HomeMy WebLinkAbout2006-01-25 - BZA TOWN OF ULYSSES
BOARD OF ZONING APPEALS
1 /25/2006
PRESENT : Chairman George Tselekis, BZA Members Carl Mann, Andy Glasner, and
Gerald VanOrden; Code Enforcement Officer Alex Rachun; Zoning Typist Karin
Lanning; Excused: BZA Member Joel Warren.
ALSO PRESENT : Douglas and Barbara Coleman, Applicants .
Chairman George Tselekis called the meeting and a duly advertised public hearing to
order at 7 : 30 pm. The purpose of the public hearing was to hear comments on an area
variance requested by Douglas Coleman and Barbara Coleman for the purpose of
constructing a three-bay garage with overhead apartment on their lot at 6471 Waterburg
Road, also known as tax parcel 22 -4-6 . 3 , a parcel that lacks the 250 feet of frontage
required by the Zoning Ordinance .
Chairman Tselekis invited the applicants to describe their project .
Douglas Coleman stated they want to build a three-bay garage with an apartment
overhead. Initially, they planned just to build a garage, but decided to add an income
apartment because of the present state of the economy.
Chairman Tselekis asked Typist Lanning if any correspondence has been received and
Lanning answered no .
Chairman Tselekis noted no members of the public are present to make comment.
Chairman Tselekis opened the floor to questions from the BZA Members .
Mr. Mann asked where the garage will be in relation to the house .
Mr. Coleman stated it will be to the left of the house .
Mr. Mann asked if the garage will meet all setback requirements, and Mr. Coleman stated
he believes so .
Mr. Tselekis asked what the acreage requirement for this project is, and Code
Enforcement Officer Rachun answered it is 3 acres, so this lot is more than sufficient.
Mr. Mann asked if the lot would have been conforming under the old Zoning Ordinance,
and Mr. Rachun answered yes .
Hearing no further questions or comments, Mr. VanOrden moved to adopt the following
resolution, which motion was seconded by Mr. Glasner :
Whereas, there will be no undesirable change to the character of the neighborhood
and no detriment to nearby properties resulting from the requested variance, and
Whereas, the benefit sought by the applicant can not be achieved by a feasible
alternative method other than an area variance, and
Whereas, the variance is not substantial in comparison to the requirement (203
feet of frontage compared to 250 feet of frontage) , and
Whereas, the variance requested will not have an adverse impact on the physical
or environmental conditions in the neighborhood, and
Whereas, the alleged difficulty was not self-created,
Town of Ulysses 2
Board of Zoning Appeals
1 /25/2006
Be It Therefore Resolved, that an area variance be granted to Douglas and
Barbara Coleman from the requirements under Article VII, Section 7 . 6 of the Zoning
Law in that the parcel of land does not have 250 feet of frontage as required under the
Zoning Law for the purpose of constructing a 3 -bay garage with an overhead apartment at
their residence, 6471 Waterburg Road, which parcel is also known as Tax Parcel 22 -4-
6 . 3 .
Mr. Tselekis aye
Mr. Glasner aye
Mr. Mann aye
Mr. VanOrden aye
The motion carried and the variance was granted.
Code Enforcement Officer Alex Rachun asked the BZA what action, if any, they would
like to take with respect to approximately eight properties that were granted area
variances under the previous Zoning Ordinance and have not undertaken the construction
projects that necessitated their area variances . Discussion ensued . The consensus was that
these area variances should remain with the properties and the construction projects
should be permitted as allowed uses .
Mr. Mann moved to approve the minutes of the November 16, 2005 meeting as drafted .
Mr. VanOrden seconded.
Mr. Tselekis aye
Mr. Maim aye
Mr. VanOrden aye
Mr. Glasner - abstained.
The motion passed and the minutes were approved .
Hearing no further business, Mr. Mann moved to adjourn the meeting. Mr. Glasner , 1
seconded.
Mr. Tselekis aye
Mr. Glasner aye
Mr. Mann aye
Mr. VanOrden aye
Chairman Tselekis adjourned the meeting at 7 : 40 pm .
Respectfully Submitted,
Karin Lanning
Zoning Typist
KTL: kl
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