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HomeMy WebLinkAboutZBA Minutes 2010-03-15 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, March 15 , 2010 215 North Tioga Street, Ithaca 7 : 00 P. M . Appeal of John Regan , Owner, Avalon Homes , Barrett Nelson , Agent requesting variances from the Code of the Town of Ithaca , Chapter 270 , Section 205 (A) , " Nonconforming Structures" to allow an increase in nonconformity and Chapter 270 , Sections 46 (C) and ( E) , "Yard Regulations" to allow insufficient side yard setback on the north and south sides of the property, and to allow insufficient setback of a storage building in the rear yard located at 907 Taughannock Blvd , Tax Parcel #25 . -2- 10 , Low Density Residential Zone ( LDR) . Assistance will be provided for individuals with special needs , upon request ; requests should be made not less than 48 hours prior to the public hearings . Bruce W . Bates Director of Code Enforcement 607-273- 1783 Dated : 03/05/2010 Published : 03/08/2010 FILE DATE ® ZONING BOARD of APPEALS Monday, March 15 , 2010 7 : 00 p. m . Present : Kirk Sigel , Chair ; Members James Niefer, David Mountin , Ron Krantz and Harry Ellsworth . Staff: Bruce Bates , Director of Code Enforcement ; Carrie Coates Whitmore , Deputy Town Clerk ; Susan Brock , Attorney for the Town . Others : Kristin Gutenberger, Barrett Nelson , John Regan . Chairman Sigel opened the meeting at 7 : 03 p . m . and read the scheduled appeal . Appeal of John Regan , Owner, Avalon Homes , Barrett Nelson , Agent requesting variances from the Code of the Town of Ithaca , Chapter 270 , Section 205 (A), " Nonconforming Structures " to allow an increase in nonconformity and Chapter 270 , Sections 46 (C) and ( E) , "Yard Regulations " to allow insufficient side yard setback on the north and south sides of the property, and to allow insufficient setback of a storage building in the rear yard located at 907 Taughannock Blvd , Tax Parcel #25 . -2-10 , Low Density Residential Zone ( LDR) . ® Chairperson Sigel noted that the property is in Lakefront Residential Zone . Ms . Gutenberger of Barney , Grossman , Dubow , Marcus and Orkin appeared before the board and gave a brief description of the appeal . She noted that the deck and shed were built without a building permit by the previous owner. Ms . Gutenberger went on to explain that the shed is built as part of the dock structure and that the deck was built over an old patio . Mr. Regan added that he did not intend to expand the footprint of the building and did not have any intent to build a " McMansion " . His intent , is to update the interior, including plumbing and electric . He went on to explain the existing roofline and his plans to expand the roofline . Mr. Krantz noted that the applicant is really adding a master suite to the house , not just expanding the roofline . He thought that the applicant was adding significantly to the house . Chairperson Sigel asked when the shed at the waterline was constructed and Mr. Nelson noted that the dock was repaired in 1992 and at that time the shed was added . Mr. Niefer confirmed that Mr. Regan was working with the neighbor on encroachment agreements between the two properties for the sheds . He then confirmed that the deck would remain as currently constructed . Zoning Board of Appeals Minutes March 15 , 2010 Approved ® Chairperson Sigel referred to the dimensions mentioned in Attachment B . Mr. Nelson explained that the 6x6s were installed to support the retaining wall . There was brief discussion regarding the discrepancies between the two surveys for the property . Mr. Krantz stated that the applicant was taking a house with one bathroom and two small bedrooms and enlarging it . Mr. Regan corrected that the house currently has a master suite on the first floor and two bedrooms and one bath on the second floor. Mr. Niefer felt that it was a moot issue since the applicant is staying within the footprint of the house . Mr. Mountin confirmed that there would be no site work done on the property . Chairperson Sigel noted that the south side of the house has a deficient setback as well . He asked if that portion of the house was also being enlarged . Mr. Nelson responded no ; the footprint does not change . Mr. Bates added that the roofline was being raised on the rear of the house and that section of the house is well -within the setback requirement . Chairperson Sigel solicited questions from the Board . Mr. Niefer commented that Attachment A thoroughly explained the reasons for the variance request and expressed support for the application . ® Attorney Brock asked how far the shed is from the shoreline . Mr. Nelson stated that the shoreline runs diagonally through the shed . Chairperson Sigel noted that the lake is under the shed according to the survey because the shed sits on the dock itself . Attorney Brock asked if the rear lot line was as shown on the survey . Ms . Gutenberger said yes . Mr. Bates and Attorney Brock researched what zoning requirements were in place when the shed was constructed . They determined that the 3-foot setback requirement applied when the shed was built . Attorney Brock stated that the Board could consider a variance for both rear and side yard setbacks . Chairperson Sigel added that the Board could grant a variance to allow a zero foot setback . He thought that the issue of the shed being over the lake was between the State and the applicant , since the lake is State property . Attorney Brock noted that if the shoreline is the lot line in the survey , then the lot line could have moved . Brief discussion continued regarding property lines on the surveys . Staff and the Board reviewed what Zoning Ordinances would apply to each variance . It was determined that the shed would need a variance from the 1991 Zoning Ordinance , Article IV , Section 13 ; the south deck would need a variance from the 1993 Zoning Ordinance , Article VI , Section 14 . ® Chairperson Sigel stated that the applicant would like the Board to consider if they need a variance for the north side setback where the roofline is being expanded . He said that in the past the board has always treated it as needing a variance because it is an Page 2 of 6 Zoning Board of Appeals Minutes March 15 , 2010 Approved expansion of the structure in the area that is non -conforming . He thought it was good for the Town to treat it that way because there could be an impact on the neighborhood depending upon the expansion . Chairperson Sigel confirmed that SEQR review was not needed . Chairperson Sigel opened the public hearing at 7 : 33 p . m . and closed the public hearing at 7 : 33 p . m , there being no one but the applicant present . The Board drafted and voted upon resolutions for the various aspects of the appeal . ZB RESOLUTION 2010-007 : Interpretation , John Regan , 907 Taughannock Blvd , Tax Parcel No. 25 .=2-10 MOTION made by Chairperson Sigel , seconded by Mr. Krantz . RESOLVED , that this board finds that a variance is required for the applicant' s request to expand the volume of the house over the portion of the house that is within the side yard setback . Ayes : Sigel , Ellsworth , Krantz , Niefer, Mountin . ® Nays : None Motion passed unanimously . ZB RESOLUTION 2010-008 : Area Variance , Side Yard Setback—Shed , John Regan , 907 Taughannock Blvd , Tax Parcel No . 25 . -2-10 MOTION made by Chairperson Sigel , seconded by Mr. Ellsworth . RESOLVED , that in regards to appeal of John Regan , this board grant the appeal to allow a shed on the dock approximately at the water line at 907 Taughannock Blvd , Tax Parcel No . 25 . -2- 10 , Lake Front Residential zone , specifically that this variance is from the 1991 Zoning Ordinance of the Town of Ithaca , Article IV , Section 13 , to allow a side yard setback of zero (0) feet and a rear yard setback of zero (0) feet where three (3) feet would be required for both of those dimensions . Condition 1 . That the shed ' s size cannot be enlarged unless it is brought into conformance with the current Code of the Town of Ithaca . Findings ® That the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community , specifically : Page 3 of 6 Zoning Board of Appeals Minutes March 15 , 2010 Approved 1 . That the benefit that the applicant wishes to achieve , which is that of keeping the shed , cannot be achieved by any other means feasible because the shed is incorporated into the deck structure and therefore the deck cannot be easily removed , 2 . That there will not be an undesirable change in the neighborhood character or to nearby properties given that the shed has existed since approximately 1992 , 3 . That while the request is substantial , being a setback of zero feet where 3 feet is required , that nevertheless the benefit to the applicant does outweigh the detriment to the health , safety , and welfare of the community , 4 . That the request will not have adverse physical or environmental effects , 5 . That the difficulty was not self-created by the applicant , but rather by a previous owner, and 6 . That the applicant has stated that they are pursing an encroachment agreement with their neighbor and that the Board does not have any authority to approve any encroachment beyond the property lines . ® A vote on the motion resulted as follows : Ayes : Sigel , Ellsworth , Krantz , Niefer, Mountin , Nays : None Motion passed unanimously . Mr. Bates noted that a building permit was required for the deck , therefore , current Code applies . A building permit was not required for the shed because it fell within the allowable square footage . ZB RESOLUTION 2010-009 : Area Variance , Deck Encroachment, John Regan , 907 Taughannock Blvd , Tax Parcel No. 25 .-2- 10 MOTION made by Chairperson Sigel , seconded by Mr. Ellsworth . RESOLVED , that this board grant the appeal of John Regan , requesting a variance for a deck at 907 Taughannock Blvd , Tax Parcel No , 25 . -2 - 10 , Lake Front Residential zone , specifically a variance from Section 270-46C Side Yards to be allowed to keep a deck on the south side of the house with the following : Conditions : 1 . That the deck be no closer than 2 . 5 feet from property line , and Page 4 of 6 Zoning Board of Appeals Minutes March 15 , 2010 Approved 2 . That the deck not be expanded any from its current footprint within the required setback of 20 feet . Findings : That the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community , specifically : 1 . That the benefit that the applicant wishes to achieve , which is that of keeping a deck built in 1994 , cannot be achieved by any other means feasible since any other option would require removing the deck , 2 . That there will be no undesirable change to the neighborhood character or to nearby properties given that the deck has existed for over 15 years , 3 . That the request is substantial , reducing setback requirement from 20 ft to 2 . 5 ft , but nevertheless the benefit to the applicant does outweigh the detriment to the health , safety and welfare of the community , 4 . That there will not be adverse physical or environmental effects , and 5 . That the difficulty was not self-created by the applicant , but rather by a previous owner. Ayes : Sigel , Ellsworth , Krantz , Niefer, Mountin . Nays : None Motion passed unanimously . ZB RESOLUTION 2010-010 : Area Variance, Second-Story Addition , John Regan , 907 Taughannock Blvd , Tax Parcel No . 25 . -2- 10 MOTION made by Chairperson Sigel , seconded by Mr. Ellsworth . RESOLVED , that this board grant the appeal of John Regan , requesting variances from the Code of the Town of Ithaca , Chapter 270 , Section 270-205A and Section 270-46C to allow the applicant to build a second floor addition to their house at 907 Taughannock Blvd , Tax Parcel No . 25 . -2 - 10 , Lake Front Residential zone , with the following : CONDITIONS 1 . That the side yard setback on the north side of the house be no less than 8 . 5 ft , 2 . That the exterior location and shape of the addition be built as indicated on plans submitted by the applicant to this Board , and Page 5 of 6 Zoning Board of Appeals Minutes March 15 , 2010 Approved qP 3 . That before a Certificate of Occupancy is issued , the applicant must submit to the Town a revised survey showing setbacks and the modified house location . FINDINGS That this Board finds that the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community , specifically : 1 . That the benefit that the applicant wishes to achieve cannot be achieve_ d by any other means feasible given the small nature of the lot and the fact that the house already encroaches on the side yard setbacks , it would be very difficult to expand the house in a conforming way and in fact the method proposed by the applicant , which does not increase the footprint of the house any, would appear to have the least impact of any other options , 2 . That an undesirable change in neighborhood character or to nearby properties will not occur given that the addition is staying within the footprint of the house and will have minimal impact on the ground surrounding the house , 3 . That the request is not substantial given that the overall height of the house will not increase , 4 . That there will not be adverse physical or environmental effects mainly because the footprint of the house will not expand , and 5 . That while the alleged difficulty is self-created by the applicant recently purchasing the property , but nevertheless the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community . Ayes : Sigel , Ellsworth , Krantz , Niefer, Mountin . Nays : None Motion passed unanimously . Mr. Krantz commented that the appeal was well - presented and a reasonable request . However, it is a non-conforming structure with issues with the roofline , storage shed , and deck , all of which add to the non -conformity. The property is located in an area on the lake where non -conformity is increasing and rampant . He thought it would behold the Board to keep that in mind for the future . With no further business , Chairperson Sigel adjourned the meeting at 8 : 00 p . m . Kirk Sigel , Ch ' person Page 6 of 6 FILE DATE lb ADOPTED RESOLUTION ZB RESOLUTION 2010=007 Interpretation John Regan 907 Taughannock Blvd Tax Parcel No. 25 .=2-10 March 15, 2010 MOTION made by Chairperson Sigel , seconded by Mr. Krantz . RESOLVED , that this board finds that a variance is required for the applicant' s request to expand the volume of the house over the portion of the house that is within the side yard setback. Ayes : Sigel , Ellsworth , Krantz , Niefer , Mountin , Nays : None Motion passed 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 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 15th day of March 2010 . Deputy Town erk Town of Ithaca FILE DATE ® ADOPTED RESOLUTION ZB RESOLUTION 2010=008 Area Variance, Side Yard Setback-=Shed John Regan 907 Taughannock Blvd Tax Parcel No. 25 .=2-10 March 15, 2010 MOTION made by Chairperson Sigel , seconded by Mr. Ellsworth . RESOLVED , that in regards to appeal of John Regan , this board grant the appeal to allow a shed on the dock approximately at the water line at 907 Taughannock Blvd , Tax Parcel No . 25 . -2- 10 , Lake Front Residential zone , specifically that this variance is from the 1991 Zoning Ordinance of the Town of Ithaca , Article IV , Section 13 , to allow a side yard setback of zero (0) feet and a rear yard setback of zero (0) feet where three ( 3) feet would be required for both of those dimensions . Condition 1 . That the shed' s size cannot be enlarged unless it is brought into conformance with the current Code of the Town of Ithaca . Findings That the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community, specifically: 1 . That the benefit that the applicant wishes to achieve , which is that of keeping the shed , cannot be achieved by any other means feasible because the shed is incorporated into the deck structure and therefore the deck cannot be easily removed , 2 . That there will not be an undesirable change in the neighborhood character or to nearby properties given that the shed has existed since approximately 1992 , 3 . That while the request is substantial , being a setback of zero feet where 3 feet is required , that nevertheless the benefit to the applicant does outweigh the detriment to the health , safety , and welfare of the community , 4 . That the request will not have adverse physical or environmental effects , 5 . That the difficulty was not self-created by the applicant, but rather by a previous owner, and 6 . That the applicant has stated that they are pursing an encroachment agreement with their neighbor and that the Board does not have any authority to approve any encroachment beyond the property lines . i _ A vote on the motion resulted as follows : • Ayes : Sigel , Ellsworth , Krantz , Niefer, Mountin . Nays : None Motion passed 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 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 15th day of March 2010 . Deputy Town C er Town of Ithaca FILE DATE ADOPTED RESOLUTION ZB RESOLUTION 2010-009 Area Variance, Deck Encroachment John Regan 907 Taughannock Blvd Tax Parcel No. 25.-2-10 March 15, 2010 MOTION made by Chairperson Sigel , seconded by Mr. Ellsworth . RESOLVED , that this board grant the appeal of John Regan , requesting a variance for a deck at 907 Taughannock Blvd , Tax Parcel No . 25 . -2- 10 , Lake Front Residential zone , specifically a variance from Section 270-46C Side Yards to be allowed to keep a deck on the south side of the house with the following : Conditions : 1 . That the deck be no closer than 2 . 5 feet from property line , and 2 . That the deck not be expanded any from its current footprint within the required setback of 20 feet . Findings : That the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community, specifically : 1 . That the benefit that the applicant wishes to achieve , which is that of keeping a deck built in 1994 , cannot be achieved by any other means feasible since any other option would require removing the deck, 2 . That there will be no undesirable change to the neighborhood character or to nearby properties given that the deck has existed for over 15 years , 3 . That the request is substantial , reducing setback requirement from 20 ft to 2 . 5 ft , but nevertheless the benefit to the applicant does outweigh the detriment to the health , safety and welfare of the community, 4 . That there will not be adverse physical or environmental effects , and 5 . That the difficulty was not self-created by the applicant, but rather by a previous owner . is ZBA RESOLUTION NO . 2010-009 PAGE 2 Ayes : Sigel , Ellsworth , Krantz , Niefer, Mountin , Nays : None Motion passed 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 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 15th day of March 2010 , Deputy Town Perk Town of Ithaca FILE DATE44 1 � ADOPTED RESOLUTION ZB RESOLUTION 2010-010 Area Variance, Second-Story Addition John Regan 907 Taughannock Blvd Tax Parcel No. 25 .-2-10 March 15, 2010 MOTION made by Chairperson Sigel , seconded by Mr. Ellsworth . RESOLVED , that this board grant the appeal of John Regan , requesting variances from the Code of the Town of Ithaca , Chapter 270 , Section 270-205A and Section 270-46C to allow the applicant to build a second floor addition to their house at 907 Taughannock Blvd , Tax Parcel No . 25 . -2- 10 , Lake Front Residential zone , with the following : CONDITIONS 1 . That the side yard setback on the north side of the house be no less than 8 . 5 ft, 2 . That the exterior location and shape of the addition be built as indicated on plans submitted by the applicant to this Board , and Aft 3 . That before a Certificate of Occupancy is issued , the applicant must submit to the Town a revised survey showing setbacks and the modified house location . FINDINGS That this Board finds that the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community, specifically : 1 . That the benefit that the applicant wishes to achieve cannot be achieved by any other means feasible given the small nature of the lot and the fact that the house already encroaches on the side yard setbacks , it would be very difficult to expand the house in a conforming way and in fact the method proposed by the applicant, which does not increase the footprint of the house any , would appear to have the least impact of any other options , 2 . That an undesirable change in neighborhood character or to nearby properties will not occur given that the addition is staying within the footprint of the house and will have minimal impact on the ground surrounding the house , 3 . That the request is not substantial given that the overall height of the house will not increase , 4 . That there will not be adverse physical or environmental effects mainly because the footprint of the house will not expand , and ZBA RESOLUTION NO . 2010-010 - -- - - PAGE 2 5 . That while the alleged difficulty is self-created b the applicant recently 9 tY Y pp Y purchasing the property , but nevertheless the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community . Ayes : Sigel , Ellsworth , Krantz, Niefer, Mountin . Nays : None Motion passed 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 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 15th day of March 2010 , Deputy TownCf rk Town of Ithaca AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK) SS . : COUNTY OF TOMPKINS ) I , Carrie Coates Whitmore , being duly sworn , deposes and says , that deponent is not a parry to the actions , is over 21 years of age and whose professional address is 215 N . Tioga St, Ithaca , NY . That the deponent served the within Notice of Public Hearings upon the attached list of interested parties on March 8 , 20109 By depositing same enclosed in a postage - paid , addressed wrapper, in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York . Carrie Coates Whitmore Sworn to'b ore e thi 8th day o arch 2 10 . Notary Public r ^' PAULETTE NEILSEN Notary Public , State of New York No. 01 NE6156809 Jr Cualified in Tioga County Commission Expires December,: 4,.==20� 901 Taughannock Blvd Cayuga Medical Center Accounts Corbitt , Bradley G & Nancy S 9 Maplewood Pt Payable 907 Taughannock Blvd Ithaca, NY 14850 101 Harris B Dates Dr Ithaca , NY 14850 Ithaca, NY 14850 Dwyer, Thomas Gates , Robert E Holochuck Homes LLC 1935 Plugas Ave 885 Taughannock Blvd 7 Brightside Ave Palo Alto, CA 94303 Ithaca, NY 14850 East Northport , NY 11731 Linda J Waymire Mathers , Bonnie J & Patterson , Marilyn N Y S Electric & Gas Corp Attn : Utility 34439 Iris Cir 909 Taughannock Blvd Shared Services Philomath , OR 97370 Ithaca, NY 14850 70 Farm View Dr Freeport New Gloucester, ME 04260 Schaye, Adam R Greenwald , Carolyn Terry, Robert E Ufford , Curtis J & Amanda B 107 Worth St 147 Honness Ln 59 Wedgewood Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Wentzel , Richard C Wien , Hans Christian Young , Lawrence P Engel , Jennifer M 11 Greenridge Dr 913 Taughannock Blvd 927 Taughannock Blvd Clifton Park , NY 12065 Ithaca, NY 14850 Ithaca, NY 14850 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Carrie Coates Whitmore , being duly sworn , say that I a Deputy Town Clerk of the Town of Ithaca , Tompkins County , New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : PUBLIC HEARING TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY , March 15 , 2010 7 : 00 P . M . Date of Publication : Monday , March 8 , 2010 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board in 215 North Tioga Street Mv Ithaca , NY 14850 Date of Posting : Friday , March 5 , 2010 Carrie Coates Whitmore Deputy Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 8th day of March , 2010 Ntart' Public DEBRA DEAUGISTINE NOTARY PUBLIC -STATE OF NEW YORK NOtOIDE6148035 ®u011fled In Tompkins County Y ®I fnleelen 111011`66 Jun• 19 , 2010 Monday, March 8; 2010 THE ITHACA JOURNAL TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF ,-PUBLIC HEARINGS Monday, March 15, 2010 �CiJa�S ,215 North Tioga Street. `Ithaca 7:00 P,M. setback of a storage build- ;Appeal of John Regan, ling in the rear yard located Owner, Avalon Homes. at 907 -Taughannock Blvd, Barrett Nelson, Agent re- Tax Parcel 425.-2-10, Low questing •variances from Density Residential Zone the Code of the Town of (LDR).. Ithaca, Chapter 270, Sed- I Assistance will be provid tion 205 (A), 'Noncon- 1 ed for individuals with spa- cial al- cial needs, upon request; forming Structures' t low an increase in noncon- formity and Chapter 270, not less than 48 hours prim Sections 46 (C) and (E), or to the public hearings. 'Yard Regulations' to al Bruce W. Bates lowinsufficient side yard Director of Code i i i • setback on the north and ,Enforcements ' south sides of the proper- 607-273- 1783 ty, and to allow insufficient `t3/8/2010 v ,