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HomeMy WebLinkAboutZBA Minutes 1992-05-13 _ - - FILED TOWN OF ITHACA Date 2- TOWN OF ITHACA • ZONING BOARD OF APPEALS Clerk MAY 13 , 1992 THE FOLLOWING MATTERS WERE HEARD ON MAY 139 1992 BY THE BOARD : APPEAL OF DAVID REYNOLDS , APPELLANT , REQUESTING A VARIANCE FROM ARTICLE V . SECTION 21 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE ALLOWED TO MAINTAIN A DETACHED GARAGE WITH A FRONT YARD SETBACK OF 15 FEET ( 30 FEET BEING REQUIRED ) , LOCATED AT 102 LONGVIEW DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 28 - 1 - 34 . 3 , RESIDENCE DISTRICT R - 30 . A VARIANCE WAS GRANTED FOR THE GARAGE IN DECEMBER 14 , 1983 PERMITTING A 23 FOOT FRONT YARD BUILDING SETBACK . GRANTED WITH ONE CONDITION . APPEAL OF ALAN FLETCHER , APPELLANT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO ENLARGE A DETACHED NONCONFORMING GARAGE LOCATED 11 FEET FROM THE ROAD RIGHT — OF — WAY ( 25 FEET BEING REQUIRED ) , AT 300 FOREST HOME DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 66 - 3 - 13 , RESIDENCE DISTRICT R - 15 . THE ENLARGEMENT CONSISTS OF A 10 X 12 FOOT ADDITION AT THE REAR OF THE GARAGE . GRANTED WITH CONDITIONS . APPEAL OF GEOFFREY SACCO , OWNER / APPELLANT , YVONNE FOGARTY , AGENT , REQUESTING VARIANCES FROM ARTICLE XI , SECTION 51 ( AND ARTICLE V . SECTION 21 AND 23 ) , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO ALLOW FOR A RECENTLY SUBDIVIDED PROPERTY WITH AN EXISTING SINGLE FAMILY RESIDENCE TO HAVE A 12 ( + OR — ) FOOT WEST SIDE YARD BUILDING SETBACK ( 40 FEET BEING REQUIRED ) AND A LOT WIDTH AT THE MAXIMUM FRONT YARD SETBACK OF 115 FEET ( 150 FEET BEING REQUIRED ) . THE PROPERTY IS LOCATED AT 236 BUNDY ROAD ON A PORTION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 5 - 11 , AGRICULTURAL DISTRICT ( R - 30 REGULATIONS APPLY ) . ADJOURNED UNTIL MAY 27 , 1992 . APPEAL OF DEBORAH F . DIETRICH , APPELLANT , REQUESTING VARIANCES FROM ARTICLE V . SECTION 18 , AND ARTICLE XIII , SECTION 68 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE PERMITTED TO HAVE TWO SEPARATE SINGLE FAMILY RESIDENTIAL BUILDINGS ON ONE PARCEL OF LAND ( ONLY ONE SINGLE FAMILY OR ONE TWO FAMILY BUILDING IS PERMITTED ) , LOCATED AT 221 DUBOIS ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 22 - 2 - 1 . 2 , RESIDENCE DISTRICT R - 30 . APPELLANT PROPOSES TO CONSTRUCT A 24 X 30 FOOT STRUCTURE CONTAINING A FIRST FLOOR GARAGE AND A SECOND FLOOR SINGLE FAMILY RESIDENCE . WITHDRAWN . FILED TOWN OF ITHACA Town of Ithaca Date 1 Zoning Board of Appeals Cleric May 13 , 1992 70, TOWN OF ITHACA ZONING BOARD OF APPEALS MAY 13 , 1992 PRESENT : Chairman Edward Austen , Edward King , Robert Hines , Pete Scala , Town Attorney John Barney , Zoning Enforcement Officer / Building Inspector Andrew Frost . ABSENT : Joan Reuning . OTHERS : Larry Jordan Jr . , Ray Glauer , Alan M . Fletcher , David Reynolds , Don Shippos , Geoffrey Sacco , Yvonne Fogarty , Deborah F . Dietrich , Don Schultz . Chairman Austen opened the meeting and stated that all posting , publication and notifications of same were in order . The first Appeal to be heard by the Board was the following : APPEAL OF DAVID REYNOLDS , APPELLANT , REQUESTING A VARIANCE FROM ARTICLE V . SECTION 21 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE ALLOWED TO MAINTAIN A DETACHED GARAGE WITH A FRONT YARD SETBACK OF 15 FEET ( 30 FEET BEING REQUIRED ) , LOCATED AT 102 LONGVIEW DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 28 - 1 - 34 . 3 , RESIDENCE DISTRICT R - 30 . A VARIANCE WAS GRANTED FOR THE GARAGE IN DECEMBER 14 , 1983 PERMITTING A 23 FOOT FRONT YARD BUILDING SETBACK . Mr . David Reynolds appeared before the Board and explained that he has recently applied for refinancing due to the interest rates . He said that he has had a survey done and has submitted it to the bank offi - cials . They told him that the survey and the variance did not jibe together . Mr . Reynolds stated that the measurements he had submitted were from the roadside . After his appeal , he realized that road right - of - way measurements should have been used . He believed this was and is the problem with measurements and interpretations . Mr . Reynolds requested that his variance be changed ; that the setback be changed from twenty - three ( 23 ) feet to fifteen ( 15 ) feet . Chairman Austen opened the public hearing . Mr . Don Shippos , 103 Longview Drive , spoke to the Board in favor of the proposal . He stated that he is sure that the other neighbors have no objections either . Chairman Austen closed the public hearing . MOTION By Mr . Robert Hines , seconded by Mr . Pete Scala : Town of Ithaca 2 Zoning Board of Appeals May 13 , 1992 RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant to the applicant , Mr . David Reynolds , a variance with respect to the property at 102 Longview Drive in the Town of Ithaca , Tax Parcel No . 6 - 28 - 1 - 34 . 3 , to maintain the garage structure presently on the building , with a setback from the street line of 15 feet , which is less than what is required by the Ordinance , with the understanding that if the garage be destroyed or demolished for any reason , it not be replaced in its present location , or any other structure , without complying with the Zoning Ordinance , with the following findings : 1s that the applicant exhibited reasonable reliance on the representations made by the Town of Ithaca and expended a considerable amount of money . 2 * that the premises have been intact for eight years without any apparent disruption of the peace of the neighborhood . 3 * that the variance that the Board is granting herein does conform to the general pattern of construction in the neighborhood . ® A vote on the Motion resulted as follows : Ayes - Hines , Scala , Austen , King . Nays - None . The Motion carried unanimously . The next Appeal to be heard by the Board was the following : APPEAL OF ALAN FLETCHER , APPELLANT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE % II , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO ENLARGE A DETACHED NONCON - FORMING GARAGE LOCATED 11 FEET FROM THE ROAD RIGHT - OF - WAY ( 25 FEET BEING REQUIRED ) , AT 300 FOREST HOME DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 66 - 3 - 13 , RESIDENCE DISTRICT R - 15 . THE ENLARGEMENT CONSISTS OF A 10 % 12 FOOT ADDITION AT THE REAR OF THE GARAGE . Mr . Alan Fletcher explained to the Board that he wishes to attach a tool shed to the side of the garage so that he can put his car in his garage . The garage at this time is being utilized to store a garden tractor and other assorted tools and he has to park his car in the driveway . Chairman Austen opened the public hearing . • Chairman Austen read letters from the following neighbors , all in support of the proposed construction : Town of Ithaca 3 • Zoning Board of Appeals May 13 , 1992 Mr . Carl H . Sundell , dated May 4 , 1992 Mrs . Helen E . Sundell , dated May 4 , 1992 Mr . Charles H . Trautmann , dated April 21 , 1992 Mrs . Nancy M . Trautmann , dated April 21 , 1992 Mr . W . Frank Shipe , dated April 15 , 1992 Mrs , Margery M . Shipe , dated April 15 , 1992 The letters are attached hereto as Exhibits # 1 , # 2 , and # 3 . Chairman Austen closed the public hearing , there being no one who wished to speak . Environmental Assessment Chairman Austen referred to Part III of the Short Environmental Assessment Form that was completed by Town Planner Richard Eiken , in which he recommends a negative determination of environmental signifi - cance for this construction . MOTION By Mr . Edward King , seconded by Mr . Robert Hines : RESOLVED , that , based upon the recommendations of Planner Richard Eiken , the Town of Ithaca Zoning Board of Appeals makes and hereby does make a negative declaration of environmental significance with respect to the enlargement of a detached non - conforming garage located 11 feet from the road right - of - way at 300 Forest Home Drive , Town of Ithaca Tax Parcel No . 6 - 66 - 3 - 13 , Residence District R - 15 . A vote on the Motion resulted as follows : Ayes - King , Hines , Scala , Austen . Nays - None . The Motion carried unanimously . MOTION By Mr . Robert Hines , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant the applicant , Mr . Alan Fletcher , permission to extend the existing non - conforming structure , characterized as a garage , by adding to that structure an additional 10 x 12 foot room or addition , the non - conforming character being that the garage is • presently located only it feet from the road right - of - way , whereas 25 feet is required , with the following findings and condition : Town of Ithaca 4 Zoning Board of Appeals May 13 , 1992 10 that the character of the addition is in conformity with the architecture of the neighborhood . 2a that the addition is substantially out of sight of most travelers on the road by reason of its location to the rear of the existing garage . 3e that no one appeared in opposition to the construction and three neighbors wrote in support of the application . 4 * that the structure as presently constructed , together with the addition , which is to be granted with permission of this Board , extend only to the present structure , and that if the building is otherwise destroyed or removed or demolished for whatever reason , it will not be replaced without additional permission , which means that the footprint does not become a vested right . 5 * that the structure is going to be used for purposes adjunct to the residence of the applicant . • A vote on the Motion resulted as follows : Ayes - Hines , King , Scala , Austen . Nays - None . The Motion carried unanimously . The next Appeal before the Board was the following : APPEAL OF GEOFFREY SACCO , OWNER / APPELLANT , YVONNE FOGARTY , AGENT , REQUESTING VARIANCES FROM ARTICLE XI , SECTION 51 ( AND ARTICLE V . SECTION 21 AND 23 ) , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO ALLOW FOR A RECENTLY SUBDIVIDED PROPERTY WITH AN EXISTING SINGLE FAMILY RESIDENCE TO HAVE A 12 ( + OR - ) FOOT WEST SIDE YARD BUILDING SETBACK ( 40 FEET BEING REQUIRED ) AND A LOT WIDTH AT THE MAXIMUM FRONT YARD SETBACK OF 115 FEET ( 150 FEET BEING REQUIRED ) . THE PROPERTY IS LOCATED AT 236 BUNDY ROAD ON A PORTION OF TOWN OF ITHACA TAX PARCEL NO , 6 - 24 - 5 - 11 , AGRICULTURAL DISTRICT ( R - 30 REGULATIONS APPLY ) , Mr . Sacco appeared before the Board and discussion followed among Mr . Sacco , Board members , and Town Attorney Barney regarding discrepan - cies in the maps that have been presented to the Board for their information . The two maps that are being questioned are attached hereto as Exhibits # 4 and # 5 . MOTION By Mr . Robert Hines , seconded by Mr . Pete Scala : Town of Ithaca 5 Zoning Board of Appeals May 13 , 1992 RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn the above matter until May 27 , 1992 , so that the Town can advertise for the variances and so that Mr . Sacco can bring the map that is drawn showing the correct dimensions of the properties . A vote on the Motion resulted as follows : Ayes - King , Austen , Scala , Hines . Nays - None . The Motion carried unanimously . The final Appeal to be heard by the Board was the following : APPEAL OF DEBORAH F . DIETRICH . APPELLANT , REQUESTING VARIANCES FROM ARTICLE V . SECTION 18 , AND ARTICLE % III , SECTION 68 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE PERMITTED TO HAVE TWO SEPARATE SINGLE FAMILY RESIDENTIAL BUILDINGS ON ONE PARCEL OF LAND ( ONLY ONE SINGLE FAMILY OR ONE TWO FAMILY BUILDING IS PERMITTED ) , LOCATED AT 221 DUBOIS ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 22 - 2 - 1 . 2 , RESIDENCE DISTRICT R - 30 . APPELLANT PROPOSES TO CONSTRUCT A 24 % 30 FOOT STRUCTURE CONTAINING A FIRST FLOOR GARAGE AND A SECOND FLOOR SINGLE FAMILY RESIDENCE . Ms . Deborah F . Dietrich explained that what they want to do is build a garage with an apartment above it for her 72 year old father , where he could spend at least part of the year . She stated that her father ' s eyesight is failing and it is important to the family that her father be close to the house . Discussion ensued between Ms . Dietrich and Board members regarding options that could be used rather than an above - ground apartment for an elderly man . In answer to Mr . Hine ' s question regarding hardship , Ms . Dietrich stated that the hardship is structural as far as converting a Greek Revival house into a house with a 50o dwelling unit within it . After extensive discussion between Ms . Dietrich and the Board members , Ms . Dietrich agreed to withdraw her appeal and to reconsider her drawings and to be in touch with Mr . Frost to discuss how else her plans can be handled . Adjournment Upon Motion , the meeting was adjourned . Town of Ithaca 6 ® Zoning Board of Appeals May 13 , 1992 Connie J . Holcomb Recording Secretary APPROVED : Edward Austen , Chairman RECEIVED ei - Alan M. Fletcher 300 Forest Home Drive MAY 0 7 1992 Ithaca, New York 14850 TOWN OF lTFiACf., May 4 , 1992 BUILDING /ZONING To Whom it may concern : This is to state that we have no objection to the building of an addition on the rear of the Fletcher ' s garage . It will add to the appearance of said garage and will increase the value of their property in addition to giving them a place to keep their garden tools and other things . The Fletchers are old time neighbors of sterling quality and are contributors to the solid character of Forest, Home - the type of people that we want to stay here and be representative of the community . In view of these facts we are in favor of allowing them to construct the addition to their garage . Sincerely yours , Ae woo CS104 Carl H . Sundell )44oL Helen E . Sundell 1 Trautmann 304 Forest Home Drive Ithaca , NY 14850 April 21 , 1992 Mr . Andrew Frost Town of Ithaca 126 East Seneca St . Ithaca , NY 14850 Dear Andy , This letter is to indicate that we are the only abutting neighbors , and that we have no objections to the Fletcher ' s construction of a tool storage shed on the back of their garage . If you have any further questions , please call us at 257 - 4875 . Sincerely yours , q�. � �+ • Charles H . Trautmann Nancy M . Trautmann ✓ cc : Alan and Julia Fletcher , 300 Forest Home Drive • 236 Forest Home Lrive Ithaca NY 14850 April 15 , 1992 Torun of Ithaca Zoning Board of Appeals 126 East Seneca Street Ithaca NY 14850 Lear Board Members : We enthusiastically support Mr . and Mrs . Alan Fletcher ' s request for a permit to add to their garage . We have seen their plans and think the addition will further enhance the picturesque appear - ance of the garage . Sincerely , � Aa.l Frank Shi rant Margery M . Shipe • Li V i � 332 4?: AC CALO� 11o'i 3Li01 , 0 33 . 2 23 t� l � � 162 AC CAL 69 . 83 AC - • 25.21 25 . 53 AC. CAL . ' 66 25 . 22 17. 5 AC CAL X40 tM ^� L 33-3 III 3U $(o an 32 Le 1131 AC 68 29 sl 2523 . 07 AC. CAL fD cD a s 33. 10:M. 3 9d AC 28 . 0 AC CAL_ ter; Ls AC j 31 2T 1n_ s .. CAL_ ' ° ,s r!s sze neat IY_ 3 . 5 ' INAYT$ trss _ ! .Q 3 C4AMC 8 A , 6 CA,W . Ia83 X.CAL 17 . 2 Ate . 1 1^ ` AC r , 014.4 7 ¢ '. 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