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HomeMy WebLinkAbout270890-001tip to 112 CZPY U;�:22IF; FINAL TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY, APRIL 9.1997 The following appeal was heard by the board on April 9, 1997: A Pp EAL 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 r 29 foot side yard setback. GRANTED WITH CONDITI6NS a i x 9 f 's k �t __..�...._...-..,...•�.r......er.,:.w,c.,...aor:.: xarw.ae...,:... . �:: rx.,.,,,,.mo,��.,....... w.....,...�......._..Y.... .._.. _... _ .. ._ ... �.,...:,.,c a i • • r 1, r FINAL LOYYN OF ITHAC.B ZONING BOARD OF APPEALS WEDNESDAY. APRIL 9.1997 PRESENT: Chairman David Stolz, 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 Pomade, Norma Schwab. Andrea Coby.. Chairman David Stolz 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 64 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 (16 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. 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 Stolz 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. .�,:.,, +,,, «.:. „�....•� .ray„�,��•... ,. .,.�. �..,..., . .. .� _.. „�<......•,�... TOWN Of ITHACA ZONING BOARD OF APPEALS 2 APRIL 9,1997 Mr. Wheeler responded, yes. Chairman Stolz 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 Stolz asked Mr. Wheeler when he purchased the house was the pool already there. I• Mr. Wheeler responded, yes. Edward King asked if there would be a basement in the addition. t ' 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. f 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. s Mr. Wheeler said there is an existing pipe that runs from.the back to the front. This pipe is • at present time. These pipes are to remove the existing drainage. Plugged the P Set P P 9 9 Mr. Niefer asked if the pipes would located underground along the property lines. 9 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. • • s s 3 I litl 60 Put 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 fro.?n 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. 3 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. s 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. s { 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 1 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. i I r}� • . t IUA 60 FAU its i r TOWN OF ITHACA ZONING BOARD OF APPEALS 4 APRIL to A"? Mr. King asked if the south side yard from the existing house is approximately 55 feet from the property line. Mr. Wheeler responded, yes. t 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. • a Mr. Wheeler said that should be the correct measurement. 3 Chairman Stolz said when the Building and toning Department inspects the addition when completed, the addition could not be 28 feet and 11.5 inches. f 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. i Mr. Wheeler responded, yes. The property was surveyed three weeks ago, but he did not bring On 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. s Chairman Stolz opened the public hearing. With no one present to speak, Chairman Stotz dosed the public hearing. • KIWIRQNMENTAL ASSESSMENT Chairman Stolz said the Environmental Impact Statement mentions the issue of the drainage and flooding problems located in the back yard of the property. Chairman Stolz 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 • i tnn 60na 117 TOWN OF ITHACA ZONING BOARD OF APPEALS • APRIL 9,1997 ditch along the road. s Chairman Stolz asked if the pipe would be the black pipe that is on the premises. Mr. Wheeler responded, yes. Chairman Stolz 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 Lexisting pipe starts out at 14 inches and goes down to a 94nch 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 Stolz 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. E 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 somethktg N that he feels confident to do himself. { r' r 0 INtA 60?w 118 TOWN OF ITHACA ZONING BOARD OF APPEALS 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 the 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 - Stolz. 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 - Stolz, King, Ellsworth, Krantz, Niefer. • • Mri 60 poet 119 DWN OF ITHACA DNING BOARD OF APPEALS 7 PRIL 9,1"? NAYS - None. The motion was carried unanimously. . .Inn . 60 ncE 320 FINAL ADOPTED RESOLUTION* SEQR Poyer/Evergreen Lane Subdivision Preliminary and Final Subdivision Approval ri 3 Evergreen Lane And further, Modification of Conditions of original Subdivision Approval of October 4, 1988 Planning Board Meeting, July 1S, 1995 MOTION by Robert Kenerson, seconded by James Ainslie: WHEREAS: 1. This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of a portion of Town of Ithaca Tax Parcel No. 22-1-1.30, located at 3 Evergreen Lane, for consolidation with Town of Ithaca Tax Parcel No. 22-1-3, located at 210 DuBois Road, and further, modification of the conditions set forth in the Planning Board resolution of October 4, 1988 granting Final Subdivision Approval to the "Poyer Cluster Subdivision" to allow for further subdivisions of lots in certain. circumstances. Residence District R-30. Jeffrey J. and Jody D. Boronkay, Owners; Robert wheeler, Applicant, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in .environmental review with respect to Subdivision Approval, and 3. The Planning Board, at a Public Hearing on July 18, 1995, has reviewed and accepted as adequate a Short Environmental Assessment Form Pt. I submitted by the applicant and a Part II prepared by the Town Planning Department, a survey entitled " Survey Map of a Lot on Evergreen, Town of Ithaca, Tompkins County, New York" prepared by Howard Schlieder, P.E., L.S. and dated April 20, 1995, and other application materials, and 4. The Town Planning staff .has recommended a negative determination of environmental significance with respect to the proposed subdivision; ROM, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New Tork State Environmental Quality Review Act for the above referenced._ action as proposed and, therefore, an Environmental Impact Statement will.. not be required. Aye - Smith, Cornell, Hoffmann, Ainslie, Finch, Kenerson, Bell. Nay - None. The MOTION was declared to be carried unanimously. _btar Hays, Re r ing Secretary, Mar rya , Town of Ithaca Planning Board. Adm nistr ive Secret ry. 7/19/95. a • • is • • • tim 60not 121 FINAL ADOPTED ABSOLUTION: Poyer/Evergreen Lane Subdivision Preliminary & Final Subdivision Approval for 3 Evergreen Lane and further, Modification of Conditions of Original Subdivision Approval of October 4, 1988 Planning Board, July 18, 199S MOTION by Eva Hoffmann, seconded by Gregory Bell: WHEREAS: 1. This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of a portion of Town of Ithaca .Tax Parcel No. 22- 1-1.30, located at 3 Evergreen Lane, for consolidation with Town of Ithaca Tax Parcel No. 22-1-3, located at 210 DuBois Road, and further, modification of the conditions set forth in the Planning Board resolution o ctober 4, 1988 granting Final Subdivision Approval to the "foyer Cluster Subdivision" to allow for further subdivisions of lots in certain circumstances. Residence District R- 30. Jeffrey J. and Jody D. Boronkay, Owners. Robert Wheeler, Applicant, and 2. The Planning Board, at a Public Hearing held on July 18, 1993, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town Planning staff, a survey entitled " Survey Map of a Lot on Evergreen, Town of Ithaca, Tompkins County, New York" prepared by Howard Schlieder, P.E., L.S. and dated April 20, 1995, and other application materials, and 3. This is an Unlisted Action for which:'the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision 'Approval, has, on July 18, 1995, made a negative determination of environmental significance. NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Town of Ithaca Planning Board hereby consents to amending Paragraph 4 of the "Declaration of Restrictive Covenants" for the "foyer Cluster Subdivision" for which Final Subdivision Approval was granted by the Planning Board on October 4, 1988, dated April 28, 1989 and recorded May 17, 1989 at the County Clerk's Office in Liber 33 of Miscellaneous Records at Page $18, to allow the subdivision as proposed, and 3. That the Planning Board hereby grants Preliminary and Final Approval for the Proposed subdivision of 0.248 a/- acres from Town of Ithaca Tax Parcel No. 22- 1-1.30, located at 3 Evergreen Lane, for consolidation with Town of Ithaca Tax Parcel No. 22-1-3, located at 210 Duboise Road, as shown on the survey entitled "Survey Map of a Lot on Evergreen, Town of Ithaca, Tompkins County, New York" prepared by Howard Schlieder, P.E., L.S. and dated April 20, 1996, and other application materials, subject to the following condition(s): tid 60 ►ut 122 Poyer/Evergreen Lane Subdivision Preliminary A Final Subdivision Approval fbr S Evergreen Lane -Pace L- and further. Modification of Conditions of Original Subdivision Approval of October 4, 1988 Planning Board, July 18, 1995 a. Submission of the required Surveyor's Certificate signed and sealed by the applicant's surveyor prior to signing of the approved plat by the Planning Board Chair; b. Submission of the original or mylar copy, and tour (4) copies of the plat to be signed by the Planning Board Chair prior to filing in the County Clerk's Office. C. The .248 acre parcel be conveyed only to the owner of Tax Parcel No. 22- 1-3 and that such owner take all necessary steps to consolidate such .248 acre parcel with said Tax Parcel No. 22-1-3. AND BE IT FURTHER RESOLVED That the Planning Board hereby approves the modification of Paragraph 4 of the "Declaration of Restrictive Covenants" for the "Payer Cluster Subdivision" for which Final Subdivision Approval was granted by the Planning Board on October 4, 1989, dated April 28, 1989 and recorded May 17, 1989 at the County Clerk's Office in Liber 33 of Miscellaneous Records at Page 818, to allow subdivisions of properties within the subdivision in those instances where such subdivision involves only the modification of lot lines between adjoining parcels of land, and no creation of additional lots, for building or any other purposes would result, • conditioned upon Town Board approval of said modification. AND BE IT FURTHER RESOLVED That the Planning Board hereby recommend to the Town Board that it approve the modification to the above -referenced "Declaration of Restrictive Covenants" to allow subdivision of properties within the "Payer Cluster Subdivision". Aye - Smith, Cornell. Hoffmann, Ainslie. Finch, Kenerson, Bell. Nay - None. The MOTION was declared to be carried unanimously. 4&A2 /��& 4 -Starr Hays, Recording Secretary, Town of Ithaca Planning Board. Tompkins County S Mary'aRecor In the _ I Da rYa 9 at.A Administra a Secre Ol o'clo k 0 M , in Tiber S�o9__ 7/19/95. p} K al page and �lerk • • • 0