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HomeMy WebLinkAboutZBA 52.-2-1 Area Variance 5/16/1984Te4vn of Ithaca �= Zoning Board of Appeals Notice of Public Hearings May 16, 1984 Page Two Rogan's Corner Convenience Market, 825 Danby Road, Town of Ithaca Tax Parcels No. 6=40-4-2 and 6-40-4-3. Permission is denied under Article VII, Section 32, of the Town of Ithaca Zoning Ordinance,. APPEAL of Ernest McFall, Appellant, Shelley M. Blackler, as Agent, from the decision of the Building Inspector denying a permit to erect a sign greater than 4 sq.ft. at 903 Mitchell Street, Town of Ithaca Tax Parcel No. 6-59-2-16. Permit is denied.under Section 4.01-1(a) of the Town of Ithaca Sign Law. APPEAL of Forest Home Chapel, Appellant, Charles Trautmann, as Agent, from the decision of the Building Inspector denying a building permit for the construction of an addition to the Forest Home Chapel, an existing legal non -conforming structure, with a rear lot line of less than 30 feet, at 222 Forest Home Drive, Town of Ithaca Tax Parcel No. 6-66-3-17. Permit is denied under Article IV, Section 14, Article XII, Section 54, and Article XIV, Section 75, of the Town of ,Ithaca Zoning Ordinance. APPEAL of William S. Seldin, Appellant, from the decision of the Building Inspector denying a building permit to erect a fence greater than 6 feet in height at 120 Northview Road, Town of Ithaca Tax Parcel No. 6-52-2-1. Permit is denied under Article XIII., Section 65, and Article XIV, Section -75, of the Town of Ithaca Zoning Ordinance. APPEAL of ITD Group, Inc., Appellant, Kevin E. Lewis, Architect, as Agent, from the decision of the Building Inspector denying permission for the development upon the Lands of Lake Shore -West of a 120 -bed nursing home facility; denyingpermission for l parking space per unit rather than 1.3 parking spaces per unit on the Multiple Residence District portion of said Lands of Lake Shore West (approximately 27.27.acres) proposed to contain 400 life -use units; and denying permission for the development of said 400 life -use units on said Multiple Residence District portion of said Lands of Lake Shore West (approximately 27.27 acres) in a structure, the height of which exceeds the maximum height requirement established by the Zoning Ordinance, it being that the proposed height be permitted provided that the new roof heights extend no higher than the established ridge line profile of the existing main buildings at the entrance road grade, or extend higher than the horizontal ridge line of the existing wings to be attached to, exclusive of the tower.. Lake Shore West is to be located in the 1200 block of Trumansburg Road, formerly known as the Biggs Memorial ( cent inued .on Pa.ae Three)- Zoning Board of Appeals 1.6 May 16, 1984 r Chairman Aron declared the matter of the Forest Home Chapel Appeal duly closed at 8:18 p.m. APPEAL OF WILLIAM S. SELDIN, APPELLANT, FROM THE DECISION OF T.1iE BUILDING IN TURDENTTRBUILDING PERMIT TO ERECT A FENCE GREATER THAN 6 FEET IN HEIGHT AT 120 NORTHVIEW ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-52-2-1. PERMIT IS DENIED UNDER ARTICLE XIII, SECTION 65, AND ARTICLE XIV, SECTION 75, OF THE TOWN OF ITHACA ZONING ORDINANCE. j Chairman Aron declared the Public Hearing in the above_noted matter duly opened at 8:19 p.m. and read aloud from -the Notice of Public Hearings as posted and published and as noted above. Mt. Seldin was present. Chairman Aron read aloud from the Appeal Form as signed and submitted by William S. Seldin under date. of May 7, 1984,.as follows* "...Having been denied permission to erect a fence greater than six feet in height at 120 Northview Rd.. The applicants have .recently erected an above ground pool that has caused their neighbors at .114- Northview Rd (52-2-9) concern for their privacy since the pool is adjacent to their living space andpatio area. To remedy this problem and satisfy the neighbor's concerns, the applicants have agreed, to erect a fence at applicants' expense that is both suitable and compatible with the wishes of their neighbors." Mr. Seldin appeared before the Board and showed the members two photographs which were taken from Mr. Millar's back yard. Mr. Seldin stated that he did not, nor did either of them, realize the extent to which the pool would be seen from the Millars' yard. Mr. Seldin stated that they both said, "Let's get it up and see." Mr. Seldin stated that he did visit with Mr. Millar. Noting again that he visited with Mr. Millar, Mr. Seldin stated that they agreed about the fence. Mr. Seldin stated that he was really doing 'this because he wanted to satisfy his neighbor's concerns, adding that he thought they were. legitimate. Mr. Seldin stated that they both agreed that this was the best way to handle the situatiozie Mr. Seldin stated that they got together last week and. he asked Mr. Millar how high and how long the fence would best be in relationship to certain bushes in place. In terms of length, mr., Seldin stated about 60' would do the job and, in terms of height, he.. would like to play safe and ask for 12 feet, adding that they may not have that height but it would be built for Mr. Millar to be happy. Mr. Seldin stated that the pool is for their children and for himself. Mr. Seldin described a severe herniated disc problem which. he has and stated that swimming has been prescribed by his doctor. Mr. Seldin stated that this is something that has been gone over all the way through to the product and an arrangement for which he would like the blessing of the Board of Appeals. Mr. King wondered about the other neighbors. Mr. Seldin stated that nobody else is affected and proceeded to describe his property as it is located on 4the loop of Northview Road. Mr. Seldin stated that Mrs. Christie [126 Northview Road] said she hoped Mr. Seldin had.fun swimming and was not concerned about the fence or the pool. "Zoning Board oz Appeals 17 May 16,; 19811, Chairman Aron asked if there were anyone present. who wished to 'speak to the matter of the Seldin Appeal. No one spoke. Mr. Cartee stated that he discussed the matter with the neighbor, Mr. Millar who abuts the property on the southeast, and he indicated that he had discussed the situation with Mr. Seldin and was in agreement that the fence was the best solution. Mr. Cartee stated than: Mr. Millar had indicated a fence height of 8' -to 10' and that he [Cartee]- had suggested that Mr. Millar state a specific height. preference., however, he did not. Mr. Cartee stated that he suggested the -12 -foot height to Mr. Seldin, adding that he would recommend to the Board that it grant this fence greater than 6' but no greater than 12.1, Mr. King commented that, personally, he thought.what the Boat -C.1 ought to do is adjourn for a month, at a specified time and date so-ao hearing -notice. has .to be published, so that Mr. Seldin can have an exact proposal. Mr. Seldin stated that the proposal is for a fence 12' high and 60' in length. Mr. King noted that the actual height the fence might end up at is unknown. Mr. Seldin stated that, as he testified, the fence does not affect anyone else; cannot be seen. from the roadway; is something Mr. Millar wants, and he [Seldin] is trying to accommodate his concerns. Mr. Seldin stated that if the matter is adjourned for a month, then it will be a month until he can do what has to be done for Mr. Millar. Mr. King commented to coir. Seldin that the pool is there and he is sure to use it. I01r. Seldin agreed. Mr. King commented further that he took it that the Building Inspector has no concern. Mr. Cartee responded that as long as the Board limits the height and length he had no concern, adding that he would recommend 12.' x 60'. MOTION by Mr. Edward Austen, seconded by Mrs. Joan Reuning: RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and hereby -does an .area variance from the requirements of Article XIII, Section- 65, of the Town of Ithaca Zoning Ordinance, to permit the erection of a fence no higher than twelve feet (12') and no longer than sixty feet (60') and to be_ located between a, hedge and trees„ as proposed and presented by William S. Seldin, Appellant, with respect -C:o 120 Northview Road, Town of Ithaca Tax Parcel No. 6-52-2-1. There being no further discussion, the Chair called for a vote, Aye - Aron, Austen, King, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Chairman Aron declared the Public Hearing in and the matter of the Seldin Appeal duly closed at 8:39 p.m. APPEAL OF ITD GROUP, INC., APPELLANT, KEVIN E. LEWIS, ARCHITECT, AS AGENT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING' PERIviISSION FOR THE DEVELOPMENT UPON THE LANDS OF LAKE.SHORE WEST OF. A 120 -BED NURSING HOME FACILITY; DENYING PERMISSION FOR 1 PARKING SPACE PER UNIT TOWN OF ITHACA 126 East Seneca Street Ithaca, New York 14850 ( 607 ) 2731747 A P P E A L to the Building Inspector and Zoning Board of Appeals of the Town of Ithaca, New York FEE: RECEIVED: CASH ( ) CHECK ZONING. For Office Use Only Parcel No. 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)/C� Section(s) (j�S�- , of the' Town of Ithaca Zoning OrdZCn'lnce, the UNDERSIGNED respectfully submits this appeal.from such denial and, in support of the appeal, affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: Dated: eyf: T7 f P 4' Signed: I X����I/l