The URL can be used to link to this page

Home My WebLink AboutZBA Minutes 2014-02-24 TOWN OF ITHACA ZONING BOARD OF APPEALS Meeting Minutes Monday February 24, 2014 Present: Kirk Sigel, Chair, Rob Rosen, and John DeRosa Absent: Bill King, Christine Decker, and Chris Jung Staff. Bruce Bates, Director of Code Enforcement, Susan Brock, Attorney for the Town, and Lori Kofoid, Deputy Town Clerk Appeal of Eric Caster, owner, requesting variance from the requirements of Chapter 270-32 A(3) "Yard Regulations"to place a detached garage within the 40 foot setback from the side property line, located at 415 Bostwick Rd, Tax Parcel No. 32.-2-3.3, Agricultural Zone (AG). Mr. Caster provided some photographs for the board to review explaining that a few years ago they had approximately $20,000 in damages from a hail storm to our vehicles and although we had a garage on the property, we have transformed that into a workshop for my art and it has to be clean and sanitary so we can't park our vehicles in there and the garage doors were left on for easy access and delivery of supplies needed for my art. We thought we were fairly isolated since we can barely see our neighbors and we were not aware of the zoning laws prohibiting us from building the garage where we wanted. We want the garage near our house for our family and the rest of the 100 or so acres is fairly hilly and belongs to the farm next door. Mr. Sigel asked Mr. Bates if he has received any complaints or comments regarding the appeal and Mr. Bates said he has not. If the workshop was viewed as a garage, it would meet the 15' setback but not the 40'. A garage has a 15' setback and an accessory building has 40' with the exception of one garage from one sideyard. You get an allowance for one garage. The board discussed the property and how the land sloped in one area and is an odd shaped property. The corner of the existing garage/workshop is 30' from the property line but there are no neighbors that would see the proposed garage. The applicant does not have a lot of options for where it could be placed without a lot of land disturbance. Ms. Brock stated that the adjoining property has an access road that no one could build in, limiting how close a neighboring structure could be built to the proposed garage. She also noted that the 1987 version of the Code did not have any setbacks in the agricultural zone. This means that regardless of what the current workshop was at the time it was built, it was legally conforming. Ms. Brock stated that she is comfortable stating that the 15 feet is what applies in this situation and the board going on record that it is a 15 foot setback that applies. The other building was allowed when it was built regardless of whether it was a garage or workshop. Approved 2/24/2014 1 Mr. Bates asked the applicant if the stakes were where he wanted to put the garage because he was concerned about the well and the applicants stated they do not use that well. Mr. Bates also asked if there would be an overhang because he was concerned about the 5' setback required by building code. The applicants stated that there would be no overhang. Mr. Sigel opened the public hearing at 7:32pm. There was no one wishing to address the board and the public hearing was closed. ZBA Resolution No. 2014-003,Area Variance 415 Bostwick Rd, TP 32.4-3.3 AG January 27, 2014 MOTION made by Kirk Sigel, seconded by John DeRosa RESOLVED that this Board grant the appeal of Eric Caster, owner, requesting a variance from the requirements of Chapter 270-32 A(3) "Yard Regulations"to place a detached garage within the 15 foot setback from the side property line, located at 415 Bostwick Rd, Tax Parcel No. 32.-2-3.3, Agricultural Zone (AG)with the following Findings 1. That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically, that the benefit the applicant wishes to achieve cannot be achieved by any other means feasible, and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties because there are no other houses in sight of this property and that the lot line that it is 5 feet from joins a lot that is too narrow to build another structure on at that location, and 3. That the request is substantial, being a 67%reduction from 15' to 5', and 4. It will not have adverse physical or environmental effects, in fact it will have an environmental benefit because it will avoid disturbing a slope and a natural area by building on an existing level area, and 5. That the difficulty is self-created by the owner's desire to build this size building, but nonetheless, the benefit to the applicant outweighs the detriment to the health, safety and welfare of the community. Vote: Ayes—Sigel, DeRosa and Rosen Absent: King, Jung and Decker Motion passed. Meeting was adjourned at 7:40 Approved 2/24/2014 2 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 OTICE OF PUBLIC HEARINGS Location of Sign Board Used for Posting: Town Clerk's Officer� IT 215 North Tioga Street jBOARP,,0 Ithaca, NY 14850 ,;, F +1y 24,2C1d� f Date of Posting: February 5, 2014 ,,„ 1 �rthTlog,,, � NthacAp Al, Date of Publication: February 7, 2014aE>arvqta tstnlx, 7i• 2 pct Yk �S6 fay°10„) aprti 4�rar gu w�tlrtrorCk 4 aursert�,aak from fha {u 91 � is Az Hd T ori Kofo of fad fa. 7✓ Deputy Town Clerk � Bakes Cpotor jkf Code ar ,aaCnNC . y t-ar83 4t,§#f ebin pry 26,4 STATE OF NEW YORK) r COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Swop-to and subscribed before me this day of r Notary Public Notary Public,state of New York No.971 TE61 W09 Oualified in Tompkins Cr u Commission Expires December 4,�p - AFFIDAVIT OF SERVICE BY MAIL STATE 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 5th day of February 2014, deponent served the within Notice upon the property owners of the following Tax Parcel Numbers: 415 Bostwick Rd, Tax Parcel 32.-2-3.3,Area Variance Janine Hedges Thomas Herman&Emily Simon Nelson Eddy 420 Bostwick Rd 216 Dey St 430 Bostwick Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Anne Soos&Thomas Canfield Gretchen Herrmann Claire Paley 125 Hun Rd 433 Bostwick Rd PO Box 3 Princeton,NJ 08540 Ithaca,NY 14850 New Baltimore,NY 12124 ,101ftl athanial Greenspun& Susan Perri Tom Greenspun&Barbara Gizewski Eric Caster 429 Bostwick Rd 441 Bostwick Rd 415 Bostwick Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Tom&Josephine Greenspun James &Phyllis Baker Richard Baker 439 Bostwick Rd 411 Bostwick Rd 383 Bostwick Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York. L6rk-eofoid,D'aputy Town Cler� Town of Ithaca Sworn to beNfre me this Stn Day of February 2014. w" Notary'Public PAUL "TER WILLIGER Notary Public,State of New York No.01TE6156809 Oualffind In Tompkins County Commission Expires December 4, 20 j�