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Home My WebLink About272458-001I f Iuz 67 Pat 20400770 I 1 i, j AFFIDAVIT STATE OF NEW YORK ) COUNTY OF TOMPKINS ) MARK G. MASLER, being duly sworn, deposes and states: l . 1 am an attorney duly admitted to practice law in the State of New York and am associated with the law firm of Harris Beach & Wilcox, LLP. f 2. 1 represcntcd Timothy and Anne Benedict in obtaining an area variance from i the Town of Ithaca to allow a north side yard building set back of 13.6 feet for the property located at 174 Lexington, Town of Ithaca tax parcel no. 72.1-12.16.. 3. Attached hereto are three (3) pages excerpted from the minutes of the Town of Ithaca Zoning Board of Appeals for the meeting held December 9, 1998, documenting that the above -referenced area variance was granted. 4. Said minutes were filed with the Town of Ithaca on January 21, 1999. MARK G. MASLER Sworn to before me this 26th day of January, 1999 J1ti I 0 C7 0 FLOD TOWN Of MWA cici TOWN OF ITH�KA ZQ�_NjNq (L QAM OF AEEW WEDNESDAY. DECEMBER-9 1998 7:00 61TE& of Timothy and Anne Benedict, Appellants, Mark Masler, Agent, requesting a variance form theN requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to allow for an existing residential building to be maintained with a north side yard building setback of 14.6 feet (15 foot setback required), at 174 Lexrgtori Drive, Town of Ithaca Tax Parcel No. 72-1-12. 10, Residence District R- 15. APPEAL GRANTED 6EPEAL of Southern Tier Hospitality, dba Best Western University Inn, Owner/Applicant, jagat P. Sharma, Agent, requesting 1 special approval from the Zoning Board of Appeals under Article VII, Section 34 of the Town of Ithaca Zoning Ordinance, to allow for building renovations, including, but not limited to, the conversion of restaurant space to guest rooms, at the Best Western motel located at 1020 Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62 -2- 13.7, Business 04strict C, A varance from Section 37 of said Ordinance is also required to allow structures to be less than 30 feet to the south side property line (10t feet proposed). Additionally, variances from sections 5.02-1, 5-02- 4, and 6.01-4 of the Town of Ithaca Sign Law are also being requested to allow for the replacement of existing signs on the building's portico, which will also include new fighting. APPEAL GRANTED WITH CONDITIONS MINA of Cornell University, Appellant, Robert Blackeney, Agent, requesting a special approval RM the Zoning Board of Appeals' under Article V, Section 48.'pa(V-;iph 3 of the Town of Ithaca Zoning Ordinance, to allow for the construction of new bleacher seats and lighting for the Alumni Field soccer field variance from Section 18, paragraph 10 is also being requested to allow for lighting to be mounted on .8 poles, 70 feet in height, whereas such structures are limited to a height of 30 feet. APPEAL GRANTED 6EEFAL d Dennis Wile, Appellant, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinarice, to allow for the Conversion of a carport into enclosed living space with a north side yard building setback of12 feet (15 foot setback required) at 212 Muriel Street, Town of Ithaca Tax Parcel No. 70-1-7, Residence District R- I S. APPEAL of Robert Summers, Appellant, Daniel Strawbridge, Agent, requesting a variance from the requirements of Ancle IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permutted to enclose a carport, creating a garage with an east side building setback of 1,5 :t feet (10 foot setback required) at 116 McIntyre Place, Town of Ithaca Tax Parcel NO, 66-5.9, Residence District R- 15, APPEAL GRANTED mil 67 not 206 =ww cs wAW c t*r`1., Q TOWN OF ITHACA ZONING BOARD OF APPEALS nl tc�rl f WEDNESDAY. DECEMBER9, 1"$ i 7:00 p.m. RESENT, Chairman David Stolz, Ellsworth, Ronald Krantz, Harry James Niefer, Kirk Sigel, Andrew Frost, Director Building/Zoning; John Barney, Attorney for the Town: George Frantz. Assistant Town Planner, Christine Balesaa. Planner. OTHERS: Robert Blakeney, Cornell; Pat Graham, Cornell Athletics; Dan Strawbridge, Summers' Agent; Patricia 9. Page Wile, 212 Muriel Street Dorothy Summers, 116 McIntyre Place: John Gutenburger; Cornell University: Jagat P. Sharma, 312 East Seneca Street; Ruth Mahr, 103 Judd Falls Road; Mark Masler, Harris, Beach & Wilcox. Chairman Stotz called the meeting to order at 7:10 p.m., stating that all posting, publication, and notification of the public hearing had been completed and were in the same order. The first appeal to be heard by the board was as follows: AP_ PEAL of Timothy and Anne Benedict. Appellants. Mark Masler, Agent, requesting a variance form the requirements of Artce IV, Section 14 d the Town of Ithaca Zoning Ordinance, to allow fro an existing residential building to be maintained with a north side yard building setback d 14,6 feet (I5 foot setback required). at 174 Lervngton Drive, Town d Ithaca Tax Parcel No. 72- I-12.10, Residence District R-15. Mark Masler, Harris, Beach & Wilcox, stated it was discovered during refinancing thatthe house tedmically violates the side yard requirement in R.15. He is requesting an area variance to correct the area deficiency. it has existed for many years. The original survey showed the side yard as 15 ± feet A more accurate survey showed it was less than 15 feet. Mr. Masler would like to obtain a variance to correct the problem.. The house is located approximately 19 feet from the adjoining property owners. Chairman Stotz opened the public hearing and asked if any members of the public wished to be heard. With no person present to be heard, Chairman Stolz closed the publie fearing. MOTION . Harry Ellsworth, seconded by James Niefer. RE -SOLVED, that this board grant the appeal of Timothy and Anne Benedict, requesting a variance from Article IV, Section 14 dthe Town of Ithaca Zoning Ordinance, to allow for an existing residential building to be maintained with a north side yard building setback of 14.6 feet (15 foot setback required), at 174 Lexington Drive, Town of Ithaca Tax Parcel No. 72- I-12.10, Residence District R-15. A vote on the motion resulted as follows: AYES: Stutz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None. ABSTENTION: None, J • 1 t tim 67 ►ACE 207 ZONNG BOARD OF APPEALS 2 DECEMBER 9, 1"S APPROVED- APPROWD • APPROWD -/.1 -MY 13, 1999-APPROWD - AAPROWD -APPROVED The motion carried unanimousy. The second appeal to be heard was as follows: APPEAL of, Dennis- Wile, Appellant, requesting a variance from the requirements of Article N, Serion 14 of the Town of Ithaca Zoning Ordinance, to allow for the Conversion of a carport into enclosed Irving space with a north side yard building setback of 12 feet (15 foot setback required) at 212 Muriel Street, Town of Ithaca Tax Parcel No. 70- I -7, Residence District R-15. Patricia Page, 212 Muriel Street, stated the carport will not be entirely enclosed. They. are enclosing ten foot 1 distance into the carport, The back of the carport will still be able to house our cars. Mr. Wile is an artist and gave up his studio for a bedroom. They have been waiting to build a new studio for Mr. Wilk. , r Mr. Ellsworth asked where Mr. Wile has been working. Ms- Page stated he .is working in an area the size of a closet. Chairman Stotz asked if the entire carport will become a habitable space. Ms. Page responded only the back section of the carport. Chairman Stotz asked if the room would have bathroom facilities, Ms. Page`stated theywgLkd like to, but it is in the future. It would be done within the time frame of the building permit if they are able to . Chairman Stotz asked if the carport is attached to the house, Tompkins Coun , ss: Ms,. Page responded it is attached to the side of the house. Rf ded on the at 4ay EU ']Chairman Stotz asked if there are future plans for kitchen facilities. o'd k M., in Liof ili ntpage Ms. Page replied no. It will only be a studio, and examined. Attorney Barney asked when Ms. Page acquired the property. Ms. Page answered they acquired the property five years ago. They bought from the people who had bought from the Burmarts. Chairman Stotz opened the public hearing and asked if any members of the public wished to be heard.. With no members of the public wishing to be heard, Chairman Stotz dosed the public hearing. Andrewfrost, Director Building/Zoning, stated in the packet there is a copy of the Zoning Board of Appeals variance that was granted in the 1970s. This variance was for a porch that was being Added to the back of the house. The variance alWmd for a twelve.faot setback rather than 15 foot setback as required, kem number three within i ...,>.•:nu ..tn0.va:.w�:�•:*AN 4.s. ^::tvrv'N.•�...4 ar.:'uwYh,l....,y;y,: ..�....:s �,,,..;,...,, .y, �.. �.. , .: .,.:. ,.� ... - r.s, r ;r ...