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HomeMy WebLinkAboutZBA Minutes 1978-09-07 TOWN OF ITHACA ZONING BOARD OF APPEALS SEPTEMBER 7 , 1978 The Town of Ithaca Zoning Board of Appeals met in regular session on Thursday , September 7 , 1978 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Chairman Peter K . Francese , Jack D . Hewett , Edward W . King , Edward N . Austen , Robert W . Bonnell ( Assistant to the Town Engineer ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Carl Mann , Lillian Mann , Amy Suzanne Soyring , Chairman Francese declared the meeting duly opened at 7 : 45 p . m . APPEAL OF CARL AND LILLIAN MANN , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A PERMIT TO CONVERT EXISTING SPACE TO A THIRD DWELLING UNIT AT 103 HAPPY LANE , TAX PARCEL N0 , 6 - 22 - 2 - 5 . 1 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE V , SECTION 18 , OF THE ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the ® above - noted matter duly open at 7 : 45 p . m . Chairman Francese read the Notice of Public Hearing as stated above and presented for the record the Clerk ' s Affidavit of Posting and Publication of said Notice in Town Hall and the Ithaca Journal on August 31 , 1978 and September 2 , 1978 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of subject premises and upon Carl and Lillian Mann as parties to the action . The Appeal Form dated June 20 , 1978 , signed and completed by Carl and Lillian Mann , together with the application for Building Permit and Drawings # 1 and # 2 depicting the floor plans of the existing home at 103 Happy Lane and the proposed apartment unit , were presented to and read by the Chair . The Appeal Form so presented reads as follows : " . . . Having been denied permission to convert existing space to a one bedroom apartment at 103 Happy Lane . . . in violation of Section 18 of the Town of Ithaca Zoning Ordinance . . . PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : Due to inflation extra money would help to maintain the property . It seems impractical to leave this lovely space sit idle and deteriorate . We are unemployed ( retired ) and would do the work ourselves . Thank you for your consideration . " Mr . Mann stated that the area in question runs along Happy Lane from Indian Creek Road to Indian Creek and has approximately 200 ' of frontage on Indian Creek Road and a depth of approximately 6001 . Of this area the Manns own 2 . 26 acres Zoning Board of Appeals 2 September 7 , 1978 ( approximately ) , there being a corner of this area of approximately 100 ' by 175 ' which is owned by Wayne and Seka Pollard . Chairman Francese asked if the structure in question is a one - story house . Mr . Mann stated that it is built on a hill so that half of the basement is exposed and there is an apartment in the basement . Mr . Mann noted that his land goes all the way back to the gorge . Chairman Francese stated that the Appellants have a garage in addition to the house and that they live in the first floor and rent out the basement . Chairman Francese noted that the Appellants would like to build an apartment containing one bedroom over the garage and that the conversion has started but is not finished . Chairman Francese asked for any questions from the members of the Board present . Messrs . Hewett and Austen stated that the matter was clear . Mr . King stated that he had marked on the Drawing # 2 which set forth the placement of three dwelling structures on Parcel No . 6 - 22 - 2 - 6 which is the 1978 for 1979 taxes Assessment Department delineation for the Mann property , being the same area ® known as Parcel No . 6 - 22 - 2 - 5 . 1under the 1977 for 1978 taxes and being the Parcel No . used in this Appeal , and that he had called" the structures A 'B , and C " . Mr . King asked Mr . Mann what the uses for these three structures were . Mr . Mann stated that Dwelling " A " is a one - family dwelling owned by him and rented ; Dwelling " B " is a one - family dwelling owned by him and rented ; Dwelling " C " is a two - family dwelling owned by him in which he and his wife live , has a basement apartment which is rented to one person , and is the dwelling under appeal for the third one - bedroom unit over the garage . Mr . King reiterated that Mr . and Mrs . Mann are applying to make a third dwelling unit in house " C " over the garage . Chairman Francese read again from the Appeal Form submitted by Mr . and Mrs . Mann , Chairman Francese stated that this Board has probably had ten , maybe fifteen , appeals in the last year requesting a third dwelling unit , and that he , himself , has a particular interest in all of them because he lives in a huge barn of a house which has an attic that would make a beautiful apartment , but , he already has one apartment in his home . Chairman Francese noted that this Board has consistently denied appeals for three units in an existing building . Chairman Francese noted that this type of request has been before the Town Board also and he pointed out that there presently is a Town Committee in the process of re -writing the Zoning Ordinance and so , the Manns should make Zoning Board of Appeals 3 September 7 , 1978 their feelings known to the Town Board , Chairman Francese urged Mr . and Mrs . Mann to write to the Town Board and point out the problems of retired persons with space in their homes . After a brief discussion , the consensus of the Board was that the following Finding of Fact should be entered in the matter of the Mann Appeal : FINDING OF FACT : 1 . This Board finds that there is no difference in this Appeal for a third dwelling unit in a building from the other appeals that this Board has heard in the past year and that there are no special circumstances which would speak in favor of such a conversion . MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : RESOLVED , that in view of the Finding of Fact hereinabove stated , the Appeal of Carl and Lillian Mann to vary the requirements of the Zoning Ordinance of the Town of Ithaca to allow for the issuance of a building permit to convert existing space to a third dwelling unit at 103 Happy Lane , be and hereby is denied by the Zoning Board of Appeals of the Town of Ithaca . ® There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , King , Austen . Nay On None . The MOTION was declared to be carried unanimously . Chairman Francese declared the Public Hearing in the matter of the Mann Appeal duly closed at 8 : 19 p . m . APPEAL OF ROBERT F . AND OLYMPIA McFALL , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING USE BY MORE THAN THREE UNRELATED BOARDERS , ROOMERS , LODGERS , OR OTHER OCCUPANTS IN A TWO - FAMILY DWELLING AT 235 CODDINGTON ROAD , TAX PARCEL NO . 6 - 54 - 7 - 44 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE III , SECTION 4 , PAR , 2a , AND EXTENSION OF SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III , SECTION 4 , PAR . 2c , OF THE ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly open at 8 : 20 p . m . Chairman Francese read the Notice of Public Hearing as stated above and presented for the record the Clerk ' s Affidavit of Posting and Publication of said Notice in Town Hall and the Ithaca Journal on August 31 , 1978 and September 2 , 1978 , respectively , together with the ® Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of subject premises and upon Robert and Olympia McFall as parties to the action . The Appeal Form dated September Zoning Board of Appeals 4 September 7 , 1978 ® 2 , 1978 , signed and completed by Robert and Olympia McFall , was presented and reads as follows : " . . . Having been denied permission to use the building at 235 Coddington Road for more than three unrelated boarders , roomers , lodgers , or other occupants and to extend a Special Permit granted September 19 , 1977 , at 235 Coddington Road . ( Two - family dwelling ) , Ithaca , New York . . . in violation of Section 4 , par . 2a of Article III . . . PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : Extension of Special Permit granted September 19 , 1977 , allowing a total of 4 unrelated boarders , roomers , lodgers , or other occupants is hereby requested . Said . Special Permit expires August 31 , 1978 . " Mr . and Mrs . McFall had also sent a letter under date of August 29 , 1978 , to the Chairman of the Zoning Board of Appeals as follows : " In August of 1977 [ Secretary ' s Note : The correct date is September 19th , 19771 we were granted a variance to the zoning code regarding our property at 235 Coddington Road . The variance gave us permission to rent to 3 unrelated persons in the first floor apartment and 1 person in the 2nd floor apartment , with the understanding that we must apply for renewal of this variance on a year - to -year basis . ® We are at this time asking that this variance be renewed for another year . The first floor apartment is still rented to 3 unrelated persons , and the 2nd floor apartment is still rented to 1 person . " The Secretary reported that because of a death in the immediate family , the McFalls were unable to appear before the Board this evening . The Secretary reported that she had spoken by telephone with Mrs . McFall who asked that the Secretary report on her behalf that the McFalls have been and still are diligently trying to sell the house at 235 Coddington Road but no one seems to be interested . Mrs . McFall asked that it be stated that absolutely nothing has changed since the granting of the special approval one year ago ; that they will continue to try to sell the house ; that the leases delineate the occupancy requirements ; and that an extension of the special approval is requested as stated in their letter . Chairman Francese asked if there were any objections from the Board members and noted also that no one appeared in opposition to this request . Mr . Bonnell stated that the McFalls have complied with the requirements of the granting of the special approval and that he has found no problems with the property . Zoning Board of Appeals 5 September 7 , 1978 ® The Board members present indicated that they had no objections to the extension of the special approval , particularly in light of Mr . Bonnell ' s statement . FINDINGS OF FACT : 1 . That it is in evidence that Mr . and Mrs . Robert McFall , owners of the premises located at 235 Coddington Road , Town of Ithaca Tax Parcel No . 6 - 54 - 7 - 44 , have complied with the provisions of the Special Permit granted by the Zoning Board of Appeals of the Town of Ithaca on September 19 , 1977 , said Special Permit expiring on August 31 , 1978 . 2 . That the Appeal before the Board asks only for an extension of this existing condition . MOTION by Mr . Peter Francese , seconded by Mr . Jack Hewett : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a Special Permit to expire August 31 , 1979 , to Mr . and Mrs . Robert F . McFall to allow for a total of four ( 4 ) unrelated boarders , roomers , lodgers , or other occupants in the two - family dwelling at 235 Coddington Road , Town of Ithaca Tax Parcel No . 6 - 54 - 7 - 44 , said Special Permit being subject to the condition that the lease for the first two floors ® contains a prohibition against occupancy by more than three ( 3 ) unrelated persons and the upstairs by more than one person , and subject to the further condition that each occupant may have on or near the premises no more than one automobile , said Special Permit hereby granted being an extension of the Special Permit granted by this Board on September 19 , 1977 , and further , that this Resolution include and hereby does include the Findings of Fact hereinabove set forth . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the Public Hearing in the matter of the McFall Appeal duly closed at 8 : 29 p . m . APPEAL OF AMY SUZANNE SOYRING , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF COMPLIANCE FOR LOT SIZE AND NUMBER OF DWELLING UNITS AT 847 TAUGHANNOCK BLVD . , TAX PARCEL NO . 6 - 25 - 2 - 321 ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE XIII , SECTION 67 ; ARTICLE IV , SECTIONS 11 AND 16 ; AND ARTICLE VI . ® Chairman Francese declared the Public Hearin in the above - noted matter dulyopen at 8 : 30 g P p . m . Chairman Francese read Zoning Board of Appeals 6 September 7 , 1978 the Notice of Public Hearing as stated above and presented for the record the Clerk ' s Affidavit of Posting and Publication of said Notice in Town Hall and the Ithaca Journal on August 31 , 1978 and September 2 , 1978 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of subject premises and upon Amy Suzanne Soyring as party to the action . The Appeal Form dated July 14 , 1978 , signed and completed by Amy Suzanne Soyring , was presented and reads as follows : " . . . Having been denied permission to split triplex from total property area . split [ sic . ] 65 x 200 ' depth . [ sic . ] leaving 85 x 2001 + at 847 Taughannock Blvd . , Ithaca , New York . . . in violation of Section ( s ) 7 ( sic . ] . . * PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : 1 . Have buyer , would lose if I did not get permission . 2 . Have financial situation ( College tuitions and medical bills ) which call for selling of roughly z my property . 3 . I find it difficult to manage rental properties and have full time job . I am not sure how to state this , but in looking over , for the first time on my part , I found these errors - - depth of lot is not 85 ' but 160 ' on tax map - - 185 ' by my measurement . Asking ® price was $ 110 , 000 - - cost was $ 135 , 000 + . These figures had been reversed . I also wanted to respond too since Andy had been a Zoning Officer I should have known to apply for a building permit . " [ The last paragraph above , was signed and dated July 27 , 1978 . ] Mrs . Soyring discussed her problems with the Board members noting , among other things , that somehow lesser measurements had been used at all times . Mrs . Soyring presented a map , essentially a site plan , as drawn by her son , Andy Soyring , to which was attached a floor plan of the " Main House " and a floor plan of the " Triplex " . Mrs . Soyring stated that the minutes of previous meetings were correct but the lot size was not correctly stated at the time . She stated that she had her son measure the property and then draw this map - - the frontage on the highway ( Route 89 ) is 1501 , on the beach 1651 , and the depth is 2001 , not 85 ' as in the previous minutes . Mrs . Soyring stated that the triplex has its own septic system and its own well . She pointed out that the proposed split would not create an unusual lot size for Lake property , i . e . , 65 ' x 2001 . Mrs . Soyring noted that the Seaburg lot is 501 . Mrs . Soyring stated that the triplex was a duplex before it became a triplex and , also , the main house was just a single family house . Mrs . Soyring commented that in the midst of all this her husband died and her daughter was ill . Referring to the drawing of the main house , Mrs . Soyring stated that a contractor suggested that two apartments be put in , that is , one in each " house " . Mrs . Soyring stated that Andy ( her Zoning Board of Appeals 7 September 7 , 1978 ® husband ) died in November of 1970 and then in February of 1971 the foundation in the main house went . She noted that at this time there was a single family house on the north side and the south side had two dwelling units . Mrs . Soyring stated that in February the whole of the old part of the main house was gutted and then Nancy ( her daughter ) got sick , at which point she left the area and was gone for three months . It was somewhere in this period that it was suggested to put in an apartment in the duplex . Mrs . Soyring explained all the circumstances and summed up that she would like to sell the triplex and keep the main house . Mrs . Soyring stated that she has had 28 offers for the property - - for the whole property - - but needed a variance for the triplex and the unit in the main house . Chairman Francese stated that , as it exists now , the main house contains two dwelling units - - one large unit and one smaller one - bedroom unit ; the large unit is occupied by Mrs . Soyring , Mr . Bonnell agreed and described the main house such that the size of the two units in relation to each other is 3 / 4 to 1 / 4 or less . Chairman Francese noted that there is , today , a second smaller building on the property which has three units in it and they are all occupied , such that the top two have two bedrooms and the basement has one bedroom . Chairman Francese pointed out ® that the situation which existed in January 1975 still exists and Mrs . Soyring is in violation of the zoning ordinance . Mr . Bonnell stated that there is also a violation of the multiple residence code . Mrs . Soyring pointed out the lot sizes that surround her and also noted the numbers of persons in the house next door - - there are 10 students next door . Mr . King commented that it would certainly make sense for someone to take out an apartment - - if the Town were enforcing the code in terms of the fines allowed for . Mrs . Soyring commented that these buildings on the West Shore are there , adding , only if they burn down will they be replaced in conformance . Mr . Austen stated that he had visited the site . Mr . King stated that he was not sure how this matter is here before the Board since a rehearing can be only upon the unanimous vote of the Board members present . Chairman Francese stated that it was his recollection that there is a time limit of a year in such matters . Chairman Francese asked the Board members if there were any objection to having this Public Hearing at this time . There were no objections stated . Chairman Francese suggested having a new survey drawn because the Board cannot speak with any degree of certainty based on the drawing by Mrs . Soyring ' s son as to the placement of the homes on the lot and their relationship to the neighbors . ® Chairman Francese asked for Board discussion on how they feel about this piece of property , i . e . , 65 ' frontage with the triplex on it . Zoning Board of Appeals 8 September 7 , 1978 ® Mrs . Soyring stated that she knew she was in violation and she did it unwittingly . She stated that it is not a small lot in relationship to the rest of the properties and these places will continue to be there . Mrs . Soyring stated that she has lost 28 offers and it is frightening not to be able to sell this property . Chairman Francese asked Mrs . Soyring if she felt that the selling of this property would not be a detriment to the neighborhood . Mrs . Soyring responded that she did not think it would be a detriment to the neighborhood . Mrs . Soyring stated that the property is fancy ; it does not lend itself to student housing ; it is very nice . Mr . Hewett stated that it is a very sticky problem , commenting that the Board has been through this before . He stated that he agreed that people are not going to change along the Lake , however , the precedent bothered him because of those the Board has turned down . Mrs . Soyring stated that over - occupied properties have been sold on the Lake and nobody has had a problem except her . Mr . Bonnell stated that the Town is investigating that area for those in violation as to numbers of occupants . Mrs . Soyring stated that the rent in the triplex is $ 185 . 00 , plus two times $ 215 . 00 . Mrs . Soyring stated that she has three children in College - one at Princeton ( Andy ) , plus two others in college . ® Chairman Francese stated that he did not have a problem with the frontage for either lot , adding that this Board has granted frontage variances . He stated that there is also a side yard variance necessary , probably , for the deck around the triplex . Chairman Francese stated that if there were two small lots with two units on each , he would have no problem . Mrs . Soyring stated that if this lot were split , there would be six spaces for parking off the street , which is unusual . Mr . King stated that he really did not see how the Board can go any further , or even as far as suggested by the Chair . Chairman Francese stated that he was speaking only for himself , adding that this Board has granted variances . Mr . King asked Chairman Francese if he would say that Mrs . Soyring makes eminent sense and logic but it does not allow the Board to change the status . Chairman Francese said that , to him , this is an unusual situation and warrants unusual consideration . Mr . King stated that , on the other hand , the Board cannot expect Mrs . Soyring to expend large amounts of money . Mrs . Soyring stated that she has to move the triplex septic system , adding that each dwelling has its own septic and water system . Mrs . Soyring also pointed out that the septic system for the triplex encroaches upon the other proposed lot . Both Chairman Francese and Mr . King suggested that Mrs . Soyring could grant an easement to the proposed lot for the triplex property . ® Mrs . Soyring stated that she thought she has a possibility for a buyer and added that she missed one potential buyer because the Zoning Board of Appeals 9 September 7 , 1978 public hearings notice was only half printed by the Journal and her appeal had to be rescheduled . After lengthy discussion , the Board decided that it would visit the site . Mrs . Soyring stated that the members were welcome at any time . It was agreed that the Board members and the Secretary would visit Mrs . Soyring ' s property on Friday , September 8 , 1978 , at 5 : 30 p . m . MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : RESOLVED , that the Public Hearing in the matter of the Soyring Appeal in re property located at 847 Taughannock Blvd . , Town of Ithaca Tax Parcel No . 6 - 25 - 2 - 32 , be and hereby is adjourned sine die . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the Public Hearing in the matter ® of the Soyring Appeal duly adjourned . ADJOURNMENT Upon Motion , the Chair declared the September 7 , 1978 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 10 : 00 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Peter K . Francese , Chairman