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HomeMy WebLinkAboutZBA Area 10/21/2013 Town of Ithaca ZONING BOARD OF APPEALS October 21, 2013 7:00 P.M. Present: Kirk Sigel,Chair; Bill King, Rob Rosen, John DeRosa, Absent: Alternates: Christine Decker and Chris Jung Staff: Bruce Bates, Director Code Enforcement, Susan Brock, Attorney for the Town, and Lori Kofoid, Deputy Town Clerk. Meeting was called to order at 7:08 pm Appeal of Rasmus and Vanessa Schultz, owners, requesting a variance from the requirements of Chapter 270-73(D) "Size and Area of Lot" of the Town of Ithaca Code, to be able to subdivide a lot and have two parcels that do not have a minimum depth from the highway Right of Way of 150 feet, located at 1132 Danby Rd., Tax Parcel No. 37.-1-20.11, Medium Density Residential (MDR). Rasmus and Vanessa Schultz were present to answer questions and provide information. They provided an updated map that shows the stream setback. It was noted by Mr. Sigel that it was being added to the record. Ms. Brock and Mr. Bates agreed that the county GML concern regarding the stream setback has been adequately addressed with this map, therefore a supermajority is not needed for the vote. Ms. Brock concurred that SEQR is needed for this appeal because individual lot line variances are not subject to SEQR, but that in this situation we have two lots that will both need a variance, therefore a SEQR will be done. Mr. Sigel addressed the issue of the setback deficiency in the north section of the "new" lot and stated that it does look like it is a minimal deficiency. Mr. Schultz explained that the property line on the northeast corner was moved for electrical masts which are what created the deficiency. The applicants desire to sell the newly created lot because it is too large for them to manage. Changes to the SEQR forms that were made were in Part 1, number 6. The total acreage 1.007 should be in all boxes in this section. On number 11, we need to have checked YES on that and the agency name should be Town of Ithaca, Planning Board Subdivision approval. Because this application/form was submitted in August, it is not subject to the new SEQR forms. In Part II there is a typo under C5 should say"but' not "buy". ZBA Resolution No. 2013-029, SEOR Area Variance, 1132 Danby Rd, TP#37.-1-20.11, October 21, 2013 Zoning Board of Appeals Minutes 10/21/2013 MOTION made by Kirk Sigel, Seconded by Rob Rosen RESOLVED that this Board makes a negative determination of environmental significance based on the information in the Part I form and further for the reasons stated in the Part II environmental assessment form. A vote on the motion resulted as follows: AYES: Sigel, DeRosa, King, Rosen and Decker NAYS: None Motion was carried unanimously. Public hearing opened at 7:19 pm. Don and Debbie Gregg, neighboring property owners that live adjacent to the lot that would be sold which is immediately to the north of the property under discussion. They stated that they have a few concerns. Their first concern is where the property storm water would drain if a residence is built on the lot, because there are homes on the side and in the back of the property. Those around this property are already quite wet from the drainage situation. Mr. Gregg explained that the foundation of a new home would be above the two homes they are speaking about and would be too low to drain toward the creek or toward their property and to the people in the back. There wouldn't be any place for the property to drain to without adding water to the other lots. Mr. Bates explained that the drainage issue can't be addressed with this appeal that is before the board; this board is just making a decision on the lack of setback if the two lots are subdivided. This decision is based on the property as it is now and only on the line for the setback. The planning board is the one to approve the subdivision, not this board. Mr. Bates and Ms. Brock discussed the procedure for how a person would be required to report how they would take care of and control the drainage on the property if they were going to build there. The storm water plan would have to address these issues before the building permit would be issued. It would be a part of the Site Drainage plan. Ms. Brock stated that the Planning Board also looks at the site and the drainage issues for granting the subdivision approval. Mr. Schultz stated that it was his understanding that any property that would be built on would have to have a professional to assess the drainage, not just his property. Mr. Sigel agreed and said that this property could potentially have more challenges than the average lot issues with the drainage because the creation of more impervious surface could push more water into less pervious surface to drain into, so there could be the potential for issues. Richard Park and Mary Lee Park, owners of the property behind 1132 Danby Rd, came to present their concerns. They have a concern that if someone were to build a home on 2 Zoning Board of Appeals Minutes 10/21/2013 this lot that they would have to build straight up into a two story home and this lot will be so small that they will be taller than the neighbors in the neighborhood. Mr. Sigel explained that in this district, a home could be as close as 30 feet to their back lot line. Mrs. Park questioned the privacy of the new builders and how they are in the country and they want to stay in the country. She is concerned that the new owners wouldn't be aware of what they consider restraints on the property, the small size, the drainage issues, sewage and where the water line is going to go and the electrical lines. Mr. Sigel explained that they would not be able to answer that question because those issues are those that one would hope that any buyer would check into because they are all obvious issues with the property. Their main concern is their privacy. Mr. Schultz stated that he was initially concerned about this same issue when he started considering the subdivision. He looked at the adjacent lots and found that it would not be the smallest lot in the area and it does have a neighborhood feel to it so he wasn't concerned about that now. Public hearing closed at 7:29pm. ZBA Resolution No. 2013-030, Area Variance, 1132 Danby Rd, TP#37.1-20.11. October 21, 2013 MOTION made by Kirk Sigel, Seconded by John DeRosa RESOLVED That this board grants the appeal of Rasmus and Vanessa Schultz, owners, requesting a variance form the requirements of Chapter 270-73(D) "Size and Area of Lot" of the Town of Ithaca Code, to be able to subdivide a lot and have two parcels that do not have a minimum depth from the highway Right of Way of 150 feet, located at 1132 Danby Rd, Tax Parcel No. 37.-1-20.11, Medium Density Residential (MDR) with the following: Conditions 1. that the lot that will contain the home at 1132 Danby Rd have a rear yard setback of no less than 130 feet and that the new lot being created with the north portion of the property having a depth of no less than 135 feet, and 2. that this variance is conditional on the applicant receiving subdivision approval from the Planning Board and, With the following: Findings 1. that the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community specifically finding one, that the benefit that the applicant wishes to achieve which is that of subdividing the property into two lots 3 Zoning Board of Appeals Minutes 10/21/2013 cannot be achieved by any other means feasible given the applicant's desire to be able to subdivide and, 2. that there will not be an undesirable change in neighborhood character or to nearby properties given that the resulting lots will be of a size that is in character with other lots in the area and, 3. that the request is not substantial being a reduction of less than 15% of the required 150 foot setback and, 4. the request will not have adverse physical or environmental effects again, for the same reasons that it involves a setback reduction of less than 15%, and 5. The alleged difficulty is not self-created given that it existed before the applicants purchased the property and was created in the reduction of the front boundary line by the state route right of way adjustment. Vote: Ayes— Sigel, King, Rosen, DeRosa and Jung Nayes — none Motion approved unanimously ZBA Resolution No. 2013-031, Planninq Board Consideration, 1132 Danbv Rd, TP# 37.-1-20.11. October 21, 2013 MOTION made by Kirk Sigel, Seconded by Rob Rosen RESOLVED that this board requests that the Planning Board have copies of these meeting minutes of the Zoning Board of Appeals to take under consideration for the subdivision request. Vote: Ayes— Sigel, King, Rosen, DeRosa and Decker Nayes— none Motion approved unanimously Meeting was adjourned 7:45pm Sub 'tted by: 4Z Approved by: Lori K oid, Deputy o n lerk Kirk Sigel, Chair 4