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Home My WebLink AboutZBA Minutes 1992-07-08 FILED TO cW��N OF ITHACA 11 1,5 TOWN OF ITHACA Date_ Sz • ZONING BOARD OF APPEALS Cle JULY 8 , 1992 THE FOLLOWING MATTERS WERE HEARD ON JULY 8 , 1992 BY THE BOARD : APPEAL OF PAUL VELLEMAN , OWNER / APPELLANT . BRIAN BUTTNER , AGENT , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO ENLARGE A NON - CONFORMING BUILDING / LOT LOCATED AT 15 LISA LANE , TOWN OF ITHACA TAX PARCEL N0 . 6 - 71 - 1 - 9 . 8 , RESIDENCE DISTRICT R - 15 . THE ENLARGEMENT CONSISTS OF ADDITIONAL LIVING SPACE TO BE ADDED TO THE REAR OF AN EXISTING SINGLE - FAMILY HOME WITH A BUILDING HEIGHT OF 35 FEET ( + OR - ) ( 30 FEET MAXIMUM HEIGHT ALLOWED ) , IN ADDITION TO A NON - CONFORMING BUILDING HEIGHT , SAID PARCEL HAS A WIDTH AT THE STREET LINE OF 50 FEET ( + OR - ) , 60 FEET . BEING REQUIRED . GRANTED WITH CONDITIONS . APPEAL, OF KIM DUNNICK , OWNER / APPELLANT . DAN MCCLURE , AGENT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 11 , PARAGRAPH 6 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO CONSTRUCT A RESIDENTIAL BUILDING APPROXIMATELY 37 FEET ( + OR - ) IN HEIGHT ( 30 FEET MAXIMUM HEIGHT ALLOWED ) , LOCATED AT 10 LAGRAND COURT , TOWN OF ITHACA TAX PARCEL NO . 6 - 45 - 1 - 36 , RESIDENCE DISTRICT • R - 15 . GRANTED WITH CONDITIONS . • FILED TOWN OF ITHACA Date � I • Town of Ithaca o 1 Zoning Board of Appeals Clerk 11 July 8 , 1992 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 8 , 1992 PRESENT : Chairman Edward Austen , Robert Hines , Edward King , Pete Scala , Town Attorney John Barney , Building Inspector / Zoning Enforcement Officer Andrew Frost . ABSENT : Joan Reuning . OTHERS : Brian Buttner , Paul Velleman , Dan McClure . Chairman Austen stated that all posting , publication and notification of the public hearings have been completed and same are in order . The first Appeal to be heard by the Board was the following : APPEAL OF PAUL VELLEMAN , OWNER / APPELLANT , BRIAN BUTTNER , AGENT , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING • ORDINANCE , TO ENLARGE A NON - CONFORMING BUILDING / LOT LOCATED AT 15 LISA LANE , TOWN OF ITHACA TAA PARCEL NO . 6 - 71 - 1 - 9 . 8 , RESIDENCE DISTRICT R - 15 , THE ENLARGEMENT CONSISTS OF ADDITIONAL LIVING SPACE TO BE ADDED TO THE REAR OF AN EXISTING SINGLE - FAMILY HOME WITH A BUILDING HEIGHT OF 35 FEET ( + OR - ) ( 30 FEET MAXIMUM HEIGHT ALLOWED ) . IN ADDITION TO A NON - CONFORMING BUILDING HEIGHT , SAID PARCEL HAS A WIDTH AT THE STREET LINE OF 50 FEET ( + OR - ) , 60 FEET BEING REQUIRED . Mr . Brian Buttner and Mr . Paul Velleman both appeared before the Board . Mr . Buttner explained the need for the authorization and Mr . Velleman answered questions from Board members . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Discussion followed with Board members , the Town Attorney and Mr . Buttner debating how this matter can be handled . Chairman Austen read 4 letters into the record from neighbors of Mr . Velleman in favor of the proposed construction . The letters are attached hereto as Exhibits # 1 - # 4 . Environmental Assessment Town of Ithaca 2 • Zoning Board of Appeals July 8 , 1992 Chairman Austen referred to Part III of the Short Environmental Assessment Form that was completed and signed by Planner Richard A . Eiken on July 1 , 1992 recommending a negative determination of environmental significance for the action as proposed . MOTION By Mr . Robert Hines , seconded by Mr . Edward King : RESOLVED , that the Zoning Board of Appeals make and hereby does makes a negative determination of environmental significance with respect to the Paul Velleman Appeal , based upon the findings and recommendations of the Town of Ithaca Planning Department . A vote on the Motion resulted as follows : Ayes - Hines , King , Scala , Austen . Nays - None . The Motion carried unanimously . • MOTION By Mr . Hines , seconded by Mr . Pete Scala : RESOLVED , that the Town of Ithaca Zoning Board of Appeals authorize and hereby does authorize the applicant , Mr . Paul Velleman , under the provisions of the Zoning Ordinance , the construction of the proposed addition to his dwelling house at 15 Lisa Lane in the Town of Ithaca , Tax Parcel No . 6 - 71 - 1 - 9 . 8 , recognizing that the existing structure exceeds the maximum height permitted under the Zoning Ordinance for R - 15 , and that the frontage on Lisa Lane is less than otherwise required , upon the following findings and conditions : 10 that the proposed addition , which is described in plans submitted , conforms to the general architecture of the neighborhood . 2v that the addition in itself does not in any way violate any of the strictures of the Town ' s Zoning Ordinance . 3 * that the Board did receive in evidence a number of letters in support of the proposed construction from people who live in the cul - de - sac . • • Town of Ithaca 3 Zoning Board of Appeals July 8 , 1992 4a that the applicant have a fully completed application or interpretation and / or a variance permitting the use of the premises for the operation of a statistical business by the resident of the premises with up to three additional employees in Mr . Frost ' s office by July 20 , 1992 . 50 that while the Board requests the Zoning Officer to issue a building permit , no Certificate of Occupancy be issued for the new construction until such time as either a use variance is obtained or the property is brought into compliance with the Zoning Ordinance . 6a that the determination made this evening is in no way pre - judging the result of the application for the interpretation or variance . 7o that the construction be in accord with the plans submitted to the Board . 86 that soil erosion control measures as needed to protect • down slope areas be implemented during construction . A vote on the Motion resulted as follows : Ayes - Hines , King , Scala , Austen . Nays - None . The Motion carried unanimously . The next Appeal to be heard by the Board was the following : APPEAL OF KIM DUNNICK , OWNER / APPELLANT . DAN MCCLURE , AGENT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 11 , PARAGRAPH 6 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO CONSTRUCT A RESIDENTIAL BUILDING APPROXIMATELY 37 FEET ( + OR - ) IN HEIGHT ( 30 FEET MAXIMUM HEIGHT ALLOWED ) , LOCATED AT 10 LAGRAND COURT , TOWN OF ITHACA TAX PARCEL NO . 6 - 45 - 1 - 36 , RESIDENCE DISTRICT R - 15 . Mr . Dan McClure appeared before the Board and explained the need for allowing the installation of a patio door at the basement level rear of the house to allow access to the large rear yard . He stated that the door will be below the deck which runs the full width of the rear of the house . Mr . McClure said that if a walk - out basement is to be allowed , the house will exceed the 30 - foot • height requirement , however , the alternative will be that a lot of trees will have to be cut down and at least 400 yards of fill will have to be hauled in . Town of Ithaca 4 . Zoning Board of Appeals July 8 , 1992 Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Environmental Assessment Chairman Austen referred to the Short Environmental Assessment Form , Parts II and III , as completed by Planner Richard A . Eiken . MOTION By Mr . Edward King , seconded by Mr . Pete Scala : RESOLVED , that the. Town of Ithaca Zoning Board of Appeals make and hereby does make a negative determination of environmental significance based on the facts stated in the Short Environmental Assessment Form , as reviewed by Planner Richard Eiken , to be substantially correct and accurate , and further based on information presented to the Board by Mr . McClure . A vote on the Motion resulted as follows : Ayes - King , Scala , Hines , Austen . Nays - None . The Motion carried unanimously . MOTION By Mr . Robert Hines , seconded by Mr . Pete Scala : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant to the applicant , Kim Dunnick , a variance from the requirements of Article IV , Section 11 , Paragraph 6 , of the Town of Ithaca Zoning Ordinance , with respect to the maximum height of a residential building structure in an R - 15 zone , by allowing the building permit to be issued , as proposed by the applicant , and which will result in a ridge height of 37 feet ( + or - ) from the rear ground level of this structure at 10 Lagrand Court in the Town of Ithaca , Parcel No . 6 - 45 - 1 - 36 , with the following findings and conditions : 19 that the ridge or top height of the residential structure will be the same or substantially the same as all other structures in the immediate area , architecturally consistent with those buildings , and that the condition is created by the slope or natural grade of the land , • which provokes a ground level in the rear which is in excess of 30 feet . Town of Ithaca 5 • Zoning Board of Appeals July 8 , 1992 2o that to comply with the height requirement would result in a substantial increase in cost and perhaps adverse environmental or aesthetic conclusions . 3 * that the impact on the adjacent properties is practically zero and the benefit to the owner is substantial . 4a that the deviation be to allow a maximum of 37 1 / 2 feet as measured from the lowest exterior point of the building . 50 that the deviation from the normal height requirement be limited to a deviation created only by virtue of there being a walkout basement and not by some other attributes of the house . 6 * that the front height of the house not exceed 30 feet . A vote on the Motion resulted as follows : Ayes - Hines , Scala , Austen , King . • Nays - None . The Motion carried unanimously . Adiournment Upon Motion , the meeting was adjourned . Connie J . Holcomb Recording Secretary APPROVED : Edward Austen , Chairman • • Sun, Jun 14, 1992 Board of Zoning Appeals Town of Ithaca 126 East Seneca Street Ithaca, NY 14850 Attn: Mr. Andrew Frost, CEO Board of Zoning Appeals Ref: Proposed Addition to 15 Lisa Lane, Ithaca, NY Dear Board members: Paul Velleman, a neighbor who resides at 15 Lisa Lane in the Town of Ithaca, has asked me to comment on the residential addition he plans to build this summer. It is Mr. Velleman' s understanding that one or more conditions of his existing ten-year-old house may be at variance with the current zoning regulations for an R15 Zone. This may necessitate requesting a zoning appeals hearing for review and approval c the addition and alterations proposed. This revelation concerns Mr. Velleman because his dwelling was found to be totally compliant with zoning regulations in 1982, and is consistent with the size and construction of many other homes in the vicinity. I have been apprised of the nature and extent of the proposed project and have no objection to its construction . The addition will be consistent with the character and style of houses in the neighborhood, will not be visible from Lisa Lane, and should have negligible environmental impact on my property. Sincerely, PA L �5 � - 333 1 EXHIBIT # 1 9 ' • Sun, Jun 14, 1992 Board of Zoning Appeals Town of Ithaca 126 East Seneca Street Ithaca, NY 14850 Attn: Mr. Andrew Frost, CEO Board of Zoning Appeals Ref: Proposed Addition to 15 Lisa Lane, Ithaca, NY Dear Board members: Paul Velleman, a neighbor who resides at 15 Lisa Lane in the Town of Ithaca, has asked me to comment on the residential addition he plans to build this summer. It is Mr. Velleman' s understanding that one or more conditions of his existing ten-year-old house may be at variance with the current zoning regulations for an R15 Zone. This may necessitate requesting a zoning appeals hearing for review and approval of the addition and alterations proposed. This revelation concerns Mr. Velleman because his dwelling was found to be totally compliant with zoning regulations in 1982, and is consistent with the size and construction of many other homes in the vicinity. I have been apprised of the nature and extent of the proposed project and have no objection to its construction . The addition will be consistent with the character and style of houses in the neighborhood, will not be visible from Lisa Lane, and should have negligible environmental impact on my property. Since fely, d / O 1 EXHIBIT # 2 • Sun, Jun 14, 1992 Board of Zoning Appeals Town of Ithaca 126 East Seneca Street Ithaca, NY 14850 Attn: Mr. Andrew Frost, CEO Board of Zoning Appeals Ref: Proposed Addition to 15 Lisa Lane, Ithaca, NY Dear Board members: Paul Velleman, a neighbor who resides at 15 Lisa Lane in the Town of Ithaca, has asked me to comment on the residential addition he plans to build this summer. It is Mr. Velleman's understanding that one or more conditions of his existing ten-year-old house may be at variance • with the current zoning regulations for an R15 Zone. This may necessitate requesting a zoning appeals hearing for review and approval of the addition and alterations proposed. This revelation concerns Mr. Velleman because his dwelling was found to be totally compliant with zoning regulations in 1982, and is consistent with the size and construction of many other homes in the vicinity. I have been apprised of the nature and extent of the proposed project and have no objection to its construction. The addition will be consistent with the character and style of houses in the neighborhood, will not be visible from Lisa Lane, and should have negligible environmental impact on my property . Sincerely, 4 ` /� F` Ocq q i .G 'c • 1 EXHIBIT # 3 • Sun, Jun 14, 1992 Board of Zoning Appeals Town of Ithaca 126 East Seneca Street Ithaca, NY 14850 Attn: Mr. Andrew Frost, CEO Board of Zoning Appeals Ref: Proposed Addition to 15 Lisa Lane, Ithaca, NY Dear Board members: Paul Velleman, a neighbor who resides at 15 Lisa Lane in the Town of Ithaca, has asked me to comment on the residential addition he plans to build this summer. It is Mr. Velleman' s understanding that one or more conditions of his existing ten-year-old house may be at variance ® with the current zoning regulations for an R15 Zone. This may necessitate requesting a zoning appeals hearing for review and approval of the addition and alterations proposed. This revelation concerns Mr. Velleman because his dwelling was found to be totally compliant with zoning regulations in 1982, and is consistent with the size and construction of many other homes in the vicinity. I have been apprised of the nature and extent of the proposed project and have no objection to its construction . The addition will be consistent with the character and style of houses in the neighborhood, will not be visible from Lisa Lane, and should have negligible environmental impact on my property. Sincerely, • 1 EXHIBIT # 4 �\ •,ill„'�t ; ,`y. ` . The Ithaca Journal . . Thursday , July ?; , 1992 " TOWN OF ITHACA Yr.... . ZONING BOARD ' OF APPEALS NOTICE OF PUBLIC HEARINGS WED., JUL7 8. 1992 7:00P.1010 By direction of the Chairman U + 01 the Zoning Board of Ap- peals NOTICE IS HEREBY GIVEN that Public Hearings Will be held byy the Zoning •'•.{' hoard of Appeals of the Towny Of Ithaca on Wednesday, Ju b 80 1992, in Town Hall, 12 _ East Seneca Street, (FIRST Floor, REAR Entrance, WEST :A1 Side_ 1, Ithaca, NY COW ME CING AT 7:O >bP.M. on 's" 3 the following matters: 6: APPEAL of Paul Velleman, Owner/Appellant, Brian But- tner, ut- [ thorizat�ontb requesting teBord o4 " y :. Appeals under Article XII Section 54, of the Town o) Ithaca Zoning Ordinance, to — enlarge a non-conforming "building/lot located at 15 t .,Lisa Lane, Town of Ithaca Tax 7 :Parcel No. 6.71 -1 -9.8 Resi- >: dence District R-15 . Tete en. lorgement consists of addi- tional living space to be added to the rear of an exist- > <y ting single-family home with a ?< budding height of 35 feet+ ' (30 feet maximum height al- lowed) . In addition to a non" r h 1conforming building height, said parcel has a width at the .street line of 50 feet±, 60 feet 11 being required. APPEAL of Kim Dunnick, Owner/ Appellant , Dan _McClure, agent, requesting a X;.IIII variance from the : requirements of Article IV Section 11 , Paragraph 6, o� the Town of Ithaca Zoning `Ordinance, ro construct a , residential building approx- imately 37 feet± in height (30 _ fheigght a4 eet maximum ifawed) located at 10 Lag- _rand Court, Town of Ithaca Ii Tax Parcel No. 6.45-1 -36; Cti Residence District R-15 . Said Zoning Board of Ap- ppeeals will at said time, `7:00p.m., and said place ,hear all persons in support of .such matters or objections thereto. Persons may appear -by agent or. Aerson ndrew S. Frost Building Inspector/Zoning Enforcement Officer 273.1747 July 3 1992 •