Loading...
HomeMy WebLinkAboutZBA Minutes 1983-01-19 TOWN OF ITHACA ZONING BOARD OF APPEALS JANUARY 19 , 1983 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , January 19 , 1983 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Vice Chairman Jack D . Hewett , Joan G . Reuning , Edward W . King , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Karl Ponchalek , Ruth Topley , William Topley , Laura Holmberg , Richard Berggren , Lucia Armstrong , Vice Chairman Hewett declared 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 for each of the matters before the Board , in Town Hall and the Ithaca Journal on January 11 , 1983 , and January 14 , 1983 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice of Public Hearings upon the Commissioner of Planning for Tompkins County , the various neighbors of the properties in question , and upon the Appellants , as parties to the actions , on January 11 , 1983 . APPEAL OF MARJORIE P . MARKELL , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF OCCUPANCY FOR PREMISES UPON WHICH IS LOCATED A SINGLE FAMILY RESIDENCE WITH ATTACHED CARPORT RESULTING IN A SIDE YARD LESS THAN TEN FEET , AT 15 HILLCREST DRIVE , TOWN OF ITHACA TAX PARCEL N0 . 6 - 26 - 4 - 20 , ITHACA , N . Y . CERTIFICATE IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 7 : 40 p . m . and read aloud the Notice of Public Hearing as published and as noted above . The Appeal Form dated January 5 , 1983 , signed by Marjorie P . Markell , reads as follows : " The residence on this property with carport was constructed not later than 1956 . We do not have the exact date . It is the last house on the west side of Hillcrest Drive at ' the terminus of Hillcrest Drive . The presence of the carport does not adversely affect use of the adjoining property ( Candlewyck Apartments ) nor does it limit the use of the property nor interfere with access to the rear of the property . Because of the location of the residence on the lot and set - back requirements in the deed , it would be expensive and difficult to remove the carport and replace it so that it would be both useful and comply with the zoning ordinance . The carport is incorrectly labeled as a Zoning Board of Appeals 2 January 19 , 1983 " garage " on the attached survey . " Vice Chairman Hewett asked if anyone cared to speak to this matter . Attorney Laura Holmberg spoke as Agent for Marjorie P . Markell , Mrs . Holmberg stated that there is nothing immediately adjacent to this house ; the adjoining property north is Candlewyck Apartments ; it is the last house on the west side at the end of Hillcrest Drive , Mrs . Holmberg stated that she did not know exactly when the carport was built , however , she did know that Marjorie Markell moved into the property in 1970 and the carport was there then . She stated that the carport does not pose any problem for anyone and all other requirements have been met . Mr . King noted that the carport is closest to the north property line and asked how many feet it was from the north line . Mrs . Holmberg responded that it was 5 . 2 ft . at the northeast corner and 4 . 9 ft . at the northeast corner ; thus , the carport is generally 5 feet from the north property line . She referred to the survey map , prepared and sealed by George Schlecht , P . E . , P . L . S . , and dated 12 / 82 , of the Markell property as she spoke . Mrs . Holmberg stated that the owner to the north is Candlewyck Apartments and theirs is a large tract of land with the apartments far north of the line . Mr . King asked if she had any idea how far north it was . Mrs . Holmberg indicated that she did not know , commenting that it was not close . Mr . King noted that •' the survey indicates a turn- around for the Markell property which extends into the Candlewyck property . Vice Chairman Jack Hewett asked if there were anyone present who wished to speak for or against this matter . Mr . Richard Berggren , 119 Williams Glen Road , spoke from the floor and stated that he owns considerable property across from Mrs . Markell ' s property and that he had no objections whatsoever to her request to have the carport in this location , adding that he saw nothing wrong with it . Mrs . Reuning verified the location of this site , commenting that she lived at the corner property at one time . Mr . King stated that , under Section 14 , a garage must be 10 feet from side property line and this one was between 4 . 9 to 5 . 2 feet from that line . MOTION by Mr . Edward W . King , seconded by Mrs . Joan G . Reuning0 WHEREAS , it appearing that no property owner in the vicinity of 15 Hillcrest Drive appears to be harmed by the existense of this carport approximately five feet from the north property line and no objection having been made ; THEREFORE , BE IT RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance Zoning Board of Appeals 3 January 19 , 1983 from the requirements of Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance which requires a ten - foot side yard for the placement of a garage , to run with the subject property , Town of Ithaca Tax Parcel No . 6 - 26 - 4 - 20 , known as 15 Hillcrest Drive , Ithaca , N . Y . , to permit the carport to remain in its present location which is approximately 4 . 9 feet to 5 . 2 feet south of north line of the property , and FURTHER RESOLVED , that such grant of variance permits the Town of Ithaca Building Inspector to issue a Certificate of Occupancy for said property pursuant to Article XIV , Section 76 , of said Ordinance . There being no further discussion , the Vice Chairman called for a vote . Aye - Hewett , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the matter of the Markell Appeal duly closed at 7 : 45 p . m . APPEAL OF KARL PONCHALEK , APPELLANT , FROM THE DECISION OF THE . BUILDING INSPECTOR DENYING PERMISSION FOR THE OCCUPANCY OF A SINGLE FAMILY RESIDENCE BY A FAMILY PLUS THREE UNRELATED PERSONS , AT 1410 SLATERVILLE ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 58 - 2 - 40 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 2 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 7 : 45 p . m . and read aloud the Notice of Public Hearing as published and as noted above . The Appeal Form dated January 9 , 1983 , signed by Karl Ponchalek , reads as follows : " On June 21 , 1982 , my wife and I purchased the above mentioned house . Approximately one month later , we were separated . She moved to another location while I remained at 1410 Slaterville Road . Although the mortgage had been managed by two contributors , I was unable to maintain all of the house related expenses myself . Three months after the purchase of the house , I accepted three Cornell students as housemates . Only after I spoke to Mr . Cartee regarding another matter , did I discover that I was in violation of a zoning ordinance . Two significant problems would arise if this appeal is refused . The expenses inherent in separation , divorce , and respective financial settlements ; in addition to the cost of • managing a large home , are overwhelming . The loss of any income at this time would jeopardize my ability to keep my home . Secondly , termination of the commitment I have made to any of my Zoning Board of Appeals 4 January 19 , 1983 • housemates would cause hardships encompassed in locating and moving to a new residence in the middle of an academic year . Our agreement expires on August 1 , 1983 . " Mr . Hewett invited Mr . Ponchalek to appear before the Board and state his Appeal . Mr . Karl Ponchalek summarized what he had written and submitted to the Board by saying that about six months ago his wife and he had purchased this house at 1410 Slaterville Road and then they had separated . He stated that he found himself solely responsible for the house mortgage payments and approximately two months later he could not carry the payments in addition to other household expenses and therefore advertised for tenants . He stated that at that time , he was unaware of the zoning laws . He stated that he contacted Mr . Cartee about a building permit and it was then that he realized he was in violation of the ordinance . Mr . Ponchalek stated that he plans on putting in an apartment in the third floor attic and will rent the downstairs so will not have a conflict . Mr . Hewett asked what type of lease Mr . Ponchalek had with his tenants and how long it would run . Mr . Ponchalek responded that it was an oral lease and was in effect until August 1 , 1983s • Mr . Hewett asked if they were students . Mr . Ponchalek stated the tenants were all Cornell students , one undergraduate , one graduate , and one part - time student . Mr . Hewett asked if they would be leaving at the end of the semester . Mr . Ponchalek stated that he did not know , really , adding that he did not think the tenants had any definite plans after graduation but that they were probably staying in the Ithaca area . Mr . Ponchalek stated that at least one of them is willing to make other plans . Vice Chairman Hewett asked if there were anyone present who wished to speak for or against the matter before the Board . No one spoke . Mr . Hewett read the following letter dated January 14 , 1983 , from Frank R . Liguori , Tompkins County Commissioner of Planning , written to Mr . Cartee : " RE : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law . CASE : Use Variance Appeal of Karl Ponchalek at 1410 Slaterville Road ( State highway ) Dear Mr . Cartee : This will acknowledge the receipt of the proposal for review • under Section 239 -m . The proposal , as submitted , will have no significant deleterious Zoning Board of Appeals 5 January 19 , 1983 • impact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " Vice Chairman Hewett told Mr . Ponchalek that the Board would not like to put people out in this weather . Mr . Hewett explained to Mr . Ponchalek that the Building Inspector , Mr . Cartee , could monitor this situation between now and August 1 , 1983 , at which time the premises , it would appear , would be in compliance . Mr . Hewett stated that the Board understands that he did not act with malice and that he was ignorant of this existing law . Mr . King asked Mr . Ponchalek if he understood the occupancy rules now . Mr . Ponchalek responded , yes . Mr . King asked Mr . Ponchalek if he intended to bring the premises into compliance with the ordinance by the end of July , 1983 . Mr . Ponchalek stated that he did , adding , before that actually . Mr . Ponchalek stated that the house is a very large house with four bedrooms and was built prior to 1900 . Mr . King asked Mr . Cartee if there had been any problems with parking with respect to this property . Mr . Cartee responded , no , adding that he would never have noticed anything except that someone mentioned the matter to him . He said that the property is on approximately two acres and is well hidden from any adjacent property . Mr . Hewett commented that a 2 - acre parcel offers ample parking space . Mrs . Reuning inquired when Mr . Ponchalek anticipated completion of the attic , to which Mr . Ponchalek replied , April or May . MOTION by Mrs . Joan G . Reuning , seconded by Mr . Edward W . King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the matter of the Karl Ponchalek Appeal to the September 1983 meeting of said Board of Appeals with the understanding that the property in question will be in compliance with the requirements . of the Town of Ithaca Zoning Ordinance by the end of July or early August , 1983 . There being no further discussion , the Vice Chairman called for a vote . Aye - Hewett , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the matter of the Ponchalek • Appeal duly adjourned at 7 : 58 p . m . APPOINTMENT OF TWO ZONING BOARD OF APPEALS MEMBERS TO THE CODES . ZoningBoard of Appeals 6 January 19 , 1983 • ORDINANCES COMMITTEE OF THE TOWN BOARD FOR 1983 . MOTION by Mr . Jack D . Hewett , seconded by Mrs . Joan G . Reuning * RESOLVED , that the Town of Ithaca Zoning Board of Appeals recommend and hereby does recommend to the Town Board the appointment of Messrs . Henry Aron and Edward W . King to the Codes and Ordinances Committee of the Town Board for 1983 to serve as the Zoning Board of Appeals representative thereon . There being no further discussion , the Vice Chairman called for a vote . Aye - Hewett , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . APPEAL OF RUTH TOPLEY , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR BUILDING PERMIT FOR A TWO - FAMILY DWELLING ON AN EXISTING LEGAL NON - CONFORMING LOT , AT 246 PENNSYLVANIA AVENUE , TOWN OF ITHACA TAX PARCEL NO . 6 - 54 - 7 - 19 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE XIII , SECTION 57 , OF THE TOWN OF ITHACA ZONING ORDINANCE . • Vice Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 8 : 01 p . m . and read aloud the Notice of Public Hearing as published and as noted above . The Appeal Form dated January 7 , 1983 , signed by Ruth Topley , reads as follows * " We would like to build a family home on Pennsylvania Avenue . To make this financially possible we need an apartment to help subsidize the mortgage payments . With today ' s high interest and taxes , it would be impossible without the apartment . We are also prepared to make off - street parking . " Vice Chairman Hewett invited Mr . and Mrs . Topley to appear before the Board and explain their Appeal . Mr . William Topley explained that they would like to build a house up there so that they would be able to afford to have one and that he planned on building to all codes and ordinances except for the apartment . Mr . King asked if they were asking for permission to construct a two - family dwelling since , according to the ordinance a single - family dwelling is permitted on a legal non - conforming lot . Mr . Topley responded , yes . Mr . King asked if there were • houses on the lots on eithersideof the property . Mr . Topley stated that there was one the Eastman house was on the north -westerly side . Mr . King asked about the corner lot , with Zoning Board of Appeals 7 January 19 , 1983 Mr . Topley responding that it is a vacant lot owned by Sam • , Bonanni . Mr . King indicated that he was not clear as to the character of the neighborhood and asked Mr . Cartee if there were multiple dwellings in the area . Mr . Cartee responded that this Board has allowed multiple dwellings up there . Mr . King asked if the Topleys had submitted a plot plan with a building permit application . Mr . Cartee stated that they had not made application for building permit at this time , nor submitted a plot plan , but that he had advised them that any proposed dwelling could be no wider than 30 feet in order to be within the confines of the 10 - foot side yard requirements . Mr . Cartee pointed out that the lot is 50 ' x 120 ' - - 6 , 000 square feet , rather than the 9 , 000 sq . ft . as required in R- 9 , however , it is a legal non - conforming lot , being a part of the Ithaca Land Company Tract dating from 1895 . Mr . Cartee commented that there was nothing behind the property ; the rear of the lot backs up to the old Railroad bed . Mrs . Topley stated that they had owned this property for seven years . Mr . Cartee stated that Mr . Aron had asked him to check with owners to see if there were any covenants or restrictions running • with the land . Mr . Cartee stated that he did so and they have stated that they have no knowledge of any such covenants in their deed . Mr . Cartee stated again that he had advised them of the . side yard requirements . Mr . King asked Mr . Cartee if he had any objections or problems with having a two - family dwelling in this area . Mr . Cartee stated that he did not so long as the yard requirements are met and proper parking is provided . Mr . Cartee pointed out that the two - family dwelling would have to be built in an up and down configuration . Ms . Reuning asked how large the apartment would be . Mr . Topley responded that it would be two - equal size dwelling units , built on a slab because of the rock . Mr . King pointed out that the ordinance does not permit equal - sized units except under certain circumstances . Mr . King quoted from Article III , Section 4 , paragraph 2 , of the Town of Ithaca Zoning Ordinance , as follows : " A two - family dwelling , provided that the second dwelling unit shall not exceed 50 % of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area , it may exceed 50 % . " Mr . King explained that building an apartment the same size Zoning Board of Appeals 8 January 19 , 1983 • as the main unit is not permitted . He asked if the property were on a slope . Mr . Topley responded that it was not , he would be building on a slab because of the extent of the rock on South Hill . Mr . Hewett noted that the problem is that there is rock in this area , adding that this is a problem with which everyone is familiar . Mr . King asked the Secretary if letters had gone out to all neighbors in this area . Mrs . Fuller read aloud the names of all the people who had received notice of this Appeal - - Bonanni , Eastman , Ralph Iacovelli , Rosica , James Iacovelli , Philips , Baker , Commissioner Liguori , and Topley . Mr . Cartee stated that Mr . Bonanni had called him and told him that he had received Notice and added that he ( Cartee ) had explained to him what it meant . Mr . Cartee stated that Mr . Bonanni had indicated that he had no objections ; he was just calling to get information . The Board indicated its agreement that it would appear , by his absence , that Mr . Bonanni had no objections to the request for variance . MOTION by Mr . Edward W . King , seconded by Mrs . Joan G . Reuning0 • RESOLVED , that , in view of the fact that there is a problem with rock in the Pennsylvania / Kendall Avenue area of South Hill , as well as other areas of South Hill , such that there is difficulty in creating a basement in the proposed dwelling unit , and , in view of its isolation , and , in view of there appearing to be no opposition to this appeal and , therefore , it would appear to be a special situation , the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a use variance from the requirements of Article XIII , Section 57 , of the Town of Ithaca Zoning Ordinance to permit the construction of a two - family dwelling on a legal non - conforming building lot at 246 Pennsylvania Avenue , Town of Ithaca Tax Parcel No . 6 - 54 - 7 - 19 , together with an area variance from the requirements of Article III , Section 4 , paragraph 2 , of the Town of Ithaca Zoning Ordinance to permit such two - family dwelling to contain two dwelling units of equal size , as applied for , provided that all other other requirements of the Ordinance are complied with . There being no further discussion , the Vice Chairman called for a vote . Aye - Hewett , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the matter of the Topley Appeal duly closed at 8 : 15 p . m . t Zoning Board of Appeals 9 January 19 , 1983 ADJOURNMENT Upon Motion , Vice Chairman Hewett declared the January 19 , 1983 , meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 15 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Jack D . Hewett , Vice Chairman . •