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HomeMy WebLinkAbout2022-02-22 BZA Agenda Town of Danby Board of Zoning Appeals NOTICE OF MEETING A Special Meeting of the Town of Danby Board of Zoning Appeals (BZA) will be held at 7PM on Tuesday, Feb 22, 2022 via Zoom Zoom link: https:Hzoom.us/j/95382733938 Meeting ID: 953 8273 3938 Dial in: 1-646-876-9923 or 1-312-626-6799 For questions on how to use Zoom or access the meeting,please contact David West,Planner,at 607-592-0417(voice or text)or planner@danby.ny.gov Agenda: 1. Meeting with staff(Town Planner) 2. Call to Order 3. Adopt Minutes (October 2021) 4. New Business • Consider Area Variance VAR-2022-1 1360 Coddington Rd. Millroy Constas Residence Parcel: 6.-1-1.31 Applicant: Mark Constas Anticipated Board action(s) this month: Public Hearing, Review Planning Board Recommendation, Consider amending 1992 variance conditions, Per the State Environmental Quality Review Act (SEQRA), as well as Local Law #2 of 1991, (Providing for Environmental Review in the Town of Danby), the action is considered a Type 2 Action. No further environmental review is required. Per an intermunicipal agreement between Tompkins County and the Town of Danby, the proposed action is exempt from county review under New York State General Municipal Law Section 239. 5. Adjournment This agenda and case information, as well as minutes of recent BZA meetings can be found at danby.ny.zov Page 1 AREA VARIANCE APPEAL TOWN OF DANBY Upon a determination by the Code Enforcement Officer or Zoning Officer that it is not permitted by the Danby Zoning Ordinance,I/We hereby apply to the Zoning Board of Appeals for a variance from the following sections and requirements of the Danby Zoning Ordinance, specifically as follows: Of applicable zoning in 1992 SECTION: 600-100 WHICH REQUIRES: 150' of frontage PROPOSED CHANGE TO: 120' of frontage SECTION: WHICH REQUIRES: PROPOSED CHANGE TO: At the property located in the Town of Danby at: Street Address: 1360 Coddington Rd. Tax Parcel #: 6.-1-3.31 As shown in the accompanying site plan, other attached documents and the statements on the following page regarding the five balancing tests to be examined by the Board of Zoning Appeals. I/We attest that all information submitted with this appeal application is complete and accurate to the best of my knowledge. Also, by filing this application, permission is granted to members of the Board of Zoning Appeals, Planning and Code Enforcement staff, and/or any other persons designated by the Town that may be involved in the review of this application, to enter the property specified above to inspect in connection with the review of this application. Name: Signature: Date: Address: Email: Property Owner Information & Signature (if different from applicant/appellant): Name: Signature: Date: Address: Email: Town of Danby Zoning Variance Form,rev.June 2019 3 Applicant/Appellant Responses to Balancing Tests to be Examined by the Board of Appeals NYS Town Law Section 267-B requires that the Board of Zoning Appeals, when considering granting a variance from the area requirements of the Zoning Ordinance, must weigh or balance the benefit to the applicant against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination the board must consider five criteria. Please explain how the requested variance will relate to these criteria. The blank lines are illustrative only -- use and attach additional page(s) as necessary to fully explain the rationale supporting this appeal. 1. If granted, the requested variance would /would not x produce the following change(s) in the character of the neighborhood or affect nearby properties as follows: Granting the variance would allow construction of a second home on the lot. This is a large lot area but the road has many houses along it already. The existing home and proposed second home are set far back from the street and would have very limited impact on the character of the neighborhood. 2. Describe any feasible alternatives which exist to what is requested: There is no way to further develop this lot without reconsidering the conditions of the existing frontage variance. 3. Describe how the requested area variance is /is not x substantial: The variance to allow a lot with 120'of road frontage where 150'was required is not substantial, especially considering that the only part of the lot under 150'wide is the road,the part of the lot with homes is over 450'wide. Granting the variance would allow development of a second home which is a small impact in a neighborhood where many lots are much smaller.for example the lot to the north is just 1.6 acres and has a home,this lot is almost 10 acres. 4. Describe how the requested change will or will not x have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district: The lot is already in existence,removing the limitation on placing a second home on the existing lot would have very minimal impact. There are other mittigations that could over-ride any small impact of an additional home. 5. This alleged difficulty is the result of: Dificulty that lead to the first variance was the location of parking and shape of surounding lots when the orrigional subdivision was made. Information about limitations on future development pursuant to that variance was not recorded on the plat and was unknown at time of purchase, previous owner failed to put a deed restriction on the property as their previous variance application promised. The the Millroy Constas family purchased they intended to add a retirement home on the large lot and had no way of knowing that a limitation was in place. Town of Danby Zoning Variance Form,rev.June 2019 4 Planning Board application heard December 2021 Development Review Application Project Title: I Ir() S S1 CQ0��- Project Address: Jcod LJyi ✓1Prk �&oo l,',V nd aJ-o Tax Parcel ID: Type of Application: Special Use Permit Type of Development: residential Stage of Review: Sketch re iminary x Final Additional meeting Estimated site improvement/ project cost: $ TA) 0 0 Q (Exclude cost of land acquisition & professional fees) Total number of lots proposed (existing + new): Are new roads or public utilities proposed? no Applicant/Agent Name: HOAY, CG�1 S Title: Address: � +D� NQ ✓l INN ���� Phone: 0 ' Email: M'k 1 ��7�f r �� Consultant Name: Title: Address: Phone: Email: Owner Lessee/ Engineer/Attorney/Other (circle one) Name: qICI II(o ' fi (aA, i�le: Address: kaciuf�n Phone: Ml a5�5" `� Email: -Da'l v` co ALL APPLICATIONS: The information on this application form is submitted in addition to other information, plats, and plans required by the Town of Danby. I attest that all information so submitted is complete and accurate to the best of my knowledge. Also, by filing this application, permission is granted to members of the various Town Boards, Committees, Planning and Code Enforcement staff, and/or any other persons designated by the Town that may be involved in the review of this application,to enter the rty epecified above to inspect in connectio with e r ie f hi pplication. C0C-r2a Dc77-6 26? Ow 'er's signature date Applicant/Agent signature date 1012,61 ZI V :;_;.: Tompkins County Property Viewer Property of: Mark Constas & Wendy Millroy1360 bi * Coddington Rd Danby, NY 3 A �4 ti M1Lt i Location of proposed building: Gravel drive & Existing home Existing septic parking SUP-2021-31360 Coddington Rd., Millroy Constas Residence Parcel: 6.-1-1.31 Applicant: Mark Constas Anticipated Board action(s)this month: Public Hearing, Refer to BZA (an existing variance includes a condition baring adding a second dwelling on this lot) Proposal: Grant special permit for second dwelling on a lot Planner West explained, prior to a quorum, that the applicant has requested a special permit to add a second dwelling, a retirement home, on their approximately 10-acre lot. He said he had shared with the Board a letter from a neighbor, which included concerns about a previous condition placed on the lot by the Board of Zoning Appeals (BZA) in 1992. West explained that when the lot was initially divided, it did not have enough frontage and so had to get a variance from the BZA. At that time, the parent lot had a non- conforming four-plex on it. The BZA felt that, because there were already more dwelling units than allowed, the newly created lot should be capped at one unit. He said that the applicants were not aware of this, and nor was he due to a filing error, but the neighbor remembered the condition. Mr. Constas noted that the four-unit dwelling is no longer there; it is now a single-family home. West said the Town's attorney thought the best way for the application to proceed was for it to be referred to the BZA to rehear the conditions of the variance. The BZA will need advice from the Planning Board on what they think is important with regard to having a second dwelling on the lot, if it were to be allowed. Public Hearing The public hearing was not held at this meeting. Board Discussion Maher asked about the condition for future subdivisions, and West said that the proposed new zoning for the area is 10-acre zoning, so if that passes it would not be subdividable. Maher also asked about the proposed building size and said that limiting size could be good; it is approximately 850 finished sq. ft. on a 2432 footprint. Scriber mentioned screening as a possibility. Bergman said he liked the idea of a setback so another house was not right next to the road or on top of a neighbor's property line, which could make screening harder. Cowan asked about whether the neighbor who had written would be able to see the proposed structure. She supported the idea that screening would be important. The discussion was summarized as size, screening, and setbacks. No one expressed strong thoughts on lead agency for SEQR. MOTION: The Planning Board recommends that the BZA reconsider the variance with requirements for maximum size of additional dwellings, setbacks from surrounding lot lines, and requiring screening. The Planning Board would then support not having a condition that no further buildings could be added to the lot. Moved by Bergman, seconded by Cowan The motion passed. 6 PLANNING BOARD DRAFT MINUTES CARFE.N[`C� ZONING BOARD OF APPEALS TOWN OF DANBY 1830 Danby Road Ithaca, New York 14850 Date: September 14 , 1992 To: Mr . and Mrs . Luke Carpenter 1380 Coddington Road Ithaca , New York 14850 NOTICE OF DECISION At a meeting of this Board, held on September 10 , 1992 your application for: a variance to create a new lot out of tax map #6-1-3 . 3 with only 120 feet of frontage , in addition to the non- conforming use of the existing four-family dwelling on the parcel was )U2LXE=/GRANTED K6XXXK4Xj6jj6)k)JMXj- �x /with the following stipulations : 1 . that the property only have a single family dwellings and that no further subdivisions be made on the 10 acre parcel . It is the Board ' s feeling that this variance is keeping in the spirit of low density areas as described in the Danby Zoning Ordinance. If GRANTED, please apply for a building permit with the Zoning Officer. Edward L. Inm n Chairman, BZA cc; Susan C . Beeners , Code Enforcement Officer Mary Oltz, Town Supervisor r w tOMOKINS �I,I�q,� COUNTY r N OF DAN13Y - TOMVKINS ('-OUN IY 1810 DANBY ROAD DANIIY TOWN YIAIJ, IT11ACA. NEW YORK 14RSO 1110NE: 277-4789 BOARD OF ZONING APPEALS VARIANCE REQUEST # THE FOLLOWING ITEMS ARE REQUIRED TO SEEK A VARIANCE FROM THE BOARD OF ZONING APPEALS OF THE TOWN OF DANBY. PLEASE COMPLETE THE FOLLOWING: NAME V o t �. 0•-Y, -e_w`\ ADDRESSA © -44 i PHONE NUMBERS_ -7 3'g ,r� ORK TAX MAP# U HAVE READY THE FOLLOWING INFORMATION: - SURVEY OF PROPERTY ( IF AVAILABLE) - - LIST OF ALL LANDOWNERS ( INCLUDING VACANT PROPERTY) - SEPTIC PERMIT ( IF APPLICABLE) UP k LIST BELOW ANY ADDITIONAL INFORMATION THAT WOULD HELP THE BOARD OF ZONING APPEALS REACH A DECISION. DATE OF REQUEST—-_- DATE DATE OF PUBLIC HEARING PLEASE RETURN ALL COMPLETED FORMS PLUS ANY OTHER PERTINENT INFORMATION TO THE DANBY CODE ENFORCEMENT OFFICER. UPON RECEIPT OF ALL DATA A PUBLIC HEARING WILL BE SCHEDULED. DECISION RENDERED: SIGNED CHAIRMAN -- -BOARD OF ZONING APPEALS DATE APPEAL to the BOARD OF ZONING APPEALS OF THE TOWN OF DANBY, NEW YORK Having been denied a Permit to _ r`ecte:____ ___ ' , 0�__ r� at --- 11- _�_v G� !' �g► Ed ----- - ----- _—__- Danby, New Y as shown on the accompanying Application, Plans and/or other supporting documents, for the stated reason that the issuance of such Permit would be in violation of Section (s) ____�_ OF THE DANBY ZONING ORDINANCE, the UNDERSIGNED respectfully submits this APPEAL from such denial and,in support of the Ap- peal, affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIPS* a(s'follows: 15-0Oct GvV40-Y boo- G Signed Dated, Danby, N.Y.° The Law provides that: "Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of any such ordinance, the Board of Appeals shall have the power...to vary or modify the application of...such ordinance. ..so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done." r The application of L4A. �-H� V ,19 2 is hereby L(broved and permission ' 6ede£us for the construction, reconstruction or a eration of a build- ing and/or accessory structure as set forth above. Reason for refusal of permit: W o bu;l 6j,'h ,�„-�-- far eav:e' YIA C+O;Vt 61, 0---M � [6 f- .awl d b-� issued. b� e a �ro ose NJt.�n� i e - w axAk have I ZD -k� o-F I;'�f 7, - Sec . (o O'D ©f �aNtn�t d�QtvlG ,n � Iner IYV-IO is-b a .�J"i�c- tea. 2X i s h'►� - w,t I d w l 1 H i 5 n - c -�ov►tit >7 2 -�a r�'i l ►s ►Y7aX. Qe4'rm' kk )1 4%0- rrora-ced YQw lo+-� h� iec(uc,iA �"l� a�u o Parev,t p�r�j usjula( ��s�n-l-rall� ° -�as�, 2.� �c�- �-F'a�r�w„ o ..�,.Q, dwell�� In vio(a'�o� 0f 5�-ej;uI, IDod . 4AY-& r�.�1z 10 � 9j Dated ,19qZ Building official °y)-' FT. CL FT. S . 4 8-2-92 Danby Board of Zoning Appeals Additional Information Regarding Variance Application Luke & Lottie Carpenter 1380 Coddington Road This is some background information regarding our application, as well as some specific reasons relating to the practical difficulty and hardship concepts of our variance request. When we purchased the property in 1983 from Hubert Dorn, he divided off a lot to give to his son, Kevin. The shape of the 1.92 acre lot is triangular with about a 360 frontage. This left a relatively short frontage of our lot to the north of the house. Our 20 room house is a 4 family with 3 one bedroom apartments in one-half and the other half where we live. The house has been multi-family since it was built in 1890. With the proposed division we will have 30 acres remaining. We had some unsolicted interest in purchasing a 10 acre lot, the northeast quarter, a couple years ago. While this never materialized, we realized that it made sense to sell this portion of the property. Partly as we had invested a considerable amount of money in improving the property and needed some additional funds to finish the work, and partly because the land is not suitable for its former agricultural use and there is no longer anyone interested in the hay. The best use of the cleared portion is large-lot residential. We have listed the 10 acres with a realtor and have another interested purchaser. They, and any other purchaser, want a legal building lot. We approached Kevin Dorn about selling trading a corner of his property to created a legal building lot; he declined. Among the improvements we have made is a parking area for tenants. When we purchased the property, tenant parking was a wide shoulder area across the road from the house. The only reasonable location for this was to the north of the house. To obtain the required frontage, now' tO-Jeet but 150 feet under the former -- Zoning Ordinance, we would have to create a lot with a long, narrow section extending into the parking area. There is a drive to the north that follows a hedgerow which divides the yard and parking lot from a Christmas tree planting. We would like to have the property line follow the geographic features and a common sense boundary. It would start a the corner of the drive and follow the hedgerow, turning at the end of the hedgerow to run parallel to the northern property line. There is extra cost and hardship involved with creating the required right-of- ways as well as practical difficulty if the strip is added to the proposed parcel to create the 150 foot frontage allowed under Section 600-6. The proposed Variance is in keeping with the concept of large lots and minimal development in the area. We will have a deed restriction preventing anything beyond a single family dwelling and any additional builings that are allowed under Danby's Zoning Ordinance. 14.16.4(2/81)—Text 12 PROJECT I.D.NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/S NSOR 1 2. PROJECT NAME 3. PROJECT LOCATION: i Municipality kJ c, County P&'L,-} 4. PRECISE LOCATION(Street add 1 /address and road intersections,prominent landmarks, etc.,or provide p)(,I 1390 -I-n'�'i�e S lVo►^t� °'� �CCcF 5. IS PRO SED ACTION: [J New ❑Expansion ❑Modlficationfalteration S. DESCRIBE PROJECT BRIEFLY: #� ) i�%5�mti r��•(�. S b a.c w� �p� e K� ��/- f Ct a,er�e.- �a7� � ram. r e tea-¢.��.��.,_`1 o ` v 3 © ck r e C.b v�"�a ; r� �lU [ tinf��d'� r'+r�e r✓ts D O.C r�2 oms-t r-uCT'frig. T. AMOUNT OF LAND AFFECTED: Initially Y . acres Ultimately y acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ®No If No,describe briefly /` V-'e `�e Iro.N r`c�.r"c� a.S tz O CL(� l MV3 ti-tl+e. Y'e J; /� t? G-1}• �5 �6 vl;til� ram•`-•`� 1'�-C�C K� �4'�.0 re� ti0� 9. WHO IS PRESENT LXND USE IN VICINITY OF PROJECT? ®Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL. STATE OR LOCAL)? ❑Yes P No If yes,list agency(s)and permitlapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? El Yes RNo !f yes,list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? ❑Yes 171 No I CER�(TIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Q Appllcant/sp ``•sor na f U �e £ < \_e a_t_ '2f,.' 'o( Date: Slgnature /•f �/2 jibI by, v It the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 1 \0 o 22 QC (� 1THACA —�TOWN OF DRYD N °1r4. sa y ' 6r� I DANBY I aec ° a., o eci 9.31 ,S / e I / C v ..! fovo r , j •G p'P � 6 2f e .,.a., 5 54.14 AC J'QO I I.2 12 rsa CAL G� 20.7 AC CAL. 4.94 'S 2.04 AC CAL.r 10 ce L� 6 01 o V�CA-7 o IJ ° 27.91 AC.CAL. .I - •'Jrf p• I Y.0 F z Z . C p f� ' OVwrt 1 i �� `� i3f6 "Z53.2 41 3.1 }x ,7 o Q 4 0.16 AC. .'AL c �`o• e j I �•�JI 00 T ,cam, 112 n • 1sp. xzro_ d ar 117 ' G+ +C Is70 s ■x■ 4 22 '- --q-------1 m o . tr c 399 AC L) c�- W f-25 AC. 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