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HomeMy WebLinkAbout2007-11-14 - BZA TOWN OF ULYSSES BOARD OF ZONING APPEALS 11 /14/07 APPROVED 11/20/08 PRESENT : Chairman George Tselekis, BZA Members Barbara Bristow, Andy Glasner, Code Enforcement Officer Alex Rachun , Zoning Typist Robin Carlisle Peck Excused : Carl Maim, Gerald VanOrden Applicants : Jim Zifchock, representative for Patricia Love 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 an application from Patricia Love to build a single family home on an existing lot . The permit was denied under Article VIII Section 7 . 6 in that the lot size is approximately 1 . 15 acres and two acres are required ; and frontage is 200 feet and 250 feet are required . All other setbacks for the new structure will conform to the zoning law . This was a legal conforming lot prior to the new Zoning Law of August 2005 . He noted letters were sent to the neighbors and no correspondence had been received, there is only one person in the audience . He asked if the attendee was the applicant . Mr. Zifchock stated he was here to represent the applicant . He is selling the lot and the applicant would like to build a house on it. Mr. Glasner verified that is representing the interest of the potential buyer. Mr. Zifchock confirmed that he is . Mr. Glasner stated there are no details in the application as to what is being done to the lot . He asked Mr. Rachun if the variance would apply to the lot or the owner. Mr. Rachun stated it would apply to the lot but only the owner can make the application. It would be in good for a year. Mr. Glasner verified that the variance would be issued and good for one year. The purchaser would have put in the building permit. Mr. Rachun confirmed this . Mr. Tselekis asked if Mr. Zifchock owns the adjacent lots . Mr. Zifchock replied he does, he resides on the one of the lots, they want to sell this one, and then eventually build on the other lot . Once this is done he will sell his current residence . Mr. Tselekis asked when this was subdivided . Mr. Rachun stated it was done long before the current zoning. Mr. Tselekis noted the date on the map was 1992 . He asked Mr. Rachun if the lot size and frontage was in conformance at the time the property was subdivided . Mr. Rachun stated it was in compliance at that time . Mr. Glasner asked if the Chair was ready for a motion . Mr. Tselekis affirmed this . Mr. Glasner made the MOTION, seconded by Ms . Bristow. 2 Whereas, there will no undesirable change to the character of the neighborhood, Whereas, there is no detriment to nearby property confirmed by non receipt of correspondence received for requested variance, 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, although it is a bit substantial to the current requirements, Whereas, the variance requested will not have an adverse impact on the physical and environmental conditions in the neighborhood 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 Patricia Love, Route 227, Trumansburg, NY, Town of Ulysses, Tax Parcel 12. - 1 - 16. 1 to construct a single family home on an existing lot that does not conform due to acreage and frontage. Chairman Tselekis called the vote : Ms . Bristow Aye Mr. Glasner Aye Mr. Tselekis Aye The variance was approved unanimously. Ms . Carlisle Peck presented the minutes for 08/ 15 /07 , 09/ 19/07 and 10/ 17/07 to be approved . Mr. Tselekis reviewed and the 08/ 15/07 and 10/ 17/07 were tabled until the members i could be present to vote . He stated he has a revision for the 09/ 19/07 minutes . Mr. Glasner made the MOTION to approve the minutes with the corrections, Ms . Bristow seconded the MOTION . The vote was unanimous , 09/ 19/07 MINUTES APPROVED . Mr. Rachun asked how the vote on the lake variance concluded it seemed to be a tiny lot. Mr. Tselekis stated it seemed to be pretty straight forward, no public attended or complained . It was not substantial they wanted to add a writing studio to their garage . Mr. Rachun replied the degree of variation was enormous on that particular lot, He wondered if anyone questioned why with 2500 square feet they wanted additional . They are way over the 5 % with the house he came in with a variance for the house . The house is about 35 % of the lot . He wondered how the Board feels about the lake properties . Mr. Tselekis stated they have viewed the lake lots differently as they are all nonconforming. Ms . Bristow asked for clarification on this statement . 4, Mr. Rachun stated the Board has put in their book of minutes a resolution that the lake properties are so small and nonconforming to the old zoning let alone the new which has doubled the lot size; that these would be reviewed in a different light. Ms . Bristow asked what they meant by reviewing the lake lots in a different light . Mr. Tselekis stated they had in the past been more lenient with the lake lots . This is his view and does not mean she should view them this way. amm 3 Mr. Rachun stated this had been brought up to the Town Board that these should be a district unto itself due to the small lot sizes . The Town Board was adamant they did not want to do this ; the Town Board stayed with the zoning plan as is represented in the August 2005 Zoning laws . Mr. Glasner made the MOTION to adjourn, Ms Bristow SECONDED the motion. Mr. Tselekis adjourned the meeting at 7 : 43 pm Respectfully submitted, Robin Carlisle Peck Secretary 11 / 17/07 ;j I