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HomeMy WebLinkAboutZBA Minutes 1982-05-12 t . TOWN OF ITHACA ZONING BOARD OF APPEALS MAY 12 , 1982 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , May 12 , 1982 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Chairman Henry Aron , Joan G . Reuning , Jack D . Hewett , Edward N . Austen , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Chester C . Morgan , Gary Wojdyla , Peter Klinge , Sandra Klinge , Carol Boyd ( WTKO ) . Chairman Aron declared the meeting duly opened at 7 : 35 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on May 4 , 1982 and May 7 , 1982 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon all the various neighbors of the properties in question , upon the Tompkins County Commissioner of Planning , and upon the Appellants , as parties to the action , on May 5 , 1982 . It was noted that each Board member had received with his / her Agenda copies of all documents pertinent to each matter before • the Board . APPEAL OF GARY A . AND JOANNE M . WOJDYLA , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT TO INSTALL AN IN - GROUND SWIMMING POOL , IN A SIDE YARD , AT 210 TUDOR ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 57 - 1 - 8 . 142 . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 13 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 36 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Mr . Wojdyla appeared before the Board . Chairman Aron read aloud from the Appeal Form signed and submitted by Gary A . Wojdyla , dated April 22 , 1982 , as follows : if been denied permission to install an inground swimming pool in a side yard . . . The backyard has extreme excavation problems plus smaller area size due to the sloping hillside . Potential water problems may exist . The side lot offers the benefits of more area , improved ease of excavation , and also more direct sunlight to warm the pool in the summertime weather . " Chairman Aron read aloud Article IV , Section 13 , as follows : " Accessory Buildings . In Residence Districts R 15 accessory buildings other than garage may not occupy any open space other than a rear yard . Any accessory building may occupy not more than 40 per cent of any required rear yard and shall be not less than 3 feet from any side or rear lot line , . . . " Chairman Aron noted that , with their Zoning Board of Appeals 2 May 12 , 1982 . package received on this matter , the Board had also reviewed the plot plan submitted by Mr . Wojdyla showing detailed pool placement , the application for building permit submitted by Mr . Wojdyla , and the survey of Mr . Wojdyla ' s property recorded in Liber 556 at page 451 . Chairman Aron asked if there were anyone from the public who wished to speak to this matter . No one spoke . Eight photographs were passed around to the Board members , copies of which had been sent to the members with their Agendae . Chairman Aron read aloud the following letter [ a copy of which each Board member had also received ] : " April 19 , 1982 - T0 : Town of Ithaca - Mr . Wojdyla has informed me of his plans to install a 16X32 foot , in -ground pool , on the south easterly side lot of his house . This pool will be located 14 ± 1 . 5 foot from the dividing property line and its front edge shall not be further forward than the front of his house . The patio planned will cover the area from the side of his house to a retaining wall located within a foot of the side property line , TAdditionally , Mr . Wojdyla plans to have a minimum of 4 foot high fencing around the entire pool area to protect for accidential [ sic ] injury . This fence is planned to be within the 25 foot frontage requirement , and will border his property line on the remaining three sides . TAs a result , I am in support of his plans and would request that the Town of Ithaca grant him permission to implement his plans . Signed by : Gary A . Wojdyla , Gilbert Gillespie , Clyde A . VanArsdale , James T . Berg , • Margaret M . Berg . Notarized by Rae D . Harris , Notary Public Qualified in Tioga County . " Chairman Aron asked Mr . Wojdyla if he had children , to which Mr . Wojdyla replied - yes , three . Mr . Aron asked Mr . Wojdyla if both he and his wife work , to which Mr . Wojdyla replied that his wife was not employed outside of the home , he was . Mr . Aron noted that someone is at the house . Mr . Aron asked Mr . Wojdyla if he had started to build the pool . Mr . Wojdyla stated that he has not ; he has been building a retaining wall made of solid oak , surface treated . Mr . Aron asked Mr . Wojdyla if he had told his neighbors what he was doing . Mr . Wojdyla stated that he had . Mr . Aron asked Mr . Wojdyla what the slope is at the back , to which Mr . Wojdyla responded - 301 to 451 . Referring to the photographs , Mr . Austen stated that the backyard is difficult . Mr . Wojdyla agreed , adding that that is why he has been building the retaining wall , adding further that it used to slope way down . Mr . Hewett asked Mr . Wojdyla where the pool will drain off when he empties it . Mr . Wojdyla stated that it will drain in front toward the culvert , noting that one normally does not drain out a pool . • Mrs . Reuning asked if the proposed fence were to be around the whole pool . Mr . Wojdyla stated that that was correct , adding Zoning Board of Appeals 3 May 12 , 1982 • that the fence will be around all of his property , plus the pool also . Chairman Aron asked if there were any further questions . There were none . MOTION by Mrs . Joan Reuning , seconded by Mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a special permit to Mr . Gary Wojdyla to permit the issuance of a building permit to install an in - ground swimming pool in the easterly side yard of his property at 210 Tudor Road , Town of Ithaca Tax Parcel No . 6 - 57 - 1 - 8 . 142 , as set forth on drawing dated April 19 , 1982 and submitted with application for building permit dated April 22 , 1982 . There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , Hewett , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Wojdyla Appeal duly closed at 7 : 49 p . m . • APPEAL OF CHESTER MORGAN , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT TO ADD A 10 ' x 12 ' PORCH AND AN 8 ' x 10 ' DECK , IN A SIDE YARD , AT 108 VALLEY VIEW ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 29 - 2 - 4 . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 14 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 50 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Chairman Aron read aloud from the Appeal Form as signed by James Stevenson on behalf of Chet Morgan and dated April 22 , 1982 , as follows : " . . . Having been denied permission to add a 10 ' x 12 ' porch and 8 ' x 10 ' deck at 108 Valley View Road . . . Mrs . Morgan is on oxygen at all times . She would like a place off the kitchen to sit in the fresh air , available to the oxygen tanks . A screened - in porch would serve this purpose . A side yard variance of 6 ' is requested . " It was noted that the submitted plot plan shows that the proposed porch with deck would infringe upon the 15 - foot side yard requirement by 6 ' , there being presently 19 feet from the existing house to the side property line . Mr . Austen asked if the porch were there now . Mr . Morgan stated that it was not , but there is a stone patio and he needed . a 6 - foot variance . Mr . Austen asked how close the next door neighbor is . Mr . Cartee responded that the next door neighbor is at least 30 feet distant . r' Zoning Board of Appeals 4 May 12 , 1982 Chairman Aron noted that this porch and deck is a necessity for Mrs . Morgan in the proposed location off the kitchen . Mr . Morgan stated that that was correct and added that they have lived in their home for 28 years . Mr . Morgan stated that they could put it on the back , - but then there would be no view of the City for his wife . Mr . Morgan stated that his wife is on oxygen 24 hours a day and there is a 25 - foot hose hooked to the tank . Chairman Aron asked if there were anyone present who wished to speak to this matter . No one spoke . Chairman Aron asked if there were any further questions from the Board . There were none . MOTION by Mr . Edward Austen , seconded by Mr . Jack Hewett : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance of six feet for property known as 108 Valley View Road , Town of Ithaca Tax Parcel No . 6 - 29 - 2 - 4 , said area variance permitting the addition of a 10 ' x 12 ' porch and an 8 ' x 10 ' deck to an' existing dwelling such that the resultant side yard will be 9 feet , 15 feet being the requirement , as applied for and as shown on drawing submitted by Mr . Chester C . Morgan by Appeal dated April 22 , 1982 , and , further permitting the issuance of a building permit for said porch and deck . • There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , Hewett , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Morgan Appeal duly closed at 7 : 55 p . m . APPEAL OF PETER L . AND SANDRA E . KLINGE , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE OCCUPANCY OF A SINGLE FAMILY RESIDENCE BY FOUR ( 4 ) UNRELATED PERSONS AT 216 CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 41 - 1 - 18 . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 4 , PARAGRAPH 1 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 55 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Chairman Aron read from the Appeal Form as signed and submitted by Sandra Klinge and Peter Klinge , dated April 6 , 1982 , as follows : " . . . Having been denied permission to allow 4 unrelated persons at 216 Coddington Road . . . We have rented this four bedroom home , • situated on a double lot near the back entrance to Ithaca College , to students for 6 years with no problems . Prior to that time , a professor at the College owned and rented it to 4 Zoning Board of Appeals 5 May 12 , 1982 students . We had no idea we were in violation of anything all these years . My husband and I both work and are putting 4 children , all at the same time ( one grad . school ) through college . This house is a major source of income , the loss of which would be a disaster for our family . The house is leased now and for next year and all our plans depend on it , including our ability to pay the mortgage . Granting us a permit would be much appreciated . I understand that the house has R- 9 zoning where such permits can be allowed . Thank you for your consideration . " Chairman Aron read from the ordinance , as follows : " Article III , Section 4 , paragraph 1 . One Family Dwellings . In addition to a single family , such dwelling may be occupied by not more than two boarders , roomers , lodgers or other occupants . . . Article III , Section 4 , paragraph 2b . One or two family dwellings may be occupied by more than the occupants permitted by Section 2a by Special Permit of the Board of Appeals upon application to such Board . " Mr . Cartee stated that he had received a complaint about a particular condition at the house and went up to see it . He stated that he found electrical problems and at the same time noted that four ladies were occupying the premises . He stated that the New York Fire Underwriters ' electrical inspector made an inspection . Mr . Cartee stated that , according to his records , at the present time there are several electrical violations and the electrical inspector has not reinspected nor issued a certificate • of compliance with the Electrical Code . Mr . Klinge stated that the work had been done several weeks ago by Marion Electric . Mr . Cartee informed Mr . Klinge that he has to inform the electrical inspector that the work has been done and request that he reinspect . Mr . Klinge stated that he thought he had done that when he sent the completed forms to Syracuse . Mr . Cartee stated that he ( Cartee ) needed to have a copy of the certificate of compliance and went on to explain to Mr . Klinge the procedure of seeing Mr . Floyd Ferris at City Hall , Mrs . Klinge stated that she would also call Marion Electric . Chairman Aron read the following letter received by Mr . Cartee on May 10 , 1982 from Frank R . Liguori , Tompkins County Commissioner of Planning : " RE : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law . CASE : Appeal of P . & S . Klinger [ sic ] at 216 Coddington Road ( County Highway ) . . . This will acknowledge the receipt of the proposal for review under Section 239 -m . IThe proposal , as submitted , will have no deleterious impact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " Chairman Aron asked if there were anyone present who wished • to speak to this matter . No one spoke . Zoning Board of Appeals 6 May 12 , 1982 4 Mr . Hewett noted that the lease expires in August of 1983 . Mrs . Reuning stated that she could see no different hardship from all of the other such requests this Board has seen . Mr . Klinge pointed out that the parcel is a double lot ; the lot is huge . He noted that the house is a four - bedroom house , adding that it sets in the middle of this double lot . Mr . Klinge stated that when they bought the house it was rented to four people . Mr . Cartee noted that the house has a " circle - type " driveway , i . e . , it comes in and goes out on the opposite side . Mr . Hewett asked how many feet there were on both sides . Mr . Cartee stated that there is 120 feet of driveway , making a complete loop . Mr . Klinge pointed out that no individual homeowner is behind them - - Ithaca College is behind them . Mr . Cartee recalled that there is a house similar to this , maybe two blocks away , at the corner of the entrance to Ithaca College that this Board reviewed about a year or year and a half ago . He stated that it was the Sullivan Appeal and in pretty much the same situation , the Board granted a special permit . MOTION by Mr . Jack Hewett , seconded by Mr . Edward Austen : RESOLVED , that , in view of the situation where a commitment has been made to the four tenants residing at 216 Coddington Road , Town of Ithaca Tax Parcel No . 6 - 41 - 1 - 18 , the Town of Ithaca Zoning Board of Appeals grant and hereby does grant special permission to Sandra E . and Peter L . Klinge to allow four ( 4 ) • unrelated persons to reside in said dwelling , such special permission to terminate on August 15 , 1983 , prior to which time the tenants will have been informed of the occupancy requirements of the Town of Ithaca Zoning Ordinance and , further , by which time the subject dwelling should be in compliance with the Town Zoning Law in effect at that time . There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , Hewett , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Klinge Appeal duly closed at 8 : 10 p . m . ADJOURNMENT Upon Motion , Chairman Aron declared the May 12 , 1982 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 12 p . m . ' Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Henr Aron , Chairman