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HomeMy WebLinkAboutZBA Minutes 2001-03-19 A71 TOWN OF ITHACA ZONING BOARD OF APPEALS MONDAY, MARCH 19 , 2001 7 : 00 PM APPEAL of Richard Walker, Owner/Applicant , George R . Van Valen , Agent , requesting a special approval from the Zoning Board of Appeals under Article XIII , Section 70 of the Town of Ithaca Zoning Ordinance , to be permitted to move more than 2 , 500 cubic yards of fill material , located near 999 Coddington Road , Town of Ithaca Tax Parcel No . 47-2-6 . 5 , Residence District R-30 and also within the Six Mile Creek Conservation Zone . APPEAL GRANTED APPEAL of Rocco Lucente , Owner/Appellant , Donald Miller, Agent , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a two-family home with a rear yard setback of 28 ± feet (30 foot setback required ) , located at 107 Briarwood Drive , Town of Ithaca Tax Parcel No . 70- 10-32 , Residence District R- 15 . APPEAL GRANTED ADJOURNED APPEAL of Margaret Rumsey , Appellant , requesting a variance from the requirements of Article V , Section 18 and 19 , and Article XIII , Section 68 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a Bed and Breakfast operation , with up to ten guests in a single-family residence and up to four guests in a detached second dwelling unit at 110 East Buttermilk Falls Road , Town of Ithaca Tax Parcel No , 38- 1 -2 , Residence District R-30 . An approval was granted on January 182 1984 to permit up to eight guests in one residence only. APPEAL ADJOURNED TOWN OF ITHACA ZONING BOARD OF APPEALS FII MONDAY, MARCH 19, 2001 DATE 7 : 00 PM PRESENT : Kirk Sigel , Chairperson ; Harry Ellsworth , Board Member; James Niefer, Board Member; Andy Frost , Director of Building/Zoning ; John Barney , Attorney for the Town ; Mike Smith , Environmental Planner. EXCUSED : David Stotz, Board Member; Ronald Krantz , Board Member. OTHERS % George Van Valen , 110 Van Dorn Road ; Donald Miller, Trumansburg NY; David & Margaret Rumsey, 110 East Buttermilk Falls Road . Chairperson Sigel led the meeting to order at 7 : 06 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 Richard Walker, Owner/Applicant , George R . Van Valen , Agent , requesting a special approval from the Zoning Board of Appeals under Article XIII , Section 70 of the Town of Ithaca Zoning Ordinance , to be permitted to move more than 2 , 500 cubic yards of fill material , located near 999 Coddington Road , Town of Ithaca Tax Parcel No . 47-2 -6 . 5 , Residence District R-30 and also within the Six Mile Creek Conservation Zone , George Van Valen , 110 Van Dorn Road - We are looking for approval to construct two ponds and a limited access driveway on the site . It is over 2 , 500 yards of fill to be moved . Chairperson Sigel - Does the driveway go up to the cabin ? Mr. Van Valen - No . The driveway is 900 feet from the cabin . Mr. Ellsworth - Have you seen the comments from the County? Mr, Van Valen - Yes . Mr. Ellsworth - Do you have a response to the County's concerns ? Mr. Van Valen - I do not consider the slope steep . It is less than a 20% slope in the middle of a farmed hay field . The purpose for two ponds is that this is a catchman area north of the proposed cabin site . The first pond is a silt pond to slow the water down before it gets to the second pond . The water from the second pond will exit back into the existing drainage way. Mr. Niefer - Has an engineer reviewed the pond ? What is the strength of the pond and the walls of the pond ? ZONING BOARD OF APPEALS PAGE 2 MARCH 19 , 2001 APPROVED - APPROVED - APPROVED - APRIL 16, 2001 - APPROVED APPROVED - APPROVED Mr. Van %a!`en� I- provided cross sections of the pond to the board . am an excavator. The ponds -ar&rraniregu+atetl'. ' 'They do not require DEC approvals because of the size . Mr . Smith - The plans have been reviewed by the Town Engineer. Mr. Niefer - The pictures indicate that the project has been started . Mr. Frost - Mr. Van Valen stopped work on the site when the Town brought it to his attention that he needed permits . Mr. Ellsworth - Have you constructed larger ponds with this type of slope ? Mr. Van Valen - Yes . There is a substantial dyke on the first pond . The pond does not retain a tremendous amount of water. The inside pond will be significantly less . Mr. Niefer - Does the lower pond have a spillway for an excessive amount of water? Mr. Van Valen - Yes . Each pond has a primary spillway . The ponds have been constructed so that there is two feet between the top of the dyke and the pond . There would be a primary overlay and spillway out and around the pond . It is an earth spillway . Mr. Niefer - Does either pond have a stand pipe ? Mr. Van Valen - No . Attorney Barney - Is anything being put on the water side of the dyke t� preserve it? Mr. Van Valen - No . The ponds are for recreation . Typically the inside of a pond would be a two on one slope . It is fairly steep . The purpose is so that it does not have weed growth on it . The pond would be vegetated down to the water level . Anything disturbed in t e area will be reseeded with a conservation mix . Evergreen barriers will be put up . Chairperson Sigel - Is there a requirement for fencing around the pond ? Mr. Van Valen - I am not aware of any requirements . ENVIRONMENTAL ASSESSMENT : Mr . Smith - This was reviewed by the Environment Review Committee . Chairperson Sigel opened the public hearing at 7 : 16 p . m . With no persons present to be heard , Chairperson Sigel closed the public hearing at 7 : 17 p . m . RESOLUTION NO. 2001 - 13 - ENVIRONMENTAL ASSESSMENT - Richard Walker Coddin ton Road, Tax Parcel Number 47. -2-6. 5, March 19, 2001 . ZONING BOARD OF APPEALS PAGE 3 MARCH 19, 2001 APPROVED - APPROVED - APPROVED - APRIL 16, 2001 - APPROVED - APPROVED - APPROVED MOTION made by Kirk Sigel, seconded by Harry Ellsworth. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Richard Walker, requesting a special approval from the Zoning Board of Appeals under Article Xlll, Section 70 of the Town of Ithaca Zoning Ordinance, to be permitted to move more than 2, 500 cubic yards of fill material, located near 999 Coddington Road, Town of Ithaca Tax Parcel No. 47. -2-6. 5, Residence District R-30 and within the Six Mile Creek Conservation Zone, based upon the findings contained in the environmental review completed by the Planning Department on March 9, 2001 . A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Niefer. NAYS: None. The motion was declared to be carried unanimously. RESOLUTION NO. 2001 - 14 - Appeal of Richard Walker, Coddington Road, Tax Parcel Number 47. -2-6.5, March 19, 2001 . MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED, that this board grants the appeal of Richard Walker, requesting a special approval from the Zoning Board of Appeals under Article Xlll, Section 70 of the Town of Ithaca Zoning Ordinance, to be permitted to move more than 2, 500 cubic yards of fill material, located near 999 Coddington Road, Town of Ithaca Tax Parcel No. 47. -2-6. 5, Residence District R-30 and within the Six Mile Creek Conservation Zone, based upon the following: a , this approval is subject to any conditions imposed by the Planning Board's resolution dated March 13, 2001 ; b, the applicant has met the conditions for special approval under Section 77, subdivision 7, subparagraphs a-h. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Niefer. NA YS: None. The motion was declared to be carried unanimously. The second appeal to be heard was as follows : APPEAL of Rocco Lucente , Owner/Appellant , Donald Miller, Agent , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to ZONING BOARD OF APPEALS PAGE 4 MARCH 19, 2001 APPROVED - APPROVED - APPROVED - APRIL 16, 2001 - APPROVED - APPROVED - APPROVED construct a two-family home with a rear yard setback of 28 ± feet (30I foot setback required ) , located at 107 Briarwood Drive , Town of Ithaca Tax Parcel No . 70- 10-32 , Residence District R- 15 . Donald Miller, Trumansburg NY - I moved the house back on the lot in order to save the mature shade tree . Chairperson Sigel - Would twenty-eight feet be sufficient for the variance ? Mr. Miller - Yes . The house is setback five feet further than it should have been . Chairperson Sigel opened the public hearing at 7 : 20 p . m . With no persons present to be heard , Chairperson Sigel closed the public hearing at 7 : 21 p . m . RESOLUTION NO. 2001 - 15 - Appeal of Rocco Lucente, 107 Bri . rwood Drive, Tax Parcel No. 703- 10-32, March 19, 2001 . MOTION made by Harry Ellsworth, seconded by James Niefer. RESOLVED, that this board grants the appeal of Rocco Lucente, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a two-family home with a rear yard setback no closer th n 28 feet to the rear lot line, located 107 Briarwood Drive, Town of Ithaca Tax Parcel No. 70- 10-32, Residence District R- 15, based up on the following: a . the agent has indicated the house was setback in order to save a mature tree; and b, the detriment to the community is outweighed by the detriment to the landowner; and C, no one has appeared before the board to object to the appeal. The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Niefer. NAYS: None. The motion was declared to be carried unanimously. The board took a brief recess from 7:25 p. m. until 7:32 p. m. The third appeal to be heard was as follows : ADJOURNED APPEAL of Margaret Rumsey , Appellant , requesting a ariance from the requirements of Article V , Section 18 and 19 , and Article XIII , Section 68 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a Bed and Breakfast operation , with up to ten guests in a single-family residence and up to four guests in a detached second dwelling unit at 110 East Buttermilk Falls Road , ZONING BOARD OF APPEALS PAGE 5 MARCH 19 , 2001 APPROVED - APPROVED - APPROVED - APRIL 16, 2001 - APPROVED - APPROVED - APPROVED Town of Ithaca Tax Parcel No . 38- 1 -2 , Residence District R-30 . An approval was granted on January 18 , 1984 to permit up to eight guests in one residence only . Chairperson Sigel - The board has received financial statements from Mrs . Rumsey since the last meeting showing income and expenses for 1998 and 1999 . David Rumsey, 110 East Buttermilk Falls Road - I put the financial statements together based on Schedule C of the income tax returns . The main purpose was to give some representation of the percentage of the income coming from the Arbor Cottage , In 1998 and 1999 16% of the total gross revenues is coming from the Arbor Cottage . The income for 1998 from the Arbor Cottage was $ 12 , 125 . The income for 1999 from the Arbor Cottage was $ 13 , 500 . The income for the year 2000 was $26 , 184 . 1 do have all the information for the tax year 2000 , but have not completed the tax returns . From 1998 to 1999 , went from a loss of $ 16 , 000 and changed to a loss of $28 , 823 . We also need to take depreciation into consideration . Depreciation is an actual cash flow loss . The primary purpose of this is to answer the board 's request for showing the contribution from the Arbor Cottage . The trend is up for the Arbor Cottage . It would leave Mrs . Rumsey with a substantial loss of revenue if she were unable to rent the Arbor Cottage . Chairperson Sigel - What is the cost of goods sold ? Does Mrs . Rumsey sell actual products? Mr. Rumsey - No . It is the cost of meals . Attorney Barney - Is it an estimated figure? Mr. Rumsey - It is a rounded number. Mr. Frost - There was approximately $25 , 000 spent on repairs and maintenance between 1998 and 1999 . We did not issue any building permits for work during that period of time . Mrs . Rumsey - I repaired the roof. I had work done on the back portion of the Arbor Cottage . Mr. Rumsey - Mrs . Rumsey replaced the Texture 111 of the Arbor Cottage . There is no down spouting on the building . There is a concrete platform from a prior barn that burned down in 1977 . The back of the building had snow and water run -off that splatters on a concrete slab next to the Arbor Cottage . Mr. Niefer - Are the figures shown directly from the income tax forms? Mr. Rumsey - Yes . It is from Schedule C . Chairperson Sigel - Do you think a property in a residential district should produce a positive cash flow for someone who lives there ? Should the owner of a two unit house expect the rental income to cover the mortgage , taxes , utilities , all repairs and provide a positive cash flow? ZONING BOARD OF APPEALS PAGE 6 MARCH 19 , 2001 APPROVED - APPROVED - APPROVED - APRIL 16, 2001 - APPROVED - APPROVED - APPROVED Mr. Rumsey - In a residential neighborhood that was like my neighborhood , which has houses on both sides of the street , an owner should not expect to have a positive cash flow. The neighborhood we are talking about I grew up in . During the earlier years of nay childhood it was more of a residential neighborhood . There is a condemned house owned by the State in the neighborhood . We have a hard time renting the house next to ours . Mr. Powers is cross the street . At one point there was a doctor's office across the street . This is a residential neighborhood in name , but it is not a typical residential neighborhood . It does not strike me as unusual to try to obtain a positive cash flow out of this building . It would be unusual in the neighborhood that i live . Chairperson Sigel - Do you think of this area as a commercial area ? Mr. Rumsey - Essentially. Everything around the property is a commercial type of use . At one point this area was commercial . It is an area that does not fit a residential type of mode . I do not think it is going to , especially with Southwest Park. Mrs . Rumsey - I intend to stay at the property . It is my home . The bed and breakfast is a business done in a home . Most bed and breakfasts are homes . It is my business . It is my means of earning a living . I expect to have a positive cash flow in most of the years . Mr. Ellsworth - Is the bed and breakfast your primary income besides social security? Mrs . Rumsey - Yes . I own the house next door. Sometimes it is a positive cash flow and sometimes it is a negative cash flow . Mr. Niefer - Do any of the figures include the cost for the house next door or Quonset Hut? Mrs . Rumsey - No . Mr. Niefer - There is a new fire hydrant near the property . Do you have public water? Mrs . Rumsey - I have public water and sewer. The Town of Ithac asked permission because it would save the parks a lot of money if they did not have to go around my property . I did not want it , but I did it as a favor to the Town of Ithaca . Mr. Rumsey - I have clients who are cash business clients . I was in a meeting with someone putting together a restaurant chain . The gentleman was concerned about a number of things . I could tell what he was really saying was that he does not record all the cash . It is probably worth noting that my mother does report all the cash . This is a cash business . The payment is taken in advance . I advised this person to report all the cash . Attorney Barney - How many of the expenses are variable expenses? I assume that if the Arbor Cottage did not have to be maintained , furnished and laundered , the there would be a reduction in the expenses . Mr. Rumsey - The main reduction in expense would be the laundering . However, I have noticed that the Arbor Cottage requires a chunk of expenses once in a while . The T- 111 siding is an example . ZONING BOARD OF APPEALS PAGE 7 MARCH 19 , 2001 APPROVED - APPROVED - APPROVED - APRIL 16, 2001 - APPROVED - APPROVED - APPROVED The Arbor Cottage occasionally will have problems where it needs new carpeting . The primary expenses are laundering and outfitting for new sheets . Mr. Niefer - The roof of the cottage is high peaked . Can you assure the board that there is no intention of adding a loft bedroom ? Mr. Rumsey - The area is needed for family storage . There is no intention of turning the area into a loft bedroom . It would not be cost efficient . Mr. Ellsworth - Are there any major repairs left for the Arbor Cottage ? Mr. Rumsey - The Arbor Cottage needs minor face lifting . There are small items that need to be repaired . I did not notice anything that was significant in terms of cost . Mr. Frost - The original approval for the bed and breakfast was for eight persons in the main house . It is not clear where we have gone from what was approved . Attorney Barney - Do the real estate taxes for 1999 include the main house , Arbor Cottage and the two buildings? Mr. Rumsey - I am not sure what percentage is listed of the total taxes . Chairperson Sigel - A portion of the property is allocated as personal use? Mr. Rumsey - The breakouts are usually conservative . Some of the expenses listed are actually higher in real dollars . It would not necessarily be justified as showing the full item . Attorney Barney - How much more are the total expenses or does this represent all the cost? Mr. Rumsey - The expenses presented to the board represent the vast majority. Attorney Barney - Is the entire property under one assessment? Mr. Rumsey - There are three separate parcels with three separate tax bills . Attorney Barney - Are all the property taxes for the parcel that contains the main house and Arbor Cottage reflected in the $5 , 700 shown for 1999 taxes ? Mr. Rumsey - I believe the number is partially allocated to personal use . The other two parcels are the Quonset but and the house next door. Their taxes are not included in the expenses . Attorney Barney - Would it hold true for insurance , repairs and maintenance? Mr. Rumsey - I do not know about the insurance . I would expect that most of the repairs and maintenance on the house are included in the numbers . ZONING BOARD OF APPEALS PAGE 8 MARCH 19, 2001 APPROVED - APPROVED - APPROVED - APRIL 16, 2001 - APPROVED - APPROVED - APPROVED Attorney Barney - The ultimate question is what is the revenue streTm on the house . We need to factor in a value for Mrs . Rumsey living on the property . This would lead to a reduction on the expense side . Mrs . Rumsey - The accountant I had for the last six or sevenyears moved out of the area . I have a new accountant for this year . I would not be living in this house if I were not doing bed and breakfast . I need it in order to be able to live there . My entire house is available to the entire public coming through . I use the bedroom that is not rented . Chairperson Sigel - I am sympathetic to Mrs . Rumsey's case . I have a difficult time justifying what I see as a rather substantial expansion . This is a substantial variance to allow a second dwelling unit and then to allow the bed and breakfast to expand into the detached dwelling unit in a residential district . I am sympathetic to the argument that it is a less traditional residential district . I would feel more comfortable with this district being rezoned . Mr. Ellsworth - I feel this is a commercial district . The Town has it list d as a residential district . The area does not appear as a residential district . The Town needs to �ook at this area . This area is surrounded by commercial area . The State Park makes it attractive for persons to stay at Mrs . Rumsey's bed and breakfast . This is not a clear case . The board has to take into consideration the precedent . There are special circumstances for this case and it is the neighborhood . I do not see it as a big problem . I am presuming that all requirements and permit have been obtained from the Town . Mr. Niefer - My concern is over life safety issues that relate to the Arbor Cottage and main house . I would like the approval to be contingent upon the house and the cottage being brought up to codes and safety standards . This is a particularly unique two or three parcels of property controlled by the same person . The State Park is a commercial venture . I do not think it would change the character of the neighborhood to grant permission to use the Arbor Cottage as a bed and breakfast . It appears Mrs . Rumsey would have to sell property in order to maintain her home . Her continued use of the property and quiet enjoyment of the property is contingent upon having a source of income . It would make it more difficult for her without the cottage revenue . Mrs . Rumsey does have some benefit of living on the property , but it is the nature of a bed and breakfast operation . Chairperson Sigel - Everyone probably agrees that as a strict resider ce it is not appropriate for one person . It is a large house . Mr. Rumsey - It is hard to keep residents in the area . I expect if Mrs . umsey did not run the bed and breakfast there would be moves made for her to move out of the hou ;e . I do not see a family come running to move into this large house . Chairperson Sigel - How would the board feel if an application were made by a neighbor living across Route 13 to create a bed and breakfast? Mr. Ellsworth - I would be comfortable with the house next door being a bed and breakfast . I would want to see the finances as we asked for in this appeal . I would like to go through the use variance requirements . ZONING BOARD OF APPEALS PAGE 9 MARCH 19 , 2001 APPROVED - APPROVED - APPROVED - APRIL 16, 2001 - APPROVED - APPROVED - APPROVED Chairperson Sigel - I assume the finances for the houses in the area would work out similar. There is nothing magical about this house . Everyone has to pay taxes , insurance and maintenance . Mr. Ellsworth - The first requirement for a use variance is that the applicant cannot obtain a reasonable economic return . We have received the finances for the bed and breakfast . The alleged hardship is unique . The hardship is unique because of the surrounding properties and does not apply to a substantial portion of the district or neighborhood . The requested use variance , if granted , will not alter the essential character of the neighborhood . The neighborhood is changing . It has changed . The alleged hardship has not been self-created . I would not want to move if I were Mrs . Rumsey . The house has been in the family for several generations . Chairperson Sigel - What should the board consider the district or neighborhood ? I have a hard time justifying the situation is unique if the neighborhood only includes the few surrounding houses . I find it much easier to find the situation unique if we include the area of the R-30 district . Attorney Barney - The board should look at it in a wider area than just this particular piece of property. There can be more than one property in the area that is unique . The criterion I am concerned with is the financial aspect . We do not normally look at cash flow as being a measure for receiving a reasonable return for homes . Chairperson Sigel - Could we work in the argument that this area is part of a greater neighborhood ? Attorney Barney - The board could , if it is in the findings . Chairperson Sigel opened the public hearing at 8 : 22 p . m . John Powers , 106 West Buttermilk Falls Road - I have heard discussions regarding the zoning and how it would fit in . I have heard negotiations on what would be the spirit of a decision . I have heard discussion on what would be unique . People can pass through our neighborhood in less than three seconds since most people travel 50 mph instead of 30 mph . It is hard to see our neighborhood . The cost of taxes have risen . It is not at her making . The cost of maintenance has increased . Mrs . Rumsey has not manufactured her hardship . It has become an endurance to be there . Chances are if Mrs . Rumsey moves and I move , no one will move into the neighborhood . It is us that is keeping it alive as a residential neighborhood . Mr. Frost - There are a variety of houses along Route 13 , Mr: Powers - They do not share the uniqueness of being bounded by a Park and an extremely heavy commercial area . Mr. Frost - People live in a variety of places . People live along Route 13 from Ithaca to Dryden . The areas have developed . ZONING BOARD OF APPEALS PAGE 10 MARCH 19, 2001 APPROVED - APPROVED - APPROVED - APRIL 16, 2001 - APPROVED - APPROVED - APPROVED Mr. Powers - We are going to be looking at a 200 , 000 square foot development 60 feet from our property line . Someone could not afford to move in as a residence if we were to move out . It has been stated by the board that they consider this area a commercial area . The area is becoming worth more as a commercial area . Mr. Frost - It is a prime location for a bed and breakfast . Mr. Powers - I do not see any problems being created . It is a unique situation . It is best for the neighborhood . Chairperson Sigel closed the public hearing at 8 : 26 p . m . ENVIRONMENTAL ASSESSMENT: Mr. Smith - There is nothing significant identified . Traffic and drainage are not a concern . RESOLUTION NO. 2001 - 16 - ENVIRONMENTAL ASSESSMENT = Margaret Rumsey, 110 East Buttermilk Falls Road Tax Parcel Number 38. 4 -2 March 19 2001 MOTION made by Harry Ellsworth, seconded by James Niefer. RESOLVED, that this board makes a negative determination of end ironmental significance in the matter of Margaret Rumsey, requesting a variance from the requirements of Article V. Section 18 and 19, and Article Xlll, Section 68 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a Bed and Breakfast operation, with up to ten guests in a single-family residence and up to four guests in a detached second dwelling unit at 110 East Buttermilk Falls Road, Town of Ithaca Tax Parcel No. 38- 1 -2, Residence District R-30, based upon the environmental review completed by the Planning Department on February 13, 2001 . The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Niefer. NAYS: None. The motion was declared to be carried unanimously. Mr. Niefer - At the last meeting there was discussion regarding if there would be ten or eight persons staying in the main house . Chairperson Sigel - The request is to have ten persons in the main house and four persons in the detached unit . The current variance allows eight guests in the main Douse . We need to look at the appeal as three actions . One is to allow the detached unit as a dwelling unit . It could be allowed as a dwelling unit , but not allow the bed and breakfast to occupy the space Another variance would be to allow ten guests in the main house . ZONING BOARD OF APPEALS PAGE 11 MARCH 19 , 2001 APPROVED - APPROVED - APPROVED - APRIL 16, 2001 - APPROVED - APPROVED - APPROVED Mr. Ellsworth - Do you feel that you need the total numbers to make this financially feasible ? Mrs . Rumsey - Yes . It is not a twelve month busy time . When parents come with their children to Cornell or Ithaca College , they often come on Friday night with three persons . Then there are only two persons on Saturday . Two of my rooms have an antique daybed for the third person . This is the reason why I am asking for ten persons . This is only occasional . I am open year round for business . There is an occasional opportunity for a third person in the room . The Health Department has approved it . I am ordering the 1 , 000 pound ladders . I need the extra ability for when the guests need it . We started in 1983 as a bed and breakfast . There are many bed and breakfasts that do not collect the sales tax, room tax, and meet the codes . Mr. Ellsworth - Do you need this number of persons in order to make this operation financially feasible? Mrs . Rumsey - Yes . When I first started in 1983 , the Arbor Cottage was a real estate office . It was my husband ' s and my office . Mr. Ellsworth - We are discussing your financial future so that you can remain living on the property . Is this number of persons needed in order to allow you to survive financially? Mrs . Rumsey - Yes . I need the occupancy . Mr. Niefer - Are there two bedrooms in the cottage? Mrs . Rumsey - There is not a door between the two rooms . The entrance door is in the center of the room . There is a queen bed to the left and twin beds to the right . It is nice for a family. Mr. Niefer - How many bedrooms are there in the main house ? Mrs . Rumsey - There are five bedrooms in the main house . I rent out four bedrooms . During the winter I use the Jacuzzi suite . Attorney Barney - Are there ever any circumstances where all five bedrooms are rented ? Mrs. Rumsey - There have been occasions . I no longer rent all five bedrooms . Attorney Barney - The board could condition the approval that at no time more than four bedrooms in the main house are to be occupied by guests . Mr. Rumsey - My brothers and I have asked Mrs . Rumsey to consider slowing down . The family feels it would be wise if she were to figure out how to rent less space for physical health . A bed and breakfast can be a seven day per week business . Mr. Ellsworth - The applicant would need to come back before the board in order to be permitted to rent all five bedrooms . i ZONING BOARD OF APPEALS PAGE 12 MARCH 19 , 2001 APPROVED - APPROVED - APPROVED - APRIL 16, 2001 - APPROVED - APPROVED - APPROVED Attorney Barney - The board could grant a time limited variance . Chairperson Sigel - Another condition could be that the property is owner occupied . RESOLUTION NO. 200147 - Appeal of Margaret RumseV, 110 East Buttermilk Falls Road, Tax Parcel Number 38. 44, March 19, 2001 . MOTION made by Harry Ellsworth, seconded by James Niefer. RESOLVED, that this board grants the appeal of Margaret Rumsey, 'requesting a variance from the requirements of Article V, Section 18 and 19, and Article Xlll, Section 68 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a Bed and Breakfast operation; with a maximum of ten guests in a single-family residence and a maximum of four guests in a detached second dwelling unit at 110 East Buttermilk Falls Road, Town of Ithaca Tax Parcel No. 38- 1 -2, Residence District R-30, based upon the following findings and conditions: Findings: a . the applicant cannot obtain a reasonable economic return from the property; and b, an insufficient return has been established by the submitted expense and tax information; and C, the alleged hardship relating to this property is unique in that it �s surrounded on two sides by a State park, one side by the commercial area of the City of Ithaca, and one side by a piece of property owned by the applicant, which they find difficult to rent due to the nature of the area; and d. this variance will not alter the essential character of the neighborhood since the bed and breakfast has been established for several years; and e. the alleged hardship has not been self-created; and Conditions: a . the property must be owner occupied; and I b, no more than four bedrooms in the main house are to be rented at one time; and C, this variance is granted for five years expiring March 19, 2006; and d, prior to the issuance of a Certificate of Occupancy the property must be brought into full compliance with applicable building codes; and e . prior to the issuance of any Certificate of Compliance that the applicant submit proof from the Tompkins County Health Department that the property is in full compliance with their codes, in particular the codes relating to septic disposal; and j i i i ZONING BOARD OF APPEALS PAGE 13 MARCH 19, 2001 APPROVED - APPROVED - APPROVED - APRIL 16, 2001 - APPROVED - APPROVED - APPROVED , f. the number of overnight guests in the main house not at any time exceed ten persons; and g1 the number of overnight guests in the cottage not at any time exceed four persons; and ho the variance as it relates to the second dwelling unit continue only so long as it is operated as an integrated part of the bed and breakfast operation on the premises as a whole. The vote on the motion resulted as follows: AYES: Ellsworth, Niefer. NAYS: Sigel The motion did not pass. Attorney Barney - Chairperson Sigel , is there something less than what has been proposed that you would agree to? Chairperson Sigel - The only thing I would vote in favor of is the increase of persons in the main house to ten guests . The applicant would be better off to come before the full board at the next meeting . Mr. Frost - We have a full agenda at the April meeting . Attorney Barney - The applicant is not in compliance for several reasons . Chairperson Sigel - We could hold two meetings in April . Attorney Barney - This should not wait until May . Chairperson Sigel - We could start the meeting earlier in April and Mrs . Rumsey could be first on the agenda . Attorney Barney - We do not need to hold another public hearing . Chairperson Sigel - We can hold the regular meeting at 7 : 00 p . m . , and we could start this agenda item at 6 : 30 p . m . Mr. Rumsey - The board could meet at the house for the next meeting . Chairperson Sigel - There would be a problem with the entire board meeting at the house at the same time . The board could meet for this agenda item at 6 : 30 p . m . on April 1. 6 , 2001 , Resolution No. 2001 - 18 - Margaret Rumsey, 110 East Buttermilk Falls Road, Tax Parcel Number 384 =2, March 19, 2001, MOTION made by Kirk Sigel, seconded by Harry Ellsworth. i I , ZONING BOARD OF APPEALS PAGE 14 MARCH 19 , 2001 APPROVED - APPROVED - APPROVED - APRIL 16, 2001 - APPROVED APPROVED - APPROVED i RESOLVED, that this board adjourns the appeal of Margaret Rumsey requesting a variance from the requirements of Article V, Section 18 and 19, and Article Xlll, Section 68 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a Bed and Breakfast operation, with up to ten guests in a single-family residence and up to four guests in a detached second dwelling unit at 110 East Buttermilk Falls Road, Town of Ithaca Tax Parcel No. 38- 1 -2, Residelnce District R-30, until the April 16, 2001 Zoning Board of Appeals meeting. I i The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Niefer. NAYS: None. The motion was declared to be carried unanimously. ! Chairperson Sigel adjourned the meeting at 9 : 00 p . m . Kirk Sigel , Chairp rson 4I I Carrie Whitmore , Deputy Town Clerk i I i i I I I I I I i TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, MARCH 19, 2001 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 Monday, March 19, 2001 , in Town Hall; 215 North Tioga Street, Tioga Street Entrance, Ithaca, N.Y., COMMENCING AT 7 : 00 P.M. on the following matters: APPEAL of Richard Walker, Owner/Appellant, George R. Van Valen, Agent, requesting a special approval from the Zoning Board of Appeals under Article XIII, Section 70 of the Town of Ithaca Zoning Ordinance, to be permitted to move more than 2,500 cubic yards of fill material, located near 999 Coddington Road, Town of Ithaca Tax Parcel No. 47-2-6.5, Residence District R-30 and also within the Six Mile Creek Conservation Zone. APPEAL of Rocco Lucente, Owner/Appellant, Donald Miller, Agent, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a two-family home with a rear yard setback of 28 ± feet (30 foot setback required), located at 107 Briarwood Drive, Town of Ithaca Tax Parcel No. 70- 10-32, Residence District R- 15. ADJOURNED APPEAL (FROM FEBRUARY 26, 2001 ) of Margaret Rumsey, Appellant, requesting a variance from the requirements of Article V, Section 18 and 19, and Article XIII, Section 68 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a Bed and Breakfast operation, with up to ten guests in a single-family residence and up to four guests in a detached second dwelling unit at 110 East Buttermilk Falls Road, Town of Ithaca Tax Parcel No. 38- 1 -2, Residence District R-30. An approval was granted on January 18, 1984 to permit up to eight guests in one residence only. 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. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S. Frost Director of Building and Zoning 273 - 1783 Dated : March 7, 2001 Published: March 14, 2001 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Dani L. Holford, being duly sworn, depose and say that I am the Town of Ithaca I uilding and Zoning Department Secretary, Tompkins County, New York; that the following notice has been duly posted on the sign board of the Town of Ithaca and that said notice has been duly published in the local newspaper, The Ithaca Journal. Notice of public hearin s to be held bV the Town of Ithaca Zoning Board of Appealslin Town Hall 215 North Tio a Street, Ithaca, New York on Monday, March 19, 2001 , commencing at 7: 00 P.M ., as per attached. Location of sign board used for posting: Town Clerk Sign Board — 215 North Tioga Street. Date of posting: March 7, 2001 Date of publication: March 14, 2001 Dani L. Holford, Building and Zoning Depa ent Secretary, Town of Ithaca STATE OF NEW YORK ) SS. : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 14th day of March, 2001 . c W/U Not Public CARRIE WHITMORE Notary Public, State of New York No. 01 WH6052877 Tioga County Commission Expires ecember1�.Ujg�•