HomeMy WebLinkAboutZBA Minutes 2012-12-17 TOWN OF ITHACA ZONING BOARD OF APPEALS
Minutes
Monday December 17, 2012
Present : Kirk Sigel , Chair; Bill King , Ron Krantz , Rob Rosen and David Mountin
Alternates : Yvonne Fogarty & Andrew Dixon
Staff : Bruce Bates Director of Code Enforcement , Susan Brock, Attorney for the Town ,
and Lori Kofoid , Deputy Town Clerk
Chairman Sigel opened the meeting at 7 : 04 pm
Appeal of An -Yi Pan and Robin Burlingham , owners , requesting a variance from the
requirements of Chapter 270 -71 ( E ) "Yard regulations" of the Town of Ithaca Code , to
be permitted to place a 6 ' x 8 ' accessory shed in the front yard where an accessory
shed is only allowed in the rear yard , located at 216 Northview Rd West , Tax Parcel No .
42 . - 1 -9 . 314 , Medium Density Residential .
An -Yi and Robin Burlingham , owners were present to answer questions . Ms .
Burlingham read two letters provided to them by their neighbors that reside on either
side of the applicants that support the owners in maintaining their shed where it is
currently located . Lloyd E . Hall of 217 Northview Rd West expressed that he has no
® complaint regarding the shed being located where it currently is and that it is "a well
maintained structure that is fairly heavily shielded by natural growth" . Louis Munch and
Susanne Maloy of 214 Northview Rd West stated that the shed is " unobtrusive , tucked
into trees , and we are oblivious to it" . They would not like having the shed moved to the
back yard to be in compliance because it would then be visible to them .
The board discussed with the owners where the shed is on the property because it was
not clear on the survey map that was provided . Mr. Rosen asked for clarification on the
length the shed has been there and where the shed is on the plot plan . The shed has
been there for approximately 5 years . It is along the driveway in front of the trees .
Mr. Rosen and Ms Fogarty asked for explanation of how this came before the ZBA . The
owners filed an application for a building permit which prompted the notice that the shed
was out of compliance . Mr. Bates outlined the measurements from the property lines to
the shed that he measured . At the " Edge of Pavement" pin , Mr. Bates measured from
the edge of the pavement to the pin which is roughly 13 ft ; he measured off the
pavement to the shed , the shed is roughly 21 ft off the Town 's Right of Way. He also
measured from the utility box on the property line to the shed and to the side yard it is
roughly 10 ft 10 inches . Total overall was 34 ft off the pavement and 21 ft off of the right
of way . The wood shed that is on the property is legal because it is in the side yard .
This appeal does not require a SEQR because it is Type II .
® Public hearing opened at 7 : 15pm and closed without public comment at 7 : 15pm .
ZBA 12/ 17/ 12
Page 2 of 4
ZBA Resolution No . 2012- 70 , Area Variance , 216 Northview Rd West,Tax Parcel
428-1 -9314.
December 17, 2012
Motion made by Kirk Sigel , chair seconded by Ron Krantz
That this board grants the appeal of An -Yi Pan and Robin Burlingham , owners ,
requesting a variance from the requirements of Chapter 270 -71 ( E ) "Yard regulations" of
the Town of Ithaca Code , to be permitted to place a 6 ' x 8 ' accessory shed in the front
yard where an accessory shed is only allowed in the rear yard , located at 216 Northview
Rd West , Tax Parcel No . 42 . - 1 -9 . 314 , Medium Density Residential with the following :
Conditions
1 . The shed be no closer to the side property line than 4 1/2 ft . and no closer to the
front property line than 19 ft . and ,
2 . The shed remain in its approximate present location and ,
3 . The shed will not be expanded in size .
With the following
Findings
1 . That the benefit to the applicant does outweigh the detriment to the health , safety
and welfare of the community , specifically that the benefit that the applicant
wishes to achieve which is the applicant not needing to somehow place the shed
in the rear yard which would be difficult given the layout of the property and the
layout of the proximity of their neighbor's property as well as the benefit to their
neighbors which is that they would prefer not to see the shed in the backyard can
not be achieved by any other means feasible and ,
2 . That there will not be an undesirable change in neighborhood character or to
nearby properties given the shed 's existence for approximately 5 years and the
support of the neighbors and ,
3 . That while the request is substantial , allowing the shed in the front yard where it
is not allowed , nevertheless the benefit to the applicant does outweigh the
detriment to the health , safety and welfare of the community and ,
4 . That the request will not have any adverse physical or environmental effects
given that it does not involve any new construction and only involves a shed that
sits on the ground without any sort of permanent foundation and ,
ZBA 12/ 17/ 12
Page 3 of 4
® 5 . While the alleged difficulty is self created , that again the benefit to the applicant
does outweigh the detriment to the health , safety and welfare of the community .
Vote : Ayes- Sigel , Krantz , Mountin , King , and Rosen
Nayes — none
Motion passed unanimously.
Agenda Item — Approval of meeting schedule
ZBA Resolution No . 2012=71 , Meeting Schedule for 2013
December 17, 2012
Motion made by Kirk Sigel , chair and seconded by Bill King .
Resolved , that the Zoning Board of Appeals of the Town of Ithaca adopts the following
schedule of meetings for the Year 2013 .
The Town of Ithaca Zoning Board of Appeals will meet at 7 : 00 p . m . on the third Monday
of the month in the Town Board Room in Town of Ithaca Town Hall , unless otherwise
noted .
January 28
(third Monday is Martin Luther King Day)
February 25
(third Monday is President ' s Day)
March 18
April 15
May 20
June 17
July 15
August 19
September 16
October 21
ZBA 12/ 17/ 12
Page 4 of 4
November 25
(third Monday is Town Board meeting )
December 16
Vote : Ayes — Sigel , Krantz , King , Rosen and Fogarty
Nays — none
Abstained — Mountin
Motion passed unanimously .
Agenda Item — Nomination of Chair for the Year 2013
ZBA Resolution No . 2012- 72 , Recommendation of Chairperson for 2013
December 17, 2012
Motion made by Ron Krantz , seconded by Rob Rosen .
Resolved , that this Board recommends to the Town Board of the Town of Ithaca that
Kirk Sigel be appointed as the Chair of the Town of Ithaca Zoning Board of Appeals for
the year 2013 .
Vote : Ayes — Krantz , King , Rosen , Mountin and Dixon
Nays- none
Motion passed unanimously
Other business .
The ZBA discussed an appointment to the Codes and Ordinances Committee for 2013 .
Bill King agreed to continue on the Committee .
A Resolution of Appreciation from the Town Board was presented to Mr. David Mountin
his dedication and service to the Town . ZBA members spoke words of appreciation to
Mr. Mountin , as did Mr. Bates and Ms . Brock .
Meeting was adjourned at 7 : 28pm .
r
Kirk Sigel , Chai
Lori Kofoid , Deputy T n Ier
i
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , Lori Kofoid , 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:
o.
ADVERTISEMENT : PUBLIC HEARING
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
Monday, December 17 , 2012
7 : 00 P . M .
Date of Publication : Friday, December 7 , 2012
Location of Sign Board Used for Posting : Town Hall Lobby
Public Notices Board
215 North Tioga Street
® Ithaca , NY 14850
i
Date of Posting : Wednesday , December 5 , 2012
A.
Lori Kofo
/ Deputy Town Clerk
Town of Ithaca
STATE OF NEW YORK)
COUNTY OF TOMPKINS ) SS :
TOWN OF ITHACA)
Sworn to and subscribed before me this 5th day of December 2012 ,
Not Public
Debra DeAugistine
Notary Public - State of New York
No. 01 DE6148035
® Oualified in Tompkins County
My Commission E)pires June 1 g, 20
ITHACAIOURNAL -tC `• 56
CLASSIFIED i-
i�` ; ,✓ � r � � .� ( v s j v `'�a 'f ,v v � \ '% . j +, q _ � + \ ' ,
`51 t i x u t
i
Legats 050 LOWS 050!
for the construction of side- Parcel No. 42.- 1 -9.314,
walk, driveways, and curb- Medium Density Residen-
F R I D AY , DECEMBER 7 , 2012 ing along the 100 and 200 tial.
A
`t blocks of Elmira Road (be- Assistance will be provided
tween Albany St. and NYS for individuals with special
e '� + rt i �-,•- Route 13). The meeting needs. upon request. Re-
s
starts at 4:45pm and the quests should be made not
F ' . \} \ , \ _-.; , hearing will take place less than 48 hours prior to
1
shortly thereafter. the public hearings.
f All interested parties will be
- given an opportunity to be Bruce W. Bates
{
heard. After the public Director of Code
e , + j r , E hearing, the Board may de- Enforcement
V.
termine to make the im- 607-273- 1783
provements in accordance
' -- - - - the City Charter, which Dated: - December 5, 2012
states that the Board of 12/7/2012
Public Works may direc'
that sidewalks, driveways
and curbing may be laid or
111 any street or part thereof
pursuant to plans adopted
' by it and that the costs for
such improvements shall
be assessed to the adjoin-
mg property owners, ex
! cept that 50% of curb work
in this zoning district will be
f paid by the City at large.
�• By Authority of the Board
of Public Works
1 William J. Gray, P.E.,
Superintendent of Public
Works •
Nov. 28, 2012
i 12/4, 12/7/2012
REMINDER
2012 SCHOOL TAXES
FOR THE CITY SCHOOL
DISTRICT OF ITHACA
ARE BEING RECEIVED AT
ANY TOMPKINS TRUST I
COMPANY
OFFICE OR ATM '
Or Mail To:
ITHACA CITY SCHOOL t
DISTRICT
I C/O Tompkins Trust t.
Company
PO Box 6533 -
Ithaca, NY 14851.
j December 1 , 2012 THRU
December 29,2012'
WITH 3% PENALTY
PHONE: (607)274-2217
FOR INFORMATION
12/7 /2012
TOWN OF ITHACA \
ZONING BOARD OF
APPEALS
NOTICE OF PUBLIC
HEARINGS
. . . Monday December
17, 2012
215 North Tioga
Street, Ithaca
7:00 P.M.
Appeal of An-Yi Pan and
Robin Burlingham, owners,
requesting a variance from
' the requirements of Chap-
ter 270.71 <FJ 'Yard regular
v'rDi % J "" " � iions' of the Town of Ithaca
:.�
Code, to be permitted to
^1 I •
r " �1,; r_1 place a 6' x 8' accessory
%df:yf. .� ! ,:I!oc1,-7ur, tt "%J ;,r, shed in the front yard
-- -^ where an accessory shed
;is only allowed in the rear
yard, located at 216
'Northview Rd West, Tax
AFFIDAVIT OF SERVICE BY MAIL
WATE OF NEW YORK ) SS . :
COUNTY OF TOMPKINS )
I, Lori Kofoid, being duly sworn, deposes and says , that deponent is not a party to the actions, is over 21 years of
age with a professional address of 215 North Tioga Street, Ithaca, New York.
That on the 5 `h day of December 2012 , deponent served the within Notice upon the property owners of the
following Tax Parcel Numbers :
216 Northview Rd West, Area Variance
Duncan Bell David Bulatek Harold Cox
213 Northview Rd W 205 Northview Rd 348 Coddington Rd
Ithaca, NY 14850 Ithaca , NY 14850 Ithaca, NY 14850
Barbara Fox David Gondek Lloyd Hall
295 Durfee Hill Rd 207 Northview Rd W 217 Northview Rd W
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Stephen Hilbert Henry Hilker Barry Howell
208 Northview Rd W 168 Kendall Ave 215 Northview Rd W
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
40arry Howell Ithaca College Linda McBride
15 Northview Rd W 953 Danby Rd 212 Northview Rd W
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Harry Miller Louis Munch Leigh Ulrich
210 Northview Rd W 214 Northview Rd W 209 Northview Rd W
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Louis Withiam
206 Northview Rd W
Ithaca, NY 14850
By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the
United States Post Office Department within the tat of New York.
�Y^4\
Lori Kofoid, Deputy Town le k
Town of Ithaca
Sworn to before me this 5 `h day of December 2012 .
otary Publ Debr �DeA gtstine
Notary Publi - to of New York
No. 01DE6148035
Qualified in Tompkins County
My Commission Expires June 19, 20