HomeMy WebLinkAboutZBA Minutes 2009-01-26 TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, January 26, 2009
7 : 00 P.M.
to
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, January 26, 2009, in Town Hall , 215 North Tioga. Street, Tioga Street
Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P.M . , on the following matters :
APPEAL of Christine Jung, Owner/Appellant, requesting area variances from the requirements of Chapter 270,
Article IX , Section 270-73 , Subsection D , to allow insufficient lot depth on a property located at 111 Salem
Drive, Town of Ithaca Tax Parcel # 70 . 40- 1 . 3 , a Medium Density Residential (MDR) Zone.
(:tr6C &.ed
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
thcreto. 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 hearings .
Bruce W. Bates
Director of Code Enforcement
607-273 - 1783
Dated : January 12, 2009
Published : January 16, 2009
Saturt day, January 17, 2009 THE ITHACA JOURNAL
TOWN OF RHACA
ZONING BOARD
OF APPEALS J
NOTICE OF
PUBLIC HEARINGS
MONDAY,
January 26, 2009
7:60 P.M.
jBy direction of the 'Chair-
man of the Zoning Board
of Appeals NOTICE IS '
HEREBY GIVEN Public i
Hearings - will be held by
the Zoning Board ' of Ap-
peals of the Town of Ithaca
on Monday, January. 26,
2009, in Town Hall, 215
North Tioga Street, Tioga
Street Entrance, Ithaca, {
NY, COMMENCING AT i
7:00 P.M... on the follow-
ing matters: i
APPEAL of Christine'
Jung, Owner/Appellant,requ .i
from the es
requirements c
mof. f
Chapter 270, Article IX,
Section 270-73, Subsec-
tion D, to allow insufficient
lot depth on a property Io-{
cated at 111 Salem Drive, i
Town of Ithaca Tax Parcel
—# 70:10-1 .3, a Medium
Density Residential (MDR),
Zone. .
Said Zoning Board ofI
Appeals will at said time
7:00 p.m., and said
place, hear all persons in s
support of such matters or
objections . thereto. ,;Per
sons may appear by agent
or in person. Individuals
with visual" or ,,hearing,
impairments or other spe-
cial needs, as appropriate,
will be provided with assis-
tance, as necessary, upon
request. Persons siringg
assistance must make such.
{a request not less than 48
(hours prior to the time ofr
the public hearings.
Bruce W Bates
Director of Code
Enforcement
607-273-1783 ,
Dated:
January 14, 2009 .
Published:
January 18, 2009 1
FILE
DATE I
ADOPTED RESOLUTION ZB RESOLUTION NO . 2009-001
Area Variance
Christine Jung
111 Salem Drive
Tax Parcel No . 70 . - 10-1 . 3
January 26 , 2009
MOTION made by Kirk Sigel , seconded by Ron Krantz .
RESOLVED , that this board grant the appeal of Christine Jung , requesting an area
variance from the requirements of Chapter 270 , Article IX , Section 270 -73 , Subsection
D , to allow insufficient lot depth on a property located at 111 Salem Drive , Town of
Ithaca Tax Parcel Number 70 . - 10- 1 . 3 , Medium Density Residential Zone with the
following :
Condition :
1 . That the lot depth be no less than 118 feet .
Findings :
That the requirements for an area variance have been met . Specifically :
1 . That the benefit to the applicant does outweigh any detriment to the health ,
® safety and welfare of the community . Specifically :
a . The benefit the applicant wishes to achieve cannot be achieved by any
other means feasible given that the applicant wishes to keep their shed
and pavilion on the lot in a conforming location then they must consider
the Salem Drive frontage to be the front yard .
2 . That an undesirable change in the neighborhood character or to nearby
properties will not take place given that the house has been in this orientation for
several decades ,
3 . That the request is not substantial ,
4 . That there will not be any adverse physical or environmental effects ,
5 . The alleged difficulty is not self-created ,
6 . That in supporting the finding that this house fronts on Salem Drive is the fact
that the garage , driveway and front door of the house face Salem Drive and that
the applicant has always used a Salem Drive address for the property , and
ZB RESOLUTION NO . 2009-001
PAGE 2
7 . That it is the determination of this board that with this variance for insufficient lot
depth that the house is considered to be fronting on Salem Drive .
A vote on the motion resulted as follows :
AYES : Sigel , Ellsworth , Krantz , Niefer, Mountin .
NAYS : None .
The motion was declared to be carried unanimously .
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA ,
1 mje 60 SPS W � ore T-ewrn-�Gle�ld-Deputy Town Clerk of the Town of
Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the
same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular
meeting on the 26th day of January 2009 .
® Tovrrn-6ferk/Deputy Town Clerk
Town of Ithaca
FILE
DATE _ r
ADOPTED RESOLUTION ZB RESOLUTION NO . 2009=002
Change 2009 October Meeting Date
January 26 , 2009
MOTION made by Kirk Sigel , seconded by Harry Ellsworth .
RESOLVED , that this board amends its 2009 meeting schedule changing the October
19th meeting date to October 26tH
A vote on the motion resulted as follows :
AYES : Sigel , Ellsworth , Krantz , Niefer , Mountin .
NAYS : None .
The motion was declared to be carried unanimously .
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA :
® I , �y� e � �� I,U dwere �Tewn Gler eputy Town Clerk of the Town of
Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the
same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular
meeting on the 26th day of January 2009 .
Tewr rkiDeputy Town Clerk
Town of Ithaca
FILE d�
pF�TE
ADOPTED RESOLUTION . ZB RESOLUTION NO . 2009=003
Nomination and Election
Zoning Board Vice Chairperson 2009
Zoning Board , January 26 , 2009
MOTION made by Kirk Sigel , seconded by Ron Krantz .
RESOLVED , that the Town of Ithaca Zoning Board of Appeals does hereby nominate and
elect Harry Ellsworth as Vice Chairperson of the Zoning Board of Appeals for the year
2009 .
FURTHER RESOLVED , that said election shall be reported to the Town Board .
Vote on the motion resulted as follows :
AYES : Sigel , Krantz , Niefer, Mountin .
NAYS : None .
ABSTAIN : Ellsworth .
The motion was declared to be carried unanimously .
STATE OF NEW YORK)
COUNTY OF TOMPKINS ) SS :
TOWN OF ITHACA :
I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York , do
hereby certify that the attached resolution is an exact copy of the same adopted by the
Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 26th day of
January 2009 ,
Deputy Town Jerk
Town of Ithaca
40
FILE k- 0 .
DATE
Zoning Board of Appeals
® 215 North Tioga Street, Ithaca , NY 14850
Monday, January 26 , 2009
7 : 00 PM
Present
Board Members : Kirk Sigel (Chairperson ) , Harry Ellsworth , Ron Krantz , James
Niefer, David Mountin , Susan Mann (alternate ) .
Staff Members : Carrie Coates Whitmore , First Deputy Town Clerk ; Susan Brock ,
Attorney for the Town ; Bruce Bates , Director of Code Enforcement ,
Others Christine Jung , Isaac Colburn .
Call to Order
Chairperson Sigel called the meeting to order at 7 : 06 p . m . He welcomed everyone to
the January meeting of the Town of Ithaca Zoning Board of Appeals and announced
there was one appeal before the board .
APPEAL of Christine Jung , Owner/Appellant, requesting area variances from the
requirements of Chapter 270, Article IX , Section 270=73 , Subsection D , to allow
insufficient lot depth on a property located at 111 Salem Drive , Town of Ithaca Tax
Parcel # 70. -10- 1 . 3 , a Medium Density Residential ( MDR ) Zone .
® Christine Jung introduced herself to the board and Chairperson Sigel asked if she
wanted to add anything to her application . Ms . Jung responded no . She thought that
her application materials explained everything fully . Chairperson Sigel agreed and
thought the application explained everything clearly .
Chairperson Sigel stated that the only issue they were trying to deal with was if the
Zoning Board could decree that the front yard faces one or the other of the streets . He
then reviewed the scenarios of determining which side of the house is the front yard and
the associated variances that would be needed .
Board Member Mountin thought the board had reviewed a similar case recently and
Chairperson Sigel confirmed that the board had granted a variance for a corner lot
where the deck was too close to the lot line . The board determined in that case that the
frontage was determined to not be on Salem Drive even though the house faced Salem
Drive .
Board Member Krantz asked Ms . Jung is she would rather live on Salem Drive or
Maplewood . Ms . Jung would rather live on Salem Drive because she did not want to
have to move her shed . Mr. Bates added that Salem Drive was Ms . Jung ' s current
mailing address .
Chairperson Sigel stated that with the front yard on Salem Drive , the property depth
would be approximately 120 feet .
Zoning Board of Appeals Minutes
January 26 , 2009
Final
With no other comments or questions from the board , Chairperson Sigel opened the
public hearing at 7 : 11 p . m . and invited the public to address the board . There being no
one , Chairperson Sigel closed the public hearing at 7 : 11 p . m .
Chairperson Sigel then made a motion to grant the appeal finding that all requirements
of an area variance had been met , specifically listing how each criterion was satisfied ,
and with condition that the lot depth be no less than 118 feet . Board Member Krantz
seconded .
ZB RESOLUTION NO. 2009=001 : Area Variance, Christine Jung, 111 Salem Drive,
Tax Parcel No. 70. = 10- 1 . 3
MOTION made by Kirk Sigel, seconded by Ron Krantz.
RESOLVED, that this board grant the appeal of Christine Jung, requesting an area
variance from the requirements of Chapter 270, Article IX, Section 270- 73, Subsection
D, to allow insufficient lot depth on a property located at 111 Salem Drive, Town of
Ithaca Tax Parcel Number 70. - 10- 1 . 3, Medium Density Residential Zone with the
following:
Condition:
1 . That the lot depth be no less than 118 feet.
® Findings:
That the requirements for an area variance have been met. Specifically:
1 . That the benefit to the applicant does outweigh any detriment to the health,
safety and welfare of the community. Specifically:
a . The benefit the applicant wishes to achieve cannot be achieved by any
other means feasible given that the applicant wishes to keep their shed
and pavilion on the lot in a conforming location then they must consider
the Salem Drive frontage to be the front yard.
2. That an undesirable change in the neighborhood character or to nearby
properties will not take place given that the house has been in this orientation for
several decades,
3. That the request is not substantial,
4. That there will not be any adverse physical or environmental effects,
5. The alleged difficulty is not self-created,
Page 2 of 4
Zoning Board of Appeals Minutes
January 26 , 2009
Final
6. That in supporting the finding that this house fronts on Salem Drive is the fact
that the garage, driveway and front door of the house face Salem Drive and that
the applicant has always used a Salem Drive address for the property, and
7. That it is the determination of this board that with this variance for insufficient lot
depth that the house is considered to be fronting on Salem Drive.
A vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin.
NAYS: None.
Motion was declared to be carried unanimously.
Amendment to 2009 Meeting Schedule
Chairperson Sigel noted that the October 19th meeting conflicted with a Town Board
meeting and moved that the board change their meeting to October 26th . Board
Member Ellsworth seconded .
ZB RESOLUTION NO. 2009-002: Change 2009 October Meetinq Date
MOTION made by Kirk Sigel, seconded by Harry Ellsworth.
RESOLVED, that this board amends its 2009 meeting schedule changing the October
19th meeting date to October 261h.
A vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin.
NAYS: None.
The motion was declared to be carried unanimously.
Appointment of 2009 Vice-Chairperson
Chairperson Sigel nominated Harry Ellsworth as the 2009 Vice Chairperson . Board
Member Krantz seconded .
ZB RESOLUTION NO. 2009-003: Nomination and Election Zoninq Board Vice_
Chairperson 2009
MOTION made by Kirk Sigel, seconded by Ron Krantz.
Page 3 of 4
Zoning Board of Appeals Minutes
January 26 , 2009
Final
RESOLVED, that the Town of Ithaca Zoning Board of Appeals does hereby nominate
and elect Harry Ellsworth as Vice Chairperson of the Zoning Board of Appeals for the
year 2009.
FURTHER RESOLVED, that said election shall be reported to the Town Board.
Vote on the motion resulted as follows:
AYES: Sigel, Krantz, Niefer, Mountin.
NAYS: None.
ABSTAIN: Ellsworth.
The motion was declared to be carried unanimously.
Knewstub Marine Home Occupation Determination
Chairperson Sigel stated that Mr. Bates had made a determination regarding Knewstub
Marine as a home occupation . He explained that Mr. Knewstub is not in compliance
with the home occupation requirements in several ways . Chairperson Sigel gave
everyone a copy of the letter of determination .
Moment of Silence
Chairperson Sigel notified the board that long time Code Enforcement Department
secretary , Dani Holford , passed away early in January . He asked that everyone
observe a moment of silence in her honor.
Adjournment
With no further business , Chairperson Sigel adjourned the meeting at 7 : 22 p . m .
Kirk Sigel , Chai person
(�ZA (amu l
Carrie Coatedd hitmore ,
First Deputy Town Clerk
Page 4 of 4