HomeMy WebLinkAboutZBA Minutes 1978-09-07 TOWN OF ITHACA ZONING BOARD OF APPEALS
SEPTEMBER 7 , 1978
The Town of Ithaca Zoning Board of Appeals met in regular
session on Thursday , September 7 , 1978 , in Town Hall , 126 East
Seneca Street ( second floor ) , Ithaca , N . Y . , at 7 : 30 p . m .
PRESENT : Chairman Peter K . Francese , Jack D . Hewett , Edward W .
King , Edward N . Austen , Robert W . Bonnell ( Assistant to
the Town Engineer ) , Nancy M . Fuller ( Secretary ) .
ALSO PRESENT : Carl Mann , Lillian Mann , Amy Suzanne Soyring ,
Chairman Francese declared the meeting duly opened at 7 : 45
p . m .
APPEAL OF CARL AND LILLIAN MANN , APPELLANTS , FROM THE DECISION OF
THE BUILDING INSPECTOR DENYING A PERMIT TO CONVERT EXISTING SPACE
TO A THIRD DWELLING UNIT AT 103 HAPPY LANE , TAX PARCEL N0 ,
6 - 22 - 2 - 5 . 1 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING
INSPECTOR UNDER ARTICLE V , SECTION 18 , OF THE ZONING ORDINANCE .
Chairman Francese declared the Public Hearing in the
® above - noted matter duly open at 7 : 45 p . m . Chairman Francese read
the Notice of Public Hearing as stated above and presented for
the record the Clerk ' s Affidavit of Posting and Publication of
said Notice in Town Hall and the Ithaca Journal on August 31 ,
1978 and September 2 , 1978 , respectively , together with the
Secretary ' s Affidavit of Service by Mail of said Notice upon the
various neighbors of subject premises and upon Carl and Lillian
Mann as parties to the action . The Appeal Form dated June 20 ,
1978 , signed and completed by Carl and Lillian Mann , together
with the application for Building Permit and Drawings # 1 and # 2
depicting the floor plans of the existing home at 103 Happy Lane
and the proposed apartment unit , were presented to and read by
the Chair .
The Appeal Form so presented reads as follows :
" . . . Having been denied permission to convert existing space
to a one bedroom apartment at 103 Happy Lane . . . in violation of
Section 18 of the Town of Ithaca Zoning Ordinance . . . PRACTICAL
DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : Due to
inflation extra money would help to maintain the property . It
seems impractical to leave this lovely space sit idle and
deteriorate . We are unemployed ( retired ) and would do the work
ourselves . Thank you for your consideration . "
Mr . Mann stated that the area in question runs along Happy
Lane from Indian Creek Road to Indian Creek and has approximately
200 ' of frontage on Indian Creek Road and a depth of
approximately 6001 . Of this area the Manns own 2 . 26 acres
Zoning Board of Appeals 2 September 7 , 1978
( approximately ) , there being a corner of this area of
approximately 100 ' by 175 ' which is owned by Wayne and Seka
Pollard .
Chairman Francese asked if the structure in question is a
one - story house . Mr . Mann stated that it is built on a hill so
that half of the basement is exposed and there is an apartment in
the basement . Mr . Mann noted that his land goes all the way back
to the gorge .
Chairman Francese stated that the Appellants have a garage
in addition to the house and that they live in the first floor
and rent out the basement . Chairman Francese noted that the
Appellants would like to build an apartment containing one
bedroom over the garage and that the conversion has started but
is not finished .
Chairman Francese asked for any questions from the members
of the Board present . Messrs . Hewett and Austen stated that the
matter was clear .
Mr . King stated that he had marked on the Drawing # 2 which
set forth the placement of three dwelling structures on Parcel
No . 6 - 22 - 2 - 6 which is the 1978 for 1979 taxes Assessment
Department delineation for the Mann property , being the same area
® known as Parcel No . 6 - 22 - 2 - 5 . 1under the 1977 for 1978 taxes and
being the Parcel No . used in this Appeal , and that he had called"
the structures A 'B , and C " . Mr . King asked Mr . Mann what
the uses for these three structures were .
Mr . Mann stated that Dwelling " A " is a one - family dwelling
owned by him and rented ; Dwelling " B " is a one - family dwelling
owned by him and rented ; Dwelling " C " is a two - family dwelling
owned by him in which he and his wife live , has a basement
apartment which is rented to one person , and is the dwelling
under appeal for the third one - bedroom unit over the garage .
Mr . King reiterated that Mr . and Mrs . Mann are applying to
make a third dwelling unit in house " C " over the garage .
Chairman Francese read again from the Appeal Form submitted
by Mr . and Mrs . Mann ,
Chairman Francese stated that this Board has probably had
ten , maybe fifteen , appeals in the last year requesting a third
dwelling unit , and that he , himself , has a particular interest in
all of them because he lives in a huge barn of a house which has
an attic that would make a beautiful apartment , but , he already
has one apartment in his home . Chairman Francese noted that this
Board has consistently denied appeals for three units in an
existing building . Chairman Francese noted that this type of
request has been before the Town Board also and he pointed out
that there presently is a Town Committee in the process of
re -writing the Zoning Ordinance and so , the Manns should make
Zoning Board of Appeals 3 September 7 , 1978
their feelings known to the Town Board , Chairman Francese urged
Mr . and Mrs . Mann to write to the Town Board and point out the
problems of retired persons with space in their homes .
After a brief discussion , the consensus of the Board was
that the following Finding of Fact should be entered in the
matter of the Mann Appeal :
FINDING OF FACT :
1 . This Board finds that there is no difference in this
Appeal for a third dwelling unit in a building from the other
appeals that this Board has heard in the past year and that there
are no special circumstances which would speak in favor of such a
conversion .
MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen :
RESOLVED , that in view of the Finding of Fact hereinabove
stated , the Appeal of Carl and Lillian Mann to vary the
requirements of the Zoning Ordinance of the Town of Ithaca to
allow for the issuance of a building permit to convert existing
space to a third dwelling unit at 103 Happy Lane , be and hereby
is denied by the Zoning Board of Appeals of the Town of Ithaca .
® There being no further discussion , the Chair called for a
vote .
Aye - Francese , Hewett , King , Austen .
Nay On None .
The MOTION was declared to be carried unanimously .
Chairman Francese declared the Public Hearing in the matter
of the Mann Appeal duly closed at 8 : 19 p . m .
APPEAL OF ROBERT F . AND OLYMPIA McFALL , APPELLANTS , FROM THE
DECISION OF THE BUILDING INSPECTOR DENYING BUILDING USE BY MORE
THAN THREE UNRELATED BOARDERS , ROOMERS , LODGERS , OR OTHER
OCCUPANTS IN A TWO - FAMILY DWELLING AT 235 CODDINGTON ROAD , TAX
PARCEL NO . 6 - 54 - 7 - 44 , ITHACA , N . Y . PERMISSION IS DENIED BY THE
BUILDING INSPECTOR UNDER ARTICLE III , SECTION 4 , PAR , 2a , AND
EXTENSION OF SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III ,
SECTION 4 , PAR . 2c , OF THE ZONING ORDINANCE .
Chairman Francese declared the Public Hearing in the
above - noted matter duly open at 8 : 20 p . m . Chairman Francese read
the Notice of Public Hearing as stated above and presented for
the record the Clerk ' s Affidavit of Posting and Publication of
said Notice in Town Hall and the Ithaca Journal on August 31 ,
1978 and September 2 , 1978 , respectively , together with the
® Secretary ' s Affidavit of Service by Mail of said Notice upon the
various neighbors of subject premises and upon Robert and Olympia
McFall as parties to the action . The Appeal Form dated September
Zoning Board of Appeals 4 September 7 , 1978
® 2 , 1978 , signed and completed by Robert and Olympia McFall , was
presented and reads as follows :
" . . . Having been denied permission to use the building at 235
Coddington Road for more than three unrelated boarders , roomers ,
lodgers , or other occupants and to extend a Special Permit
granted September 19 , 1977 , at 235 Coddington Road . ( Two - family
dwelling ) , Ithaca , New York . . . in violation of Section 4 , par . 2a
of Article III . . . PRACTICAL DIFFICULTIES and / or UNNECESSARY
HARDSHIP as follows : Extension of Special Permit granted
September 19 , 1977 , allowing a total of 4 unrelated boarders ,
roomers , lodgers , or other occupants is hereby requested . Said
. Special Permit expires August 31 , 1978 . "
Mr . and Mrs . McFall had also sent a letter under date of
August 29 , 1978 , to the Chairman of the Zoning Board of Appeals
as follows :
" In August of 1977 [ Secretary ' s Note : The correct date is
September 19th , 19771 we were granted a variance to the zoning
code regarding our property at 235 Coddington Road . The variance
gave us permission to rent to 3 unrelated persons in the first
floor apartment and 1 person in the 2nd floor apartment , with the
understanding that we must apply for renewal of this variance on
a year - to -year basis .
® We are at this time asking that this variance be renewed for
another year . The first floor apartment is still rented to 3
unrelated persons , and the 2nd floor apartment is still rented to
1 person . "
The Secretary reported that because of a death in the
immediate family , the McFalls were unable to appear before the
Board this evening . The Secretary reported that she had spoken
by telephone with Mrs . McFall who asked that the Secretary report
on her behalf that the McFalls have been and still are diligently
trying to sell the house at 235 Coddington Road but no one seems
to be interested . Mrs . McFall asked that it be stated that
absolutely nothing has changed since the granting of the special
approval one year ago ; that they will continue to try to sell the
house ; that the leases delineate the occupancy requirements ; and
that an extension of the special approval is requested as stated
in their letter .
Chairman Francese asked if there were any objections from
the Board members and noted also that no one appeared in
opposition to this request .
Mr . Bonnell stated that the McFalls have complied with the
requirements of the granting of the special approval and that he
has found no problems with the property .
Zoning Board of Appeals 5 September 7 , 1978
® The Board members present indicated that they had no
objections to the extension of the special approval , particularly
in light of Mr . Bonnell ' s statement .
FINDINGS OF FACT :
1 . That it is in evidence that Mr . and Mrs . Robert McFall ,
owners of the premises located at 235 Coddington Road , Town
of Ithaca Tax Parcel No . 6 - 54 - 7 - 44 , have complied with the
provisions of the Special Permit granted by the Zoning Board
of Appeals of the Town of Ithaca on September 19 , 1977 , said
Special Permit expiring on August 31 , 1978 .
2 . That the Appeal before the Board asks only for an extension
of this existing condition .
MOTION by Mr . Peter Francese , seconded by Mr . Jack Hewett :
RESOLVED , that the Zoning Board of Appeals of the Town of
Ithaca grant and hereby does grant a Special Permit to expire
August 31 , 1979 , to Mr . and Mrs . Robert F . McFall to allow for a
total of four ( 4 ) unrelated boarders , roomers , lodgers , or other
occupants in the two - family dwelling at 235 Coddington Road , Town
of Ithaca Tax Parcel No . 6 - 54 - 7 - 44 , said Special Permit being
subject to the condition that the lease for the first two floors
® contains a prohibition against occupancy by more than three ( 3 )
unrelated persons and the upstairs by more than one person , and
subject to the further condition that each occupant may have on
or near the premises no more than one automobile , said Special
Permit hereby granted being an extension of the Special Permit
granted by this Board on September 19 , 1977 , and further , that
this Resolution include and hereby does include the Findings of
Fact hereinabove set forth .
There being no further discussion , the Chair called for a
vote .
Aye - Francese , Hewett , King , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Francese declared the Public Hearing in the matter
of the McFall Appeal duly closed at 8 : 29 p . m .
APPEAL OF AMY SUZANNE SOYRING , APPELLANT , FROM THE DECISION OF
THE BUILDING INSPECTOR DENYING CERTIFICATE OF COMPLIANCE FOR LOT
SIZE AND NUMBER OF DWELLING UNITS AT 847 TAUGHANNOCK BLVD . , TAX
PARCEL NO . 6 - 25 - 2 - 321 ITHACA , N . Y . PERMISSION IS DENIED BY THE
BUILDING INSPECTOR UNDER ARTICLE XIII , SECTION 67 ; ARTICLE IV ,
SECTIONS 11 AND 16 ; AND ARTICLE VI .
® Chairman Francese declared the Public Hearin in the
above - noted matter dulyopen at 8 : 30 g
P p . m . Chairman Francese read
Zoning Board of Appeals 6 September 7 , 1978
the Notice of Public Hearing as stated above and presented for
the record the Clerk ' s Affidavit of Posting and Publication of
said Notice in Town Hall and the Ithaca Journal on August 31 ,
1978 and September 2 , 1978 , respectively , together with the
Secretary ' s Affidavit of Service by Mail of said Notice upon the
various neighbors of subject premises and upon Amy Suzanne
Soyring as party to the action . The Appeal Form dated July 14 ,
1978 , signed and completed by Amy Suzanne Soyring , was presented
and reads as follows :
" . . . Having been denied permission to split triplex from
total property area . split [ sic . ] 65 x 200 ' depth . [ sic . ] leaving
85 x 2001 + at 847 Taughannock Blvd . , Ithaca , New York . . . in
violation of Section ( s ) 7 ( sic . ] . . * PRACTICAL DIFFICULTIES and / or
UNNECESSARY HARDSHIP as follows :
1 . Have buyer , would lose if I did not get permission .
2 . Have financial situation ( College tuitions and medical
bills ) which call for selling of roughly z my property .
3 . I find it difficult to manage rental properties and have
full time job .
I am not sure how to state this , but in looking over , for
the first time on my part , I found these errors - - depth of lot
is not 85 ' but 160 ' on tax map - - 185 ' by my measurement . Asking
® price was $ 110 , 000 - - cost was $ 135 , 000 + . These figures had been
reversed . I also wanted to respond too since Andy had been a
Zoning Officer I should have known to apply for a building
permit . "
[ The last paragraph above , was signed and dated July 27 ,
1978 . ]
Mrs . Soyring discussed her problems with the Board members
noting , among other things , that somehow lesser measurements had
been used at all times . Mrs . Soyring presented a map ,
essentially a site plan , as drawn by her son , Andy Soyring , to
which was attached a floor plan of the " Main House " and a floor
plan of the " Triplex " . Mrs . Soyring stated that the minutes of
previous meetings were correct but the lot size was not correctly
stated at the time . She stated that she had her son measure the
property and then draw this map - - the frontage on the highway
( Route 89 ) is 1501 , on the beach 1651 , and the depth is 2001 , not
85 ' as in the previous minutes . Mrs . Soyring stated that the
triplex has its own septic system and its own well . She pointed
out that the proposed split would not create an unusual lot size
for Lake property , i . e . , 65 ' x 2001 . Mrs . Soyring noted that the
Seaburg lot is 501 . Mrs . Soyring stated that the triplex was a
duplex before it became a triplex and , also , the main house was
just a single family house . Mrs . Soyring commented that in the
midst of all this her husband died and her daughter was ill .
Referring to the drawing of the main house , Mrs . Soyring stated
that a contractor suggested that two apartments be put in , that
is , one in each " house " . Mrs . Soyring stated that Andy ( her
Zoning Board of Appeals 7 September 7 , 1978
® husband ) died in November of 1970 and then in February of 1971
the foundation in the main house went . She noted that at this
time there was a single family house on the north side and the
south side had two dwelling units . Mrs . Soyring stated that in
February the whole of the old part of the main house was gutted
and then Nancy ( her daughter ) got sick , at which point she left
the area and was gone for three months . It was somewhere in this
period that it was suggested to put in an apartment in the
duplex . Mrs . Soyring explained all the circumstances and summed
up that she would like to sell the triplex and keep the main
house . Mrs . Soyring stated that she has had 28 offers for the
property - - for the whole property - - but needed a variance for
the triplex and the unit in the main house .
Chairman Francese stated that , as it exists now , the main
house contains two dwelling units - - one large unit and one
smaller one - bedroom unit ; the large unit is occupied by Mrs .
Soyring , Mr . Bonnell agreed and described the main house such
that the size of the two units in relation to each other is 3 / 4
to 1 / 4 or less .
Chairman Francese noted that there is , today , a second
smaller building on the property which has three units in it and
they are all occupied , such that the top two have two bedrooms
and the basement has one bedroom . Chairman Francese pointed out
® that the situation which existed in January 1975 still exists and
Mrs . Soyring is in violation of the zoning ordinance . Mr .
Bonnell stated that there is also a violation of the multiple
residence code .
Mrs . Soyring pointed out the lot sizes that surround her and
also noted the numbers of persons in the house next door - - there
are 10 students next door . Mr . King commented that it would
certainly make sense for someone to take out an apartment - - if the
Town were enforcing the code in terms of the fines allowed for .
Mrs . Soyring commented that these buildings on the West Shore are
there , adding , only if they burn down will they be replaced in
conformance . Mr . Austen stated that he had visited the site .
Mr . King stated that he was not sure how this matter is here
before the Board since a rehearing can be only upon the unanimous
vote of the Board members present . Chairman Francese stated that
it was his recollection that there is a time limit of a year in
such matters . Chairman Francese asked the Board members if there
were any objection to having this Public Hearing at this time .
There were no objections stated .
Chairman Francese suggested having a new survey drawn
because the Board cannot speak with any degree of certainty based
on the drawing by Mrs . Soyring ' s son as to the placement of the
homes on the lot and their relationship to the neighbors .
® Chairman Francese asked for Board discussion on how they feel
about this piece of property , i . e . , 65 ' frontage with the triplex
on it .
Zoning Board of Appeals 8 September 7 , 1978
® Mrs . Soyring stated that she knew she was in violation and
she did it unwittingly . She stated that it is not a small lot in
relationship to the rest of the properties and these places will
continue to be there . Mrs . Soyring stated that she has lost 28
offers and it is frightening not to be able to sell this
property . Chairman Francese asked Mrs . Soyring if she felt that
the selling of this property would not be a detriment to the
neighborhood . Mrs . Soyring responded that she did not think it
would be a detriment to the neighborhood . Mrs . Soyring stated
that the property is fancy ; it does not lend itself to student
housing ; it is very nice .
Mr . Hewett stated that it is a very sticky problem ,
commenting that the Board has been through this before . He
stated that he agreed that people are not going to change along
the Lake , however , the precedent bothered him because of those
the Board has turned down . Mrs . Soyring stated that
over - occupied properties have been sold on the Lake and nobody
has had a problem except her . Mr . Bonnell stated that the Town
is investigating that area for those in violation as to numbers
of occupants . Mrs . Soyring stated that the rent in the triplex
is $ 185 . 00 , plus two times $ 215 . 00 . Mrs . Soyring stated that she
has three children in College - one at Princeton ( Andy ) , plus two
others in college .
® Chairman Francese stated that he did not have a problem with
the frontage for either lot , adding that this Board has granted
frontage variances . He stated that there is also a side yard
variance necessary , probably , for the deck around the triplex .
Chairman Francese stated that if there were two small lots with
two units on each , he would have no problem . Mrs . Soyring stated
that if this lot were split , there would be six spaces for
parking off the street , which is unusual .
Mr . King stated that he really did not see how the Board can
go any further , or even as far as suggested by the Chair .
Chairman Francese stated that he was speaking only for himself ,
adding that this Board has granted variances . Mr . King asked
Chairman Francese if he would say that Mrs . Soyring makes eminent
sense and logic but it does not allow the Board to change the
status . Chairman Francese said that , to him , this is an unusual
situation and warrants unusual consideration . Mr . King stated
that , on the other hand , the Board cannot expect Mrs . Soyring to
expend large amounts of money .
Mrs . Soyring stated that she has to move the triplex septic
system , adding that each dwelling has its own septic and water
system . Mrs . Soyring also pointed out that the septic system for
the triplex encroaches upon the other proposed lot . Both
Chairman Francese and Mr . King suggested that Mrs . Soyring could
grant an easement to the proposed lot for the triplex property .
® Mrs . Soyring stated that she thought she has a possibility for a
buyer and added that she missed one potential buyer because the
Zoning Board of Appeals 9 September 7 , 1978
public hearings notice was only half printed by the Journal and
her appeal had to be rescheduled .
After lengthy discussion , the Board decided that it would
visit the site . Mrs . Soyring stated that the members were
welcome at any time . It was agreed that the Board members and
the Secretary would visit Mrs . Soyring ' s property on Friday ,
September 8 , 1978 , at 5 : 30 p . m .
MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen :
RESOLVED , that the Public Hearing in the matter of the
Soyring Appeal in re property located at 847 Taughannock Blvd . ,
Town of Ithaca Tax Parcel No . 6 - 25 - 2 - 32 , be and hereby is
adjourned sine die .
There being no further discussion , the Chair called for a
vote .
Aye - Francese , Hewett , King , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Francese declared the Public Hearing in the matter
® of the Soyring Appeal duly adjourned .
ADJOURNMENT
Upon Motion , the Chair declared the September 7 , 1978
meeting of the Town of Ithaca Zoning Board of Appeals duly
adjourned at 10 : 00 p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Zoning Board of Appeals .
Peter K . Francese , Chairman