HomeMy WebLinkAbout2008-11-19 - BZA TOWN OF ULYSSES
BOARD OF ZONING APPEALS
11 /19/08
PRESENT : Chairman George Tselekis , BZA Members Andy Glasner, Carl Mann,
Gerald VanOrden, Deputy Supervisor Dick Coogan, Zoning Typist Robin Carlisle Peck
Excused : Barbara Bristow
Applicants :
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 George and
Roxie Hewertson for dividing a lot on Rabbit Run Road . The problem is the whole lot is
1 . 4 acres with two houses which is smaller than the requirement under the new code.
They want to divide this property into 2 lots . There is also a problem in that the sheds on
the lot are too close to the property line . He asked Mr. Hewertson to explain the project to
them .
Mr. Hewertson introduced himself to the members . He stated when this estate came up
for sale they were led to believe that the old farmhouse was a tear down. Upon taking
possession of the property they realized this was not the case . They had the septic and
water inspected and it was in good shape . They realized it was doable thus they currently
have a ranch house that is in good shape as is the farm house . They put a new roof on
both houses and would like to split the lot into two properties . If this is done they plan on
renovating the farmhouse and bringing it back to its original condition. It is 1900 ' s and
they have done significant work on it already it is classic old farmhouse and worth the
expense to bring it back. They believe the renovations will enhance the community there.
It would be a win-win situation. Be dividing this it would create two tax parcels instead
of one . He understands the limitation on parcel size .
Mr. Tselekis stated the limit is 2 acres it used to be one however his project would not
comply with either zoning law .
Mr. Hewertson stated he understands this he purchased the property in December
figuring he would tear one down. If he were proposing building 5 new houses he would
understand their denial however these houses are already in existence . Each has its own
well and septic system that have passed inspection. His point is given that they already
exist and it is a lower density neighborhood he would ask they consider the two tax
parcels , this would not affect the neighborhood as nothing would be changed .
Mr. Tselekis asked if he knows the size of the two parcels .
Mr. Hewertson stated the total size is 1 . 4 acres .
Mr. Tselekis asked how he would divide the lots .
Mr. Hewertson stated he would accept advice from the Board. These are sheds that could
be moved. They could be taken down in half a day.
Mr. Tselekis noted the drawing has a line down the middle of the lot .
Mr. Hewertson stated that was preliminary, he would accept any recommendations from
this Board. He used down the middle as an example . He provided pictures of the two
houses for a visual . It appears to be close together however there is sufficient room for
each house .
Mr. Tselekis noted the neighbors had been notified . He noted they had not received any
correspondence nor were there any public attendees in the audience to comment .
Mr. Hewertson asked when the 2 acre requirement went into effect.
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Mr. Coogan stated it was effective in 2005 .
Mr. Hewertson stated two properties on 1 . 4 acres would not be in compliance . As a
Board they must look at the rules and make common sense decisions . He feels this would
be a common sense decision as he has two houses as really only needs one. He was led to
believe one would be a tear down thus he purchased the property. Instead of tearing down
the good house he would like to offer it for sale .
Mr. Tselekis stated he was not in compliance prior to the new zoning. He stated they are
not changing the density of the neighborhood or character of the neighborhood . They
could move the two sheds thus he would not need a variance for those items . It is tricky
in that he does not have a property line thus they are not clear what they would be
approving.
Mr. Glasner stated they could qualify that no setbacks be violated.
Mr. Hewertson asked for clarification.
Mr. Glasner explained requiring the setbacks be met the property could not be divided so
the majority of the land goes to the house he would reside in. If he were to keep these lots
divided in half would not affect the neighborhood.
Mr. Tselekis asked what the side setbacks are for a building.
Mr. Coogan replied the setback is 15 feet.
Mr. Tselekis stated they could allow him to divide the land as long as there is no violation
of the side setbacks .
Mr. Hewertson stated their recommendation would be to divide the lot as close as
possible in half
Mr. Tselekis stated he does not think they would have to say. As far as he is considered
the side setbacks are the issue.
Mr. Glasner stated he would have to consider where the septic and well are on each lot so
these would remain on each individual lot to alleviate future problems for each other.
Mr. VanOrden stated he should consider what is reasonably in half He knows where the
houses are thus reasonable in half should be considered . There are a couple of trees that
would make a natural property line.
Mr. Tselekis asked if they had any other questions . No questions were offered. He asked
if a member would like to make a motion.
Mr. Van Orden made the MOTION, seconded by Mr. Glasner.
Whereas, there will a minor change to the character of the neighborhood,
Whereas, there is no major change 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,
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,
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Be it therefore resolved that the Town of Ulysses Zoning Board of Appeals approve an
area variance to split the lot into two lots of approximately equal size further the sheds
will be removed or relocated to comply with the setback requirements for George and
Roxanne Hewertson, 4111 and 4125 Rabbit Run Road, Trumansburg, NY, Town of
Ulysses, Tax Parcel 12. -4- 11 .
Chairman Tselekis called the vote :
Mr. Glasner Aye
Mr. Mann Aye
Mr. Tselekis Aye
Mr. VanOrden Aye
The variance was approved unanimously.
Mr. Hewertson asked what the next step would be .
Mr. Coogan stated he would need to get the survey clone . He would have to come in and
see Mr. Rachun who will assist him with the procedure .
Ms . Carlisle Peck stated they have minutes that need to be approved . They have 8/ 15/07 ,
11 / 14/07 and 10/ 15/08 . Since Ms . Bristow is not in attendance they cannot do the
11 / 14/07 minutes . She asked if they could do conditional approval on the minutes for an.
absent member.
Mr. Coogan stated it was his understanding this was acceptable. They had to be in
attendance to make the initial motion, however the resolution could contain final
approval contingent upon an absent members vote .
Mr. Mann made the MOTION to approve the minutes of 10/ 15/08 as presented,
Mr. VanOrden seconded the MOTION. The vote was unanimous, 10/ 15 /08 MINUTES
APPROVED .
Mr. Glasner made the MOTION to approve the minutes of 08/ 15/07 ,
Mr. Van Orden, seconded the MOTION. The vote was unanimous, 08/ 15/07 MINUTES
APPROVED .
Mr. Glasner made the MOTION to conditionally approve the minutes of 11 / 14/07 and
allow electronic approval of attendees not present, Mr. Mann seconded the MOTION.
The vote was unanimous, 11 / 14/07 MINUTES APPROVED CONDITIONALLY .
Mr. Mann MADE the MOTION to adjourn, Mr. Glasner seconded the MOTION.
Meeting adjourned at 7 : 45 pm .
Respectfully submitted,
Robin Carlisle Peck
Zoning Typist
11 /24/08
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