z2021-09_denial

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TOWN OF CAROGA — OFFICE OF CODE ENFORCEMENT

MUNICIPAL OFFICE BUILDING, 1840 STATE HIGHWAY 10, P.O. BOX 328, CAROGA, NY 12032

Telephone: (518) 835-4211 Ext. 102 or 104 Fax: (518) 835-2709 Email: codes@caroga.town
DENIAL NOTICE

Date: October 11, 2021

To: Town of Caroga: Zoning Board of Appeals

Subject: Burton, Timothy

County Highway 111

Caroga Lake, NY 12032

Mailing Address: Burton, Timothy

120 County Highway 107

Johnstown, NY 12095

SBL#: 68.-1-3.2

Zoned: Hamlet

APA Zone: Hamlet

The property owner proposes to build a 432 square foot Hunting and Fishing Cabin.

Hunting and Fishing Cabin

A cabin, camp or lean-to or other similar structure designed and used only for occasional occupancy and primarily for hunting or fishing that:

Is a one-story structure but may include a sleeping loft;
Is built on posts or piers and does not have a permanent foundation;
Is served by a sanitary pit privy or chemical toilet and does not have a conventional, onsite wastewater treatment system;
Does not have pressurized or indoor plumbing (this prohibition does not preclude a kitchen sink with appropriate grey water leach pit); and
Is not connected to any public utilities (such as electric, phone, cable, water or sewer systems).

Zoning Board consideration involves the following section of the local zoning ordinance:

Article 4, Subsection III: Use Table; Hunting and Fishing Cabin is not a Right in the Hamlet Zone.

Therefore;

Article 4, Subsection II, Paragraph D. Prohibited Use/Structure. Any use or structure which is not an allowed by right, by Site Plan Approval, or by Special Use Permit, in a given zoning district or which is not an accessory use or structure shall be prohibited use in that zoning district. Any applicant wishing to undertake any such prohibited use shall always have the right to either:

Seek a use variance.
Seek authorization from the Town Board through appropriate amendment of the Zoning Ordinance, which the Town Board shall review with consideration for the economic opportunities, health, safety and general welfare of the residents of the Town.

If a variance is granted by the Zoning Board of Appeals, and placement of this Structure is within 500 feet of County Highway 111 a 239-m referral will be sent to the County. Lastly, the Code Enforcement Office will make final recommendations regarding the issuance of a building permit.

Sincerely,

Jennifer DeRocker-Blowers

Town of Caroga Code Enforcement