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HomeMy WebLinkAboutZBA Minutes 1990-07-25 FILED TOWN OF ITHACA Date �/_ ?o • Clerk -TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 25 , 1990 THE FOLLOWING ARE THE APPEALS THAT WERE HEARD ON JULY 25 , 1990 BY THE BOARD . APPEAL OF NELSON H . EDDY , APPELLANT , REQUESTING VARIANCE OF THE REQUIREMENTS OF ARTICLE XI , SECTION 51 , AND ARTICLE V , SECTION 18 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CONSTRUCTION OF A SINGLE— FAMILY HOME IN AN AGRICULTURAL DISTRICT ( RESIDENCE DISTRICT R- 30 REGULATIONS APPLY ) ON TOWN OF ITHACA TAX PARCEL NO . 6 - 32 - 1 - 18 . 2 , 116 . 79 + OR — ACRES , LOCATED AT 430 BOSTWICK ROAD AND PRESENTLY CONTAINING A SINGLE— FAMILY HOME . SAID ORDINANCE PERMITS ONLY ONE RESIDENTIAL BUILDING ON A SINGLE PARCEL OF LAND . WITHDRAWN/MOOT APPEAL OF FRANK WAYNO , APPELLANT , LEE Be TEMPLE , AGENT , REQUESTING THE AUTHORIZATION OF THE BOARD OF APPEALS TO PERMIT THE PROPOSED EXTENSION OF A NON—CONFORMING 10BUILDING/ LOT LOCATED AT 110 RENWICK DRIVE , TOWN OF ITHACA TAX PARCEL NO , . 6 - 17 - 3 - 16 . 11 RESIDENCE DISTRICT R- 15 . THE EXTENSION PROPOSED IS THE ADDITION OF LIVING SPACE TO THE NORTH SIDE OF AN EXISTING SINGLE —FAMILY RESIDENCE , WITH A PROPOSED NORTH SIDE YARD BUILDING SETBACK OF 21 . 25 + OR — FEET , , 25 FEET BEING REQUIRED FOR IRREGULAR—SHAPED LOTS . IN ADDITION , THE SUBJECT ' RESIDENCE HAS AN EXISTING REAR YARD BUILDING SETBACK OF 33 . 6 FEET , 50 FEET BEING REQUIRED . AUTHORIZATION IS REQUESTED UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE . GRANTED WITH CONDITIONS APPEAL OF JANE H . DUNN , APPELLANT , REQUESTING VARIANCE OF THE REQUIREMENTS OF ARTICLE IV , SECTION 14 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CONSTRUCTION OF A GARAGE WITH ADDITIONAL LIVING SPACE , TO BE LOCATED 10 + OR -FEET FROM THE NORTH SIDE YARD LOT LINE AT 110 NORTHVIEW ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 52 - 2 - 8 . 1 , RESIDENCE DISTRICT R- 15 . SAID ORDINANCE REQUIRES A SIDE YARD BUILDING SETBACK OF 15 FEET . GRANTED WITH ONE CONDITION FWD TOWN OF ITHACA Date �� r X990 • Town of Ithaca Cler 1 Zoning Board of Appeals July 25 , 1990 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 25 , 1990 PRESENT : Chairman Henry Aron , Edward King , Robert Hines , Edward Austen , Joan Reuning , Zoning Enforcement Officer/ Building Inspector Andrew Frost , Town Attorney John Barney . OTHERS PRESENT : Jacqueline Eddy , Pamela Eddy , Nelson H . Eddy , Paul Jacobs , L . Temple , A . William Gallagher , Jane H . Dunn , Bill Bryant , Frank Wayno . Chairman Aron called the meeting to order at 7 : 05 p . m . and stated that all posting , publication and notification of the public hearing had been completed and that proper affidavits of same were in order . The first Appeal on the Agenda was the following . • APPEAL OF NELSON H . EDDY , APPELLANT , REQUESTING VARIANCE OF THE REQUIREMENTS OF ARTICLE XI , SECTION 51 , AND ARTICLE V , SECTION 18 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CONSTRUCTION OF A SINGLE - FAMILY HOME IN AN AGRICULTURAL DISTRICT ( RESIDENCE DISTRICT R- 30 REGULATIONS APPLY ) ON TOWN OF ITHACA TAX PARCEL NO . 6 - 32 - 1 - 18 . 2 , 116 . 79 + OR - ACRES , LOCATED AT 430 BOSTWICK ROAD AND PRESENTLY CONTAINING A SINGLE - FAMILY HOME . SAID ORDINANCE PERMITS ONLY ONE RESIDENTIAL BUILDING ON A SINGLE PARCEL OF LAND . Mr . King excused himself from the Appeal as he has a matter as a Trustee of a charitable organization with Mr . Eddy ' s brother . Chairman Aron read the Appeal into the record . Mr . Eddy appeared before the Board and explained the reason for the Appeal is that he wants to build a house for his son . Mr . Paul Jacobs , Builder , stated to the Board that they thought it would expedite the procedure by getting a variance so they can get the house built rather than sub - dividing the property at this time . Chairman Aron referred to a petition that was signed by neighbors of the Eddys . The petition is attached hereto as Exhibit # 1 . • Town of Ithaca 2 Zoning Board of Appeals July 25 , 1990 Chairman Aron referred to Part III of the Environmental Assessment Form , signed by Asst . Town Planner George Frantz on July 18 , 1990 , attached hereto as Exhibit # 2 . Chairman Aron opened the public hearing . No one appeared to address the Board . Chairman Aron closed the public hearing . Town Attorney Barney questioned why there is a need for the Appeal at all . This is an Agricultural District Zone . He referred to Section 68 of the Ordinance . Discussion followed regarding whether or not Mr . Eddy needs to seek a variance for the proposed house . It was the consensus of the Board , agreed with by the Town Attorney that as long as Mr . Eddy builds this house for his son who is going to be working on the farm with his father , there is no need for a variance nor a need for Mr . Eddy to sub - divide the property . If , at some time the property is sold , then the property would have to be sub - divided or a variance would have to be sought . Chairman Aron asked Mr . Eddy if he understands that . Mr . Eddy replied , yes . After further discussion , Mr . Eddy withdrew his Appeal application . With the agreement of the Board , Chairman Aron declared the matter moot . The second Appeal on the Agenda was the following . APPEAL OF FRANK WAYNO , APPELLANT , LEE Be TEMPLE , AGENT , REQUESTING THE AUTHORIZATION OF THE BOARD OF APPEALS TO PERMIT THE PROPOSED EXTENSION OF A NON-CONFORMING BUILDING/ LOT LOCATED AT 110 RENWICK DRIVE , TOWN OF ITHACA TAX PARCEL NO , 6 - 17 - 3 - 16 . 1 , RESIDENCE DISTRICT R- 15 . THE EXTENSION PROPOSED IS THE ADDITION OF LIVING SPACE TO THE NORTH SIDE OF AN EXISTING SINGLE-FAMILY RESIDENCE , WITH A PROPOSED NORTH SIDE YARD BUILDING SETBACK OF 21 . 25 + OR - FEET , 25 FEET BEING REQUIRED FOR IRREGULAR-SHAPED LOTS . IN ADDITION , THE SUBJECT RESIDENCE HAS AN EXISTING REAR YARD BUILDING SETBACK OF 33 . 6 FEET , 50 FEET BEING REQUIRED . AUTHORIZATION IS REQUESTED UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Mr . Frank Wayno appeared before the Board and explained the proposed addition . • Town of Ithaca 3 Zoning Board of Appeals July 25 , 1990 Mr . Frost presented photos of the house in question to the Board . Mr . Hines stated that he would like to be excused from hearing the Appeal as he represents the current owner of the house . He said that the house was sold under land contract to Mr . Wayno and the closing for the property will not take place for another two or three weeks . The land contract provides that no additions or changes will be made to the premises until such closing takes place . Chairman Aron excused Mr . Hines from the Appeal . Mr . Wayno stated that they are currently closing on their house in New Jersey on August 8th and then the next day they are scheduling a closing on this house to pay off the land contract so then he will take title to the property on the 9th . He explained that they knew they had the restriction in the land contract and obviously no construction would be started on this matter until they have finalized the arrangement . Chairman Aron opened the public hearing . No one appeared to address the Board . Chairman Aron closed the public hearing . Mr . Wayno stated that he has spoken to the neighbors ( Buttels ) who own the adjacent property . He has no concern about the addition . There is a considerable wall of trees and shrubbery between the two properties . Town Attorney Barney asked Mr . Wayno is he has asked the current owner , Mr . Markowitz , for permission to go ahead with this . Mr . Wayno stated that when they originally closed on the house , Mr . Markowitz knew that he was going to be requesting permission to do something like this , and he knew that Mr . Wayno was looking into the matter but he has not actually asked him for permission . Mr . Frost stated that under the old ordinance where we did not have the rectangle requirement and increased setbacks , this lot would be conforming and it ' s conceivable , based on the recommendations of the Codes and Ordinance Committee , that if the law is amended this individual would get a building permit . • Town of Ithaca 4 Zoning Board of Appeals July 25 , 1990 MOTION By Mr . Edward Austen ; seconded by Mrs . Joan Reuning . RESOLVED , that the Town of Ithaca Zoning Board of Appeals gives permission and authorizes the addition of a structure not to exceed 13 ' to the North and approximately 23 ' in width as a breakfast area off the kitchen of this existing home , with the following conditions and findings . 16 it shall not be closer than 21 ' to the northerly lot line , 2a the proposed extension on the northerly side of the house be otherwise in conformance with the drawings by Lee Temple , Architect , dated June 27 , 1990 , which contain a site plan and which have been presented to the Board , 3 . that Mr . Wayno obtain the written consent of the present title owner of the property to the proposed extension or present a deed showing that Mr . Wayno is the owner of the property . 4a no one appeared before the Board in opposition to the proposed addition , 5o the proposed addition is in conformance with Section 77 . 7 , subdivision a - f . The voting on the motion was as follows : Ayes - Austen , Reuning , Aron , King . Nays - None . The motion was carried unanimously . The last Appeal on the Agenda was the following : APPEAL OF JANE H . DUNN , APPELLANT , REQUESTING VARIANCE OF THE REQUIREMENTS OF ARTICLE IV , SECTION 14 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT# THE CONSTRUCTION OF A GARAGE WITH ADDITIONAL LIVING SPACE , TO BE LOCATED 10 + OR -FEET FROM THE NORTH SIDE YARD LOT LINE AT 110 NORTHVIEW ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 52 - 2 - 8 . 1 , RESIDENCE DISTRICT R- 15 . SAID • ORDINANCE REQUIRES A SIDE YARD BUILDING SETBACK OF 15 FEET . Town of Ithaca 5 Zoning Board of Appeals July 25 , 1990 Mrs . Jane Dunn appeared before the Board and explained the reason for requesting the variance . Mr . King asked Mrs . Dunn the proposed size of the addition . Mrs . Dunn responded that it is 22 ' x 221 . Chairman Aron asked Mrs . Dunn how long she has been living in the house . Mrs . Dunn replied that they have been there about one and one -half years . Mr . Frost asked Mrs . Dunn what is going to happen to the existing garage . Mrs . Dunn said that hopefully they are going to turn it into a family room . Mrs . Dunn presented two letters to Chairman Aron which - he read into the record . The letters are from Robert and Barbara • Cotts , dated July 23 , 1990 , and Mrs . Margaret S . Christie , dated July 25 , 1990 . The letters are attached hereto as Exhibits # 3 and # 4 . Chairman Aron opened the public hearing . Mr . Bryant spoke to the Board on behalf of the proposal . He stated that he and Mrs . Dunn - Bryant have 6 children altogether and they need the space that the addition would allow them . Chairman Aron closed the public hearing . After further discussion , . Chairman Aron asked for a motion from the Board members . MOTION By Mr . Edward King ; seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant the area variance for the proposed addition at 110 Northview Road with the following conditions and findings . 16 that the northernmost extension of the addition ( the • northeast corner ) will not be closer than 10 feet to the north lot line , • Town of Ithaca 6 Zoning Board of Appeals July 25 , 1990 2 . that Mrs . Dunn has made a significant case of hardship to have to construct the proposed addition in any other fashion ; 3 . . that to try to move the addition to such a position that she would maintain a 15 - foot side yard instead of having a side yard of only 10 feet or so would require a significant additional investment because she would not be able to use existing support - beams and would have to change the roof line , 4e that extension into the side yard by as much as 5 feet is a relatively insignificant departure from the requirements for a side yard in this zone because the proposed addition includes a garage which is permitted to be within 10 feet of the side yard and it is only the fact that the garage will contain living space above it that would bring it into the 15 - foot side yard requirement , 59 that no one appeared in opposition and the Neighborhood • Association favors the proposal ; 6e that it would seem to have a minimum impact on the neighbor most significantly affected , 7 * that to deny Mrs . Dunn the right to make the addition is an economic hardship under the circumstances . The voting on the motion was as follows . Ayes - King , Reuning , Aron , Austen , Hines . Nays - None . The motion was carried unanimously . The meeting was adjourned at 8 : 10 p . m . NOTE : THE NEXT MEETING OF THE ZONING BOARD OF APPEALS WILL BE ON AUGUST 15 , 1990 . & 4 Connie Jil. Holcomb Recording Secretary APPROVED : Henry Aron , Chairman y V ' C l ^/ /J C .LU Id 0 cu O j t, .1 .111 1 gill -fel� � �. . �' ��.----� � . � Com`• 13=� �� ,;�, ��; - - . _ . . . - C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? None anticipated . C6 . Long term short term cumulative or other _ effects not identified in Cl - 05 ? None anticipated . C7 . Other impacts ( including changes in use_ of either uantit or t e of ever ? None anticipated . D . Is _ there , or is there likely to be controversy related to Potential adverse environmental im acts ? No controversy related to potential adverse environmental impacts is anticipated . PART III Because of the relatively small scale and character of the activity for which a variance is requested , and the fact that it is a permitted use in the Town of Ithaca Agricultural District , a negative determination of environmental significance is recommended for this action . However it must be noted that the grant of the required variance may result in the establishment of a precedent which may facilitate similar requests for variances elsewhere in the Town of Ithaca , and which may result in a cumulatively significant adverse impact to community land use plans and goals as officially adopted . Lead Agency: Town of Ithaca Zoning Board of Appeals Reviewer : George R . Frantz , Asst , Town Planner Review Date * July 18 , 1990 o � V • 115 11orthview Road Ithaca , New York 14850 July 23 , 1990 Town of Ithaca Zoning Board of Appeals 110 Morthview Road ( Town of Ithaca Tax Parcel No . 6 -52 - 2 - 8 . 1 , Residence District R-15 ) is across Northview Road and two houses down from our house . On the condition that the property owners ipnediately adjoining the proposed -addition side of 110 Northview Road have no objections , we endorse the variance of re - quirements of Article IV , Section 14 of the zoining ordi- nance enabling the Appellant Jane H . Dunn to construct a garage and additional living space to be located about 10 feet from the northside lot lire . (,de are glad to see the addition has been moved forward for maximum distance . ) There is precedent for such a variance on Northview Road now . The house with the addition would be eery much in keeping with other properties on the circle . Sincerely , Robert and Barbara Cotts 115 Northview Road AFFIDAVIT OF PUBLICATION • TOWN OF ITHACA ZONIN%v j BOARD OF APPEALS, NOTICE i OF PUBLIC HEARINGS , ' WEDNESDAY, JULY 25, 1990, 7 :00 P. M. B direction of the Chairman T11ACA JINAL of the Zoning Board Ap- TIM peals NOTICE IS HEREBY ' I GIVEN that Public Hearings rings i will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, July' 2s, , 990, in Town Hall , 126 State of New York , Tompkins County , ss . : East Seneca . Street, -(FIRST , Floor, REAR Entrance, WEST Gail Sullins being duly sworn , deposes and Side ), Ithaca, N. Y. , COM- ' MENCING AT 7:00 P. M. , ' on. the following matters. says , that she/he resides in Ithaca , county and state aforesaid and that APPEAL of Nelson H . Eddy, Ap pellant, requesting variance she/he is Clerk of the requirements of Article . XI , Section 51 , and Article V, of The Ithaca Journal a public newspaper printed and published in Section 19, of the Town of Ithaca Zoning Ordinance, to permit the construction of, a Ithaca aforesaid , and that a notice , of which the annexed is a true single-family home in on Ag- ricultural District (Residence copy , was published in said paper District R-30 regulations apply) on . Town of Ithaca Tax Parcel No. 6-32- 1 - 18. 2, 116. 79 + /-• acres, located at 430 Bostwick - Road and presently containing a single-family home. Said ' Ordinance permits only one residential building on a sin. • gle parcel of land. APPEAL of Frank Wayno, Ap- pellant, Lee B. Temple , Agent, requesting the authorization and that the first publication of said notice was on the -2 d of the Board of Appeals to permit the proposed extension of o non-conforming building- ay of �J t 19 enwick Drive, Town of at118 Tax Por- c40el No. 6- 17-3- 16. 1 , Residence � � 9 District R- 15. The extension c: C � proposed is the addition of liv- ing space to the north side of an existing single-family resi- dence, with aproposed north side yard building setback of Subscrl d and sworn to before me , this 20 day 21 . 25 + /- feet, 25 feet beingi � / required for irregular-shaped 1. Of 19 � lots. In addition, the subject Z ( residence has an existing rear i yard building setback of 33. 6 feet, feet being required. Authorization is requested un- / der Article XII, Section 54, of the Town of Ithaca Zoning Or- dinance.Public . APPEAL of Jane H . Dunn, Ap- JEAN pellant, requesting variance of the requirements of Article PUh� ICState of New York IV, Section 14, of the Town of NotarN , y Ithaca Zoning Ordinance, to No. 465 - 410 permit the construction of a garage with additional living Qualified in TomPklns County space, to be located 10 + /- ' feet from the north side yard Commi31ssion expires May 1190 lot line at 110 NorthviewRoad, Town of Ithaca Tax Par- cel No. 6-52-2-8. 1 , Residence District R- 15. Said Ordinance requires a side yard building setback of 15 feet. Said Zoning Board of Appeals will at said time , 7:00p. m. , and said place, hear all per. sons in support of such matters or objections thereto. Persons may appear by agent or in person . Andrew S. Frost, Building Inspector/ Zoning Enforcement Officer, Town of Ithaca - 273- 1747.1 July 20, 1990 �2 d