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HomeMy WebLinkAboutZBA Minutes 2004-10-25 TOWN OF ITHACA ZONING BOARD OF APPEALS MONDAY, OCTOBER 25, 2004 7:00 P.M. PRESENT: Harry Ellsworth, Vice Chairperson; Ronald Krantz, Board Member; Dick Matthews, Board Member; Jim Niefer, Board Member; John Barney, Attorney for the Town (7:05); Michael Smith, Environmental Planner. ABSENT: Andy Frost, Director of Building/Zoning. EXCUSED: Kirk Sigel, Chairperson OTHERS: John Mount, 262 Hayts Rd.; Valerie Mount, 262 Hayts Rd.; Bill Farrell, 581 East Miller Rd.; Deirdre Anderson, 20 Renwick Dr.; Jason Demarest, Tallman & Demarest Architects. Vice Chairperson Ellsworth calls the meeting to order at 7:03 p.m. Vice Chairperson Ellsworth - Let's get started. This is the October monthly meeting of the Zoning Board of appeals. There are only three appeals tonight. The last one didn't make it through the Planning Board meeting. The first appeal is of John Mount, requesting a variance of building heights and building setback at 262 Hayts Rd, Town of Ithaca Tax Parcel 24.-1-34.3. Second appeal is of William Farrell, requesting a variance to create a subdivision building/lots with lot widths of 100-103 feet (whereas 150 feet is required). And with some exceptions to side yard setbacks. That's Town of Ithaca Tax Parcel 48.-1-5.2, Low Density Residential Zone. The third appeal is of Deirdre Anderson, requesting a variance to be permitted to enlarge a non-conforming building lot with a building addition. That's at 20 Renwick Heights Rd. We'll start with the first appeal. John, do you want to go over your request, and give your name and address please. I know where you live. APPEAL of John Mount,Appellant, requesting a variance from the requirements of Article VI, Section 270-32(3) of the Town of Ithaca Zoning Ordinance, to be permitted to construct a two-story detached garage with a building height of 25 feet (only single-story garages allowed) and with a building setback of 15 feet, at 262 Hayts Road, Town of Ithaca Tax Parcel No. 24-1-34.3,Agricultural Zone. Mr. Mount- My name is John Mount, this is my wife Valerie, and I'd just like to read... Vice Chairperson Ellsworth - Give your address please. Mr. Mount- 262 Hayts Rd, Ithaca, NY. We wish to build a two story, 2-car garage with workshop on the first floor, storage upright on the second floor. This would allow us to make more living space for our first-born child due last day of November, at 1:00. TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Second floor storage will allow us to create a bedroom in our home for visitors, three grandchildren, coming, and the first floor workshop will allow us to clean out the basement and remove the drill saws,power-tools and garden equipment, and many other items that have accumulated over the years. Being in an agricultural zone, we know that 270-32 yard regulations says we can't build a 2-story without being 40 feet away from our house. Well, from our house to our property line is 57 feet, take away 15 feet from our neighbors variance, that leaves a total of 2 feet to build our structure. With your amendment of this regulation, we can stay 15 feet form our neighbors line and 16 feet from our house, we would be able to build a 2606, 2-story garage with storage area. This would not affect any of our neighbors in any way, or hurt the environment whatsoever. It will complement our home, and certainly help us, room-wise. We have signatures from our neighbors, we have pictures, we have blueprints of what we'd like to build, if you'd like to see anything. Vice Chairperson Ellsworth - Do you want to submit those signatures to the board then. Mr. Mount- Exhibit A. Mr. Matthews -How many neighbors do you have around your house? Mr. Mount- We have, actually we have nobody on the other side it's agriculture, it's just a big field. We have Mrs. Stanton down the road about 1/8 of a mile. Harry kind of knows our layout. And up the road about 1/81' of a mile we have another. Our immediate neighbor, his roadways adjacent to us, it's like 30 feet. He's about �/z mile back in the woods... He's given us permission to uhhh..... Here's another thing... [trails off] Mr. Coakley, Deputy Clerk—Sir, I can't pick you up on the microphone. Vice Chairperson Ellsworth - You got to go back to the... or sit down there. Mr. Krantz - In any case, all three neighbors have agreed. Mr. Mount- Yes, we've got signatures from 5 or 6 neighbors. We went further, we got everybody around. Vice Chairperson Ellsworth - Well, your closest neighbor is 1/81i of a mile, what's the closest one? Mr. Mount- Well, actually, her brother owns a property right up above us Harry, and he signed too of course, and that's almost 3 acres. Mrs. Mount - So if you are looking for an actual physical home, Mrs. Stanton which is probably an eighth of a mile. 2 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Mr. Niefer- In the material you submitted, I didn't see any indication as to how, what the total height of this two-story garage is going to be. What is it? Mrs. Mount - 25. Mr. Niefer- How much? Mrs. Mount - 25 feet. Mr. Niefer- 25 feet? Mr. Matthews - from ground to peak? Mrs. Mount - Yes. Mr. Matthews - The lost next to you that is presently owned by someone else that has no house on it... you're 15 feet from the property line, you're intended for 15 feet. And next to that is an open field? Mr. Mount-Next to that is probably 30 feet of brush and trees before he hits his driveway. It's like a medium and then he lives a half mile. It's like just in between our property line and his driveway is just brush. Vice Chairperson Ellsworth - I think it shows in the picture you got there. Mr. Mount- It doesn't, I probably should have pointed that out, Harry. Mr. Matthews -And there's 30 feet between the property line and his driveway. Mr. Mount- That's correct. [pause] Mr. Matthews -Harry, would you clarify for this relative dummy, the variance here is the two-story garage, correct? Vice Chairperson Ellsworth - Yup. Mr. Matthews -And the closeness to the property line? Vice Chairperson Ellsworth - The building setback. Mr. Barney - It's sort of one or the other in a way. They're looking.... The law would permit them to build a one-story garage fifteen feet from the sideline. It doesn't allow a two-story garage without a variance. So the variance is either to allow a higher than permitted building within 15 feet or 15 feet away, or it's to allow a big building to 3 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES shorten down the 40 foot limitation to 15 feet. So, it's kind of hard... Either way, the application is, in either way, an area variance application. Mr. Matthews - One of the questions I asked is how close his property line is to the next house. Vice Chairperson Ellsworth - Well, not house,piece of property. The next house is 1/81' of a mile. Mr. Matthews - Well, he said his driveway. But my concern was, would somebody be able to in the future, build a house between that driveway and his property line, and he says it's only 30 feet. So, I'm assuming that no home can go in there. Do I assume correctly? Vice Chairperson Ellsworth - Well, yeah, they'd be back in here for a 5-foot setback or something. Not then, but the people who build the... Mr. Barney - You're referring to the parcel that's shown as 216 on this colored map, and I think that's to scale, is that 30 feet, is that correct, for the frontage on the... Mr. Mount- It's close. Mr. Barney - Yours is this yellow piece, and I think this is oriented north, I hope, and that would be this property adjacent to the right hand side... Mr. Mount- That's correct. Mr. Matthews - It would be difficult to wedge a house in there. Mr. Barney - The answer would be... Mr. Niefer- The road frontage on your property is, which, 150 or 300? One sketch seems to show 300, and another sketch seems to show 150 as the road frontage. Which is it? Mr. Mount- It's 150 going across and 300 going back. Mr. Matthews - 151. Mr. Niefer- Did you look at the possibility of building a one-story garage with approximately the same storage space? Mr. Mount-Uh, actually, we did. And we need more storage space, that's why we want to go with the two-story. There are special trusses that can be made where you have a 6- foot opening and I think it was 6 feet wide and 6 feet high, and it's just not what we wanted. We won't build it if that comes out of it. 4 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Mr. Matthews - What is the intent of the rule to have only a one-story garage? What is the purpose behind that rule? Mr. Barney - I think it was a reflection of history, really, that you set a side yard requirement,. But people generally accepted garages as somewhat closer to their boundary line than other buildings, so the garage limitation was, instead of being 40 feet was reduced to 15 feet, and that's been historical in the ordinance really since I've come here. Mr. Matthews - I mean the stories. Mr. Barney - Oh, the height? Mr. Matthews -Yes, I'm sorry. Mr. Barney - I think that's in essence history as well, it's just typically they have a fifteen foot overall limitation on any accessory structure, including a garage. Mr. Smith - I don't think there's a height limit in the Ag district for an accessory building, because we couldn't find it when we were looking for it. The other districts specify accessory buildings... Mr. Matthews -What I'm trying to arrive at is what's the basis for restricting a homeowner to build only a one-story garage? Mr. Barney - Well, you can build a two-story garage if you build it within the normal setback, which in the Ag zone is a fairly large setback, but in a residential area, the setbacks are somewhat smaller. Mr. Matthews - I'm trying to find in my twisted mind, the reasoning behind it. Mr. Barney - I think that the rationale, to the extent that I could articulate it, is that it's just a mass of building. Vice Chairperson Ellsworth - Mass and how it looks from the road. Mr. Barney - The next door neighbors, instead of looking up at a single story house with a relatively low profile, and therefore relatively low impact on his light and air is going to look at one that goes up another 20 feet or 15 feet. Mr. Matthews - So it's a visual concern. Mr. Barney - Visual, and light, yeah. Mr. Matthews - Somewhat like the Cimelli building across the street. 5 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Mr. Barney - Tell me about it. My office is across the street from that. Mr. Matthews - It's a terrible analogy, but.... Mr. Barney - No, it's a good point, and it is blocking out of light, I'll tell you. Mr. Matthews - So you live way out on Heights road? Mr. Mount- Hayts road, yes. Vice Chairperson Ellsworth - It's beyond the hospital, it's the first left beyond the hospital. Mr. Matthews - I know where it is. Mr. Krantz - That's not going to obstruct any views. Mr. Matthews - It's quite rural, correct? It's quite rural? Mrs. Mount - It's very rural, across the road is open... Vice Chairperson Ellsworth - And out beyond them is artificial insemination farm. Mr. Matthews - Thank you. Mr. Barney - Now, can I ask a slightly personal question? The history here I got a little confused, because we're talking about a first-born child due the first week in December, and then we're talking about three grandchildren. And I'm not quite sure how we get from the first-born child to the three grandchildren. Mrs. Mount -Here's the first. Mr. Barney - OK. Mrs. Mount -And then we have three grandchildren on the way, and they're all going to be born within two months of each other. Mr. Barney - But not of that child you've got your first-born child there. Mrs. Mount -We just threw that little extra information in there for you. Vice Chairperson Ellsworth - The whole family is after a tax deduction. Mrs. Mount -Expecting a lot of family. 6 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Vice Chairperson Ellsworth - Any other questions from the board. OK, we'll open it to any comments from the public. Anyone want to... Vice Chairperson Ellsworth Opens the public hearing at 7:18 p.m. Mr. Farrell - I think you ought to grant it. Mr. Mount- Thank you sir. Mr. Barney - You're required to stay for the next one and make the same comment. Vice Chairperson Ellsworth - Do you want to come up and give your name and address? [Pause] OK, I guess that's all we got from the public. We'll close the public hearing. Vice Chairperson Ellsworth closes the public hearing at 7:19 p.m. Vice Chairperson Ellsworth - There's no environmental, Mike? Mr. Smith -No. Vice Chairperson Ellsworth - Any further questions from the board? Can I get someone to make a motion on the appeal? Louder. Mr. Matthews - I make a motion to approve the request. Vice Chairperson Ellsworth - Can I get a second? Mr. Krantz - Second... but can we make it a little more formal? Mr. Barney - Yeah, could the motion be to grant a variance for the construction of the garage as shown on the plans at a height not to exceed 26 feet to give you a little room for error. As requested. With the findings that all of the requirements of section, whatever the new section number is, are in place for the granting of an area variance. Mr. Krantz - OK, and it's on Ithaca tax parcel 24-1-34.3. Mr. Barney - Correct. Vice Chairperson Ellsworth - All those in favor? ZB RESOLUTION NO. 2004- 050: John Mount, 262 Hayts Road, Town of Ithaca Tax Parcel No. 24-1-34.3, Agricultural Zone MOTION made by Dick Matthews, seconded by Ronald Krantz. 7 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES RESOLVED that this Board grants the appeal of John Mount Appellant, requesting a variance from the requirements of Article VI, Section 270-32(3) of the Town of Ithaca Zoning Ordinance, to be permitted to construct a two-story detached garage as shown on the applicant's plans, with a building height of 26 feet (only single-story garages allowed) and with a building setback of 15 feet, at 262 Hayts Road, Town of Ithaca Tax Parcel No. 24-1-34.3, Agricultural Zone. FINDINGS: The requirements for an area variance have been satisfied. CONDITIONS: None. The vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Matthews NAYS: NONE The MOTION was declared to be carried unanimously. Vice Chairperson Ellsworth -None opposed, so you're all set. Call Andy when you get a chance. Mr. Mount- OK, thank you very much. Well, there's one more thing while I have you all here. I have a signature from my neighbor on that 15-foot variance that I can come closer to his property, as close as I want. It is the medium. Vice Chairperson Ellsworth - Well, you have to stay with what's been approved. Mr. Mount- OK, I know that's pushing my luck, but it sure would be nice to get a few more feet. Mr. Barney - You got a pretty good variance. Vice Chairperson Ellsworth - Go out the back. Mr. Barney - You got 25 out of 40, if you keep pushing, they might push back, so you probably want to stop there. Mr. Mount- Thanks a lot. I appreciate it. Mrs. Mount - Thank you. Mr. Matthews -Here's your pictures sir. 8 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Vice Chairperson Ellsworth - Keep the signatures from the neighbors. APPEAL of William Farrell,Appellant, requesting variances from the requirements of Article VIII, Sections 270-60 and 270-62 of the Town of Ithaca Zoning Ordinance, to create by subdivision,building lots with lot widths of 100 +to 103 +feet(150 feet required at the maximum front yard setback) and with existing residences having side yard building setbacks of 23 +to 26+feet(40 foot setbacks required). Said subdivision is to take place at 669 Coddington Road, Town of Ithaca Tax Parcel No. 48-1-5.2, Low Density Residential Zone. Vice Chairperson Ellsworth - Give your name and address and briefly what your appeal is. Mr. Farrell - 581 East Miller Rd, Town of Danby. Town of Ithaca mailing address. Vice Chairperson Ellsworth - What's your name? Mr. Farrell - I suppose that would help. Bill Farrell. Vice Chairperson Ellsworth - You want to describe briefly your appeal, Bill? Mr. Farrell - Well, I don't know why I'm here, but the houses that were built in 63 and 69 sometime around there. And at that time it was legal for the width and the setback and everything was according to the zoning. So, the only thing that I'm doing is dividing it off of the 13 acres that the two houses were on. And you probably have maps of that there, because I had maps and they took everyone I had. I only had 24 of them, so I don't know how many people got them. Vice Chairperson Ellsworth - Well, the first thing is that the regulations changed. We just had a new ordinance changes, and we don't grandfather things here, so that's probably why you're here. Mr. Barney - Well, that's not quite accurate. We do grandfather things here, but this is grandfathered in allowing having multiple buildings on one lot. What's creating the problem is now desiring to sell them as three separate lots, and now they can't make the lots conform. Mr. Smith - Right, the subdivision is what created the deficiencies. Mr. Matthews - So where are the lots on this? The map doesn't show where the lots are being cut off. Yes it does... Mr. Smith - Right now the lot consists of parcels B, C, D and E which contain two houses at 667 and 669. 9 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Mr. Matthews - OK, now what's the access to these lots? Mr. Farrell - Coddington Road. Mr. Smith - 667 and 669 have driveways right onto Coddington Road. Mr. Matthews - They don't all front Coddington Road. Mr. Smith -Parcel B will be consolidated with Parcel A which will give it road frontage. Mr. Matthews -Parcel B... Mr. Smith - With parcel A, the apartment building. So that will have road frontage there, and then Parcel E in the back, Mr. Farrell is working on... Mr. Matthews -Where is B's road frontage? Mr. Smith - It's going to be consolidated with Parcel A so it will become one lot. Mr. Matthews - But there's a building going across the whole width of that property. Mr. Barney - Wait a minute. B at the minute has no frontage. B is going to be linked to A. One of the conditions of the subdivision approval is that B will be linked to A and so that now A and B will constitute one parcel only. And A has frontage on Coddington Road. Mr. Matthews - In other words, there will be no residents on Parcel B as we see it. Mr. Barney - That's correct. Mr. Matthews - That will be just open field? Mr. Farrell -No, there's no access to parcel B. Mr. Matthews - That's my question. Mr. Barney - Yes, it will be a big backyard for A. Mr. Matthews - So what's the subdivision? I don't understand the subdivision. In my mind it sounds like houses. Mr. Farrell - It's got to be divided so I can sell these houses. I'm not going to live forever so I've got to sell these houses. 10 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Mr. Matthews - I see. OK, so what you're doing is extending the property of each house, or each building, whatever the case may be. Mr. Farrell - Right. They were going to be 200 or 250 foot is what was surveyed off at first. And I'm extending it back because the Town of Ithaca won't give me sewage out there and I might need a little extra land for a septic field or something. Mr. Matthews - That's what I'm leaning towards here. Vice Chairperson Ellsworth - And then that's going to be a new road that goes back to Parcel E? Mr. Barney - No- Mr. Smith -No- Mr. Farrell -No, no new road. It's actually on the city right of way to the reservoir. There is a right of way to the city to the reservoir. The city is interested in buying the back land. If they buy it, it won't be consolidated with the A property. If they don't buy it, then it will be consolidated with the apartment house on lot A there. Mr. Matthews - Basically all you're doing is requesting to be able to run your property line back further on each one of these... Mr. Barney - No. No. Right now, Dick, these are all one parcel, B, C, D and E. You can imagine a line goes right around the perimeter of those. That's all one parcel. Our law, when Mr. Farrell built these allowed these two buildings to be constructed on one parcel. Today you couldn't do that, but back in the dark ages when Bill was doing this, it was permitted. Now he wants to sell them, so, he's cutting out, he's creating the lots right now for the first time. Lots C and D are the lots he's requesting go with the houses that are up in the front. Mr. Matthews - I understand. Mr. Barney - So he's not extending any lots, I think he's creating lots now, separate lots for the first time. Or, I should say the Planning Board, at the planning board he requested to create those lots, and they granted the request, subject to a bunch of conditions, one of which is you folks granting a variance because he has deficient frontage for lots now under our current ordinance. Mr. Matthews - OK, thank you. I keep asking silly questions. Mr. Barney - No, no,please do. We want you to ask questions. That's what we're here for. We may not always be able to answer. We may not always be able to answer. 11 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Vice Chairperson Ellsworth - We should be able to understand what we're voting on. Any other questions from the board? Mr. Krantz - The city, you will assume, will pick up on E? Mr. Farrell - Well, the city doesn't move to fast, so there's no telling when. I'm not sure what I got to do, but, to sell the house that I would like to sell. If I have to, I'll put it onto the apartment house, the back land, so it will have the road frontage as one parcel. Mr. Barney - Where does it stand with the city? When you were in before the Planning Board you had talked to the city but didn't have a firm agreement yet? Mr. Farrell - The city hasn't gotten their estimate or whatever they got to do. Mr. Barney - The appraisal? Mr. Farrell - They're more interested in doing something else. But they are interested in it. Mr. Barney - Because I suspect, and Mike can correct me, but wasn't the condition before the plat would be signed that you had to have a contract with the City? Mr. Farrell - Either that or put it on the other parcel. Mr. Barney - Which would mean a slightly revised subdivision map to get signed. In other words you would have to come up with another map eliminating the line between B and E. Mr. Smith - and E would have to reference where it's actually going. We just need a map showing where it's actually going to. Mr. Krantz - Can we approve something that's either-or? Mr. Barney - The only thing you're being asked to approve, as I understand it, the only thing you're being asked to approve is the frontage deficiency. Mr. Smith - On lots C and D. Mr. Barney - On lots C and D. Mr. Niefer- Can we approve a subdivision wherein one of the parcels may not have a road frontage? Mr. Barney - You're not approving the subdivision. That's not your function, that's the planning board's function. And they have protected that road frontage issue by requiring E and B for that matter, both to be attached in one form or another both to property that 12 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES does have frontage on a road. The question is if E is a little bit up in the air because if it goes with the city it's with the reservoir property, if it doesn't, Mr. Farrell is required to attach it to Parcel A along with Parcel B. Mr. Niefer- So we would just be approving Parcels C and D? Mr. Barney - Yeah. The frontage deviation from 150 feet. Mr. Matthews - I am in a quandary again. Mr. Barney - OK. Mr. Matthews - Our forefathers, in their wisdom, already approved Mr. Farrell building these three buildings on a previous lot line size, the frontage size, correct? Mr. Barney - They approved the building of the buildings... I assume they did, I mean I didn't look at the records, but at the time the approval was given, I don't believe there was a prohibition on building more than one building on a lot. So that they were built and frontage was probably not even an issue at the point in time. It's now, when they come to be subdivided. In other words, I think Mr. Farrell if he chose to, could sell the multiple residents, or the apartment building, Parcel A, and parcel B and parcel C,parcel C and parcel D. A,C,and D, E. All of them he could sell as one parcel if he chose to. In fact, he could probably sell C, D, B, and E, because I think it's the way it's allowed as presently configured, as one parcel. And they wouldn't need to come before us or before the planning board. What's creating the need is he doesn't want to sell together, he wants to sell them as separate buildings, which is logical. Mr. Matthews -As Mr. Farrell said himself when he began presenting his request, he didn't know why he was here. And I have the same question. Because he's already been given approval for the three buildings, and all he wants to do is extend the length of the property. Mr. Barney - No. Mr. Matthews -No? Mr. Barney - He was given approval to construct three buildings, I assume. But he was not given approval to subdivide the land, because he didn't ask for that at that time. At that time, Mr. Farrell, I assume, built them to own and rent and either live in or have some income out of. It is now the effort to sell them as separate pieces that provokes both the subdivision process and because there is no longer sufficient frontage, he probably would have met the frontage requirement some time ago. Has this always been R-30? Mr. Smith - Yeah, for a while. 13 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Mr. Barney - It might have met the subdivision requirements, I don't remember what the limitations were back in the 60's, but it doesn't meet them now and hasn't met them for a number of years, because R-30 has been 150 feet of frontage for quite a while. Mr. Smith - And the new subdivision line that splits the buildings creates setback problems on the two existing buildings. Mr. Barney - On each side. Mr. Matthews - So clarify for me,please, what do we as a board, have to overcome tonight, or approve? Mr. Barney - You are being asked to say A, he can have these subdivided lots with frontages that are less than what the ordinance currently requires. B, he's allowed to have lots that have less than the required side yard requirements, because of where the houses are presently located and where this line is going to go between them, is creating a deficiency in what otherwise would be required for side yard. Mr. Matthews - OK, thank you. Cleared it right up. Mr. Barney - Temporarily, anyway, right. Vice Chairperson Ellsworth - Any further questions from the board? I open the meeting up to the public for comments. Vice Chairperson Ellsworth opens the public hearing at 7:33 p.m. Vice Chairperson Ellsworth - Anyone wish to speak come up to one of the two microphones, give their name and address. We'll close the public hearing since no one wants to get in front of the microphone. Vice Chairperson Ellsworth closes the public hearing at 7:34 p.m. Vice Chairperson Ellsworth - We have an environmental assessment, I guess you didn't do this one Mike, but do you have any comments on this one? Mr. Smith -No comments, I'm not even sure it needs it. Mr. Barney - Yeah, I don't think it does, because we're back to area variances or residential. Vice Chairperson Ellsworth - So we don't have to accept this? OK, getting easier tonight. Any further questions from the board? Someone make a motion on the... Mr. Krantz - I would move that we accept the appeal of William Farrell for variances from the requirements of Article VIII, Sections 270-60 and 270-62 of the Town of Ithaca 14 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Zoning Ordinance, so that he can create building lots with lot widths of no less than 100 feet (whereas 150 feet is required for the maximum front yard setback) and with existing residences having side yard building setbacks of no less than 23 feet (whereas 40 foot setbacks are required). This subdivision is at 669 Coddington Road, Town of Ithaca Tax Parcels No. 48-1-5.2, Low Density Residential Zone. Vice Chairperson Ellsworth - Can I get a second on... Mr. Niefer- I wonder if you want to make reference to the planning board resolution and the conditions contained therein, as we have done in the past. Mr. Barney - Yes, I would recommend that. Vice Chairperson Ellsworth - OK, someone second that now? Mr. Matthews - Second. Vice Chairperson Ellsworth - We have a second. The appeal is granted. Mr. Barney - you need a vote, don't you? Vice Chairperson Ellsworth - Oh, all those in favor? ZB RESOLUTION NO. 2004- 051: William Farrell, 669 Coddington Road, Town of Ithaca Tax Parcels No. 48-1-5.2, Low Density Residential Zone. MOTION made by Ronald Krantz, seconded by Dick Matthews. RESOLVED that this Board grants the appeal of William Farrell, Appellant, requesting variances from the requirements of Article VIII, Sections 270-60 and 270-62 of the Town of Ithaca Zoning Ordinance, to create building lots with lot widths of no less than 100 feet (whereas 150 feet is required for the maximum front yard width) and with existing residences having side yard building setbacks of no less than 23 feet (whereas 40 foot setbacks are required). Said subdivision is to take place at 669 Coddington Road, Town of Ithaca Tax Parcels No. 48-1- 5.2, Low Density Residential Zone; and it is further RESOLVED, that such variances are subject to the following conditions contained in the Town of Ithaca Planning Board Resolution number 2004-093 adopted by the Planning Board on September 23, 2004- a. Within 180 day of this approval, consolidation of Parcel B, as shown on the plat entitled, "Subdivision Map Showing Lands of William F. Farrell," prepared by Allen T. Fulkerson, L.S., dated August 16, 2004, with Town of Ithaca Tax Parcel 48-1-5.1, as 15 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES shown on the survey plat; and submission to the Town of Ithaca Planning Department of a copy of the request to the Tompkins County Assessment Office for consolidation of said parcels, and b. Within 180 days submission of a contract or other evidence satisfactory to the Director of Planning and Attorney for the Town obligating the applicant to convey parcel E to the City or Ithaca, or submission of a letter from the applicant stating his intent to consolidate Parcel E with Parcel B and A, prior to signing of the plats by the Chairman of the Planning Board, and C. Within 180 days of this approval, consolidation of Parcel E, as shown on the plat entitled, "Subdivision Map Showing Lands of William F. Farrell," prepared by Allen T. Fulkerson, L.S., dated August 16, 2004, with an adjacent parcel owned by the City of Ithaca, as shown on the survey plat or consolidation of Parcel E with Parcel B and A and revision of the aforementioned survey plat to reflect this modification; and submission to the Town of Ithaca Planning Department of a copy of the request to the Tompkins County Assessment Office for consolidation of said parcels, and d. Submission for signing by the Chairman of the Planning Board of an original or mylar copy of the plat and three dark-lined prints, prior to filing with the Tompkins County Clerk's Office, and submission of a receipt of filing to the Town of Ithaca Planning Department, and e. Acquisition of the necessary variances from the Zoning Board of Appeals prior to signing of the plat by the Planning Board Chair, and f. Submission for signing by the Chairman of the Planning Board of an original or mylar copy of the plat and three dark-lined prints, prior to filing with the Tompkins County Clerk's Office, and submission of a receipt of filing to the Town of Ithaca Planning Department; and it is further RESOLVED, that this Board finds that the requirements for an area variance set forth in Town Law Section 267-b. 3. (b) have been satisfied. The vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Matthews NAYS: NONE 16 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES The MOTION was declared to be carried unanimously. APPEAL of Deirdre Anderson,Appellant, Jason Demarest,Agent, requesting a variance from the requirements of Article XXV, Sections 270-205 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a non-conforming building/lot with a building addition,located at 20 Renwick Heights Road, Town of Ithaca Tax Parcel No. 17-3-30, Medium Density Residential Zone. Said addition will be located 10 +feet from the front yard property line. While the existing home already encroaches within the 25 foot required front yard setback, a variance from the requirements of Article IX, Section 270-71 of said Ordinance may also be requested. Vice Chairperson Ellsworth - Want to give your name and address... Ms. Anderson - Sure, it's Deirdre Anderson, 20 Renwick Heights Rd, Ithaca. Vice Chairperson Ellsworth - If you want to briefly describe more than this does. Mr. Demarest- OK, I'm Jason Demarest of Tallman and Demarest Architects. I think we covered it, but in essence, due to the steep grade at the back of the property which you can see in the photos submitted and also the lack of space on the south side, the only place to put an addition would be on the north side. And due to the existing encroachment upon the required front yard setback, it doesn't really change the character of the neighborhood to expand in that direction, although it does reduce that front yard slightly. And in essence the desire to do this is to increase the size of the dining room in particular, and you can see from the plans submitted, it's pretty small. It dates back to a different era. We also have a letter here just describing the project and Deirdre took it around and had all the neighbors sign it. Vice Chairperson Ellsworth - That means it's OK with them, they weren't just passing around signatures. Mr. Demarest- Exactly. Vice Chairperson Ellsworth -Now, so, you're saying that it's not economical to set that addition back so you don't have this ten-foot setback problem because of this steep backyard. Mr. Demarest- Exactly. Where the deck is shown on the site plan, that's the last... and the rock wall, that's the last level spot. But more so to put the addition on and make it more economical it's just easier to extend the existing roofline which you can see in the photos submitted, and then just recreate that same shed dormer. To put an addition kind of onto the corner of a house is not economical, you're going to be constructing four sides in a sense. 17 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Vice Chairperson Ellsworth - Now, what's... Ms. Anderson - There really is no way to get machinery back there too, because the right of way for the neighbor in the back, there's a wall there, so there's no way to get a plow or a tractor in there. Mr. Matthews - The addition is going to be—you're going to bring the roofline out here and put a second floor on, is that correct? Mr. Demarest- Right, and then another shed dormer potentially that matches the front. Mr. Matthews -Another dormer? Mr. Demarest- Yes. Mr. Matthews -And you're not going beyond... I'll take it this is the west wall? Mr. Demarest - That wall is the north wall, the west.... so you're seeing the... Mr. Matthews - The north wall, is that going to be extended out? Mr. Demarest- Yes. Mr. Matthews -How far? Mr. Demarest- That's going to go out about five feet beyond what's existing. Mr. Matthews - So you're imposing on the setback five feet in width? Mr. Demarest- Right, and reduces that to around... Mr. Matthews - Some portion of five feet? Mr. Demarest- Right. Mr. Barney - That's reduced to 17 feet nine inches? Mr. Demarest- Right. The new addition reduces the side yard. Mr. Barney - That's within the ordinance, The ordinance is 15 feet isn't it? Mr. Demarest- Right. 15 feet is required. Vice Chairperson Ellsworth -Now are these your pictures looking down the street, intimating there's a house down the street? Is that within 10 feet? Is that the same sort of setback or is it back further? 18 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Mr. Demarest- That one, I believe is a little bit closer to the road, I'm not sure. Vice Chairperson Ellsworth - Than this addition will be? Mr. Demarest- It's probably about the same, but to be honest I don't know, I don't have a survey of that property, so I can't say for sure. Vice Chairperson Ellsworth - OK, well, I think you were trying to make a point here with this picture. I'm not wild about 10 foot setbacks, to tell you the truth. In fact, if you hadn't mentioned about the backyard dropping away to nothing, you wouldn't get my vote, even if there is one down the street. Mr. Demarest- I guess in my opinion, the current house has a setback of roughly 12 or 13 feet. Vice Chairperson Ellsworth - But that's just the corner, right? Mr. Demarest- Well, same thing here, it's still just the corner. Mr. Matthews - So you're just getting closer by extending that wall? Mr. Demarest- Right. Mr. Niefer- Do you have an architect's rendition of what this addition will look like? Mr. Demarest-Not at this point. We wanted top explore the setback issues and see if a variance is possible before expending... Mr. Niefer- It looks like... is this going to be an additional retaining wall that's going to be built here? I noticed this L-shape on the north end. Mr. Demarest - That's an existing structure. Mr. Niefer- Is that a retaining wall? Mr. Demarest- It's a rock, it's a rock. It's a stonewall, similar to the ones you see in the photos. That's just the one shown on the survey, which is actually outdated. Mr. Matthews - You can't see it. Mr. Demarest-No, you can't see it on the photos, it's just similar. Mr. Matthews - It's not very high. 19 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Mr. Demarest-No, no, I take that back. It's just railroad ties in the back. But it's just a dry-laid stonewall. But that's existing, that's not part of this project. It's actually not really like that, this is just from the survey map. Ms. Anderson - It's about three feet high, and I think it was just done for... Mr. Matthews - Something to trip over. Ms. Anderson -Yeah. Mr. Niefer- Are you planning to make any changes to your parking situation at the present time? You are just able to drive in this drive, and you don't have a garage. Are you planning to make any other provisions for parking on this property, or? Ms. Anderson -No, there's no place. Mr. Niefer- Right, I know there's no place, but I didn't know whether you were planning on bringing something in from the north or something or not...? Ms. Anderson -No, because there's a drop-off of the property from the sidewalk to where that wall is, there's a huge drop-off, and there's no way of driving the car in the back, because there's no... Mr. Krantz - So to summarize, you want to put in an addition. The good parts for us are the neighbors all approve. It's certainly not going to be an eyesore, it's not going to be particularly visible, and it'll even be attractive. But the problem is, we've got a rule that says 25 feet, and if you're going 4 or 5 feet that's one thing, but you're going to down to 10 feet from 25. That's sort of pushing it a bit. Mr. Niefer- On the other hand, let's not overlook the fact that many of the houses in the Renwick Heights area are in this queer situation, and this is not much different than what exists there, so the net result is the character of the neighborhood is not being changed by reason of the fact that there is only going to be a ten foot setback from the property line. So it's common in that area. Mr. Krantz - I'll accept that. Mr. Matthews - They never had 25 feet to begin with. Mr. Krantz -No. Mr. Matthews - I'd like to ask some questions regarding the ten-foot setback here. If we approve, that's what we'll end up with. And I don't know if this is something we can consider as a board or not, but with the increasing population that's becoming very evident in this area,is there any possibility that this road could be widened in the future? 20 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Mr. Niefer- The road? Ms. Anderson - It's a dead end street. Mr. Smith - There have actually been other applications for additions and things that have actually gone into the road right of way. I don't think there's much room to widen it. Mr. Matthews - That's why I'm asking that question—is there a possibility of widening that road? And you're saying not. Mr. Barney - Let me put it this way, anything is possible. But the likelihood of the town expending money to widen a dead end road, I would say that's pretty close to the bottom of the priority list of where the town is going to put its resources. Mr. Matthews - That's good, I can use that. But saying highly unlikely in Ithaca is a dangerous... Mr. Demarest- I believe it's a 50-foot right of way. It's a pretty good size corridor already. I don't think the widen the road, you would need to take any space from the property. Vice Chairperson Ellsworth - Did your neighbors to the north sign this? [inaudible]? Ms. Anderson - Yes, I got on both sides of me and front and all the way down the road. Vice Chairperson Ellsworth - What's their address? Ms. Anderson - It's Larry, Marilyn Edid... Vice Chairperson Ellsworth - 17? You're 20. Ms. Anderson - It's Marilyn Edid is the name. Mr. Matthews - They know you're here tonight? Ms. Anderson - Yes, and I have a sign... Mr. Matthews - And they haven't shown up to protest it? Ms. Anderson -No, everyone's fine with it, actually. Vice Chairperson Ellsworth - Any other questions from the board? Mr. Demarest - Actually, if I may, I want to add one other element that is easier to understand with the photo to explain... the existing house is really pretty small, and 21 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES currently the front entry, you open the door into the living room. There isn't really an airlock, and it causes problems obviously in the wintertime. Mr. Matthews - Which is the back? Mr. Demarest- From that the lower photo I provided there is one block away and up around, as an example of a porch that just kind of got glassed in, and we were wondering about how the board felt about taking the current overhang that's on the house and just enclosing it in glass. So basically just building a glass structure. Vice Chairperson Ellsworth - You're changing your floor plan, is that what you're saying? That's been submitted? Mr. Demarest-No, really. Because the porch is there, there's an overhang, we just want to put some glass between it. Ms. Anderson - That porch was put on... Laura Sachet owned the house a couple of... ten years ago, and the porch was put on for her child who was in a wheelchair. And actually the porch went all the way out as it is and it kept coming out into the property. So the owners before me, the Brookses, cut that portion of it off, and that's why the porch is there, and all I want to do is just enclose it. I don't want to put any heating in on it. I don't want to make anew structure. I just want to make anew structure, I just want to enclose it so that when I open the front door, I'm not allowing all the elements to come in. Vice Chairperson Ellsworth - You're having a problem with east wind, which is rare to have an east wind? Ms. Anderson -Well, actually, when I need to get my fire going, I open the front door, and the fire in the thing just pops right on like that and it starts right up. Mr. Matthews - Is that request part of this request? Mr. Demarest- It's additional. Vice Chairperson Ellsworth - I think it got kind of thrown in. They're not changing the footprint, they're just asking the enclose the porch, right? Mr. Demarest- Yeah, it's just sort of a judgment call, in my opinion, I mean it's not changing the footprint of anything. Vice Chairperson Ellsworth - I don't know, John? Mr. Barney - I get a little uncomfortable changing the application once it's been advertised and the public hearing is set, although looking at this public hearing notice one could I suppose waffle one's way in, because it does talk about enlarging the building, it 22 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES doesn't go into specifically what the building addition would be. But the application we got was pretty specific about what it was going to be. So I would probably suggest that if this is important enough to you, to come back with a separate application for that. Ms. Anderson - OK. Mr. Demarest- Would it be possible just to get an opinion from the board? As much as I think I can interpret zoning code, sometimes that is not the case. Mr. Krantz - It seems reasonable to me. Vice Chairperson Ellsworth - You're talking about the east side of the house facing the road? Mr. Demarest- Yeah,just the covered, where that little roof sticks out,just seal it in really. Vice Chairperson Ellsworth - Well, they're not changing the footprint, so I don't have a big problem with it, but like John says, you know, they've been through the advertising and everything. Mr. Demarest- Yeah, so we can bring that back. I would also like to add on the addition, since this is just exploring what you're willing to allow. As much as it really works a lot better to do it the way we have it shown, if you wanted us to not encroach any further than the existing house, assuming you don't want to approve the ten-foot setback. In some respects, we'd like to have a.... I don't think it's going to change, but just no more than ten feet. Vice Chairperson Ellsworth - You're either got to make it smaller or you didn't want to back it up earlier because the land dropped off. That was one of my first questions. Mr. Demarest- Well, what I was saying is we'd just pull the front in. Vice Chairperson Ellsworth - Yeah, it wouldn't be a 24-foot deep addition, it would be 20 feet or whatever, right? Mr. Demarest- Right, it's not an ideal scenario, but... Mr. Matthews -You mean there'd be a jog in the front house line? Mr. Demarest- Right. Vice Chairperson Ellsworth - He's saying if he can't get the ten foot approved, he'll pull in the width of the addition, so it's... 23 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Mr. Matthews - But your neighbors already said they have no problem with it, the ten feet. Ms. Anderson - That's right. Vice Chairperson Ellsworth - I don't think you should have brought that up. Ms. Anderson -No. Let's move on. Mr. Matthews - I'm relatively old, don't try to complicate things. Mr. Demarest- I'm just trying to cover all the bases. If we have an allowance for a certain setback that you're OK with, and we come back to the planning board with a final site plan, and we meet the requirements that you allowed, then we don't have to come back here. Vice Chairperson Ellsworth - Oh, to enclose the porch? Mr. Demarest-No,just if you said don't encroach any further than the current corner just as an example, then I could work with that parameter, but if you're willing to give the ten feet is obviously the easy solution for us. Vice Chairperson Ellsworth - Any other questions from the board? We'll open up for hearing the appeal for public comment. Vice Chairperson Ellsworth opens the public hearing at 7:53 p.m. Vice Chairperson Ellsworth - OK, we'll close the public hearing. Vice Chairperson Ellsworth closes the public hearing at 7:54 p.m. Vice Chairperson Ellsworth - Is there an environmental? Mr. Smith - There is one included in there. Vice Chairperson Ellsworth - Do you have any comments? Mr. Smith -Nothing to add. Vice Chairperson Ellsworth - Can I get any further questions from the board? [Pause] Can I get a motion on the appeal? Mr. Krantz - But first, we need to do the environmental assessment. Vice Chairperson Ellsworth - We don't have one. Oh, OK, can I get a motion on the environmental assessment? 24 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Mr. Krantz - I would move that we make a negative determination on the environmental assessment on the appeal of Deirdre Anderson requesting a variance so that she be permitted to enlarge a non-conforming building lot with a building addition. Mr. Barney -Negative determination of environmental significance. Mr. Krantz - Yeah. Vice Chairperson Ellsworth - Second? [pause] All those in favor? ZB RESOLUTION NO. 2004- 052 : ENVIRONMENTAL ASSESSMENT : Deirdre Anderson, 20 Renwick Heights Road, Town of Ithaca Tax Parcel No. 17-3-30, Medium Density Residential Zone. MOTION made by Ronald Krantz, seconded by Jim Niefer. RESOLVED that this Board makes a negative determination of environmental significance in the appeal of Deirdre Anderson, Appellant, Jason Demarest, Agent, requesting a variance from the requirements of Article XXV, Sections 270- 205 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a non- conforming building/lot with a building addition, based upon the Environmental Assessment Form prepared by Mike Smith dated October 15th 2004. The vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Matthews NAYS: None The MOTION was declared to be carried unanimously. Vice Chairperson Ellsworth - Can I get a motion on the appeal please? Mr. Krantz - I move that we approve the appeal of Deirdre Anderson requesting a variance from the requirements of article XXV, Section 270-205 of the Town of Ithaca Zoning ordinance so that she be permitted to enlarge a non-conforming building lot with a building addition. The location is at 20 Renwick Heights Rd, Town of Ithaca Tax Parcel Number 17.-3-30. This addition will be located not less than 9 feet from the front property line. It's noted that this is somewhat typical with the character of the neighborhood, and that the existing home already encroaches on the setback requirement. Vice Chairperson Ellsworth - Can I get a second on the motion? 25 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES Mr. Niefer- Second. Vice Chairperson Ellsworth - All those in favor? ZB RESOLUTION NO. 2004- 053: Deirdre Anderson, 20 Renwick Heights Road, Town of Ithaca Tax Parcel No. 17-3-30, Medium Density Residential Zone. MOTION made by Ronald Krantz, seconded by Jim Niefer. RESOLVED that this Board grants the appeal of Deirdre Anderson, Appellant, Jason Demarest, Agent, requesting a variance from the requirements of Article XXV, Sections 270-205 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a non-conforming building/lot with a building addition, located at 20 Renwick Heights Road, Town of Ithaca Tax Parcel No. 17-3-30, Medium Density Residential Zone. This addition will be located not less than 9 feet from the front yard property line. FINDINGS: 1. This is somewhat typical of the character of the neighborhood. 2. The existing home already encroaches on the setback requirement. CONDITIONS: None. The vote on the MOTION resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews NAYS: NONE The MOTION was declared to be carried unanimously. Vice Chairperson Ellsworth - Opposed? None. The appeal passes. Mr. Demarest- Thank you. Ms. Anderson - Thank you. APPEAL of Helen DeGraff, Owner, David Mountin,Agent, requesting variances from the requirements of Article IV, Section 270-73 to create,by subdivision, building lots with lot widths being less than the required 100 foot width, on lands 26 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25, 2004 APPROVED MINUTES fronting on Elm St Extension and West Haven Road, Town of Ithaca Tax Parcel No. 28-1-28.22,Medium Density Residential Zone. Lots designated as parcels B, C, D, and F require the variances. Vice Chairperson Ellsworth - On the appeal of Helen DeGraff, Owner, David Mountin, agent, requesting variances from the requirements of Article IV, Section 270-73 to create, by subdivision, building lots with lot widths being less than the required 100 foot width, on lands fronting on Elm St Extension and West Haven Road, Town of Ithaca Tax Parcel No. 28-1-28.22, Medium Density Residential Zone. That appeal has not yet been accepted by the Town Planning Board. Mr. Barney - You might simply say that the appeal at this juncture, the hearing of the appeal will be deferred until further notice because at this point the application is not fully complete. Mr. Niefer- Second. Vice Chairperson Ellsworth - All in favor? ZB RESOLUTION NO. 2004- 054: Helen DeGraff, Owner, David Mountin, Agent, fronting on Elm St Extension and West Haven Road, Town of Ithaca Tax Parcel No. 28-1-28.22. MOTION Made by Harry Ellsworth, Seconded by Jim Niefer. RESOLVED that this board defer until further notice hearing the appeal of Helen DeGraff, Owner, David Mountin, Agent, requesting variances from the requirements of Article IV, Section 270-73 to create, by subdivision, building lots with lot widths being less than the required 100 foot width, on lands fronting on Elm St Extension and West Haven Road, Town of Ithaca Tax Parcel No. 28-1- 28.22, Medium Density Residential Zone because at this point the application for the variances is not fully complete. The vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Matthews NAYS: NONE The MOTION was declared to be carried unanimously. Mr. Barney - Thanks. Vice Chairperson Ellsworth adjourns the meeting at 7:56 p.m. Harry Ellsworth, Vice Chairperson 27