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HomeMy WebLinkAbout2010-07-21-BZA TOWN OF ULYSSES BOARD OF ZONING APPEALS 07/21 /10 APPROVED 08/25/10 PRESENT : Chairman George Tselekis, BZA Members Barbara Bristow, Dick Coogan, Carl Mann, Code Enforcement Officer Alex Rachun, Zoning Typist Robin Carlisle Peck Excused : Andy Glasner Applicants : Ted Murray Public : Nora Donovan, Tom Schlee Chairman George Tselekis called the meeting and a duly advertised public hearing to order at 7 : 30 pm. He stated they are reviewing an application from Ted Murray for subdividing a 45 . 56 acre lot, parcel 34 . - 1 -38 . 2 , in which one resulting lot will not meet the required 400 feet of frontage, (231 feet) , nor the two acres, ( 1 . 77 acres) , required in the Agricultural 1 District. Subdivision was denied under Article 5 . 7 of the Town of Ulysses Zoning Law in which a legal conforming lot requires 400 feet of frontage and a minimum lot area of two acres . He asked the applicant to describe his application. Mr. Murray stated the property is located at 3112 Jacksonville Road, it is part of his Father' s estate. They would like to sell his house with the lot. The want to move the property line so there is 50 feet offset of the barn then the barn would become part of his property. The property is currently zoned as Agricultural and Residential there is a line that splits the property the house is located in the Agricultural piece . This area requires 400 feet of frontage and a minimum of 200, there would not be 400 even if the barn stayed on the lot. The houses along Jacksonville are all zoned Residential and average 170 to 175 of frontage. His proposal would be to have the lot the house on be 231 feet of frontage . Mr. Tselekis reviewed the maps presented, he asked how much frontage the property currently has . Mr. Murray stated the frontage is 298 and 45+ acres . The property lines would maintain all of the other setbacks required. Mr. Tselekis clarified he owns the property that runs behind this lot . He acknowledged this and stated the barn and acreage would be added to his lot. Mr. Murray confirmed this was correct. Mr. Tselekis stated the existing lot would be 176 thus it appeared the frontage would be divided a little more evenly. Mr. Murray stated that would be correct and he noted that the 176 feet of frontage would be reflective of the other lots in the neighborhood. Paul Tater has a much larger lot however his is the exception. Mr. Tselekis asked why he was not using more of the acreage to make the lot the full two acres . Mr. Murray stated he used the back of the garden area which seemed to be a logical lot line. Mr. Tselekis asked if the public had any comments . Ms Nora Donovan stated she resides in this area and wondered what they would be using this property for. Specifically, would there be development on this lot. Mr. Murray stated he would be maintaining the lot as it currently is . He would use it or trails, hunting as he has been. Mr. Tom Schlee stated this plan is common this neighborhood and he feels this application would make sense for the character of this neighborhood. Mr. Rachun stated the houses south of the Murray estate were issued permits by him. They were all issued as one acre lots . Mr. Mann asked if they had received any correspondence on this application. Ms . Carlisle Peck stated they had not. Mr. Tselekis stated they would be taken frontage from one lot and adding it to another. They do have the option of taking additional acreage however the applicant was not. He asked how the members felt about this issue. Mr. Coogan asked if he needed to make the lot 2 acres how would this impact the subdivision. Mr. Murray replied he had used the natural hedge of the garden, blackberry and raspberry bushes as the lot line . It seemed to be a logical divider, however in addition if he does have to maintain the 2 acres it would be next to his home . Mr. Tselekis asked if there were any other comments . None were offered, he asked if the Board members would like to make a motion. Mr. Mann made the MOTION, seconded by Ms . Bristow Whereas, there will no undesirable change to the character of the neighborhood, and Whereas, there is no detriment to nearby property resulting from the requested variance, and Whereas, the benefits sought by the applicant cannot be achieved by a feasible alternative method other than an area variance as has been noted in discussion, and Whereas, the variation is not substantial and 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 to subdivide the property to Ted Murray, 3112 Jacksonville Road, Trumansburg, NY Town of Ulysses, Tax Parcel 34- 1 -38. 2. Chairman Tselekis called the vote : Ms. Bristow Aye Mr. Coogan Aye Mr. Mann Aye Mr. Tselekis Aye The vote was unanimous . Variance was APPROVED Mr. Tselekis informed the applicant the motion was approved. Mr. Rachun advised the applicant to contact him as soon as possible. Ms Carlisle Peck stated they have minutes to approve from 02/ 10/ 10 . S >r , Y Mr. Tselekis reviewed the minutes and informed the members of the business conducted that day he asked if there was a motion on the minutes . Mr. Coogan made the MOTION, seconded by Ms . Bristow to approve the minutes of 02/ 10/ 10 . Motion passed, MINUTES approved. Mr. Mann made the MOTION to adjourn, seconded by Mr. Coogan, all in favor. The III meeting was adjourned at 7 :45pm Respectfully submitted, Robin Carlisle Peck Secretary I I