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Home My WebLink AboutZBA Minutes 2015-02-23 TOWN OF ITHACA ZONING BOARD OF APPEALS Monday February 23,2015 Present: Rob Rosen, Chair; Members Bill King, Christine Decker, Chris Jung, and Alternate George Vignaux Absent: John DeRosa Staff Bruce Bates, Director of Code Enforcement; Paulette Terwilliger,Town Clerk and Susan Brock, Attorney for the Town Appeal of Jennifer and Terry Fee, owners, requesting a variance from the requirements of Chapter 270-71(E) and (C) "Yard regulations, accessory buildings"to place an 8' x 16' accessory structure in the front yard, located at 107 Birchwood Dr.,Tax Parcel No. 70.-10- 1.23,Medium Density Residential (MDR). Jennifer and Terry Fee were present to answer questions. Ms. J. Fee explained that the placement was chosen because of the slope of the backyard and the wetlands in the backyard. The other issues were the trees that prevented getting the shed by the house into the backyard and they didn't want to cut those down. The applicants showed prints of site photos. They added that they have already spent the money to buy the shed, and they chose a fancier shed with a hip roof, shutters on the windows, and specialty doors for aesthetic reasons, considering that it would be in a prominent location in front of the house. Ms. J. Fee added that they had called the town and asked if they needed a building permit. They were told that they did not need a building permit because of the size of the shed. They neglected to ask about placement, assuming that they could place the shed wherever they wanted because a building permit was not required. Mr. Rosen started the discussion, stating that a person had noticed the shed in the front yard and filed a complaint alerting the Code department that there was a violation. The shed is in the front yard and the variance requested is for placement in the front yard. New York State building code requires that the shed be 5 feet from the side lot line, and the Town board does not have authority to change that requirement. Lengthy discussion followed on the ability to place the shed in the backyard and how to get it there, given the trees. The Board questioned the slope of the yard and the ability to get it by the trees. The Board also questioned whether it could go closer to the existing garage. Mr. Bates offered to meet with the applicants to discuss alternate locations that would meet building code requirements. Mr. Rosen noted that the issue for the board is that others have asked for variances in this area and been denied and the fact that it is already built cannot come in to play; the board has to consider this appeal on its face as if it hasn't been built and base any variance on the normal criteria under law. Instead of voting on the appeal at the meeting, the applicant requested a postponement of the appeal in order to consider a different location for the shed. It was noted that the drawings ZBA 2-23-2015 Pg 1 presented in the appeal packet were not accurate, and that revised drawings with accurate measurements would be presented. The postponement will also give the Board additional opportunity to go to the property and consider the conditions that would justify a variance. Motion made by Mr. Rosen, at the request of the applicant, to postpone the appeal to the March 16,2015 meeting with an additional postponement to the April 20, 2015 meeting if the snow has not melted sufficiently by March 6 to allow for clear visibility of the site conditions by the Board. Seconded by Ms. Jung. Unanimous. Approval of Minutes of December 2014 Motion made by Mr. Rosen to approve the minutes as submitted, seconded by Mr. King. Unanimous Sub ' d by Paulette Terwilliger Town Clerk ZBA 2-23-2015 Pg 2 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Paulette Terwilliger, being duly sworn, say that I am the 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: 173 NOTICE OF PUBLIC HEARINGS Zoning Board of Appeals Feb Meeting Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 %" s' RRC- TOWN OF ITHAG"A Date of Posting: 2/13/2015 "EW asW o APPEALS 'N NOME F P�Uf0 Date of Publication: 2/13/2015 VE7NA, Ma dseyFauRING.2a,2p9� E?, Zr6 rgeftl.t�dege street dth�a,e c �T=Pin dg Ap} Of.(enmfer end,forty ale Fraa„p`'e?re mque4jog 6, en woriw1 a, from the rjAgYtvP, th .n�erRs`ot haip9er 27047401 ns an (0 Yprcl iegulni e>qs,aac6a 9 Paulette Terwilliger red'(,,*s�(Y9(tO; bi Idings"Ito� A /^� n grcetssoty struatm' Town Clerk 1on fry the,front yard, witty/449q c� my,thtm the requirerel 15 witty/ O, ��aaw ylkfid pecrlaeMy line 1a�a�G: ek aat t 7 Kati lwcerd fft r''�A N�I'�k7�hfU 7C� 1C7-L23 9 (MAX Oenslty Resldpfff( STATE OF NEW YORK) s(MAX COUNTY OF TOMPKINS) SS: r acaae TOWN OF ITHACA) ifzFraa . ete�Ne� � Sworn to and subscribed before me this ' day of . .� Mc , 2015. i/j N tar Public Y Debra CeAugistine Notary Public-State;of New YOfk No.01DE6148035 oualified in Tompkins County My Commission Expires June 19,20 ,mom,. too r,q J.:A Fav! a i"'-Z OF It TOWN OF ITHACA nm 215 N. Tioga Street, Ithaca, N.Y. 14850 1821 ' � www.town.ithaca.ny.us CODE ENFORCEMENT-BRUCE W. BATES, DIRECTOR Phone (607) 273-1783 ■ Fax(607) 273-1704 codes@town.ithaqa.ny.us AFFIDAV-1 OF SERVICE BY MAIL STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) I, Lori Kofoid,being duty sworn,depose 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 13th day of February 2015, deponent served the within Notice upon the property owners listed on the attached document,of the following Tax Parcel Numbers: 107 Birchwood Dr.,Tax Parcel 70.40-1.23,Area Variance 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 State of New York. (�' orKo id,Deput Town let2� Town of thaca Sworn to before me this I1�,Day of February 2015 T � Noytwry P ublic ,,.,...w....__._.. Debra DeAugistine Notary Public-State of New York No,01 DE6148035 Oualified in Tompkins County My Commission Expires June 19,20 IL 107 Birchwood Dr.,Tax Parcel 7O.-10-1.23 New York State/CUFA-CCF Rocco Lucente Sara Murray 107 Humphreys Service Bldg 120 Briarwood Dr 104 Pinewood PI Ithaca,NY 14853 Ithaca,NY 14850 Ithaca,NY 14850 Ellen&John Hermannsson Timothy Campbell&Michela Baraldi Verdene Lee 104 Pinewood PI 104 Birchwood Dr S 106 Birchwood Dr S Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Scott Eric Martling Gregory&Sally Ezra Elizabeth Okihiro 108 Birchwood Dr S 110 Birchwood Dr S 112 Birchwood Dr Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 June Haynor&Tammy Johnson Mancang Dong&Jingzhen Guo Carson&Earlene Carr 107 Salem Dr 102 Pinewood PI 103 Birchwood Dr S Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Kaisheng Hu&Min-Fei Tai Jennifer Schaus&Terry Fee James Alexander&Sarah How 105 S Birchwood Dr 107 Birchwood Dr 203 Forrest Dr Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Willoughby&Millicent Clarke Maynard Gary&Frances Bergstrom Peter&Virginia Breggin 111 Birchwood Dr 113 Birchwood Dr S 101 E State St#1 l2 Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Phillip&Madeline Larocca Zhengjing Yang&Jing Zhang David Robert&Christine Jung 117 Birchwood Dr 118 Birchwood Dr 111 Salem Dr Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Hu Xu&Mingyun Huang Marjorie Ndulo Allan&Barbara Eaglesham 103 Pinewood Pi 105 Pinewood PI 106 Pinewodd`PI'S Ithaca,NY 14850 Ithaca,NY 14850 a,;: Ithaca,NY 14850" Sanjay&Pushpa Gami Jeffrey Melkonian&Susah Riha Cynthia&Leslie Kinsland I 1 I Maplewood Dr 109 Maplewood Dr 107 Maplewood Dr Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Chin Tai Kao John Saunders&Vicki Bogan Rocco Lucente 254 Westwood Knoll 103 Maplewood Dr 120 Briarwood Dr Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Steven&Danette Johnson Ameen Faheem&Soosan Noor Moheed David George&Weiging Su 115 Salem Dr 106 Maplewood Dr 108 Maplewood Dr Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Michelle Landers&David Poles Bernard&Nancy Okumu Robert&Carole Grover 110 Maplewood Dr 112 Maplewood Dr 108 Pinewood PI Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Owen Hoekenga&Sara Vanlooy Sylvia Wahl Djafari Properties,LLC 1430 Hanshaw Rd 1426 Hanshaw Rd 8 Circle Dr Ithaca,NY 14850 Ithaca,NY 14850 Cortland,NY 13045 Eric J Jessup Family Trust Justin Buechel Ellen Shields 1442 Hanshaw Rd 1440 Hanshaw Rd 1438 Hanshaw Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 James Henderson/Maura Regan Barbara Apt David&Robin Gardner 1438 Hanshaw Rd 1436 Hanshaw Rd 1434 Hanshaw Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Scott&Joan Hathom Linda Van Berkom Alan&Marie Hedge 1432 Hanshaw Rd 104 Salem Dr 3 Essex Ct Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Maria Ruiz Beum Kim Mary Jo Congdon 108 Salem Dr 110 Salem Dr 1416 Hanshaw Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Barbara Schneider Anthony&Julia Augustine Mary Millier 1411 Hanshaw Rd 1413 Hanshaw Rd 1419 Hanshaw Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850