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HomeMy WebLinkAboutZBA Minutes 1985-07-17 • TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17 , 1985 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , July 17 , 1985 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Joan G . Reuning , Edward W . King , Jack D . Hewett , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Steven Seidman , Barry L . Wixson , Pat Cornell , Edward A . Wilson , Jim Brinkerhoff , Chairman Aron declared the meeting duly opened at 7 : 00 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on July 9 , 1985 and July 12 , 1985 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property under discussion , upon the Clerk of the Town of Ithaca , upon the Tompkins County Commissioner of , Planning , and upon the Appellant and agent , on July 9 , 1985 . APPEAL OF STEVEN A . SEIDMAN , APPELLANT , BARRY L . WIXSON , AGENT , FROM THE • DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO CONSTRUCT A SINGLE FAMILY RESIDENCE AT 118 PARK LANE , TOWN OF ITHACA TAX PARCEL NO . 6 - 56 - 3 - 13 . 3 , WITH A FRONT YARD SETBACK OF LESS THAN 25 FEET . 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 : 05 p . m . and read aloud from the Notice of Public Hearing as posted and published and as noted above . Messrs . Seidman and Wixson were present . Chairman Aron read aloud from the Appeal Form as signed and submitted by Barry L . Wixson under date of June 19 , 1985 , as follows : " . . . Having been denied permission to construct a single family residence at 118 Park Lane . . . In the process of building a new home for Steve Seidman , I accidentally constructed the foundation of the house closer than the 25 ' front yard set back . This was not noticed until the land was surveyed . " Chairman Aron noted that there was attached to the Appeal Form a copy of the Survey of the " Lands of Steven A . Seidman " , dated May 30 , 1985 , prepared by John S . MacNeill , Jr . , P . C . , signed and sealed by R . James Stockway , L . L . S . , under date of June 6 , 1985 . Chairman Aron noted that the Survey indicates a front yard setback deficiency for one corner of the house at 118 Park Lane of . 9 feet . Chairman Aron asked Mr . Wixson if he had anything more to say , other than what appeared on the Appeal Form , Mr . Wixson responded that he had • nothing to add . Chairman Aron commented to Mr . Wixson that he had just made an error . Mr . Wixson stated that that was correct , adding that they Zoning Board of Appeals 2 July 17 , 1985 • staked out the house and then dug the foundation and when the survey was completed that is when the discrepancy was noticed . Chairman Aron asked if there were anyone present who wished to speak for or against the Seidman Appeal . Mrs . Pat Cornell , 117 Park Lane , spoke from the floor and stated that she had a letter to submit to the Board from her and her husband , Philip . Chairman Aron read Mrs . Cornell ' s letter aloud as follows : " 7 / 17 / 85 Attention Chairman of the Zoning Board of Appeals . In reference to the appeal of the Steven A . Seidman , Appellant , Barry L . Wixson , Agent ; we wish to make the following comments : We find it most distressing that the construction of the said House has progressed to the extent it has without the resolve of the zoning violation . Zoning and its enforcement are of benefit to all members of the neighborhood . If . developer , builder , and / or new house owner are of the mind - that zoning can be worked out later , then we think now is the time to put them on notice that compliance must be approved before major construction proceeds . Since the land owner , developer and builder of record for this section of the subdivision , Mr . Frandsen , has found it necessary to sell his lots off to other builders and buyers , we find it imperative that they be made aware of the zoning regulations prior to approval of these ' lots and houses in the subdivision . • In conclusion , we feel that this unfortunate happening can be best resolved at this time by granting the variance . However , we strongly feel that this and any further ,, zoning violations of any nature cannot be condoned . Vigorous enforcement only enhances this neighborhood ' s integrity . With sincere concern , ( sgd . ) Pat Cornell ( sgd . ) Philip Cornell " [ Also signed by Edward A . Wilson , for Edward A . & Laura M . Wilson ] Chairman Aron asked both Mrs . Cornell and Mr . Wixson if they had anything more to add . No further comment was offered . Mr . Edward A . Wilson , 116 Park Lane , spoke from the floor and stated that he would like to add his name to Mrs . Cornell ' s letter , Mr . King asked Mr . Wilson where his home was in relation to the Seidman property . Mr . Wilson stated that his property was next door . Mr . Cartee noted that Mr . Wilson ' s property was located at the corner of Park Lane and Tudor Road . Mr . King referred to Section 14 , " Front Yard " , and noted that the front yard is required to be " not less than the average depth of the front yards of buildings on lots immediately adjacent . However , the front yard depth shall not be less than 25 feet or need it be greater than 50 feet except as otherwise specified . " Mr . Cartee stated that the next house is • set back 25 ' or more . Mr . Wilson stated that he thought it was much more than 251 . Mr . King commented that this setback becomes a problem in this case because the regulation states that it has to be an average . Mr . � 1 Zoning Board of Appeals 3 July 17 , 1985 • Cartee commented that he did not think his office was capable of averaging setbacks of houses . Mr . King suggested that on a straight street , one can just see the set back . Mr . Cartee pointed out that all houses are different in their placement on each lot . Mr . King noted that persons applying for building permit should be made aware of the set back requirements upon application . Mr . Cartee stated that they have a copy of the zoning ordinance and the subdivision map . Mr . Seidman stated that he was made aware that the setback had to be at least 25 feet . Mr . King noted that the Appeal Form shows that the house is closer than the 25 ' front yard setback , pointing out that that is the minimum . Mr . Wixson stated that some of the lots are deeper than others and some have different levels of topography . Mr . Seidman pointed out that the Board should be aware that the house is turned and it is not the whole house , just one corner , that is a little bit short of 25 feet . Mr . Seidman stated that he wanted to assure his new neighbors that their intention was to have the house be in character with the neighborhood . Mr . King stated that , because the house is turned on the lot , it could be that the average setback is greater than 25 feet . Mr . Wilson stated that the neighbors ' concern is not with this particular house , adding that it is a bigger concern that the right hand does not know what the left hand is doing . Mr . Wilson spoke about the chance for setbacks to be 15 feet or for there to be businesses constructed • illegally and then a variance being granted because the thing is already done . Mr . Cartee commented that he wished Mr . Wilson would not get alarmed about businesses and front yard setbacks of 15 feet occurring . Mr . Cartee stated that this is an unusual occurrence , a matter of about 11 inches , adding that it does not happen often and nothing about which to be alarmist . Mr . Wilson asked Mr . Cartee if he knew what was going up in this area . Mr . Cartee responded that , as Building Inspector , he did . Mr . Wilson stated that he wanted Mr . Cartee to know that the neighbors have a concern up there . Mr . Cartee stated that he has a concern too , as the Building Inspector for the Town of Ithaca . Chairman Aron stated that Mr . Cartee has the responsibility to bring matters before the Board of Appeals , adding that this Board did not know about " goings - on Further discussion followed between Messrs . Cartee and Wilson . Chairman Aron explained the responsibilities of the Building Inspector and the Planning Board with respect to subdivisions . Chairman Aron asked if there were any more questions from other persons present . Mr . Wilson stated that the Siedman matter was a very :innocent thing , adding that his concern was that there could be a possibility of someone following the same thing and a house ends up 15 ' from the lot line . Chairman Aron stated that that is a possibility and the Board of Appeals would hear such a ,matter , adding , however , that it is also possible that a • house could be built within the realm of the Ordinance . r• Zoning Board of Appeals 4 July 17 , 1985 Chairman Aron asked if there were any other questions . There being • none , Chairman Aron closed the Public Hearing at 7 : 40 p . m . and asked for Board discussion . Mrs . Reuning asked Mr . Wixson how much of the project is completed . Mr . Wixson stated that the house is sheet - rocked and painted at this point . Mrs . Reuning noted that the house is really just about completed . Mrs . Reuning asked how far the Seidman house is from the corner on the north side . Mr . Wixson stated that it was 61 ' from Park Lane at that corner . Mr . King stated that he would say that the middle of the front of the house is set back at least 301 , or more , from Park Lane . MOTION by Mr . Edward King , seconded by Mr . Jack Hewett : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find that , while the southwesterly corner of the subject house , i . e . , 118 Park Lane , Town of Ithaca Tax Parcel No . 6 - 56 - 3 - 13 . 3 , appears to be only 24 . 1 feet back from the street line , whereas a 25 - foot setback is required as a minimum , the front of the house angles away from the street line so that the average setback would probably exceed 30 feet and would be well within the requirements of Section 14 of the Town of Ithaca Zoning Ordinance regarding setbacks , and further , that the neighbors who did appear before the Town of Ithaca Zoning Board of Appeals , at Public Hearing on July 17 , 1985 , indicated that this was not a problem in this case , THEREFORE , said Board of Appeals hereby grants an area variance of . 9 feet • from the 25 - foot front yard setback requirement of said Ordinance to permit the existence of said house on said lot , as constructed . There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , King , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Seidman Appeal duly closed at 7 : 45 p . m . ADJOURNMENT Upon Motion , Chairman Aron declared the July 17 , 1985 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 7 : 46 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . • Henry Aron , . Chairman .