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HomeMy WebLinkAbout2007-09-19 - BZA 1 TOWN OF ULYSSES BOARD OF ZONING APPEALS 09/19/07 Approved with correction 11/14/07 PRESENT : Chairman George Tselekis, BZA Members Barbara Bristow, Andy Glasner, Carl Maim, Gerald VanOrden, Deputy Supervisor Richard Coogan , Zoning Typist Robin Carlisle Peck Applicants : Richard Sutta, Beverly Doolittle, Paul Stodghill, Dana Bevins . Public : Ed Snyder, Helen and Alan Danielson, John Ehnt, Ted MacCarrick Chairman George Tselekis called the meeting and a duly advertised public hearing to order at 7 : 30 pm . He stated they were meeting to hear several applications . The first application to be called is Mr. Paul Stodghill . He asked if Mr. Stoghill was available to provide details regarding this project . STODGHILL Mr. Stodghill stated he would like to add an accessory building on his lot as the current storage shed is dilipated. The building would be obtained from 89 Traders Village the Amish place located on Route 89 . Mr. Tselekis stated the lot would have conformed to the previous requirements of the zoning law. He noted there were no correspondences received regarding this project . He asked if the Board had any comments, concerns or motions to present . Mr. Glasner made the MOTION, seconded by MR. VanOrden Whereas, there will no undesirable change to the character of the neighborhood, Whereas, there is no detriment to nearby property resulting from the requested variance to construct a storage shed, Whereas, the benefits sought by the applicant cannot be achieved by a feasible alternative method other than an area variance, and Whereas, the variation is not substantial in comparison to the previous requirements, Whereas, the variance requested will not have an adverse impact on the physical and environmental conditions in the neighborhood as described by the neighbors, and Whereas, the alleged difficulty was not self-created, Be it therefore resolved that the Town of Ulysses Zoning Board of Appeals approve an area variance for Paul Stodghill, 2677 Agard Road, Town of Ulysses, Tax Parcel 19. -4- 1 . 3 to construct a storage shed. Chairman Tselekis called the vote : Ms . Bristow Aye Mr. Glasner Aye Mr. Mann Aye Mr. Tselekis Aye Mr. Van Orden Aye The variance was approved unanimously. BEVINS Mr. Tselekis stated the next application on the agenda is for Dana Bevins . They would like replace a barn with anew structure . He asked Mr. Bevins to describe the project. 2 Mr. Bevins stated they have a 60 year old structure that has become an eyesore they would like to replace it . The building they are proposing would be 27 x 24 feet. Mr. Tselekis stated they would be replacing an existing structure vs . adding to the footprint . Mr. Bevins confirmed this, he stated the current structure is 24 x 33 . Mr. Tselekis noted the setbacks would be the same. Mr. Ed Snyder stated he lives West of Dana and he has no problem with this project and supports the variance . Mr. VanOrden stated the acreage is the conflict vs . the setbacks for the project. Mr. Coogan stated there was a discrepancy of 5 feet noted on the plan, however the setbacks are still met. Mr. Tselekis asked the Board if there were any comments, concerns or motions . Ms . Bristow made the MOTION, seconded by Mr. Glasner. Whereas, there will no undesirable change nearby to the character of the neighborhood, Whereas, there is no detriment to nearby property resulting from the requested variance to remove and existing barn and construct a garage, Whereas, the benefits sought by the applicant cannot be achieved by a feasible alternative method other than an area variance, and Whereas, the variation is not substantial in comparison to the previous requirements, Whereas, the variance requested will not have an adverse impact on the physical and environmental conditions in the neighborhood as described by the neighbors, and Whereas, the alleged difficulty was not self-created, Be it therefore resolved that, the Town of Ulysses Zoning Board of Appeals approve an area variance for Dana Bevins, 5031 Terrell Road, Town of Ulysses, Tax Parcel 21 . -3-4 remove an existing barn and construct a garage/barn on an existing lot. Chairman Tselekis called the vote : Ms . Bristow Aye Mr. Glasner Aye Mr. Mann Aye Mr. Tselekis Aye Mr. Van Orden Aye The variance was approved unanimously. DOOLITTLE Mr. Tselekis stated the next variance is for Beverly Doolittle, he stated he would be recusing himself from this due to a property sale between the two parties . He stated he would be chairing the procedure but could not vote on the project. He asked the applicant to give a description of the project. Ms. Doolittle they had built a new house and tore down the old house, they left the pump and water condition in the basement and ran lines to the new house . The rafter joints were corroded thus pulled them out. They would like to build a new garage on the same foundation they are working with an engineer to get weight regulations for the floor so 3 they could have cars in the garage over the basement . The new garage would be 24 x 32 with a concrete floor over the basement. Mr. Glasner asked for clarification for the layout of the property. The applicant indicated the layout on the map provided . Ms . Helen Danielson stated she is a neighbor bordering the Doolittle property. At the last meeting the structure that was the current living quarter was supposed to be torn down. She is questioning why the applicants are back again asking for an additional building permit, why do they need two carports/garages. They have not purchased any additional property to accommodate the additional structures . Mr. Tselekis stated they are purchasing 2/ 10 acres to make the lot 1 full acre. Ms . Doolittle stated they had until July 1st to tear down the garage . They did this and disposed of the material per regulations . They lived in the old house until the new one was built, once that was completed they tore down the old house. They have graded the property and are landscaping it now. They reviewed the plan and are asking for the plan to add the garage rather than filling in the basement . Mr. Glasner asked for a description of the whereabouts of the property on the Town map . Applicant stated it is on Krums Corners Road. Ms . Doolittle stated they were given permission to install a carport on the other side of the house by Mr. Rachun . Mr. Glasner stated the other alternative would be to leave the basement as is . Ms . Danielson stated her concern is there have been no upgrades to the property. The increased numbers of vehicles/carport are permanent storage . No stored vehicles seem to be leaving the property as she was led to believe would happen. Mr. Glasner asked if there were additional storage for vehicles, would this help eliminate the scope of the problem with vehicles stored on the property. Ms . Danielson stated it might, but the plan was for the house to be torn down, this should have been addressed, however now they are asking for additional structures . They have a double wide on their property with multiple carports that are all full of vehicles with no additional property purchased as was their agreement at the initial meeting when they received approval to build. She is concerned how many times this will happen. At what point will it stop . Mr. Doolittle stated the neighbor lives 75 feet away from the border of his property. He has spoken with Mr. Rachun and is in the process of removing 2 vehicles with no license plates per the zoning code . Mr. Tselekis stated the delay has been his fault ; again the square footage will give the applicant an acre of property. It is not related to crowding or setback requirements . He asked if there were any other comments, questions . Mr. Glasner stated he understands the history and emotional concerns however for their perspective they need to focus on the building and evaluate if this would move the property in a forward direction. Ms . Bristow stated she would have to concur with Mr. Glasner ' s statement. Mr. VanOrden verified the setback and acreage. Mr. Glasner made the MOTION, seconded by Ms . Bristow • 4 Whereas, there will a minor undesirable change to the character of the neighborhood, Whereas, there is a minor detriment at the location of the old house, Whereas, the benefits sought by the applicant cannot be achieved by a feasible alternative method other than an area variance, and Whereas, the variation is substantial in comparison to the new but not substantial to the previous requirements, Whereas, the variance requested will not have an adverse impact on the physical and environmental conditions in the neighborhood as described by the neighbors, and Whereas, the alleged difficulty was not self-created, Be it therefore resolved that the Town of Ulysses Zoning Board of Appeals approve an area variance for Beverly Doolittle, 3200 Krums Corners Road, Town of Ulysses, Tax Parcel 33. -4-2 to construct a garage on an existing lot. Chairman Tselekis called the vote : Ms . Bristow Aye Mr. Glasner Aye Mr. Mann Aye Mr. Tselekis Recused Mr. Van Orden Aye The variance was approved. SUTTA Mr. Tselekis stated the final project was for Richard Sutta, he would like to have a variance for a 16 square foot sign he erected for his home occupation. He noted there is a letter from Mr. Rachun as well as a set of pictures regarding the project in the file. There is also a letter from Willis DeBell supporting the project . He asked if Mr. Sutta would give a description of the project. Mr. Sutta stated the sign is located on the corner of Dubois Road and Perry City Road ; he located the sign there due to heavy traffic to advertise his home business . He asked several people in the area and there were no arguments offered . The sign is larger then the allowed square footage, it is 4x4 vs . 3x3 , the setback is 39 feet from Perry City Road and 40 feet from Dubois Road-the requirement is 30 feet. Mr. Tselekis stated the house is quite a ways away from the sign, it appears Mr. Sutta owns 2 V2 acres . He asked Mr. Sutta if he was aware of the ordinance regarding signage. Mr. Glasner stated he is aware of this sign as he drives this route to work daily, it is not obstructing traffic as far as he is concerned. ' Mr. Sutta stated he was made aware of the issue by receiving a call from Mark Hasson who informed him the sign may have to come down. He called Mr. Rachun who suggested he move the sign. He stated he does not want to do this thus was advised to try for a variance. Mr. VanOrden noted the sign was put in May 2007 , there was no building permit, he asked if Cayuga Signs had advised Mr. Sutta a permit was needed or advised him to check into zoning regulations . Mr. Sutta replied Cayuga Signs did not tell him there was a permit necessary, they did say it may or may not be a problem installing the sign per Town zoning requirements . Mr. Tselekis stated the sign is a home business sign, not a billboard advertising sign and it is done very tastefully. 5 Mr. Sutta stated this route has heavy traffic and it is twice as much advertising on the corner of the two roads . Mr. Glasner stated the sign is very tasteful , it does not obstruct, but the rules are here for a reason . It is clear Mr. Sutta could have complied and he is having a hard time coming up with an exception, he cannot find a reason to come up with an exception . Mr. VanOrden stated he sees two issues, the size of the sign and the fact that it was erected without a permit . If the sign were 9 feet or less a permit could probably be worked out, the location would have been reviewed during the permit process . He is in a similar mind with Mr. Glasner, he cannot find a compelling reason for an exception. The BZA tends to review projects from people who got caught in the new zoning vs . the old zoning regulations . Mr. Mann asked Mr. Sutta how long it would be until the sign had to be repainted . Mr. Sutta replied he had no idea, Cayuga Signs left him cans of paint in case it did . Mr. Tselekis stated this sign is pushing the envelope, it is bigger than allowed and is advertising vs . indicating a home business . Mr. Sutta stated the sign was designed so it would fit the character of the area. It is not brash or obtrusive . Mr. Tselekis asked if there were any other questions or comments . Mr. Mann stated the Board has granted variances with sets of condition, i . e. they would grant a variance for a period of time 6 months to a year. The size/permit is problematic the permit and size can be rectified after a period of time, they could allow use for 1 year then it would have to come down. Mr. Glasner stated there would be an economic hardship if the applicant had to remove the sign, this would alleviate this . Mr. Sutta stated he would rather the variance be cut and dry, not allowed for 1 year etc . either allow or deny the variance . Mr. VanOrden made the MOTION, seconded by Mr. Glasner. Whereas, the variation is substantial to the requirements, 16 square feet vs. 9 square feet, Whereas, the alleged difficulty was self-created, Be it therefore resolved that the Town of Ulysses Zoning Board of Appeals DENY an area variance for Richard Sutta, 3201 Dubois Road, Town of Ulysses, Tax Parcel 33. -2- 7 for a 16 sq ft sign erected for his home occupation without a permit. Chairman Tselekis called the vote : Ms . Bristow Aye Mr. Glasner Aye • Mr. Mann Nay Mr. Tselekis Aye Mr. Van Orden Aye The variance was DENIED . Mr. Tselekis asked if there were any minutes to approve . Ms . Carlisle Peck stated they still needed to approve the 05/ 16/07 and 08/ 15/07 minutes . She did not have a hard copy of 08/ 15 /07 . 6 Mr. Glasner made the MOTION to approve 05/ 16/07 minutes, Mr. Mann seconded. The vote was taken, the minutes were approved unanimously. Mr. Maim made the motion to adjourn, Mr. Glasner seconded, the meeting was adjourned at8 : 45pm . Respectfully submitted, Robin Carlisle Peck Zoning Typist 10/30/07 •