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Home My WebLink AboutZBA Area 11/18/2002 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, NOVEMBER l8, 2002 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, November 18, 2002, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P.M . , on the following matters : APPEAL of Jody and Jeffrey Boronkay, Appellant, requesting a variance from the requirements of Section 2 .01 -2 of the Town of Ithaca Sign Law, to be permitted to maintain an "off premise" sign advertising a day care operation on Evergreen Lane, with said sign located at 105 Duboise Road, Town of Ithaca Tax Parcel No. 24-2- 1 .2, Residence District R-30. A variance for said sign was previously granted on June 25 , 1997 with a five-year limitation. APPEAL of John Jackson, Appellant, Scott Hamilton, landowner, requesting a variance from the requirements of Article VII, Section 34 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a car rental business at the Judd Falls Plaza, with five vehicles on site at one time, located at 350 Pine Tree Road, Town of Ithaca Tax Parcels No. 62- 1 - 1 , -2 . 1 , -2.2, and 3 .2, Business District C. Said Ordinance does not permit the outside display of vehicles. APPEAL of Bruno Mazza Jr. , POA, Appellant_ Allan.WarshawskyAgent,.requesting ariances=from.the_.__.. _. .-- __ . _ _ . _. . requirements of Article V, _Section8.21 and==23 to :createahree burldmg lots; by. subdivision ._with _parcel A` containing an existing residence with a 1 ± foot building setback (40 feet required) and a lot depth of 196 ± feet (200 foot depth required), parcel B with a lot width of 98± feet ( 150 feet required), and Parcel C with an existing residence that has a 32 + foot setback (40 feet required), all located at 344-352 King Road West, Town of Ithaca Tax Parcels No. 35-2-6 .2 and —6.4, Residence District 11-30. APPEAL of Thomas Bell, Appellant, requesting variances from the requirements of Article V, Sections 18 and 20 to be permitted to construct an accessory building on vacant land, not containing a primary residence at 307 Bostwick Road, Town of Ithaca Tax Parcel No. 31 -5 - 1 .3 , Residence District R-30. The accessory building has a proposed building height of 19 ± feet ( 15 foot height limitation). 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. Andrew S . Frost Director of Building and Zoning 273 - 1783 Dated : November 7, 2002 Published : November 11 , 2002 ZONING BOARD OF APPEALS NOVEMBER 18, 2002 b. The car rental business is a permitted use in Business District C. CONDITIONS: a . The variance grants the right to have outside display of up to five vehicles, subject to the location restrictions set forth in Planning Board Resolution No. 2002- 103. b. The variance is subject to all of the requirements of the Planning Board Resolution No. 2002- 103. The vote on the MOTION resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Dixon NAYS: None The MOTION was declared to be carried unanimously. APPEAL of Bruno Mazza Jr. , POA, Appellant, Allan Warshawsky, Agent, requesting variances from the requirements of Article V, Sections 21 and 23 to create three building lots, by subdivision , with parcel A containing an existing residence with a 1 + foot building setback (40 feet required) and a lot depth of 196 + feet (200 foot depth required), parcel B with a lot width of 98+ feet ( 150 feet required), and Parcel C with an existing residence that has a 32 + foot *eeee setback (40 feet required), all located at 344-352 King Road West, Town of Ithaca Tax Parcels No . 35-2-6 . 2 and —6 .4 , Residence District R-30. Allan Warshawsky , 109 Eastern Heights Drive — I ' m representing Mr. and Mrs . Esty , who live out of state . This property has been in their family for quite a while . It is now two tax map parcels . We've been selling it . . . what they would like to do and what I think would be in the best interest of the Town is if we sold these as owner occupied properties rather than income properties , which they had been for a while since they the Estys moved to South Carolina . Unless each property is on its own tax map parcel , we are going to have a lot of trouble selling them as owner occupied properties . They would have to buy two properties . It has proven to be quite a problem . We have done what we were asked to do by the Planning Board . Some of the variances that we are asking for we have no control over. They existed previously . . . the side yard variances . Chairperson Sigel — You are proposing to add a restriction to these properties that they be owner occupied ? Mr. Warshawsky — No . We don 't want to do that at all . it will make it easier for them to sell as owner occupied . That is part of the reason that we would like the zoning change . It makes sense that each house should be on its plot . Before this , 346 in the back didn 't have any road frontage what so ever. Chairperson Sigel — I would agree that it certainly makes sense . You were presumably legally nonconforming before . Any questions? 12 ZONING BOARD OF APPEALS NOVEMBER 18 , 2002 Mr. Krantz — Is that variance just for one-foot setback approval . . . ? Chairperson Sigel — Do you know how old the house is at 344? Mr. Warshawsky — 344 was 1949 or 1950 , 350 is the same as well , 346 is 1981 . Chairperson Sigel — Do you know if there are already any variances granted for these setbacks? Attorney Barney — How did the building at 346 come to be built with no road frontage ? Mr. Frost — It was probably before we had any zoning enforcement . Attorney Barney — In 1981 ? Chairperson Sigel — 346 was built without road frontage . Mr. Warshawsky — As it exists now, isn 't 346 part of a tax parcel that has road frontage ? Attorney Barney — If it is , it is a violation of our ordinance for having two principle dwelling units . Mr. Frost — The other possibility could be that it may have replaced a building so that it was just a continuation . I don 't have a good answer for you . Attorney Barney — (Comments not audible) Mr. Frost — You were here in 1981 as well . Attorney Barney — It' s a self-created issue . Mr. Frost — We do have some property descriptions from the tax rolls here that show 1955 . There was a cottage in 1955 and a garage in 1955 . 1 show a ranch at 352 as being built in 1955 . There was a cottage built in 1955 . Basically , there was only residential zoning back then prior to 1960 . Chairperson Sigel — If there is a self-created hardship or situation . . . Mr. Krantz — Basically, there are three houses on two properties and we want to change it to three still nonconforming houses on three properties so that they can be sold . Chairperson Sigel — Right . Mr. Krantz — We are not making it any worse . Chairperson Sigel — You could take a more aggressive approach and say that the house that was built in the 1980s is nonconforming . . . (comments not audible) 13 ZONING HOARD OF APPEALS NOVEMBER 18 , 2002 Mr. Niefer — Should we note that parcel A and parcel C have an excess of 30 , 000 square feet per parcel . . . ? Chairperson Sigel — They are good -sized lots . I suspect if the house wasn 't there and someone asked for a subdivision then it would probably get approved . Mr. Krantz — It does not seem to be an unreasonable request to me . Chairperson Sigel — We have no environmental assessment for this . We ' ll open the public hearing at this point . Chairperson Sigel opened the public hearing at 7 : 41 p . m . With no persons present to be heard , Chairperson Sigel closed the public hearing at 7 : 42 p . m . Would someone like to make a motion ? Mr. Krantz — I would move that the Zoning Board of Appeals approve the appeal of Bruno Mazza , Jr. , requesting variances from the requirements of Article V , Section 21 and 23 to create three building lots by subdivision , parcel a containing one existing residence which has a one foot building setback where by forty feet is required and a lot depth of 196 feet where by 200 feet is required , parcel b has . , whereby 40 feet is required . The three parcels are located at 344-352 King Rd W in the Town of Ithaca , Tax Parcels No . 35 . -2-6 . 2 , -6 . 4 , in residence district R-30 . It is noted that the residences are dated far back before there was a Zoning Board of Appeals and that Chairperson Sigel — I ' m not sure that' s true . Mr . Frost — I just pulled a filed of record of permits issued for that part of the road . The house in 1981 was built for a Charles Esty with an address of 344 King Rd W , parcel 35 . -2-6 . 2 . There was a permit and no records . . . it looks like a certificate of occupancy was issued in 1989 . Mr . Krantz — It was known that two of the three residences were built before the zoning regulations . Attorney Barney — That is not necessarily true either, it was 1955 . We had zoning in 1954 . Mr. Krantz - I ' ll just drop that sentence . Chairperson Sigel — Add the finding that the requirements for an area variance have been satisfied . Attorney Barney — As a condition I would think that the one foot variance that is being permitted with respect to parcel A is for the existing house and is not for any other structure . Chairperson Sigel — Good idea . Attorney Barney — I think the motion should show that it is an application by Charles and Mary Lou Esty . The variance should be granted to Charles and Mary Lou Esty rather than Mr. Mazza . Chairperson Sigel — Second ? Mr. Ellsworth — Second . 14 ZONING BOARD OF APPEALS NOVEMBER 18 , 2002 Chairperson Sigel — All in favor? Board — Aye . ZB RESOLUTION NO . 2002-077 : Charles and Mary Lou Estey, 344-352 King Road West, Town of Ithaca Tax Parcel Nos . 35 .-2 -6 . 2 and —6 . 4 , Residence District R-30 . MOTION made by Ronald Krantz, seconded Harry Ellsworth, RESOLVED that this Board grants the appeal of Charles and Mary Lou Estey, Appellants, Allan Warshawsky, Agent, requesting variances from the requirements of Article V, Sections 21 and 23 to create three building lots, by subdivision, with parcel A containing an existing residence with a 1 foot building setback (40 feet required) and a lot depth of 172 feet (200 foot depth required), parcel B with a lot width of 98 feet ( 150 feet required), and Parcel C with an existing residence that has a 32 foot setback (40 feet required), all located at 344-352 King Road West, Town of Ithaca Tax Parcels No. 35-2-6. 2 and --6. 4, Residence District R-30. FINDINGS: a . The requirements for an area variance have been satisfied. CONDITIONS: a . The 1 foot building setback may only be applied to the existing house on Parcel A . The vote on the MOTION resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Dixon NAYS: None The MOTION was declared to be carried unanimously. APPEAL of Thomas Bell , Appellant, requesting variances from the requirements of Article V, Sections 18 and 20 to be permitted to construct an accessory building on vacant land , not containing a primary residence at 307 Bostwick Road , Town of Ithaca Tax Parcel No. 31 -5-1 . 3 , Residence District R-30. The accessory building has a proposed building height of 19 + feet ( 15 foot height limitation ). Thomas Bell , 5401 Currey Rd Trumansburg — We have recently moved into a rental home in Cayuga Heights until our home is completed on the site on Bostwick Hill Road . 15 M , O I� O W w W b4 � M � o O � a M w ct ct kf, FILE DATE` ZB RESOLUTION NO . 2002-077 : Charles and Mary Lou Estey, 344=352 King Road West, Town of Ithaca Tax Parcel Nos . 35 .=2-6 . 2 and —6. 4, Residence District R-30 MOTION made by Ronald Krantz , seconded Harry Ellsworth . RESOLVED that this Board grants the appeal of Charles and Mary Lou Estey , Appellants , Allan Warshawsky, Agent , requesting variances from the requirements of Article V , Sections 21 and 23 to create three building lots , by subdivision , with parcel A containing an existing residence with a 1 foot building setback (40 feet required) and a lot depth of 172 feet (200 foot depth required ) , parcel B with a lot width of 98 feet ( 150 feet required ) , and Parcel C with an existing residence that has a 32 foot setback (40 feet required ) , all located at 344-352 King Road West , Town of Ithaca Tax Parcels No . 35 -2-6 . 2 and —6 . 4 , Residence District R-30 . FINDINGS : a . The requirements for an area variance have been satisfied . CONDITIONS : a . The 1 foot building setback may only be applied to the existing house on Parcel A . The vote on the MOTION resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Dixon NAYS : None The MOTION was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA . I , Lori Waring , Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached 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 18th day of November 2002 , Deputy Town Clerk Town of Ithaca TOWN OF ITHACA FEE: $80.00 215 North Tioga Street RECEIVED: C) loa Ithaca, New York 14850 (607) 273 4783 CASH APPEAL CHECK - ( I to the Building Inspector/Zoning Enforcement Officer ZONING: and the Zoning Board of Appeals For Office Use Only of the Town of Ithaca, New York Having been denied permission to: �� -w� yaAoe.��e. at (N . J 40, Town of Ithaca Tax Parcel No 36 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) , Section(s) 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: _ p (Additional sheets may be attached as necessary.) L✓- — �s-K.c_w2 �.� �22ir�1/f � r1 st�� att _� / -�'c �►.�oap- t � -J- 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 #my application. "X . 4"40y Signature of Owner/Appellant: / ��iu �.w Q, < /�� Date: Signature of Appellant�/Aggent: LAJ Date: J- O L 1 L2 Print Name Here: Lam \ ` G VQ Gtr- \Vl cv G Home Telephone Number: CoD � Z—:] Z— 3 R �j' Work T lephone Number: ( 61 NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the variance will . Your attendance at the meeting is advised. Q av\ ' 0av ` a W;�) L� C_ \,u, \ e Mac Lok E ,: Vej X333 , Tc , pact MCYN pIr 00 05 Cic(� tv1 k ' �0 o N VACVQ&T,5\Q�,a 1 c 2 ra b � FILE DATE 1 �-- ADOPTED RESOLUTION : PB RESOLUTION NO . 2002-114 Preliminary & Final Subdivision Approval Estey Three- Lot Subdivision 344 , 346 , and 352 West King Road Tax Parcel No ' s . 35-2-6 . 2 and 35-2-6 . 4 Planning Board , November 5 , 2002 MOTION made by Fred Wilcox , seconded by Tracy Mitrano . WHEREAS : 1 . This action involves consideration of Preliminary and Final Subdivision Approval for the proposed three- lot subdivision located at 344 , 346 , and 352 West King Road , Town of Ithaca Tax Parcel No . ' s 35-2-6 . 2 and 35-2-6 . 4 , Residence District R-30 . The proposal is to subdivide two existing lots into three new lots , each containing an existing house and road frontage . Charles & Mary Lou Estey, Owners ; Allen Warshawsky , Agent , and 2 . This is an Unlisted Action for which the Town of Ithaca Planning Board , acting as lead agency in environmental review with respect to Subdivision Approval , has , on November 5 , 2002 , made a negative determination of environmental significance , after having reviewed and accepted as adequate a Short Environmental Assessment Form Part I , submitted by the applicant , and a Part II prepared by Town Planning staff , and 3 . The Planning Board , has held a public hearing on November 5 , 2002 , and has reviewed a plat entitled , " Subdivision Map No . 344 , 346 , 352 West King Road" , prepared by Allen T . Fulkerson , LLS , dated October 2 , 2002 , and other application materials , and NOW THEREFORE BE IT RESOLVED : 1 . That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval , as shown on the Preliminary and Final Subdivision Checklist , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board , and 2 . That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No ' s . 35-2-6 . 2 and 35-2-6 . 4 into three lots , located at 344 , 346 , and 352 West King Road , as shown on a map entitled , " Subdivision Map No , 344 , 346 , 352 West King Road " , prepared by Allen T . Fulkerson , LLS , dated October 2 , 2002 , subject to the following conditions : a . submission for signing by the Chairman of the Planning Board of an original or mylar copy of the plat and three dark- lined prints , prior to filing with the Tompkins County Clerk 's Office , and submission of a receipt of filing to the Town of Ithaca Planning Department , and b . the granting of the necessary variances from the Zoning Board of Appeals , prior to the plat being signed by the Chair of the Planning Board . The motion resulted as follows : AYES : Wilcox , Conneman , Mitrano , Thayer, Howe . NAYS : None . The motion was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA. I , Carrie Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Planning Board of the Town of Ithaca at a regular meeting on the 51h day of November 2002 . Teen -6terk/Deputy Town Clerk Town of Ithaca Printer Friendly Report Page 1 of 1 Property Description Report Ithaca (Town ) Status : Active Roll Section : Taxable Owner: Swis : 503089 Tax Map# 351 -2-61 ESTEY, CHARLES B JR ESTEY, MARY LOU Location : 3449352 KING RD W 352 W KING RD ITHACA NY 14850 Zoning Code : Site : 1 CHARLES B ESTEY JR & MARY LOU ESTEY Neighborhood : 30020 Last Sale : Property Class : 1 Family Residence Land Type : Primary Sale Date : 08/31 /2001 Sale Price : $ 1 .00 Size : 0 x 0 Valid : 0 Arms Length : N Land Assessment: $249100 . 00 Deed Book : 915 Deed Page : 105 Total Assessment: $80 ,000 . 00 Prior Owner: Total Acreage : 2 .74 School District: Ithaca HART, ROBERT J F/TAMMY L Structure - Building Style : Ranch Utilities - Number of Baths : 1 Sewer Type Private Number of Bedrooms 3 Water Supply Private Number of Kitchens 1 Utilities Electric Number of Fireplaces 0 Heat Type Hot Air Overall Condition Normal Fuel Type Gas Central Air Overall Grade Minimum Porch Type Porch , Covered . Improvements - Porch Area 70 .00 sq/ft Year Built 1955 Structure : GARAGE , 1 STY ATT. Basement Type Crawl Grade : Minimum Basement Garage Cap . 0 Condition : Normal Attached Garage Cap . 1 Size : 320 x 0 Area Year: 1955 - - Living Area : 986 .00 sq/ft Tax Information First Story Area : 986 . 00 sq/ft Second Story Area : 0 .00 sq/ft Taxes may not reflect exemptions or changes in Half Story Area : 0 . 00 sq/ft assessment ! Additional Story Area : 0 .00 sq/ft Three-Quarter Story 000 s /ft County Year Tax : $936. 57 Area : . q County Year: 2001 Finished Basement 0 .00 sq/ft School Year Tax : $0 .00 Number of Stories 1 School Year: http ://asmsdg. tompkins-co . org/imate/printable . asp 10/24/02 Printer Friendly Report Page 1 of 1 t ` t , 6 �! Property Description Report Ithaca (Town ) Status : Active Roll Section : Taxable Owner: Swis : 503089 Tax Map# 351 -2-6. 2 ESTEY, CHARLES B JR ESTEY, MARY LOU Location : 344 , 352 KING RD W 352 W KING RD ITHACA NY 14850 Zoning Code : Site : 2 CHARLES B ESTEY JR & MARY LOU ESTEY Neighborhood : 30020 Last Sale : Property Class : 1 Family Residence Land Type : Secondary Sale Date : 08131 /2001 Sale Price: $1 .00 Size : 0 x 0 Valid : 0 Arms Length : N Land Assessment: $249100 . 00 Deed Book : 915 Deed Page : 105 Total Assessment: $80 ,000 . 00 Prior Owner: Total Acreage : 2 . 74 School District: Ithaca HART, ROBERT J F/TAMMY L Structure - Building Style : Cottage Number of Baths : 1 Number of Bedrooms 1 Number of Kitchens 1 Utilities - Number of Fireplaces 0 Sewer Type Private Overall Condition Normal Water Supply Private Overall Grade Minimum Utilities Electric Porch Type Porch , Covered Heat Type Hot Air Porch Area 30 . 00 sq/ft Fuel Type Gas Year Built 1955 Central Air Basement Type Crawl Improvements Basement Garage Cap . 0 - Attached Garage Cap . 1 Tax Information - Area - Taxes may not reflect exemptions or changes in Living Area : 480 . 00 sq/ft assessment ! First Story Area : 480 . 00 sq/ft Second Story Area : 0 . 00 sq/ft County Year Tax : $936 . 57 County Year: 2001 Half Story Area : 0 .00 sq/ft School Year Tax : $0 .00 Additional Story Area : 0. 00 sq/ft School Year: Three-Quarter Story 0 .00 sq/ft Area : Finished Basement 0 . 00 sq/ft Number of Stories 1 http ://asmsdg. tompkins-co . org/imate/printable .asp 10/24/02 Printer Friendly Report Page 1 of 2 Property Description Report Ithaca (Town ) Status : Active Roll Section : Taxable Owner: Swis : 503089 Tax Map# 35. -2 -6.4 ESTEY, CHARLES B JR ESTEY, MARY LOU Location : 346 KING RD W 352 W KING RD ITHACA NY 14850 Zoning Code : Site : 1 CHARLES B ESTEY JR & MARY LOU ESTEY Neighborhood : 30020 Last Sale : Property Class : 1 Family Residence Land Type : Primary Sale Date : 08/31 /2001 Sale Price : $ 1 . 00 Size : 0 x 0 Valid : 0 Arms Length : N Land Assessment: $17 , 000 . 00 Deed Book : 915 Deed Page : 105 Total Assessment: $77 , 000 . 00 Prior Owner: Total Acreage : 1 . 03 School District : Ithaca HART, ROBERT J F/TAMMY L Utilities - Sewer Type Private Structure - Water Supply Private Building Style : Ranch Utilities Electric Number of Baths : 2 Heat Type Hot Air Number of Bedrooms 3 Fuel Type Gas Number of Kitchens 1 Central Air Number of Fireplaces 0 Overall Condition Normal Improvements - Overall Grade Economy Porch Type Porch , Open Structure : GARAGE , 1 STY DET, Porch Area 224 . 00 sq/ft Grade : Average Year Built 1981 Condition : Normal Basement Type Crawl Size : 30 x 24 Basement Garage Cap . 0 Year: 1986 Attached Garage Cap . 2 Structure : PORCH , COVERED Grade : Economy Area - Condition : Normal Living Area : 1 , 358 . 00 sq/ft Size : 128 x 0 First Story Area : 1 ,358 .00 sq/ft Year: 1981 Second Story Area : 0. 00 sq/ft Tax Information - Half Story Area : 0 . 00 sq/ft Additional Story Area : 0 . 00 sq/ft Three-Quarter Story 0 . 00 sq/ft Taxes may not reflect exemptions or changes in Area : assessment ! 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