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Home My WebLink AboutZBA Minutes 2010-10-25 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, OCTOBER 25, 20101 215 North Tloga Street, Ithaca 7 : 00 P . M . Appeal of Roger Dennis , owner, requesting a variance from Chapter 270 , Section 270- 205A "Nonconforming Structures" of the Town of Ithaca Code to be permitted to enlarge a pre-existing non-conforming structure located at 1075 Taughannock Blvd , Tax Parcel No . 21 . -2-8 , Lakefront Residential . Assistance will be provided for individuals with special needs, upon request; requests should be made not less than 48 hours prior to the public hearings . Bruce W . Bates Director of Code Enforcement 607-273- 1783 Dated : October 13 , 2010 Published : October 15 , 2010 FILE DATE L s ZONING BOARD of APPEALS Monday, October 25, 2010 7 : 00 p . m . Present : Kirk Sigel , Chair; Board Members : Harry Ellsworth ( arrived at 7 : 12 p . m . ) , Ron Krantz , James Niefer, Dave Mountin , and Bill King , Staff Present : Bruce Bates , Director of Code Enforcement ; Susan Brock, Attorney for the Town ; Carrie Coates Whitmore ; Deputy Town Clerk. Others : Roger and Suzanne Dennis . Call to Order Chairperson Sigel called the meeting to order at 7 : 08 p . m . Appeal of Roger Dennis, owner, requesting a variance from Chapter 270, Section 270m205A " Nonconforming Structures" of the Town of Ithaca Code to be permitted to enlarge a pre-existing non=conforming structure located at 1075 Taughannock Blvd , Tax Parcel No. 21 .-2-8 , Lakefront Residential , Roger Dennis introduced himself to the Board . He explained that the addition allows him to move the boiler from the center of the second floor to the outside of the house . The intent is to take the boiler, the hot water heater, and the fuel oil that runs through the house outside into its own building structure . Mr. Dennis noted that he will also be improving the stairway between upstairs and downstairs . The Board and Mr. Dennis then discussed the square footage of the work to be done and determined that it would be approximately 272 square feet. Chairperson Sigel noted that he talked with Ms . Brock and Mr. Bates regarding whether or not the applicant should be requesting an area or use variance . This lot was discussed a few years ago and it was determined that the property needed an area variance even though there are two dwellings on the lot. The expansion is an expansion of the area , which is covered under Section 270-213 of Town Code . Mr. Niefer asked if the spiral stairway would remain . Mr. Dennis responded that it would probably remain even though it does not quite meet code . Mr. Niefer then asked if the oil tank would be moved . Mr. Dennis responded that the oil tank is buried in the ground over to the side so it won 't be affected by the project. Chairperson Sigel asked if SEQR was needed . Attorney Brock said no because it is an area variance for a single-family home . Zoning Board of Appeals October 25 , 2010 Final Chairperson Sigel opened the public hearing at 7 : 18 p . m . and invited the public to address the Board . Carol Neuman , 1077 Taughannock Blvd , came before the Board and spoke in favor of Mr. Dennis' s variance application . Chairperson Sigel closed the public hearing at 7 : 19 p . m . Chairperson Sigel moved to grant the appeal of Roger Dennis to enlarge a preexisting non -conforming structure located at 1075 Taughannock Blvd , Tax Parcel No . 21 . -2 -8 , with the conditions that the footprint of the enlargement not be greater than 272 square feet and that it be built as indicated on plans submitted to the Board , and finding that all the requirements of an area variance had been satisfied , specifically listing how each criterion had been met. Mr. Ellsworth seconded . Carried Unanimously. ZB RESOLUTION 2010-028: Area Variance, 1075 Taughannock Blvd, Tax Parcel No. 21 . -2-8 MOTION made by Kirk Sigel, seconded by Harry Ellsworth. Resolved, that this Board grant the appeal of Roger Dennis, requesting a variance from the requirements of Chapter 270, Section 270-204 and Section 270-205 of the Town of Ithaca Code to be permitted to enlarge a preexisting non-conforming structure located at 1075 Taughannock Blvd, Tax Parcel No. 21 . -2-8, with the following: Conditions.ff 1 . That the enlargement have a footprint no greater than 272 square feet, and 2. That the addition be done as indicated on the plans submitted by the applicant to this Board. 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 the applicant is wishing to move the oil heater from inside the building to a location outside the main living area and that the applicant is looking to install a code compliant set of stairs between the first and second floor, 2. That there will not be an undesirable change in neighborhood character or to nearby properties given that this is a very modest addition to the road side of the house and will not impact anyone 's view of the lake, 3. That the request is not substantial for the same reasons as Finding #2, Page 2of3 Zoning Board of Appeals October 25 , 2010 Final 4. That there will not be any adverse physical or environmental effects, and 5. That while the alleged difficulty is self-created, nevertheless, the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, and Mountin NAYS: None. Motion was carried unanimously. Other Business Training is available at TC3 on December 1 , 2010 . It satisfies the training requirements for board members . Mr. Ellsworth announced that his term is up December 31 , 2010 and he will not be seeking to renew his term . He noted that the end of the year will wrap up 15 years of service on the Board . Adjournment Chairperson Sigel adjourned the October 25 , 2010 meeting of the Zoning Board of Appeals at 7 : 28 p . m . t . Kirk Sigel , Chairperson Page 3 of 3 FILE DATE7 ® ADOPTED RESOLUTION ZB RESOLUTION 2010=028 Area Variance 1075 Taughannock Blvd Tax Parcel No. 21 .-2=8 October 25, 2010 MOTION made by Kirk Sigel , seconded by Harry Ellsworth . Resolved , that this Board grant the appeal of Roger Dennis , requesting a variance from the requirements of Chapter 270 , Section 270-204 and Section 270-205 of the Town of Ithaca Code to be permitted to enlarge a preexisting non -conforming structure located at 1075 Taughannock Blvd , Tax Parcel No . 21 . -2-8 , with the following : Conditions . 1 . That the enlargement have a footprint no greater than 272 square feet, and 2 . That the addition be done as indicated on the plans submitted by the applicant to this Board . 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 the applicant is wishing to move the oil heater from inside the building to a location outside the main living area and that the applicant is looking to install a code compliant set of stairs between the first and second floor, 2 . That there will not be an undesirable change in neighborhood character or to nearby properties given that this is a very modest addition to the road side of the house and will not impact anyone's view of the lake , 3 . That the request is not substantial for the same reasons as Finding #2 , 4 . That there will not be any adverse physical or environmental effects , and 5 . That while the alleged difficulty is self-created , nevertheless , the benefit to the applicant does outweigh any detriment to the health , safety, and welfare of the community . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, and Mountin NAYS : None . ZB RESOLUTION NO . 2010-028 PAGE 2 Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 25th day of October, 2010 . 1 / Jld'viC . / l/j (/ Deputy Town' -Clerk Town of Ithaca TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Carrie Coates Whitmore , being duly sworn , say that I a Deputy Town Clerk of the Town of Ithaca , Tompkins County , New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : PUBLIC HEARING TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY , October 25 , 2010 7 : 00 P . M . Date of Publication : Friday , October 15 , 2010 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Wednesday, October 13 , 2010 Carrie Coatdi-Whitmore Deputy Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 15th day of O o r, 2 10 No Public PAULETTE NEILSEN Notary Public, State of New York No, 01 NE6156809 Qualified in Tioga County Commission Expires December 4, 20 • Friday, October 15, 2010 The Ithaca Journal TOWN OF ITHACA ZONING BOARD OF i APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, OCTOBER 25, 2010 . .215 North Tioga j I Street, Ithaca 7:00 P.M. { Appeal of Roger . Dennis,� owner, requesting a var- iance from Chapter 270,. Section 270-205A 'Non- ' conforming Structures' of, the Town of Ithaca Code tol be permitted to enlarge a pre-existing non-conforming; structure located at 1075 Taughannock Blvd, Tax Par- cel No. 21 .-2-8, Lakefront; Residential. - - I Assistance will. be provided for individuals with special needs, upon request; re.� I quests should be made not;' i less than 48 hours prior tof the public hearings. Bruce W. Bates Director of Code Enforcement 607-273- 17831 Dated: October 13, 2010 10/15/2010 V'. .., rN h}� n AFFIDAVIT OF SERVICE BY MAIL *ATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) I, Carrie Coates Whitmore, being duly swom, deposes and says , that deponent is not a party to the actions , is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca, New York. That on the 15a' day of October, deponent served the within Notice upon the property owners of the following Tax Parcel Numbers : 1075 Taughannock Blvd, Area Variance Anthony and Caitlin Baxter Charles and Paulette Baxter Judith and Joseph Burns 1083 Taughannock Blvd 1085 Taughannock Blvd 1089 Taughannock Blvd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Leslie Carrere Roger and Suzanne Dennis Edward J McArdle Trust 1067 Taughannock Blvd 1075 Taughannock Blvd 1600 East Main, Suite B Ithaca, NY 14850 Ithaca, NY 14850 St Charles , IL 60174 #Ian and Kay Friedlander Heather Lane V Mulcahy and C Livermore 1057 Taughannock Blvd 3 Hunters Ln 3 Fountain PI Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 John and Carolyn Neuman Office of State Comptroller Priscilla Binshadler Trust 1077 Taughannock Blvd 110 State St 3 Triphammer Ln Ithaca, NY 14850 Albany, NY 12236 Ithaca, NY 14850 Margaret B Reizes Linda F Ruth Barry Stepp 2917 S Ocean Blvd, Apt 105 1061 Taughannock Blvd 1950 Atlantic St, Apt 216 Highland Beach, FL 33487 Ithaca, NY 14850 Melbourne Beach, FL 32951 By depositing same enclosed in a postpaid 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. Carrie Coat s-Whitmore, Senior Typist Town of Ithaca Ah WornVtob reme this 15 `h day of October 2010. r Notary Public PAULETTE NEILSEN Notary Public, State of New York No. 01 NE6156809 Qualified in Tioga County Commission Expires December 4. 20 JD