HomeMy WebLinkAboutZBA Minutes 2014-01-27 TOWN OF ITHACA
ZONING BOARD OF APPEALS
Meeting Minutes
Monday January 27,2014
Present: Kirk Sigel, Chair; Bill King, Rob Rosen, John DeRosa, Chris Jung
Alternate: Christine Decker
Staff: Bruce Bates, Director of Code Enforcement, Susan Brock, Attorney for the
Town, and Lori Kofoid, Deputy Town Clerk
Appeal of Carrie Regenstein, owner, requesting a variance from the requirements of
Chapter 270-71(F) "Yard Regulations" of the Town of Ithaca Code, to be able to
place a detached garage within the 15 ft setback from side property line in the front
yard, located at 301 Muriel St, Tax Parcel No. 70.-2-3, Medium Density Residential
(MDR).
Ms. Regenstein, owner was present for questions and to provide information
regarding the appeal to the board members. She explained that they did some major
renovations a few years ago and the plan is to stay in the home for as long as
possible but they are getting older and shoveling has become a hardship and is one
reason for the garage. She noted that almost every other house in the neighborhood
has a garage and they have designed the garage as small as possible and keeping
with the look of the property. They are also placing it at the driveway to keep the
amount of impervious surface as little as possible. She stated that they have been
working with an architect who studied the property and concluded that there was no
other place to put the garage. There is not enough room to the north and to the east
would involve significant excavation and to the west we would have to add a lot of
paving and would ruin our view. Also, the westerly wind makes a carport not
feasible.
Mr. Sigel asked about the letter she submitted with her application and it was
determined that she had reversed the east and west when describing the issues with
placing the garage in either of those directions.
Mr. DeRosa asked why the garage couldn't be placed further back and the architect
responded that there is a line of evergreen's that would have to be removed as well
as a grade there that would be difficult to walk on and it would also block the view.
Mr. Sigel stated that he found that the garage seemed to be out of character to him
from the neighborhood which to him seems fairly open with no other buildings right
on the road like this garage would be. He stated that he drove around the
neighborhood and most houses are well beyond the setback requirements with no
structures close to the road or even near the setback requirements. This is a well
traveled road with a stop sign where many residents go by. Ms. Regenstein stated
that because it was a 1 acre lot they were hoping that the look of the new garage
where it is does not give a crowded look to the neighborhood.
Approve 2/24/214 1
Mr. King agreed with Mr. Sigel saying that he thought the garage seems big and
sticks out from the house. The architect responded that a typical garage is 22 feet
long and that is what he went with.
Mr. Rosen stated that he walked the area and thinks the garage blocks the view and
could potentially block sight lines for drivers and he thinks this proposal is using
public space for their convenience. He did not believe it fit in the neighborhood and
could be placed in the back.
Mr. Sigel stated that the proposal as submitted is not something he could vote in
favor of because it is out of character for the neighborhood and given that it is a
corner lot and traffic is approaching a stop sign, he was concerned about sight lines
but the main problem is it being so close to the road.
The architect pointed out that the cars are parked closer to the road right now and
having the garage would put them further back and Mr. Sigel responded that cars are
a lot lower than a garage and even having the cars parked there is out of character of
the neighborhood although it is perfectly legal. Ms. Regenstein noted that the sign
for the public hearing has been posted for the time required and no one has
commented negatively.
Mr. DeRosa stated that when he tried to counter the impact on the community with
the burden to the homeowner it doesn't rise to the level of approving this request. He
understood that it would be a hardship to shovel a pathway but there are other areas
to put the garage. Ms. Regenstein reiterated that the view out the back is important
to her and she considered the neighbors views and walked around to make sure the
proposed placement did not obstruct any of her neighbors' views.
Audio was lost.
Discussion followed and the applicant would like an opportunity to review their plans
with the Board's concerns in mind and come back at another time with revisions if
they decide to go that way.
ZBA Resolution No. 2014-001, Area Variance
301 Muriel St, TP # 70.-2-3
January 27, 2014
MOTION made by Kirk Sigel, seconded by John DeRosa
RESOLVED that this board adjourns the appeal of Carrie Regenstein, owner,
requesting a variance to be allowed to place a detached garage within the 15 foot
setback from the side property line in the front yard, located at 301 Muriel St, Tax
Parcel No. 70.-2-3, Medium Density Residential Zone (MDR), until such time as the
Approve 2/24/214 2
applicant submits modified plans and requests that their appeal be placed back on
the ZBA agenda.
Vote:
Ayes: Sigel, King, Rosen, DeRosa and Jung
Nays: None
Motion passed unanimously.
Other Business:
ZBA Resolution No. 2014-002 . Appointment of Vice-Chair for 2014
January 27, 2014
MOTION made by Kirk Sigel, seconded by Bill King.
RESOLVED, that this Board appoints Rob Rosen to be Vice Chairperson of the Town of
Ithaca Zoning Board of Appeals for the year 2014.
Vote:
Ayes: Sigel, King, DeRosa, Decker and Jung
Abstained: Rosen
Nays: none
Motion passed unanimously.
Motion made by Kirk Sigel to adopt the draft minutes of the December 16, 2013 meeting
as the final minutes of the December 16, 2013 meeting. Seconded by Rob Rosen.
Vote:
Ayes: Sigel, King, DeRosa, Decker and Jung
Abstained: Rosen
Nays: none
Motion passed unanimously.
Meeting adjourned at 7:35pm
K4,"2,V f
Kirk Sigel, Chair
Approve 2/24/214 3
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Lori Kofoid, being duly sworn, say that I am the Deputy Town Clerk of the Town of Ithaca,
Tompkins County, New York that the following notice has been duly posted on the sign board of
the Town Clerk of the Town of Ithaca and the notice has been duly published in the official
newspaper, Ithaca Journal:
O ADVERTISEMENT
N of
NOTICE OF PUBLIC HEARINGS
Location of Sign Board Used for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Date of Posting: January 8, 2014
Date of Publication: January 10, 2014
C�� cit
Lori Kofoi
Deputy Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA) lid,
Sworn to and subscribed before me this AL day of
2010
Notary ublic
PAULETTE TERMLLIGER
Notary Public,State of New York
No.01 TE6156809
ousi'fied in Tompkins county
Commission Expires December 4,2q�
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
Monday January 27, 2014
215 North Tioga Street, Ithaca
7:00 P.M.
Appeal of Carrie Regenstein, owner, a variance from the requirements of Chapter
270-71(F) "Yard Regulations" of the Town of Ithaca Code, to be able to place a
detached garage within the 15 ft setback from side property line in the front yard,
located at 301 Muriel St, Tax Parcel No. 70.-2-3, Medium Density Residential (MDR).
Bruce W. Bates
Director of Code Enforcement
607-273-1783
Dated: January 8, 2014
Published: January 10, 2014
AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK ) SS.:
COUNTY OF TOMPKINS )
I, Lori Kofoid, being duly sworn, deposes and says,that deponent is not a party to the actions,is over 21 years of
age with a professional address of 215 North Tioga Street,Ithaca,New York.
That on the 8th day of January 2014, deponent served the within Notice upon the property owners of the
following Tax Parcel Numbers:
301 Muriel St,Tax Parcel 70.-2-3,Area Variance
Charles&Madalyn Alridge Ernest&Melissa Blake BOCES
211 Muriel St 303 Muriel St 555 Warren Rd
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Benedetto& Giuliana Cornell University Erwei Dong&Hye-Ji Kim
Campagnola PO Box DH 401 Lakeview Dr
1209 Hanshaw Rd Ithaca,NY 14853 Mobile,AL 36695
Ithaca,NY 14850
Charles Ewoh Rina Fernandez Lucy Fisher
57 Stornway Dr 304 Tareyton Dr 301 Tareyton Dr
Jackson,TN 38305 Ithaca,NY 14850 Ithaca,NY 14850
Danny Fox&Karen Knudson Francoise Gebhart Kim Keery
306 Tareyton Dr 214 Tareyton Dr 303 Tareyton Dr
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Yew Wing Lee&Ping Fong Li Ofer&Gilly Leshed Chun Li&Xia Zeng
209 Muriel St 210 Muriel St 545 Warren Rd
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
June Locke Rocco Lucente Stephen Lucente
215 Muriel St 120 Briarwood Dr 959 Dryden Rd
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
David&Mary Maley Annemarie Mattison Robin&Chengfu McNeal
305 Tareyton Dr 221 Tareyton Dr 306 Tareyton Dr
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Rebecca Mitchell&Edith Mans Linda Mittel Niels Otani
13 Muriel St 539 Warren Rd 217 Tareyton Dr
haca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Michael&Nancy Pan Joe&Carrie Regenstein Louis&Marilynn Reycroft
302 Muriel St 301 Muriel St 541 Warren Rd
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Affidavit of Service by Mail Zoning Board of Appeals Meeting 1/27/2014
Paula Reynolds Michael Ryan&Julie Glanville Barbara Sayles
219 Tareyton Dr 208 Muriel St 214 Muriel St
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Linda Jaekel Seils Prithwi-Raj Subramaniam Heather Swift
304 Muriel St &Theresa Souchet 222 Tareyton Dr
Ithaca,NY 14850 215 Tareyton Dr Ithaca,NY 14850
Ithaca,NY 14850
William&Deborah Taylor Gene&Jeannette Wilcox Dennis&Wille Page
216 Muriel St 302 Tareyton Dr 212 Muriel St
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
By depositing same enclosed in a postpaid addressed wrapper,in a post office under the exclusive care and custody of the
United States Post Office Department within the State of New York.
Lori Kofoid,Deputy Town Clerk
Town of Ithaca
Sworn to before me this 80'Day of January 2014.
Notary Public
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