HomeMy WebLinkAboutZBA 2023-07-12TOWN OF DRYDEN
Zoning Board of Appeals
July 12, 2023
via Hybrid
APPROVED 10-3-23
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Board Members (*absent)
Janis Graham, Chairwoman
Ben Curtis
Henry Slater
Others Attending
Ray Burger, Director of Planning
Joy Foster, Board Secretary, (zoom)
Applicants & Public Attending
Jason & Hope Kiley, Applicants
Nicholas & Max Brenner, Applicants
Michael Authur
Barry Hutchinson
James Whalley
The Public Hearing was opened at 6:00 PM, by Chairwoman Graham. After confirming
those present had seen the notice Graham motions to waive reading the notice. It is noted
that the Legal Notice was published in the Ithaca Journal on 6-24-23, as follows:
Second: Curtis - Yes
All in favor – Yes
NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public
Hearing to consider the application of Hope Kiley for an area variance at 210 Dryden-Harford
Road, Tax Parcel ID 50.-1-11.2. This parcel is in the Neighborhood Residential zoning district
and the Code of the Town of Dryden requires a 50 foot front yard setback for structures.
Applicant requests 21 feet of relief to allow an attached lean-to garage to be constructed within
29 feet of the road.
SAID HEARING will be held on Wednesday July 12, 2023 at 6:00 pm at Dryden Town Hall,
93 East Main Street, Dryden, NY 13053 at which time all interested persons will be given an
opportunity to be heard. You can either attend the hearing in person or remotely. To attend
remotely you connect to the hearing via internet or telephone. Details on how to connect will be
posted July 11 to the Town website at: dryden.ny.us You can also submit comments prior to the
meeting or request meeting details by email to: planning@dryden.ny.us
Individuals requiring assistance should contact the Town of Dryden at 607-844-8888 x 216 at
least 48 hours prior to the time of the public hearing.
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210 Dryden-Harford Road Tax Parcel ID# 50.-1-11.2 Neighborhood Residential Zoning
District
Hope & Jason Kiley, the homeowners at 210 Dryden-Harford Road, requests relief from the
Town of Dryden Code Section 270-6.1, in order to construct an attached lean-to garage within
the required 50 foot front yard setback. They were requesting 21 feet of relief to allow an
attached lean-to garage to be constructed within 29 feet of the road. After a discussion with the
board and their contractor it was determined that they need 21.5 feet of relief and 28.5 feet from
the road, in order to accommodate the projection of the roof eave. This is an open lean-to that
could be closed at a later date for a garage as long as they apply for proper building permits with
the Dryden Town Building Dept. and follow all Building and Fire Codes.
At the conclusion of the Boards discussion, Chairwoman Graham confirmed there were no
residents who wished to speak regarding this variance request.
With that Chairwoman Graham moved to close the Public Hearing at 6:10 pm
Second: Curtis - Yes
All in favor – Yes
Discussion/Decision
At the request of Chairwoman Graham, the Board proceeded with the required questions for an
Area Variance; the responses given by the ZBA members, were as follows.
After discussion with the Board, the applicants amended their variance request to 21.5 feet
of relief from 21 feet in order to accommodate the projection of the roof eave.
A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE
PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR
DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY GRANTING
OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS
FOLLOWS:
There would not be undesirable change. The lean-to would hardly, if at all, be visible from
the street. If anything, there would be an improvement to the neighborhood since it would
shelter the boat and consolidate, in one area, the other various items to be stored.
Motion made by: Curtis - Yes
Second: Graham - Yes
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All in favor – Yes
B. IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT
CAN BE ACHIEVED BY SOME OTHER METHOD, FEASIBLE FOR THE
APPLICANT TO PURSUE, OTHER THAN AN AREA VARIANCE, THE ZONING
BOARD OF APPEALS FINDS AS FOLLOWS:
There are other locations for the lean-to, but none are as logical, given that other locations would
not provide driveway access and would not allow attachment to the existing garage.
The burden to the applicant to re-site the lean-to would way outweigh the benefits –if there are
any—to the community.
Motion made by: Slater- Yes
Second: Graham- Yes
All in favor – Yes
C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS
SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS:
The variance is substantial but that has minor importance given how the structure will be almost
entirely screened from view.
Motion made by: Slater - Yes
Second: - Curtis - Yes
All in favor – Yes
D. IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN
ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL
CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. THE ZONING BOARD
OF APPEALS FINDS AS FOLLOWS:
The structure will be small, 15.6 feet by 30 feet, will attach to an existing garage and will be well
screened by ample surrounding vegetation, so there will not be an adverse effect or impact on the
physical or environmental conditions in the neighborhood.
Motion made by: Curtis- Yes
Second: Graham- Yes
All in favor – Yes
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E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-
CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS:
The difficulty was self-created, but the proposed lean-to is in a good location that takes
advantage of the existing driveway.
Motion made by: Graham - Yes
Second: Slater - Yes
All in favor – Yes
Motion made by: Curtis to classify this as SEQR exempt type II action 6 CRR-NY
617.5(c)(16), ), per the recommendation of the Planning Dept.
Second: Slater- Yes
All in favor – Yes
This action is not subject to Regional GML-239 review pursuant to Inter-
governmental Agreement Section II. E.
Consideration of Ag & Markets requirements is not required for area variance
requests (Ag & Markets 25-AA, NYS Town Law 283-A)
A motion was made by Curtis to approve the Area Variance as amended for 21.5
feet of relief based on the above findings.
Second: Graham– Yes
All in favor – Yes
Congratulations your variance is approved.
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The Public Hearing was opened at 6:25 PM, by Chairwoman Graham. After confirming
those present had seen the notice Graham motions to waive reading the notice. It is noted
that the Legal Notice was published in the Ithaca Journal on 6-24-23, as follows:
Second: Curtis - Yes
All in favor – Yes
NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public
Hearing to consider the application of Nicholas Brenner for an area variance at 181 Lake
Road, Tax Parcel ID 48.-1-88. This parcel is in the Neighborhood Residential zoning district and
the Code of the Town of Dryden requires a 50-foot front yard setback for structures. Applicant
requests 16 feet of relief to allow an attached deck to be constructed within 34 feet of the road.
SAID HEARING will be held on Wednesday July 12, 2023 at 6:15 pm at Dryden Town Hall,
93 East Main Street, Dryden, NY 13053 at which time all interested persons will be given an
opportunity to be heard. You can either attend the hearing in person or remotely. To attend
remotely you connect to the hearing via internet or telephone. Details on how to connect will be
posted July 11 to the Town website at: dryden.ny.us You can also submit comments prior to the
meeting or request meeting details by email to: planning@dryden.ny.us
Individuals requiring assistance should contact the Town of Dryden at 607-844-8888 x 216 at
least 48 hours prior to the time of the public hearing.
181 Lake Road, Tax Parcel ID# 48.-1-88, Neighborhood Residential Zoning District
Nicholas Brenner, owner of the above referenced parcel, requests relief from the Town of
Dryden Code Section 270-6.1, in order to construct an attached deck within the required 50 feet
front yard setback. He requests 16 feet of relief from the 50-foot required front yard setback. The
original dwelling was granted an area variance in 2016 to construct the house within 40 feet of
the road. After a discussion with the Board and the applicant, the applicant decided to request 17
feet of relief and 7 feet beyond the original grant of 10 feet, to accommodate the projection of the
roof eave.
At the conclusion of the Boards discussion, Chairwoman Graham confirmed there were no
residents who wished to speak regarding this variance request.
With that Chairwoman Graham moved to close the Public Hearing at 6:30 pm
Second: Curtis - Yes
All in favor – Yes
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Discussion/Decision
At the request of Chairwoman Graham, the Board proceeded with the required questions for an
Area Variance; the responses given by the ZBA members, were as follows.
After a discussion with the Board and the applicant, it was decided to request 17 feet of
relief and 7 feet beyond the original grant of 10 feet, to accommodate the projection of the
roof eave.
A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE
PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR
DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY GRANTING
OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS
FOLLOWS:
Although the house is closer to the road compared to neighboring homes, the addition of a front
porch is consistent with the style of nearby properties and will actually improve the
neighborhood’s character.
Motion made by: Slater - Yes
Second: Graham - Yes
All in favor – Yes
B. IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT
CAN BE ACHIEVED BY SOME OTHER METHOD, FEASIBLE FOR THE
APPLICANT TO PURSUE, OTHER THAN AN AREA VARIANCE, THE ZONING
BOARD OF APPEALS FINDS AS FOLLOWS:
A front porch has special characteristics in that it is a place that connects a home and its
inhabitants to the larger community. A long-standing architectural tradition, it has historically
served as a place for receiving visitors, staying connected with neighbors and keeping an eye on
the safety of nearby properties/residents. These benefits can only be achieved with a front porch
such as that proposed.
Motion made by: Curtis - Yes
Second: Graham- Yes
All in favor – Yes
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C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS
SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS:
The variance is substantial in that 7 feet of relief is being requested in addition to the 10 feet of
relief granted in 2016 when the home was proposed to be built. But given the topographical
constraints of the site, it seems reasonable.
Motion made by: Curtis - Yes
Second: - Graham - Yes
All in favor – Yes
D. IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN
ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL
CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. THE ZONING BOARD
OF APPEALS FINDS AS FOLLOWS:
It is a small addition to the existing home and as such, it will have a small, but positive, visual
impact. Thus, no adverse effect on the physical or environmental conditions in the neighborhood.
Motion made by: Graham - Yes
Second: Slater - Yes
All in favor – Yes
E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-
CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS:
Yes, but given the unique and challenging topographical constraints of the site, it is a logical
extension to the development of the lot.
Motion made by: Graham - Yes
Second: Slater - Yes
All in favor – Yes
Motion made by: Curtis to classify this as SEQR exempt type II action 6 CRR-NY
617.5(c)(16), per the recommendation of the Planning Dept.
Second: Slater- Yes
All in favor – Yes
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This action is not subject to Regional GML-239 review pursuant to Inter-
governmental Agreement Section II. E.
Consideration of Ag & Markets requirements is not required for area variance
requests (Ag & Markets 25-AA, NYS Town Law 283-A)
A motion was made by Graham to approve the Area Variance as amended for 7 feet of
relief in addition to the 10 feet of relief granted in 2016, based on the above findings.
Second: Curtis– Yes
All in favor – Yes
Congratulations your variance is approved.
Graham moves to approve the minutes from June 6, 2023
Second: Slater – Yes
All in favor – Yes
ADJOURNMENT
Graham Motion to adjourn 6:50 PM
Second: Slater – Yes
All in favor – Yes