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HomeMy WebLinkAboutZBA Minutes 1999-11-10 TOWN OF ITHACA ZONING BOARD OF APPEALS : °� �\ �y� WEDNESDAY, NOVEMBER 10, 1999 7 : 00 P. M . APPEAL of Frank Rapponi , Appellant , requesting a variance from the requirements of Article IV , Section 14 and 16 of the Town of Ithaca Zoning Ordinance , to be permitted to create a building lot with a lot width at the street line and at the maximum front yard setback of 20 feet (60 feet and 100 feet required respectively) at 344 Coddington Road , Town of Ithaca Tax Parcel No . 42 = 1 -9 . 14 , Residence District R- 15 . APPEAL GRANTED APPEAL of Anna Stuliglowa , Appellant , David Tyler, Esquire , Agent , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a garage with a north side yard building setback of 7 . 8 ± feet ( 10 feet required ) at 545 Warren Road , Town of Ithaca Tax Parcel No . 70- 1 -57 , Residence District R- 15 . APPEAL GRANTED i TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY, NOVEMBER 10 , 1999 L 7 : 00 P. M . PRESENT: David Stotz, Chairperson (7 : 17 p . m . ) ; Harry Ellsworth , Vice Chairperson ; Ronald Krantz, Board Member; James Niefer, Board Member; Andy Frost , Director of Building/Zoning ; John Barney, Attorney for the Town . EXCUSED : Kirk Sigel , Board Member, ALSO PRESENT: Frank Raponi , 346 Coddington Road ; Anna Stuliglowa , 545 Warren Road ; David Tyler, 1059 Danby Road ; Tanya Garger, 547 Warren Road . Vice Chairperson Ellsworth led the meeting to order at 7 : 15 p . m . , stating that all posting , publication , and notifications of the public hearings had been completed . The first appeal to be heard was as follows : APPEAL of Frank Raponi , Appellant , requesting a variance from the requirements of Article IV, Section 14 and 16 of the Town of Ithaca Zoning Ordinance , to be permitted to create a building lot width at the street line and at the maximum front yard setback of 20 feet (60 feet and 100 feet required respectively) at 344 Coddington Road , Town of Ithaca Tax Parcel No , 42 - 1 -9 . 14 , Residence District R- 15 . Frank Raponi , 346 Coddington Road , stated that the house currently belongs to his granddaughters . He is the legal guardian until they become of age . His oldest granddaughter is 20 and the youngest is sixteen . The girls are able to sell the house when they are of age . In the event that he does not have a place to live , they would like to build a house on the back parcel . Mr . Raponi stated that he bought the property with his son . His son was to build a house in the front and he would build his house in the back. Andy Frost , Director of Building/Zoning , stated that the deficiency is that the Zoning Ordinance requires there be a width of 50 foot at the road front and opening up to 100 feet . They have 20-foot width of access to the back parcel of land . The square footage of the lot is in compliance . It does meet the depth of over 100 feet . It does have the width , but is back away from the road . Mr. Raponi stated that they gave up footage of the back parcel to add onto the original property of his son ' s . This allowed them to own the same amount of land . Mr. Frost stated that Mr. Raponi would like the current driveway to extend to the back lot for his future driveway. There is a road that runs past the property. The road leads to the water tower . Mr. Frost asked if Mr. Raponi owns the house across the street . Mr. Raponi responded that his cousin owns the house . They bought the property from his aunt. ZONING BOARD OF APPEALS PAGE 2 NOVEMBER 10 , 1999 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Chairperson Stotz asked if the house being built in the back lot would be an elder cottage . Mr. Raponi responded that it would be a house . Mr. Frost asked if it would be a modular home . Mr. Raponi responded that he is not sure at this point in time . Chairperson Stotz asked if this lot could be accessed from the road to the water tower. Mr. Raponi responded that his lawyer is looking into the possibility. Ithaca College owns the road . He would like to have it set up so that whoever owns the house in front of his property is required to keep maintenance up on the driveway. Anything beyond the driveway would be his responsibility. Attorney Barney stated that the easement is a Town of Ithaca easement . There have been times when the roadway has been chained off to keep people from going to the water tower. Mr. Raponi stated that there is a house in that area . They use the road to the water tower to get to their house . Chairperson Stotz asked if he would prefer to use the road to the water tower. Mr. Raponi stated that the Town recommended that he take the 20-feet back to his lot and give the house in front an equivalent to what he took . There is an easement from the early 1900s . The Town does not have to plow the road . Chairperson Stotz stated that the preference would be to extend the asphalt driveway. Mr. Raponi stated that the road to the water tower is not paved . It was a dirt road until two summers ago . The Town laid down crushed stone . This fall they laid fine stone and tar. The chain is adjacent to where his property ends . Chairperson Stotz opened the public hearing at 7 : 26 p . m . , and asked if any member of the public wished to be heard . With no persons present to be heard , Chairperson Stotz closed the public hearing at 7 : 27 p . m . Chairperson Stotz stated that there is no Environmental Assessment . MOTION made by Harry Ellsworth, seconded by James Niefer. RESOLVED, that this board grant the appeal of Frank Raponi, requesting a variance form the requirements of Article IV, Section 14 and 16 of the Town of Ithaca Zoning Ordinance, to be permitted to create a building lot with a lot width at the street line and at the maximum front yard ZONING BOARD OF APPEALS PAGE 3 NOVEMBER 10 , 1999 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED setback of 20 feet (60 feet and 100 feet required respectively) at 344 Coddington Road, Town of Ithaca Tax Parcel No. 42- 1414, Residence District R- 15 with the following condition: a. That if a house is constructed on the lot that it be constructed at least 50 feet west of the west line of Lot A. A vote on the MOTION was as follows: AYES: Stotz, Ellsworth, Krantz, Niefer. NAYS: None. ABSTENTION: None. The MOTION was carried unanimously. The second appeal to be heard was as follows : APPEAL of Anna Stuliglowa , Appellant , David Tyler, Esquire , Agent , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a garage with a north side yard building setback of 7 . 8 ± feet ( 10 feet required ) at 545 Warren Road , Town of Ithaca Tax Parcel No . 70= 1 = 57 , Residence District R- 15 . Mr. Niefer stated that he would have to abstain because of a possible conflict of interest . David Tyler, Agent , stated that this came to a surprise to the property owner . There had not been a survey of this property since it had been constructed . It has been in her family for over 20 years . They were preparing to go to closing provided a survey. The survey showed that the setback of the garage is between 8 . 8 and 7 . 8 feet . The garage does not predate the ordinance . The garage was constructed in the spring of 1980 . There is not a feasible way of solving this problem without a variance . It does not have any adverse affect on the neighborhood . The application states that there were no complaints of neighbors. One neighbor has expressed a concern about some wetness on their property. The property owner has moved the drain spouts away from the neighboring property owner. Mr . Frost asked how that was accomplished . The downspouts were discharging on Ms . Stuliglowa's property, but pointed in the neighbor' s direction . Anna Stuliglowa , 545 Warren Road , stated that the front down spout was moved to the intersection of the breezeway and the house . The gutter had to be lowered and directed to the right side of the driveway. The back down spout was moved to the intersection of the breezeway and the garage . It was dropped down . The asphalt was drilled and a pipe was put in under the asphalt . The pipe was let out in the garden area behind the garage . Chairperson Stotz asked when this was done . ZONING BOARD OF APPEALS PAGE 4 NOVEMBER 10, 1999 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Ms . Stuliglowa responded that it was done within the last week . Chairperson Stotz asked what is kept in the garage . Ms . Stuliglowa replied that the house is vacant . Mr. Krantz asked if drainage problems are common in the area . Mr. Frost responded that there is a serious problem throughout the area . He has done a site inspection and has met with the neighbor. Chairperson Stotz opened the public hearing at 7 : 37 p . m . , and asked if any member of the public wished to be heard . Tanya Garger, 547 Warren Road , stated that they have been good neighbors and have not complained about their problems . They feel that they need to have something done about their problems . Drainage is not the only problem . The driveway drains towards their property under their basement . There is a potential problem with student rentals . Ms . Garger stated that this is their chance to do something about the problems . They are not trying to stop the sale or to have the garage torn down . They would like their problems addressed at this time . The last survey was done in 1984 when the house was bought . Ms . Garger explained that they always knew the garage was too close , but they did not do anything about it . Chairperson Stotz asked Ms . Garger if part of the problem was that the property was rented last year. Ms . Garger responded that they did not have traffic problems before . The blacktop driveway is very close to their bedroom windows . The single gentlemen that lived in the house came home after midnight every night . They were woke up every time he came home . One morning the car was parked across the driveway. The fence needed to be fixed last spring because someone had bumped into it . It would not be costly to address the problem . Once the house is sold no one will do anything . Mr. Ellsworth asked how high is the fence . Ms . Garger stated that the fence is six feet high . Chairperson Stotz stated that there is a concern about noise . Another concern is that the driveway contributes to the noise . Ms . Garger replied that there are regulations about the distance between a driveway and property line . People have bumped into their fence before turning around in the driveway. If the turnaround space was built on the other side of the driveway it will provide a location to pile the snow. There is no place for the snowplow to put the snow except for above their house . ZONING BOARD OF APPEALS PAGE 5 NOVEMBER 10, 1999 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Krantz asked if the driveway placement in any violation . Chairperson Stotz stated that he was asked to read into the minutes that Mr . Steve Lucente of 546 Warren Road would like to speak in favor of having the variance granted . He is unable to attend . Attorney Barney asked Ms . Garger when she bought her property. Ms . Garger responded that they bought their property in 1984 . Attorney Barney asked if the garage was already constructed when they moved in . Ms . Garger replied that it was already constructed . Attorney Barney asked if there has been any change in the location of the garage . Ms . Garger responded no . Mr. Frost stated that he is not aware of any regulation that would dictate placement of a driveway in a residential zone . If the garage were not there , the problems would still be there . Mr. Krantz asked if there are any restrictions on renting property in the area. Attorney Barney responded that there are restrictions on occupancy in a single-family residential house . There cannot be more than 3 unrelated persons in the dwelling . Chairperson Stotz closed the public hearing at 7 : 45 p . m . Mr. Frost stated that his opinion is that the ground water problems are significant throughout the entire area . They are not unique to this location . The way the ground is sloped there is a fair slope coming from the neighboring property down . There is a slight valley that acts as a drainage way. He does not feel that any drainage coming off the driveway is contributing to the problems next door. If there are problems next door it is a result of ground waters moving all over the area . Chairperson Stotz asked if there is any way to address where the snow is being piled . Ms . Stuliglowa stated that this is the first time that she has heard of this problem . She did not know that the run -off from the snow was an issue . It is possible to have the snow be piled on the opposite side of the driveway. Mr. Frost stated that the fence acts as a barrier. When snow melts it is a gradual melt . The properties in this area will be more apt to experience flooding in the basement when there is flooding in the entire area . The location of the snow is not going to make a significant difference . ZONING BOARD OF APPEALS PAGE 6 NOVEMBER 10 , 1999 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Ms . Stuliglowa stated that her neighbors on the opposite have a similar house . They also improved their basement . These basements were not designed to be lived in . They then complained that they had terrible water problems . Their position was that the reason for their problems was the poor drainage in the front . The County does not maintain a good depth in the ditches . There is no place for the water to go . Mr . Frost stated that the developments of the driveways and parking areas for the Health Centers to the north of the properties have contributed to a fair amount of drainage problems in the area . Ms . Stuliglowa stated that when her father built the property he said that they have sump pump but they never use . In the early 1990s , the sump pump started to kick-on . Something changed in the early 1990s . Mr. Frost stated that Warren Road has been under extensive work by the County Highway Department . Chairperson Stotz stated that Ms . Stuliglowa made an effort to redirect the water from the roof as best she could . She has made an effort to mitigate the problem . MOTION made by Ronald Krantz, seconded by Harry Ellsworth. RESOLVED, that this board grant the appeal of Anna Stuliglowa, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a garage with a north side yard building setback of not less than 7. 6 + feet ( 10 feet required) at 545 Warren Road, Town of Ithaca Tax Parcel No. 70- 1 -57, Residence District R45 with the following conditions: a . That this board in making the determination finds that there are drainage problems in the general area of this house and adjacent houses, but that these drainage problems are area wide and not specifically related to this property. b. That the existent drainage problems can be corrected with this property. The applicant has taken steps to do so by relocating drainage spouts away from the ends of the house and more towards the center of the house. c. The garage has been in its present location for some 19 years without complaint until this meeting by any surrounding neighbors. The neighbor that complained bought their home at a point subsequent to the construction of the garage. d. That here has been no changes with respect to the garage and area surrounding the garage other than the improvements since the time that the neighbor to the north acquired the house. A vote on the MOTION resulted as follows: ZONING BOARD OF APPEALS PAGE 7 NOVEMBER 10 , 1999 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED AYES: Stolz, Ellsworth, Krantz. NAYS: None. ABSTENTION: Niefer, The MOTION was declared to be carried. OTHER BUSINESS : Mr. Frost stated that there are 3 cases for the December 8th meeting . One of which is the North Campus Residential Initiative . There is a special Town Board meeting next week for rezoning . If the rezoning is passed then there will be a special Planning Board meeting November 30th . It will then need to come to the Zoning Board of Appeals for special approval . Attorney Barney stated that he is not sure the Town Board will rezone . They will consider the rezoning . There is concern about the Moore House , The Town Board will have to deal with the issue . They may or may not be able to deal with the issue . The Town Board is divided on what should be done with the Moore House . If the Town Board does rezone then it will go back to the Planning Board . The Planning Board has a strong division as to what should happen to the Moore House . If everything is approved , then the project will be before the Zoning Board of Appeals in December. Mr. Frost stated that the City of Ithaca is done with their process . There are no buildings proposed in the Town . Chairperson Stotz stated that the issue for the Town is the Moore House . Attorney Barney stated that there were a lot of issues over traffic as well . It has been redesigned so that most of the traffic concerns have been mitigated . The real issue is if they should be required to leave the Moore House on site . Mr. Frost stated that Cornell Plantations had a building modification and they were coming before the Zoning Board of Appeals December 8th . He received a call from someone involved with the North Campus project saying that the other Cornell University project was canceling out their appearance so that they could be before the board . Mr. Frost stated that he called the agent for the other project . They knew nothing about it . With no other business , Chairperson Stotz adjourned the meeting at 7 : 59 p . m . 1 /w/ 11 J&tcl) Carrie Coates , Keyboard Specialist . J ZONING BOARD OF APPEALS PAGE 8NOVEMBER 10 , 1999 APPROVED - APPROVED - APPROVED - APPROVED - AP ROVED APP - PPROVED - APPROVED ") ) i ®avid Stotz, ChJerson .