7575 Van Buren Road, Baldwinsville, NY 13027
ZBA May 2007 minutes
The Regular Meeting of the Zoning Board of Appeals of the Town of Van Buren, held at the Town Building, 7575 Van Buren Rd., was called to order at 7:30 p.m.
All present joined in the Pledge of Allegiance to the Flag.
Roll Call: Robert Cleverly present
James Bowes present
Ronald Abold present
John Virginia, Chairman present
Laura McBurney, Vice-Chair present
Also Present: Vera Cavallaro, Secretary
Ted Spencer, Attorney
David Pringle, Code Enforcement Officer
MINUTES
Mr. Bowes asked that 35 be changed to 36 on page 3.
Motion
Mr. Bowes moved to accept the April minutes as amended, seconded by Mr. Abold. There was no further discussion. Motion carried; unanimously
Mr. Virginia opened the continued Public Hearing for Chris Hoy and waived the reading of the Public Notice.
CHRIS HOY - PUBLIC HEARING
7627 New State Route 31 Tax Map Parcel ID# 031-01-02.0 AR-80 Zoning District
Variance from Section 200-45
Mr. Abold recused himself from this discussion.
Mr. Chris Hoy was present to address the Board.
Mr. Virginia asked if Mr. Pringle had visited the property and what his conclusions were.
Mr. Pringle stated that where the Board would like to see the garage is in fact a hardship on the applicant because many large trees would have to be removed for the applicant to place the garage in that location but that the applicant could place the garage in the original location and be able to move the garage closer to the house and that there is a row of trees between the applicant's property and the neighbor's property.
Mr. Virginia asked the applicant how much closer they could put the garage to the house.
Mr. Hoy said that he believes it could be pushed back to where it would be it would be 20 to 25ft from the house instead of 41ft.
The Board had a discussion about putting a condition on the resolution that the applicant would not be able to store anything in the back or to the side of the garage to address the neighbor's concerns.
Mr. Virginia said that he would like the Board members to visit the site before approving or denying the requested variance.
The Board made arrangements with the applicant to see the property.
Mr. Virginia said that the Board will continue the Public Hearing on June 18, 2007 at 7:31p.m.
JOHN RESSIGUIE - PUBLIC HEARING
6642 Canton St. Tax map Parcel Id# 053-01-09 R-40 Zoning District
Variance from Section 200-45
Mr. John Ressiguie was present to address the Board.
Mr. Virginia waived the reading of the Public Hearing notice.
Mr. Ressiguie said that he is pursuing a side yard setback variance in order to build a new home on the lot.
The Board discussed the setback that applicant is asking for.
Mr. Virginia asked if anyone wanted to speak for this matter.
Mr. Virginia asked if anyone wanted to speak against this matter.
No one spoke for or against.
Mr. Virginia closed the Public Hearing.
Ms. McBurney proposed the following resolution # Z-07-06
John Ressiguie of 24 Buccaneer Bend seeks an area variance from Section 200-45 of the Town of Van Buren Code related to side yard setback requirements for a proposed house. The property is located in an R-40 District and is identified as Tax Map Parcel 053-01-09.0. Applicant proposes to construct a house on the parcel which is currently unimproved. The Zoning Code requires a minimum of 20 feet for each side yard setback and a total of 50 feet in an R-40 District. Mr. Ressiguie's proposal provides for a 25 feet setback on the south side of his house.
Mr. Ressiguie spoke in favor of the application. He described the plan and the circumstances under which the house is to be constructed.
In support of this application, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners and a survey map prepared by R.J. Lighten, dated September, 2001 showing the property.
Based on the foregoing, the Board resolves as follows:
1. This matter is Type II under SEQR as it involves an individual setback variance related to a single family residential use.
2. It is determined the requested variance will not produce any undesirable change in the character of the neighborhood and will not be a detriment to nearby properties. The proposed house will be located 25 feet from the south property line. Due to the lot's topography and other physical limitations, there was no feasible method to pursue other than the area variance so that the improvements are located consistent with the site. The proposed variance will not have an adverse affect or impact on the physical environmental conditions in the neighborhood or district. Neighbors express no objection to the variance. The benefit to the applicant outweighs any detriment to the neighborhood or community as a result of granting the variance.
A variance is granted to allow for the location of a home with a south side yard setback of 25 feet and a total side yard setback of 45 feet. Mr. Abold seconded the resolution. There was no further discussion. Resolution carried on a roll call vote that follows:
Roll Call Vote:
Aye Nay Other
John Virginia *
Robert Cleverly *
Laura McBurney *
Ronald Abold *
James Bowes *
CHRISTINE TOWNSEND
117 Daywood Dr. Tax Map Parcel ID# 31.2-10-03 R-10 Zoning District
Variance from Section 200-45 front yard setback
Ms. Christine Townsend was present to address the Board.
Mr. Virginia waived the reading of the Public Hearing notice.
Ms. Townsend said that the porch is deteriorated so bad that it is nonexistent and she would like to put a deck on.
Mr. Virginia said that the applicant is asking for a front yard setback of 25ft and that the applicant is asking for a deck not a porch.
Mr. Virginia asked if the deck was going to have a roof on it.
Ms. Townsend said no.
Mr. Bowes asked if the deck is 24ft across the house.
Ms. Townsend said yes and the stairs will be going towards the driveway.
Mr. Bowes asked if it was going to be covering up part of the driveway.
Ms. Townsend said that it would not.
Mr. Virginia said that the Board is going to put a condition in the resolution that the deck can not be enclosed.
Mr. Virginia asked if anyone wanted to speak for this matter.
Mr. Virginia asked if anyone wanted to speak against this matter.
Mr. Virginia closed the Public Hearing.
Mr. Virginia proposed the following Resolution # Z-07-07:
Christine Townsend of 117 Daywood Drive seeks an area variance from Section 200-45 of the Town of Van Buren Code related to the setback requirements for a proposed front deck. The property is located in an R-10 District and is identified as Tax Map Parcel 031.2-10-03. Applicant proposes to construct a deck to replace existing front steps. The Zoning Code requires a minimum of 30 feet for the front yard setback in an R-10 District. Ms. Townsend's proposal provides front yard setback of 25 feet.
Ms. Townsend spoke in favor of the application. She described the plan and the circumstances under which the deck is to be constructed.
In support of this application, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners and a survey map showing the location of the proposed deck.
Based on the foregoing, the Board resolves as follows:
3. This matter is Type II under SEQR as it involves an individual setback variance related to a single family residential use.
4. It is determined the requested variance will not produce any undesirable change in the character of the neighborhood and will not be a detriment to nearby properties. The proposed deck will be located 25 feet from the front yard line. Due to the lot's topography, size, existing improvements and other physical limitations, there was no feasible method to pursue other than the area variance so that the improvements are located consistent with the site. The proposed variance will not have an adverse affect or impact on the physical environmental conditions in the neighborhood or district. Neighbors express no objection to the variance. The benefit to the applicant outweighs any detriment to the neighborhood or community as a result of granting the variance.
5. This variance is for an open deck.
6. A variance is granted to allow for the location of a deck with a front yard setback of 25 feet. Mrs. McBurney seconded the resolution. There was no further discussion, Resolution carried on a roll call vote that follows:
Roll Call Vote:
Aye Nay Other
John Virginia *
Robert Cleverly *
Laura McBurney *
Ronald Abold *
James Bowes *
Mr. Virginia told Mr. Spencer the status of the Hoy application and that Board members would be visiting the site separately on two separate occasions.
ADJOURNMENT
Mrs. McBurney made a motion to close the May Meeting, seconded by Mr. Bowes; motion carried, unanimously. The meeting adjourned at 7:57 p.m.
Respectfully submitted,
Vera Cavallaro
Zoning Secretary
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