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HomeMy WebLinkAboutZBA Minutes 1989-05-10 FILED TOWN OF ITHACA pq • Date TOWN OF ITHACA Clerk ! 3 ZONING BOARD OF APPEALS MAY 10 , 1989 A regular meeting of the Town of Ithaca Zoning Board of Appeals was held on May 10 , 1989 at the Ithaca Town Hall , 126 East Seneca Street , Ithaca , New York . PRESENT : Chairman Henry Aron , Edward Austen , Joan Reuning , Edward King , Building Inspector/ Zoning Enforcement Officer Andrew Frost , Town Attorney John Barney . ABSENT . Eva Hoffmann . ALSO PRESENT : Richard Lane , Robert Boote , Paul Jacobs , Linda Jacobs , Nicholas Barra , Slade Kennedy , Jr . The public meeting was opened at 7 : 00 p . m . Chairman Aron stated that all posting , publication , and service by mail of the public hearings had been completed and that proper affidavits of same were in order . The first item on the agenda was the following . APPEAL OF EVELYN AND RICHARD LANE , APPELLANTS , REQUESTING VARIANCE FROM THE REQUIREMENTS OF ARTICLE V , SECTION 19 , PARAGRAPH 2 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT AN AREA EXCEEDING 200 SQUARE FEET TO BE USED IN CONJUNCTION WITH A CUSTOMARY HOME OCCUPATION LOCATED AT 333 WEST KING ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 37 - 1 - 27 . 2 , RESIDENCE DISTRICT R- 30 . Chairman Aron read the Appeal as submitted by Mr . Lane . Mr . Lane explained to the Board of Appeals that the building where the manufacturing of his wood crafts takes place is separate from the gift shop area , thus he needs a variance to be able to operate his home business . Mr . Frost referred to the plot plan and the floor plan that were submitted for this appeal , attached hereto as Exhibit # 1 . " He stated that the interior portion of the gift shop , as he determined it , is 200 square foot . The area of the woodworking building is 39 ' by 291 . Chairman Aron read a letter into the record from Christiann • Dean , to Mr . Frost , dated May 3 , 1989 , attached hereto as Exhibit # 2 . Chairman Aron opened the public hearing . No one appeared . Town . of Ithaca Zoning Board of Appeals May 10 , 1989 2 Chairman Aron closed the public hearing . Mr . King stated that he has visited the site and he was concerned about the wood that is piled around the barn area . Mr . Lane responded that that wood is going to be put under cover . Mr . King said that the area where that wood is stacked does have to be cleaned up because it is visible from the roadway . Chairman Aron asked Mr . Lane if he understands that if the Board feels that he should have the variance , it will be expected that the area that Mr . King referred to will have to be cleaned up . Mr . Lane responded that he realizes that . It is because the weather has been so bad that this has not been taken care of . Ms . Reuning made the following motion . RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant to Mr . Richard Lane a variance to use the barn for his customary home occupation with the following conditions ; 1 . That the area be cleaned up and made more presentable around the barn ; and be it further RESOLVED , that the variance be granted for a period of three years and that this variance is granted to permit the use of that barn in conjunction with the shop even though the total square footage of the areas exceeds the 200 square feet . Mr . Austen seconded the motion . A vote on the motion resulted as follows : Ayes - Reuning , Austen , King , Aron . Nays - None . The motion was carried unanimously . The next item on the agenda was the following . APPEAL OF ROBERT A . BOOTS , APPELLANT , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS , PURSUANT TO ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE 16 ' X 23 ' ENLARGEMENT AND EXTENSION OF A NON - CONFORMING GARAGE LOCATED AT 662 CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 49 - 1 - 15 , RESIDENCE DISTRICT R- 30 . SAID GARAGE IS 7 . 7 FEET FROM THE SOUTH SIDE PROPERTY LINE , A 15 - FOOT SIDE YARD SETBACK BEING THE REQUIREMENT UNDER ARTICLE V , SECTION 21 , OF THE TOWN OF ITHACA ZONING ORDINANCE . • Town of Ithaca 3 Zoning Board of Appeals May 10 , 1989 Mr . Boote addressed the Board and passed out photos of the garage . He also handed out copies of a letter to the Board , dated May 2 , 1989 and signed by Mr . Theodore J . Fowler and himself , attached hereto as Exhibit # 3 , Mr . Boote stated that his garage is at this time a 2 - car garage , approximately 23 ' by 231 . He said that he owns 4 cars , one of which is an antique that he is rebuilding and restoring . He explained his proposed addition to the garage and referred to his Appeal and survey map , which are attached hereto as Exhibit # 4 , Mr . Boote stated that it is impractical to go either to the left or to the right with his addition to the garage so he is requesting to go out the back of the garage , to make it one bay deeper to allow room for two more cars . Chairman Aron referred to the 7 . 7 ' side yard deficiency and asked Mr . Boote if he built the house . Mr . Boote replied no , that as he understands it the garage was built in the late 1940 ' s and the house was built in 1955 , The previous owners lived in the garage before the house was built . Chairman Aron asked Mr . Boote if there is any way he can go to the side of the existing garage . Mr . Boote responded that the septic tank is between the house and the driveway ; that would be one problem and the other problem is that there is a small addition built onto the garage , which is used for storage , also there is a pedestrian door which would have to be torn off . The roof line of the garage is such that it would not be conducive to going out to the side . Chairman Aron asked Mr . Boote if he could build a garage at the back of the house . Mr . Boote said that anything is possible but it would be impractical . Chairman Aron asked Mr . Boote to explain to the Board why that would be impractical . Mr . Boote said that the main entrance to the house is the back door , currently . Also if he were to do that , it would be using up a good portion of his backyard and it would be awkward to drive a car into that area , Mr . Austen asked Mr . Boote how he would utilize this extension if it is built . He asked if the garage doors that are there now are what would be used or if there would be an outlet from the back of the garage . Mr . Boote replied that there would be no outlet from the back of the garage , that the back of the garage would be used strictly for storage space . Chairman Aron opened the public hearing . No one appeared . Chairman Aron closed the public hearing . • Town of Ithaca 4 Zoning Board of Appeals May 10 , 1989 Chairman Aron asked Mr . Boote how many vehicles he will have there at any given time . Mr . Boote replied that there would be 4 cars stored in the garage . At the present time he is able to store only 2 vehicles . In answer to Chairman Aron ' s question about owning 4 vehicles , he satid that in a sense he is a collector . Ms . Reuning asked if the addition will have windows and doors . Mr . Boote responded that there will not be any additional doors ; just the two garage doors that are there now , and the pedestrian door that is there . There would be 2 additional windows ; one on each side of the addition and it would be designed and built so it would match up with the existing garage . The addition would be sided with vinyl siding so it will match what is there now . Chairman Aron stated that he cannot understand why Mr . Boote can ' t have the garage built beside the other one in the vicinity of his house . Mr . Boote replied that for one thing , if he builds a completely separate garage , the cost is going to go way up . Chairman Aron remarked to Mr . Boote that he didn ' t say that to • the Board , did he . Mr . Boote replied no , he didn ' t . Chairman Aron stated that the reason he is saying this is because there is so much land there , that it is feasible to put the garage in a place where he has free land and still can get into it with those 2 cars . Mr . Boote replied that it is possible but he would not say that it would be the best choice . Chairman Aron said that the Board is talking about a variance , not a financial hardship and the feasibility is that this could be done rather than what Mr . Boote is proposing . Mr . Boote responded that it is possible . However , he would not say that it is feasible . For one thing , he would not want a 4 - car or a 2 - car garage built separate from the existing house and the existing garage . His preference is for what he has asked for . Discussion followed on the feasibility of building , a separate garage as compared to adding to the one that is there now . Mr . King stated that it is not just the matter of the cost , the extension as Mr . Boote has proposed it mitigates the impact of the entire thing rather than putting 3 buildings on the lot . If it is still confined to two , it leaves room for him to expand his house to the rear if he should want to . Ms . Reuning said that aesthetically it would be better to have 2 buildings than 3 . ® Mr . King stated that really the only variance is that he is closer than the permitted distance to the lot line but that has existed that way for sometime . There is no ordinance that he knows of that dictates the size garage a person may have . Mr . Town of Ithaca 5 Zoning Board of Appeals May 10 , 1989 King also said that the person who is impacted most by this , the neighbor Mr . Fowler , has given the Board a signed statement that he approves of this addition . Ms . Reuning asked if Mr . Fowler is planning on building there on his lot . Mr . Boote replied that Mr . Fowler does own a house there . There is a vacant lot between Mr . Fowler ' s house and his house , and Mr . Fowler does not plan on building on that vacant lot . Town Attorney Barney referred to the photos of the garage and asked Mr . Boote is he is proposing to put siding all the way around the garage . Mr . Boote responded yes , the back side of the garage would be halfway below grade , the backyard would be back filled 4 ' - 51up the back wall of the addition and above that it would be sided . Mr . King made the following motion . RESOLVED , that the Town of Ithaca Zoning Board of Appeals authorize and hereby does authorize the extension of Robert A . Boote ' s non- conforming garage by 16 ' x 23 ' to the rear , that is , southwest , with the following findings : 1 . That the southerly line of the extension will also be only 7 . 7 ' from the south lot line adjacent to the property of Mr . Fowler ; 2 . That Mr . Boote ' s proposal presents a minimal visual impact upon the neighborhood , 3 . That the existence of original garage within 7 . 7 ' of the south line has continued for many years ; 4 . That the extension will not significantly increase any problem with that , particularly in view of the fact that Mr . Fowler has given the Board a written statement that he has no objections to the proposal . 5 . That because of the location of the septic system , and the other structures presently on the premises , there are practical difficulties in placing the building in a different location . Mr . Austen seconded the motion . A vote on the motion resulted as follows : Ayes - Aron , King , Austen , Reuning . Nays - None . The motion was carried unanimously . • Town of Ithaca 6 Zoning Board of Appeals May 10 , 1989 The next item on the agenda was the following . APPEAL OF PAUL JACOBS , APPELLANT , REQUESTING VARIANCE FROM THE REQUIREMENTS OF ARTICLE XIII , SECTION 59A , PARAGRAPH a ) , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE PLACEMENT OF A SATELLITE DISH ANTENNA , 10 FEET IN DIAMETER , ON THE ROOF OF THE SINGLE- FAMILY DWELLING LOCATED AT 182 CALKINS ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 33 - 2 - 1 . 2 , RESIDENCE DISTRICT R- 30 . SAID ORDINANCE PERMITS ONLY A FREE - STANDING DISH ANTENNA WITH A DIAMETER OR HEIGHT OF 15 FEET OR LESS . Chairman Aron read the appeal and requested Mr . Paul Jacobs to explain his reasons for this request . ( Appeal is attached hereto as Exhibit # 5 . ) Mr . Jacobs stated to the Board that he has a 5 acre lot that is totally surrounded by woods and there was no other place to locate the satellite dish so he had it installed on the roof as is shown in the photos that are before the Board of Appeals . Chairman Aron asked Mr . Jacobs if he knew he had to have a variance granted to install that satellite . Mr . Jacobs replied that he did not even know he had to have a permit . The installer had told him it was not necessary and he did not bother to check . Consequently , when Mr . Frost came to the property to do the certificate of occupancy on the house , there it was and here he is before the Board . Chairman Aron read a letter into the record addressed to the Town of Ithaca Zoning Board , from Bruce A . Vanek , Satellite Consultants , dated May 5 , 1989 , attached hereto as Exhibit # 6 . Chairman Aron asked when the satellite dish was installed . Mr . Jacobs replied that it was installed in the first week of December 1988 . Mr . Frost referred to the photos that were presented to the Board and explained that the satellite is mounted to the side wall of the house . He stated that with modular housing , the building comes in sections and the side bracket is connected to the 2 by 10 ' s that actually join the sections of the building . Chairman Aron asked Mr . Frost if any federal regulations govern those dishes . Mr . Frost replied , perhaps . He then referred the question to Town Attorney Barney . Town Attorney Barney stated that apparently there is a Federal Communication Commission rule and regulation which purports in part to pre - empt local zoning of earth stations . He Town of Ithaca 7 Zoning Board of Appeals May 10 , 1989 read the following : " The State and local zoning or other regulations that differentiate between satellite receive - only antennas and other types of antenna facilities are pre - empted unless such regulations ( a ) have a reasonable and clearly defined health , safety or aesthetic objective , and ( b ) do not operate to impose unreasonable limitations on or prevent reception of satellite delivered signals by receive - only antennas or to impose costs on the users of such antennas that are excessive in light of the purchase and installation cost of the equipment . " Atty . Barney stated that in view of that language he thinks the Town ' s regulations probably are not pre - empted by the Federal Communications because ours ( 1 ) are related basically to aesthetics , which is permitted and ( 2 ) the Town does not impose unreasonable conditions ; the requirement , for example , that a certificate be obtained for a house mounted antenna . Atty . Barney advised the Board that they can proceed with Mr . Jacobs ` application in the context of assuming that the Town ' s ordinance is what governs it . Mr . Frost stated that the letter that was sent to Mr . ' Jacobs in January actually suggested that it is roof -mounted dish antenna . He guesses in actuality it is not really roof -mounted . He said that the Zoning Ordinance , Article XIII , Section 59A ( f ) , reads that " installation of all roof -mounted dish antennae must be certified by a registered architect or professional engineer . " He stated that as a matter of interpretation , it suggests that it is really not roof-mounted . Mr . Frost further stated that he thinks the intent of the ordinance is to make sure that the structural integrity of the building that this antenna sits on , is the same whether it is on a roof or the side of the house . Chairman Aron asked Mr . Frost if he could tell the Board whether the installation of this antenna would be safe to the wall if there were a wind storm . Mr . Frost replied that recognizing that he is not a registered architect or engineer , he perhaps would prefer not to answer the question . However , from what he knows about modular housing and the point of attachment of the antenna , the structural integrity of the building with the dish attached to the side is probably adequate . Mr . Austen asked what the total height is of the satellite dish above the roof line of the house . Mr . Frost responded that he had considered whether or not we needed a height variance . Under the Town ' s new definition of height which excludes antenna , • so in terms of whether it affects the height of the building , it would be exempt under the current definition . • Town of Ithaca 8 Zoning Board of Appeals May 10 , 1989 Mr . King stated that he had some difficulty with Mr . Jacobs ' statement that he can ' t get good reception because of the woods around his house . He said that his experience is limited but he has seen these dishes installed on the ground and the people received excellent reception . Mr . King remarked that aesthetically he would rather not see these dish antennas on the roof tops of homes . Mr . Austen asked if the installers tried this unit on the ground . Mr . Jacobs replied that they have a meter that they use to spot where the satellite will work . He said that his lot has only 200 ' frontage and in order for it to work anywhere on his lot , it would have had to be right on the edge of the road , or he would have had to cut all the neighbor ' s trees down . To work , satellites have to be pointed in a certain direction , and on his particular lot , there was no place else that it would work ; they had to go up . Chairman Aron opened the public hearing . No one appeared . Chairman Aron closed the public hearing . ® Chairman Aron stated to Mr . Jacobs that he understands signal strength is important to get good reception and the deflection of signals because of trees is possible . He asked Mr . Jacobs if a larger diameter of the dish would have changed the reception if the dish had been installed on the ground rather than on the roof . Mr . Jacobs replied that he relied on the people who sold it to him as to what he needed and what he had to do to make it work . Chairman Aron stated that the Board understands that satellites are not inexpensive . However , Mr . King brought out a good point and he also has seen satellites on the ground , in the woods , and the valley ; some have been as far as 200 ' from the house . He said that this Board has no proof whether this is the best location for Mr . Jacobs to have good reception for the money that he has invested . Mr . Jacobs stated that he really has no idea . The people who installed it used a meter and this is where they suggested it be . Mr . King suggested that it would be helpful if the Board had a statement from the installers in regard to the technical data on the placement of this particular dish . He asked Mr . Frost if ® there is anything on the Building Permit that indicates or warns that satellite dishes might require special consideration . M r . Frost replied not on the Building Permit application . Mr . King said that then when a person comes in with a plan and Mr . Frost • Town of Ithaca 9 Zoning Board of Appeals May 10 , 1989 issues a permit , he does not know whether they are using a dish antenna or not . Mr . Frost replied that is correct . Mr . King stated that maybe the Town ' s forms should be amended so that that would be known . Mr . Frost responded that the point is well taken . Chairman Aron asked if when a dish is being installed on the ground on a concrete slab , isn ' t that a structural thing . Mr . Frost replied that the Zoning Ordinance would consider that as an accessory . If an individual had a regular VHF -UHF antenna on a roof , it would not be regulated . Chairman Aron stated that Mr . King ' s point is well taken and he would say that in order for the Board to grant a variance , it will have to have substantiation as to whether or not the variance is justified and in order to justify the variance , the Board needs proof from somebody who is qualified to submit the proof that there was no other way that this could be handled but on the side of the house and on the roof . ® Chairman Aron suggested to Mr . Jacobs that he contact the installers and get some data stating what the signal strengths were in different locations , or have the person here to address the Board . Chairman Aron suggested that the Board adjourn this matter until such time as they have the data before them to have this issue clarified . Mr . Austen made the following motion : RESOLVED , that the Appeal of Paul Jacobs , requesting a variance to permit the placement of a satellite dish antenna , 10 feet in diameter , on the roof of the single . family dwelling located at 182 Calkins Road , be adjourned until such time as Mr . Jacobs comes back to the Board of Zoning Appeals with written proof as to the validity that the antenna has to be placed where it is . Mr . King seconded the motion . The voting was as follows . Ayes - Aron , King , Reuning , Austen . Nays - None . The motion was carried unanimously . Town of Ithaca 10 Zoning Board of Appeals May 10 , 1989 The last item on the agenda was the following . APPEAL OF NICHOLAS J . BARRA , APPELLANT , REQUESTING VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 11 , PARAGRAPH 2 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT A TWO - FAMILY HOUSE HAVING THE FLOOR AREA OF EACH DWELLING UNIT OF EQUAL SIZE , LOCATED AT 212 EAST KING ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 44 - 1 - 4 . 40 , RESIDENCE DISTRICT R- 15 . SAID ORDINANCE REQUIRES THAT A SECOND UNIT NOT EXCEED 50 % OF THE FLOOR AREA OF THE PRIMARY UNIT . ( Appeal attached hereto as Exhibit # 7 ) Mr . Barra addressed the Board and explained that the original plans called for a partial basement . However , when the bulldozer started digging there , they had water in the northwest corner of the lot . He said that at that time he was not there . His son was in charge and he went ahead and made changes in the plans to compensate for the water . Consequently , unbeknownst to them , they were breaking code and he had no intentional mind to do that . Mr . Barra stated that Mr . Frost was more than fair throughout all the building and all the inspections and so on and he wished to commend Mr . Frost for a job he does very well . Mr . Barra said that he misunderstood the zoning , being new to the area and being that this was the first house he has built in the Town of Ithaca . He apologized to the Board for the Code violation and stated that he had to intention of doing so . Chairman Aron referred to a letter that was sent to Mr . Barra on October 20 , 1988 from Mr . Frost ( attached hereto as Exhibit # 8 ) . Chairman Aron stated to Mr . Barra that according to a note on the letter , he decided on November 30 , 1988 to reduce the size of the lower apartment by 50 % Mr . Barra responded that there was a misunderstanding there . In reading the Code , he interpreted it to mean that it is 50 % up and 50 % down and that was not so , so that was his misunderstanding of the Code . Mr . Frost stated that he is not sure of what Mr . Barra ' s interpretation was . Mr . Barra responded that his interpretation was that you can have equal space up and equal space down , 50 percent of the floor area . Mr . King clarified for Mr . Barra what ® the Code is saying . • Town of Ithaca 11 Zoning Board of Appeals May 10 , 1989 Mr . Frost explained why the November 30 note is on the page . He stated that they had met on the property in October . Mr . Frost explained the problems that there were to Mr . Barra in terms of the floor area of the building . The letter , in part , was written not only to cite the violation but was also in anticipation of Mr . Barra ' s coming before the Zoning Board of Appeals . Mr . Frost said that , in fact , he had him scheduled and then they had a conversation on November 30th during which Mr . Barra stated that he had decided to reduce the size of the lower apartment so that it would be 50 % of the floor area of the upper unit by incorporating part of the lower level floor area for the use of the upper apartment . Thus , the note on the page was just so the record would show what had happened . Then it turned out that with the misunderstanding of Mr . Barra ' s interpretation , it became necessary that he would have to come to the Zoning Board of Appeals . Chairman Aron opened the public hearing . Slade Kennedy , 227 East King Road , addressed the Board . He stated that personally he believes that the home of Mr . Barra is a little large for the lot that it is on in the first place . There are a couple of two - family homes that are 50 % - 50 % at the top of East King Road that are in a multiple residence zoning area . The house under discussion , however , is in an R- 15 area which is subject to the regulations as stated and he really does not think that a two - family home with a 50 up , 50 down exception should be made in this case . Mr . Kennedy said that there is a vacant lot directly across the street from him and he does not see any reason why whoever develops that lot , shouldn ' t come back to the Board and say You gave Mr . Barra a variance and now I want one ' . He said that then he would then have a great , huge two - family home directly across the street from him and he would not like to see that happen . Mr . Kennedy further stated that he believes that Mr . Barra could bring the home into conformance with the regulation and he does not think that granting him a variance is the proper message to be sending to the rest of the developers that are developing properties around South Hill . Mr . Kennedy remarked that the Edwin Hallberg variance for his height requirement is a primary example right in that neighborhood . Chairman Aron said that the Board is not talking about Deer Run , that we are talking about this case . Mr . Kennedy responded that he is talking about sending signals to other developers by granting a variance . ® Chairman Aron responded that Deer Run came under the Planning Board and had nothing to do with the Zoning Board of Appeals . The Planning Board has some rules and regulations in regard to cluster subdivision and they can waive the height • Town of Ithaca 12 Zoning Board of Appeals May 10 , 1989 requirement , which is what they did . Chairman Aron stated to Mr . Kennedy that his point has been noted . Mr . Austen asked Mr . Kennedy what he meant when he said the house is too big . Mr . Kennedy replied that he said he felt the house was rather large for the lot , the lot is only 100 ' wide and 200 ' deep . Compared to the other homes in the neighborhood , it is , he believes , the largest facade of any home in that area . Mr . King stated that is his opinion also . Chairman Aron closed the public hearing . Chairman Aron stated to Mr . Barra that he may speak to the matter if he wished to do so . Mr . Barra stated that to verify the water , you can go up there now and look at the basement and you will find that what he is saying is true . There is water at this time in the northwest corner of the building . Chairman Aron responded that it would be up to the builder ® to diversify the water , that is not the Board ' s problem . The Board ' s problem is that he is in violation . Mr . Barra responded that he agrees with Chairman Aron but he wants the Board to know the reason why they had to make the change . He stated that if he does not get a variance , he will have a definite financial hardship . Chairman Aron asked Mr . Barra what he will do if he does not get a variance . Mr . Barra replied that he does not know what he will do . The only thing he could do would be to try to sell it as a one - family home and he doubts if he would . Town Attorney Barney asked Mr . Barra if this home was built for his personal residence or if it was built for speculation . Mr . Barra stated that it was built for speculation . Mr . Barra stated to the Board that there is a problem there that the Board should be aware of and that is that he was asked for an easement for sewer and his attorney advised him not to give an easement on the land . This happened when he bought the lot . Chairman Aron asked if it was the Town of Ithaca that was going to put the sewer there . Mr . Barra responded that his sewer is in the back of his lot and the people across the road wanted an easement across his land to hook onto the sewer in back of his lot . ® Mr . Austen asked Mr . Barra how many bedrooms there were in the basement unit . Mr . Barra replied that there are two bedrooms and a small den . . Town of Ithaca 13 Zoning Board of Appeals May 10 , 1989 Town Attorney Barney referred to the photos and stated that he is still a little puzzled because the pictures show two floors . He asked if there is a basement or something beneath the lower unit . Mr . Barra responded that they had to put a crawl space in because of the water . Atty . Barney stated that when Mr . Barra says that the Board would find water , he means in the crawl space , not in the lower unit . He asked Mr . Barra if that is correct . Mr . Barra replied yes . , Mr . King referred to the elevation map and stated that it looks considerably different from the original plans . Mr . Barra agreed with him and stated that that was because they could not go down as they had originally planned to do . They had to put a crawl space in and go up from there with the floor system . Mr . Frost stated that they first became aware of the problem during the framing inspection that was done in October . Chairman Aron said that he thinks that Mr . King brought out the matter of the windows on the bottom of the house because they look like basement windows . Mr . Barra responded that that is what they were originally going to be until they hit the water . The whole building was going to be 318 " in ground but they could not put it there because of the water problem . Chairman Aron asked Mr . Barra if they didn ' t hit any water when they dug the foundation for the house . Mr . Barra stated that if he had been there , he would probably have checked with Mr . Frost . He would not have proceeded but because the man from Deer Run was there and because of the problems that they had in correlation with his , that is what made them make the decision to do what they did . He stated that he did not want to do it and doing it the way they did cost him between $ 11 , 000 - $ 121000 more for this kind of construction . Town Attorney Barney stated that this is the second situation that has come before this Board in the last 3 or 4 months , where builders have been building in other areas and then they build in the Town of Ithaca , and they end up building a duplex . They start out with it going to be in the ground but then because of problems with grading or water , etc . they end up with a situation where the lower unit is below grade . Atty . Barney stated that it is difficult for the Board of Zoning Appeals to grant variances all the time for this kind of thing , because once the Board starts doing that , as Mr . Kennedy said , all of sudden people build and then they come in and there is ® always a reason why it is built that way . It may be a very Town of Ithaca 14 Zoning Board of Appeals May 10 , 1989 legitimate reason , as Mr . Barra ' s may very well be , and that then raises the question of whether the Town ' s ordinances mean anything . There is a very strong feeling against duplex construction . Mr . Barra stated that if the Board looks at that house and at any of the other houses on the block , they don ' t look any different . He said that the Board can ' t tell him they look any different , maybe this house is a little bit bigger , it is a little bit better , it is better constructed ; there are better materials in it , but they don ' t look any different . Chairman Aron responded to Mr . Barra that the Board is not going to go by looks . The Board is going to go by ordinance requirements which he did not comply with . Mr . Barra replied that he understands that . Chairman Aron stated further that there is another thing that could easily happen and that is since Mr . Barra built this house for speculation , there is no reason , for instance , that two ® big families could not move in there and enlarge the density to the point that it is unbearable for the neighbors . He feels that the Board also needs to consider and look at that . Chairman Aron stated to Mr . Barra that there are two things that have to be looked at . First of all , the mistake was not done by the Town , it was done by him and he cannot ask this Board to rectify . his problems because the Board is not the builders . The builders are the specialists and when they hit water , they should have known what to do with it . Mr . Frost stated that Deer Run , in fact , has full cellars . Water is not a significant factor that should really affect the depth of a basement floor ; there is always a way to divert the water . There are numerous houses up and down that road with basement apartments in them . Chairman Aron asked Mr . Frost if what he is telling the Board is that the water is not the problem ; that there could have been a basement apartment 50 % . Mr . Frost replied that that does not change the dilemma that Mr . Barra is in . By that he means that it could have been dealt with without raising or lowering the elevation of the basement . Mr . Barra stated that they have drain tile around there now ® and there is still water in the crawl space at this time so he cannot agree with Mr . Frost ' s statement . Town of Ithaca 15 Zoning Board of Appeals May 10 , 1989 Mr . Frost said that Mr . Barra could have some water coming up from crevices in the bed rock in that area due to the moving of the earth during the construction . He stated that he will agree with Mr . Barra in that instance . Mr . Frost further stated that although he is not comfortable with the idea , one of the solutions would be to build up the elevation . Add soil and build up the grade , which unfortunately has occurred in other cases to side step the ordinance . Mr . King said that the real problem here is that the ordinance is saying that you can have as large an apartment as compared to the primary if you put it on the ground . That means in effect that the Town does not want the visual impact of a huge two apartment house on that street and what Mr . Barra has done is exaggerate the impact of this house by having the whole thing completely visible . Mr . Barra responded that he drove by there today and checked just for that and he could not see any visible difference . Mr . King said that his reaction to it was that house is too big for that lot ; it bulks too large with the rest of the street . That is his opinion . He further stated that one solution would be to use half the downstairs for the primary apartment or add it to the upstairs so that the second apartment is only 50 % , and the other one is , although it won ' t change the appearance of that house , is take the garage off and put it someplace else to reduce the impact of the frontage . Mr . Frost stated that the thing which the Town ' s Zoning Ordinance doesn ' t technically address is a basement and we have to deal with more than just the front of the house to create a definition g ition b Building Code of the basement . The front of the building , the side of the building , and perhaps a slight portion of the rear of the building , all have to be considered to end up where 50 % of that floor is below grade , which also has the effect of lowering the distance of the floor above to the ground surface , which is the other consideration or interpretation of a floor . If the floor above is within 7 ' or less to the finished grade , then that is considered the first story . Mr . Frost further stated that it is his opinion that if Mr . Barra reduced the floor area of the lower unit or if he built the house originally as a single - family house , aesthetically he has not necessarily changed the bulk of the building . Town Attorney Barney agreed that there is nothing illegal about the bulk of the house . Mr . King stated that by mitigating that , however , one does approach more closely the intent of the Ordinance . Atty . Barney agreed . • Town of Ithaca 16 Zoning Board of Appeals May 10 , 1989 Mr . King made the following motion : RESOLVED , that the Town of Ithaca Zoning Board of Appeals deny and hereby does deny the request for a variance to Mr . Nicholas Barra to permit a two - family house having the floor area of each dwelling unit of equal size , located at 212 East King Road . AND FURTHER RESOLVED , that the Board instruct and hereby does instruct the applicant to come back to the Building Commissioner with some proposals to solve the problem in compliance with the ordinance . Ms . Reuning seconded the motion . The voting was as follows . Ayes - Austen , Aron , Reuning , King . Nays - None . The motion was carried unanimously . The meeting adjourned at 8 : 25 p . m . Exhibits 1 - 8 attached Respectfully Submitted , nn Connie J . Holcomb Recording Secretary APPROVE Henry Aron , Chairman LEGEND NEW YORK STATE PARK LAND H = H O U SE 550 FT. i Re E . LANE 9 . 1 A N THIS AREA TO BE LEFT A-S. IS w Y 0 P 600FT K S T LIFE LEASE ' TO loll D A W, P. SMITH Pata .�ts � s � T ` 330FT. E H �CUNOCCUPIEDD P (3 , As RU A oma•� gooj ` R K Re E . LANE 225 FT. L 30 FT HIGH A NONE BAY PRIVATE DRIVE D 12X 24 FT• 041 D1 LIBERATO G MOP • . �..PA.Y GARAGE 07 ,30 pro ' J. C , LANE - H 31, 75FT. 220 FT. RENTALS 1 � r. 2 � H a@w� SMITH 50Fd E ;,b , " � JUNE 1980 CNDTS) coo I- W r Z PA W z c) s O a O m02 3 U i I • ' U W ( W J ' i m O � j W V) o w cr LLJ V) Q � QD ,Lr z J J Q w ` 4 a c1 0 (. LLJ rr Qo rr F- Qo) �m 0 cc <(D I— W ( - < J LL. C U LL1 J m O �j O i I i I I 3 i --- ujW Q z z p Q l L. Q a OCG �v a Q wOO Z D D73 � m D � i ' I r � i cn m rn 3 M + o v Go I ' D - E D Q0 z o - , o n o ;I m D Cn m n 73 �J m n n ° s Z (I) i r D N ;,'� D �E f_y Nr � May 3 , 1989 Andrew Frost Zoning Enforcement Officer Town of Ithaca 126 East Seneca Street Ithaca , New York 14850 Dear Mr . Frost : We received a notice that Evelyn and Richard Lane , who live across the road from us , have applied for a variance in order to . conduct a " customary home occupation " in an area excee%ding 200 square feet . We consider their small woodworking business an asset to this neighborhood . It presents no problems . My husband and I think that this variance should be granted . Sincerely yours , Christiann Dean cc : Richard and Evelyn Lane 5 / 2 / 89 TOWN OF ITHACA ZONING BOARD To whom it may concern : 1 , Robert Boote , have discussed plans of constructing an addition to the backside of my garage at 662 Coddington Road , with my immediate neighbor , Ted Fowler . The addition will increase the depth of the existing garage by 16 ' , will be the full 23 ' width , and will be a maximum of 14 ' height at the roof peak . The addition will be of concrete block construction , in keeping with the existing structure , and will be vinyl sided to match the existing structure . The addition , as is the existing garage , will be located approximately ® 7 ' from the Fowler property line . Dor . Fowler understands the preceding , and has no objections . Robert Boote "�6W.'h Theodore Fowl X46 '�� 1U1MN OF I IWA FEE : $ 40 . 00 126 East Seneca Street RECEIVED : Ithaca, New York 14850 CASH ( 607 ) 273-- 1747 CHECK , QED ZONING : A P P E A L For Office Use Only to the Building Inspector/ Zoning Enforcement Officer and the Zoning Board of Appeals of the Town of Ithaca , New York ?laving been denied pennisslon to construct an addition onto the rear of my garage because of the proximity o £ the existing garage to the Property line , and because of uning setback regulations in effect at 662 Coddin ton Road ^� Tows of Ithaca Tax Parcel No . 49 - 1 - 15 as shown on the accompanying application and/or plans or other supporting documents , for the stated reason that the Issuance of such permit would be in violation of : Article ( s ) , Sections ) a , of the Town of Ithaca Zoning Ordinance , the UNDERSIGNED respectfully submits this Appeal from such denial and, in support of the Appeal , affirms that strict observance of the. Zoning Ordinance would impose PRACTICAL DIFFICULTIES and/ or UNi+IECESSARY HARDSHIP as follows : (Additional sheets may be ottached as necessary . ) Reference ; Attached . • Signature of Owner/Appellant : �I - Date : Signature of Appellant /Agent , rf � Ala 4' Date f R . Boote 4 / 7 / 89 APPEAL FOR ZONING VARIANCE at 662 Coddington Road , Town of Ithaca I desire to increase the size of my garage to allow storage of all of my vehicles , and also to provide shop workspace to work on these vehicles . The existing garage holds two vehicles , and is located only 7 . 7 ' from the property line . The garage was constructed in the early 1950 ' s , apparently before zoning regulations were in effect . Because of the existing garage design , location , and surrounding terrain , the only feasible way of increasing its size is to remove the back wall , and extend the building out the back , approximately 161 . 1 have discussed the addition with my immediate neighbor , Ted Fowler , on 3 / 27 / 89 , and he has said that the addition would be OK with him . His home sits an estimated 140 feet from the subject pt6perty line . . 3/3o/ 8q goo , o w r I v I I PRoPoSED AD m(* s 16 ' x a,3& 13LON C RUIMON U3 x 23 6q" I NycEO I R . SWM RESipENCE 662 CY�DDiN('ib+�l RD . 5 -ti f TowN of MMACPi r I N goo' WM >KIMM IRD. ;do � v, out SO(/ TI4JEeQS7-. E -94,JI , 00 . N NI. N 1.6 rot3 ~ 1 wf%iIII, o a rS r CIS3 w b Aj IT �r 1V* to CII e� � T rA Lca Q �e � g •e ?. a ib . 0. NMI v h b RL ,�� �•/ �/ T �'� C�o �? a /-�G ]_'� � CdA � �� f I uwnr Ur i I KALA FEE : $ 4a . OO L �yA• &bbS 126 East Seneca Street RECEIVED : 1 - 23 -� Ll Ithaca, New York 14850 �— j CASH ( 607 ) 273 - 1747 CHECK ( 55eToial°) ZONING : 9 -30 A P P E A L For Office Use Only to the Building Inspector/Zoning Enforcement Officer and the Zoning Board of Appeals of the Town of Ithaca, New York Having been denied penniission to at Town of Ithaca Tax Parcel No . as shown .on the accompanying application and/or plans or other supporting documents, for the stated reason that the issuance of such permit would be In violation of : ® Article ( s ) -: Section ( s ) of the Town of Ithaca Zoning Ordinance , the UNDERSIGNED respectfully submits this Appeal from such denial and, in support of the Appeal , affinns that strict observance of the zoning Ordinance would Impose PRACTICAL DIFFICULTIES and/ or UNNECESSARY HARDSHIP as follows : CAdditional sheets maybe attached as necessary . ) .S Signature of Owner/Appellant : Date : Signature of Appellant /Agent : 1111 Ir 0AMO 6 Date : PLOT PLAN INFORMATION TO BE SHOWN : 1 . Dimensions of lot . 4 . Dimensions and location of proposed structure ( s) or 2 . Distance of structures from : or additlon( s ) . • a . Road , 5 . Names of neighbors who bound lot . b . Both side. lot lines , 6 . Setback of neighbors . c . Rear of lot . 1 . Street name and number . 3 . North arrow . 8 . Show existing structures in contrasting lines . IV 1 ��- a- Dy ' I � � � o0s iso � Som o � 1 J -TTWT C Le zy � 61 4 � 5�"A� b l� 63 V Signature of Owner/Appellant . Date . �P SlgnP * # c. r Appel ] ant / Agent : Date : i C� o n Z c • o TOWN OF rr ACA 126 EAST SMWA SIMI • M4ACA, NNW YORK 14UO January 24 , 198.9 Mr . Paul Jacobs 182 Calkins Road Ithaca , New York 14850 Re : Building Permit Application Dear Mr . Jacobs : On 1 - 23 - 89 , you submitted a building . permit application for the placement of a Satellite Dish Antenna - on the roof of your home . A building permit can not . be issued . since the placement is required to be in the rear yard of your property . This is required by . Article V , Section 20 and : Article • XIII , Section 59A ( a ) of the Town of Ithaca ' s Zoning Ordinance . • Furthermore , Article XIII , .Section 59A ( f ) reads , . " The instal - lation of all roof -mounted dish antennae must be certified by a registered architect or professional engineer . " . You have indicated that you wish to pursue this matter through the Zoning Board of Appeals and you have submitted an Appeal App - lication . . Since .the Zoning Boardhearing schedule is filled through March , your 'hearing will be scheduled for April . You will receive a notice of the hearing by mail . Should you have any questions , please feel free to call me . Sincerely , cyaL� Q . Ptxa Laura A . Predmore , Asst . Building Inspector/ Zoning ' Enforcement Officer cc : Noel Desch Henry Aron May 5 , 1989 Town of Ithaca Zoning Board Ithaca , NY 14850 REGARDING * Paul Jacob ' s Satellite Dish Mount To whom it may concern : The custom built mount used on Paul Jacobs satellite TVRO dish is more than adequate for a ten foot mesh dish . We custom built this mount as it is much stronger than mounts available on the market . Enclosed is a copy of mounts currently available . We have been installing satellite dish systems for over 6 years , many with similar applications as Mr . Jacobs and have not experienced any problems . Mr . Jacobs dish has not required any tuning or servicing since its installation . Sincerely , xelsea , zo � Bruce A . Vanek , Owner Satellite Consultants Enclosure BAV : rb cc . Paul Jacobs • �� ft /�8/ T � 6 TOWN OF ITHACA FEE : $ 40 . 00 126 East Seneca Street RECEIVED : II - ZS - 94i Ithaca, New York- 14850 CASH ( 607 ) 273 - 1747 CHECK - (L) • ZONING , A P P E A L For Office Use On ] to the Building Inspector/Zoning Enforcement Officer and the Zoning Board of Appeals of the Town' Ithaca ., New Yo r k Having been denied permission tor-p�of 0 at _� f� �!- , ,� �ti � � Tom of I t haci Tax Parcel No . G / s�— -,0e y � as shown on the accompanyinc application and/or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of , Article ( s ) Section ( s ) of the Town of Ithaca Zoning Ordinance , the UNDERSIGNED respectfully submits this Appeal from such denial and, in support of the Appeal , affirms that strict observance of the Zoning Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows : (Additional sheets may be attached as necessary . ) PIP � = - jx Ile r�t Signature of Owner/Appellant : Date : 5� xe Signature of Appellant / Agent : EY*Ae , Date : . PLOT PIAN I MFORMATI ON TO BE SHOWN . 1 . Cji mens i ons of lot . 4 . Dimensions mens l ons and location of . proposed structure ( s ) or Dis.tance of structures from : or addition ( s ) . • a: Road , 5 . Nares of neighbors who bound lot . & Both side lot lines , 6 . Setback of neighbors . °c . Rear of lot . 7 . Street name and number . 3-0 North arrow : 8 . Show existing structures in contrasting lines . , k N rN c\ C • Signature of Owner/Appellant . ///of I ' / �` Date . Signature of Appellant / Agent : Date : -7"�SY +at. : ;�?._.' :.:. . ..�. . . . ,_.nre-t-- ..._—.;�...;,+ri• --�•yz.-sf,.a„!c..^?4�+?e!s*lrk't sYr. ezr , . . . ,.._.�...-a-. nr.<+m.r :--r^_. _ r . ZO 562 0- 02 '- 41 " 3 0 I i • � � ;;o .. sem . ' ,-..� : . .- �I Q � VC4��� 1 1 //,.S'0 ' O ' ° IN I / i 4(7Food /✓ - - f 11AP REFhWAlcF : ar d rfol. r/NG #flaHrs y L0C•4 71011 t I(/NCS RVA40, 70W* OF 1 XAIAC4 C041H7Y rAX P,4,VCeL /Yo. 44 -i - -v 410 � c \S.�ERED ENCS � Ea oh thA's is ois occur�sh� rrs�,o /n►ads r ' tilt SLATE rTr. J �C i" ro 4 ' r... t • 212 East Ring Road Ithaca , NY 14850 April 10 , 1989 Town of Ithaca Engineering Zoning Board 126 East Seneca Street Ithaca , NY 14850 Gentlemen : As the builder of this dwelling I encountered shale and water both at 4 feet . It was at this point I changed the elevation . I honestly believed I was doing nothing wrong at that time because I wasn ' t changing the floor plan . I also talked with 2 neighbors who encountered water in their cellars . Many Deer Run cellars have water . The idea of having living space with water running in was ridiculous , thus , the change . There was no percolation test done because we had municipal water and sewer , otherwise we would have known . The house does not go over the allowable limit on height . It is in keeping with the rest of the homes on this road . It complies with all the fire codes as a 2 - family dwelling ( i . e . , fire doors , 5 { 8 sheetrock , etc . ) . It is an attractive home , well -built , and enhances the homes around it . Sincerely , Michael Barra m c� ncinvro uv 0f9 -Inam Na w a " < y N mm � Nt� I C o � ap x � c ao a e o a a 0 o ti Pm V ' aw N � � � A xx " wxxxxx x � - V ! ow aam mcolta C � ' 1--1 XX o o SA 1 a N m %%, 1 N m qq f) Z > N N g • D r C 0 (7 A = p 'y , o a Ztmi, �r 15'-2 3/4' 14'-9 1/4! a A2 'mO 77D h CL 3' PIPE COL.. Ln Mo < d � x pop �C 70 C 9'-6' ~ 1 oI c 2'-3 L2' I 5 OI ` I w as - m II .0P E N m ro z o m I II P as II D I I — . � at 3 m ._ -1 O I II I ; A ro I p o J o o I `m 1 a o o I 4 Io I I I I y I LJ I O V m II I O V I 14'-4' t3'-30 L2' S I � u 1 m I Iry '� I n e m rri I - - - - - - - - - qx 7 , r' � I i rax I ml an _ _ �. y II I = .c i r Q ZCI,a ? r.. oy r + I I I I I a11 as I - - - - - - - - - - -, Z .. 3'-6' 6'-0' 77 D _ S a _ m m ' sn +lrlb �ae > • AI7l'7 f1f'! 9N Y99y y < H P N A Z � Nf m. IV Oo y C OwmO x ao a 0 0 a a = 0 0 z, NNfJNVV 41 � , Vaa4/ N - m � CWXXXXPix xxo oox(� a T N - .OPa as N 2 N \ b + 9 � ICU � N a — m Re) OOpZbp Z xx < 1 � . C (7 r7l0 1 � r P 13•-v 13'-2' V-3 1/r s V Q O � v N C+ w r m IR b ❑ 3'-1' O m Z I Do a .D a b b � 00 O P 60 i u En • — P N 1 - V V 1 O 14 F 0 c 15'-7 1/2' 13'-2' V ry j P I N p O I o Om b o CL P 6'-0' o 6'-6' r ri w m N 0 F+ C) He004/ T **7 \ i Z td - a ' m m � I I rrri r to r*i CI] d � tT1 Z N I�1 m m r m G Li D Z N D r n CA) rrI • N � � O e (� II ® ❑ m .�- � r I D II � � z ED m T In z = - w s m wr r*'I tz D 70 N tT� m 1 Z r, l N A N � T t�J X m ` t mN O n c7 9 x C3 9 CA 7a x M D ru W m a J 7 i T � - W a ;TT�o -177) O fJ N A rU X X N i N m r+ td r W � >y .r A c I d cl n tix N r r m C7 r r a � m a T N N S 11 I XXZ O f+ Q1A � w O n m Z x 0EOrrI om ,; ? � 3O m - Ld zmd x r � y � cm)o _ m ti on h O O A ,EX All 47 / T 7 z - . r*i ay r, m z n mN .+ C� A N � X b tz C11 0 a D f7 m s N U Vl O T Ln n o ISM D m w oa a N N 3 ll o X X Z Im T A MID r O A omz OIL x " C3to b N CO 1 Xrl < CD It • PxM Xto Dw o mC O 2 Ml y N c m A A C e1 - N M _ N O131 r >' A z - tz _ T®WN OF ITHACA 126 EAST SIENECA MW RHACA, NEW YORK • 14850 October 20 , 1988 Mr . Nicholas Barra 18 Ladoga Park- Lansing , New York 14882 -Re : 212 - E . King Road , Town of Ithaca Tax Parcel # 6 - 44 - 1 - 4 . 40 Dear Mr . Barra : This letter serves a-sfollow up to our meeting on 1019 - 88 at your . property at 212 E . King Road in, *which we -discussed .the requirements of Article IV Section 11 of the Town of Ithaca Zon - ing Ordinance . Article IV Section . 11 " Use Regulations " . permits the const - ruction and use of a two family: dwelling at 212 E . King Road , " provided that the second dwelling- unit shall not exceed 50 % of the floor area exluding the basement of the primary dwelling unit except where the second dwelling - unit . is constructed entirely within the basement area , it may exceed' 50 % A building permit #3612 , was issued to you for the construction of a two family home , on 6 - 6 - 88 . ; The building plans submitted to my office , as part of the application process , show elevation drawings that provide for a basement apartment with a first story apartment above . The " scale " for the elevation drawings , would appear to be " off . scale." slightly , . probably due to copies that have been made of the original drawings ; : however the basement floor would appear to be scaled to between three and four feet below grade . . On 10 - 18 - 88 I visited the property to perform a " framing inspection " of the home which is currently under construction . During this inspection I observed .the finished grade around the building to be at or below the downstairs apartment floor . This has resulted , by building code definition , in the construction of a two story building , with the absence of a basement level . This has created a violation of Article IV Section 11 of the Town of Ithaca Zoning Ordinance in that you now have a two family home , with each dwelling unit essentially of equal floor area , with neither dwelling unit being classified as " entirely within the basement " . �,.��,�, /�'U�✓�G moo/ Mr . Nicholas Barra October 20 , 1988 Page 2 Enclosed is a Zoning Board of Appeals application form which , as we ' ve discussed , you . should complete and return to my office , in anticipation of a 12 - 14 - 88 . hearing date , in which you would be requesting a variance from Article IV Section 11 of the Town of Ithaca Zoning Ordinance . Should you have any questions please don ' t hesitate to call me at 273 - 1747 . Sincerely , Andrew S . Frost , Building Inspector/ Zoning Enforcement Officer • ASF / lp Enclosure cc : Noel Desch Henry Aron �C.:'wvr .+ya.;my� Tr v,-- • " _ - ' ' .r. �. . t• . t -` '-d' • "»C. 'C `s•'t'`t-moi ry ,. . rAI ., � AYFtD�tti '1 '` PVALJCAf14N�' s.. .. �.. NCO . ZO I TOWN OF ITHACA N NG . � � . ' BOARD OF APPEALS, NOTICE OF PUBLIC HEARINGS , WEDNESDAY , MAY 10, 1989, 7 :00 P. M. By direction of the Chohmo_n of the Zoning Board of Ap t peals NOTICE IS HEREBY I �_' s �' tv � ;r k�� 'Sr GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, May 10, 1989, in Town Hall, 126 East Seneca Street, = (FIRST Floor, REAR Entrance; ' WEST s�= Wt .a . be resides in 1ttacs, Cpurt i f anrete aire ijd and= •- - • - - •--T tt �, Side ), Ithaca, N. Y. , COM- .- MENCING AT 7:00 . P. M. , ' on the following matter.- APPEAL of Evelyn and Richard Lane, Appellants, requesting I ' var nce from the re- TI �TSACA Ot'f'.1/li i' bL : bCr► a IvL1 C aDd p3 1 mems of Article V, Section �19, 1-'--- N - _. Pu_ 'TP _ P� P . __.. . _ . .. _. -. ._ .._ - Paragraph 2, of the Town of _ . .. . _ ... Ithaca Zoning Ordinance, to fir � r�- � � 1. permit an area exceeding 200 _. - square feet to be used in con- 4 that upt -o - or, wbach theaane=ed u a . trv� . junction with a customary ome occupation located ,a - >; = •ZII _ � � - �► 333 West King Rood, Town of Ithaca Tax Parcel No. 6-37- 1 - 27. 2, Residence District R-30. '. �: _ •. APPEAL of RoberrA Robert A. Boole, r� Appellant, requesting authori- zation by the Board of Ap- peals, pursuant to Article XII, ' - - -•- •-• -• •- ---- •-• •- -= Section 54, of the Town of Ithaca Zoning Ordinance, .for U4 t. .p F f �� . the 16'x23' enlargement and 9 - - « '� 1=•f-. =•t -..� � Or SL' O .: t� � . .-_ . . __._.... . extension of anon-conform- , - ing garage located at 662 • ✓ Q' Coddington Road, Town of Or Ithaca Tax Parcel No. 6-49- 1 - II 1 - - -- -� 15, Residence District R-30. Said garage is 7. 7 feet from _ ,_ the south side property line, a -. . . _ setback _ ighrequirement under Ar ae V, Section 21 , f the_ � Y Town of Ithaca Zoning Ordi- nonce . r APPEAL OF Paul Jacobs, Ap- pellant, requesting variance from the requirements of Arti- ... ... . " . - . : cle XIII , Section 59A, Por= agraph a ), of the Town of Itho LIZ -- . .. � - - - . . . . - .. . _ . .• - - — - - . . . .. .. .... .. a Zoning Ordinance, to _._. . - 1•t76^'�J C U.r;7 ILL., . permit the lplacement of a so- .___.. sh t in JEAN FORD diameter, ontthearoof ofethe single - family dwelling to Notary Public, Sint@ Qi New—York cated at 182 Calkins Road, NO; 465441U Town of Ithaca Tax Parcel No. 6-33-2- 1 . 2, Residence District . I _ . _ . .,. :. . .•. Qualified n ompKins u • T ! County J 31 19 :1. / r r - Commisslon expire Ma Said Ordinance permits only a free-standing dish an tenno with a diameter or -.. - height of IS feet or less. Ir -. .- .r AL of Nicholas J. Barra, APPEAL Appellant, requesting vari- I i - - once from the requirements of is - Article IV 5 11 I agraph 2, of theTownof Itha= s. a Zoning Ord nce, per c ina to - mit a two-family house having 1 - the floor area of each dwell- F 1 } " ing unit of equal size, located -... ,,✓ ..: . , � _ � _ , at 212 East King Road, Town of _ _ Ithaca Tax Parcel No. 6-44- 1 - _ 4 ."e •'M: > y -i •t • y j.r� :+ -r — 1 _ v t •, y , , - .�„- _ 4. 40, Residence District R- 15. . LI �. s — _ - - Said Ordinance requires that a i second unit not exceed 50% d dr - of the floor area of thI ILL. e prima T • Said nZoning Board of Appeals will at said time, 7 :00 . m. , and said lace, hear air-per- sons ll :•v:, . , , ._. .: _._. - _ ,. _ . . >- . . - - - P per sons in support of such matters c _ objections thereto. Persons ! or a xc..Y r.Y, sr s - _ �_ .... . - may appear by agent or in t person . I Andrew S. Frost Building Inspector/ _• Zoning Enforcement Officer Town of Ithaca 273- 1747 i May 5, 1989 ,+.-.m