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HomeMy WebLinkAboutZBA Minutes 2008-05-19 FILE Zoning Board of Appeals DATE _ 215 North Tioga Street, Ithaca, NY 14850 Monday, May 19 , 2008 7 : 00 PM Present Board Members : Kirk Sigel , Chairman ; Harry Ellsworth , Ron Krantz , James Niefer, David Mountin . Staff Members : Carrie Coates Whitmore , First Deputy Town Clerk; Susan Brock , Attorney for the Town ; Christine Balestra , Planner. Excused Andrew Dixon ( alternate) . Others Reed and Greta Dewey , Melinda Staniszewska , James Bryan . Call to Order Chairperson Sigel called the meeting to order at 7 : 10 p . m . He welcomed everyone to the April meeting of the Town of Ithaca Zoning Board of Appeals and listed the appeals before the Board . He adjusted the order of the appeals , moving Mr. MountinIs appeal to the end of the meeting . Appeal #1 Reed & Greta Dewey, Owners/Appellants , requesting a variance from the requirements of Chapter 270 , Article IX, Section 270 =71 ( C) of the Town of Ithaca Code , to be permitted to construct an addition to a home located at 203 Roat Street, Town of Ithaca Tax Parcel No . 71 =5-3 , Medium Density Residential Zone ( MDR) . The proposed addition will encroach into the required 15-foot side yard setback for structures in the MDR Zone . Reed and Greta Dewey introduced themselves to the board and briefly stated that they live in a relatively small house . Currently Ms . Dewey does all of her artwork in the kitchen and their proposed addition would give her a space for her artwork . Chairperson Sigel announced the Town received a letter from the Deweys ' neighbor at 205 Roat Street expressing support for the appeal . Chairperson Sigel expressed confusion over the letter sent to Mr. and Mrs . Dewey by the Town ' s Code Enforcement Officer, Steve Williams . He thought the reason the variance was needed was because the accessory building is attached to the deck and the deck is attached to the house , which makes the building part of the house . If the addition was not attached to the deck , Chairperson Sigel did not think a variance would be needed because it would only be subject to a 3 foot setback . Chairperson Sigel solicited questions from the board . Mr. Niefer asked if any trees will need to be removed to make room for the addition . Mr. Dewey thought they may have Zoning Board of Appeals Minutes of May 19, 2008 to remove one tree from the area . Mr. Niefer assumed there would be heat in the addition , but wondered if there would be plumbing to the building . Mr. Dewey indicated there would not be plumbing in the building . Chairperson Sigel confirmed the building would not be used as a second dwelling unit . Mr. Niefer commented the addition fits in with the character of the neighborhood and does not encroach too much onto the property line . Fellow board members agreed . The board discussed limiting the occupancy use to the current owners , but decided it was not necessary to do so . Ms . Brock added that if the building were considered an accessory building , it would still need a variance because accessory buildings in the Medium Density Residential zones need to be in the rear yard ; they are not permitted in the side yard . Ms . Balestra commented that if the deck is counted as part of the principle structure then the addition is considered to be in the side yard ; if only the house is counted as the principle structure then it would be considered to be in the rear yard . Chairperson Sigel noted there was not an environmental assessment for the appeal . He opened the public hearing at 7 : 11 p . m . and invited members of the public to address the board . There being no one interested , Chairperson Sigel closed the public hearing at 7 : 11 p . m . Chairperson Sigel moved to grant the appeal of Reed and Greta Dewey with the conditions that the addition be no closer to the side lot line than 8 . 5 feet , the addition be built as shown on submitted plans , and with the findings that all requirements of an area variance had been met. ZB RESOLUTION NO. 2008-033: Area Variance, Reed and Greta Dewey, 203 Roat Street, Tax Parcel No. 71 . -5-3 Moved by Kirk Sigel, Seconded by James Niefer. RESOLVED, that this board grants the appeal of Reed and Greta Dewey requesting a variance from the requirements of Chapter 270, Article IX, Section 270- 71 (C) of the Town of Ithaca Code, to be permitted to construct an addition to a home located at 203 Roat Street, Town of Ithaca Tax Parcel No. 71 . -5-3, Medium Density Residential Zone (MDR) with the following: Conditions: 1 . That the addition be no closer to the side lot line than 8. 5 feet, and 2. That the addition be built as indicated on the plans submitted by the applicant to this board. Findings: Page 2 of 10 Zoning Board of Appeals Minutes of May 19 , 2008 That this board finds that the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community. Specifically: 1 . That while the benefit the applicant wishes to achieve, which is to create a space for doing art activities and could be achieved in another portion of the lot, the location the applicant has chosen is a reasonable location, 2. That there will not be an undesirable change in the neighborhood character or change to nearby properties as evidenced by support from the neighbor most affected by this, 3. That the request is a substantial encroachment into the setback, never-the-less, the applicant still meets the balancing test for an area variance, 4. That there will not be adverse physical or environmental affects, and 5. That while the alleged difficulty is self-created, none -the -less, the benefit to the applicant does outweigh the detriment to the health, safety, and welfare of the community. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin. NAYS: None . The motion was declared to be carried unanimously. Appeal #2 Robert Hilton , Owner/Appellant, James A. Bryan , Agent, requesting variances from the requirements of Chapter 270 , Article XXV, Sections 270-205 and 270 -208 , Article VII , Section 270-47 ( F ) and possibly Section 27047( C) , of the Town of Ithaca Code , to be permitted to convert an existing unheated sunroom to create habitable space in a residence located at 940A East Shore Drive , Town of Ithaca Tax Parcel No . 18-5-3 , Lakefront Residential ( LR) Zone . The residence is an existing non-conforming structure located on an existing non-conforming lot. The proposed conversion will increase the existing non-conformities and will further violate the 25-foot minimum required setback from the shoreline and possibly the 20 -foot required side yard setback for structures in the LR Zone . The applicant is also requesting a variance , pursuant to the Flood Damage Prevention Law , Chapter 157 of the Town of Ithaca Code to make a "substantial improvement to a residential structure " where the lowest floor is not elevated above the base flood elevation . Additional variances may be necessary. James Bryan introduced himself to the board and stated Paul Yaman Construction was approached by Tom Hilton for renovations because he plans to live in the structure Page 3 of 10 Zoning Board of Appeals Minutes of May 19 , 2008 year- round . He explained that the front porch was built in 1922 and the project consists of reframing two walls and knocking out the end wall of the existing living room , converting the area into heated living space . It wasn 't until they received the site plan that they realized how close the property is to the property line . He knows that there is consideration with the flood plane , but the structure has been present for a number of years . Mr. Ellsworth asked how many times the property has flooded since 1922 . Mr. Bryan did not know. Chairperson Sigel suggested that the board tackle the flood issue first. Chairperson Sigel and Ms . Brock discussed flooding and concluded that the Flood Damage Prevention chapter did not apply to this situation because the chapter includes a definition for substantial improvement , which this project did not meet . Ms . Brock added that she looked at the building permit application and the amount listed for the improvement was $ 55 , 000 and the 2008 tentative assessment for the property is $ 169 , 000 . Mr. Ellsworth asked if the Town would be liable if the property were to flood . Chairperson Sigel did not think so because the board could not require the property owner to comply with the Flood Damage Prevention chapter because they do not meet the threshold of substantial improvement . Mr. Niefer asked if the elevation of the improvement area would be changed . Mr. Bryan responded that the elevation will remain the same . Chairperson Sigel asked how long the present owner has owned the house . Mr. Bryan thought the owner bought the property is 2005 or 2006 . Mr. Niefer asked if the remodeled space would be heated . Mr. Bryan explained that they are going to extend duct work form the existing forced hot air furnace . Mr. Mountin commented that the footing foundation looked to be in pretty good shape . Mr. Bryan thought that a new treated post was put on an existing concrete pilaster. Mr. Mountin asked if the foundation was in good condition . Mr. Bryan said he looked and there were a couple of supports that could be replaced ; the entire existing structure is on stilts . The board discussed whether or not variances were needed for sections 270-47c and 270 -f and determined that variances were needed . Mr. Krantz commented that it was a tough case to decide because on one hand the nonconformities were being compounded , but on the other the footprint of the house is not being changed and the proposed changes are reasonable . Chairperson Sigel agreed . Mr. Ellsworth asked Mr. Walker, as Town Engineer, if he had any concerns about the project . Mr. Walker responded that the house is already built on stilts over the water and the outside limit of the structure is already there . Ms . Brock thought that the fact the house was built on stilts indicates that it was expected to be close to the water at times of high water. Mr. Walker added that any design of the structure needs to follow Page 4 of 10 Zoning Board of Appeals Minutes of May 19 , 2008 the design elements in the Flood Plan law and more detail will need to go into the plan to get the final design . Mr. Mountin commented that it did not seem like a lot of work for $ 50 , 000 . Mr. Bryan explained that the room currently does not have insulation and they need to install sheetrock and windows . The project also consisted of the kitchen being remodeled , electrical upgrade , a new stairway to the second floor, laminate flooring throughout , demolition of a shower and turning it into a laundry room . Chairperson Sigel confirmed that the applicant did not need a variance regarding the flood plan because it did not meet the flood damage property law threshold for value of improvement . Mr. Krantz felt that the applicant was already living in an improved structure that he should be able to live there a little more comfortably. Mr. Bryan asked if the flooring throughout the structure needed to be flood resistant . Mr. Walker recommended that any new construction be resistant to flooding . Chairperson Sigel asked if there were any comments on the environmental assessment. Ms . Balestra responded staff did not have any environmental concerns . Ms . Brock added that the Part II form makes reference to the Flood Damage Prevention Law and the board may wish to strike C4 paragraph 2 and the phrase , " increase the existing non- conformities" and "may further" from C4 paragraph 1 . Chairperson Sigel opened the public hearing at 7 : 44 p . m . and invited members of the public to address the board . There being no one present to address the board , Chairperson Sigel closed the public hearing at 7 : 44 p . m . Chairperson Sigel moved to make a negative determination of environmental significance for the reasons stated in the Part II environmental assessment form prepared by Town staff and with the form modified to strike C4 paragraph 2 and the phrase , " increase the existing non -conformities" and " may further" from C4 paragraph 1 . Mr. Krantz seconded . Vote on motion — carried unanimously . ZB RESOLUTION NO. 2008-034 : Environmental Assessment, Robert Hilton 940A East Shore Drive, Tax Parcel No. 18. -5-3 Moved by Kirk Sigel, Seconded by Ron Krantz. RESOLVED, in regard to the appeal of Robert Hilton, that this board makes a negative determination of environmental significance for the reasons stated in the Part 11 Environmental Assessment Form prepared by Town staff modified to strike the phrase, "increase the existing non-conformities " and "may further" from C4 paragraph 1 and to strike the entire second paragraph of section C4. Vote on the motion resulted as follows: Page 5 of 10 Zoning Board of Appeals Minutes of May 19 , 2008 AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin. NAYS: None . The motion was declared to be carried unanimously. Chairperson Sigel moved to grant the appeal of Robert Hilton with conditions that the house footprint not change , the elevation of the new construction be the same as the existing living room , appropriate plans be submitted to the Town Building Department , applicant obtain all necessary State and Army Corp of Engineers permits , and with the findings that a variance from Chapter 157 was not needed because the application did not meet the definition of a substantial improvement or new construction listed in the chapter, a variance from Chapter 205 is not needed because the nonconformity of the property is not increased by the proposed alterations , and that all requirements for an area variance had been met , specifically listing how each criterion had been met . Mr. Ellsworth seconded . Vote — carried unanimously. ZB RESOLUTION NO. 2008435: Area Variances, Robert Hilton, 940A East Shore Drive, Tax Parcel No. 18. -5-3 Moved by Kirk Sigel, Seconded by Harry Ellsworth . RESOLVED, that this board grants the appeal of Robert Hilton requesting variances from the requirements of Chapter 270, Article XXV, Section 270-208, Article VII, Section 270-47(F) and Section 270-47(C), of the Town of Ithaca Code, to be permitted to convert an existing unheated sunroom to create habitable space in a residence located at 940A East Shore Drive, Town of Ithaca Tax Parcel No. 18. -5-3, Lakefront Residential (LR) Zone. The residence is an existing non-conforming structure located on an existing non -conforming lot. With the following: Conditions: 1 . That the footprint of the house not change, 2. That the elevation of the floor of the porch, where the new construction is taking place, be no lower than the elevation of the existing living room, 3. That plans acceptable to the Town Building Department be presented before a building permit is issued, 4. If any approvals are necessary from the State or the Army Corps of Engineers to allow construction over the lake, that those approvals be received before issuance of the building permit. Findings: Page 6 of 10 Zoning Board of Appeals Minutes of May 19 , 2008 1 . That a variance from Chapter 157, the Flood Damage Prevention chapter, is not required for the applicant because this proposal does not meet the definition of a substantial improvement or new construction as defined in that Chapter, which requires that any substantial improvement be equal or exceed 50% of the market value of the structure, 2. That this board finds the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community. Specifically: a . The benefit the applicant wishes to achieve cannot be achieved by any other means feasible given that this is a very small lot and a small house and the only reasonable way to expand the interior space is to convert the porch to habitable space, b. That there will not be an undesirable change in the neighborhood given that this property has existed in its approximate present state since 1925 or even earlier, c. That the request is not substantial given that the footprint of the house is not going to change and that the work is largely interior work, d. That there will not be any adverse physical or environmental affects, and e . While the alleged difficulty is self-created given that the applicant recently purchased the house, that none-the-less the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community, 3. That a variance from Section 270-205 is not required because the structure is not being enlarged or altered in a way which increases its non-conformity. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin. NAYS: None . The motion was declared to be carried unanimously. Appeal #3 David Mountin , Owner/Appellant , requesting variances from the requirements of Chapter 270 , Article XXVII , Section 270 -223 and Article IX , Section 270-71 ( C ) of the Town of Ithaca Code , to be permitted to erect an 8-foot tall deer fence within the side yard setback of a residence located at 738 Elm Street Extension , Town of Ithaca Tax Parcel No . 28- 1 -28 . 222 , Medium Density Residential ( MDR) Zone . The proposed fence will encroach into the required 15-foot side yard setback. Town Code also limits the height of fences within a setback to 6-feet in height. Page 7 of 10 Zoning Board of Appeals Minutes of May 19 , 2008 Mr. Mountin stated for the record that he was recusing himself from discussion and voting of the next appeal as a Zoning Board member since he is the applicant . He briefly explained that the fence is needed to keep the deer out of his garden . Mr. Krantz asked for the dimensions of the proposed fence . Mr. Mountin explained that the fence is 75 feet by 45 feet . Mr. Ellsworth commented that the fence is close to the lot line and wondered how far away the neighbor' s residence was . Chairperson Sigel explained that there is not a house on the adjacent lot . Mr. Mountin added that the nearest house is 500 feet away. Mr. Krantz asked if Mr. Mountin would be constructing the fence himself. Mr. Mountin said that he would be , but he is having a contractor digging the post holes . Chairperson Sigel stated that the fence has been built . Mr. Mountin explained that he applied for a building permit in April and was turned down because a variance was needed . He already had a contractor lined up to dig the holes a few weeks ago . The fence is not complete , but in process . Chairperson Sigel asked if Mr. Mountin had discussed the fence with his neighbor. Mr. Mountin replied that his neighbor did not have an objection . Mr. Krantz commented that this particular neighborhood has the densest deer population in Tompkins County. Chairperson Sigel asked Ms . Balestra is she had any comments on the environmental assessment and she replied no . Chairperson Sigel opened the public hearing at 8 : 00 p . m . There being no one present, Chairperson Sigel closed the public hearing at 8 : 00 p . m . Chairperson Sigel moved to make a negative determination of environmental significance for the reasons stated in the environmental assessment form prepared by Town staff. Mr. Krantz seconded . Vote — carried . Mountin abstain . ZB RESOLUTION NO. 2008=036: Environmental Assessment, David Mountin, 738 Elm Street Extension, Tax Parcel No. 28. 4 =28. 222 Moved by Kirk Sigel, Seconded by Ronald Krantz. RESOLVED, in regard to the appeal of David Mountin, that this board makes a negative determination of environmental significance for the reasons stated in the environmental assessment form prepared by Town Staff. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer. NAYS: None . ABSTAIN: Mountin . The motion was declared to be carried. Page 8 of 10 Zoning Board of Appeals Minutes of May 19 , 2008 Chairperson Sigel moved to grant the appeal of David Mountin with the condition that the fence be built as shown on the submitted plans and with the findings that all requirements of an area variance had been met , specifically listing how each criterion had been met . ZB RESOLUTION NO. 2008-037: Area Variance, David Mountin, 738 Elm Street Extension, Tax Parcel No. 28. - 1 -28. 222 Moved by Kirk Sigel, Seconded by Harry Ellsworth. RESOLVED, that this board grants the appeal of David Mountin, requesting variances from the requirements of Chapter 270, Article XXVII, Section 270-223 and Article IX, Section 270- 71 (C) of the Town of Ithaca Code, to be permitted to erect an 8-foot tall deer fence within the side yard setback of a residence located at 738 Elm Street Extension, Town of Ithaca Tax Parcel No. 28. - 1 -28. 222, Medium Density Residential (MDR) Zone with the following: Condition : 1 . That the fence be erected as indicated on the plans submitted by the applicant and in the location indicated by the applicant. Findings: That the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community. Specifically: 1 . That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given that most of the applicant's lot is wooded and to place the garden in another location would require the removal of a large number of trees, 2. That there will not be an undesirable change in the character of the neighborhood given that the property is well shielded from neighbors and from the road, 3. That while the request is substantial for an 8-foot fence that it is necessary to keep deer out, 4. That the request will not have adverse physical or environmental affects, and 5. That while the alleged difficulty is self-created that none-the-less the benefit to the applicant does outweigh the detriment to the health, safety, and welfare of the community. Vote on the motion resulted as follows: Page 9 of 10 Zoning Board of Appeals Minutes of May 19 , 2008 AYES: Sigel, Ellsworth, Krantz, Niefer. NAYS: None . ABSTAIN: Mountin . The motion was declared to be carried. Other Business Ms . Balestra announced that the board has received information regarding the Hamilton College planning and zoning school being held this summer. She asked that any interested board member to let her know. Ms . Balestra also announced that the Town Board approved the recreation of the Director of Code Enforcement position . The Town ' s structure will revert to having a Director of Planning , Director of Engineering , and a Director of Code Enforcement . Mr. Mountin asked when the Town was looking to have the person start . Mr. Walker thought that it could be as early as August 2008 . General discussion ensued regarding the Code Enforcement Office . Adjournment Chairperson Sigel adjourned the meeting at 8 : 10 p . m . Kirk Sigel , Chairperson Carrie Coates VINtmore , First Deputy Town Clerk Page 10 of 10 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK) SS . : COUNTY OF TOMPKINS ) Dani L. Holford , being duly sworn , deposes and says , that deponent is not a party to the actions , is over 21 years of age and resides at 3482 Potter Road , Interlaken , NY 14847 . That the 9`h day of May, 2008 , deponent served the within Notice upon : 71 . -5 -3 Dewey, Greta & Reed 203 Roat St Ithaca NY 14850 71 .-7- 17 .2 Dracup, Andrew D & Maureen M 200 Blackstone Ave Ithaca NY 14850 71 . -5 -5 Markwardt Trust, 203 Blackstone Ave Ithaca NY 14850 71 . -7 - 17 . 1 Shacham, Yosef Y & Anat 13 Hanotrim St Pob 1522 Zichron- Yaak.ov Israel 30900 71 . -7 - 16 Roof, Barbara 301 Roat St Ithaca NY 14850 71 . 4- 1 Strebel , Paul A & Leslie A 117 Roat St Ithaca NY 14.850 71 .-5-4 Wayne, Randy O 201 Roat St Ithaca NY 14850 71 . -5-2 Vaneck, Nicholas & Joyce 205 Roat St Ithaca NY 14850 71 .-5 - 1 Wexler, David 209 Roat St Ithaca NY 14850 71 .-6-5 Smith , Mark F 200 Roat St Ithaca NY 14850 � 1101 71 .-6-6 Lambert, Kevin & de la Pena, Nonny 202 Roat St Ith'aca, NY 1485.0 71 .-6-8 Venables, Robert W & Baugher, Sherene 1 1 1 Blackstone Ave 7`'�`t ` .ti • Ithaca NYS 1 '4850 71 .-6-7 Boisclair, Yves & Bouvet, Lise 204 Roat St _ Ithaca NY 14850 68 . - 1 - 1 . 2 Country Club of Ithaca 189 Pleasant Grove Rd . � I =y'� ^ ' Ithaca NY 1'485,0 28 .- 1 -28 . 222 Mountin , James David & Sarah Locke 738 Elm St Ext Ithaca NY 14850 28 . - 1 -28 .4 Longhouse Cooperative Inc 770 Elm St Ext Ithaca NY 14,850 28 .- 1 -28 . 223 Gildersleeve , Bert E 4135 Tichenor Rd Hector NY 1`4841 28 . - 1 -28 . 9 Bizzell , Donna S 750 Elm St Ext Ithaca NY ` 14950 28 . - 1 -26. 22 Ecovillage at Ithaca Inc , Anabel Taylor Hall Ithaca NY 14853 28 .- 1 -28 . 221 Carver, Michael J PO Box 793 Ithaca NY- 1 .485 ] 28 . - 1 -29 Alberta, William N & Sharon P 751 Elm St Ext Ithaca NY 14850 29 . - 1 -2 Drake , Lawrence & Marilyn 718 Elm St Ext Ithaca NY 14850. , 29 . - 1 - 1 Greene, Stanley & Dawn 720 Elm St Ext Ithaca NY 14850 28 . - 1 -28 .224 Hoepfinger, Jim & Beneway, Sylvia 730 Elm St Ext Ithaca NY 14850 29 . -2- 1 Leftwich, Wade & Valerie 122 Valley View Rd Ithaca NY 14850 18 . -5 -3 Hilton , Thomas & Margaret 940a East Shore Dr Ithaca NY 14850 18 . -5 - 14 Hinkin , Timothy & Linda 918 East Shore Dr Ithaca NY 14850 James Bryon, Paul Yaman Construction 1875 Lorings Crossing Rd Cortland NY 13045 18 . - 1 - 1 . 1 Village of Cayuga Heights 836 Hanshaw Rd Ithaca NY 14850 18 . -5 - 11 Perry, George W 603 Hudson St Ithaca NY 14850 18 . -5 - 15 Cornell Real Prop Service PO Box DH Ithaca NY 14853 18 .-5 -2 Sepos, John P 940b E Shore Dr Ithaca NY 14850 18 .-2-5 De Valenza, Shirley E 938 E Shore Dr Ithaca NY 14850 18 .-5 -9 Harner, Robert & Jill 329 Vestal Rd Vestal NY 13850 18 . -5 - 10 Slattery, Michael R & Leigh C 632 Sunset Dr Endwell NY 13760 18 .- 1 -3 Murray , John H 3702 Clinton St, PO Box 2 Interlaken NY 14847 18 .-5 - 12 Weir, Donald H 684 Belmonte Dr Auburn AL 36830 18 . - 1 -4 Schwartz, Wylie 923 East Shore Dr Ithaca NY 14850 18 . -2-4 Lango, John P & Ann S 926 East Shore Dr Ithaca NY 14850 18 . - 1 -2 Southworth , Richard M 603 Hudson St Ithaca NY 14850 18 . -5 -5 Gupta, Om P & Sunanda 940 E Shore Dr Ithaca NY 14850 19 .- 1 -2 Pennsylvania Lines LLC , Norfolk Southern Rail Co. 110 Franklin Road SE Roanoke VA 24042 Edward C. Marx Commissioner of Planning Tompkins County Dept of Planning 121 E . Court Street Ithaca NY 14850 Mike Levy Tompkins Weekly PO Box 6404 Ithaca NY 14850 2 Paul Billings Cornell PDC 102 Humphreys Svc Bldg Ithaca NY 14853 Melinda Staniszewska 220 Coddington Road Ithaca NY 14850 By depositing same enclosed in a post-paid addressed wrapper, in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York . Dani L. Holford Sworn to before me this 9th day of May 2008 . Notary Public CARRIE WHITMORE Notary Public, State of New York No . 01 WH6052877 Tioga County aGIU Commission Expires December 26,_ _ - 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 Senior Typist, 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 the Town of Ithaca Town Hall, 215 North Tioga Street, Ithaca, New York, on May 19, 2008, commencing at 7 : 00 PM , as p per attached. Location of sign board used for posting : Town Clerk Sign Board — 215 North Tioga Street. Date of posting : May 8, 2008 Date of publication : May 12, 2008 Dani L . Holford , Senior Typist, Tow of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 12th day of May 2008 . Notary Public CARRIE WHITMORE Notary Public, State of New York No . 01 W H 6052877 Tioga County Commission Expires December 26, , i TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, MAY 19, 2008 7:00 P.M. By direction of the Chair-• man of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public ( Hearings will be held bye the Zoning Board of Ap-' peals of the Town of Ithocal on Monday, Moy 19,' 2008, in Town Hall, 215 North Tioga Street, Tioga! Street Entrance, Ithaca,( NY, COMMENCING AT 7:00 P.M:, on the follow-1 ing matters: f APPEAL of Reed and! Greta Dewey, Owners/i Appellants, requesting al variance from the require- ments of Chapter 270, Ari ticle IX, Section 270-71 (C)( of the Town/ of Ithaca Code, to b� permitted to construct an 'addition to a' home located at 203 Roaf Street Town of Ithaca Tax Parcel No. 71 -5-3, Medi-' um DensityResidentiall Zone (MD . The pro) posed addition will en-I croach into the required 154cot -side -yard setbackl' for structures in , the MDR I Zone. APPEAL .of David ( Said Zoning Board of Mountin, Owner/ Appel- 1 Appeals will at said time, lant, requesting variances 7:00 p.m., and said from the requirements of place, hear all persons in Chapter 270, Article I support of such matters or XXVII Section 270-223 objections thereto. Per- and Article IX, Section sons may appear by agent 270-71 (C) of the Town of or in person. Individuals Ithaca Code, to be permit- with visual or hearing ted to erect an 8-foot tall impairments or other spe- deer fence within the side ( tial needs, as appropriate, yard setback of a resi- will be provided with assis- dence located at 738 Elm tante, as necessary upon Street- Extension, Town of request. Persons desirin Ithaca Tax Parcel No. 28• assistance must make such 1 -28.222, Medium Densi- a request not less than 48 ' ty Residential (MDR) Zone. hours prior to the time of The proposed fence will the public hearing. f encroach into the required Jonathan Kanter, AICP 15-foot side yard setback. Director of Planning Town Code also limits the 607-273- 1747 height of fences within a Dated: May 9, 2008 setback to 6-feet in height. Published: APPEAL of Robert May 12, 2008 Hilton, Owner/Appellant, l James A. Bryan, Agent re- questing variances from the requirements of Chap- ter 270, Article XXV, Sec- tions 270205 and 270- 208, Article VII, Section 270-47(F) and possibly Section 270- 47(CI, of the Town of Ithaca Code, to be permitted to convert an existing unheated sunroom . to create habitable space in a residence located at 940A East Shore Drive, Town of Ithaca Tax Parcel No. 18-5-3, Lakefront Resi- dential (LR) Zone. The resi- dence is an existing non- conforming structure locat- ed on an existing non- conforming lot. The pro- posed conversion will in- crease the existing non- conformities and will fur- ther violate the 25-foot minimum required setback from the shoreline and pos- sibly the 20-foot required side yard setback for struc- tures in the LR Zone. The . applicant . is also request- ing a variance, pursuant to the Flood Damage Preven- tion Law, Chapter 157 of • j the Town of Ithaca Code to make a "substantial im- provement to a residential structure" where the lowest floor is not elevated above the base flood elevation. Additional variances may be necessary. TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, MAY 19, 2008 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 Monday, May 19, 2008 , in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P .M. , on the following matters: APPEAL of Reed & Greta Dewey, Owners/Appellants, requesting a variance from the requirements of Chapter 270, Article IX, Section 270-71 (C) of the Town of Ithaca Code, to be permitted to construct an addition to a home located at 203 Roat Street, Town of Ithaca Tax Parcel No . 71 -5 -3 , Medium Density Residential Zone (MDR) . The proposed addition will encroach into the required 15 -foot side yard setback for structures in the MDR Zone. r ayl +eJ Z APPEAL of David Mountin, Owner/Appellant, requesting variances from the requirements of Chapter 270, Article XXVII, Section 270-223 and Article IX, Section 270-71 (C) of the Town of Ithaca Code, to be permitted to erect an 8 -foot tall deer fence within the side yard setback of a residence located at 738 Elm Street Extension, Town of Ithaca Tax Parcel No . 28 - 1 -28 . 222 , Medium Density Residential (MDR) Zone. The proposed fence will encroach into the required 15 -foot side yard setback. Town Code also limits the height of :fences within a setback to 6-feet in height. CI I� l� vl-�-Ccl 3 APPEAL of Robert Hilton, Owner/Appellant, James A. Bryan, Agent, requesting variances from the requirements of Chapter 270, Article XXV, Sections 270-205 and 270-208 , Article VII, Section 270-47(F) and possibly Section 270-47(C) , of the Town of Ithaca Code, to be permitted to convert an existing unheated sunroom to create habitable space in a residence located at 940A East Shore Drive, Town of Ithaca Tax Parcel No . 18 -5 -3 , Lakefront Residential (LR) Zone. The residence is an existing non-conforming structure located on an existing non-conforming lot. The proposed conversion will increase the existing non-conformities and will further violate the 25 -foot minimum required setback from the shoreline and possibly the 20-foot required side yard setback for structures in the LR Zone. The applicant is also requesting a variance, pursuant to the Flood Damage Prevention Law, Chapter 157 of the Town of Ithaca Code to make a " substantial improvement to a residential structure" where the lowest floor is not elevated above the base flood elevation. Additional variances maybe necessary. 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. Jonathan Kanter, AICP Director of Planning 607-273 - 1747 Dated: May 9, 2008 Published: May 12 , 2008 TOWN OF ITHACA ZONING BOARD OF APPEALS SIGN - IN SHEET DATE : May 19 , 2008 (PL EAsE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION v 6-A � � �� .