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HomeMy WebLinkAboutBZA Minutes - June 27, 2017 Page 1 DANBY BOARD OF ZONING APPEALS MINUTES OF PUBLIC HEARING JUNE 27, 2017 FINAL PRESENT: Lew Billington Toby Dean David Hall Gary Bortz ABSENT: Earl Hicks OTHER ATTENDEES: Code Enforcement Paul Hansen Recording Secretary Kelly Cecala Public Jeremy Holmes and Sarah Post BZA Chairman Gary Bortz opened the meeting at 7:02 pm PUBLIC HEARING to consider a request for an area variance in order to extend a garage. The lot is a preexisting nonconforming lot. The existing garage is 12.2 feet from the property line, and the addition to the garage would maintain the 12.2 foot set back from the property line, but extend the nonconforming setback. The variance is from Section 505 of the Town of Danby Zoning Ordinance, which states that a “building already constructed on such lot may be altered or enlarged provided that the proposed alteration or enlargement otherwise complies with the term s of this Ordinance at the time of such alteration or enlargement.” The variance would also be from Section 600, paragraph 6a which requires a side yard width of 50 feet. This variance is for tax parcel no. 7.-1-51, at 23 East Miller Road, owned by Jeremy Holmes. Acting Chairman Hall opened the Public Hearing at 7:03 pm PUBLIC COMMENT: Holmes stated that he has lived in the home for four (4) years and is a full time artist. Holmes said that he has outgrown his current space and that the additional 40x24 space will allow him to stay in Danby and grow his home occupation as an artist. Holmes commented that the extension would include gas heating and running water. Holmes added that the home on the property was built in 1955 and was a neglected rental house. He said that his intentions are to make improvements to the home as well after building the garage extension. Holmes stated that he also thought that the extension would give some additional privacy between the neighbors to the west. Bortz asked if approving the variance would make the lot conforming. Hansen said no, that it would remain a nonconforming lot and any additional changes would still need a varian ce and BZA approval. Hall asked if the applicant had talked with his neighbors. Homes said that he spoke to the neighbors to the west and they are fine with it. The Public Hearing was closed at 7:15 pm Page 2 OPEN DISCUSSION & DELIBERATION: Dean commented that a lot which is only 109 feet across has no other place to expand and it is most logical. Billington remarked about Section 505 of the preexisting lot conditions. The board members had a lengthy discussion regarding the five (5) criteria that must be proven to grant the variance. All members were in agreement that the addition would not create an undesirable change to the neighborhood or a detriment to nearby proprieties and commented that it may actually improve privacy between neighbors. The board discussed whether or not there were any other feasible options to achieve the desired outcome and the members agreed that this extension was the only one that made logical sense. In regards to whether or not the addition was “substantial” – Bortz said that yes it is but that he was still in favor of it. Dean commented that the nature of an artist’s home occupation does not involve a lot of traffic, Bortz concluded that the proposed variance would not have any adverse effects or impacts to the physical or environmental conditions in the neighborhood or district. Lastly the board discussed whether or not the alleged difficulty was self-created. Bortz commented that he did believe that the issue was self-created but that it could not be avoided based on the nonconformity of the lot. MOTION TO GRANT VARIANCE The Board of Zoning Appeals of the Town of Danby grants the variance on Tax Parcel 7.-1-51 as requested. Moved By Hall, Second By Dean In Favor: Unanimous The motion passed ADDITIONAL DISCUSSION: Bortz asked Hansen for an update on having a check box added to the actual application which would provide the BZA members the approval to gain access to the property. Hansen said that he would request Randall to add it to the application found on the website. Bortz said that some of the properties are difficult to access and said that it would be helpful to have the applicant’s sign off in advance. Hansen suggested going to the applicant’s door and knocking on it and asking for permission to walk the property. Billington said that he normally calls the applicant first. Hansen said that calling first would be a good idea for everyone to do moving forward. Bortz reminded everyone to “reply all” to emails pertaining to town business and setting meeting times. Bortz also commented that the town email server was very difficult to use. Hansen suggested going to the Town Board to request a change and commented that many people find digitaltowpath difficult to use. Bortz said that he would draft something up and Hansen said that he would present it to the Town Board. Cecala added that many of the Planning Board members also have difficulty getting town emails and said that all use both their personal and town email addresses. Bortz requested that the BZA members also use both town and personal email addresses moving forward. Bortz commented that summer training was now available and asked each member to check on their personal requirements with C.J. Randall to ensure that they all meet their 4 hour annual requirement. ADJOURNMENT The meeting was adjourned at 7:40 pm. ______________________________________________________________ Kelly Cecala, Planning Board & Board of Zoning Appeals Recording Secretary