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HomeMy WebLinkAboutZBA Minutes 1990-04-11 FILED TOWN OF ITHACA Date o Town of Ithaca Clerk 1 Zoning Board of Appeals April 11 , 1990 TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 11 , 1990 PRESENT : Chairman Henry Aron , Edward King , Edward Austen , Joan Reuning , Town Attorney John Barney , Zoning Enforcement Officer/ Building Inspector Andrew Frost , OTHERS PRESENT : Jane Schafrik , Roxanne Wilson , Celia Bowers , Tim Warner , Virginia Langhans , Catherine Stearns , Frank Shipe , Randi Beckmann , Al Davidoff , Steven Blais . Chairman Aron called the meeting to order at 7 : 05 p . m . and stated that all posting , publication and notification of the public hearings had been completed and that proper affidavits of same were in order . Interviewing of Candidates for the Zoning Board of Appeals Vacancv ® Chairman Aron stated that before the two cases that are on tonight ' s agenda are heard , he would like , on behalf of the members of the Zoning Board of Appeals , to thank the four candidates for taking the time and energy to interview to serve on the Zoning Board of Appeals . The candidates that were interviewed by Board members were the following : Jane Schafrik , Martha Aguiar , Robert Hines and Celia Bowers . Lots were drawn to determine the order of interview . Each candidate was interviewed separately by the Board members . At the end of the interviews , Chairman Aron called for an Executive Session to discuss the selection of a person to serve on the Town of Ithaca Zoning Board of Appeals . Motion By Mr . Edward Austen ; Seconded by Mr . Edward King . RESOLVED , That the Town of Ithaca Zoning Board of Appeals adjourn into Executive Session to discuss the selection of the person to fill the vacancy that is currently on the Board . The voting on the motion was as follows : ® Ayes - King , Reuning , Aron , Austen . Nays - None . Town of Ithaca 2 Zoning Board of Appeals April 11 , 1990 The motion was carried unanimously . The Board adjourned into Executive Session at 7 : 34 p . m . and reconvened in regular session at 7 : 42 p . m . Motion By Mr . Edward King ; Seconded by Mrs . Joan Reuning . RESOLVED , that the Town of Ithaca Zoning Board of Appeals recommend and hereby does recommend to the Town Board the appointment of Mr . Robert J . Hines , to the Zoning Board of Appeals for the term expiring December 31 , 1992 . The voting on the motion was as follows : Ayes - King , Reuning , Aron , Austen . Nays - None . The motion was carried unanimously . The public portion of the meeting was opened at 7 : 50 p . m . and the first Appeal on the agenda was the following . APPEAL OF RANDI BECKMANN AND AL DAVIDOFF , APPELLANTS , STEVEN BLAIS , AGENT , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE PROPOSED EXTENSION OF AN EXISTING NON-CONFORMING SINGLE-FAMILY HOME LOCATED AT 115 HALCYON HILL ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 66 - 3 - 18 , RESIDENCE DISTRICT R- 15 . THE EXTENSION PROPOSED IS ADDITIONAL LIVING SPACE WHICH INCLUDES ENLARGEMENT OF THE EXISTING BUILDING FOOTPRINT AND AN ADDITIONAL SECOND STORY . SAID BUILDING CURRENTLY HAS AN EAST SIDE LOT LINE SETBACK OF 8 . 7 FEET WITH A PROPOSED SETBACK OF 6 . 7 FEET ( 15 FEET BEING THE STANDARD ) , Mr . Steven Blais , Architect and Agent , referred to the drawings that were presented to the Board with the agenda and posted enlarged drawings of the same on the bulletin board for the Board ' s viewing . Mr . Blais explained the proposal for the addition . He stated that there are 35 steps down to the house from the driveway . The slope is on at least a 45 degree slope . Mr . Blais stated that putting a partial second floor on the house and letting it overhang toward the property line is not really going to have significant impact on the neighbors . He does not think there would be a perceptible change from the • Town of Ithaca 3 Zoning Board of Appeals April 11 , 1990 standpoint of the neighbor on the down hill side because there is a drop in height of 40 - 50 feet . Mr . Blais said that they are trying to maintain the existing structure of the house . It is a very small and simple house and they are working with a limited budget . The most straight forward approach involves placing two new bedrooms on top of the existing bedrooms and pretty much preserving the way the living and dining spaces are and just extending the kitchen a little bit . They will be gaining access to the new second floor by coming in at a higher level . Chairman Aron asked Mr . Blais if the existing house has a basement : Mr . Blais responded that the existing house does have a basement . It is sub - standard - the average height of the basement is less that 6 feet . Chairman Aron asked Mr . Blais what the total height of the proposed building will be . Mr . Blais stated that the total height will be 30 feet at the ridgeline , which is the Town ' s height limit . After further discussion , Chairman Aron opened the public hearing . Mrs . Virginia Langhans , 111 Halcyon Hill Road , stated that she had not seen the plans and that is why she attended the meeting this evening . She stated that she has no objections to the proposed plans for the house . Chairman Aron read a letter dated April 6 , 1990 signed by W . F . Shipe and Margery Shipe supporting the proposed house . The letter is attached hereto as Exhibit # 1 . Chairman Aron closed the public hearing . Town Attorney Barney asked Mr . Blais if they are going to use the existing wall as a support for the second . story and if structurally that would be a problem . Mr . Blais replied , yes , they are going to use the existing wall and , no , he does not think there will be a structural problem . He thinks they will have to take some care to do some repair work at the foundation level to strengthen things up some . Mr . Frost explained that it is a policy of his that if we are adding new loads to an existing foundation on a first floor , he requires certification from the Town Engineer or from the licensed architect . Town of Ithaca -4 Zoning Board of Appeals April 11 , 1990 Mr . King asked Mr . Blais if there are any problems with Mr . Shipe ' s concern about debris coming over onto his property . Mr . Blais said that a plastic snow fence could be put up . Mrs . Beckmann would commit to cleaning up any mess that the contractor might make . Motion By Mr . Edward Austen ; seconded by Mr . Edward King . RESOLVED , that , in the matter of the Beckmann/ Davidoff Appeal , the Zoning Board of Appeals make and hereby does make the following findings . 14 as set forth in Section 77 , paragraph 7 , sub -paragraphs a - f , and 29 that no one appeared in opposition to the proposed construction and a letter was presented from the nearest affected neighbor approving the plans with the ® conditions as stated and Mrs . Langhans appeared stating that she has no objection , and 3 * the addition will enhance the property aesthetically and will not have any adverse impact on the neighborhood . and be it further RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant the variance to reconstruct the house at 115 Halcyon Hill Road per the plans as shown , such that the house not be any closer than 6 feet from the east lot line , and such that the building not exceed the 30 - foot maximum building height per the Town ' s Zoning Ordinance , with the following conditions : 10 that there be some sort of a fence to protect the neighborhood from any debris during the course of construction ; 2v that the 6 foot dimension be applicable in accordance with the ordinance , that is to say that the eaves may project up to an additional 2 feet into that side yard . A vote on the motion was as follows : ® Ayes - Austen , King , Reuning , Aron . Nays • Done . Town of Ithaca 5 Zoning Board of Appeals April 11 , 1990 The motion was carried unanimously . The second ` Appeal on the Agenda was the following . APPEAL OF ROXANNE WILSON , APPELLANT , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE RECONSTRUCTION OF A SINGLE-FAMILY HOME DESTROYED BY FIRE ON OCTOBER 12 , 1989 , LOCATED AT 303 SHEFFIELD ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 28 - 1 - 39 , RESIDENCE DISTRICT R- 30 . THE PROPOSED RECONSTRUCTION IS NOT WITHIN THE SAME FOOTPRINT OF THE FORMER DWELLING WHICH WAS NOT IN CONFORMANCE WITH CURRENT BUILDING SETBACK REQUIREMENTS , AND SAID PARCEL , MEASURING 100 FEET BY 200 FEET , IS NOT IN CONFORMANCE WITH THE CURRENT 150 FEET BY 200 FEET LOT SIZE STANDARD FOR R- 30 LOTS . APPELLANT PROPOSES TWO DIFFERENT PLACEMENTS FOR THE NEW HOME . SIDE YARD BUILDING SETBACKS OF EITHER 20 ( PLUS OR MINUS ) FEET OR 38 . 5 ( PLUS OR MINUS ) FEET ON THE WEST SIDE LOT LINE ( 50 FEET BEING REQUIRED) , AND , 17 . 5 ( PLUS OR MINUS ) FEET OR 56 ( PLUS OR MINUS ) FEET ON THE EAST SIDE LOT LINE ( 25 FEET BEING REQUIRED FOR SIDE YARDS ON THE STREET SIDE OF A CORNER LOT ) . Chairman Aron asked Mrs . Wilson why she did not want to build on the same footprint as the house that burned was located . Mrs . Wilson stated that the foundation that exists there is not good , it is bowed 3 inches so a new foundation is needed . She said that she needs to have a four -bedroom house because she has 3 children . Mrs . Wilson stated that the new house would be the same measurements as the house that burned except that it would be a raised ranch . The new house would be 2 , 000 square feet . Mr . Tim Warner , the contractor , addressed the Board and explained the footage of the house and the proposed plans . Mr . Warner stated that the basic problem they have with building in the same footprint is that to make habitable space in a lower level , they can ' t go as deeply in the ground that they would need to . So what they are proposing is to move the location just in front of it by 3 feet . Mr . King asked Mrs . Wilson why there are two maps being presented to the Board . Mrs . Wilson explained that she was not sure which one , if any , the Board would approve so she presented them both . She stated that she would prefer to go with the map that shows the house facing the way the old house faced . i Town of Ithaca 5 Zoning Board of Appeals April 11 , 1990 Mr . King , for the record , stated that the proposal to move that house northerly within 20 feet of the north line , is the first map that the Board was discussing and now the Board and Mrs . Wilson are talking about a second map which would locate the house westerly from the original foundation , rather than northerly and that would leave 38 . 5 from the Cook house and also 38 feet east of the Sheffield Road . Mr . Frost , for clarification , stated that this gets a little confusing because the Board is not only dealing with a lot in an R- 30 Zone that you can ' t get the rectangle in , we are also dealing with a corner lot . Mr . Frost said to make things as simple as possible , the north side would be required to have a 50 - foot setback , 40 feet typically being required but we have to add 10 feet because of the under size lot . Mrs . Wilson is proposing 38 . 5 feet where 50 feet is required . On the south side lot line which is on the Drew Road , because it is a corner lot , it has to be at least ane -half the required front yard distance but again , since we cannot get the R- 30 rectangle in there , we add 10 feet . Therefore , we would need 25 feet on that side yard and she is proposing 17 . 5 feet . Mr . Frost went on to explain that the rear yard , which is to the east side of the proposed building would need to be 75 feet and Mrs . Wilson is proposing 138 feet . Mr . Frost stated that the front and rear yards are fine . The Sheffield Road is being called the front yard and the Drew Road side is the side yard . The map that Mr . Frost referred to above is attached hereto as Exhibit # 2 . Chairman Aron opened the public hearing . He read a statement into the record from Peter Capiello , 107 Drew Road , per a phone call to Mr . Frost on April 11 , 1990 in favor of the proposed construction . The statement is attached hereto as Exhibit # 3 . Chairman Aron closed the public hearing . Chairman Aron stated that the Board is going to consider house # 2 and house # 1 map will be discarded . After further discussion , Chairman Aron stated that he would entertain a motion . Town of Ithaca 7 Zoning Board of Appeals April 11 , 1990 Motion By Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant the variance to permit the construction of a new home in place of the burned down dwelling at 303 Sheffield Road in accordance with proposal # 2 , namely that the new house be a raised ranch house , two floors , constructed approximately 3 - 6 feet westerly from the west foundation of the expired dwelling ; the north line of the structure to approach 38 feet from the north property line and the westerly line to be 38 feet west from westerly property line which would be the east line of Sheffield Road , and with the southerly face of the house being approximately 17 feet from the north line of Drew Road , and further FURTHER RESOLVED , that this proposal constitutes a variance , granted herein , of approximately 12 feet in the setback of the house from the north property line ( 50 feet being required for a corner lot with the dimensions of this lot ) , • and also a variance , granted herein , on the siting of the southerly side of the house , that 17 feet being approximately 8 feet short of the 25 feet that would normally be required , with the following findings : 10 that the proposal would not impact negatively upon any other properties , 2 * that the new house would be an improvement over the existing situations ( a burned - out building ) , 3w that it is advantageous that the new structure be built west of the existing old foundation , which is to be properly filled in and graded ; 4 * that no one appeared in opposition and a communication was received by the Board favoring granting of the variances , 5e that it would entail practical difficulties and unnecessary hardship and not necessarily an improvement to construct it on the site of the old dwelling because of the unstable nature of the existing foundation of the old house . • The voting on the motion was as follows . Ayes - King , Reuning , Austen , Aron . Nays - None . • Town of Ithaca 8 Zoning Board of Appeals April 11 , 1990 The motion was carried unanimously . The meeting adjourned at 8 : 50 p . m . Connie J . Holcomb Recording Secretary :APPTR4D He ry Airon Chair • . " dAA4AoOl* s• �r , aAAA iaU Gam^ �'ovti � M , �� 1. • b2t W4�z a#v, 000 tu , CtOL - . mael R $C ; y k '' ( t�_�E#- _ _ . - � C , •• •• �• � rr Tn Gie' TMYTTIT a .' ) Z �3 (1_. S'..� 7(.'LaT 'J /LlZI110o SLICJ(C�UIOZ Q OD cL 00 N ( n L " ftftb CZ 01' WS oos cc QL Qj a� v-. Q jo C ; V \ r ^ IC rn to Qo to N i W O o Z $ � _ 3 f O o �•� '� Ea ti.• 7�'. . rl �9 4s ' op AP P. �y,-vse ►�- a C 7 t:ti �r .,: ;. dr I' e ooe Q, (tarlu/d % � ' ] `"f �— -- — (punOiBlapun) Duoydela1 0— - iPDewaAO) O/JIO613 I NI j N , 00 / M otp N _ . . .--- .. , '+t ; .. . , • , � . 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L r .+. s... ».�. ....,._.. .. ♦..r--._�..» .`_+....--..-._ �__ _ . � .. %'. _ ii ' AFT,1DA W T OF PUBLICATION on6- AI Davidoff, Apprellonts, Steven Blois, Agent rrequest- ing authorization by the Board cf Appeals, under Article XII, Section 54, of the Town of ithoca Zoning Ordinance, for AL the ed extension of a . existing no conforming sin- 111E uRN gle-fo family ily home located at ITHACA JO 115 Halcyon PJiJIRoad6 .Town of Ithaca Tax Parcel Not -66 3- 18, Residence6 ' Distric _ R-15. The extension propose�k 6d- State of New York , Tompkins County , ss . : ditional living space wich in- cludes enlargement . of the • existing building foolp4t and Gail Sullins being dulV sworn deposes and cn additional second _story. Scid buildingg currently I;lp an says , that she/lie resides in Ithaca . county and state af� lresaid and that reeeast with at lines sed setback ck y - feet with p proposed setback Clerk of 6. 7 . feet ( 15 feet being the she/he is standard ). APPEAL of Roxanne Wilson, of The Ithaca Journal a public: newspaper printed and published in Appellont, requestingouthori - zation by the Board of- Ap- ceals, under Article XII, 'Sec - Ithaca aforesaid , and that a notice , of which the anne : ed is a true tion 54, of the Town of Ithaca Zoning Ordinance, for thetre- copy , was published in said paper ; instruction of asingle-family home destroyed by .fire on Oc- , n (� reber 121 Road located of 303 `� c Sheffield Road, Town of Itha- ca Tax Parcel No. 6-28- 1 -39, Residence District R-30. jhe proposed reconstruction is.not :within the some footprint- of +he ' former dwelling which was not in conformance with current building setback re- quirements, and said parcel , and that the first publication of said notice was on the V measuring loo feet by 200 feet , is not in conformance vith the current 150 feet by day of \� ` \ 19 �Q 200 feet lot size standard for 2- 30 lots. Appellant proposes • ine different placements-,for ane( new home : side ydrd Y1�•�-�C �= � uildingsetbacks of either 20 .' lus or minus feet or 38. 5 plus it minus feet on the west side line (50 feet being re- Subscribed and sworn to before me . this day, quired ), and 17. 5 plus or min- us feet or 56 plus or minus feet OI l9 �V __ __ pn the east side lot line -(25 feet being required for side TOWN OF ITHACA ZONING BOARD OF APPEALS yards on the street side of o cirner lot ). NOTICE OF PUBLIC HEARINGS Sid Zoning Board of Appeals 0 WEDNESDAY, APRIL 11 , 1990 ;.; ; il at said time, 7 : 30p. m. , 7 : 30 P. M. and said place, hear all per- By direction of the Chairman sans in support of such matters Notary Public , of the Zoning Board of Ap - cr objections thereto. Persons peals NOTICE IS HEREBY may appear by agent or in JEAN FORD GIVEN that Public Hearings person . will be held by the Zoning Andrew S. Frost Notary Pub ! icr State of NOW YOrF Board of Appeals of the Town Building Inspector/Zoning En- of Ithaca on Wednesday, April forcement Officer 654410 11 , 1990, in Town Hall , 12o Town of Ithaca i_ East Seneca Street, (FIRST 273- 1747 QUallil til empkins County Floor, REAR Entrance , WEST A_cril6. 19PO Commissicn expires May 31, 1 / � Side ), Ithaca, P. M.NY, on the fol - 311 AT 7: 30 P. Mon the fol - lowing matters. APPEAL of Rondi Beckmann •