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HomeMy WebLinkAbout2017-10-18-BZA-FINALTOWN OF ULYSSES BOARD OF ZONING APPEALS FINAL MINUTES Wednesday, October 18, 2017 Approved: November 15, 2017 Present: Board members David Means, Steve Morreale, and Cheryl Thompson; Environmental Planner Darby Kiley. Andy Hillman and Bob Howarth were both excused. Public in Attendance: Mike and Tara Masters. Call to order: 7:02 p.m. Privilege of the Floor: No one addressed the Board at this time. Mr. Means MADE the MOTION to name Mr. Morreale to serve as Board Chair for the duration of the meeting, and Ms. Thompson SECONDED the MOTION. The motion was unanimously carried, 3-0. Public Hearing: Appeal by Michael and Tara Masters for area variances under Section 212- 29E Lot Area and Yard Requirements for the A1-Agricultural District of the Town of Ulysses Zoning Law. This is for the purpose of constructing a garage with a footprint of 30 feet by 40 feet. The garage would be located 10 +/- feet from the road right of way, where 60 feet is the required front yard setback for an accessory building. The property is located at 6305 Lyke Rd, Town of Ulysses, Tax Parcel Number is 22.-5-5.2. Mr. Masters provided a brief overview of the project, noting that the proposed location is the best option. The southward neighborhood’s property line prevents construction there; a basketball court is located to the north side of the house, and the applicants do not want to construct the garage directly in front of the house. For convenience and aesthetics, they want to site the garage near the existing driveway and close to the house, without cutting down any trees. Mr. Means asked about the possibility of siting the garage parallel to the house. Ms. Masters said that would not be a good idea and would impact the neighborhood character. The combination of the house and garage would give the property a “strip mall” feel, added Mr. Masters, whereas the location as proposed is more quaint and visually ties in to the property. This encroachment on the right-of-way is extreme and out of character with the neighborhood, Mr. Morreale said. Would you consider encroaching on the basketball court? he asked. Mr. Masters was not in favor of the idea. Ms. Masters said the home is the family’s “lifetime home”. If the garage is set too far back, the driveway would have to be rerouted and concrete added; it cannot go behind the house because the septic system and heat sources are located there. As proposed, it is aesthetically pleasing and will resemble the house visually, and the house is already not in character with the neighborhood, which is mostly ranch homes, Mr. Masters said. Board of Zoning Appeals October 18, 2017 2 Ms. Kiley said the Town received one written correspondence from the Benhams, neighbors who wrote that they had no objections to the proposal. BZA members and the applicant discussed ways in which to orient and/or alter the building so as to lengthen the distance from the right of way. Mr. Masters said he plans to have a shop in the two-vehicle garage, and any alterations in size would limit his ability to work on vehicles. Explaining why the right-of-way encroachment was a problem, both Mr. Morreale and Ms. Thompson cited closeness to the road and outlined the Town’s charge to preserve open space and the agricultural character of the neighborhood. Plus, there is the matter of precedence. After more discussion between the BZA and applicants, the applicants offered to alter their plans and orient the building in a way that would site it 20 feet from the right of way and be no bigger than 40 feet in either direction. The drafted resolution was updated to reflect these changes. Ms. Thompson MADE the MOTION to approve the resolution for the variance, and Mr. Means SECONDED the MOTION as follows: The BZA reviewed the record and weighed the benefits to the Applicants against the detriment to the health, safety and welfare of the neighborhood if the variance is granted by considering the five statutory factors. The benefit sought by the applicants is to construct a garage between the house and the road. The garage would be 20 +/- feet from the road right of way where 60 feet is the required setback and the size of the garage would be no larger than 40 feet in either direction: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variances. The garage is not likely to produce an undesirable change in the character of the neighborhood nor be a detriment to nearby properties. There are no neighbors directly across the street, and the garage would be blocked by the existing house for the neighbors to the south. However, it is closer to the road than most other buildings on that road. 2. Whether the benefit sought by the applicant can be achieved by some other method, feasible for the applicant to pursue, other than an area variance. Because of the layout of the property, this location is preferred. A side yard setback variance would be needed if the garage were built to the south. A deck limits construction to the north. Locating the garage behind the house would increase the driveway length, could encroach on the septic system and would require cutting down trees. 3. Whether the requested area variances are substantial. The area variance of 20 feet instead of 60 feet is substantial. Board of Zoning Appeals October 18, 2017 3 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. It is not likely that the variance will have an adverse impact on the physical or environmental conditions of the neighborhood. The building location is relatively flat and there are no waterways in the vicinity. 5. Whether the alleged difficulty was self-created. The difficulty is self-created because the applicant is proposing to build a garage in that location. 6. Considering all of the statutory factors set forth above, the Board of Zoning Appeals concludes as follows, the garage will impact the character of the neighborhood, will not have a negative impact on the physical or environmental conditions, and the proposed location is the most feasible to accomplish the goal of the project. The proposed variance is substantial; the difficulty is self-created, however the benefits to the applicant outweigh the detriment to the health, safety and welfare of the neighborhood. For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby grants the area variance requested by the applicant to construct a garage 20 feet from the road right of way so long as the garage is no larger than 40 feet in either direction. The vote was as follows: Mr. Morreale AYE Mr. Means AYE Ms. Thompson AYE Result: Variance granted Meeting Minutes Review (9/20/2017) Mr. Means MADE the MOTION to accept the September 20, 2017 meeting minutes, and Ms. Thompson SECONDED the MOTION. The motion was unanimously carried, 3-0. The BZA and Ms. Kiley briefly discussed the statutory factor of self-created difficulty, with Ms. Thompson asking if there are any situations when the difficulty is not self-created. Citing legal documents, Ms. Kiley said there are instances, like if a variance request is needed to correct an error made by a building contractor. Ms. Thompson MADE the MOTION to adjourn the meeting, and Mr. Means SECONDED the MOTION. The motion was unanimously carried. Meeting adjourned at 8:29 p.m. Respectfully submitted by Louis A. DiPietro II on October 18, 2017.