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HomeMy WebLinkAboutZBA Minutes 1994-03-09 FILED FINAL TOWN Of ITHACIC Date Ir TOWN OF ITHACA Clerk 0 - k4 • ZONING BOARD OF APPEALS WEDNESDAY , MARCH 9 , 1994 The following appeals were heard by the Board on March 9 , 1994 : Appeal of Stephen De Gloria , Appellant , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to permit an existing single family residence to maintain side yard building setbacks of 13 . 9± feet ( 15 foot side yard building setbacks required ) . A Special Approval , under Article XII , Section 54 is also requested in order to permit the construction of an outside wood deck on the building ' s north side , with said deck being 13 . 9+ feet from the north side property line . Said building is located at 106 Clover Lane , Town of Ithaca Tax Parcel No , 59 - 2 - 5 , Residence District R- 15 . GRANTED . Appeal of David Bowlsby , Appellant , requesting a Special Approval from the Zoning Board of Appeals , under Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance , to maintain an accessory building along Cayuga Lake , on a non-conforming building lot located at 829 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25 - 2 - 38 , Residence District R- 15 . Said building lot is non- conforming since it is less than 15 , 000 square feet in area and less than 100 feet in lot width . GRANTED WITH A CONDITION . • Appeal of James Scarpulla , Appellant , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a single family residence with a 14 . 1 + foot west side yard building setback ( 15 foot setback required ) at 185 East King Road , Town of Ithaca Tax Parcel No . 45 - 1 - 54 , Residence District R- 15 , GRANTED . Appeal of John Lamb , Appellant , Richard Jump , Agent , requesting a Special Approval from the Zoning Board of Appeals , under Article IV , Section 13 of the Town of Ithaca Zoning Ordinance , to construct a two car garage with an attached carport within the required front yard of a building lot and approximately 10+ feet from the street line , at 901 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25 - 2 - 41 , Residence District R- 15 . The average slope of the land , at the front yard , exceeds an 8% fall from the street line . In addition , the appellant further requests a variance from the requirements of Section 13 , to construct said garage with a building height of 28+ feet ( 15 foot maximum height allowed ) , measured from the roof ridge to the lowest point of a supporting column at ground level . GRANTED WITH CONDITIONS . • i FILED 1 TOWN OF ITHACA TOWN OF ITHACA ZONING BOARD OF APPEALS Date MARCH 9 , 1994 ClerkLa �Q c[� • PRESENT : Chairman Edward Austen , Robert J . Hines Harry Ellsworth Pete Scala , Town Attorney John C . Barney , Zoning Enforcement Officer/Building Inspector Andrew Frost . ABSENT : Edward King . OTHERS : Stephen De Gloria , James Scarpulla , John Lamb , Richard Jump , David Bowlsby . Chairman Austen opened the meeting and stated that all posting , publication and notification of the public hearings had been completed and the same were in order . The first appeal to be heard by the Board was the following : Appeal of Stephen De Gloria , Appellant , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to permit an existing single family residence to maintain side yard building setbacks of 13 . 9+ feet ( 15 foot side yard building setbacks required ) . A Special Approval , under Article XII , Section 54 is also requested in order to permit the construction of an outside wood deck on the building ' s north side , with said deck being 13 . 9+ feet from the north side property line . Said building is located at 106 Clover Lane , Town of Ithaca Tax Parcel No . 59- 2- 5 , Residence District R- 15 . Chairman Austen asked Mr . Stephen De Gloria to give a run down on his situation . • Mr . De Gloria said his plans are to remodel the kitchen , convert the sun porch into a family room and also add a deck to the southwest corner of the house , as drawn on the map . He said when applying for the building permit he discovered this 15 foot setback and saw on the survey map that it is 13 . 9 feet . He checked with Mr . Frost and was told the structure was non- conforming , based on that fact he would have to apply for a variance for the setback . He looked up the original records and the plans for the building permit ( the home was built in 1960 ) and it showed a 15 foot setback , but apparently when it was surveyed , it showed a 13 . 9 foot seback . The house has changed hands a couple of times since that fact and he guesses this is the first time someone raised a flag on it . He bought the house in 1986 and he didn ' t know about the 15 foot setback and that 13 . 9 has been on that map for quite a while . Mr . Frost said a certificate of occupancy was not issued after the house sold in 1986 . He said a special approval appears on the zoning notice because after Mr . De Gloria does some interior renovations , Mr . De Gloria has some longer range plans for constructing a deck . This wasn ' t clear to me whether he needs a special approval to grant the side yard variance . The proposed deck is not going to extend further than 13 . 9 feet , should the board grant him the variance . The deck is on the south side of the property and not on the north side . He said when you look at the survey map in the top right hand corner , he saw the magnetic arrow and he thought that it was pointing north , toward the down side of the paper . The top portion of the arrow is missing on the copy . Mr . De Gloria said he has talked to all the neighbors on all sides personally and they understand that it is on the southwest side that this work will be done . He talked ® to the two neighbors on the north side because they were concerned when they saw north side on the advertisement They wondered why would he put the deck on the north side because it is too close and also at a higher elevation than their property . Mr . De Town of Ithaca 2 Zoning Board of Appeals March 9 , 1994 • Gloria said the only place the deck will go is in the back southwest corner of the home . He talked to the neighbor on the south side ( Sandy Larkin ) and he even discussed where he could stock pile some materials temporarily near the property while he does the construction and she had no problem with that . Mr . Ellsworth said the deck is going to be even with that south area . Mr . De Gloria said yes , as it is currently designed , he will not go beyond that edge of what is now the garage , and then above the garage will be the family room and he will not go beyond to the south any further than the line of the house . Mr . Hines said the house was built in 1960 . Mr . De Gloria said the house was built by Alex Chima and Mr . Frost said the permit was in 1960 but he didn ' t know when it was finished . Mr . Hines asked if the zoning ordinance was adopted in 1957 . Mr . Frost said 1954 was the first ordinance . He said 1960 was when they made significant changes . He said pre 1960 you could have all kinds of families in a house , it just said residential buildings . Then in 1960 they made it one or two families and there were some other changes too . Chairman Austen opened the public hearing . With no one present to speak , Chairman Austen closed the public hearing . Chairman Austen said it looks like they have 13 . 9 feet on both sides , so they are going to need a variance for both sides of the residence . Mr . Frost said he advertised it as setbacks plural . Chairman Austen said the front setback is fine , it is just that it is a narrow lot . Mr . Frost said it appeared from the building permit application in • 1960 that they borrowed some land on the south side to get the additional 8 feet to get the 15 foot setback . LOTION By Mr . Robert Hines , seconded by Mr . Pete Scala . RESOLVED , that the Board grant the applicant , Stephen De Gloria , an area variance with respect to the side yard setbacks along 106 Clover Lane , Town of Ithaca Tax Parcel No . 59 - 2 - 5 , both on the north side and the south side of said house , and particular to permit the construction of a deck extending to the west which will also be approximately 14 feet from the property on the south side of that property , with the following findings : 1 ) That the house was constructed in or about 1960 on a lot which was augmented by the acquisition of an additional building parcel by lot # 14 , to make the lot 70 feet wide and that the house is well centered on the lot but because of the narrowness of the lot , side yard deficiencies arose . 2 ) Apparently such deficiencies were not made aware to the current owner and applicant . 3 ) The impact on the neighbors is quite minimal and the devastating effect on the owner having to comply with the side yard setback is severe . ® 4 ) There is no significant impact on the neighbors as a result of the granting of this variance . A vote on the motion resulted as follows : Town of Ithaca 3 Zoning Board of Appeals March 9 , 1994 • AYES - Ellsworth , Scala , Hines , Austen . NAYS - None . The motion carried unanimously . The second appeal to be heard by the Board was the following : Appeal of James Scarpulla , Appellant , requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a single family residence with a 14 . 1+ foot west side yard building setback ( 15 foot setback required ) at 185 East King Road , Town of Ithaca Tax Parcel No . 45- 1- 54 , Residence District R- 15 . Mr . Hines wanted the record to show that some point in the last two years his office had done some work with Quigley , whom the applicant was associated with . Mr . Scarpulla said they participated in a closing three years ago . Mr . Hines asked Mr . Scarpulla if he had any problem if he sat on the board for this case and Mr . Scarpulla said absolutely not . Chairman Austen said this house was used as a model home . Mr . Ellsworth asked if they were using the garage and Mr . Scarpulla said yes , the garage was made into an office . Mr . Frost said the house was originally constructed with the office space being a garage . When Chase Farm went through the development , they could use the garage as part of their developmental offices . At which time , once they were done with the • development , they were to vacate the office and convert it back into a garage . The house was built with a 14 . 4 foot side yard setback , omitting the garage which is less than 15 feet , but as a garage it can be as close as 10 feet . We were going to go through Citizens Savings Bank , when they took the property back from Chase Farm Associates , to get the variance because Citizens wanted to keep the living space in the garage and not have a garage . Keeping it , meant that it was too close to the side yard line because it was designed for the setback of a garage use . Citizens Savings Bank did not pursue that variance and apparently sold the house to Mr . Scarpulla and he bought himself a zoning violation . Chairman Austen asked Mr . Scarpulla if they mentioned that when the bank sold him the house . Mr . Scarpulla said he actually closed on the house twice . He purchased the house for cash and then acquired the required financing . He was not aware until the second closing , until after he purchased the house initially that it was in violation of Article XIV . Chairman Austen said he was surprised at the bank because they certainly knew of the problem . Mr . Frost said there are copies of letters that he sent to the bank . Chairman Austen read the letter from the Tompkins Department of Planning . Mr . Frost informed the board that 239 - 1 &-m applies to properties that would include those projects that are within 500 feet of a state or county highway , King Road being a county road . Chairman Austen opened the public hearing . With no comments from the public , Chairman Austen closed the public hearing . Chairman Austen asked if this is made up into a living area . Mr . Scarpulla said yes it looks like a living room inside , it ' s wall to wall carpeted , has a tiled entrance , ® it has a two sets of double paned patio doors , it ' s divided into smaller rooms inside , it ' s heated , and it ' s fully finished . Chairman Austen said it would be a major job to convert it back into a garage and an added expense . Town of Ithaca 4 Zoning Board of Appeals March 9 , 1994 • Chairman Austen read the letter from John Little , 3 Chase Lane , dated February 14 , 1994 . MOTION By Mr . Robert Hines , seconded by Mr . Harry Ellsworth . RESOLVED , that this Board grant Mr . Scarpulla an area variance permitting the continued occupation of the dwelling house at 185 East King Road , Town of Ithaca Tax Parcel No . 45- 1 - 54 , a portion of which dwelling space is less than 15 feet from the westerly property line , showing on the survey to be 14 . 1 feet , with the following findings : 1 ) This property was constructed originally as a garage area , but was converted by a prior owner into a non- garage occupancy , at that time an office , and has been improved considerably and such improvements have continued . 2 ) That continued occupancy of the property as it exists imposes a very slight burden on any of the neighbors . In fact , the one neighbor who is closest indicated no objections to this . There is one vacant lot adjacent but they would notice that this exists before they buy and build and there is no detriment to anyone else . 3 ) The burdens imposed on Mr . Scarpulla , as owner of the property , to reconvert this are extensive by reason of the improvements which have . been made . Therefore the equities weigh very heavily in favor of the owner . • 4 ) The exterior appearance of the property has not been changed in any significant respect since its construction and4 obviously is compatible with the architecture of the neighborhood . 5 ) That there were no objections from the public . A vote on the motion resulted as follows : AYES - Ellsworth , Scala , Hines , Austen . NAYS - None . The motion carried unanimously . The third appeal to be heard by the Board was the following : Appeal of John Lamb , Appellant , Richard Jump , Agent , requesting a Special Approval from the Zoning Board of Appeals , under Article IV , Section 13 of the Town of Ithaca Zoning Ordinance , to construct a two car garage with an attached carport within the required front yard of a building lot and approximately 10± feet from the street line , at 901 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25-2-41 , Residence District R- 15 . The average slope of the land , at the front yard , exceeds an 8% fall from the street line . In addition , the appellant further requests a variance from the requirements of Section 13 , to construct said garage with a building height of 28+ feet ( 15 foot maximum height allowed ) , measured from the roof ridge to the lowest point of a supporting column at ground level . Town of Ithaca 5 Zoning Board of Appeals March 9 , 1994 • Mr . Frost said there have been some modifications of the project . If the board recalls when Dr . Lamb was in here for the original plans for the house , there was a model and the model showed there was a covered walkway leading down from the garage to the house . The covered walkway is eliminated , it will be a walkway , but there won ' t be a roof over it . The elevation sketches show a roofed walkway and that is out . Mr . Hines asked about the distance to the road edge . Mr . Frost said 10+ feet . It may actually be as close as 7 feet . Mr . Hines said they all knew there is a difference between the edge of the pavement and the right-of-way , so what are we talking about . Mr . Frost said from . the site sketches it is noted as edge of payment . Mr . Hines said the right-of -way extends well beyond the edge of payment . Mr . Lamb said on this site plan there is an indication of the right- of-way also . Chairman Austen said it looks like he has cleared the right-of-way by something less than 5 feet . Mr . Frost said it is maybe 7 feet because you can have the eaves of the garage . If you look on the sketch of the garage , there is a darkened rectangle which would be the supporting column of the garage . There is an eave which hangs over that by about a foot and a half and the zoning ordinance would accept a projection of 2 feet through eaves and other similar projections to be exempt from the setback . One could suggest that this is closer to 7 feet . Mr . Hines said this , in terms architecturally , is nothing unusual , just larger . Chairman Austen said they kind of looked at it as a package when he brought in the model back there and the covered walkway met the height variance . Mr . Frost said one could • argue that with this particular case , if one wanted to say that the covered walkway was actually part of the garage , then theoretically you could take the lowest point all the way down to the bottom of the walkway . Mr . Hines asked what the height at the roadside is . Mr . Lamb said it is 15 feet to the ridge . Chairman Austen said the only thing they are looking at is the footers and piers at the back of the garage . He said it is a similar problem , but not as pronounced . Mr . Frost said it is not clear to him since this is not an official survey map , whether the right- of-way line is in fact what ' s noted on the sketch here . Should the board decide in favor of granting the variance , perhaps it should be conditioned that they also have the approval from the state DOT , just in case there is some conflict . Discussion followed regarding the guide rails along the road and the right- of -way . Mr . Richard Jump , Dr . Lamb ' s contractor , said they were in touch with the state in regard to having to dig a trench to get to the sewage and water lines , which is on the state right- of-way . He didn ' t know to what extent the state r . o . w . encroaches on Dr . Lamb ' s property , he knows they are excavating to get to those . Mr . Frost asked if they knew if the garage was encroaching within the r . o . w . line or not . He said Peter Novelli drew in the r . o . w . line . Mr . Jump said he didn ' t know for sure . Chairman Austen read the letter from the Tompkins County Department of Planning . Chairman Austen opened the public hearing . With no comments from the public , Chairman Austen closed the public hearing . Mr . Scala said it shows a five foot setback on the drawing to some kind of piling . Mr . Lamb said it is the support columns for a little bit of the roof so he doesn ' t get wet . Mr . Scala said relative to the setback why is it marked five feet and not to the corner little overhang on the roof which would be three feet . Mr . Jump asked if Mr . Town of Ithaca 6 Zoning Board of Appeals March 9 , 1994 • Scala was talking about from the edge of pavment to the roof overhang? Mr . Frost said when he first received the application they reduced the site plan for the house which had the whole property on it and that had a scale of one to twenty . When they reduced it on the smaller page that the board has , the scale is way off . Mr . Frost asked Mr . Novelli , Mr . Lamb ' s engineer , to come in with a corrected site plan that showed the proper scale and that is the one that shows the five foot setback . Mr . Jump said what they are seeing in terms of that five foot setback is to the right- of-way , not to the edge of the payment . Mr . Frost said Mr . Novelli wrote in right- of-way . Mr . Jump said if you scale the prints of the original site plan , it ' s between 12 and 15 feet to the edge of the payment . Mr . Frost said he would concur . Mr . Scala asked what the setback is . Mr . Frost said it may , in fact , be 7 feet to the supporting column . The zoning ordinance would exempt a projection into a yard of no more than 2 feet for an eave or something similar . However this board chooses to decide , he thought 7 feet would certainly cover all the bases . Mr . Jump said Mr . Frost was talking about to the right- of-way . Mr . Frost said by definition of the zoning ordinance , the street line is the right- of-way line and not the pavement . Mr . Scala asked if this meant the special approval will also need a variance . Mr . Hines said the garage structure is within x feet of the road , whatever x is less than the required setback for structures . Mr . Frost said the ordinance says you can be within 5 feet of the street line by special approval where your grade exceeds 80 . It is still not clear whether they are into the right- of-way line . Mr . Frost said the reality is they may be as close as 5 to 7 feet from the paved portion of the road . Mr . Jump said the pavement is further west . Mr . Hines said that is not the boundary of the • road . He said the section of the ordinance said the grade is 80 or greater so they can place the garage in the front yard with whatever parameters are set forth . Mr . Frost said the parameter set is 5 feet within the street line and that street line by definition is the road right- of -way and not the paved portion , so they are a little unclear as to where the right- of-way line is . Mr . Hines suggested this approval be given subject to the solid evidence to the building commissioner regarding the issue as to the exact location . Mr . Jump said he could have DOT come down and map out where the right- of-way is and then measure back from that . ENVIRONMENTAL ASSESSMENT Chairman Austen read part II and part III of the environmental assessment form . MOTION By Mr . Harry Ellsworth , seconded by Mr . Robert Hines . RESOLVED , that the Board make a negative determination of environmental significance based on the review by Louise Raimondo on March 7 , 1994 , for the appeal by John Lamb for the property at 901 Taughannock Boulevard , Tax Parcel No . 25 - 2 - 41 , and based on the site plan dated March 4 , 1994 . A vote on the motion resulted as follows : AYES - Ellsworth , Scala , Austen , Hines . NAYS - None . The motion carried unanimously . Town of Ithaca 7 Zoning Board of Appeals March 9 , 1994 • Since members of the public had appeared , Chairman Austen reopened the public hearing . With no comments from the public , Chairman Austen closed the public hearing . MOTION By Mr . Robert Hines , seconded by Mr . Pete Scala . RESOLVED , that the Board grant a special approval to the applicant , John Lamb , for the construction of a the two - car garage and attendant facilities and appurtenances as shown on the site plan submitted in connection with this application and identified as excerpt from the site plan Dr . Lamb residence , 901 Taughannock Boulevard , dated March 4 , 1994 , with the following findings : 1 ) The grade of the property , on average , exceeds 8% from west east . 2 ) This is the only probable location to construct a garage for ingress and egress at Taughannock Boulevard . 3 ) The submitted construction plans are reasonable and favorable to the construction . 4 ) The architecture won ' t have any adverse impact on the neighborhood . 5 ) That the proposal complies with Section 77 , Paragraph 7 , Subparagraphs a- h . • 6 ) That there were no objections from anyone in the neighborhood . 7 ) Issuance of the building permit on the building inspector ' s receipt of evidence which is satisfactory to him that the construction does not impinge on the state highway right- of-way and that the setback of the pillar is at least 5 feet from the right- of-way line . 8 ) That the erosion plan be approved by the Town Engineer . A vote on the motion resulted as follows : AYES - Ellsworth , Scala , Austen , Hines . NAYS - None . The motion carried unanimously . MOTION By Robert Hines , seconded by Mr . Harry Ellsworth . RESOLVED , that the Board grants to the applicant , John Lamb , a variance from the requirements of the zoning law to permit the construction aforesaid to have a height and grade of the eastern most portion of it in excess of 15 feet , with 'the following findings : 1 ) The grade is such that it is improbable to locate the garage elsewhere . 2 ) The grade at the western most portion of the construction is a , 16 foot elevation , presuming the beam of the garage is level . Town of Ithaca 8 Zoning Board of Appeals March 9 , 1994 • A vote on the motion resulted as follows : AYES - .Austen , Hines , Ellsworth , Scala . NAYS - None . The last appeal to be heard by the Board was the following : Appeal of David Bowlsby, Appellant , requesting a Special Approval from the Zoning Board of Appeals , under Article %II , Section 54 , of the Town of Ithaca Zoning Ordinance , to maintain an accessory building along Cayuga Lake , on a non-conforming building lot located at 829 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25- 2-38 , Residence District R- 15 . Said building lot is non-conforming since it is less than 15 , 000 square feet in area and less than 100 feet in lot width . Mr . Bowlsby apologized for not being on time . He explained that he had called 11TKO and he was told the meeting was cancelled . Mr . Frost said the original appeal which was a year ago advertised this as being a special approval and / or use variance . At the very last meeting the board decided to have a new application made after determining that the building was not , by definition , being used as a dwelling unit , but that it was an accessory building . Since the eaf was done for a dwelling unit , the board felt a new application and eaf for an accessory building would be necessary . Mr . Frost continued with Mr . Bowlsby has made new application and we ' are here • tonight with a new eaf addressing the accessory building . He said the board also wanted Mr . Bowlsby to clarify exactly what each space of the building is and we have a rough sketch which he had initialed by adding a few things . On the top of the page where it says deck , the first room has a refrigerator . There is a sink but no stove . The next room down is a dining room , the next one is a living room , a bedroom , a shop , and a bathroom . Mr . Frost said Mr . Bowlsby was offering , through his attorney , to have some kind of deed restriction limiting the use of the building to an accessory . He said Mr . Bowlsby didn ' t want to go through that legal stuff until he knew what the board would require . He said the concern was the unit would not be rented out as a dwelling unit and that it be maintained as an accessory structure . He said the Army Corp of Engineers closed their files on this and felt that nothing was violated with regard to Mr . Bowlsby ' s application . Mr . Bowlsby said he had a permit to have the building there and then somebody saw something about the Army Corp that didn ' t look right to them . He said now he ' s in here to get a pump up toilet . Mr . Frost said when the Army Corp gave Mr . Bowlsby their permit , it originally said the building could not be used as living quarters . In the end when the question came up as to what they defined as being living quarters , they had no formal definition , hence they kind of said well , the building ' s ok and they finaled out their permit . He said they did give us a letter and that again was during the January 12 , 1994 meeting . Chairman Austen read the memo from Candace Cornell , Chair of the Ithaca Conservation Board dated February 17 , 1994 . • ENVIRONMENTAL ASSESSMENT Mr . Scala read part III of the environmental assessment form . Town of Ithaca 9 Zoning Board of Appeals March 9 , 1994 • MOTION By Mr . Robert Hines , seconded by Mr . Pete Scala . RESOLVED , this Board make a negative determination of environmental significance and adopt as findings in support thereof the environmental assessment report of the Assistant Town Planner , George Frantz dated March 4 , 1994 . A vote on the motion resulted as follows : AYES - Scala , Ellsworth , Hines , Austen . NAYS - None . The motion carried unanimously . Chairman Austen opened the public hearing . With no comments from the public , Chairman Austen closed the public hearing . Mr . Frost said the structure is below the high water mark on the lake . MOTION By Mr . Harry Ellsworth , seconded by Mr . Pete Scala . RESOLVED , that this Board grant to the applicant , David Bowlsby , a special approval • for the maintenance of an existing accessory structure to the east of his property , extending over the waters of Cayuga Lake , located at 829 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25 - 2 - 38 , as shown on the application , as well as the photos submitted in connection , with the following findings and condition : 1 ) That the structure is not a dwelling unit nor is it to be used as a dwelling unit . 2 ) That the structure has no facilities constructed as part of its operation for the preparation and cooking of food . 3 ) That the use is primarily a camp or recreational facility , as an adjunct to occupancy of the house . 4 ) That the need arises because of the rather steep bank and incline from the house to the lake and that otherwise the lake has practically no use to the applicant . 5 ) That the area in which the facility is located is the extreme south end of Cayuga Lake with only two houses south of the applicant . 6 ) That the Army Corp of Engineers has reviewed the matter and is taking no action and finds the use consistent with its regulations . 7 ) That it does not present any substantial aesthetic impediment to the enjoyment of the lake . Town of Ithaca 10 Zoning Board of Appeals March 9 , 1994 • 8 ) With the condition of the granting of this special approval , Mr . Bowlsby will prepare and file with the County Clerk of Tompkins County , a deed setting forth as a restriction and covenant running with the land , that this is a recreational facility not to be used as a dwelling unit and is in conjunction with the occupancy of the house and not rent it as a separate unit . A vote on the motion resulted as follows : AYES - Ellsworth , Scala , Hines , Austen . NAYS - None . The motion carried unanimously . Mr . Bowlsby said he originally came to have a pump up , can he have a pump up . It was left to the discretion of the building inspector . With no further business , Chairman Austen adjourned the meeting . Dani L . Holford Building / Zoning Department Secretary • 44A 6 Edward Austen , airman FINALTOWN OF ITHACA ZONING BOARD OF APPEALS • NOTICE OF PUBLIC HEARINGS WEDNESDAY , MARCH 9 , 1994 7 . 00 P . M . By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday , March 9 , 1994 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR Entrance , WEST Side ) , Ithaca , N . Y . , COMMENCING AT 7 : 00 P . M . , on the following matters : Appeal of Stephen De Gloria , Appellant , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to permit an existing single family residence to maintain side yard building setbacks of 13 . 9+ feet ( 15 foot side yard building setbacks required ) . A Special Approval , under Article XII , Section 54 is also requested in order to permit the construction of an outside wood deck on the building ' s north side , with said deck being 13 . 9+ feet from the north side property line . Said building is located at 106 Clover Lane , Town of Ithaca Tax Parcel No . 59 - 2 - 5 , Residence District R- 15 . Appeal of David Bowlsby , Appellant , requesting a Special Approval from the Zoning Board of Appeals , under Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance , to maintain an accessory building along Cayuga Lake , on a non- conforming building lot located at 829 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25 - 2 - 38 , Residence District R- 15 . Said building lot is non- conforming since it is less than 15 , 000 square • feet in area and less than 100 feet in lot width . Appeal of James Scarpulla , Appellant , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a single family residence with a 14 . 1 + foot west side yard building setback ( 15 foot setback required ) at 185 East King Road , Town of Ithaca Tax Parcel No . 45 - 1 - 54 , Residence District R- 15 . Appeal of John Lamb , Appellant , Richard Jump , Agent , requesting a Special Approval from the Zoning Board of Appeals , under Article IV , Section 13 of the Town of Ithaca Zoning Ordinance , to construct a two car garage with an attached carport within the required front yard of a building lot and approximately 10+ feet from the street line , at 901 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25 - 2 - 41 , Residence District R- 15 . The average slope of the land , at the front yard , exceeds an 8% fall from the street line . In addition , the appellant further requests a variance from the requirements of Section 13 , to construct said garage with a building height of 28+ feet ( 15 foot maximum height allowed ) , measured from the roof ridge to the lowest point of a supporting column at ground level . Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Andrew S . Frost Building Inspector / Zoning Enforcement Officer 273 - 1783 Dated : February 29 , 1994 Publish : March 4 , 1994