Van Buren, NY - May 2008 ZBA minutes

May 2008 ZBA 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 absent Joseph Kiselica present John Virginia, Chairman present Laura McBurney, Vice-Chair present Also Present: Vera Cavallaro, Secretary Ted Spencer, Attorney MINUTES Minutes were approved as written. Motion Mr. Cleverly moved to accept the April minutes as written, seconded by Ms. McBurney. There was no further discussion. Motion carried; unanimously Mr. Virginia said that the Verizon and Action Printwear applications are going to be continued at the June 16th meeting at 7:30pm. Mr. Virginia waived the reading of the public notice. DONALD BETZ JR 7672 Seneca Beach Dr Tax Map Parcel Id# 030-03-08 R-10 Zoning District Mr. Donald Betz was present to address the Board. Mr. Betz said he would like to add a 10' by 20' enclosed porch on the front on the house. The Board went through the area variance findings and found no adverse impacts. Mr. Virginia asked if there was anyone that wished to speak either for or against this matter. No one spoke. Mr. Virginia closed the public hearing at 7:42pm. Ms. McBurney proposed the following resolution: Donald W. Betz of 7672 Seneca Beach Drive, Baldwinsville, NY 13027 seeks an area variance from Section 200 45 of the Town of Van Buren Code related to the location of a proposed porch addition. The property is located in an R-10 District and is identified as Tax Map parcel 030-03-08. The front yard for this parcel is established by the Seneca River. Mr. Betz spoke in favor of the application and described the proposed construction of a new porch at the site. The proposed porch would be located approximately 22 feet from the front yard line. The front yard setback variance is required because the proposed porch is located closer than the 30 feet minimum required by the Code. Mr. Betz explained in detail to the Board the physical limitations of the property based on topography and existing improvements which include a one story frame house. There was no objection to the proposal at ZBA's public hearing, which was held on April 21, 2008 and May 19, 2008 pursuant to public notice. In support of the application, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners, location sketch and survey showing the location of the property and existing improvements. 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 variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Neighbors express no objection to the variance. Given the size of the lot and the principal structure location, there is no other apparent method to achieve the benefit applicant wishes to obtain other than a variance and the benefit to applicant outweighs any detriment to the neighborhood or community as a result of granting the variance. 3. A variance is granted to allow the construction of an enclosed porch measuring approximately 10' by 20', located 22 feet from the front line of the property. Any additional structures or modifications to existing structures shall require additional review and approvals. Mr. Kiselica seconded the resolution. There was no further discussion. Motion carried on a roll call vote that follows: Roll Call Vote: Aye Nay Other John Virginia X ___ _____ Robert Cleverley X ___ _____ Laura McBurney X ___ _____ Joseph Kiselica X ___ _____ James Bowes ___ ___ X ADJOURNMENT Ms. McBurney made a motion to close the May Meeting, seconded by Mr. Virginia; motion carried, unanimously. The meeting adjourned at 7:54 p.m. Respectfully submitted, Vera Cavallaro Zoning Secretary