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HomeMy WebLinkAbout2006-06-21 - BZA TOWN OF ULYSSES BOARD OF ZONING APPEALS 06/21 /06 Approved 07/19/06 PRESENT : Chairman George Tselekis, BZA Members Carl Mann, Andy Glasner, Gerald VanOrden, Zoning Typist Robin Carlisle Peck, Code Enforcement Officer Alex Rachun APPLICANTS : Mr. Clausen representing Melissa Hilkert, Richard Krizek PUBLIC : Victor Del Rosso Chairman George Tselekis called the meeting and a duly advertised public hearing to order at 7 : 30pm . Mr. Tselekis stated there are two items on the agenda both scheduled for 7 : 30 ; the applications would be addressed in alphabetical order. The first review is Melissa Hilkert, 6570 Jacksonsville Road, Trumansburg, NY 14886 . He asked if she or a representative were in the audience and to introduce himself Mr. Clausen stated he is Ms . Hilkert ' s fiancé and he would be representing her for the evening. There is currently a 1974 double wide on the lot they are buying out the estate that currently owns it . They would like to put a new 27 . 6 x 56 modular home with a basement and a detached garage on the lot. Mr. Tselekis noted it was denied a permit by the Zoning Officer under Article 7 Section 7 . 6 the lot area is approximately one acre and the requirement is now 2 acres . The prior code had stated 1 acre was required . The lot has a minimum depth of 120 feet and 250 feet is required, all building setbacks are in conformance with the Rl District . Mr. Clausen stated the dimensions on the sheet are a little off, the abstract he has is 169 x 369 feet which is 1 . 2 acres , just a little over one acre. Mr. Tselekis asked Mr. Rachun what the depth was under the old code . Mr. Rachun replied it was 200 feet . Mr. Tselekis asked if any correspondence had been received regarding the application . Ms . Carlisle Peck stated there were none received . Mr. Tselekis asked if the public had any comments , no public comments were offered . He asked if the Board had any additional questions . Mr. Mann asked about status of the water and sewer systems and if the Health Department approval had been given. Mr. Clausen stated they are using the existing systems , he had contacted the Health Department and when he stated he was living in the unit currently he was informed there would be nothing needed . When he builds the new housing he would like to have the system inspected for his own reference . Mr. VanOrden asked if he currently owns the property. Mr. Clausen stated he is renting but would like to purchase it from the estate. Mr. VanOrden asked how long he had been living in the unit. Mr. Clausen stated he has been renting since October of 2001 . Mr. VanOrden asked if he was aware that the property was not in compliance when he agreed to purchase the property. Mr. Clausen stated he had no idea it would be a problem until he came in to get the application . He thought the 1 acre was still in compliance . Mr. VanOrden asked if the 1 acre would have been in compliance . Mr. Tselekis replied yes however a variance would have been necessary due to lot being narrow . Mr. Rachun stated removing a house and putting a new house on and in reviewing the reasons for allowing and not allowing there is an impact on government services and neighborhood. There is no increase, the question is for 50% variance-this is typical of many of the variances that will be coming in. The prior acreage was 1 acre thus anyone who wants to build and an addition, storage building etc will require a variance due to non compliant lot size. He is not sure if the information had been given to the BZA members, there is a 6 page draft of amendments to be made to the zoning ordinance . He had been directed by the Town Board to prepare for the Planning Board to amend for areas that are problematic . He cannot say it will pass -but all else being equal if the property conformed to the old ordinance and no new variances are requested a building permit could be issued. Mr. Tselekis stated if they are subdividing a lot then the two acres should be required, however if you are improving something already there he feels they should lean in favor. Mr. Rachun stated if would be a substantial increase in building standards compared to what is currently on the property. Mr. Tselekis asked if there were any other questions or if a motion was ready to be offered. Mr. Mann made a MOTION, seconded by Mr. VanOrden WHEREAS , there will not be an undesirable change produced in the character of the neighborhood or a detriment to nearby properties will not be created by the granting of an area variance, WHEREAS, the benefits sought by the applicant cannot be achieved by any other method feasible by the applicant to pursue other than an area variance, WHEREAS, the requested variance is substantial to the new zoning ordinance but when the lot was created it was not substantial, WHEREAS, the proposed variance will not have an adverse effect or impact on the physical or environmental conditions of the neighborhood or the district. The alleged difficulty was not self created which consideration would be relative to the decision of the Board . THEREFORE BE IT RESOLVED , the Town of Ulysses Board of Zoning Appeals approves the variance to construct a new dwelling with a detached garage as submitted in the application by Melissa Hilkert for the property located at 6570 Jacksonville Road, Trumansburg NY 14886, Tax Parcel 19 . -4- 1 . 1 Chairman Tselekis called the vote : Mr. Glasner Aye Mr. Mann Aye Mr. Tselekis Aye Mr. Van Orden Aye The motion was carried unanimously, variance is approved. Mr. Tselekis stated the next order of business was Mr. Krizek, he asked Mr. Krizek to explain his project . Mr. Krizek stated he owns property on the lake, it is a very small lot . He asked for a permit to raise the roof and build a second story. He will not change the character in that he is going up with his building . He brought two letters one from each of the neighbors on the side of his . There is a change in the plan on where the garage would go , after conferring with his neighbor he decided to relocate the garage so it would not be in front of the neighbors ' property. The garage would be smaller it would be 12 x 22 instead of 18 x 22 . The drawing and the letter are signed by his neighbor and stated he is in agreement with this plan. Mr. Tselekis reviewed the new location the old garage would have been build on top of the deck and the new would be further to the south of the property. Mr. Krizek showed the members where the new garage would be built, he indicated the deck is built over a gully they had planned on building a concrete wall to build the garage onto . With this new location this would not have to be done . Mr. Tselekis noted part of the problem with the new garage was the setbacks , the new garage is smaller. Mr. Krizek noted that no matter what the setbacks would be a problem . Mr. Rachun stated the property on Maplewood is unique in that most of the garages could not meet the setback requirements , as you drive down there are literally garages on the side of the roads . Mr. Tselekis noted the rear yard setback had been 5 feet and the side yard 3 feet, now they will be 22 feet for rear setback and the side yard setback is 16 feet thus this would be an improvement. Mr. VanOrden asked if there was anyone across the street that would be impacted by the raising of the house to two stories . Mr. Krizek replied no , there is a strip of woods across the street . Mr. Tselekis noted the two correspondences received were from Mr. Baum and Mr. Coleman they were in favor of the application . Mr. VanOrden asked Mr. Krizek how long he has owned the property. Mr. Krizek stated he has owned the property since 1988 . Mr. Tselekis asked if there were any other questions or if there were comments from the public . Mr. Vic Del Rosso introduced himself as residing at 87/89 Maplewood Road ; he owns the strip of woods across from Mr. Krizek ' s property. He stated Mr. Rachun is correct when he stated 50% of the lots on the lake are not in compliance . He would think the Board would have to identify this area as a special district, where they would set parameters where any changes would meet with the norm of the area so people can improve their property and still not have encroachment problems with neighbors . As far as Mr. Krizek they have known each other for some time, their kids did scouting together and the changes he is asking for will only improve the area. I really thinks this area is being improved there has been a lot of investment which can only increase the tax base . Mr. Krizek stated this is one of the few residential places on the lake, the majority of them are seasonal making this a valuable piece of property. Mr. Tselekis asked the Board for comments or a motion. Mr. Glasner made a MOTION, seconded by Mr. Mann WHEREAS, there will no undesirable change to the character of the neighborhood, no detriment to nearby property resulting from the requested variance . WHEREAS, the variance is substantial but meets the general norms of the neighborhood. WHEREAS, the area variance will not have an adverse impact on the conditions of the neighborhood. WHEREAS , the alleged difficulty was not self created . THEREFORE BE IT RESOLVED, the Town of Ulysses Board of Zoning Appeals approves the variance to construct a second story to an existing residential dwelling and a detached garage as submitted on the amended plan by Richard Krizek, 99 Maplewood Road, Ithaca, I'Y 14850 . Tax Parcel 29 . - 1 - 1 Chairman Tselekis called the vote : Mr. Glasner Aye Mr. Mann Aye Mr. Tselekis Aye Mr. Van Orden Aye The motion was carried unanimously, variance is approved. Mr. Mann offered the minutes from 04/ 19/06 need to be approved. Mr. Glasner made a MOTION to approve the minutes of 04/ 19/06 , Mr. VanOrden seconded. All in favor MINUTES Approved. Mr. Mann motioned to adjourn, Mr. Van Orden seconded . Mr. Tselekis adjourned the meeting at 8 : 03 pm . Respectfully submitted, Robin Carlisle Peck Zoning Typist 07/24/06