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HomeMy WebLinkAboutZBA Minutes 2000-03-08 Date TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY, MARCH 8. 2000 7 : 00 P. M . APPEAL of South Hill Cemetery Association , Appellant , Raymond Mayo , Agent , requesting a Special Approval from the Zoning Board of Appeals under Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to expand the cemetery land area at 822 Coddington Road , Town of Ithaca Tax Parcel No . 46- 1 -9 and a portion of parcel No . 46- 1 - 15 . 2 , Residence District R-30 . APPEAL GRANTED APPEAL of George Blanchard , Appellant , requesting a variance from the requirements of Article V , Section 20 of the Town of Ithaca Zoning Ordinance , to be permitted to construct an accessory building with a height of 20 ± feet ( 15 foot height limitation ) to house farm equipment , located at 165 East King Road , Town of Ithaca Tax Parcel No . 44-2-7 , Residence District R-30 . APPEAL GRANTED TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY, MARCH 8. 2000 7 : 00 P. M . PRESENT: David Stotz, Chairperson ; Harry Ellsworth , Board Member; Ronald Krantz, Board Member; James Niefer, Board Member; Kirk Sigel , Board Member; Andrew Frost , Director of Building/Zoning ; John Barney, Attorney for the Town ; Michael Smith , Planner. OTHERS : Raymond J . Mayo , 335 Ridgecrest Road ; John C . Shepardson ; 80 Muzzy Road ; Ralph Nash , 115 West Green Street; Dawn & George Blanchard , 165 East King Road . Chairperson Stotz led the meeting to order at 7 : 08 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 South Hill Cemetery Association , Appellant , Raymond Mayo , Agent , requesting a Special Approval from the Zoning Board of Appeals under Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to expand the cemetery land area at 822 Coddington Road , Town of Ithaca Tax Parcel No . 46= 1 =9 and a portion of parcel No. 46= 1 - 15 . 2 , Residence District R-30 . Ralph Nash , 115 West Green Street , stated that under current projects the cemetery will run out of space in the next 2 or 3 years . They have a need to expand . An additional acre will create 200 to 300 more cemetery lots for the organization . They have received subdivision approval from the Planning Board . The cemetery group was incorporated in 1877 . They need special approval in order to expand . Mr. Sigel asked how much longer would the acre last . Mr. Nash stated that it should last another 15 to 20 years . Attorney Barney stated that the application states the land will be acquired by negotiated sale or condemnation . Does the cemetery association have the authority to condemn ? Mr. Nash responded that they do . They did commence some preliminary proceedings to do so . Eventually they did reach a sale agreement with the owner. Chairperson Stotz stated that it is 121 feet deep by 359 feet wide . Mr. Nash stated at the time that they made the application they did not have a survey map of the property. Chairperson Stotz asked if there would be any buildings on the acquired property. Mr. Nash stated that there would not be any buildings . There will be an access roadway path . It is an extension of the current access way. ZONING BOARD OF APPEALS PAGE 2 MARCH 8, 2000 APPROVED - APPROVED - APPROVED - MAY 10, 2000 - APPROVED - APPROVED - APPROVED Chairperson Stotz opened the public hearing at 7 : 12 p . m , and asked if any member of the public wished to be heard . With no persons present to be heard , Chairperson Stotz closed the public hearing at 7 : 13 p. m . ENVIRONMENTAL ASSESSMENT: Chairperson Stotz stated that the cemetery meets the Department of Health regulations in terms of distance from watercourses and reservoirs . MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED, that this board makes a negative determination of environmental significance in the matter of South Hill Cemetery Association, requesting a Special Approval from the Zoning Board of Appeals under Article V. Section 18 of the Town of Ithaca Zoning Ordinance, be permitted to expand the cemetery land area at 822 Coddington Road, Town of Ithaca Tax Parcel No. 46- 1 -9 and a portion of parcel No. 46- 1 - 15.2, Residence District R-20. A vote on the MOTION resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None, The MOTION was declared to be carried unanimously. Chairperson Stotz asked what is located on the east side of the property. Mr. Nash stated that there is a house on the property. MOTION made by Harry Ellsworth, seconded by Ronald Krantz RESOLVED, that this board grant the appeal of the South Hill Cemetery Association, requesting a Special Approval from the Zoning Board of Appeals under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, be permitted to expand the cemetery land area at 822 Coddington Road, Town of Ithaca Tax Parcel No. 46- 1 -9 and a portion of parcel No. 46- 1 - 15. 2, Residence District R-20, ha ving met the conditions of Section 77, subdivision 7, subparagraphs a -h with the condition that the it be in accordance with the application. A vote on the MOTION resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None, The MOTION was declared to be carried unanimously. ZONING BOARD OF APPEALS PAGE 3 MARCH 8, 2000 APPROVED - APPROVED - APPROVED - MAY 10, 2000 - APPROVED - APPROVED - APPROVED The second appeal to be heard was as follows : APPEAL of George Blanchard , Appellant , requesting a variance form the requirements of Article V , Section 20 of the Town of Ithaca Zoning Ordinance , to be permitted to construct an accessory building with a height of 20 ± feet ( 15 foot height limitation ) to house farm equipment , located at 165 East King Road , Town of Ithaca Tax Parcel No. 44-2-7 , Residence District R-30 . George Blanchard , 165 East King Road , stated that he would like to build a pole barn for a tractor. Mr. Niefer asked if Mr. Blanchard is actively engaged in farming the land . Mr. Blanchard stated that he has a John Deer A . The reason for the height of the door is because the John Deer A is fairly tall in height . He would like to be able to drive the tractor into the barn . Chairperson Stotz asked where Mr. Blanchard presently stores the farm equipment . Mr. Blanchard stated that it is at his father's house. Mr. Frost stated that Mr. Blanchard mentioned that access drive was going to come in at a different location from the current driveway. Mr. Blanchard stated that it would be on the northwest corner where the pond is located . Once you enter the lot , it would be parallel to the road for about 300 feet then there is an access cut down the middle of the property that will access the barn . Mr. Frost stated that 433 feet is shown on the portion of the property near Bruno and then another 1400 feet . There is a total of 1800 feet . Mr. Blanchard stated that is correct . It is the latest survey. Chairperson Stotz stated that there are a lot of trees on the property. Would the trees screen the pole barn from Chase Lane ? Mr. Blanchard stated that he couldn 't see a house from where the barn will be located . He stated that he is not sure why a variance is needed for a single-story building . He is unable to build a building with less height . Mr. Niefer asked if Mr. Blanchard was planning to do anything else in the building other than the storage of farm equipment . Mr. Blanchard stated that it is going to be a traditional dirt floor pole barn that is unheated . ZONING BOARD OF APPEALS PAGE 4 MARCH 8, 2000 APPROVED - APPROVED - APPROVED - MAY r0, 2000 - APPROVED - APPROVED - APPROVED Attorney Barney asked if there would be plumbing . Mr. Blanchard responded no . Chairperson Stotz asked if it would be open on the sides . Mr. Blanchard responded no . It is going to be enclosed . Chairperson Stotz asked what is the siding . Mr. Blanchard replied it would have the same siding as the house . Mr. Sigel asked if the barn would have electricity. Mr. Blanchard stated that he does not plan on having electricity in the barn . It is a cold storage building . Chairperson Stotz asked if it would have eaves troughs. Mr. Blanchard replied that it would not . He is going to have one-foot over hangs . Mr. Niefer asked if he was planning to use the barn to store equipment that he would use for any kind of business operation . Mr. Blanchard stated no . Mr. Niefer stated that it is a nice residential area . Chairperson Stotz opened the public hearing at 7 : 25 p . m . , and asked if any members of the public wished to be heard . With no persons present to be heard , Chairperson Stotz closed the public hearing at 7 : 26 p . m . ENVIRONMENTAL ASSESSMENT: Attorney Barney stated that this is a large building for one John Deer tractor. Mr. Blanchard stated that to double the size of the building is not much more expensive than to build the smaller building . Mr. Frost stated that there is a large house on the property. He might want to store something else in the barn down the road . Attorney Barney stated that the reason for the barn does not require the size that is being built . The concern is that in an R-30 zone the uses be limited to those that are permitted in the zone . A ZONING BOARD OF APPEALS PAGE 5 MARCH 8, 2000 APPROVED - APPROVED - APPROVED - MAY 10, 2000 - APPROVED - APPROVED - APPROVED large building such as this often invites a need to move into some type of business that would support it. Mr. Blanchard stated that he did not want to by a canvas tent over the tractor. He wanted something of more quality. He also has a boat that he would like to store in the barn . Chairperson Stotz asked if he had horses . Mr. Blanchard stated that he has horses at his parents' house . It is not being built for horses . ENVIRONMENTAL ASSESSMENT: MOTION made by Ronald Krantz, seconded by James Niefer. RESOLVED, that this board makes a negative determination of environmental significance in the matter of George Blanchard, requesting a variance from the requirements of Article V, Section 20 of the Town of Ithaca Zoning Ordinance, to be permitted to construct an accessory building with a height of 20 ± feet ( 15 feet height limitation) to house farm equipment, located at 165 East King Road, Town of Ithaca Tax Parcel No. 44-2- 7, Residence District R-30. A vote on the MOTION resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None. The MOTION was declared to be carried unanimously. Chairperson Stotz stated that the reason for the height increase is because of the height of the traffic . Mr. Blanchard stated that in order to structurally build the building , the joices with an 8/ 12 pitch makes it a 20-foot building . He cannot build a shorter building with the 10-foot sidewall . The joices run the shortest distance . Chairperson Stotz asked how much would the width of the building need to be reduced in order to comply with the ordinance . Mr. Blanchard stated that he would not be able to pull a tractor with a brushhog or his boat into the building . The code is 15 feet height . Attorney Barney stated that the code is designed for garages . It was also adopted at a time when the style was lower roofs . ZONING BOARD OF APPEALS PAGE 6 MARCH 8 , 2000 APPROVED - APPROVED - APPROVED - MAY 10, 2000 - APPROVED - APPROVED - APPROVED Chairperson Stotz stated that he would be inclined not to approve this , but it is on a large piece of property and trees screen it . It is clearly a large building . Mr. Blanchard responded that it is not as tall as his house . Chairperson Stotz stated that it is still a large building as opposed to a garage or utility building . Mr. Krantz stated that 1700 square feet is the size of a house . Mr. Frost stated that the width of the boardroom is about 25 feet . The length is 34 feet . Mr. Blanchard stated that he does not know of the average size of a pole barn . Mr. Frost stated that he could not see Mr. Blanchard 's house from Chase Lane . It can be seen from King Road . The area of the proposed building cannot be seen from Chase Farm . It is hard to see Chase Farm coming from Mr. Blanchard 's driveway. Mr. Smith stated that he did drive into Chase Farm . He could not see Mr. Blanchard 's house . Mr. Frost stated that it is very secluded . Mr. Krantz stated that the building would be approximately double the size of the boardroom . Mr. Frost stated that it will be another five feet wider and another 15 feet longer than the boardroom . Mr. Niefer asked if notices were sent to the neighbors . Mr. Frost responded yes. It is noted that the 10-foot sidewall would accommodate a 9-foot door for farm equipment . Mr. Blanchard responded that it was done in the center. It was done more for aesthetics . Chairperson Stotz asked if the roof would be the same style roof as the house . Mr. Blanchard stated that he might have a steel roof , but he is being told that they sweat a lot . He does not want moisture . It will probably be the same that is on the house . Chairperson Stotz asked if it would be insulated . Mr. Blanchard responded that it would not be insulated . Chairperson Stotz asked if he would like to have the barn insulated at a later date . ZONING BOARD OF APPEALS PAGE 7 MARCH 8, 2000 APPROVED - APPROVED - APPROVED - MAY 10, 2000 - APPROVED - APPROVED - APPROVED Mr. Blanchard stated that he is not building it to insulate it . It is possible at a later date . It would be nice to have his riding lawn mower on a pad , but it would be done at a later date . Chairperson Stotz asked if Mr. Blanchard discussed this with Mr. Newhart , Mr. Blanchard stated that he has had discussions with Mr. Newhart and he does not have any problem . Mr. Frost asked if Mr. Blanchard would be able to have a home occupation out of the building with the proposed condition in the resolution . He would not be able to do something that is permitted . Attorney Barney stated that it is a condition of getting a variance for a very large accessory building in an Rm30 zone . If he wanted to do something later on , he could come back to the board . Mr. Blanchard stated that the board passed a pole barn building structure , with concrete floor and heated of the same footprint without restrictions . Why is this different ? Mr. Frost stated that it is difficult for the board to know the circumstances without being able to see the file . They do not have the file before them . The person did have some home occupation components to it . Mr. Blanchard stated that he was not prohibited from commercial use . Mr. Frost stated that he was prohibited from having a bathroom . Attorney Barney stated that each application is taken on its face . This board and the prior boards are not going to be unreasonable if there is a need shown . He came in with a particular application for a particular building with for a particular use . There might have been conditions imposed on that application as well . This board has a concern about the size of the building . It is being represented to the board that the purpose of the building is cold storage . They are willing to allow that . They do want to retain an element of control that if the use changes that it be brought before the board . Mr. Blanchard asked if he would be required to share the use change . Attorney Barney stated that absent the restriction , he would not be obliged to come forward as long as the use was permitted it the zone . There are some types of commercial uses as home occupations . This is introducing what could be a very large home occupation in a residential zone . MOTION made by Harry Ellsworth, seconded by Ronald Krantz RESOLVED, that this board grants the appeal of George Blanchard, requesting a variance from the requirements of Article V, Section 20 of the Town of Ithaca Zoning Ordinance, to be permitted to construct an accessory building with a height of no more than 21 feet (15 foot height limitation) to ZONING BOARD OF APPEALS PAGE 8 MARCH 8, 2000 APPROVED - APPROVED - APPROVED - MAY 10, 2000 - APPROVED - APPROVED - APPROVED house farm equipment and a boat, located at 165 East King Road, Town of Ithaca Tax Parcel No. 44- 2- 7, Residence District R-30, with the condition that the building shall not be used for any commercial purposes based on the following findings: a . the need for the height is a result of the fact that the building has a very large footprint and in order to obtain a reasonable pitch to the roof, it is needed to exceed the normal height limits; and b, this is a very large building in an area that is on a large piece of property, but nevertheless is a residential R-30 zone; and cc as a result there is a concern that the building not be used for something that would cause a change in the neighborhood character and alter the area as a residential zone; and d, therefore the board finds is appropriate to impose a condition that no commercial activities be conducted out of the building. A vote on the MOTION resulted as follows: AYES: Stolz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None. The MOTION was declared to be carried unanimously. C41 Zitther business , Chairperson Stotz adjourned the meeting at 7 : 44 p . m . David D. 81c" t z, C airperson I Carrie L. Coates , Deputy Town Clerk TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, MARCH 8, 2000 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, March 8, 2000, 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 South Hill Cemetery Association, Appellant, Raymond Mayo, Agent, requesting a Special Approval from the Zoning Board of Appeals under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to expand the cemetery land area at 822 Coddington Road, Town of Ithaca Tax Parcel No. 46- 1 -9 and a portion of parcel No. 46- 1 - 15 .2, Residence District R-30. APPEAL of George Blanchard, Appellant, requesting a variance from the requirements of Article V, Section 20 of the Town of Ithaca Zoning Ordinance, to be permitted to construct an accessory building with a height of 20 ± feet ( 15 foot height limitation) to house farm equipment, located at 165 East King Road, Town of Ithaca Tax Parcel No. 44-2-7, Residence District R-30 . 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: February 29, 2000 Published: March 3 , 2000 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, March 8. 2000, commencing at 7:00 P.M., as per attached. Location of sign board used for posting: Bulletin board, front entrance of Town HaIL Date of posting: February 29, 2000 Date of publication: March 1 and March 3, 2000 o J Dani L. Holford, Building and Zon g Department Secretary, Town of Ithaca STATE OF NEW YORK ) SS. : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 3rd day of March, 2000. 0 6 L Notary Public DEBORAH KELLEY Notary Public, State of New York. No. 01 KE6025073 Cluallfied in Schuyler Cou Commission Expires May 17, 20