The URL can be used to link to this page

Home My WebLink AboutZBA Minutes 1999-10-13 a _ n TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY, OCTOBER 13, 1999 R 3 .. 7 : 00 PM APPEAL of Russell Hodnett , Appellant , requesting a variance from the requirements of Article V , Section 21 and Article XI , Section 51 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain an existing garage with a 3 . 75± foot side yard building setback ( 15 feet required ) at 125 Iradell Road , Town of Ithaca Tax Parcel No . 24- 140 , Agricultural District ( R-30 regulations apply) . APPEAL GRANTED APPEAL of James L. Fowler, Appellant , requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a 26' x 16 ' garage attached to an existing single-family home , with a proposed side yard setback of 7± feet ( 10 feet required) at 140 Westview Lane , Residence District R- 15 , Town of Ithaca Tax Parcel No . 58-2- 39 , 652 , APPEAL GRANTED TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY, OCTOBER 13, 1999 7 : 00 P.M . PRESENT: Harry Ellsworth , Vice Chairperson ; Ronald Krantz, Board Member; James Niefer, Board Member; Andrew Frost , Director Building/Zoning ; John Barney, Attorney for the Town (7 : 11 p . m . ) . EXCUSED: David Stotz, Chairperson ; Kirk Sigel , Board Member, OTHERS : Karen & Jim Fowler, 140 Westview Lane ; Russell Hodnett , 125 Iradell Road . Vice Chairperson Ellsworth led the meeting to order at 7 : 07 p . m . , stating that all posting , publication , and notifications of the public hearings had been completed . The first appeal to be heard was as follows : APPEAL of Russell Hodnett , Appellant , requesting a variance from the requirements of Article V , Section 21 and Article XI , Section 51 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain an existing garage with a 3 . 75 ± foot side yard building setback ( 15 feet required ) at 125 Iradell Road , Town of Ithaca Tax Parcel No . 24= 1 - 10 , Agricultural District ( R-30 regulations apply) . Mr. Frost stated that Mr. Hodnett was before the board at the June getting approval for an addition . At that time it was discovered in the survey map that there is a shed attached to a garage . The shed was not shown on the survey map . The shed is scaled out to be about 3 . 75 to the property line . Mr. Krantz asked if the shed was present when he bought the property. Russell Hodnett , 125 Iradell Road , responded yes . He stated that all the houses on the road are not in compliance . There was a mistake made when the houses were built . Vice Chairperson Ellsworth asked if the shed was present when Mr. Hodnett bought the property. Mr. Hodnett responded that it was present when he bought the property. He stated that he came before the board in June because he wanted to put an addition on the opposite side of the house . The board then suggested that this variance be taken care of at a different time . Mr. Frost stated that it was condition of the previous resolution that the board granted in June . Vice Chairperson Ellsworth opened the public hearing at 7 : 13 p . m . , and asked if any member of the public wished to be heard . With no persons present to be heard , Vice Chairperson Ellsworth closed the public hearing at 7 : 14 p . m . MOTION made by Ronald Krantz, seconded by James Niefer. ZONING BOARD OF APPEALS PAGE 2 OCTOBER 13 , 1999 APPROVED — APPROVED — APPROVED — APPROVED — APPROVED — APPROVED — APPROVED - APPROVED RESOLVED, that this board grants the appeal of Russell Hodnett, requesting a variance from the requirements of Article V, Section 21 and Article XI, Section 51 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing garage with no more than a 3-foot side yard building setback whereby 15-feet is required at 1251radell Road, Town of Ithaca Tax Parcel No. 24= 1 = 10, Agricultural District (R-30 regulations apply) with the finding that these conditions existed when the applicant bought the property. A vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer. NAYS: None. ABSENT.• Stotz, Sigel. The MOTION was declared to be carried. The second appeal to be heard was as follows : APPEAL of James L. Fowler, Appellant , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a 26' x 16 ' garage attached to an existing single-family home , with a proposed side yard setback of 7± feet ( 10 feet required ) at 140 Westview Lane , Residence District R- 15 , Town of Ithaca Tax Parcel No . 58-2 - 39 . 652 . James Fowler, 140 Westview Lane , stated that a few years ago he built a retaining wall in order to use the side yard . He leveled the area and filled it with gravel so that it can be used as a parking area . Mr. Fowler stated that they have designed a proposed addition for 26' x 16 ' foot garage that will attach to the house and look as if it has always been present . He would like to have the addition bigger, but with the way the rooflines are it will look like an addition . Mr. Fowler stated that he does not want it to look like an addition . They are proposing to go to the retaining wall . It will be sided the same as the house . He stated that this project went before the Planning Board on September 21 sc Mr. Frost stated that the subdivision that Mr. Fowler lives in requires that any change in the width of the building require the property owner to have site plan approval . Attorney Barney stated that the boundary line is the common wall between the units . At the time Mr. Jonson brought it before the Planning Board as subdivision . The duplexes took up a large area of the lot ; the Planning Board was concerned about having expansion occurring without having an opportunity to review it . Vice Chairperson Ellsworth stated that the neighbors would not be looking at the addition because of the grade . ZONING BOARD OF APPEALS PAGE 3 OCTOBER 13, 1999 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Fowler stated that his neighbors see their existing roofline . He does have signatures of his neighbors in favor of the addition . Mr . Niefer asked if the Town sends written notices to individuals . Mr. Frost stated that notices are sent to adjacent property owners . Mr. Niefer asked if Mr. Fowler would be doing the construction work . Mr. Fowler responded that he would be doing the construction work . Vice Chairperson Ellsworth opened the public hearing at 7 : 25 p . m . , and asked if any member of the public wished to be heard . With no persons present to be heard , Vice Chairperson Ellsworth closed the public hearing at 7 : 26 p . m . MOTION made by Ronald Krantz, seconded by James Niefer. RESOLVED, that this board grants the appeal of James L. Fowler, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 26' x 16' garage attached to an existing single-family home, with a proposed side yard setback of not less than 6. 5 + feet (10 feet required) at 140 Westview Lane, Residence District R- 15, Town of Ithaca Tax Parcel No. 58-2-39. 652. A vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer. NAYS: None. ABSENT.• Stotz, Sigel. The MOTION was declared to be carried. Mr. Krantz asked how long has the fee for a variance been $80 . Mr. Frost stated that when he started in 1986 it was $ 10 . It was changed to $40 in the late 1980s . In the early 1990s it was changed to $80 . Mr. Krantz asked if there is a requirement on the size of the advertisement . Mr. Frost stated that he writes the add and they pay by the word . Depending up the case he tries not to make it wordy. Attorney Barney stated that the cost of the processing is more than what the applicants pay. Vice Chairperson Ellsworth adjourned the meeting at 7 : 30 p . m . ZONING BOARD OF APPEALS PAGE 4 OCTOBER 13, 1999 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED arrie L. Coates , Minutes Sec etary. owly w Mon Barry HsWrth , Vice Ch irperson . 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, October 13, 1999, 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: October 5, 1999 Date of publication: October 8, 1999 O `Dani 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 8th day of October, 1999. Notary Public DEBORAH KELLEY Notary Public, State of New York No. 01 KE6025073 Qualified In Schuyler CountttG Commission Expires May 17, 20 � TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY. OCTOBER 13. 1999 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, October 13 , 1999 , 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 Russell Hodnett, Appellant, requesting a variance from the requirements of Article V, Section 21 and Article XI, Section 51 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing garage with a 3 . 75 + foot side yard building setback ( 15 feet required) at 125 Iradell Road, Town of Ithaca Tax Parcel No. 24- 1 - 10, Agricultural District (R-30 regulations apply). APPEAL of James L . Fowler, Appellant, requesting a variance from the requirements of Article IV, Section14 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 26 ' x 16 ' garage attached to an existing single-family home, with a proposed side yard setback of 7 ± feet ( 10 feet required) at 140 Westview Lane, Residence District R- 15 , Town of Ithaca Tax Parcel No. 58-2-39 . 652 . 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: October 5 , 1999 Published: October 8 , 1999