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HomeMy WebLinkAboutZBA Minutes 1986-08-20 • TOWN OF ITHACA ZONING BOARD OF APPEALS August 20 , 1986 A regular meeting of the Town of Ithaca Board of Zoning Appeals was held on August 20 , 1986 in the Ithaca Town Hall , 126 East Seneca Street , Ithaca , New York , PRESENT : Chairman Henry Aron , Edward Austen , Edward King , Joan Reuning , Jack Hewett , and Town Attorney John C . Barney . ALSO PRESENT : Gordon Belknap , Marjorie Belknap , Jonathan 0 . Albanese and Shannon Carson . The public meeting opened at 7 : 05 p . m . Chairman Aron stated that all posting and publication of the public hearings had been completed and that proper affidavits of same were in order . The first item on the agenda for consideration was as follows : • APPEAL of Gordon Belknap , Appellant , from the decision of the Building Inspector denying a Building Permit for the construction of a 280 square - foot porch ( 14 feet by 20 feet ) as an addition to the east side of a non - conforming building ( a dwelling constructed prior to 1954 ) , at 1454 Mecklenburg Road , Town of Ithaca Tax Parcel No . 6 - 27 - 1 - 22 . 1 . Permit is denied by the Building Inspector under Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance , Chairman Aron then read an excerpt from the application of Gordon Belknap as follows : The basic house having been built in about 1830 is without summer outdoor living area , and this porch would add 280 sq . ft . of floor space for relaxing , dining , etc . The nearest neighboring structure is about 125 ft . east of our lot line . There is also a LARGE maple tree and lilac bush on the lot line to partially " screen " the proposed porch . Chairman Aron then acknowledged a sketch and survey map that had been received from Mr . Belknap , Mr . Gordon Belknap was then invited to speak to the members of the Board . He presented several pictures of his property that • were shown to the members of the Board , one showing the house as it originally was when it was bought by Mr . and Mrs . Belknap in 1978 . Another picture showed the house with the changes that 2 • were made to date . Mr . Belknap stated that he went to the nearest neighbor and obtained from them a signed letter that they would not object to the porch being built . Chairman Aron read said letter : TO WHOM IT MAY CONCERN : As owner of property to the east of 1454 Mecklenburg Rd . , I have no objections to having a proposed porch built closer than the zoning regulations to my west property line . August 18 , 1986 S / Hazel Bannister , Attorney in fact Edna Schilling Edna Schilling Rose Teeter May Bannister Vallmer Mr . Belknap then went on to explain that all he wanted was a simple deck porch so that they could enjoy it in the summertime . Chairman Aron inquired how far above ground the porch would be . • Mr . Belknap responded that the ground slopes of f considerably at the area in question but the porch would be one step down from the house level . Mrs . Reuning asked if the porch would be enclosed and Mr . Belknap responded that it would not be . Mr . Austen asked if there would be a canopy or roof over it and Mr . Belknap responded that it would have a roof over the top . Mr . Austen stated that this would leave Mr . Belknap about 6 feet f rom the porch to the lot line . Mr . Belknap said that was correct . Chairman Aron then pointed out that this was a non - conforming use since it was built before 1954 . Mr . Austen inquired as to whether the nearest neighboring structure was a house and Mr . Belknap responded that it was a rented house not occupied by the three ladies who were signatories to the above letter . Mr . Hewett inquired as to whom Mr . Belknap contacted - the owner or the renters of the property . Mr . Belknap responded that he contacted the owner . • Chairman Aron asked if there was anyone present who wished to speak for or against the appeal of Mr . Belknap . 4 3 There was no one . A motion was then made by Joan Reuning as follows : It is moved that Special Approval be granted to Mr . Belknap to build a porch as specified in his drawings with the following findings : 1 . This is a non - conforming use . 2 . The letter from the nearest owner stating approval . The motion was seconded by Jack Hewett . The vote was as follows : Aye - Aron , Reuning , Hewett , Austen Nay - None The motion was unanimously carried . The next item on the agenda was as follows . APPEAL of Jonathan O . Albanese , Appellant , from the decision of the . Building Inspector denying a Building Permit for the construction of one - story living room addition with a deck on top as an addition to the south and west sides of a non - • conforming building ( a dwelling constructed prior to 1954 ) , at 1040 East Shore Drive , Town of Ithaca Tax Parcel No . 6 - 19 - 2 - 10 . Permit is denied by the Building Inspector under Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance . Chairman Aron then read from the application of Mr . Albanese . The property , if not allowed to be improved from its present dilapidated state , would never reach its full aesthetic or economic value . The area of the house from which the addition would extend has not been restored since its erection in the 1920 ' s and is currently collapsing and rotting away . The addition would be in conjunction with " shoring up " the present structure . The aesthetic quality and economic value of the entire area surrounding the property would be increased . . . Chairman Aron then asked Mr . Albanese if there was anything he would like to add . • Mr . Albanese also presented some pictures of his property showing the area where the screened - in porch area which would serve as a living room would be built on the front of the house . r 4 • He also presented some sketches showing his property and the proposed addition . Chairman Aron asked Ms . Shannon Carson who had prepared the drawings what pitch the roof would be . Ms . Carson responded that she thought it would be one - eighth or one - quarter of an inch . She stated the porch would be on cement blocks that go down into the ground probably about three feet . The porch would be insulated and would have sliding glass doors . The roof would be asphalt shingling . Mr . Albanese then went on to explain that there were two houses on his lot , one in which he would be living , the house on which he proposed to build the addition , and the other which he would be renting . Chairman Aron asked where the location of the septic system was and Mr . Albanese pointed it out on the sketch but stated that there was a leach field between that point and the lake . Chairman Aron asked if the septic system would be for joint use between the two houses and Mr . Albanese stated that it was . Joan Reuning asked how far the nearest neighboring house was to Mr . Albanese ' s house . Mr . Albanese responded that the nearest • house was owned by David Gersh , approximately eight feet , four feet to Mr . Albanese ' s line and then four feet inside of his line . Mrs . Reuning asked if Mr . Gersh objected in any way to this addition and Mr . Albanese responded that he did not . Mr . Austen asked if Mr . Albanese were taking the present porch area and making a living room out of it and Mr . Albanese responded that was correct but that it was being extended out a little . Attorney Barney asked if Mr . Albanese owned the property now and Mr . Albanese responded that he did having purchased it the previous week . Mr . Austen asked if the other building on the property would remain standing and if it was in good structural shape and Mr . Albanese responded that it needed some sill work but otherwise it was in good structural shape . Mr . Austen asked if he planned on doing anything to that building and Mr . Albanese responded that he was just going to paint at this time . There was no one from the public in favor or opposed to this appeal . • There being no further discussion a motion was then made by Joan Reuning as follows : r . 5 • It is moved that Special Approval be granted for a living room addition on Mr . Albanese ' s property as indicated on his drawings , the following findings having been made : 1 . It will enhance the property . 2 . No one appeared to oppose . 3 . This is a non - conforming use property , 4 . There will be no increased density . 5e it is in conformance with Article XIV , Section 77 , Paragraph 7 , which reads as follows . The Board of Appeals shall also hear and decide all matters referred to it or upon which it is required to pass by the terms of this ordinance . In deciding such matters referred to it by the terms of this ordinance and in granting special approval the Board of Appeals shall determine that : a . The health , safety , morals and general • welfare of the community in harmony with the general purpose of this ordinance shall :be promoted , except that as to all public buildings and educational buildings wherein the principle use is research , administration , or instruction , the same shall be presumed to exist . b . The premises are reasonably adapted to the proposed use , and that such use , except as to public and educational buildings , will fill a neighborhood or community need . c . The proposed use and the location and design of any structure shall be consistent with the character of the district in which it is located . d . The proposed use shall not be detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants . e . The proposed access and egress for all structures and uses shall be safely designed . • f . The general effect of the proposed use upon the community as a whole , including such • 6 • items as trafficload upon public streets and load upon water and sewerage systems is no, t detrimental to the health , safety and general welfare of the community . The motion was seconded by Edward Austen and voted upon as follows : Aye - Aron , Reuning , Austen , Hewett Nay - None The motion was unanimously carried . There being no further business to come before the Board the meeting was adjourned at 7 : 45 p . m . Respectfully submitted , 1 eatrice Lincoln • Recording Secretary • •