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HomeMy WebLinkAboutZBA Minutes 2000-05-24 03 l TOWN OF ITHACA ZONING BOARD OF APPEALS << ;;�, -y�l -"-��`— WEDNESDAY, MAY 24, 2000 7 : 00 PM APPEAL of the Village of Cayuga Heights , Appellant , Brent Cross , PE , Agent , requesting a special approval from the Zoning Board of Appeals under Article IV , Section 11 (3) (d ) , to be permitted to locate a fire station , temporarily, at 1305 Hanshaw Road , Town of Ithaca Tax Parcel No , 70¢ 12 - 1 , 2 . 2 , Residence District R- 15 . APPEAL GRANTED APPEAL of Timothy Ciaschi , Appellant , requesting a variance from the requirements of Article IV , Section 11 (6) , to be permitted to construct a new single-family residence with a building height of 40 ± feet (36 foot height limitation ) at 120 Grove Road , Town of Ithaca Tax Parcel No , 23- 1 - 11 . 112 , Residence District R- 15 . APPEAL GRANTED APPEAL of Karen Dieter, Appellant , requesting a special approval under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to alter a nonconforming building with the renovation of a deck and porch at 631 Elmira Road , Town of Ithaca Tax Parcel No , 35- 1 -22 , Residence District R-30 . Said building is approximately 5 ± feet from the road right-of-way line (30 foot front yard setback required) . APPEAL GRANTED APPEAL of James B . Merod , 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 two-story building addition with a proposed west side yard building setback of 9 ± feet ( 15 foot setback required ) at 10 John Street , Town of Ithaca Tax Parcel No . 56-3- 13 . 12 , Residence District R- 30 . APPEAL GRANTED TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY MAY 24 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; Andy Frost , Director of Building/Zoning ; John Barney, Attorney for the Town (7 : 14 p . m . ) ; Mike Smith , Planner. ALSO PRESENT: Karen K. Dieter, 631 Elmira Road ; Brent Cross , Village of Cayuga Heights Engineer; William Evans , Village of Cayuga Heights Fire Chief; Tim Ciaschi , 124 Woolf Lane ., Jim Merod , 10 John Street ; Scott Wicks , 227 South Albany Street, Chairperson Stotz 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 the Village of Cayuga Heights , Appellant , Brent Cross , PE , Agent , requesting a special approval from the Zoning Board of Appeals under Article IV , Section 11 (3) (d) , to be permitted to located a fire station , temporarily, at 1305 Hanshaw Road , Town of Ithaca Tax Parcel No , 70- 12 - 1 , 2 .2 , Residence District R- 15 , Brent Cross , Village of Cayuga Heights Engineer, stated that the Planning Board has reviewed the proposal as far as site plan and environmental issues . The Village of Cayuga Heights fire station on Pleasant Grove Road is in need of replacement . There is a contract to reconstruct the fire station . It involves a full demolition and reconstruction . The fire department has vacated the building . They looked extensively for a property that would handle all their needs . This includes truck storage and as residence for the bunkers. They have a number of bunkers that used to stay at the Pleasant Grove Road site . They struggled to find a property that had all the elements that they need . They located this property at the former Collins site . It is still owned by Mrs . Collins . It has enough facilities to house the fire apparatus and the bunkers . There is an existing single family residence to house the bunkers . There are garage structures that could house the fire fighting apparatus . In the process of securing a lease with the owner, they found that they needed to come before the Town . He put together a report stating that there is no construction or alterations of the property necessary for this usage . The bunkers can use the house and the garages can house the fire apparatus . There is enough space within the site for parking and outdoor storage . The fire fighters will have room to park their vehicles . There will be some people who park there full time who live there . There will be other people who park there when there is a call . They will come in to the site . The Planning Board was concerned about the access to the site from the road . There is frontage available on the Hanshaw and Warren Roads . They may use both driveways . The Planning Board asked how the trucks would get into the flow of traffic during peak times . The fire department can place a fire fighter, which will act as a fire policeman , will stand in the road with the proper identification to control the traffic and get the trucks into the road . ZONING BOARD OF APPEALS PAGE 2 MAY 24, 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED The other question raised by the Planning Board was the potential noise issue . Since the fire department currently operates within a quiet residential neighborhood within the Village of Cayuga Heights and including the area in which it is going to be placed , the northeast portion of the Town . They are very familiar and very aware of the neighbors and the impact that their sirens and horns have on the community. They are unable to agree to never using the horns or sirens ; they can use them judiciously. The Planning Board also wanted to know if signs could be placed at the intersection . The County owns the road . The Town could not impose a condition , but they asked that it be coordinated with the County Highway Department , The County has agreed to letting the fire department put up signage . Mr. Niefer stated that he lives in the general area . He has not heard the fire horn . Is the fire horn going to be relocated on the Collins property? Mr. Cross stated that the horn would not be relocated . It is not going to be part of the new structure . William Evans , Village of Cayuga Heights Fire Department Chief, stated that he spoke with the general contractor. They are removing the horns . They are being stored . The horn will not be restored or reinstalled . They will be donated to another volunteer fire fighter that has done a lot of work for the fire department from an outside department . Mr. Niefer stated that they use good discretion in leaving the site on fire calls . He has not heard a lot of activity. Mr. Evans stated that they took into consideration the impact that they would have on the neighbors . They had a standing operating procedure in place about using the horns and sirens in the evening . After 10 : 00 p . m . , the procedure is that horns and sirens will only be used when approaching and intersection . They do come to a complete stop at an intersection after dark because of a noise factor. At the Collins house the lights and sirens will not be used until they are clear of the intersection . They will sit at the intersection , unless there is a working structure fire . Once they clear the intersection , they can use the sirens and lights sparingly. Mr. Krantz asked if there has been any reaction from the neighbors . Mr. Evans responded no . Mrs . Collins is happy to have the fire department close by. Most of the neighbors are also glad to have the fire department close . Chairperson Stotz asked if it was mostly a volunteer fire department . Mr. Evans responded that is completely volunteer. Chairperson Stotz stated that the report indicates that there is sufficient parking . ZONING BOARD OF APPEALS PAGE 3 MAY 24, 2000 APPROVED - APPROVED - APPROVED - JUL Y 12, 2000 - APPROVED - APPROVED - APPROVED Mr. Cross stated that there is more parking at the Collins site than there was at the old fire station . Chairperson Stotz asked if there was enough room for the fire fighters . What are they going to be doing and where will they be located ? Mr. Evans stated that they are a student-based organization . They would come to the house to do homework or watch television . Chairperson Stotz asked if there is sufficient room to accommodate everyone . Mr, Evans stated that they do not normally have more than 10 people " hanging out" . There is an office , the calm room , There is workspace in the old dining room . The company furniture has been set up in the living room . There is a television , three couches and two chairs . There is not an "on duty" other than bunkers . The bunkers are required to do three duty nights per week from 7 : 00 p . m . to 7 : 00 a . m . People can come to wait for calls . Chairperson Stotz asked if they looked at other sites . Mr. Cross stated that they did not look at a lot of sites . They did not find a lot of sites to look at that had significant garage space as well as a residence . Mr. Evans stated that it was a two-fold search . His first concern was housing the bunkers . They looked at the Carriage House Apartments , Lake Inn Apartments , and Brookside Apartments . The original plan was to house the vehicles at the Department of Public Works and have people respond from an apartment inside the Village . It was difficult to meet the needs of the bunkers and to have a landlord commit to a 10-month lease . The Collins property seemed to be an ideal place to pursue . Mr. Ellsworth asked if the open garage would suit their needs during the winter. Mr. Cross stated that it would not meet their needs in the winter. There is a completion date stated in the contract of December 1 , 2000 . There are liquidated damages after that date . They expect to be out of the Collins property before the snow. Mr. Ellsworth stated that the appeal is asking for one year. Mr, Cross stated that at the time they did not know. They wanted to cover themselves . There is a signed contract for December. There is a shorter completion date for the apparatus bay in a shorter period of time, The trucks could get into the building sooner. The bunkers and the finishing to the building will be done by December. Chairperson Stotz asked if the building is up to fire code . ZONING BOARD OF APPEALS PAGE 4 MAY 24 , 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED Mr . Frost stated that it would be self= regulated . Chairperson Stotz asked if there were smoke detectors . Mr . Evans responded that they installed smoke detectors in the upper level . There are smoke detectors it the living room , front hallway, and an over abundance supply of fire extinguishers. Mr. Frost stated that his office has not had any inquiries about the posted zoning notice . They would be exempt regarding the signage as long as it is relative , pertinent signage to the fire station . Mr. Niefer asked once the site is vacated , would their usage of it affect any future uses . Mr. Frost stated that the building is non -conforming . The garbage service that was there for many years was present prior to zoning . They were legally non -conforming . It has been vacant for many years . They have lost any grandfathered rights . They have been unable to sell the property for a number of years . He has offered to real estate agents to come before the board if there was some proposed purchase or use that was not consistent with the zoning . He does know of one person that might be coming before the board as a quasi- residential use once the fire department has vacated . Mr . Niefer stated that he would not like to have the character of the neighborhood changed because someone alleged that the Town allowed the fire department to use the site . Mr. Frost stated that the fire department is allowed by special approval . Chairperson Stotz asked if there would be any site improvements . Mr. Cross stated that they are going to improve the space that was previously graveled for parking . They are not going to increase the size of the driveway. Chairperson Stotz asked if there would be any structural changes . Mr. Cross stated that there are no structural changes . Some of the expensive fire apparatus will be parked in the sheds . As a security measure, there will be a temporary chain link fence put up around the area , Chairperson Stotz opened the public hearing at 7 : 26 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 : 27 p . m . ENVIRONMENTAL. ASSESSMENT : Mr. Smith stated that this is a developed site . Nothing is anticipated . ZONING BOARD OF APPEALS PAGE 5 MAY 24, 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED RESOLUTION NO. 2000=32 - ENVIRONMENTAL ASSESSMENT -- Village of Cayuga Heights Temporary Fire Station . MOTION made by Harry Ellsworth , seconded by James Niefer, RESOLVED , that this board makes a negative determination of environmental significance in the matter of Village of Cayuga Heights , requesting a special approval from the Zoning Board of Appeals under Article IV , Section 11 (3) (d ) , to be permitted to locate a fire station , temporarily, at 1305 Hanshaw Road , Town of Ithaca Tax Parcel No . 70- 12- 1 , -2 . 2 , Residence District R- 15 . A vote on the MOTION resulted as follows : AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel . NAYS : None . The MOTION was declared to be carried unanimously. Mr. Ellsworth asked if they would need more than one year. Mr. Cross stated that they are comfortable with one year. They need special approval from the board is the fire station function . It is contracted to be done by 150 days from the start of the project . Attorney Barney asked if the bunkers would need the living quarters after the fire apparatus leaves the site . Mr, Cross stated that the construction contract states that some of the apparatus bays will be completed at 150 days . It started at the beginning of the month , The entire project will be completed by December 1 8t, Mr . Frost stated that the Village of Cayuga Heights does provide fire service to the Town . Mr. Cross stated that the trucks are in various locations around the Village . There is a couple at the DPW garage , one at the Police Station , one at the fire residence . The response time would become more consistent if the trucks are at the same location as the fire fighters . It will be about 2 or 3 of the trucks that will be able to move back into the building . They want to get the bigger trucks as secure as early as possible . Mr. Evans stated that they wanted one of the engine trucks and one of the ladder trucks inside because of the tanks . They do not want the trucks to freeze . RESOLUTION NO. 2000=33 — SPECIAL APPROVAL — Village of Cayuga Heights Temporary Fire Station . ZONNG BOARD OF APPEALS PAGE 6 MAY 24 , 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED RESOLVED, that this board grants the appeal of the Village of Cayuga Heights , requesting a special approval under Article IV, Section 11 (3) (d ) , to be permitted to locate a fire station , temporarily, at 1305 Hanshaw Road , Town of Ithaca Tax Parcel No . 70- 12 - 1 , -2 . 2 , Residence District R- 15 , be approved based upon the following findings : a . That the current fire station is in need of repair to the degree that the fire apparatus cannot be stored there during such repairs ; and b . That the fire station 's equipment and personnel provide a vital community service ; and c . That such relocation will be temporary for a period of not more than one year; and d . That other suitable temporary sites do not exists in the Village of Cayuga Heights ; and e . That all of the requirements of the Town of Ithaca Zoning Ordinance Article IV , Section 77 , Paragraph 7 , Subparagraphs a-h have been met ; and f. That the conditions placed by the Planning Board in their meeting of May 16 , 2000 be met . A vote on the MOTION resulted as follows : AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel . NAYS : None . The MOTION was declared to be carried unanimously. The second appeal to be heard was as follows : APPEAL of Timothy Ciaschi , Appellant , requesting a variance form the requirements of Article IV , Section 11 (6) , to be permitted to construct a new single-family residence with a building height of 40 ± feet (36 foot height limitation ) at 120 Grove Road , Town of Ithaca Tax Parcel No . 23- 1 - 11 . 112 , Residence District R- 15 , Timothy Ciaschi , 124 Woolf Lane, stated that he is constructing a single-family home at 120 Grove Road . The house is higher than the allowed . He informed his architect . The architect did not want to change the height because it would change the look of the house . He said that New York State looks at it differently than the Town of Ithaca . It is usually the average grade to the mid- point of the roof . The Town takes the top of the roof to the lowest grade . Attorney Barney stated that the Town allows a large dimension . Mr. Frost stated that the proposed house site is secluded from other buildings . It is probably several hundred feet away from other buildings . ZONING BOARD OF APPEALS PAGE 7 MAY 24 , 2000 APPROVED - APPROVED - APPROVED - JUL Y 12, 2000 - APPROVED - APPROVED - APPROVED Mr. Ciaschi stated that he owns four acres in front of the proposed house and six acres behind the proposed house . Attorney Barney asked what is the height of roof. Mr, Ciaschi stated that he is not sure . It is a 10112 pitch . Mr. Frost stated that it is roughly 17 feet to the ceiling of the second story. Mr. Ciaschi stated that from the front it is a two- story house . They are removing a lot of dirt from behind the house to have a walkout basement . Mr. Ellsworth asked if the house is not visible because of the grade or because of the leaves on the trees . Mr. Frost stated that its location is several hundred feet away from any houses . Chairperson Stotz asked in the 105 feet between the Grove Road extension and the proposed house, is there vegetation . Mr. Ciaschi stated that it is small brush . Mr. Sigel asked if Grove Road Extension is an existing road . Mr. Frost responded no . The house is going to be visible . It will be several hundred feet away from other houses . Mr. Smith stated that the portion of the house that would be visible from other roads appears to be a two- story building . Mr. Niefer asked if this was being built as a spec house . Mr. Ciaschi responded that it is going to be his home . Attorney Barney asked who lives at 11 . 113 on the tax map . Mr. Ciaschi responded that Ken Audio was deeded that property many years ago . There is no house there . He lives in North Carolina . Chairperson Stotz stated that the driveway will be off Grove Road . Mr. Frost stated that Mr. Ciaschi did obtain an easement to cross some Town parkland that he had donated to the Town . The Town Board has reviewed the access to the parcel . ZONING BOARD OF APPEALS PAGE 8 MAY 24, 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED Chairperson Stotz asked why would they extend Grove Road . Attorney Barney stated that it was thought there might be another subdivision . They were reserving the ability to have a road . Chairperson Stotz stated that the height is not going to be in access of 40 feet . Mr. Ciaschi stated that it would depend upon how the house is being looked at . From the front , it is less than 40 feet . From the back, it is higher than the height limitation . Chairperson Stotz stated that it is more isolated than the other houses in the area . Mr. Ciaschi stated that he had a neighbor call him because they thought that the house would be near their pond . Chairperson Stotz opened the public hearing at 7 : 45 p . m . , and asked if any member of the public wished to be heard . With no persons to be heard , Chairperson Stotz closed the public hearing at 7 : 46 p . m . ENVIRONMENTAL ASSESSMENT: Mr . Smith stated that the three- story section of the house would be visible from the back. It will appear as a two-story house from Grove Road and Woolf Lane , Chairperson Stotz asked if the house will appear as a tall house from Woolf Lane . Mr. Smith stated that it would appear as a two-story house . When he was driving on Woolf Lane, there were only a couple of locations where the house could be seen . Mr. Frost stated that there are large houses in the area . Mr. Sigel stated that the board has been getting a number of these request . The houses were all about 39 feet . It might be appropriate to amend the law rather than continually grant variances . Mr. Ellsworth stated that it was amended a few years ago from 32 feet to 36 feet . Mr. Sigel stated that the law needs to be changed to allow this type of house to be built or the board should not be granting these approvals . Chairperson Stotz stated that most of the height variances have been on sites where there is a slope . This is the first that he can recall that is on a level site . Mr. Sigel stated that people are taking advantage with properties that have a natural slope . They could also move some dirt around and not have a walkout basement . ZONING BOARD OF APPEALS PAGE 9 MAY 24 , 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED Mr. Krantz stated that the law could also be changed so that they correspond with the State's law. Mr. Frost stated that it becomes more complicated . It is important to remember that the height limitation is not just a building code limitation . It is a zoning , land use limitation . Mr. Krantz stated that there should be a uniformity in the way that things are measured . Mr. Frost stated that it is simpler to go by the low point and high point . Mr. Sigel stated that he does not object to the method of measurement . Mr. Frost stated that it does offer the Town an opportunity to review the height variances . Mr. Sigel stated that it might not be desirable to allow the height to be 40 feet . It might be appropriate to allow one side of the house to show more face . This would accommodate sloping property. He feels that the board is making law by continuing to allow the height variances . Chairperson Stotz stated that the type of building that is happening in the Town of Ithaca is that it is more upscale housing . Those houses seem to be getting bigger and bigger. The height requirement has more to do with the topography of the Town and obstructing other people's views . This is a situation where it is not obstructing anyone's view. Mr. Ciaschi stated that he would not build a house if it would obstruct someone 's view. Attorney Barney stated that they struggled over drafting the existing law. They came to the conclusion that they wanted the duel measurement . The dimensions that they used were requiring a lot of variances . It was then increased by four feet . It used to be that the style of the house was a gradual pitch . The steep roofs cause the problems . This is fairly workable . It is a rare occasion that someone comes in and gives the board an opportunity to look at it , There might be a circumstance where it does impact someone's view. In that case the board could choose not to grant the appeal . Mr. Sigel stated that maybe one case per month is an exception given the number of houses being built . Mr. Frost stated that the board is seeing more because it is house construction season . Mr. Ellsworth stated that the board has a representative on Codes and Ordinances Committee . They can bring it to their attention . RESOLUTION NO. 2000=34 — ENVIRONMENTAL ASSESSMENT - Tint Ciaschi Height Variance MOTION made by Ronald Krantz, seconded by Harry Ellsworth . ZONING BOARD OF APPEALS PAGE 10 MAY 24, 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED RESOLVED, that this board makes a negative determination of environmental assessment in the matter of Timothy Ciaschi , requesting a variance from the requirements of Article IV , Section 11 (6) , to be permitted to construct a new single-family residence with a building height of no more than 41 feet at 120 Grove Road , Town of Ithaca Tax Parcel No . 23- 1 = 11 . 112 , Residence District R- 15 . A vote on the MOTION resulted as follows : AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel , NAYS : None . The MOTION was declared to be carried unanimously. RESOLUTION NO. 2000=35 — Height Variance — Tim Claschl . MOTION made by Harry Ellsworth , seconded by James Niefer. RESOLVED, that this board grants the appeal of Timothy Ciaschi , requesting a variance from the requirements of Article IV , Section 11 (6) , to be permitted to construct a new single-family or two- family residence with a building height not to exceed 41 feet , at 120 Grove Road , Town of Ithaca Tax Parcel No . 23- 1 - 11 . 112 , Residence District R - 15 based upon the following : a . That the benefit to the applicant out weighs any detriment to the neighborhood ; and b . That from several directions the house appears as a two-story home rather than a three-story home ; and C, That there has not been any objection from surrounding neighbors ; and d . That the site is a large parcel ; and e . That the new style of houses calls for a greater pitch creating a problem with a higher roof . A vote on the MOTION resulted as follows : AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel , NAYS : None . The MOTION was declared to be carried unanimously. The third appeal to be heard was as follows : APPEAL of Karen Dieter, Appellant , requesting a special approval under Article WII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to alter a nonconforming building with the ZONING BOARD OF APPEALS PAGE 11 MAY 24 , 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED renovation of a deck and porch at 631 Elmira Road , Town of Ithaca Tax Parcel No . 35 - 1 -22 , Residence District R-30 . Said building is approximately 5 ± feet from the road right- of-way line (30- foot front yard setback required ) . Karen Dieter, 631 Elmira Road , stated that the porch that is on the back of the house has dry rotted . It does need to be replaced . In replacing the porch , she wanted to enlarge it . She would like it to be longer and add a walkway to the parking area . The walkway will be about 3 feet wide and out away from the house . Mr. Sigel asked if the roof would remain . Ms . Dieter responded that the roof will not extend the full length of the deck. The roof will be replaced to be the current size . Chairperson Stotz asked who owns the land behind her house . Ms . Dieter stated that she does not know. Chairperson Stotz stated that she has a nice view. Ms . Dieter stated that the walkway will make it easier to enter the back of the house . The house is close to the road . The front of the house gets plowed in during the winter. Chairperson Stotz opened the public hearing at 8 : 03 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 8 : 04 p . m . Mr. Sigel stated that the only reason for the variance is because the house is non -conforming . Attorney Barney responded that it correct . ENVIRONMENTAL ASSESSMENT. Mr. Smith stated that there is no fill or grading taking place . There are no environmental impacts anticipated . RESOLUTION NO. 2000=36 — ENVIRONMENTAL ASSESSMENT — Karen Dieter. MOTION made by Ronald Krantz, seconded by Harry Ellsworth . RESOLVED, that this board makes a negative determination of environmental significance in the matter of Karen Dieter, requesting a special approval under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to alter a nonconforming building with the renovation of a deck and porch at 631 Elmira Road , Town of Ithaca Tax Parcel No . 35- 1 -22 , Residence District R-30 . ZONING BOARD OF APPEALS PAGE 12 MAY 24; 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED A vote on the MOTION resulted as follows : AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel , NAYS : None . The MOTION was declared to be carried unanimously. RESOLUTION NO. 2000=37 — SPECIAL APPROVAL = Karen Dieter. MOTION made by Kirk Sigel , seconded by Ronald Krantz. RESOLVED, that this board grants the appeal of Karen Dieter , requesting a special approval under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to alter a nonconforming building with the renovation of a deck and porch at 631 Elmira Road , Town of Ithaca Tax Parcel No . 35- 1 -22 , Residence District R-30 . Said building is nonconforming because the building is approximately 5 ± feet from the road right-of-way line (30-foot front yard setback required ) . The board finds that the conditions of Article XIV Section 77 , Subdivision 7 , Subparagraphs a-h have been met . A vote on the MOTION resulted as follows : AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel , NAYS : None . The MOTION was declared to be carried unanimously. The fourth appeal to be heard was as follows : APPEAL of James B . Merod , 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 two-story building addition with a proposed west side yard building setback of 9 ± feet ( 15 foot setback required ) at 10 John Street , Town of Ithaca Tax Parcel No . 56- 3- 13 . 12 , Residence District R -30 . Jim Merod , 10 John Street , stated that they want to build a house that will fit into the neighborhood . The house that he currently has is undersized compared to his neighbor' s house . The bedrooms are 10 x 10 feet . The kitchen is the size of a small walk- in closet . In order to this , they need to build to one side of the house or the other. The one side of the house has a water easement . They are unable to build to it . This requires them to build towards the neighbors . The neighbors do not have an objection . They are happy that there is going to be a buffer because they have a basketball court against the lot lint . After reviewing everything , they decided to move the garage to the other side of the house . The master bedroom will be on the opposite side of the house from the garage . The kitchen will be enlarged . They will also be adding a couple more bedrooms . ZONING BOARD OF APPEALS PAGE 13 MAY 24, 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED The original builder and owner built the house off square to the site . If the house was built square to the site , then he would be able to add the addition without coming before the board . Everything is offset . Mr. Sigel asked if they are converting the existing garage into living space . Mr . Merod stated that the existing garage will become their dining room and kitchen . The space above it will be the master bedroom and bath . The current master bedroom will become their daughter's bedroom . Mr. Sigel asked if the new garage will have living space above it . Mr. Merod stated that it will have a children 's playroom above it . The first level will be the garage . Mr . Merod stated that he bought the lot next to him because he loves the neighborhood . He wants to keep some woods because the lots are being bought up quickly. It is a cul-de-sac . He wanted to protect the lot . There is a water easement and there is a drainage ditch that takes the run - off from Charlene Drive . He is unable to build towards that size . The site is built into a hill . There is a birm behind the house . The reason that it is there because water comes from Eastern Heights down to their property. The first year the house was built, the water ran through his basement . The birm was created to allow the water to run around the house . Mr. Merod stated that his neighbors do not like his assessment . They feel it is too low for the neighborhood . There needs to be $ 125 , 000 for the house in addition to the lot . It comes out to being over $ 150 , 000 . His assessment is below that rate because of the size of the house . Chairperson Stotz asked if his neighbor rents out the space above his garage . Mr. Merod responded that there is an apartment above the garage that he rents out . They have had a run around on a few occasions . Sometimes their tenants have too many cars parking in his front yard . He has come to an understanding with his neighbors . If they are happy with the addition , then he is happy about their financial arrangement with their tenants . He is completely for the neighborhood . He hopes that he is within everyone's understanding of the neighborhood . Chairperson Stotz asked how the addition and the garage will be finished . Mr. Merod stated that it will all be wood cedar sided like the rest of his house . The shingles will be architectural shingles . Chairperson Stotz asked if he would be doing the work himself . ZONING BOARD OF APPEALS PAGE 14 MAY 24; 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED Mr, Merod responded yes . He is a builder. He is also building a house on 20 John Street , Chairperson Stotz asked when was the house purchased . Mr. Merod stated that they bought the house in January of 1998 . The original house was built in 1993. Chairperson Stotz asked if Mr. Merod 's intention was to stay in the house . Mr. Merod stated that he hopes that he can live in the house for 20 years . Chairperson Stotz asked if they have plans to sell the house once the improvements are made . Mr. Merod responded no . He feels that he is improving the character of the neighborhood . Chairperson Stotz opened the public hearing at 8 : 18 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 8 : 19 p . m . Chairperson Stotz stated that there is no environmental assessment. Chairperson Stotz stated that the problem comes from the house being unsquare to the lot . There is also a birm in the back of the house that keeps the property from flooding , which prevents building an addition to the back, There is also a water easement to the opposite side of the house . Mr. Sigel asked what is the setback of the garage . Mr. Merod stated that it would be about 9 feet . Chairperson Stotz asked how many square feet is the house currently. Mr. Merod responded that it is about 1450 square feet . They hope to have 3000 square feet including the garage . Without the garage space it will be about 2500 square feet . Chairperson Stotz stated that some of the reduction in the side lot is because of the depth of the garage . How deep will it be? Mr. Merod stated that it will be 24 feet deep . Chairperson Stotz asked if it is larger than a standard sized garage . Mr. Merod responded that the standard garage is 24 x 24 feet . ZONING BOARD OF APPEALS PAGE 15 ft/i�AY 2412000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED RESOLUTION NO. 2000=39= VARIANCE — James B . Merod, 10 John Street. MOTION made by Harry Ellsworth , seconded by James Niefer. RESOLVED, that this board grants the appeal of James B . Merod , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , be permitted to construct a two-story building addition with a proposed west side yard building setback of 9 feet ( 15 foot setback required ) at 10 John Street , Town of Ithaca Tax Parcel No . 56-3- 13 . 12 , Residence District R- 30 , based upon the following facts : a . That the addition will be similar materials as the house ; and b . That it is in keeping with the character of the neighborhood ; and C , That the there are restrictions on two sides of the house due to a birm in the back of the house and a water easement at one side ; and d . That this is the only way that this building could be expanded ; and e. That when the building was built, it was not built square to the lot . A vote on the MOTION resulted as follows : AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel . NAYS : None . The MOTION was declared to be carried unanimously. OTHER BUSINESS . Mr. Frost stated that they have four meetings scheduled for the June meeting . There are a couple of cases scheduled for July. Mr. Sigel asked where the board would get the money if they would like to go to the New York State Planning and Zoning Federation conference . Mr. Frost stated that they would need to look at the budget . The board should make their requests known . Chairperson Stotz stated that they need to give the Town some advance notice . He stated that he would like to attend the conference . Attorney Barney stated that it is a good program . ZONING BOARD OF APPEALS PAGE 16 MAY 24: 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED Mr. Ellsworth stated that it would be good for new members to attend . irperson Stotz adjourned the meeting at 8: 23 p . m . J__ . 67 David D . tz, Chairperson . Carrie L. oa es , Deputy Tow CIA, 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, May 24, 2000, 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: May 16, 2000 Date of publication : May 19, 2000 I ceQ Dani L. Holford, Building and Zoning artment Secretary, Town of Ithaca STATE OF NEW YORK ) SS. : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 19th day of May, 2000. 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