Loading...
HomeMy WebLinkAboutZBA Minutes 1997-04-09 FINAL , TOWN OF ITHACA ZONING BOARD OF APPEALS �a� WEDNESDAY , APRIL 9 , 1997 The following appeal was heard by the board on April 9 , 1997 : APPEAL of Robert and Leilani Wheeler , Appellants , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to build a 936 square foot building addition onto an existing nonconforming building at 210 DuBois Road , Town of Ithaca Tax Parcel No . 22 - 1 -3 , Residence District R-30 . The existing building has a garage setback of 8 +/- feet on the northwest side ( 15 feet required ) , with said addition proposed to be 29 feet on the southeast side (40 feet required ) . A variance from the requirements of Article V , Section 21 may also be required to permit the 29 foot side yard setback . GRANTED WITH CONDITIONS • APPEAL of Norma W. Schwab , Appellant , requesting a variance from the requirements of Article IV , Section 12 and 14 and Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a 16 foot wide by 12 foot high plywood wall in the front yard of a single-family residence located at 327 Winthrop Drive , Town of Ithaca Tax Parcel No . 72 - 1 - 1 . 105 , Residence District R- 15 . The wall is to serve as a ball stop for children ' s play . GRANTED WITH CONDITIONS APPEAL of Montessori School , Appellant , Peter Demjanec R . A . , requesting a special approval under Article IV , Section 11 of the Town of Ithaca Zoning Ordinance , to convert an existing single-family residence into a private school building at 117 East King Road , Town of Ithaca Tax Parcel No . 43-2 -7 , Residence District R- 15 . A variance from the requirements of Article XIII , Section 69 is also being requested to permit one parking space to encroach into the required front yard by 4 feet . • GRANTED FRO TOWN OF FIMACA HNALTOWN OF ITHACA � 1 2-31 a 7 • ZONING BOARD OF APPEALS CWkJZQQm No\ ocr1 WEDNESDAY, APRIL 9 , 1997 PRESENT : Chairman David Stotz , Edward King , Harry Ellsworth , Ronald Krantz , James Niefer, Andrew Frost , Director of Building and Zoning , JoAnn Cornish , Planner. OTHERS : Robert Wheeler, Leilani Wheeler, Peter Demjanec , Charles Pomada , Norma Schwab , Andrea Coby , Chairman David Stotz called the meeting to order at 7 : 09 p . m . , stating that all posting , publication , and notification of the public hearing had been completed and the same were in order. The following appeal to be heard by the board was as follows : APPEAL of Robert and Leilani Wheeler, Appellants , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to build a 936 square foot building addition onto an existing nonconforming building at 210 DuBois Road , Town of Ithaca Tax Parcel No . 22A =3 , Residence District R-30 . The existing building has a garage setback of 8 +l- feet on the northwest side ( 15 feet required ) , with said addition proposed to be 29 feet on the southeast side (40 feet required ) . A variance from • the requirements of Article V , Section 21 may also be required to permit the 29M foot side yard setback. Leilani Wheeler, 210 DuBois Road , said she has more letters from neighbors that were not submitted with the application . These letters are from Jeff and Jody Boronkay and Robert Jewell . Chairman Stotz said an additional statement from Virginia Marcus and Daniel Yokum was supplied to the Board in their packets . Robert Wheeler, 210 DuBois Road , said he and his wife were requesting permission to construct an addition to their house . Andrew Frost said the Wheelers have submitted a building permit application . After looking at the site plan , the Building and Zoning Department observed the deficient setbacks . He was not clear whether this was a legal nonconforming use . The variance was added to the agenda for the Board to discuss . Mr. Frost showed photographs of the property in question . Mr. Frost said a row of trees to the northeast side of the property buffers the deficiency on the garage side . The project would be on the south side of the existing building . Chairman Stotz asked if the addition would be blended in with the structure siding . • M A TOWN OF ITHACA • ZONING BOARD OF APPEALS 2 APRIL 9, 1997 Mr. Wheeler responded , yes . Chairman Stotz asked if the addition could go in the back yard . Mr. Wheeler responded , no , because he has an in ground pool in the back yard . Mr. Frost asked when the house was built. Mr. Wheeler said the house was built in 1957 . Chairman Stotz asked Mr. Wheeler when he purchased the house was the pool already there . Mr. Wheeler responded , yes . Edward King asked if there would be a basement in the addition . Mr. Wheeler responded , no . There would be a crawl space though . • Chairman Stotz asked if there would be any changes to the existing house . Mr. Wheeler responded , not at this time , but eventually there would be some changes to the existing house . James Niefer asked Mr. Wheeler what his plans were for the pondage area or holding pond that is drying out. Mr. Wheeler said he plans to fill the area in with the dirt from the addition construction . Mr. Niefer asked how and where would the culverts at the house be used . Mr. Wheeler said there is an existing pipe that runs from the back to the front. This pipe is plugged at the present time . These pipes are to remove the existing drainage . Mr. Niefer asked if the pipes would located underground along the property lines . Mr. Wheeler responded , yes . Mr. King asked if the area is filled in , how would the water drain out. Mr. Wheeler said he would install piping through there . • TOWN OF ITHACA • ZONING BOARD OF APPEALS 3 APRIL 9, 1997 Mr. King asked if the pipe would be perforated pipe . Mr. Wheeler responded , no , it is a solid pipe . The water that goes into the pond comes from behind the house . The water stays for the winter, and then drys up . Mr. King asked if the pond is an open ditch right now . Mr. Wheeler responded , yes . Mr. Frost asked if the addition was for more space because the existing house is too small . Mr. Wheeler responded , yes . Chairman Stotz asked what would be the elevation of the property facing south . Mr. Wheeler said there would be two small bathroom windows and/or two bedroom windows . Chairman Stotz asked if there are any landscaping plans for the side of the addition to the •south . Mrs . Wheeler said she could do some landscaping there . Mr. Wheeler said there is a six-foot stockade fence between their house and the neighbors house . JoAnn Cornish said there is substantial vegetation in front of the fence . Mr. Frost asked if the existing two bedroom house is not enough room for the growing family . Mr. Wheeler responded , yes . Mr. Frost said the Wheelers have a swimming pool in the rear yard which prohibits the addition to the rear yard . The addition on the side yard would create a 25-foot side yard setback . There is no other place to put the rooms addition . Chairman Stotz asked if the addition would be kept architecturally with the characteristics of the neighborhood . Mrs . Wheeler said they would be making improvements to the exterior of the existing house at some point . • TOWN OF ITHACA ZONING BOARD OF APPEALS 4 APRIL 9 , 1997 Mr. King asked if the south side yard from the existing house is approximately 55 feet from the property line . Mr. Wheeler responded , yes . Mr. King said the 26-foot addition from the existing house would only leave 29 feet for the side yard , where 40 feet is required . Mr. King asked if Mr. Wheeler would actually build 29 feet away from the south line , or is that a guess measurement. Mr. Wheeler said that should be the correct measurement. Chairman Stotz said when the Building and Zoning Department inspects the addition when completed , the addition could not be 28 feet and 11 . 5 inches . Mr. Wheeler said that should not happen . Mr. Frost asked if survey stakes or pipes were found on that side of the property . • Mr. Wheeler responded , yes . Mr. King asked if a survey map has been done for the property in question . Mr. Wheeler responded , yes . The property was surveyed three weeks ago , but he did not bring the survey map with him . Mr. King asked Mr. Wheeler if he could supply a copy of the survey map to the Town . Mr. Wheeler responded , yes . Chairman Stotz opened the public hearing . With no one present to speak , Chairman Stotz closed the public hearing . ENVIRONMENTAL ASSESSMENT Chairman Stotz said the Environmental Impact Statement mentions the issue of the drainage and flooding problems located in the back yard of the property . Chairman Stotz asked Mr. Wheeler if he could explain exactly what he plans to do with the water problem . Mr. Wheeler said there is an existing pipe underground in the back yard that is plugged . When the water covers the pipe , the water runs to the pond and the ditch along the road . Mr. Wheeler said • he would be removing the old pipes , and placing new pipes in the ground from the back yard to the TOWN OF ITHACA • ZONING BOARD OF APPEALS 5 APRIL 9 , 1997 ditch along the road . Chairman Stotz asked if the pipe would be the black pipe that is on the premises . Mr. Wheeler responded , yes . Chairman Stotz asked if that pipe would be sufficient enough to take care of the water flow that may be anticipated there . Mr. Wheeler responded , yes . The pipe is 16 or 18 inch in diameter. The diameter of the pipe should help the water flow better. The existing pipe starts out at 14 inches and goes down to a 9-inch pipe . The pipe is plugged somewhere in between . Mr. Frost asked if a subdivision for consolidation was done with this property . Mr. Wheeler responded , yes . Mr. Frost asked if there were any papers from the Assessment Office showing the • consolidation . Mr. Wheeler said they have not received anything from the Assessment Office yet. Chairman Stotz asked Ms . Cornish if there is anything she would like to add to this discussion . Ms . Cornish said the property to the south has a sufficient side yard setback , so even with the Wheeler's 29 foot setback , there would still be a great deal of distance between the neighbors . The vegetation in front of the fence would provide a good amount of screening . The front of the house is also well screened . The neighbors across the road have a very large front yard setback with a lot of vegetation . Mr. King asked on which side of the house would the drain pipe be . Mr. Wheeler said the drain pipe would be on the south side . Ms . Cornish asked Mr. Wheeler if he would be burying the pipe , and filling in the ditch and retention area . Mr. Wheeler responded , yes . Ms . Cornish asked Mr. Wheeler if he received guidance from an engineer, or is this something • that he feels confident to do himself. TOWN OF ITHACA • ZONING BOARD OF APPEALS 6 APRIL 9 , 1997 Mr. Wheeler said he feels confident to do this himself. He has not received guidance from an engineer. Ms . Cornish said in the future if there are problems with the drainage an engineer should be consulted . Chairman Stotz asked if the crawl space of the addition would have drain tile in it . Mr. Wheeler said there would be footers put in for the drainage . There would be another drainage from the existing basement to connect to the road . MOTION by Harry Ellsworth , seconded by Ronald Krantz : RESOLVED , that this Board make a negative determination of environmental significance for the property of Robert and Leilani Wheeler at 210 DuBois Road , Town of Ithaca Tax Parcel No . 22- 1 -3 , based on the review of the Town Planning Staff. A vote on the motion resulted as follows : AYES - Stotz , King , Ellsworth , Krantz , Niefer. NAYS - None . The motion was carried unanimously . MOTION by Harry Ellsworth , seconded by Ronald Krantz : RESOLVED , that this Board grant the special approval for an existing non-conforming building of Robert and Leilani Wheeler of 210 DuBois Road , Town of Ithaca Tax Parcel No . 22- 1 -3 , Residence District R-30 , to be permitted to build a 936 square foot addition that would create a side yard setback of approximately 29 feet, where 40 feet is required based on the findings of Article XIV, Section 77 , Paragraph 7 , Subparagraphs a-h with the following conditions : 1 . That the addition be kept in character with the neighborhood , and 2 . That all of the contingent property owners do not have any objections to this addition . A vote on the motion resulted as follows : • AYES - Stotz , King , Ellsworth , Krantz , Niefer. TOWN OF ITHACA • ZONING BOARD OF APPEALS 7 APRIL 9, 1997 NAYS - None . The motion was carried unanimously . APPEAL of Norma E . Schwab , Appellant, requesting a variance from the requirements of Article IV , Section 12 and 14 and Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a 16-foot wide by 12 foot high plywood wall in the front yard of a single-family residence located at 327 Winthrop Drive , Town of Ithaca Tax Parcel No . 72 -1 -1 . 105 , Residence District RA5 . The wall is to serve as a ball stop for children 's play . Norma Schwab , 327 Winthrop Drive , said she received a phone call from Mr. Frost a few weeks ago , and informed her that someone driving by complained about a green tennis backboard . This backboard is located on the edges of the driveway . The Schwabs received the backboard from the Gorsky family on Warren Road . Ms . Schwab said she apologizes because she did not realize this was something she was not suppose to maintain without getting a variance . She has spoken to the immediate neighbors , and they were just curious about what was happening . Mr. Frost told her that the only thing he could find , that would qualify this , that this is a fence or an accessory structure wall . gThe regulation states that these cannot be over 6 feet tall without a variance . The children use the ackboard to play tennis . The backboard is supported by the pine trees that are used as a border for the property . She said they would paint the backboard a darker green to blend in with the pine trees . Ms . Schwab said she has filed an appeal to request a variance to continue to have the backboard as tall as it is . Her family uses the backboard for tennis , and if the backboard was smaller it would not work efficiently for them to use . Mr. Frost said Section 65 of the Town of Ithaca Zoning Ordinance states that a wall or a fence not over six foot high is not regulated by the ordinance . At the same time-, the ordinance does not say they cannot have a wall or a fence over six foot high . This appeal amounts to an use variance . The permissive Zoning Ordinance says this Board can do what they want . The ordinance does not say they can maintain a fence or a wall over 6 foot high , so this becomes a use variance . This is considered a structure , and not confused with an accessory building , where the Town ' s ordinance states that accessory building can only be placed in the rear yard . A building could be a structure , but a structure is not a building by the definition of the Town ' s Zoning Ordinance . In discussions with the Attorney for the Town , there is no restriction per say that says the Schwabs cannot put something like this in the front yard . Ms . Schwab said they had thought about putting the backboard in the back yard , but they would need to blacktop the yard , and would take up most of the back yard . 0 Mr. Frost asked Ms . Schwab if they utilize the backboard with a portion of the driveway . • TOWN OF ITHACA ZONING BOARD OF APPEALS 8 APRIL 9 , 1997 Ms . Schwab responded , yes . She said they spent $ 1 , 900 to extend the driveway over, and it was approximately $400 to get someone to move the backboard and install it. Mr. Frost said if the backboard was six foot high or less , then Ms . Schwab would not be here tonight. Ms . Schwab said she does not know who complained , but she felt it was strange for someone to complain that was just driving by . Mr. Frost said he received two phone calls about this . Ms . Schwab asked what the people complained about. Mr. Frost said they complained about the visual impact. The side the Schwab use to hit the tennis ball against is pretty visible , and the other side is less visible because of the trees . Chairman Stotz asked Ms . Schwab if there was any possibility of having the backboard in the back yard . • Ms . Schwab said they would have to blacktop the back yard . The reason they use the driveway is because it was already blacktop . She said they put an additional parking spot in for her teenage son to park his car, and so they could use the backboard for tennis . If the backboard was in the back yard it could not be used unless there is an asphalt or concrete base . It would be useless to use the backboard without a hard surface because the tennis ball cannot bounce off the lawn . Chairman Stotz asked Ms . Schwab what would the implications be to her if the backboard was reduced to 6 feet or removed . Ms . Schwab said the children would not be able to use it as a tennis backboard . Chairman Stotz asked if her children have aspirations to play tennis . Ms . Schwab said her children play in tennis tournaments . Chairman Stotz asked if there are any other places the children could practice tennis . Ms . Schwab said she could drive the children to the high school every time they wanted to play tennis . Chairman Stotz said he assumes there are people in the neighborhood with children that play • tennis to , and was wondering how they accommodate their children . TOWN OF ITHACA • ZONING BOARD OF APPEALS 9 APRIL 9 , 1997 Ms . Schwab said she is not aware of any other children in the neighborhood that actually play tennis . The other children in the neighborhood are welcomed to come and play on the backboard . She said the backboard was in a driveway in the Town of Ithaca for 20 plus years at the Gorsky residence . No one complained when it was in their yard . Mr. Frost said when people are driving on Warren Road they might not notice things as much as people driving on Winthrop Drive , Mr. King asked Ms . Schwab how far does she live from the nearest school . Ms . Schwab said the DeWitt School and the elementary school is just up the street , but they do not have a tennis court. The high school has the tennis courts . Mr. King said he is not talking about a tennis court, but something where the children could bounce a ball off of. Ms . Schwab said the children could bounce a ball off the school wall , and have done it in the past when they have gone to the playground . It is nice for her to keep an eye on the younger children • in the yard rather than gathering them to go to the playground . Ms . Schwab said she has seven children . The older children can do it , then she would not have to take the younger children out. Mr. King asked if the younger children could get along with a six-foot high board . Ms . Schwab responded , no . The Board would be surprised how short 6 feet is when playing tennis . When her seven -year-old plays tennis , a majority of his balls go high . Chairman Stotz said the backboard is very visible coming up the hill . It looks like a huge tennis table turned on its side . Chairman Stotz asked the Board what is the basis for letting the Schwabs do this . Chairman Stotz further asked what is unique about this situation . The test of the use variance being financial hardship primarily . Mr. King said if the Board allows this then everyone in the neighborhood would want one . It would then look like a neighborhood full of billboards . Chairman Stotz said having seven children makes it nice to have them where they could be watched and do constructive activities . Chairman Stotz said the issue is what does the Board do when someone else wants to put a backboard up . Chairman Stotz asked how does this Board say yes to Ms . Schwab and no to someone else . Chairman Stotz further asked Ms . Schwab if there is anything she could tell the Board that is so special about this use . • Ms . Schwab said if someone else wanted to do this , she cannot say she is any better or any . TOWN OF ITHACA ZONING BOARD OF APPEALS 10 APRIL 9 , 1997 worse than anyone else that might want to put up the backboard . This seems to be a good wholesome recreational thing for her children and other children in the neighborhood to do . She does not think it is much different than driving up and down the street and seeing skateboard ramps and hockey equipment in front yards . Across the street from her house there is a hockey net and skateboard ramp in the driveway most of the time . Chairman Stotz asked if there would be a way to put the backboard away when the children are not using it . Ms . Schwab said that would be too hard . Chairman Stotz asked how big is the backboard . Ms . Schwab said the backboard is 16 feet wide and 12 feet tall . Chairman Stotz asked if there would be a way to move the backboard . Mr. Frost said the backboard could be put on hinges , but the back supports are the trees . Ms . Schwab said the backboard would need to be destructed every time the children are done . Mr. Frost said the dilemma of the Board is to prevent everyone on the street from putting one up . Mr. Frost asked the Board if they would consider this backboard 12 foot high if it was located in the back yard . Harry Ellsworth responded , yes . In the back yard it would not be visible from the street . Chairman Stotz said this is not in keeping with the character of the neighborhood . Ms . Schwab said she is not sure who complained about the backboard . It seems to her that the people who have the biggest right to complain would be the immediate neighbors . Ms . Schwab asked if someone driving their children back and forth from school , have a stand on how it looks . Ms . Schwab said she could drive any where in Ithaca and complain about something she does not like . Chairman Stotz said if they have a basis for complaint, then the Building and Zoning Department needs to follow up on the complaint. Ms . Schwab said she could paint the backboard a darker green to match the pine trees better. • Mr. Niefer asked Ms . Schwab how long has she had the backboard . TOWN OF ITHACA ZONING BOARD OF APPEALS 11 APRIL 9, 1997 Ms . Schwab said the backboard has been there since this past October or November. Mr. Frost asked if there are any drainage problems on the property . Ms . Schwab said the back yard has terrible drainage problems . Chairman Stotz asked Ms . Schwab what would happen if the backboard was moved back towards the house and garage . Ms . Schwab said to move the backboard and have pavement down for tennis usage would cost her more money to do . Chairman Stotz asked when is the end of the tennis ball practice season . Ms . Schwab said the children could hit on the backboard from the beginning of April to the middle of October. Chairman Stotz said the Board might want to consider a time use variance . . Ms . Schwab asked if the backboard would need to be taken down every year. Chairman Stotz said he was not sure , it is up to the Board to decide . Mr. Frost said another consideration would be to remove 4 foot off the top , which would leave 8 feet to use . A net could be placed above the backboard . Chairman Stotz said if the Board decides to do that, the question would still be what is so unique about this appeal . Mr. Ellsworth said the number of children . Chairman Stotz asked Ms . Schwab how old are her children . Ms . Schwab said her children range from six months of age to 18 years of age . Chairman Stotz asked how many of the children need close supervisor. Ms . Schwab said the 6-month-old , the 2-year-old , the 5-year-old , and the 7-year-old . Probably the 11 -year-old , too . The 18-year-old would be going to college soon , and there is a 14-year-old . • Chairman Stotz asked if the children are her sole responsibility during the day . TOWN OF ITHACA • ZONING BOARD OF APPEALS 12 APRIL 9, 1997 Ms . Schwab responded , yes . Mr. Niefer asked the Board what their reaction would be if the backboard was hinged at the 6- foot level . Ms . Schwab said the back supports are the pine trees and some boards . Mr. King said he likes Mr. Frost' s suggestion of reducing the backboard to 8 feet and putting up a net. Mr. Ellsworth asked Mr. Frost if that would help complaints of the phone callers . Mr. Frost said the Board needs to determine the hardship and the necessity of granting the variance . It would lessen the impact if the Board votes to allow it . Chairman Stotz asked Ms . Schwab if the children are not outside doing something constructive in a place where they could be supervised , what does that mean to her. Ms . Schwab said if she wanted to let the 11 year old and the 7-year-old to go to the playground Wo hit the ball against the wall , she would need to take the 6-month-old , the 2-year-old , and the 5-year- old . She also would not be able to do anything around the house or in the yard if they wanted to go to the school . The neighborhood children are welcomed to come and play on the backboard . Ms . Schwab asked if the Board grants the variance for 8 feet, would they need to cut the backboard down . Mr. Frost said the backboard is three 4 feet by 8 feet plywood sheets stacked on each other, so the top layer would be removed . Chairman Stotz opened the Public Hearing . With no one present to speak , Chairman Stotz closed the Public hearing . Chairman Stotz said there are a number of alternatives that have been discussed , such as : 1 . To allow the 12-foot backboard to remain as it is . 2 . To have the backboard removed . 3 . The height be reduced to 8 feet. 4 . The backboard could be hinged in someway . • 5 . The backboard could be moved closer to the house . TOWN OF ITHACA • ZONING BOARD OF APPEALS 13 APRIL 9, 1997 Chairman Stotz said it is up to the Board to consider all these alternatives . ENVIRONMENTAL ASSESSMENT Chairman Stotz said the only issue mentioned in the Environmental Impact Statement is the visibility from one direction . Ms . Cornish said the backboard is much more apparent from one direction than the other. MOTION by Edward King , seconded by Harry Ellsworth : RESOLVED , that this Board make a negative determination of environmental significance for the property of Norma Schwab at 327 Winthrop Drive , Town of Ithaca Tax Parcel No . 72- 1 - 1 . 105 , based on the review by the Town Planning Staff. A vote on the motion resulted as follows : AYES - Stotz , King , Ellsworth , Niefer. • NAYS - None . ABSTAIN - Krantz . The motion was carried . Mr. Krantz said he sympathizes and agrees with what the Board . When it says this is not in keeping with the characteristic of the neighborhood , it is hard to call that insignificant. Chairman Stotz asked if this appeal was deemed by the Board to be a significant environmental issue , this would stop the process at this point . Mr. King responded , yes . The impact is definitely there . Mr. King asked how big of an impact does it make to the whole community on Winthrop Drive . Mr. Frost said there is no one from the public here to dispute this appeal . Mr. Frost asked the Board if they were to consider the backboard at 8 feet , would this be a clearer impact . Mr. Krantz said the environmental assessment states that if the backboard was 6 feet it would be okay . He thinks if the backboard was 8 feet it would be okay , and that would be insignificant. Chairman Stotz said the Board voted in favor of the environmental assessment . • Ms . Schwab asked the Board what does it mean by not in keeping with the character of the TOWN OF ITHACA • ZONING BOARD OF APPEALS 14 APRIL 9 , 1997 neighborhood . Chairman Stotz said it means that this house has a 12 foot high green color back stop in the front driveway . Ms . Cornish said the backboard is very apparent while driving up the street. This is the only large object in anyone ' s front yard . It means architecturally characteristic. Mr. King asked if there are any playgrounds in the neighborhood . Ms . Schwab said there is a playground at the Northeast School , which is a few blocks away . She does not want the little ones crossing the road by themselves . Mr. King asked Ms . Schwab if she lets the 7-year-old out of the yard on . his own . Ms . Schwab said the 7-year-old usually walks to school with the older children without her, but usually they do not run around the playground by themselves . Mr. King asked if the seven year old and the 11 -year-old would play on the playground by .themselves . Ms . Schwab said occasionally they would . Mr. Krantz said it seems moving the backboard to the back yard or further towards the garage is not really a viable alternative under the heading of practicalities . Hinging the backboard is also a viable alternative . That makes three choices are eliminated . Cutting the backboard down to 8 feet or to allow the backboard to be there are the only alternatives . Mr. King said if the Board requires the backboard to be reduced to 8 feet and give it a time limited variance , it means that she would need to periodically come back to the Board for a new variance . Chairman Stotz asked if the backboard was 8 feet high , would it be possible to hinge it . Ms . Schwab said the issue would be the length . Mr. Frost said then it would be 2 feet higher than not being an issue . If this was a basketball hoop on a backboard or a swing set in the front yard , he wonders if a time limited variance would allow the Town the ability to analyze what the percussions of this would be . There would be a hardship of • putting the backboard in the back yard because of the drainage conditions . TOWN OF ITHACA ZONING BOARD OF APPEALS 15 APRIL 9, 1997 Ms . Schwab said it would not be feasible in the back yard , so she would need to get rid of it. The side yards do not have room for anything because of the trees around the property edge . MOTION by Harry Ellsworth , seconded by Ronald Krantz : RESOLVED , that the Board grant the appeal of Norma Schwab at 327 Winthrop Drive , Town of Ithaca Tax Parcel No . 72- 1 - 1 . 105 , Residence District R- 15 , that the request from a variance from Article IV, Section 12 and 14 and Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance be granted , upon the following findings and conditions : 1 . To reduce the existing plywood wall to 8 feet high , and 2 . Paint the backboard to match the pine trees behind it, and 3 . That this should be accomplished by April 1998 . 4 . That the Schwabs are raising seven children , which contributes to financial hardship , and • 5 . That the Schwabs are trying keep ry g to the children in the yard . They can go to the school to play by themselves , but these days some children end up missing even if the school is only a few blocks away , and 6 . To move the backboard would be a big financial hardship , but to reduce the backboard would be a minor financial hardship . it Mr. Niefer asked Ms . Schwab what is the age of the youngest child that plays tennis . Ms . Schwab said her five-year-old plays . A vote on the motion resulted as follows : AYES - Stotz , Ellsworth , Krantz , Niefer. NAYS - King . The motion was carried . APPEAL of Montessori School , Appellant, Peter Demjanec R.A . , requesting a special approval under Article IV, Section 11 of the Town of Ithaca Zoning • Ordinance , to convert an existing single-family residence into a private school TOWN OF ITHACA ZONING BOARD OF APPEALS 16 APRIL 9, 1997 building at 117 East King Road , Town of Ithaca Tax Parcel No . 43 =2-7 , Residence District RA5 . A variance from the requirements of Article XIII , Section 69 is also being requested to permit one parking space to encroach into the required front yard by 4 feet. Peter Demjanec, 120 Brindley Street , said he is the architect for the Montessori School . They are here to request a special approval to convert a single family home to classrooms to use as a middle Montessori School . There is a minor area variance in the front yard for one parking space as proposed . Chairman Stotz asked why would the school need the additional space and what would it be used for. Andrea Coby said the Montessori School is in the process of adding a seventh and eighth grade program to the existing programs . This house was given in a very generous way to the school , at a time where the school would be starting the program . We are not sure how many children would actually be attending . It would probably be a very small program in the initial year. There is no space in the existing school to do this program . Chairman Stotz asked if the program would be expanded for the Montessori to include seventh * and eighth grades . Ms . Coby responded , yes . Chairman Stotz asked what is the projected number of children for this year and beyond . Ms . Coby said this September there would be approximately ten children , and the second year there would be approximately 20 children . Chairman Stotz asked if all the children would be housed in that space . Ms . Coby responded , yes . Chairman Stotz asked if anyone would be living at the school . Ms . Coby responded , no . Chairman Stotz asked if the school would be vacant in the evening . Ms . Coby responded , yes . . Mr. Frost asked if there would be a kitchen in the school . TOWN OF ITHACA ZONING BOARD OF APPEALS 17 APRIL 9, 1997 Ms . Coby said the kitchen would be the same as the other classrooms . The stove would be kept , but a full kitchen would not be needed . Mr. Demjanec said the Board was supplied with a preliminary proposed floor plan of the Montessori School , which shows what the exterior site would be developed as . Mr. Krantz asked if there would only be one parking space . Mr. Demjanec said there would be four parking spaces . Three of the parking spaces comply, and the fourth one slightly encroaches on the 25-foot right-of-way. Mr. Krantz asked if this would be adequate parking . Ms . Coby responded , yes . There would only be one or two staff members there at one time . There would be adequate parking when parents come to pick up their children . Mr. Krantz said the parents would be coming at the same time to pick up their children . • Ms . Coby said most of the children arrive at the school by bus . Chairman Stotz asked what would the garage be converted into . Ms . Coby said the garage would be converted into classroom space . Chairman Stotz asked if all the parking would be outdoors . Ms . Coby responded , yes . it Mr. Demjanec said the Montessori School is required to have a front yard setback of 25 feet. All the parking spaces are clear of the 25 foot , except for space number one . The amount of the encroachment on that space is approximately four feet in a triangular area . The unique thing about this particular property is that there are two roadways in front of the property . East King Road , which is currently active and carries 25 feet from the center line to the property line right-of-way. The old East King Road is located between the property and the current East King Road . This has an effect to create an extremely deep right-of-way . If old East King Road was not there , the school would not have this variance problem . The school would have 20 to 30 feet of surplus front yard . When the Montessori School went to the County for the permit to do the work in the roadway right-of-way, the County' s responded that they were only interested in the 25 feet from the center of East King Road . They do not care about anything beyond that. The east property boundary is 38 feet from the center of East King Road to the property marker. The County says 25 feet of the 38 feet is their roadway • right-of-way , and 14 feet of that is what is left of the old East King Road . Y TOWN OF ITHACA • ZONING BOARD OF APPEALS 18 APRIL 9, 1997 Chairman Stotz asked how much would the one parking space encroach upon . Mr. Demjanec said approximately four feet. Chairman Stotz asked if the structure would be up to code to use as a school . Mr. Frost said the Building and Zoning Department has not entertained any building permit applications yet. There have been discussions about the code requirements . The State would have their special requirements for the school . Mr. Demjanec said the entire upper level would comply totally with the code . The school would probably be asking New York State to consider a variance to allow some of the sloppy constructional functions , such as art classes , to happen in the lower level . The school is beginning that process at this point. Chairman Stotz asked what would the exterior be refinished in . Ms . Coby said the house would be refinished the same as the existing school across the street. • Mr. Ellsworth asked how many classrooms would the house be converted into . Mr. Demjanec said the house would be converted into two classrooms . Chairman Stotz asked if Mr. Monkemeyer had any reaction to this plan . Ms . Coby said she discussed the plan with Mr. Monkemeyer and he is in support of this . Mr. Niefer asked if any neighbors had any comments to this building proposal . Ms . Coby responded , no . Mr. King asked if the Planning Board reviewed this plan . Ms . Cornish said the Planning Board passed a preliminary site plan approval . Chairman Stotz said the amount of traffic is considered low in this area , and asked if there would be a marked path across the road . Ms . Cornish said there was considerable discussion about the safety of the children , the number of trips across the road , and the speed limit for the road . The Planning Board discussed • additional signage on the road to alert drivers that this is a school zone . TOWN OF ITHACA • ZONING BOARD OF APPEALS 19 APRIL 9 , 1997 Mr. Demjanec said the school met with the County Highway Department , and received a building permit for the work in the road right-of-way. The County Highway Department is committed to marking the cross walk and providing signage , for both directions , to indicate that this is a school crossing zone . Chairman Stotz opened the Public Hearing . With no one present to speak , Chairman Stotz closed the Public Hearing . ENVIRONMENTAL ASSESSMENT MOTION, by Edward King , seconded by Harry Ellsworth : RESOLVED , that this Board make a negative determination of environmental significance for the Montessori School property at 117 East King Road , Town of Ithaca Tax Parcel No . 43-2-7 , Residence District R- 15 , based on the review and report by the Town Planning Staff. A vote on the motion resulted as follows : • AYES - Stotz , King , Ellsworth , Krantz , Niefer. NAYS - None . The motion was carried unanimously . MOTION by Ronald Krantz , seconded by James Niefer: RESOLVED , that the Board grant the special approval of the Montessori School at 117 East King Road , Town of Ithaca Tax Parcel No . 43-2-7 , Residence District R- 15 , under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance , to be permitted to convert an existing single-family residence into a private school building with the State code requirements , and also a variance from the requirements of Article XIII , Section 69 , to approve the request of one parking space that would encroach the front yard setback of 4 feet . A vote on the motion resulted as follows : AYES - Stotz , King , Ellsworth , Krantz , Niefer. NAYS - None . The motion was carried unanimously . • TOWN OF ITHACA • ZONING BOARD OF APPEALS 20 APRIL 9, 1997 Chairman Stotz adjourned the meeting at 8 : 33 p . m . Jz Deborah Kelley Keyboard Specialist/Minuts Recorder C Da,vid Stotz C i 6man • • FINAL TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , APRIL 9, 1997 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 9 , 1997 , 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 Robert and Leilani Wheeler, Appellants, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to build a 936 square foot building addition onto an existing nonconforming building at 210 DuBois Road, Town of Ithaca Tax Parcel No. 22- 1 -3 , Residence District R-30 . The existing building has a garage setback of 8 + feet on the northwest side ( 15 feet required), with said addition proposed to be 29 feet on the southeast side (40 feet required) . A variance from the requirements of Article V, Section 21 may also be required to permit the 29 foot side yard setback. • APPEAL of Norma W. Schwab, Appellant, requesting a variance from the requirements of Article IV, Section 12 and 14 and Article XIII, Section 65 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a 16 foot wide by 12 foot high plywood wall in the front yard of a single-family residence located at 327 Winthrop Drive, Town of Ithaca Tax Parcel No. 72- 1 - 1 . 105 , Residence District R- 15 . The wall is to serve as a ball stop for children' s play. APPEAL of Montessori School, Appellant, Peter Demjanec R.A., requesting a special approval under Article IV , Section 11 of the Town of Ithaca Zoning Ordinance, to convert an existing single-family residence into a private school building at 117 East King Road, Town of Ithaca Tax Parcel No. 43 -2-7, Residence District R- 15 . A variance from the requirements of Article XIII, Section 69 is also being requested to permit one parking space to encroach into the required front yard by 4 feet. Said Zoning Board of Appeals will at said time, 7 :00 p .m ., and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S . Frost Director of Building and Zoning 273 - 1783 Dated: April 1 , 1997 Publish: April 4, 1997 • w e • TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Dani L. Holford, being duly sworn, depose and say that I am the Town of Ithaca Building and Zoning Department Secretary, Tompkins County, New York; that the following notice has been duly posted on the sign board of the Town of Ithaca and that said notice has been duly published in the local newspaper, The Ithaca Journal. Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall 126 East Seneca Street, Ithaca New York on Wednesday, April 9 1997 commencing at 7 : 00 P.M ., as per attached . Location of sign board used for posting: Bulletin board, front entrance of Town Hall. Date of posting: April 1 , 1997 Date of publication: April 4, 1997 • O ani L. Holford, Building and Zoning epartment Secretary, Town of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 4th day of April, 1997. y Pu Sjf1TE OF NEW YORK 4646 427