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HomeMy WebLinkAboutZBA Minutes 1992-06-10 FILED TOWN Of ITHACA Date a ® TOWN OF ITHACA CI ZONING BOARD OF APPEALS JUNE 10 , 1992 THE FOLLOWING MATTERS WERE HEARD ON JUNE 10 , 1992 BY THE BOARD : APPEAL OF ALBERT JINKS , APPELLANT , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE ENLARGEMENT OF A NON - CONFORMING _ BUILDING / LOT LOCATED AT 1460 HANSHAW ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 70 - 10 - 3 . 9 , RESIDENCE DISTRICT R - 15 . SAID ENLARGEMENT CONSISTS OF THE EXTENSION OF AN EXISTING OUTSIDE WOOD DECK LOCATED 9 FEET ( + OR - ) FROM THE WEST SIDE LOT LINE ( FIFTEEN FEET BEING REQUIRED ) . . GRANTED . APPEAL OF MARY L . RUSSELL AND DAVID L . RUBIN , APPELLANTS , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V , SECTION 20 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING 33 FEET IN HEIGHT , LOCATED IN THE NORTHWEST SIDE YARD OF 955 CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL N0 . 6 - 47 - 2 - 6 . 1 , RESIDENCE DISTRICT R - 30 , ACCESSORY BUILDING HEIGHT IS RESTRICTED TO 15 FEET AND THEIR LOCATION TO REAR YARDS ONLY . THE PROPOSED BUILDING WILL CONTAIN HORSE STABLES IN THE • LOWER LEVEL AND A TWO - CAR GARAGE IN THE UPPER BUILDING LEVEL . GRANTED . APPEAL OF MATTHEW WALL AND ROBERT HARRIS , APPELLANTS , BRUCE BARKLEY , AGENT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V . SECTION 18 , PARAGRAPH 10 , OF THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A RESIDENTIAL BUILDING 32 FEET IN HEIGHT ( 30 FOOT MAXIMUM HEIGHT PERMITTED ) , ON A PORTION OF RECENTLY - SUBDIVIDED TOWN OF ITHACA TAX PARCEL NO . 6 - 36 - 1 - 7 , KNOWN AS 1172 AND 1176 DANBY ROAD , RESIDENCE DISTRICT R - 30 . GRANTED . • FILED TOWN OF ITHACA Date-?$W: Town of Ithaca Cler Zoning Board of Appeals June 10 , 1992 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 10 , 1992 PRESENT : Chairman Edward Austen , Edward King , Robert Hines , Building Inspector / Zoning Enforcement Officer Andrew Frost , Town Attorney John Barney . ABSENT : Ms . Joan Reuning , Mr . Pete Scala , OTHERS PRESENT : Al Jinks , Steven Blais , Bill Smith , Mary Russell , Bruce Barkley . Chairman Austen called the meeting to order at 7 : 00 p . m . and stated that all posting , publication and notification of the meeting had been completed and are in order . The first Appeal to be heard by the Board was the following $ APPEAL OF ALBERT JINKS , APPELLANT , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE ENLARGEMENT OF A NON - CONFORMING BUILDING / LOT LOCATED AT 1460 HANSHAW ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 70 - 10 - 3 . 9 , RESIDENCE DISTRICT R - 15 , SAID ENLARGEMENT CONSISTS OF THE EXTENSION OF AN EXISTING OUTSIDE WOOD DECK LOCATED 9 FEET ( + OR - ) FROM THE WEST SIDE LOT LINE ( FIFTEEN FEET BEING REQUIRED ) . Mr . Albert Jinks appeared before the Board and explained that the steps to the present deck are rotten and they wish to replace the whole deck and in doing so they wish to increase the length of the deck by four feet toward the road . He stated that by increasing the size of the deck , it will make for a more appropriate use of the deck . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Environmental , - Assessment Chairman Austen noted that the Short Environmental Assessment Form as reviewed by Richard Eiken , Planner I , recommends a negative determination . MOTION • By Mr . Robert Hines , seconded by Mr . Edward King : Town of Ithaca 2 ® Zoning Board of Appeals June 10 , 1992 RESOLVED , that the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative determination of environmental significance with respect to this anticipated extension of the deck as requested by Mr . Jinks , based on the recommendations of the Town Planning Department . A vote on the motion resulted as follows : Ayes - Hines , King , Austen . Nays - None . The Motion carried unanimously . MOTION By Mr . Robert Hines , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant the applicant , Mr . Albert Jinks , a variance to permit the reconstruction of the deck at 1460 Hanshaw Road , Tax Parcel No . 6 - 70 - 10 - 3 . 9 , to a size of 20 feet by 8 feet attached to the westerly side of the house , as described in the application , on the basis that the existing deck is in need of repair and the increased size structure will enhance the value and benefit the applicant , with the following findings : 1 . No one appeared in opposition to the proposed reconstruction . 2 . There will be no detriment to the neighborhood as a result of the proposed deck . 3 . The structure , as proposed to be renovated , appears to be substantially the same as the existing one and conforms to the other requirements of Section 77 , Paragraph 7 . A vote on the Motion resulted as follows : Ayes - Hines , King , Austen . Nays - None . The Motion carried unanimously . The second appeal to be heard by the Board was the following : APPEAL OF MARY L . RUSSELL AND DAVID L . RUBIN , APPELLANTS , • REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V . SECTION 20 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING 33 FEET IN HEIGHT , Town of Ithaca 3 Zoning Board of Appeals June 10 , 1992 LOCATED IN THE NORTHWEST SIDE YARD OF 955 CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 47 - 2 - 6 . 1 , RESIDENCE DISTRICT R - 30 . ACCESSORY BUILDING HEIGHT IS RESTRICTED TO 15 FEET AND THEIR LOCATION TO REAR YARDS ONLY . THE PROPOSED BUILDING WILL CONTAIN HORSE STABLES IN THE LOWER LEVEL AND A TWO - CAR GARAGE IN THE UPPER BUILDING LEVEL . Mr . Steven Blais introduced himself as the architect who is working with Mary Russell and David Rubin on the design for their proposed garage and horse stable . He described the neighborhood and the construction that is being proposed . He stated that there are several farm type homes in the area . He presented aerial view photos for the Board to look at . Chairman Austen opened the public hearing . Mr . Bill Smith , 950 Coddington Road , stated to the Board that he is the neighbor right across the road from Ms . Russell and Mr . Rubin and he has no objection to their proposed building . Chairman Austen closed the public hearing . Environmental Assessment MOTION By Mr . Robert Hines , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative determination of environmental significance for the construction of a building that will contain horse stables in the lower level and a two - car garage in the upper building level at 955 Coddington Road , as proposed by the appellants , Ms . Mary Russell and Mr . David Rubin , based upon the recommendations of the Town Planning Department dated June 1 , 1992 . A vote on the Motion resulted as follows : Ayes - Hines , King , Austen . Nays - None . The Motion carried unanimously . MOTION By Mr . Robert Hines , seconded by Mr . Edward King : Town of Ithaca 4 Zoning Board of Appeals ® June 10 , 1992 RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance to permit the construction of the accessory building , as proposed by the appellants , Ms . Mary Russell and Mr . David Rubins , at 955 Coddington Road , Tax Parcel No . 6 - 47 - 2 - 6 . 1 , with the following findings : 1n that the plans will not produce an undesirable change in the character of the neighborhood . 29 that a neighbor spoke in favor of the proposal . 3a that a large tract of land is involved in this project . A vote on the Motion resulted as follows : Ayes - Hines , King , Austen . Nays - None . The Motion carried unanimously . The last appeal to be heard by the Board was the following : • APPEAL OF MATTHEW WALL AND ROBERT HARRIS , APPELLANTS , BRUCE BARKLEY , AGENT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V , SECTION 18 , PARAGRAPH 10 , OF THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A RESIDENTIAL BUILDING 32 FEET IN HEIGHT ( 30 FOOT MAXIMUM HEIGHT PERMITTED ) , ON A PORTION OF RECENTLY - SUBDIVIDED TOWN OF ITHACA TAX PARCEL NO . 6 - 36 - 1 - 7 , KNOWN AS 1172 AND 1176 DANBY ROAD , RESIDENCE DISTRICT R - 30 . Mr . Bruce Barkley appeared before the Board and explained that the height restriction ( 30 feet ) imposes severe aesthetic restrictions to achieve an authentic colonial style home as drawn . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Environmental Assessment MOTION By Mr . Robert Hines , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative determination of environmental significance , with respect to the proposed construction of a • single - family residence with a building height of 32 feet on a portion of recently - subdivided Town of Ithaca Tax Parcel No . 6 - 36 - 1 - 7 , known as 1172 and 1176 Danby Road and , in particular , with the finding that the setback from the public highway is approximately 550 feet or more and approximately 400 feet + are owned by a third party so that there will not be any construction in that area . Town of Ithaca 5 Zoning Board of Appeals June 10 , 1992 A vote on the Motion resulted as follows : Ayes - Hines , King , Austen . Nays - None . The Motion carried unanimously . MOTION By Mr . Robert Hines , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance to the applicant , Mr . Matthew Wall , for the construction of a single family residence , as described in his application dated May 21 , 1992 , which will have on completion an overall height of 32 feet , whereas the Zoning Ordinance restricts height to 30 feet , with the following findings : 1 . that the subdivision was approved by the Planning Board at its meeting May 5 , 1992s ® 2 * that this lot comprises something over 3 acres with a setback from the Danby Road highway of approximately 500 feet . 3o that there is a substantial portion of the land between the highway and this residence owned by a third party which will insure that no other construction will be done by the applicant . 4e that the variance , as requested , is minimal and the impact on the neighborhood would be minimal . 50 that the house design was incorporated into the plans and does not produce an undesirable change in the architectural character of the neighborhood , especially I n view of the extensive setback . 6a that the proposal meets the requirements of Section 77 , Paragraph 7 . 7 , that the request for the additional height as expressed by the applicant is to achieve a colonial style structure , A vote on the Motion resulted as follows : • Ayes - Hines , King , Austen . Nays - None . Town of Ithaca 6 Zoning Board of Appeals June 10 , 1992 The Motion carried unanimously . ADJOURNMENT Upon Motion , the meeting was adjourned . Connie J . Holcomb Recording Secretary APPROVED BY : ": - i f" S� '� -Z. - -AL�� Edward Austen , Chairman