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HomeMy WebLinkAboutZBA Minutes 1993-04-28 q TOWN OF ITHACA � o ZONING BOARD OF APPEALS APRIL 28 , 1993 The following matter was heard an April 28 , 1993 by the Board : APPEAL OF JAMES K . HILKER , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE III , SECTION 7 AND 9 , OF THE TOWN OF ITHACA ZONING ORDINANCE AND SECTION 280A OF NEW YORK STATE TOWN LAW , TO BE ALLOWED TO CONSTRUCT A SINGLE -FAMILY RESIDENCE ON A PARCEL OF LAND THAT DOES NOT FRONT ON A TOWN , COUNTY , OR STATE HIGHWAY . THE PROPOSED RESIDENCE IS TO BE LOCATED AT 193 KENDALL AVENUE , TOWN OF ITHACA TAX PARCEL NO . 54 - 4 - 16 . 2 , RESIDENCE DISTRICT R- 9 . GRANTED WITH CONDITION . � 1 V1A�I OF ff,ffA `pi TOWN OF ITHACA - y ZONING BOARD OF APPEALS G APRIL 28 , 1993 PRESENT : Edward Austen , Edward King , Robert Hines , Harry Ellsworth , Pete Scala , Town Attorney John Barney , Zoning Enforcement Officer / Building Inspector Andrew Frost , OTHERS : James Hilker , Louis Bonanni . Chairman Austen called the meeting to order at 7 : 00 p . m . and stated that all posting , publication , and notification of the public hearings were completed and are I n order . The first and only Appeal to be heard by the Board was the following : APPEAL OF JAMES K . HILKER , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE III , SECTION 7 AND 9 , OF THE TOWN OF ITHACA ZONING ORDINANCE AND SECTION 280A OF NEW YORK STATE TOWN LAW , TO BE ALLOWED TO CONSTRUCT A SINGLE-FAMILY RESIDENCE ON A PARCEL OF LAND THAT DOES NOT FRONT ON A TOWN , COUNTY , OR STATE HIGHWAY . THE PROPOSED RESIDENCE IS TO BE LOCATED AT 193 KENDALL AVENUE , TOWN OF ITHACA TAX PARCEL, NO , 54-4- 16 . 2 , RESIDENCE DISTRICT R-9 . Mr . Hilker explained that the house is the correct size for that size lot and meets all the other setbacks . He said they just ran into the problem of ownership of the road right- of-way because it is not a used and maintained public roadway . He said the property falls about 200 feet past where the road pavement is now . Chairman Austen confirmed there is a road right- of way . Mr . Hilker said yes , you can see where the Kendall Avenue right- of -way continues across . He said it was platted by the Ithaca Land Company back in 1895 and it remains basically the same . Mr . Hines said it is a public way , never having been accepted by the Town , ala Worth Street . He said it is plotted on a map which there was an offer , but it was never accepted by the Town . He wanted to know about the surface condition of the road and what Mr . Hilker is planning to do with it because he is sure the Fire Department and the service agencies aren ' t going to be happy driving over it . Mr . Hilker said as far as pavement goes , there was some discussion back in 1990 that his father had and it seemed to be an agreement with all the property owners along that stretch of road , that they would split the cost of paving it , regardless of who did it , whether the Town paved it or an outside contractor . He said in the sale price he is setting aside some money in escrow to help in the cost of pavement , therefore it ' s not a shot .in the arm to his customers that he is building the house for , he has made them aware of that , and it is also stated in the contract . Mr . Hines asked how Mr . Hilker is going to get all the rest of the people to kick in . Mr . Hilker said his dad at one point did all that and everybody was pretty much in agreement . Mr . Ellsworth asked if it was a verbal agreement . Mr . Hilker said yes , but that there is not that many people who own lots along Kendall Avenue . He said Ralph Thorpe owns one lot , Mr . Bonanni owns a couple lots , and Bob Martin owns all the lots on the other side of Kendall Avenue . He said Mr . Martin ' s intention is to build a house in the very near future right at the end of his property for his daughter . Mr . Frost said Mr . Martin actually owns a house though . Chairman Austen asked what the tax parcel number was . Mr . Hilker answered 54 - 5 - 24 . Town of Ithaca 2 Zoning Board of Appeals April 28 , 1993 • Attorney Barney said there is a provision in Town Law which permits the neighbors on a private or public way such as this to petition the Town to pave it . He said if the petition is signed by more than 500 of the landowners , then the Town would pave it and assess the cost of that paving back against the lot owners . He said this had been suggested to Bill Hilker ' s father that he get the petition , get it signed , and the Town would repave it on that basis . He said that was suggested in 1990 or 1991 , but there was a discrepancy in surveys . He said that ' s when all the discussion about paving Kendall Avenue and Pennsylvania Avenue occurred in order to make the two connect , but they never received a petition . Mr . Hilker explained that his father dropped it because Jim ' s sister was no longer interested in putting a house on a lot in that location . He said there ' s a good chance that Mr . Martin is going to own almost 800 or 900 of the properties on the Pennsylvania leg , his father owns a couple now . Mr . Hilker said there is an adequate road base in there now , at least adequate according to the late 1970 standards , when his father put it in . He said there is a 30 foot wide culvert and 16 inch wide culverts catch the ditch on the other side . He said they have been driving concrete trucks , block trucks and gravel trucks across that road basin and it hasn ' t so much as done a bit of sponging , even in all this rain . He said that road basin is really sturdy and strong . He said what he is going to do for his customer ' s driveway , until whatever happens with the road , is to scrape all the vegetation off it and top it off with a thin layer of crusher run so that it ' s a good surface for any fire trucks or snow plows , or whatever . Mr . Frost wanted to know what kind of crusher run . Mr . Hilker answered he is going to talk to Scott McConnell and see what he recommends . Chairman Austen opened the public hearing . Louis Bonanni , Jr . , who owns property next to Mr . Hilker ' s , has been trying to get a road in there for 15 or 20 years . He said he understood they couldn ' t go round with the road that was indicated because of the house on the edge of the road and also there was a problem about the ecological impact of a tree right next to the house . He said the Town Zoning Board and the Town refused to continue that road on down from Pennsylvania Avenue to Kendall Avenue and finish Kendall Avenue . He said it was supposed to go up to Coddington Road and come on down from Pennsylvania to Kendall Avenue , complete that circle , and have another opening to Coddington Road . He said when they decided against it Larry Fabbroni was on the Board . Attorney Barney stated there have been talks since then within the last three or four years and all the Town needs is a petition . Mr . Bonanni said he has no objections to Mr . Hilker ' s proposal , he ' s in favor of it . He said there ' s taxable property there and the owners can ' t do anything about it because of the cost involved and because the previous Board wouldn ' t do it . Chairman Austen closed the public hearing . Environmental Assessment MOTION By Mr . Robert Hines , seconded by Mr . Harry Ellsworth : Town of Ithaca 3 Zoning Board of Appeals April 28 , 1993 • RESOLVED , that the Town of Ithaca Zoning Board of Appeals makes a negative determination of environmental significance with respect to the Appellant , James Hilker , to be permitted to construct a single family home on a parcel of land that does not front on a Town , County , or State highway located at 193 Kendall Avenue , Town of Ithaca Tax Parcel No . 54 - 4 - 16 . 2 , on the facts being those presented by Mr . Hilker in support of his application , the photographs submitted by Mr . Frost of the area , and as recommended by the Assistant Town Planner , George Frantz , on April 23 , 1993 . A vote on the motion resulted as follows : Ayes - Hines , Austen , King , Scala , Ellsworth . Nays - None . The motion carried unanimously . Mr . King asked if a 25 foot front yard setback is a problem under Section 7 . Mr . Hines mentioned that several of the houses along Kendall Avenue do not meet the 25 foot setback . Mr . Frost said front yard by definition is a portion of land that is between the road right- of-way and the principal building of the house , so technically if we are not deeming this to be a road , then he doesn ' t have a front yard either . Mr . Hilker said when he staked out the house for subdivision , they ran a string line from survey pin to survey pin , which is placed on the edge of the road right- of -way and they went back 25 feet from that point , so they are 25 feet from the road right- of -way . Mr . King said that Mr . Hilker has indicated on the J&L Builders sketch that their side yards would be at least 10 feet . Mr . Hilker said that one 10 feet is to be the walkway . Attorney Barney asked if there was any particular reason why the house couldn ' t be moved back another 3 or 4 feet . Mr . Hilker said half of the foundation is there . Mr . Hines said there is a good grade there . Mr . Frost said it is quite steep and the foundation footings step down with the grade as it drops to the back of the house . Mr . Hilker said initially he wanted to be 30 feet back , but it would have been too difficult . Attorney Barney asked how accurate that 25 feet is and Mr . Hilker said within a few inches more than 25 feet . Mr . King asked what the approximate square footage of the lot is . Mr . Hilker said about 6 , 000 square foot . Mr . King said it seems to be about 120 feet x 50 feet and the width of the lot is 50 feet . He said it ' s substandard under Section IX , Subparagraphs 1 and 2 as to the area and the widths , and the maximum width at the front yard setback would be 75 feet under the Ordinance . Mr . Frost said Section 57 would allow the construction of a single family residence on page 59 of the Ordinance . Mr . King wondered why it was cited being in violation of Section 7 and 9 . Mr . Ellsworth said Section 9 was because of the width . Mr . Frost said he was covering all the bases by also advertising a request for variances because it is better to advertise it than not to advertise and find out you needed to and end up adjourning the meeting . MOTION : By Mr . Pete Scala , seconded by Mr . Harry Ellsworth : ® RESOLVED , that the Zoning Board of Appeals approve the building of the house on lots #2 and #9 , as shown on the drawing located at 193 Kendall Avenue , Town of Ithaca Tax Parcel No . 54 - 4 - 16 . 2 , where there is a setback of 25 feet minimum , as drawn and as proposed , 10 foot on the side , and at least 45 feet to the back , with the following findings and condition . Town of Ithaca 4 Zoning Board of Appeals April 28 , 1993 • 1 . The house will front on 193 Kendall Avenue and this request for a variance by Mr . James Hilker would meet the requirements even though the lot is only 50 feet wide and we would assume that any subsequent survey would prove out the correct measurements , as per the builder ' s statement . 2 . Under Section 280- a this Board would be approving construction of the house on this lot even though the lot does not front on a street or highway . It being apparent that substantial access is provided to the lot over the paved portion of Kendall Avenue , to a point within 250 feet of the lot and that from that point on , there is a mapped roadway which appears to be at least 50 feet wide and which is a hard surface and will support emergency vehicles . 3 . The fact that there is at least one other established dwelling in this section of the platted street beyond the end of the paved portion . 4 . Appearing that the likelihood is the Town will pave the rest of the street , I ncluding the area in front of this lot . 5 . The frontage to the paved portion is well in excess of the 15 feet minimum which would satisfy Section 280- a . 6 . Appearing that it would be an undue hardship on the Appellant to be denied the right to construct a home on this residential lot which has been platted for so many years . 7 . That a gravel surface be installed on a portion of Kendall Avenue from the end of the paved section to this lot , sufficient to provide access by fire and other emergency vehicles . A vote on the motion resulted as follows : Ayes - King , Hines , Scala , Ellsworth , Austen . Nays - None . The motion carried unanimously . ADJOURNMENT Upon motion , the meeting was adjourned . ) 0 tC' Dani L .in Recording Secreta APPROVED : ® 4 a4zi dward Austen , Chairman TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , APRIL 28 , 1993 7 . 00 P . M . By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday , April 28 , 1993 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR Entrance , WEST Side ) , Ithaca , N . Y . , COMMENCING AT 7 : 00 P . M . , on the following matters : APPEAL OF JAMES K . HILKER , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE III , SECTION 7 AND 9 , OF THE TOWN OF ITHACA ZONING ORDINANCE AND SECTION 280A OF NEW YORK STATE TOWN LAW , TO BE ALLOWED TO CONSTRUCT A SINGLE -FAMILY RESIDENCE ON A PARCEL OF LAND THAT DOES NOT FRONT ON A TOWN , COUNTY , OR STATE HIGHWAY . THE PROPOSED RESIDENCE IS TO BE LOCATED AT 193 KENDALL AVENUE , TOWN OF ITHACA TAX PARCEL NO . 54 - 4 - 16 . 2 , RESIDENCE DISTRICT R- 9 . Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all persons support of such matters or objections thereto . Persons may appear by agent or in person . Andrew S . Frost Building Inspector / Zoning Enforcement Officer 273 - 1783 Dated : April 20 , 1993 Publish : April 23 , 1993 0