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HomeMy WebLinkAbout2006-02-15 - BZA Town of Ulysses Board of Zoning Appeals 2/15/2006 APPROVED 3/29/2006 PRESENT : Acting Chairman Carl Mann, BZA Members Joel Warren, Gerald Van Orden, and Andrew Glasner; Code Enforcement Officer Alex Rachun; and Zoning Secretary Karin Lanning. ALSO PRESENT : Joe Hucko, Applicant, Matthew Moore, John Wertis and Margot Chiuten of the Ulysses Planning Board, and Philip Stillman. Mr. Mann called the meeting and a duly advertised public hearing to order at 7 : 30 pm . The purpose of the hearing was to hear comments on an area variance and a Zoning Ordinance interpretation and/or additional area variance requested by Washington Street Partners for the purposes of developing property located at 2280 Trumansburg Road, which property is also known as Tax Parcel 11 -2 - 7 . 1 . An area variance was requested for a waiver from the 60 parking spaces required by the Ulysses Zoning Ordinance for the proposed development, and an interpretation with or without an area variance was requested because Article XIII, Section 13 . 2 of the Ulysses Zoning Ordinance restricts retail stores to 3 ,000 square feet but does not set a square footage limit for retail services. After asking if all BZA Members have read the written advisement of the Town Attorney and receiving affirmative answers, Mr. Maim opened the floor to comments from the public . No comments were heard . Mr. Mann asked if there is any correspondence on this matter. Mrs . Lanning answered no correspondence has been received except for the above-mentioned letter from the Attorney. • Ms . Chiuten of the Planning Board asked if the BZA received a copy of the Planning Board ' s recommendation , and Mr. Mann answered yes and stated he would like said recommendation entered into the record . Planning Board Recommendation to the Board of Zoning Appeals — 1/31/06 — Regarding the Washington Street Partners, Trumansburg Commons Site Plan The Town of Ulysses Planning Board hereby recommends to the Town of Ulysses Board of Zoning Appeals an approval of area variances for the reduction in the number of parking spaces, pursuant to Article XVII — Design Standards, Section 17. 3, Subsection 17. 3. 1 to the 54 +/- parking spaces shown on the proposed site plan, finding that such reduction will not adversely affect traffic flow on the project site, will leave adequate parking for all the reasonably anticipated uses on the project, and will not otherwise adversely affect the general welfare of the community, and for an increase in floor area from 3, 000 square feet required by Article XIII, Section 13. 2 to 12, 075 square fret, finding that typical floor area for retail stores requires more than 3, 000 square feet; unless determined not to be necessary by the Zoning Officer 's interpretation. Mr. Mann stated he would like to act on the two issues separately, and invited a resolution to address the area variance . Mr. Van Orden moved the following resolution, which Mr. Glasner seconded : In regards to the granting of an area variance from the requirements of Article XVII-Section 17 . 3 . 1 (parking space requirements) of the Ulysses Zoning Ordinance, to the Trumansburg Commons, LLC , for their proposed development of 2280 Trumansburg Road, which property is also known as Tax Parcel 11 -2- 7 . 1 : Whereas, there will be no undesirable change to the character of the neighborhood resulting from the requested variance, and Whereas the variance is not substantial in comparison to the requirement (54 spaces for parking compared to 60 spaces), and Town of Ulysses 2 Board of Zoning Appeals 2/ 15/2006 Whereas, the variance will not have an adverse impact on the physical or environmental conditions in the neighborhood, Be It Therefore Resolved that an area variance is granted to the Washington Street Partners for the proposed Trumansburg Commons, LLC development of 2280 Trumansburg Road, tax parcel 11 -2-7 . 1 , for the purpose of establishing 54 parking spaces in connection with the proposed retail store. Mr. Glasner aye Mr. Mann aye Mr. Van Orden aye Mr. Warren aye The motion carried and the area variance was granted . The Board and Mr. Rachun discussed the other piece of the Planning Board ' s recommendation in light of the Town Attorney' s Legal Opinion Letter dated February 8 , 2006 . Mr. Rachun started the discussion by noting the Planning Board recommended either an area variance or an interpretation by him as Zoning Officer, which although he has limited powers to do , he felt it would be better to submit the matter to the Board of Zoning Appeals as the judiciary authority over Zoning matters in the Town. Mr. Mann pointed out that the portion of Article XIII, Section 13 . 2 of the Zoning Ordinance that refers to retail services, which is found on page 60, includes the words "such as" and also identifies several professions that, like a Pharmacist, are licensed by the State of New York . So noting, Mr. Mann suggested that it seems like the terms "retail store" and "retail service" could be interchanged in this situation, as the Town Attorney suggests . Mr. Mann asked the opinion of the BZA Members . . Mr. Glasner stated he is not sure the terms could be interchanged, but believes the proposed development could be classified as a retail service. Mr. Van Orden stated he could not agree with granting an area variance, but this seems like a reasonable proposal . Mr. Wertis of the Ulysses Planning Board asked how much of the proposed building will be used for retail services , including the pharmacy and photo development, versus retail sales . Ms . Chiuten supported Mr. Wertis ' request. Mr. Hucko, the Applicant, explained the best he could do is speculate on what portion of the building will be dedicated to services . His firm will construct the building and develop the site, but the exact layout inside will be up to the lessee . Mr. Hucko also pointed out that the 12 ,075 square feet includes the building and the canopy surrounding it as well as storage space within the building. Discussion ensued. Mr. Warren asked if an interpretation finding that the proposed pharmacy development could be classified as a retail service would set a precedent . Mr. Rachun answered no , each situation is judged on a case-by-case basis, so the only way this could set a precedent would be if another, similar pharmacy with similar circumstances were . proposed . After brief discussion, Mr. Glasner moved the following resolution, which Mr. Van Orden seconded : BE IT HEREBY RESOLVED, that the Ulysses Board of Zoning Appeals follows the recommendation of the Town Attorney, Bruce Wilson, in interpreting that the pharmacy development proposed by Washington Street Partners/Trumansburg Commons LLC at 2280 Trumansburg Road , tax parcel 11 -2- 7 . 1 be classified as a retail service, as defined in Article XIII, Section 13 . 2 of the Ulysses Zoning Ordinance . Town of Ulysses 3 Board of Zoning Appeals 2/ 15/2006 Mr. Glasner aye Mr. Mann aye Mr. Van Orden aye Mr. Warren aye The motion carried and the resolution was adopted . Mr. Glasner made a motion to resolve that, because of the above decision, no area variance will be needed to allow the proposed Washington Street Partners/Trumansburg Commons, LLC to proceed with Site Plan Review action by the Planning Board, and, therefore, the Board of Zoning Appeals will not consider an area variance on this matter. Mr. Warren seconded . Mr. Glasner aye Mr. Mann aye Mr. Van Orden aye Mr. Warren aye The motion carried and the resolution was adopted . Mr. Van Orden moved to approve the minutes of 1 /25/06 as drafted . Mr. Glasner seconded. Mr. Glasner aye Mr. Mann aye Mr. Van Orden aye Mr. Warren aye Approved. Hearing no further business, Mr. Glasner moved to adjourn the meeting. Mr. Van Orden seconded . Mr. Glasner aye Mr. Mann aye Mr. Van Orden aye Mr. Warren aye Mr. Mann adjourned the meeting at 7 : 52 pm . Respectfully Submitted, Karin Lanning Zoning Typist KTL: Ii , 1 '. I t