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HomeMy WebLinkAboutZBA Minutes 2000-05-24 Variance for height existing nonconformingZONNG BOARD OF APPEALS PAGE 6 MAY 24 , 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED RESOLVED, that this board grants the appeal of the Village of Cayuga Heights , requesting a special approval under Article IV, Section 11 (3) (d ) , to be permitted to locate a fire station , temporarily, at 1305 Hanshaw Road , Town of Ithaca Tax Parcel No . 70- 12 - 1 , -2 . 2 , Residence District R- 15 , be approved based upon the following findings : a .That the current fire station is in need of repair to the degree that the fire apparatus cannot be stored there during such repairs ; and b .That the fire station 's equipment and personnel provide a vital community service ; and c .That such relocation will be temporary for a period of not more than one year; and d .That other suitable temporary sites do not exists in the Village of Cayuga Heights ; and e .That all of the requirements of the Town of Ithaca Zoning Ordinance Article IV , Section 77 , Paragraph 7 , Subparagraphs a-h have been met ; and f. That the conditions placed by the Planning Board in their meeting of May 16 , 2000 be met . A vote on the MOTION resulted as follows : AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel . NAYS : None . The MOTION was declared to be carried unanimously. The second appeal to be heard was as follows : APPEAL of Timothy Ciaschi , Appellant , requesting a variance form the requirements of Article IV , Section 11 (6) , to be permitted to construct a new single-family residence with a building height of 40 feet (36 foot height limitation ) at 120 Grove Road , Town of Ithaca Tax Parcel No . 23- 1 - 11 . 112 , Residence District R- 15 , Timothy Ciaschi , 124 Woolf Lane, stated that he is constructing a single-family home at 120 Grove Road . The house is higher than the allowed .He informed his architect . The architect did not want to change the height because it would change the look of the house . He said that New York State looks at it differently than the Town of Ithaca . It is usually the average grade to the mid- point of the roof . The Town takes the top of the roof to the lowest grade . Attorney Barney stated that the Town allows a large dimension . Mr. Frost stated that the proposed house site is secluded from other buildings . It is probably several hundred feet away from other buildings . ZONING BOARD OF APPEALS PAGE 7 MAY 24 , 2000 APPROVED - APPROVED - APPROVED - JUL Y 12, 2000 - APPROVED - APPROVED - APPROVED Mr. Ciaschi stated that he owns four acres in front of the proposed house and six acres behind the proposed house . Attorney Barney asked what is the height of roof. Mr, Ciaschi stated that he is not sure . It is a 10112 pitch . Mr. Frost stated that it is roughly 17 feet to the ceiling of the second story. Mr. Ciaschi stated that from the front it is a two- story house . They are removing a lot of dirt from behind the house to have a walkout basement . Mr. Ellsworth asked if the house is not visible because of the grade or because of the leaves on the trees . Mr. Frost stated that its location is several hundred feet away from any houses . Chairperson Stotz asked in the 105 feet between the Grove Road extension and the proposed house, is there vegetation . Mr. Ciaschi stated that it is small brush . Mr. Sigel asked if Grove Road Extension is an existing road . Mr. Frost responded no . The house is going to be visible . It will be several hundred feet away from other houses . Mr. Smith stated that the portion of the house that would be visible from other roads appears to be a two- story building . Mr. Niefer asked if this was being built as a spec house . Mr. Ciaschi responded that it is going to be his home . Attorney Barney asked who lives at 11 . 113 on the tax map . Mr. Ciaschi responded that Ken Audio was deeded that property many years ago . There is no house there . He lives in North Carolina . Chairperson Stotz stated that the driveway will be off Grove Road . Mr. Frost stated that Mr. Ciaschi did obtain an easement to cross some Town parkland that he had donated to the Town . The Town Board has reviewed the access to the parcel . ZONING BOARD OF APPEALS PAGE 8 MAY 24, 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED Chairperson Stotz asked why would they extend Grove Road . Attorney Barney stated that it was thought there might be another subdivision . They were reserving the ability to have a road . Chairperson Stotz stated that the height is not going to be in access of 40 feet . Mr. Ciaschi stated that it would depend upon how the house is being looked at . From the front , it is less than 40 feet . From the back, it is higher than the height limitation . Chairperson Stotz stated that it is more isolated than the other houses in the area . Mr. Ciaschi stated that he had a neighbor call him because they thought that the house would be near their pond . Chairperson Stotz opened the public hearing at 7 : 45 p . m . , and asked if any member of the public wished to be heard . With no persons to be heard , Chairperson Stotz closed the public hearing at 7 : 46 p . m . ENVIRONMENTAL ASSESSMENT: Mr . Smith stated that the three- story section of the house would be visible from the back. It will appear as a two-story house from Grove Road and Woolf Lane , Chairperson Stotz asked if the house will appear as a tall house from Woolf Lane . Mr. Smith stated that it would appear as a two-story house . When he was driving on Woolf Lane, there were only a couple of locations where the house could be seen . Mr. Frost stated that there are large houses in the area . Mr. Sigel stated that the board has been getting a number of these request . The houses were all about 39 feet . It might be appropriate to amend the law rather than continually grant variances . Mr. Ellsworth stated that it was amended a few years ago from 32 feet to 36 feet . Mr. Sigel stated that the law needs to be changed to allow this type of house to be built or the board should not be granting these approvals . Chairperson Stotz stated that most of the height variances have been on sites where there is a slope . This is the first that he can recall that is on a level site . Mr. Sigel stated that people are taking advantage with properties that have a natural slope . They could also move some dirt around and not have a walkout basement . ZONING BOARD OF APPEALS PAGE 9 MAY 24 , 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED Mr. Krantz stated that the law could also be changed so that they correspond with the State's law. Mr. Frost stated that it becomes more complicated . It is important to remember that the height limitation is not just a building code limitation . It is a zoning , land use limitation . Mr. Krantz stated that there should be a uniformity in the way that things are measured . Mr. Frost stated that it is simpler to go by the low point and high point . Mr. Sigel stated that he does not object to the method of measurement . Mr. Frost stated that it does offer the Town an opportunity to review the height variances . Mr. Sigel stated that it might not be desirable to allow the height to be 40 feet . It might be appropriate to allow one side of the house to show more face . This would accommodate sloping property. He feels that the board is making law by continuing to allow the height variances . Chairperson Stotz stated that the type of building that is happening in the Town of Ithaca is that it is more upscale housing . Those houses seem to be getting bigger and bigger. The height requirement has more to do with the topography of the Town and obstructing other people's views . This is a situation where it is not obstructing anyone's view. Mr. Ciaschi stated that he would not build a house if it would obstruct someone 's view. Attorney Barney stated that they struggled over drafting the existing law. They came to the conclusion that they wanted the duel measurement . The dimensions that they used were requiring a lot of variances . It was then increased by four feet . It used to be that the style of the house was a gradual pitch . The steep roofs cause the problems . This is fairly workable .It is a rare occasion that someone comes in and gives the board an opportunity to look at it ,There might be a circumstance where it does impact someone's view. In that case the board could choose not to grant the appeal . Mr. Sigel stated that maybe one case per month is an exception given the number of houses being built . Mr. Frost stated that the board is seeing more because it is house construction season . Mr. Ellsworth stated that the board has a representative on Codes and Ordinances Committee . They can bring it to their attention . RESOLUTION NO. 2000=34 — ENVIRONMENTAL ASSESSMENT - Tint Ciaschi Height Variance MOTION made by Ronald Krantz, seconded by Harry Ellsworth . ZONING BOARD OF APPEALS PAGE 10 MAY 24, 2000 APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED RESOLVED, that this board makes a negative determination of environmental assessment in the matter of Timothy Ciaschi , requesting a variance from the requirements of Article IV , Section 11 (6) , to be permitted to construct a new single-family residence with a building height of no more than 41 feet at 120 Grove Road , Town of Ithaca Tax Parcel No . 23- 1 = 11 . 112 , Residence District R- 15 . A vote on the MOTION resulted as follows : AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel , NAYS : None . The MOTION was declared to be carried unanimously. RESOLUTION NO. 2000=35 — Height Variance — Tim Claschl . MOTION made by Harry Ellsworth , seconded by James Niefer. RESOLVED, that this board grants the appeal of Timothy Ciaschi , requesting a variance from the requirements of Article IV , Section 11 (6) , to be permitted to construct a new single-family or two- family residence with a building height not to exceed 41 feet , at 120 Grove Road , Town of Ithaca Tax Parcel No . 23- 1 - 11 . 112 , Residence District R - 15 based upon the following : a .That the benefit to the applicant out weighs any detriment to the neighborhood ; and b .That from several directions the house appears as a two-story home rather than a three-story home ; and C,That there has not been any objection from surrounding neighbors ; and d .That the site is a large parcel ; and e .That the new style of houses calls for a greater pitch creating a problem with a higher roof . A vote on the MOTION resulted as follows : AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel , NAYS : None . The MOTION was declared to be carried unanimously. The third appeal to be heard was as follows : APPEAL of Karen Dieter, Appellant , requesting a special approval under Article WII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to alter a nonconforming building with the