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HomeMy WebLinkAboutZBA Minutes 1982-07-21 r i i TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 21 , 1982 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , July 21 , 1982 , in Town Hall , 126 East Seneca "Street , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Chairman Henry Aron , Edward N . Austen , Edward W . King , Joan G . Reuning , Jack D . Hewett , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Neil A . Poppensiek , Danilee G . Poppensiek , David A . Dubow , Esq . , Sylvia Mintz , David Mintz , Donald C . Croft , Chairman Aron declared the meeting duly opened at 7 : 37 p . m . , noting that all members of the Board of Appeals were present , and accepting for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing for the matter before the Board , in Town Hall and the Ithaca Journal on July 13 , 1982 , and July 16 , 1982 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice of Public Hearing upon the Commissioner of Planning for Tompkins County , the various ineighbors of the property in question , and upon the Appellants , as parties to the action . APPEAL OF NEIL AND DANILEE POPPENSIEK , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF AN ADDITION TO AN EXISTING NON - CONFORMING RESIDENCE AT 1 RENWICK PLACE , TOWN OF ITHACA TAX PARCEL N0 , 6 - 17 - 3 - 37 . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 14 , ARTICLE XII , SECTION 54 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN ^ F ' ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 38 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Chairman Aron invited Mr . and Mrs . Poppensiek to appear before the Board and read aloud the Appeal as submitted under date of June 21 , 1982 , as follows : " . . . Having been denied permission to construct a modest addition to our homeseeWe have two small children ( ages 1 and 3 ) and have found the cost of buying a larger home prohibitive . We would like to add to our home as described in detail in the attached letter to meet the needs of our growing family . Thank you for your consideration of , this request . " Mrs . Poppensiek stated that they have a screened - in porch on the side of the house which they want to enclose and add 14 inches Zoning Board of Appeals July 21 , 1982 L • one way and 6 feet another way for a TV / family room and a half bath . Mrs . Poppensiek referred to their letter to the Board dated ;June 14 , 1982 , which the members had received , and which reads as follows : " Dear Board Members : We request permission to construct a modest addition to our current ` residence at One Renwick Place in order to meet the needs of our growing family . We propose to do the following : a ) to convert the existing screened- in sun porch to an enclosed t . v . / family room with half bath . The present outside dimensions of the porch are 7110 " wide by 14 ' 3 " long . The addition would make the outside dimensions 91 wide by 2013 " long . Also , depending on construction costs , we may wish to add a second story of the same total dimensions to the sun porch / family room in order to expand two of our upstairs rooms . The present porch is 9 ' 2 " from the side property line shared with Mrs . Ethel Vatter of 725 East Shore Drive , and with the addition would be 8 ' from the property line . b ) to add a second bay to our present tiny one - car garage . The garage is now 1213 " wide by 20 ' 3 " long . The additional bay • would make the total garage dimensions 2416 " wide by 2013 " long . . The garage is now 3016 " from the rear property line shared with Earland Mancini of 22 Renwick Heights Road and with the addition would be 18 ' 3 " from the property line . We should note here that from preliminary conversations with Contractor Alex Cima , we believe the addition to the garage may be I rohibitively expensive for us to undertake at this time . In the I vent the combined projects were to be feasible , though , we thought it best to , include the second item along with our request for the addition to our home . We are committed to making any additions meticulously compatible with the existing architecture of our present home . Our plans include using the same cedar - shake siding , window styles and so forth as now exist so that the attractiveness of the property will not be diminished . We have attached a rough sketch of our plans and would be pleased to , answer any questions you might have . Thank you for your consideration of our request . " Mrs . Poppensiek spoke of their next door neighbor , Mrs . Vatter , as indicating to them that she has no objections to the proposed addition . Mr . Aron read from a note from Mr . Cartee recounting a telephone call received by Mr . Cartee , as follows : "July 20 , 1982 . Mrs . Ethel Vatter , 725 East Shore Drive - - unable 2 Zoning Board of Appeals July 21 , 1982 L • to attend Zoning Board of Appeals Wednesday , July 21 , 1982 . Next door neighbor to Poppensieks - - has no objection to the granting of a side yard variance . ( Sgd . ) Lewis D . Cartee . " Chairman Aron asked if there were anyone present who wished to speak for or against the matter before the Board . Mr . Donald C . Croft , 2 Renwick Place , spoke from the floor and stated that he had no objections whatsoever to the Poppensieks ' request for an addition to their home . Mr . Austen asked how far the Vatter house is from the Poppensieks ' property line . Mr . Poppensiek replied that it is about 20 feet away . Mr . King stated that he would like to know in what sense this property is non - conforming now . Mr . Poppensiek stated that the . house was built in 1929 and the porch is only 912 " from the lot I ine . Mr . King stated that the people most affected are not objecting - - Mr . Croft and Mrs . Vatter , Mr . King commented that certainly Mrs . Vatter would be the most affected , she is closest , and she does not object . Mr . King added that it is a small ' variation being requested . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : • RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance so that the side porch on the south side of the appellants ' property at 1 Renwick Place , Town of Ithaca Tax Parcel No . 6 - 17 - 3 - 37 , may be extended to the dimensions requested bringing the southerly side of the extended house to within eight feet ( 81 ) of the south lot line . There being no further discussion , the Chair called for a vote . Aye - Aron , Austen , King , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Poppensiek Appeal duly closed at 7 : 46 p . m . AGENDA ITEM - DAVID DUBOW , ESQ . , FOR DAVID AND SYLVIA MINTZ Mr . David Dubow , Attorney with the firm of Kerrigan and Dubow , discussed with the Board members the request of Mr . and Mrs . Mintz to be heard . No action was taken . i 3 • u Zoning Board of Appeals July 21 , 1982 'ADJOURNMENT Upon Motion , Chairman Aron declared the July 21 , 1982 meeting of. the Town of Ithaca Zoning Board of Appeals duly adjourned at ; 8 : 30 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Zoning Board of Appeals . Henry Aron , Chairman . • 1 i 4