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Home My WebLink AboutZBA Height 10/14/1992 FILED TOWN OF ITHACA Date l//25/92- Clerk • TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 14, 1992 THE FOLLOWING MATTERS WERE HEARD ON OCTOBER 14 , 1992 BY THE BOARD: APPEAL OF JON AND CHRISTINA HILTON, APPELLANT, REQUESTING AUTHORI— ZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII, SECTION 54, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO ENLARGE AN EXISTING SINGLE—FAMILY DWELLING ON A NON—CONFORMING LOT LOCATED AT 128 WEST HAVEN ROAD, TOWN OF ITHACA TAX PARCEL NO . 29-5-6, RESIDENCE ' DISTRICT R-15 . THE ENLARGEMENT CONSISTS OF THE ADDITION OF A SECOND—STORY OUTSIDE WOOD' DECK ALONG THE FRONT OF THE HOME . THE PROPERTY IS NON—CONFORMING DUE TO A FRONT YARD WIDTH OF 97 FEET, WHEREAS 100 FEET IS REQUIRED . GRANTED. APPEAL Q ' 1AN M gP. (a3Qo0DY,, APPELLANT, GREGORY BELL, AGENT, 'REQUEST— ING `VARIA CE Pfl YM THE REQUIR-EME TS OF ARTICLE IV, SECTION 11 , OF THE TOWN OF ITHACA ZONING ORDINANCE, TO INCREASE THE HEIGHT OF AN EXISTING SINGLE—FAMILY DWELLING FROM 30 FEET (+ OR — ) TO 34 FEET (+ OR — ) BY LOWERING THE OUTSIDE FINISHED GRADE TO ACCOMMODATE A BASEMENT DOOR AT 113 PENNY LANE, TOWN OF ITHACA TAX PARCEL NO. 58 . 1-1-113, RESIDENCE DISTRICT R-15 . SAID ORDINANCE PERMITS BUILDINGS TO BE A MAXIMUM OF 30 FEET IN HEIGHT . GRANTED WITH CONDITION. APPEAL OF RONALD SCAROFILE AND JANETTE MCCORD, APPELLANTS, RALPH YARN, AGENT, REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V, SECTION 18, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION OF A SINGLE—FAMILY DWELLING WITH A BUILDING HEIGHT OF 34 FEET ( + OR — ) ( 30 FEET MAXIMUM HEIGHT PERMITTED ) AT 853 CODDINGTON ROAD, TOWN OF ITHACA TAX PARCEL NO . 47-2-2 . 2 , RESIDENCE DISTRICT R-30. GRANTED WITH CONDITION. FILED Town of Ithaca TOWN OF ITHACA 1 Zoning Board of Appeals Date fl fa5192 October 14, 1992 Clerk 4 ,1_2Z12 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 14, 1992 PRESENT: Chairman Edward Austen, Robert Hines, Edward King, Pete Scala, Town Attorney John Barney, Zoning Enforcement Officer/Building Inspector Andrew Frost. OTHERS: Jon Hilton, Christina Hilton, Nancy Goody, Gregory Bell, Ralph Varn. Chairman Austen stated that all the posting, publication and notification of the public hearings had been completed and the same are in order. The first Appeal to be heard by the Board was the following: APPEAL OF JON AND CHRISTINA HILTON, APPELLANT, REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII, SECTION 54, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO ENLARGE AN EXISTING SINGLE-FAMILY DWELLING ON A NON-CONFORMING LOT LOCATED AT 128 WEST HAVEN ROAD, TOWN OF ITHACA TAX PARCEL NO. 29-5-6, RESIDENCE DISTRICT R-15. THE ENLARGEMENT CONSISTS OF THE ADDITION OF A SECOND-STORY OUTSIDE WOOD DECK ALONG THE FRONT OF THE HOME. THE PROPERTY IS NON-CONFORMING DUE TO A FRONT YARD WIDTH OF 97 1'' ''1', WHEREAS 100 FEET IS REQUIRED. Mr. Hilton appeared before the Board and explained the construction of the proposed deck. Mr. Frost presented photos of the property in question. Chairman Austen opened the public hearing. No one appeared to address the Board. Chairman Austen closed the public hearing. Environmental Assessment MOTION By Mr. Robert Hines, seconded by Mr. Edward King: RESOLVED, that the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance with respect to the request of Jon and Christina Hilton for the enlargement of an exis- ting single-family dwelling on a non-conforming lot located at 128 West Haven Road, Town of Ithaca Tax Parcel No. 29-5-6, Residence District R-15, by the addition of a second-story outside wood deck along the front of the home, as recommended by Planner Richard Eiken and as indicated on the photographs presented by Mr. Frost. A vote on the Motion resulted as follows: Ayes - Hines, King, Scala, Austen. Nays - None. The Motion carried unanimously. 6 Town of Ithaca 2 Zoning Board of Appeals October 14, 1992 [The Short Environmental Assessment Form is attached hereto as Exhibit #1. ] MOTION By Mr. Edward King, seconded by Mr. Pete Scala RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a special permit under Section 54 of the Town of Ithaca Zoning Ordinance to permit the Appellants, Jon and Christina Hilton, to construct a deck as proposed and presented to the Board, with the following findings: 1. that the proposal complies with Section 77.7, Subpara-graphs a - f. 2. that the adjoining lots also have front yard widths of 97feet. A vote on the Motion resulted as follows: Ayes - King, Scala, Hines, Austen. Nays - None. The Motion carried unanimously. The next Appeal to be heard by the Board was the following: APPEAL OF NANCY H. GOODY, APPELLANT, GREGORY BELL, AGENT, REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV, SECTION 11, OF THE TOWN OF ITHACA ZONING ORDINANCE', TO INCREASE THE HEIGHT OF AN EXISTING SINGLE-FAMILY DWELLING FROM 30 rEET (+ OR -) TO 34 r ET (+ OR -) BY LOWERING THE OUTSIDE FINISHED GRADE TO ACCOMMODATE A BASEMENT DOOR AT 113 PENNY LANE, TOWN OF ITHACA TAX PARCEL NO. 58.1-1-113, RESIDENCE DISTRICT R-15. SAID ORDINANCE PERMITS BUILDINGS TO BE A MAXIMUM OF 30 FEET IN HEIGHT. Ms. Goody and Mr. Bell spoke to the Board regarding the proposed construc- tion. Chairman Austen opened the public hearing. Chairman Austen, read .a' letter from Ira Kamp and Laurie Conklin Kamp, 114 Penny Lane and from Jean S. Deming and Robert C. Deming, 112 Penny Lane, both dated September 24, 1992 in support of the proposed construction. The letters are attached hereto as Exhibit #2. Mr. Frost presented photos to the Board of the property in question, as did Mr. Bell. Chairman Austen closed the public hearing. Environmental Assessment MOTION By Mr. Robert Hines, seconded by Mr. Pete Scala: t, c Town of Ithaca 3 Zoning Board of Appeals October 14, 1992 RESOLVED, that the Town of Ithaca Zoning Board of Appeals make and hereby does make a declaration of negative environmental significance with respect to the request of Nancy H. Goody to increase the height of an existing single-family dwelling from 30 feet ( + or -) to 34 feet (+ or -) by lowering the outside finished grade to accommodate a basement door at 113 Penny Lane, Town of Ithaca Tax Parcel No. 58.1-1-113, Residence District R- 15, as recommended by Planner Richard Eiken, and further, that there is no one to the south of this property. A vote on the Motion resulted as follows: Ayes - Hines, Scala, King, Austen. Nays - None. The Motion carried unanimously. [The Short Enivironmental Assessment Form is attached hereto as Exhibit #3. ] MOTION By Mr. Robert Hines, seconded by Mr. Edward King: RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant to the Appellant, Ms. Nancy H. Goody, a variance from the requirements of Article IV, Section 11, of the Town of Ithaca Zoning Ordinance, to increase the height of an existing single-family dwelling from 30 feet (+ or -) to 34 feet (+ or -) by lowering the outside finished grade to accommodate a basement door at 113 Penny Lane, Town of Ithaca Tax Parcel No. 58.1-1-113, Residence District R-15, with the following findings and condition: 1. That the roof elevation maximum height shall be 33 feet above the grade, caused by excavation of soil from the rear of the house, 4 feet below its present level. 2. That the photos presented show the character of the excavation and the character of the surrounding houses, which have similar excavation. 3. That this alteration of grade will not cause any visual effect from the roadway and very little visual effect to the neighbors. 4. That the benefits to the Appellant far exceed any detriment to the neighbors. 5. That there would be a practical difficulty without egress from the basement. A vote on the Motion resulted as follows: Ayes - Hines, Scala, Austen, King. Nays - None. The Motion carried unanimously. Town of Ithaca 4 Zoning Board of Appeals October 14, 1992 The last Appeal to be heard by the Board was the following: APPEAL OF RONALD SCAROFILE AND JANETTE MCCORD, APPELLANTS, RALPH YARN, AGENT, REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V, SECTION 18, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION OF A SINGLE-FAMILY DWELLING WITH A BUILDING HEIGHT OF 34 1r (+ OR -) (30 FEET MAXIMUM HEIGHT PERMITTED) AT 853 CODDINGTON ROAD, TOWN OF ITHACA TAX PARCEL NO. 47-2-2.2, RESIDENCE DISTRICT R-30. Mr. Ralph Varn appeared before the Board and explained the proposed construction. Town Attorney Barney noted that his office has represented Mr. Varn in the past but is not involved with him at the this time. Chairman Austen opened the public hearing. No one appeared to address the Board. Chairman Austen closed the public hearing. Environmental Assessment By Mr. Robert Hines, seconded by Mr. Edward King: RESOLVED, that the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative determination of environmental significance with respect to the request of Ronald Scarofile and Janette McCord, Appellants, requesting a variance from the requirements of Article V, Section 18 of the Town of Ithaca Zoning Ordinance to permit the construction of a single-family dwelling with a building height of 34 feet (+ or -) at 853 Coddington Road, Town of Ithaca Tax Parcel No. 47-2-2.2, Residence District R-30, as recommended by Planner Richard Eiken and upon consideration of the photographs as submitted by Andrew Frost. A vote on the Motion resulted as follows: Ayes - Hines, King, Austen, Scala. Nays - None. The Motion carried unanimously. [The Short Environmental Assessment Form is attached hereto as Exhibit #4. ] MOTION By Mr. Robert Hines, seconded by Mr. Pete Scala: RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant to the Appellants, Mr. Ronald Scarofile and Ms. Janette McCord, a variance from the requirements of Article V, Section 18, of the Town of Ithaca Zoning Ordinance, to permit the construction of a single-family dwelling with a ridge roof line of 34 feet (+ or -) above the grade at 853 Coddington Road, Town of Ithaca Tax Parcel No. 47-2-2.2, Residence District R-30, with the following findings: 1. That the structure characterizes a cupola two feet above that shown on the plans which were submitted with the application. Town of Ithaca 5 Zoning Board of Appeals October 14, 1992 2. That the grade level of the structure, as it is to be built, is approximately 8 feet below the road line. 3. That the house is to be constructed approximately 175 feet from the road line. - 4. That the house is in conformity with the architecture of the community. 5. That the proposed construction is in a sparsely populated area of the Town of Ithaca 6. That the benefits to the owners from permission to construct this residence far outweigh any possible detriment to the neighborhood. 7. That the view of the house would be sheltered by trees which would be in excess of the height of the house. 8. That this variance is for the plan as submitted only. A vote on the Motion resulted as follows: Ayes - Hines, Scala, King, Austen. Nays - None. The Motion carried unanimously. ADJOURNMENT Upon Motion, the meeting adjourned at 8:05 p.m. eg--/-01-4:4--) 2/-1--40-2-1"1-1 /;ez,t) 4/ Connie J. Holcomb "4 7)7 Recording Secretary APPROVED: :] ;(:' '''''- t.).-42-#_CE___..a..1_44-5—r------- Edward Austen, Chairman �F'�.ay I" B.� P Rev. 10/90 Town Assigned Project ID Number SEP 24, 1992 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM TOWN O orrTIO'NL,I'STED ACTIONS Located in the Town of Ithaca, Tompkins County ONLY BUILDING/Z®NING PART I - Project Information (To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor: /n 2. Project Name: 4G�.V.0.1 a9 -d' 6rrlou1 & L 113 Penqu� Maas Lasere,t Aoo l Censer i•a 3. Precise Location (Street Address a d Road Intersections,prominent landmarks, etc. or provide map): i 13thaPQ� N�►� Tax Parcel Number: 5030 set 15 8 I - ( — i j 3 4. Is Proposed Action: 0 NEW EXPANSION MODIFICATION/ALTERATION 5. Describe Project Briefly (Include project purpose,present land use, current and future construction plans, and other relevant items): We' tiavk ib fluid ree ,5 ih ite u0, rprf hse>r,e 'I r i® ' l I .�UIGlrr`. �o '' our or,o si r a �.c ®n' ' pans o de -11.45 we Pit also j Icwe,.-ILL, ep�r . at-tit top of Lira 1/3 about 3 4' 3, -4 levet er`f ta. +, (efr, hi .a,. )ns all 444e eteors eR!rier. fie, picei wit( also law(vt, fewil a Of, CU jard as it new slefes awl. imAtt rago;a( 1a use wal not off, . IL ete rte nisproject is tvvrde iNcreased livi� spa. any,(et space, in'I1,4,Le,, awl ;noosed usk ll�9 I upti aiot as a Slat dart. P (Attach separate sheet(s) if necessary to adequately describe the proposed project.) t5vo Spare. Fee- 6. Amount of Land Affected: Initially (0-5 yrs) p,er (6-10 yrs) Acres (>10 yrs) Acres 7. How is the Land Zoned Presently? tesl, . 8. Will proposed action comply with existing zoning or other existing land use restrictions? YES 0 NO ❑X If no, describe conflict briefly: (/e- are afv(yr13 6r-a vari)»u. lL Itia A Iuu„( I lsed reit(PklioK. 1/.s. ke�it i5 30' wltici, is flit ktninri,�. ahem/. 6y trao.r;) 16, pie, e 3, we..1 e iw JJiK 414 ac Wilt ,�urWi • J 0 J 9. Will proposed action lead fo a request for new: Public Road? YES El NOK Public Water? YES 0 NO -' Public Sewer? YES NO J 10. What is the present land use in the vicinity of the proposed project? Residential 0 Commercial 0 Industrial p Agriculture 1]Park/Forest/Open Space El 0 her Please describe: '1 1 . Does proposed action involve a permit,appr al, or funding, now or ultimately from any other governmental agency (Federal, State, Local)? YES 111 NO If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES E NO 7 If yes, list agency name and permit/approval. Also,state whether that permit/approval will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS T' E TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): _ %#li' 144-N `t H. V�y Signature: R. Date: 1 ZI "( Na is y 4o4 : ;Al Asians PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town of Ithaca; Use attachments as necessary)/&Qtt A. Does proposed action exceed any Type I Threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law? YES El NO E If yes, coordinate the review process and use the Full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? YES n NO ❑X (If no, a negative declaration may be superseded by another involved agency,if any.) C. Could proposed action result in any adverse effects associated with the following:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality,noise levels, existing traffic patterns,solid waste production and disposal,potential for erosion, drainage or flooding problems? Explain briefly: None anticipated. 77.4..cre Un// aAta 4e sl c 1 kt v-4.1 rat. Svi Cor+siuc C2. Aesthetic, agricultural, archaeological, historic,or other natural or cultural resources? Community or neighborhood character? Explain briefly: None anticipated. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, unique natural areas, wetlands, or threatened or endangered species? Explain briefly : None anticipated. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: (3) None anticipated. /�. 4�4- 4,411 .4n�/ 4e tXrvc4`� 4 oni t4r e. i 4 lozurniy Q K O✓' A.-e c c• C5. Growth, subsequent development, or related activities likely tobe induced by the proposed action? Explain briefly : None anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly : None anticipated. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None anticipated. D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? YESEi NO E If yes, explain briefly : E. Comments of staff E, CAC El, Other attached. (Check applicable boxes) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a)setting (ie. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. flCheck this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach- ments as necessary, the reasons supporting this determination. Town of Ithaca Zoning Board of Appeals /�;G�.�co,�o'A- d. • , Plasn,zer- Name of Lead Agency Preparer's Signature(If different from Responsible Officer) ward-N. Austen. Chairman me itle of Respons' Offic in Lead Agency Signature of Contributing Preparer Date: & / ignature of Responsi le Of icer in Lead Agency s; ( EI� TOWN OF ITHACA FEE: $80.00 126 East Seneca Street RECEIVED: `i g kok,. ., 5EP 2 4,199Z Ithaca, New York 14850 CASH - ( ) ® �� rs (607) 273-1747 ` IO t �3w� CHECK - ( I ) rc� kc ) &� 1� APPEAL ZONING: to the Building Inspector/Zoning Enforcement Officer For Office Use Only and the Zoning Board of Appeals of the Town of Ithaca, New York Having been denied permission to: dog" fLe, pit. d►M1 iaim bb!�,+.t 100t5, w., „,L, 1041.4141lid raf t i at04`, a 1ek, f ell'Iw lE yard at 113 Pek , Town of Ithaca Tax Parcel No. 0362O 1. 5-Se, ! '3 as shown on the accompanying application and/or plans or other supporting documents, for the stated reason that the issuance of such permit would be in violation of: Article(s) Tr , Section(s) It , of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this Appeal from such denial and, in support of the Appeal, affirms that strict observance of the Zoning Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: (Additional sheets may be attached as necessary. ) / /ad(' rtoMS is ILL Up igeil 404,41 #" 6Ur LopAP c r JF N _, Atigl [ Pan3 ✓ oc ti, ,,AI&4 ir• IMF;eta LL1 aiot oak -t lia, IAA, or 1 mei.,4 ff,Or &LI IaW( J 1 U J data deers W;tL 1ncRbss (IA- a4 uoiL I of jLL Q, as+4I, Ilat8c ? Icii i'l a M VOJ M 414 flier. SSct 061/6K(1, dog nf Ali cit 24 cacest t e I -4 sue. By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application.p Project Name: 1i3 Tent !J,ge. bv0.4 Doom cone iMN. Printed Name Owner/Appellant: Na p ' •--.), / Signature of Owner/Appellant: / / ,.ii Date: q 12 1?_. Signature of Appellant/Agent: Ql( . .g• 3IP Date: 5 12-Y132 IIHome Telephone Number: 277' T ' Work Telephone Number: s2 5S' 12 tS • 1/4 PLOT PLAN INFORMATION TO BE SHOWN: 1. Dimensions of lot. 4. Dimensions and location of proposed structure(s) or 2. Distance of structures from: or addition(s). a. Road, 5. Names of neighbors who bound lot. b. Both side lot lines, 6. Setback of neighbors. c. Rear of lot. 7. Street name and number. 3. North arrow. 8. Show existing structures in contrasting lines. e•TfAu Sur rig '10 l2 64 i5 te, 54 wet cry 'L. se,. �evr , , /16 i " ` l,eI,i4 f t.�, �a J lam. i-ecN NI et ;\10 new tear5 / /l t,11 7/2 REC8 VE 41( Dom SEP 24,1992 TOWN OF ITHACA BUILDING/ZONING ufaeCh Key 1/1/1/ -arty fo towel -4tea 'It k 11154 Signature of Owner/Appellant: ,/ / • Date: 4 Z! -` (jam Signature of Appellant/Agent: ifflArit% Date: 2 92 Q RECEIVED SEP 24,1992 TOWN OF l,THACA RUILD'mr;izo;"`NG September 'aLt , 1992 I am an owner of 114 Penny Lane, which is immediately adjacent on the west to 113 Penny Lane. I have been informed about the plans by Nancy Goody and Gregory Bell to excavate at the rear corner of their house and to install double doors as an exit from their basement. I understand that this will increase the legal height of their house by about three feet. 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