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Home My WebLink AboutZBA Minutes 2013-05-20TOWN OF ITHACAZONING BOARD OF APPEALS Meeting Minutes Monday May 20, 2013 Present: Kirk Sigel, Chair, Bill King, Rob Rosen Absent: John DeRosa Alternates: Christine Decker and Chris Jung Staff: Bruce Bates, Director Code Enforcement, Susan Brock, Attorney for the Town and Lori Kofoid, Deputy Town Clerk. Meeting was called to order 7:04pm Aaaeal of Donn Carroll, owner, requesting an interpretation of Code Chapter 270, Sec. 205 regarding whether increasing the mass of a building to create habitable space increases the nonconformity of a legally existing nonconforming structure. If interpreted affirmatively, he is requesting a variance from section 270-60 A and C to be able to enclose an existing porch to create habitable space on said legally existing nonconforming structure, located at 655 Five Mile Dr, Tax Parcel No. 31.-2-24, Low Density Residential Zone (LDR). Donn Carroll, owner/applicant and Ernie Bayles, Architect were present to answer questions and present the submission to the board. Mr. Carroll pointed out that he had found a mistake in the measurement of the surveyed area of his property and it is already a legally existing non-conforming lot. Mr. Carroll had also submitted information on May 1, 2013 about whether he would need a variance to change this property from a one family to a two family home. This information was not included in the hearing notice; therefore it will require a separate hearing and hearing notice for a Special Approval. His application will be heard at the June 17, 2013 meeting of the Zoning Board of Appeals. Mr. Bates stated that Mr. Carroll could submit a building permit application prior to the June meeting but that it would need to be for a single family home. It could then be amended to a two family home after the hearing in June should the special approval be granted. Mr. Sigel explained that the board would be able to request of the Town Board that they change the law so that it is clear about what the preference is for expansion vs alteration of a legally existing non-conforming structure. ZBA 5.20.13 Meeting Minutes ZBA Resolution No. 2013-012. Interpretation 655 Five Mile Dr. TP# 31.-2-24 May 20. 2013 MOTION made by Kirk Sigel, seconded by RESOLVED, that this board finds that a variance is required for the applicant's request to increase the nonconformity of a legally existing non-conforming structure. Vote Ayes: Sigel, Krantz, King, Rosen and Decker Nays: None Motion passed unanimously. Public Hearing on the variance request was opened at 7:26 pm and closed without public comment. Ms. Brock stated that this appeal is not subject to SEQR Type II. ZBA Resolution No. 2013-013. Area Variance 655 Five Mile Dr. TP# 31.-2-24 May 20, 2013 MOTION made by Kirk Sigel, seconded by Rob Rosen RESOLVED, that this board grants the appeal of Donn Carroll, owner, requesting a variance from section 270-60 A and C to be able to enclose an existing porch to create habitable space on said legally existing nonconforming structure, located at 655 Five Mile Dr, Tax Parcel No. 31.-2-24, Low Density Residential Zone (LDR), with the following: Conditions 1. That the structure go no further into the required setbacks than what the existing structure does; and 2. That the alteration be done substantially as indicated on the plans submitted by the applicant with the understanding that the applicant may temporarily or permanently modify the plan to indicate a single family home and then at a later time, change the plans to be a two family home; With the following 2 ZBA 5.20.13 Meeting Minutes Findings: That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically that the benefit that the applicant wishes to achieve cannot be achieved by any other means feasible given the applicants desire to enclose a porch in a home which already sits on a foundation and has a roof over it, it would appear to be no other way to achieve such a goal without a request for a variance; and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given again that this is enclosing of a porch in a home that already has an existing foundation and a roof; and 3. That the request is not substantial given that there will be no further encroachment into the yard setbacks; and 4. The request will not have adverse physical or environmental effects; and 5. That while the alleged difficulty is self-created by the applicants desire to do this alteration, that again, the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community. Vote Ayes: Sigel, Krantz, King, Rosen and Decker Nays: None Motion passed unanimously. ZBA Resolution No. 2013-2014. Request to Town Board Town of Ithaca Code Section 27-205A May 20. 2013 MOTION made by Kirk Sigel, that this board request that the Town Board review Section 27-205A as it relates to tonight's case and either clarify that the way that this board interprets that section is what they intend and try and make the language clearer for applicants that would be required, or if this boards interpretation is not the town boards desire to again, modify the language to make it clear that it should be interpreted the other way. Seconded by Bill King Vote Ayes: Sigel, Krantz, King, Rosen and Decker Nays: None ZBA Meeting Minutes Motion passed unanimously. Other business: The board was presented a letter from Laurene Gilbert of 656 Five Mile Dr, regarding a variance request that will be heard on July 15, 2013 by this board. It involves the 662 Five Mile Dr appeal where the applicant is requesting a Code Interpretation and Variance for keeping domestic animals free-roaming. This letter will be provided to the board and public in the next month's packet of information. The meeting was adjourned at 7:34pm Sub �tted by: , . Lori K oid, Deputy n C rk / Approved by: lv� Kirk Sigel, Chair 4 AFFIDAVIT OF SERVICE BY MAIL looxh� ,,TATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) 1, Lori Kofoid, being duly sworn, deposes and says, that deponent is not a party to the actions, is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca, New York. That on the 8th day of May 2013, deponent served the within Notice upon the property owners of the following Tax Parcel Numbers: 655 Five Mile Dr,Code Interpretation & Area Variance Donn Carroll Catholic Cemetery Assoc City of Ithaca 651 Five Mile Dr H 3 N Geneva St 108 E Green St Ithaca,NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Denmark Development Inc Laurene Gilbert Ithaca City School Dist 407 Wyckoff Ave 656 Five Mile Dr 400 Lake St Ithaca, NY 14850 Getzville, NY 14068 Ithaca, NY 14850 Melanie Claire Mallison Pennsylvania Lines LLC People of New York State 658 Five Mile Dr 110 Franklin Rd SE Finger Lakes Park 11001k,haca, NY 14850 Roanoke, VA 24042 Trumansburg, NY 14886 People of New York State Edward & Brigid Shipman Tammy Snyder Agency Bldg#1 681 Five Mile Dr 662 Five Mile Dr Empire State Plaza Ithaca, NY 14850 Ithaca, NY 14850 Albany, NY 12238 Stacy Wright 6045 Stillwell Rd Trumansburg, NY 14886 By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the United Stites Post Office Department within the State of New York. Lori Kofoid, Deputy TownCler� Town of Ithaca °` Sworn to before me this 8"' day of May 2013. i4otary Public Debra De'kugls ine Notary Public-State of New York No.0 1 DE6148035 Qualified in Tbrnpl(ins County My commission Expires June 19,20 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Lori Kofoid, being duly sworn, say that I am the Deputy Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: O ADVERTISEMENT 7JNOTICE OF PUBLIC HEARINGS i W. � T f I i�� ' C 1101, IC AY, MAY 1,9, 1013 Location of Sign Board Used for Posting: Town Clerk's OfficeIFS of� Nc�rl�>r PUBiJC , 215 North Tioga Street May CS Monday ayMay 20 2013.: Ithaca, NY 14850 215 NarIt l aga Street,< Ithaca 7:00 P.M. Appeal of ..Donn Carroll, Date of Posting: May 8, 2013 prenai requesting an hper. rctatian of Code Chapter 270, Sea, .205 regarding s>, Miether increasing the mass of a building to create Date of Publication: May 10, 2013 habitable space increases the nonconformity of a le- C_ gally existing nonconforryi- ,w my structure, if interpreted aff relatively,he is request Ing a variance from section 270,60 A and C to Fre able to enclose an existing Lori Kofoid Porch to cresta habitable. Deputy Town Clerk Spann on said legally exist. Mg nonconforming struc- ture, located d at 655 Five Mile Dr, Tax Parcel No, 61,-2-24 I.ow Density Res- idential Zone>.(LDI). STATE OF NEW YORK) Director tufa es Enforcement COUNTY OF TOMPKINS) SS: � TOWN OF ITHACA) Sworn to and subscribed before me this d day of 2013. 4 d'� N a ry Public Pu ............. Debra DeAugisttine Notary Public-State of clew York No.01 DE6148035 Qualified in Tompkins County My Commission Expires June 19,2�7 Carroll, Donn K Catholic Cemetery Asc City of Ithaca 651 Five Mile Dr 113 N Geneva St 108 E Green St Hca NY, 14850 Ithaca NY, 14850 Ithaca NY, 14850 Denmark Development Inc Gilbert, Laurene M Ithaca City School Distr 407 Wyckoff Ave 656 Five Mile Dr 400 Lake St Ithaca NY, 14850 Ithaca NY, 14850 Ithaca NY, 14850 Jenks, William C Sr Mallison, Melanie Claire Pennsylvania Lines LLC Jenks, Theo 658 Five Mile Dr 110 Franklin Road SE 655 Five Mile Dr Ithaca NY, 14850 Roanoke VA, 24042 Ithaca NY, 14850 People of New York State People of New York State Shipman, Edward J Finger Lakes Park Agency Bldg#1 Emp St Pla Shipman, Brigid Trumansburg NY, 14886 Albany NY, 12238 681 Five Mile Dr Ithaca NY, 14850 Snyder, Tammy L Wright, Stacy 662 Five Mile Dr 6045 Stillwell Rd Ithaca NY, 14850 Trumansburg NY, 14886