Loading...
HomeMy WebLinkAboutZBA History Combined (48) Zoning Board of Appeals History as of 54.-5-22 174 Kendall Ave Tax Parcels involved, with address if known: Current 174 Kendall Ave 54.-5-22with subdivision from 25.-4-25 no readdressing. History: 2001 – Special Approval to allow 6 unrelated occupancy– Approved 1981 – Special Approval for 6 unrelated occupancy - Denied TOWN OF ITHACA ZONING BOARD OF APPEALS SEPTEMBER 2, 1981 The Town of Ithaca Zoning Board of Appeals met on Wednesday, September 2, 1981, in Town Hall, 126 East Seneca Street, Ithaca, N.Y., at 7:30 p.m. PRESENT: Chairman Jack D. Hewett, Edward N. Austen, Joan G. Reuning, Lewis D. Cartee (Town. Building Inspector), Nancy M. Fuller (Secretary). ALSO PRESENT: Wayne and Debra Stokes, Leo and Sam Deeb, James Iacovelli, Fred Beck, Esq., Fred Rottmann, Dr. Achilles M. Filios, Candy Kilbourne, Wesley J. Wells, Eleanor P. May, Montgomery May, Cristen Eddy Haltom, Mrs. Sykes, Charlotte Stahl, Barbara Mai, W.F. Mai, James Scaruto, Lisa Best (WHCU). Chairman Hewett declared the meeting duly opened at 7:35 p.m. ADJOURNED APPEAL OF WAYNE AND DEBRA STOKES IN RE OCCUPANCY AT 109 JUDD FALLS ROAD. (FROM APRIL S. 1981.) Chairman Hewett declared the Public Hearing in.the Matter of the Adjourned Appeal of Wayne and Debra Stokes duly opened at 7:36 p.m., and accepted for the record the Clerk's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hal and the Ithaca Journal on August 25 1981 and August 28 1981,/Yoe g'true bier wly, the Secretary's Affidavit of Service by Mail of said Notice upon Wayne and Debra Stokes, as parties to the action, on August 28, 1981.. With both Mr. that he has made and Mrs. Stokes an inspection of the present, Mr. house in Cartee stated question and it to the Board is now in compliance with the that the Stokes have requirements of been very nice the Zoning and easy to Ordinance, Mr. work with. Cartee stated MOTION by Mr. Edward N. Austen, seconded by Mrs. Joan G. Reuning: RESOLVED, that the Town of Ithaca Zoning Board of Appeals find and hereby does find that the matter of the Stokes Appeal is Moot and, therefore, the Appeal ls._:dismissed. There being no further discussion, the Chair called for a vote. Aye - Hewett, Reuning, Austen. Nay - None. The MOTION was declared to be carried unanimously. Chairman Hewett declared the matter of the Stokes Appeal duly closed at 7:42 p.m. ADJOURNED APPEAL OF GENE P. NUSE IN RE OCCUPANCY AT 174 KENDALL AVENUE. (FROM APRIL 8, 1981, AND MAY 13, 1981.) Chairman Hewett declared the Public Hearing in the above -noted matter duly opened at 7:43 p.m, and accepted for the record the Clerk's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on August 25, 1981, and August 28, 1981, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon Gene P. Nuse, as party to the action, on August 28, 1981. Mr.. Cartee stated to the Board that Mr. Nuse was unable to attend this Zoning Board of Appeals -2- September 2, 1981 meeting, however, he (Cahtee) had made an inspection of the residence in question and wished to report that Mr. Nuse is occupying one half of the residence and two students are occupying the other half and, therefore, the property is in compliance with the requirements of the Zoning Ordinance. MOTION by Mr. Edward N. Austen, seconded by Mrs. Joan.G. Reuning: RESOLVED, that the Town of Ithaca Zoning Board of Appeals find and hereby does find that the.matter of the Nuse Appeal is Moot and, therefore, the Appeal is dismissed. There being no further discussion, the Chair called for a vote. Ayer Hewett, Reuning, Austen. Nay - None. The MOTION was declared to be carried unanimously. Chairman Hewett declared the matter of the Nuse Appeal duly closed at 7:45 p.m. ADJOURNED APPEAL OF CHIA C. KUO IN RE OCCUPANCY AT 102 SHARLENE DRIVE. (FROM DECEMBER 17, 1980.) Chairman Hewett declared the Public Hearing in the above -noted matter duly opened at 7:45 p.m. and accepted for the record the Clerk's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and -the Ithaca Journal on August 25, 1981, and August 28, 1981, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon Chia C. Kuo, as party to the action, on August 28, 1981. Mr. Cartee stated to the Board that Mr. Kuo is out of town and he expressed on his behalf Mr. Kuo's regret that he could not, attend. Mr. Cartee reported that he made an inspection of the premises in question and found the property in compliance with the requirements of the zoning ordinance. MOTION by Mrs. Joan G. Reuning, seconded by Mr. Edward N. Austen: RESOLVED, that the Town of Ithaca Zoning Board of Appeals find and hereby does find that the matter of the Kuo Appeal is Moot and, therefore, the Appeal is dismissed. There being no further discussion, the Chair called for a vote. Aye - Hewett, Nay - None. Reuning, Austen, The MOTION was declared to be carried unanimously. Chairman Hewett declared the matter of the Kuo Appeal_ duly closed at 7:47 p.m. ADJOURNED APPEAL OF JAMES IACOVELLI IN RE CONVERSION OF EXISTING STORAGE BUILDING TO A SINGLE FAMILY RESIDENCE AT 111 KENDALL AVENUE. (FROM JULY 22, 1981.) Chairman Hewett declared the Public Hearing in the above -noted matter duly opened at 7:47 p.m. and accepted for the record the Clerk's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on August 25, 1981, and August 28, 1981, respectively, TOWN OF ITHACA ZONING BOARD OF APPEALS MAY 13, 1981 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday, May 13, 1981, in Town Hall, 126 East Seneca Street, Ithaca, N.Y., at 7:30 p.m. PRESENT: Chairman Jack D. Hewett, Edward N. Austen, Joan G. Reuning, Edward W. King, Henry Aron, Lewis D. Cartee (Building Inspector), Nancy M. Fuller (Secretary). ALSO PRESENT: Anna Leighton, Frederick A. Leighton, Gene P. Nuse, William B. Schooley, Libby 0. Leonard, Karen O'Regan, Peter N. Littman, Esq., Jack Krozser, Lawrence A. Gray, Judy Hausner, Randall A. Hausner, Gert --rude Gray, Town Councilman George Kugler, Lawrence Iacovelli, Mark L. Iacovelli, Fred Brainard, Edward A. Mazza, Esq., Armand L. Adams, Esq., Betty Li,.Mark Li, Dave Burbank (WTKO News) . Chairman Hewett declareca the meeting duly opened at 7:40 p.m. and accepted for the record the Clerk's Affidavit of Posting and. Publication of the Notice, of Public Hearings in Town Hall and the Ithaca Journal on May 5, 1981 and May 8, 1981, respectively, together with the Secretary's Affidavit of Service by Mail, on May 6, 1981, of said Notice upon the various neighbors of each of the properties in question, and upon. others with interest, and upon the Appellants (and Agents, if any), as parties to the actions. It was noted that each Board member had received with his/her Agenda copies of all documents received with respect to each' Appeal. ADJOURNED APPEAL (FROM APRIL, 8, 1981) OF GENE P. NUSE, APPELLANT, JAMES A. SALK, ESQ., AS AGENT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO-FAMILY DWELLING BY SEVEN UNRELATED PERSONS AT 174 KENDALL AVENUE, PARCEL N0. 6-54-5-22, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE III, SECTION 4, PARAGRAPH 2(a), OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Hewett.declared.the Adjourned.Public Hearing in. the above -noted matter duly opened at 7:41 p.m. and read .aloud the Notice as published and as noted above. Chairman Hewett referenced the Appeal Form as had been signed and submitted by James A. Salk, Attorney for Gene P. Nuse, Owner, and dated March 18, 1981, said Appeal reading as follows: "...Having been denied permission to lease my,premises to seven unrelated people at 174 Kendall Ave.,...1. The premises are in conformance with the Zoning Ordinance as a non conforming use. 2. A special permit should be granted under Article III, Section 4(2)(b), or 3. A Zoning Board of Appeals 2 May 13, 1981 variance should be granted as the premises are not economically viable for any use other than the use sought herein." Mr. Nuse was present on his own behalf and presented a map to the Board, stating that the Belous' property is to the east 48' and the Hilker property is to the west 401. He stated that he purchased his property from Belous in 1979. Mr. Nuse stated that he had checked the zoning, purchased a zoning ordinance, read it, and found nothing in the ordinance to indicate that the occupancy of his property was incorrect. Mr. Nuse stated that he had not been given the whole law; he was not given the 1970 occupancy amendment. Mr. Nuse stated that the house is a two -unit house, but there is a double living room in the 4 -bedroom side. Mr. Aron asked how the people are distributed in the house. Mr. Nuse stated that there are five in the four-bedroom side which, he felt, is too many. He stated that there are two in the two-bedroom side. Mr. Nuse stated that he is going to requesta variance for six persons, not seven. Mr. Nuse stated that he tries to maintain the building as best he can, there is garbage collection which he pays for. He stated that he has some control over the tenants. He stated that the lawn is kept mowed and loose papers are picked up. He stated that there is ample off-street parking. on the property, noting that the house is fairly deeply off -set on the lot. Mr. Nuse noted that there is a house on Pennsylvania Avenue, adding that it is all brush for quite a distance. Mr. Nuse stated that the Belouses have an apartment across the street and there is a duplex down the street also. Mr. Nuse stated that he would like to request occupancy by six persons, i.e. one person per bedroom,and, temporarily, until August 15, 1981,. he would like to request occupancy by seven persons, i.e., until the expiration of the present lease. Mr. King asked if this house has always had six bedrooms, to which Mr. Nuse replied, yes. Mr. Cartee asked Mr. Nuse if he had a copy of his lease in hand. Mr. Nuse stated that he did not but. he could provide a copy for him. Mr. King noted that the lease for the four-bedroom side expires August 15th, 1981, and asked Mr. Nuse if he could control that occupancy.. Mr. Nuse.stated that he made an.attempt .to evict all five of the tenants and had little success. Mr. Aron asked Mr. Nuse to elaborate on that statement. Mr. Nuse stated that the tenants resisted and so he went to his lawyer who said that they had a lease in place. Mr. Cartee asked Mr. Nuse if his lease refers to four persons and a sub -letting to a fifth. Mr. Nuse stated that it did not, it says five people. Chairman Hewett asked if there were anyone present. who wished to speak to this matter. No one spoke. Zoning Board of Appeals 3 May 13, 1981 Mr. King questioned Mr. Nuse as to possible uses for the dwelling other than six tenants. Mr. Nuse stated that reducing the occupancy to the permitted total of three unrelated persons would certainly reduce his sale price. He stated that the house was designed to be a rental property, the house was designed for six people; its use was for income property. Mr. Austen asked if this dwelling were not suitable for two families. Mr. Nuse replied that he supposed so, but not really. Mr. Nuse described the way the house is sited on the lot and how the property is not congested. He described how the Ithaca College studentswalk by and over his property to class. He stated that he lived on the property for two years so is well acquainted with the situation and its usek. Mr. King asked Mr. Nuse if he were contemplating selling the property now. Mr. Nuse stated that he was not thinking about selling this year, but maybe next year. Mrs. Reuning asked Mr. Muse how many people resided in the house when he lived there. Dli-. Nuse replied that he lived in one side and rented to four people. Mr. King commented that: it appeared that the Appellant was requesting that the Board vary the rules for this piece of property, in this particuL.it instance, while contemplating a resale. Mr. Cartee reminded the Board of the Sullivan Appeal in December 1980 with respect l:o property at 242 Coddington Road where special approval was granted to operate a single family residence as a rooming house for four unrelated persons and commented that this is not a unique case. Chairman Hewett discussed the August 15th lease expiration date with the Board. Mr. Cartee suggested that the Board consider indicating to Mr. Nuse the number of occupants it might entertain. Mr. King stated that he felt that it had been indicated. Mr. King stated that the premises should be brought into compliance by August 15th, adding that he did not think the Board had heard anything that requires such variance. MOTION by Mr. Edward King, seconded by Mr. Henry Aron: RESOLVED, that the Town of Ithaca Zoning Board of Appeals give and hereby does give the Appellant; Gene P. Nuse, until August 15, 1981 to bring the subject property, 174 Kendall Avenue, Town of Ithaca Tax Parcel No. 6=54-5-22, into compliance with the Town of Ithaca Zoning Ordinance as to the number of occupants, and FURTHER RESOLVED, that said Board of Appeals adjourn and hereby does adjourn the matter of the Nuse Appeal until the first meeting of said Board in September 1981. 'Coning Board of Appeals 4 May 13, 1981 There being no further discussion, the Chair called for a vote. Aye - Hewett, Austen, Reuning, King, Aron. Nay - None. The MOTION was deklared to be carried unanimously. Mr. Cartee requested of Mr. Nuse that he provide his office with a copy of the lease and that on August 15th the property be made available for inspection. Chairman Hewett declared the matter of the Nuse Appeal duly adjourned. APPEAL OF FREDERICK AND ANNA LEIGHTON, APPELLAN`!'S, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR THE CONSTRUCTION OF AN ADDITION TO THE REAR OF AN EXISTING DWELLING, CREATING A REAR YARD 4' LESS THAN REQUIRED, AT 110 WARREN ROAD, PARCEL NO. 6-66--2-6, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSP]CTOR UNDER ARTICLE IV, SECTION 14, OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Hewett dec1ai`ed the Public Hearing in the above -noted matter duly 01.)C.11ed at 7:55 p.m., read aloud the Notice as published and as not—.ed above, and referenced the Appeal Form as signed and submitted l)y Frederick A. Leighton and Anna L. Leighton on April 30, 1981, :;uch Appeal reading as follows: "We expect our first child in ,'July, 1981 and wish to expand our one -bedroom house to provide the necessary space. Expansion northward is beyond our mean; due to the very high cost of the required excavation of this site which is inaccessible to machinery. A westward- expansion is within our means and exceeds the western limit of the present enclosed porch by only.six feet. This brings the westernmost wall of the proposed addition to 26 feet from the western (rear) lot line. Thus we request a variance for our rear lot line of four feet." Mr. Leighton appeared before the Board.and stated that their request is for permission.to build an extension to a small house on Warren Road in Forest Home. He stated that the regulations require a 30 -foot rear yard and this proposed extension would extend. 4 feet into that. He stated that their ne;4rest neighbor is quite some distance away -- both ways. He st::,ted that the nearest neighbor would be doing the construction (McElwee). Mr. Leighton stated that they looked at possibly going northward but there would be considerable excavation involved and the terrain is very difficult and also. it would involve .the removing of a. very special tree. Chairman Hewett asked if there were anyone present who wished to speak to this matter. The Secretary read the following memo from the Building Inspector, Mr. Cartee: "May 11, 1981 - Phone Call - 11:45:a.m. -- Mr. Paul Kiely, 116 Warren Road,