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HomeMy WebLinkAboutBZA Minutes Nov 30 2015DANBY BOARD OF ZONING APPEALS MINUTES OF HEARING AND MEETING NOVEMBER 30, 2015 FINAL PRESENT: Allen Becker Gary Bortz Sarah Elbert David Hall Joe Schwartz OTHER ATTENDEES: Kelly Cecala: Recording Secretary Paul Hansen: Code Enforcement Officer Public: John and Margie VanDeMark, Sherry and Tom Clements, Dan and Kathy Clements, Dave and Gloria Benson, Rick Hardesty, Ted Merritt and Leslie Connors. BZA Chair, Joe Schwartz, opened the hearing at 6:59 pm. PUBLIC HEARING to consider a request a variance of the minimum 50 ft. side yard setback required in Section 600, paragraph 6a of the town of Danby Zoning Ordinance in order to construct an 20’ X 36’ garage to the west and north of the existing home at 276 Gunderman Road. The garage will be no closer than 30’ from the west property line at 276 Gunderman Road, tax parcel no. 8/-1-33/14; Tom and Sherry Clements, Owners. All persons will be heard either in writing or in person. PUBLIC COMMENT: Schwartz opened the floor for public comment. Tom Clements thanked the board for the meeting and said that after living in his home for ten (10) years, it was now practical to add a nice garage to his property and that the distance of 30 feet from the property line was within reason. John VanDeMark commented that according to the Danby Zoning Ordinance, only ten feet from the property line is required, and said that the 50 feet found in the hearing notice was wrong. Code Enforcement Officer, Paul Hansen, said the code has a general section in the beginning which states "No accessory building whether attached to or detached from the principal building shall occupy required front yard space or be closer than ten feet from side and rear lot lines." Hansen said that in addition, there is another section which discuss the minimum yards (not set backs) and and this is where the 50 requirement is found, he added that the code becomes ambiguous because of the 10 feet versus 50 feet distinction. He said that the Town of Danby is starting to rewrite the code, because the existing writing is incorrect and inconsistent. Hansen commented that a poll should be taken on what exactly the set back should be for the Town of Danby, 10 feet versus 50 feet? Once decided the recommendation will be taken to the Town Board. Schwartz remarked that regardless of how the distance is interpreted, as long as the Clements have their variance, they will be ok and it will be legal. Becker added that a copy of the variance is to be attached to their abstract. Elbert questioned if this would be setting a precedent? Hansen said no, each variance granted is independent of one another. Gary Bortz said that a clearer definition of accessory building needs to be included in the code as well. John VanDeMark said that when he built his house 45 years ago, the Town of Danby stopped him because of his road frontage and asked if anyone on the Board knew how deep the 150 feet of road frontage needed to be. Schwartz said that this is another unclear point in the code, which needs to be clarified. VanDeMark added that we should all allow the Clements to build their garage, and be a family, like the rest of us. Bortz asked Mr. Clements if he spoke to his neighbor, Mr. Chang. Clements said that he got a verbal OK from Mr. Chang and that they are on good terms. Paul Hansen verified this, whom also spoke to Mr. Chang on the phone, who appeared at ease with it. Dan Clements said that he borders two sides of the applicant's property, and saw no issues with it. The hearing was closed at 7:14 pm. VARIANCE DISCUSSION: Schwartz commented that he didn't see any undesirable or adverse changes being made to the neighborhood, and that the only way to resolve this was through a variance. Schwartz said that he was in favor of it. Becker agreed that he didn't see ay problems with it, but wanted to know how wide the road frontage was. Clements said that he thought it was close to 400 feet wide. Bortz asked if it was being called an accessory building, or a garage? Schwartz said a garage and that the 50 foot set back applies; however since the code is ambiguous a variance will cover the home owner once the law is changed and for the future. Elbert remarked that both the Planning Board and Town Board need to know about the inconsistencies found in the Zoning Ordinance so it can be resolved, and added that some of the zoning appeals may not even be necessary. MOTION - Grant Variance Moved by Schwartz, Second by Becker In Favor: Unanimous The motion passed The request for variance was approved. The Board of Zoning Appeals of the Town of Danby approves the variance of the minimum 50 ft. side yard setback required in Section 600, paragraph 6a of the town of Danby Zoning Ordinance in order to construct an 20’ X 36’ garage to the west and north of the existing home at 276 Gunderman Road. The garage will be no closer than 30’ from the west property line at 276 Gunderman Road, tax parcel no. 8/-1-33/14; Tom and Sherry Clements, Owners. ADJOURNMENT The meeting was adjourned at 7:18 pm. ________________________________________ Kelly Cecala, Planning Board & Board of Zoning Appeals Recording Secretary