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HomeMy WebLinkAboutZBA Minutes 2014-01-27 TOWN OF ITHACA ZONING BOARD OF APPEALS Meeting Minutes Monday January 27,2014 Present: Kirk Sigel, Chair; Bill King, Rob Rosen, John DeRosa, Chris Jung Alternate: Christine Decker Staff: Bruce Bates, Director of Code Enforcement, Susan Brock, Attorney for the Town, and Lori Kofoid, Deputy Town Clerk Appeal of Carrie Regenstein, owner, requesting a variance from the requirements of Chapter 270-71(F) "Yard Regulations" of the Town of Ithaca Code, to be able to place a detached garage within the 15 ft setback from side property line in the front yard, located at 301 Muriel St, Tax Parcel No. 70.-2-3, Medium Density Residential (MDR). Ms. Regenstein, owner was present for questions and to provide information regarding the appeal to the board members. She explained that they did some major renovations a few years ago and the plan is to stay in the home for as long as possible but they are getting older and shoveling has become a hardship and is one reason for the garage. She noted that almost every other house in the neighborhood has a garage and they have designed the garage as small as possible and keeping with the look of the property. They are also placing it at the driveway to keep the amount of impervious surface as little as possible. She stated that they have been working with an architect who studied the property and concluded that there was no other place to put the garage. There is not enough room to the north and to the east would involve significant excavation and to the west we would have to add a lot of paving and would ruin our view. Also, the westerly wind makes a carport not feasible. Mr. Sigel asked about the letter she submitted with her application and it was determined that she had reversed the east and west when describing the issues with placing the garage in either of those directions. Mr. DeRosa asked why the garage couldn't be placed further back and the architect responded that there is a line of evergreen's that would have to be removed as well as a grade there that would be difficult to walk on and it would also block the view. Mr. Sigel stated that he found that the garage seemed to be out of character to him from the neighborhood which to him seems fairly open with no other buildings right on the road like this garage would be. He stated that he drove around the neighborhood and most houses are well beyond the setback requirements with no structures close to the road or even near the setback requirements. This is a well traveled road with a stop sign where many residents go by. Ms. Regenstein stated that because it was a 1 acre lot they were hoping that the look of the new garage where it is does not give a crowded look to the neighborhood. Approve 2/24/214 1 Mr. King agreed with Mr. Sigel saying that he thought the garage seems big and sticks out from the house. The architect responded that a typical garage is 22 feet long and that is what he went with. Mr. Rosen stated that he walked the area and thinks the garage blocks the view and could potentially block sight lines for drivers and he thinks this proposal is using public space for their convenience. He did not believe it fit in the neighborhood and could be placed in the back. Mr. Sigel stated that the proposal as submitted is not something he could vote in favor of because it is out of character for the neighborhood and given that it is a corner lot and traffic is approaching a stop sign, he was concerned about sight lines but the main problem is it being so close to the road. The architect pointed out that the cars are parked closer to the road right now and having the garage would put them further back and Mr. Sigel responded that cars are a lot lower than a garage and even having the cars parked there is out of character of the neighborhood although it is perfectly legal. Ms. Regenstein noted that the sign for the public hearing has been posted for the time required and no one has commented negatively. Mr. DeRosa stated that when he tried to counter the impact on the community with the burden to the homeowner it doesn't rise to the level of approving this request. He understood that it would be a hardship to shovel a pathway but there are other areas to put the garage. Ms. Regenstein reiterated that the view out the back is important to her and she considered the neighbors views and walked around to make sure the proposed placement did not obstruct any of her neighbors' views. Audio was lost. Discussion followed and the applicant would like an opportunity to review their plans with the Board's concerns in mind and come back at another time with revisions if they decide to go that way. ZBA Resolution No. 2014-001, Area Variance 301 Muriel St, TP # 70.-2-3 January 27, 2014 MOTION made by Kirk Sigel, seconded by John DeRosa RESOLVED that this board adjourns the appeal of Carrie Regenstein, owner, requesting a variance to be allowed to place a detached garage within the 15 foot setback from the side property line in the front yard, located at 301 Muriel St, Tax Parcel No. 70.-2-3, Medium Density Residential Zone (MDR), until such time as the Approve 2/24/214 2 applicant submits modified plans and requests that their appeal be placed back on the ZBA agenda. Vote: Ayes: Sigel, King, Rosen, DeRosa and Jung Nays: None Motion passed unanimously. Other Business: ZBA Resolution No. 2014-002 . Appointment of Vice-Chair for 2014 January 27, 2014 MOTION made by Kirk Sigel, seconded by Bill King. RESOLVED, that this Board appoints Rob Rosen to be Vice Chairperson of the Town of Ithaca Zoning Board of Appeals for the year 2014. Vote: Ayes: Sigel, King, DeRosa, Decker and Jung Abstained: Rosen Nays: none Motion passed unanimously. Motion made by Kirk Sigel to adopt the draft minutes of the December 16, 2013 meeting as the final minutes of the December 16, 2013 meeting. Seconded by Rob Rosen. Vote: Ayes: Sigel, King, DeRosa, Decker and Jung Abstained: Rosen Nays: none Motion passed unanimously. Meeting adjourned at 7:35pm K4,"2,V f Kirk Sigel, Chair Approve 2/24/214 3 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Lori Kofoid, being duly sworn, say that I am the 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 N of NOTICE OF PUBLIC HEARINGS Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: January 8, 2014 Date of Publication: January 10, 2014 C�� cit Lori Kofoi Deputy Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) lid, Sworn to and subscribed before me this AL day of 2010 Notary ublic PAULETTE TERMLLIGER Notary Public,State of New York No.01 TE6156809 ousi'fied in Tompkins county Commission Expires December 4,2q� TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday January 27, 2014 215 North Tioga Street, Ithaca 7:00 P.M. Appeal of Carrie Regenstein, owner, a variance from the requirements of Chapter 270-71(F) "Yard Regulations" of the Town of Ithaca Code, to be able to place a detached garage within the 15 ft setback from side property line in the front yard, located at 301 Muriel St, Tax Parcel No. 70.-2-3, Medium Density Residential (MDR). Bruce W. Bates Director of Code Enforcement 607-273-1783 Dated: January 8, 2014 Published: January 10, 2014 AFFIDAVIT OF SERVICE BY MAIL STATE 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 8th day of January 2014, deponent served the within Notice upon the property owners of the following Tax Parcel Numbers: 301 Muriel St,Tax Parcel 70.-2-3,Area Variance Charles&Madalyn Alridge Ernest&Melissa Blake BOCES 211 Muriel St 303 Muriel St 555 Warren Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Benedetto& Giuliana Cornell University Erwei Dong&Hye-Ji Kim Campagnola PO Box DH 401 Lakeview Dr 1209 Hanshaw Rd Ithaca,NY 14853 Mobile,AL 36695 Ithaca,NY 14850 Charles Ewoh Rina Fernandez Lucy Fisher 57 Stornway Dr 304 Tareyton Dr 301 Tareyton Dr Jackson,TN 38305 Ithaca,NY 14850 Ithaca,NY 14850 Danny Fox&Karen Knudson Francoise Gebhart Kim Keery 306 Tareyton Dr 214 Tareyton Dr 303 Tareyton Dr Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Yew Wing Lee&Ping Fong Li Ofer&Gilly Leshed Chun Li&Xia Zeng 209 Muriel St 210 Muriel St 545 Warren Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 June Locke Rocco Lucente Stephen Lucente 215 Muriel St 120 Briarwood Dr 959 Dryden Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 David&Mary Maley Annemarie Mattison Robin&Chengfu McNeal 305 Tareyton Dr 221 Tareyton Dr 306 Tareyton Dr Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Rebecca Mitchell&Edith Mans Linda Mittel Niels Otani 13 Muriel St 539 Warren Rd 217 Tareyton Dr haca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Michael&Nancy Pan Joe&Carrie Regenstein Louis&Marilynn Reycroft 302 Muriel St 301 Muriel St 541 Warren Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Affidavit of Service by Mail Zoning Board of Appeals Meeting 1/27/2014 Paula Reynolds Michael Ryan&Julie Glanville Barbara Sayles 219 Tareyton Dr 208 Muriel St 214 Muriel St Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Linda Jaekel Seils Prithwi-Raj Subramaniam Heather Swift 304 Muriel St &Theresa Souchet 222 Tareyton Dr Ithaca,NY 14850 215 Tareyton Dr Ithaca,NY 14850 Ithaca,NY 14850 William&Deborah Taylor Gene&Jeannette Wilcox Dennis&Wille Page 216 Muriel St 302 Tareyton Dr 212 Muriel St Ithaca,NY 14850 Ithaca,NY 14850 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 State of New York. Lori Kofoid,Deputy Town Clerk Town of Ithaca Sworn to before me this 80'Day of January 2014. Notary Public 2