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HomeMy WebLinkAboutZBA Minutes 1991-02-13 A L IM 'OWN OF ITHACA Dere TOWN OF ITHACA Clerk - ZONING BOARD OF APPEALS FEBRUARY 13 , 1991. THE FOLLOWING MATTER WAS HEARD ON FEBRUARY 13 , 1991 BY THE BOARD . ADJOURNED APPEAL ( FROM JANUARY 23 , 1991 ) OF HOYT D . BENJAMIN , APPELLANT , REQUESTING VARIANCE OF THE REQUIREMENTS OF ARTICLE XIII , SECTION 65 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO MAINTAIN A FENCE WITH A HEIGHT , AT SECTIONS , OF 8 ' , AT 1013 TAUGHANNOCK BOULEVARD , TOWN OF ITHACA TAX PARCEL NO , 6 - 21 - 2 - 22 , RESIDENCE DISTRICT R- 15 . SAID ORDINANCE PERMITS A FENCE HEIGHT OF NO MORE . THAN 6 FEET . GRANTED WITH CONDITION a FUM Town of Ithaca TOWN OF ITHACA 1 Zoning Board of Appeals 21411 February 13 , 1991 Cierk �r � TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 13 , 1991 PRESENT : Chairman Edward Austen , Edward King , Joan Reuning , Robert Hines , Town Attorney John Barney , Zoning Enforcement Officer/ Building Inspector Andrew Frost . OTHERS PRESENT : Manning Woolley , Phil Zarriello , Jane Schafrik , Hoyt Benjamin , Robert Mead , name ( illegible ) . Chairman Austen opened the meeting 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 Appeal on the Agenda was the following : ADJOURNED APPEAL ( FROM JANUARY 23 , 1991 ) OF HOYT D . BENJAMIN , APPELLANT , REQUESTING VARIANCE OF THE REQUIREMENTS OF ARTICLE XIII , SECTION 65 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO MAINTAIN A FENCE WITH A HEIGHT , AT SECTIONS , OF 81 , AT 1013 TAUGHANNOCK BOULEVARD , TOWN OF ITHACA TAX PARCEL NO . 6 - 21 - 2 -22 , RESIDENCE DISTRICT R- 15 , SAID ORDINANCE PERMITS A FENCE HEIGHT OF NO MORE THAN 6 FEET . Chairman Austen read a letter from Rebecca S . Benjamin , dated January 24 , 1991 and attached hereto as ' Exhibit # 1 . Mr . Zarriello spoke to the Board regarding the letter from Mrs . Benjamin . Mr . King stated that the slope of land on this property varies . The area where the fence exceeds the 6 foot limit is a very small area as can be seen from Mr . Frost ' s photographs . He said the slope of the land at the lake is the practical difficulty in this matter and he believes a variance should be granted . Discussion followed concerning what could be done to make the fence more pleasant on Mr . Zarriello ' s side . Mr . Zarriello stated that if there were vines or bushes planted on his side of the fence , it would be a help to the ® solution to the problem . Town of Ithaca 2 Zoning Board of Appeals February 13 , 1991 Mr . Benjamin stated that he had offered Mr . Zarriello the opportunity of building the fence on the property line , building it together and splitting the cost and making it equally as attractive on both . sides when built and Mr . Zarriello did not take that option . Mr . Benjamin said that he has built the fence well within his property line , in some places by as much as two feet . The way Mr . Zarriello is about property , Mr . Benjamin said he does not want him on his property . Mr . Benjamin further stated that he does not feel the fence is that far out of compliance and it would a hardship for him to cut the fence . He said that he would like to keep the fence the way it is . Mr . Benjamin remarked that Mr . Zarriello can plant whatever he wants on his side of the fence and he will not say a thing but he does not think he should have to decorate something for Mr . Zarriello when he had the opportunity to have it the way he wanted it when it was built . MOTION ® By Mr . Edward King , seconded by Mr . Robert Hines . RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a conditional variance to Mr . Hoyt Benjamin to maintain the fence as constructed at 1013 Taughannock Boulevard in those areas where it exceeds the allowed 6 feet , with the following condition . 16 that the variance shall expire on October 1 , 1991 unless Mr . Benjamin and Mr . Zarriello can come to an agreement on the matter of the fence . If an agreement cannot be reached the fence shall be cut to the height of 6 feet within 30 days from October 1 , 1991 . A vote on the motion resulted as follows : Ayes - King , Hines , Reuning , Austen . Nays - None . The motion carried unanimously . Proposed Local Law Amending the Town of Ithaca Zoning Ordinance Requiring Site Plan Approval for Certain Construction in Various Residential Districts of the Town Chairman Austen referred to a cover memo and a proposed • local law from John Czamanske , Planning Technician , attached hereto as Exhibit # 2 . Town of Ithaca 3 Zoning Board of Appeals February 13 , 1991 Town Attorney Barney explained the proposed amendment to the Board members and discussion followed . MOTION : By Mr . Edward King , seconded by Mr . Robert Hines : RESOLVED , that the Town of Ithaca Zoning Board of Appeals go and hereby does go on record to the Town Board that it is not in favor of this particular proposed amendment to the Zoning Ordinance , and be it further RESOLVED , that , Board member Hines will prepare a follow-up letter to the Town Board regarding said proposed amendment . A vote on the motion resulted as follows : Ayes - King , Hines , Reuning , Austen . Nays - None . The motion was carried unanimously . Interviewing of Candidates for Zoning Board of .Appeals Vacancy Chairman Austen explained that the term of office for the vacancy on the Zoning Board of Appeals will expire on December 31 , 1991 . Chairman Austen stated that there are five candidates to be interviewed but only three were able to make the meeting this evening . The other two will be interviewed at the next meeting of the Zoning Board of Appeals . Mrs . Jane Schafrik , 1491 Trumansburg Road , Mr . Manning W . Woolley , 133 Glenside Road , and Mr . Robert H . Mead , 222 Enfield Falls Road were interviewed by the Board and expressed their interest and willingness to serve as a member of the Board . Adz ournment The meeting adjourned at 8 : 30 p . m . Connie J . Holcomb Recording Secretary XRO ste Chair B & W SUPPLY COMPANY 510 THIRD STREET aw ITHACA, NEW YORK 14850 ® (607) 273-5300 Jan . 24 , 1991 Town of Ithaca Board of Zoning Appeals 126 E . Seneca St . Ithaca , NY 14850 Dear Members : As I was unable to attend last nights meeting our variance for fence heighth there are some points I would like to make concerning our appeal . My main reason for feeling a reduction in fence heighth would constitute a hardship is the difference in lifestyles between ourselves and our neighbors at 1011 Taughannock Blvd . Our lifestyle is family oriented and Phil ' s is not . We are the parents of a two year old son and are expecting another child in June . If you examine the yard area surrounding our house , you will see that our stone patio is the only play area that our children have . We have fenced that in for their protection . Our house and Phil ' s house are very close together . The fence gives us much needed privacy . This is especially true if we are on our upper deck , as Phil and his tenants spend much of their time on the ground area on the other side of our fence . Hoyt and I are both working parents and treausre the time on weekends and weeknights , that we have with our family . In the summer that time is spent outside . I am sorry that this issue has been blown out of proportion . Phil has admitted to us that the fence is of no real concern to him . He is just upset that we were granted a permit to build a boathouse on the lake . He feels this will block his view - with no regard to the fact that he also has a boathouse that blocks our view . Please feel free to come to our house and examine our property and the fence in question . Thank you for your time and consideration . Sincerely , I'V, i ( ;/ ® Rebecca S . Benjamin 1013 Taughannock Blvd . Memorandum 29 January , 1991 To : Planning Board From : John Czamanske , Planning Technician Sub7 : Proposed Local Law re . Site Plan Approval for Certain Construction in Various Residential Districts Attached is a proposed local law on site plan approvals which was approved by the Codes and Ordinances Committee . ( COC ) at its meeting of 9 January , 1990 . The document has been revised as requested by the COC and forwarded to the Planning Department by Town Attorney , John C . Barney . As directed by the COC , this proposed local law is hereby forwarded for your consideration and possible recommendation to the Town Board . Copy : Board of Zoning Appeals - Codes and Ordinances Committee Attachment SPA LL , Ith , 12 / 21/ 90 , 9 : 50 a . m . TOWN OF ITHACA LOCAL LAW NO , OF THE YEAR 19 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REQUIRING SITE PLAN APPROVAL FOR CERTAIN CONSTRUCTION IN VARIOUS RESIDENTIAL DISTRICTS OF THE TOWN . Be it enacted by the Town Board of the Town of Ithaca as follows : The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised effective February 26 , 1968 , and subsequently amended , be further amended as follows : 1 . Article II -A , Section 3C , subdivision 6 , is hereby amended by deleting the last sentence thereof and inserting instead the following : " The application for such approval shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same . If the Zoning Board of Appeals approves same , and if only a preliminary site plan was approved by the Planning Board , the matter shall be returned to the Planning Board for final site plan approval . The site plan approval process shall be as set forth in Article IX . No building permit shall be issued unless the proposed structure is in accordance with the final site approved by the . Planning Board . " 2 . Article III , Section 4 , is hereby amended by deleting subdivisions 3 , 4 , 5 , 6 , 71 11 , and 12 and inserting a. new subdivision 3 reading as follows : " The following uses but only upon receipt of a special approval for same by the Board of Appeals in accordance with the procedures described below : ( a ) Church or other places of worship , convent and parish house . ( b ) Public library , . public museum ; public , parochial or private school , nursery school , daycare center , fraternity or sorority houses , and any institution of higher learning including dormitory accommodations . • SPA LL , Ith , 12 / 21/ 90 , 9 : 50 a . m . ® ( c ) Publicly owned park or playground including accessory buildings and improvements . ( d ) Fire station or other public building necessary to the protection of or the servicing of a neighborhood . ( e ) Golf course except a driving range , or miniature golf course . ( f ) Hospital , provided that no building so used shall be within 100 feet of any street or within 150 feet of the lot line of any adjoining owner . ( g ) Nursing or convalescent home , or medical clinic . ( h ) The application for approval of any of the foregoing uses shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same . If the Zoning Board of Appeals approves same , and if only a preliminary site plan was approved by the Planning Board , the matter shall be returned to the Planning Board for final site plan approval . The site plan approval process shall be as set forth in Article IX . No . building permit shall be issued unless the .proposed structure is in accordance with the final site plan approved by the Planning Board . " .3 . Article III , Section 4 , . subdivisions 8 , 91 10 , 13 , 14 , 15 , 16 , 17 , 18 , and 19 , are renumbered subdivisions 4 , 51 61 7 , 8 , 9 , 10 , 11 , 12 , and 13 respectively . 4 . Article IV , Section 11 , subdivisions 3 , 4 , 5 , 6 , and 7 are hereby . . deleted. and the following new subdivision 3 inserted as follows : nThe . following uses but only . upon receipt of a special approval for same by the Board of Appeals in accordance with the procedures described below : ( a ) Church or other places of worship , convent and parish house . ( b ) Public library , public museum , public , parochial and private schools , daycare center , nursery school , and any institution of higher learning including dormitory accommodations . ( c ) Publicly owned park or playground including accessory buildings and improvements . SPA LL , Ith , 12 / 21/ 90 , 9 : 50 a . m . ® ( d ) Fire station or other public building necessary to the protection of or the servicing of a neighborhood . ( e ) Golf course , except a driving range , or miniature golf course . ( f ) The application for approval for any of the foregoing uses shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same . If the Zoning Board of Appeals approves same , and if only a preliminary site plan was approved by the Planning Board , the matter shall be returned to the Planning Board for final site plan approval . The site plan approval process shall be as set forth in Article IX . No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board . " 5 . Article IV , Section 11 , subdivisions 8 , 91 100, 11 , and 12 are renumbered 4 , 51 61 7 and 8 respectively . 6 . Article V , Section 18 , is hereby amended by deleting subdivisions 3 , 41 51 61 7 , 10 , and 11 and inserting instead the following : ' The following uses but only upon receipt of a special approval for same by the Board of Appeals in accordance with the procedures described below : ( a ) Church or other places of worship , convent and parish house . ( b ) Public library , public museum , public , parochial and private schools , daycare center , nursery school , and any institution of higher learning including dormitory accommodations . ( c ) Publicly owned park or playground including accessory buildings and improvements . ( d ) Fire station or other public building necessary to theprotection of or the servicing of a neighborhood . ( e ) Golf course , except a driving range or miniature golf course . ( f ) Hospital , provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner . r SPA LL , Ith , 12/ 21/ 90 , 9 : 50 a . m . ® ( g ) Nursing or convalescent home , or medical clinics . ( h ) The application for approval of any of the foregoing uses shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same . If the Zoning Board of Appeals approves same , and if only a preliminary site plan was approved by the Planning Board , the matter shall be returned to the Planning Board for final site plan approval . The site plan approval process shall be as set forth in Article IX . No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board , 7 . Article V , Section 18 , is further amended by renumbering subdivisions 8 , 9 , 12 , 13 , 14 , 15 , 16 , 17 , and 18 to be subdivisions 4 , 5 , 6 , 7 , 81 9 , 10 , 11 , and 12 respectively . 8 . This local law shall take effect upon its publication as required by law . • ® AFFIDAVIT OFPUBLICATION 1HE ITHACA JOURNAL TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS .1 State of New York , Tompkins County , ss . ; WEDNESDAY, FEB. 13, 1991 1"7:00 P. M. , By direction of the Chairman ; Gail Sullins beim dulysworn , deposes and of the Zoning Board of Ap' p peals NOTICE is HEREBY GIVEN ' that a Public Hearing will bei says , that she/ he resides in Ithaca , county and state aforesaid and that held by the Zoning Board of Clerk Appeals of the Town of Ithaca she/he is on Wednesday, February 13, 1991 , in Town Hall , 126 East of The Ithaca Journal a public newspaper printed and published in Seneca Street, (FIRST Floor,'REAR Entrance , West Side ), , Ithaca, N. Y. , COMMENCING! Ithaca aforesaid , and that a notice , of which the annexed is a true AT 7 :00 P. M. , on the following) matter. � 11 cop , was published in said paper ADJOURNED APPEAL (from. January 23, 1991 ) of Hoyt D. R^, Benjamin, Appellant, request_ C. .r � ing variance of the require.i - ments of Article XIII, Sectio 65, of the Town of Ithaca Zonn-� ing Ordinance, to maintain a fence with a height, at sec- tions, of 8', at 1013 Taugghan- nock Boulevard, Town of ' Itha- ca Tax Parcel No . 6-21 -2-22, ) nd that the first publication of said notice was on the g Residence District R- 15. Said Ordinance permits a fence 1 day 9 of 1 height of no more than 6 feet. l' � 7 Said Zoning Board of Appeals ' will at said time, 7:00P. m. , 1 and said place, hear all per- 9 ' sons in support of such matter 1 or objections thereto. Persons I may appear by agent or in •I person. Andrew S. Frost Su ib d and sworn to before me , this day Building Inspector/Zoning t Enforcement Officer Ot 19 � Town of Ithaca . 273- 1747 February 8, 1991 Notary Public . JEAN FORD ^dotary Public, State of New York No. 4654410 Qualified in Tcmpki „ s County r Commission expires May 31 , 19 . . � I