Van Buren, NY - June 2007 ZBA Meeting

June 2007 ZBA Meeting


	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 MINUTES Mr. Bowes corrected a typo made under the Minutes section. Motion Mr. Abold moved to accept the May minutes as amended, seconded by Ms. McBurney. There was no further discussion. Motion carried; unanimously CHRIS HOY - PUBLIC HEARING CONTINUED 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 said that last month he asked the Board to go out and look at the property and went through a checklist with the Board to determine if any Board members had any questions or objections to the variance. Mr. Virginia said that the applicant is turning the garage so that it faces Route 31 and the garage will also have windows one on each side and two windows in the back and he personally thinks that the lay out is much better and it will put the applicant roughly 217ft off of the highway boundary and also that the garage will approximately be 11ft in front of the porch. Mr. Virginia asked if anyone wished to speak for or against this matter. Mr. Lillquist asked how far the garage would be from the property line. Mr. Virginia said that it would be 34ft from the property line. Mr. Virginia asked if anyone else wished to speak. Mr. Virginia closed the public hearing at 7:39p.m. The Board went over the dimensions with the applicant. Mr. Virginia proposed the following Resolution: #Z-07-10 Christopher A. Hoy of 7627 New State Route 31 seeks an area variance from Sections 200-45 of the Town of Van Buren Code related to the location of the proposed garage. The property is located in an AR-80 District and is identified as Tax Map Parcel 032-01-02.0. Mr. Hoy spoke in favor of the applicant and described the garage which is 24 feet by 36 feet. The proposed garage is to be located in front of the house approximately 216 feet from the road's right of way line and approximately 34 feet from the south side yard line. The front yard setback variance is required because the garage is to be located in front of the house by approximately 11 feet to the back of the garage. Mr. Hoy explained in detail to the Board the physical limitations of his property based on topography and existing improvements. There was no objection to the proposal at the ZBA's continued Public Hearing, which was completed on June 18, 2007 pursuant to public notice. In support of the application, applicant submitted an Application for Variance, Agricultural Data Statement, and Notice to Surrounding Property Owners, location sketch, and survey showing location of the house on the property and amended at the ZBA June meeting. Based on the foregoing, the Board resolves as follows: 1. The 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 property owners. The proposed variance will not have an adverse effect or impact on the physical environmental conditions in the neighborhood or district. Neighbors expressed no objection to the variance. There is no other apparent method to achieve the benefit applicant wished to obtain other than a variance and the benefit to the applicant outweighs and detriment to the neighborhood or community as a result of granting the variance. 3. A variance is granted to allow for the location of the garage measuring 24 feet long and 36 feet in width in front of the existing structure by 11 feet to the back of the garage in accordance with the map contained in Mr. Hoy's packet. Any additional structures shall require additional review and approvals. Ms. McBurney seconded the resolution. There was no further discussion. Resolution passed on a roll call vote that follows: Roll Call Vote: Aye Nay Other John Virginia * Robert Cleverly * Laura McBurney * Ronald Abold * James Bowes * Vote: 4 Aye, 0 Nay, 1 Other Mr. Virginia told the applicant that they would need to get a permit for the garage through the codes office. ADJOURNMENT Mrs. McBurney made a motion to close the June Meeting, seconded by Mr. Abold; motion carried, unanimously. The meeting adjourned at 7:53 p.m. Respectfully submitted, Vera Cavallaro Zoning Secretary