HomeMy WebLinkAboutZBA Minutes 2013-10-21 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
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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
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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
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
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TOWN OF fl HNA m
Z,QNtNG BOARD ARD car`
APPEALS
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Location of Sign Board Used for Posting: „ jr
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Lori Kofoid 607-r cr,rraur
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Deputy Town Clerk Date&October 9,201
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA) 6t
Swa to subscribed before me this day of
. , 2013.
Notary Public
PAULME TES IR..LIGE C
!ovary Public,State Of Mier York
No.01 TE61;i6809
uslifled in Tompkins County
Commission Expires December 4,4
AFFIDAVIT OF SERVICE BY MAIL
3TATE 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 7th day of October 2013, deponent served the within Notice upon the property owners of the
following Tax Parcel Numbers:
1132 Danby Rd,Tax Parcel 37.-1-20.11,Area Variance
Beth Harris GSLB Properties,LLC Alan &Joan Wurzel
1122 Danby Rd 1 French Avenue 1119 Danby Rd
Ithaca,NY 14850 Auburn ,NY 13021 Ithaca,NY 14850
Ryan &Nicki Zawel Clarence&Terrie Mayu RJ &Linda Marie Leonardo
1115 Danby Rd 103 Sesame St 1134 Danby Rd
Ithaca,NY 14850 Getzville,NY 14068 Ithaca,NY 14850
Joseph&Marlea Leonardo Rasmus &Vanessa Schultz Debra&Donald Gregg
112 Alison Dr 1132 Danby Rd 107 Alison Dr
haca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
People of New York State Edward&Constance Amici Ali Christopher Sarhangi
110 State St 100 Alison Dr 106 Alison Dr
Albany,NY 12236 Ithaca,NY 14850 Ithaca,NY 14850
David and Doris Hendrickson Lillian Jane Yengo Namgyal Monastery Inst
1143 Danby Rd 1147 Danby Rd 412 N.Aurora St
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Westview Partners,LLC Richard and Mary Lee Park Kaethe&Nathalie Bessou
217 Buttermilk Ln 101 Alison Dr 401 Nelson Rd
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Clara Leonardo Holly Creek Townhomes LLC
1134 Danby Rd 111 West King Rd
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.
i
e'"%ori Kofoid, Deputy To C rk
fown of Ithaca