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HomeMy WebLinkAboutZBA Minutes 2001-11-19 FILE DATE I TOWN OF ITHACA ZONING BOARD OF APPEALS MONDAY, NOVEMBER 19 , 2001 7 : 00 P . M . APPEAL of Aung San , Appellant , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to maintain an existing residence with a carport having a 6 foot + west side yard building setback ( 10 feet required ) , at 1431 Slaterville Road , Town of Ithaca Tax Parcel No . 58- 1 -24 . 2 , Residence District R- 15 . APPEAL GRANTED APPEAL of Sara Sullivan and Joseph Harrington , Appellants , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain an existing residential building with a 14 . 5 foot south side yard building setback ( 15 feet required ) , at 102 Terraceview Drive , Town of Ithaca Tax Parcel No . 58-2-39 . 19 , Residence District R- 15 . APPEAL GRANTED APPEAL of John and Carolyn Neuman , Appellants , Vincent .Mulcahy, R . A . , Agent , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to demolish an existing residential building and replace it , on a non -conforming parcel of land at 1077- 1079 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 21 -2-7 , Residence District R- 15 . The property is non -conforming as it contains two residential buildings , whereas only one is permitted . APPEAL GRANTED APPEAL of Eric Jakobs , requesting an interpretation and/or variance from the requirements of Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to permit a yoga-wellness center at 855 Five Mile"Drive , Town of Ithaca Tax Parcel Nos . 31 -2- 15 , - 16 , Residence District R-30 . The appellant states that a yoga , meditation , and wellness center is a permitted school use under said zoning ordinance ; however should an interpretation be made that it is not a school use , then a variance is requested to permit a business-professional use of the property (which is otherwise not allowed ) . APPEAL WITHDRAWN FILE T�h a \A6 LI cL DATE I TOWN OF ITHACA ZONING BOARD OF APPEALS MONDAY, NOVEMBER 19 , 2001 PRESENT: Kirk Sigel , Chairperson ; Harry Ellsworth , Board Member; David Stotz , Board Member; Ronald Krantz , Board Member; James Niefer, Board Member; Andy Frost , Director of Building/Zoning ; John Barney , Attorney for the Town ; Mike Smith , Environmental Planner. ALSO PRESENT : Carolyn Neuman , 1077 Taughannock Blvd ; Sara Sullivan & Joseph Harrington , 102 Terraceview Drive ; Blyth Baldwin , 149 Pine Tree Road ; Aung San & Ny Chea , 1431 Slaterville Rd ; Vincent Mulcahy, 3 Fountain Place . Chairperson Sigel called the meeting to order at 7 : 03 p . m . The first appeal to be heard was as follows : APPEAL of Aung San , Appellant , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to maintain an existing residence with a carport having a 6 foot ± west. side yard building setback ( 10 feet required) , at 1431 Slaterville Road , Town of Ithaca Tax Parcel No , 58- 1 -24 . 2 , Residence District R- 15 , Chairperson Sigel - It looks like the lot line is a result of a recent subdivision . Aung San , 1431 Slaterville Road - Yes . Attorney Barney - It is a fairly ancient subdivision . Chairperson Sigel - I see that it recently had Planning Board approval . Attorney Barney - The property was sold quite sometime ago without the benefit of subdivision approval . It was discovered recently that that had occurred . It provoked approval at the Planning Board and Zoning Board of Appeals level . Mr. Smith - It was originally subdivided this way. It was then consolidated back into one lot . The owner then re-subdivided it without Town approval . Chairperson Sigel - This appeal is straight forward . There is no environmental assessment for this appeal . Chairperson Sigel opened the public hearing at 7 : 04 p . m . With no person present to be heard , Chairperson Sigel closed the public hearing at 7 : 05 p . m . RESOLUTION NO. 2001 -80 - Aung San, 1431 Slaterville Road, Tax Parcel No. 58. = 1 =24.2, November 19, 2001 . MOTION made by Harry Ellsworth, seconded by Ronald Krantz. Zoning Board of Appeals APPROVED November 19 , 2001 RESOLVED, that this board grants the appeal of Aung San, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to maintain an existing residence with a carport having a west side yard building setback of not less than 5 feet where 10 feet is required, at 1431 Slaterville Road, Town of Ithaca Tax Parcel No. 58. - 1 -24.2, based upon the following finding: a. The appeal has met the requirements of Town Law Section 267. The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Stotz, Krantz, Niefer. NAYS: None. The motion was declared to be carried unanimously. The second appeal to be heard was as follows : APPEAL of Sara Sullivan and Joseph Harrington , Appellants , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain an existing residential building with a 14 . 5 foot north side yard building setback ( 15 feet required ) , at 102 Terraceview Drive , Town of Ithaca Tax Parcel No , 58-2-39 . 19 , Residence District R- 15 . Sara Sullivan , 102 Terraceview Drive - We recently purchased this property. During the closing we discovered that we were deficient six inches on the side yard setback . Chairperson Sigel - This variance is very straight forward . Mr. Stotz - It states in the letter written by Mr. Frost on August 16th that "the Town views such deficiencies as de. minimus " . What do they mean by that? Mr. Frost - It is a Latin term that our astute lawyer could explain . Attorney Barney - It is Latin for a minimal determination . Mr. Stotz - The Town knew about it at the time . Mr. Frost - Fortunately , I keep finding when we have these issues I was not the one who actually signed the Certificate of Occupancy . We did have a rationale in the early years that when something was that close we did not address it . Then after a period of time we realized that de minimus , no matter how de minimus it might be , it is still not compliant . Attorney Barney - The law is the law . Fifteen feet is fifteen feet . It previously was thought 14 . 5 feet was 15 feet . I have difficulty with that concept . It is either 15 feet or it is 14 . 5 feet . We have taken the position that if it comes in with any deviation and does not meet the requirements then it needs a variance . It was not the position during the earlier years . 2 Zoning Board of Appeals APPROVED November 19 , 2001 Chairperson Sigel opened the public hearing at 7 : 12 p . m . With no persons present to be heard , Chairperson Sigel closed the public hearing at 7 : 13 p . m . RESOLUTION NO. 2001 =81 = Sara Sullivan & Joseph Harrington, 102 Terraceview Drive, Tax Parcel No. 58. -2-39. 19, November 19, 2001 . MOTION made by Harry Ellsworth, seconded by David Stotz. RESOLVED, that this board grants the appeal of Sara Sullivan and Joseph Harrington, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing residential building with a 14 foot north side yard building setback ( 15 feet required), at 102 Terraceview Drive, Town of Ithaca Tax Parcel No. 58. -2-39. 19, Residence Distrct R- 15, based upon the following finding: a . the appeal meets the requirements of Section 77, subparagraph 6a . The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Stotz, Krantz. NAYS: None. ABSTAIN: Niefer. The motion was declared to be carried. The third appeal to be heard was as .follows : APPEAL of John and Carolyn Neuman , Appellants , Vincent Mulcahy , R . A . , Agent , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to demolish an existing residential building and replace it , on a . non -conforming parcel of land at 1077- 1079 Taughannock Boulevard , Town of Ithaca Tax Parcel No , 21 -2-7 , Residence District R- 15 . The property is non -conforming as it contains two residential buildings , whereas only one is permitted . _ Vincent Mulcahy , 3 Fountain Place - We have submitted detailed plans of the home . Mr. Mulcahy presented pictures of the surrounding homes to the board. After the last review, we went to work to take into consideration some of the board 's concern regarding the scale of the house . We have photographed houses on either side of this site . The top floor has a master bedroom , livingroom , kitchen and garage . The footprint tends to drive the overall footprint of the house . The footprint diminishes considerably with the lower two levels . We tried to organize the house in such a way that it does not go to the side yard setback boundaries . The mass tends to setback into the landscape . Mr. Ellsworth - What color will the house be ? Mr. Mulcahy - This discussion has been to make the house gray . 3 Zoning Board of Appeals APPROVED November 19, 2001 Mr. Stotz - Will there be anything left of the house that is being demolished ? Mr. Mulcahy - No . It is not in very good shape . The entire house will be demolished . The Neumans wanted to be able to get from the driveway to the garage at the same grade . The other issue is the steepness of the site . The site really steepens at the eastern end of the new building . Mr. Niefer - Were all the pictures of surrounding homes located in the Town of Ithaca? Mr. Mulcahy - There are a number of homes located in the Town of Ulysses . Almost all the homes to the north of the property are located in the Town of Ulysses . Mr. Niefer - I assume that the owners of the property that are making the appeal have an easement for the driveway that is going onto other property . Mr. Mulcahy - It is part of the deed . Mr. Niefer - Is the property to the south a year round residence ? Mr. Mulcahy - Yes . Mr. Niefer - The footprint of the building that is going to be demolished is about 1300 square feet . The footprint of the proposed residence is about 2650 square. feet . Mr. Mulcahy - The size of the third level is considerably less than that . The house is shifting down the hillside . It is actually 1683 square feet for the footprint . Mr. Niefer - This parcel of land is 1 . 39 acres . It is roughly 60 , 000 square feet . In R-30 zones , the requirement is 30 , 000 square feet for one dwelling . These two dwellings have a parcel of land available for each dwelling . Could they come to the Town and ask to subdivide the property? Attorney Barney - They could , subject to obtaining a variance . The lots would not conform . The lots need minimum frontage at the road . There is not enough road frontage for two lots . It would be a flag lot of some sort . Mr. Niefer - There were three large buildings jammed into one corner lot at Warren and Hanshaw Roads . Mr. Frost - There would be three parcels that front on Town , County or a State highway. This parcel is not located on a corner. It would be difficult to have frontage for both parcels . Mr. Stotz - Where would you measure the height of the building ? Mr. Frost - It would be measured from the lowest point near the lake to the highest point on the roof . Mr. Stotz - Have you measured it? 4 Zoning Board of Appeals APPROVED November 19 , 2001 Mr. Frost - The house meets the height requirement . Mr. Mulcahy - Are chimneys included in the height measurements ? Mr. Frost - Chimneys are excluded . ENVIRONMENTAL ASSESSMENT : Mr. Smith - There needs to be sediment and erosion control measures taken during demolition and construction . Landscaping will help break up the mass seen from the lake . There are a couple of large trees on the site . Some of the plantings help to holdback the slope that is there . Chairperson Sigel - Are you planning to add plantings of substance in front of the house? Mr. Mulcahy - We will try to retain the two large trees . There will be associated landscaping done through the site . Attorney Barney - The square footage of the original guest house footprint was how much ? Mr. Mulcahy - It think it was about 1650 square feet . Attorney Barney - It is being replaced with a guest house of 1950 square feet . The existing cottage at the lakeside looks considerably smaller in terms of footprint than the footprint of the building that we are talking about putting in . It is being replaced with a 2600 square foot footprint . Chairperson Sigel opened the public hearing at 7 : 33 p . m . With no persons present to be heard , Chairperson Sigel closed the public hearing at 7 : 34 p . m . RESOLUTION NO. 2001 -82- ENVIRONMENTAL ASSESSMENT - John and Carolyn Neuman, 1077- 1079 Taughannock Boulevard, Tax Parcel No. 21 . -2-7, November 19, 2001. MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED, that this board makes a negative determination of environmental significance in the matter of John and Carolyn Neuman, requesting authorization from the Zoning Board of Appeals under Article X11, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to demolish an existing residential building and reconstruction of the new residence near the lake, on a non- conforming parcel of land at 1077- 1079 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 21 . - 2- 7, Residence District R- 15, based upon the environmental review completed by Town Staff dated November 7, 2001 . The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Stotz, Krantz, Niefer. NAYS: None. 5 Zoning Board of Appeals APPROVED November 19 , 2001 The motion was declared to be carried unanimously. RESOLUTION NO. 2001 -83- John and Carolyn Neuman, 1077= 1079 Tau_ghannock Boulevard, Tax Parcel No. 21. -2- 7, November 19, 2001 . MOTION made by David Stotz, seconded by James Niefer. RESOLVED, that this board grants the appeal of John and Carolyn Neuman, requesting authorization from the Zoning Board of Appeals under Article X11, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to demolish an existing residential building and reconstruction of the new residence near the lake, on a non-conforming parcel of land at 1077- 1079 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 21 . -2- 7, Residence District R- 15, based upon the following: Findings: a . The plans submitted indicate that the profile of the house facing the lake is substantially the same as a number of other homes in the general area, and Conditions: a . The house be constructed in accordance with the plans submitted as part of the appeal, and b. Measures be taken during demolition of the current building and construction of the new building to control and maintain sedimentation and erosion, and C, Such sedimentation and erosion control measures be maintained until vegetation has been established in any disturbed area, and d. Every effort be made to maintain the wooded areas that are not being disturbed in their present state, and e. Every effort be made to maintain the large trees along the lake as well as the low vegetation so as to lessen the erosion of the slope, and f. The existing garage as shown on the site plan be removed within three months of completion of the construction of the new residence or 1 year from the date of commencement of construction of the residence, whichever occurs first. The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Stotz, Krantz, Niefer, NAYS: None. The motion was declared to be carried unanimously. The fourth appeal to be heard was as follows : 6 Zoning Board of Appeals APPROVED November 19 , 2001 APPEAL of Eric Jakobs , requesting an interpretation and/or variance from the requirements of Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to permit a yoga-wellness center at 855 Five Mile Drive , Town of Ithaca Tax Parcel Nos . 31 -2- 15 , - 16 , Residence District R-30 . The appellant states that a yoga , meditation , and wellness center is a permitted school use under said zoning ordinance ; however should an interpretation be made that it is not a school use , then a variance is requested to permit a business- professional use of the property (which is otherwise not allowed ) . This application was withdrawn. OTHER BUSINESS : RESOLUTION NO. 2001 -84 - 2002 Zoning Board of Appeals Chair Recommendation To Town Board, December 13, 2000. MOTION made by Ronald Krantz, seconded by David Stotz. RESOLVED, that the Town of Ithaca Zoning Board of Appeals recommend to the Town Board that Kirk Sigel, be appointed as chair of the Zoning Board of Appeals for the calendar year 2002. A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer. NAYS: None. ABSTAIN: Sigel. The motion was declared to be carried unanimously. Mr. Niefer - I will be resigning from the Codes and Ordinances Committee , Chairperson Sigel - Do we need to have someone from the Zoning Board of Appeals on 'the COC ? Attorney Barney - Yes . . They try to have one member from the Zoning Board of Appeals , two Planning Board members and three Town Board members . It is helpful to have someone from the Zoning Board of Appeals . The formal appointment is made by the Supervisor after the first of the year. It would be useful for her to know who would be willing to serve . Attorney Barney - The winter and spring will be very active . The Zoning Ordinance will be presented for public review . Mr. Ellsworth - I agree that it is important to have a Zoning Board of Appeals representative . Chairperson Sigel - The board can think about it over the next month and make a recommendation to the Supervisor. Chairperson Sigel adjourned the meeting at 7 : 45 p . m . 7 Zoning Board of Appeals APPROVED November 19 , 2001 Kirk Sigel , Chai person Carrie Whitmore , Deputy Town Clerk/Deputy Receiver of Taxes 8 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 Building 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 hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall, 215 North Tioga Street, Ithaca, New York on Monday, November 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: November 9, 2001 Date of publication: November 15, 2001 Q Dani L. Holford, Building and Zoning Dep ent Secretary, Town of Ithaca STATE OF NEW YORK ) SS. : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 9th day of November 2001 . Notary Public CARRIE WHITMORE, Notary public, State of Nowr York N0. 01 WH6052877 Commission Toga County Expires December 261>4,.� TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, NOVEMBER 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, November 19, 20017 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 Aung San , Appellant, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to maintain an existing residence with a carport having a 6 foot ± west side yard building setback ( 10 feet required) , at 1431 Slaterville Road, Town of Ithaca Tax Parcel No . 58- 1 - 24.2, Residence District R- 15 . APPEAL of Sara Sullivan and Joseph Harrington, Appellants, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing residential building with a 14 .5 foot south side yard building setback ( 15 feet required), at 102 Terraceview Drive, Town of Ithaca Tax Parcel No. 58-2-39. 19, Residence District R- 15 . APPEAL of John and Carolyn Neuman, Appellants, Vincent Mulcahy, R .A. , Agent, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to demolish an existing residential building and replace it, on a non-conforming parcel of land at 1077- 1079 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 21 -2-7 , Residence District R- 15 . The property is non-conforming as it contains two residential buildings, whereas only one is permitted . APPEAL of Eric Jakobs , requesting an interpretation and/or variance from the requirements of Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to permit a yoga-wellness center at 855 Five Mile Drive, Town of Ithaca Tax Parcel Nos . 31 -2- 15 , - 16, Residence District R-30. The appellant states that a yoga, meditation, and wellness center is a permitted school use under said zoning ordinance; however should an interpretation be made that it is not a school use, then a variance is requested to permit a business-professional use of the property (which is otherwise not allowed) . 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 : November 8 , 2001 Published : November '15 , 2001