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HomeMy WebLinkAboutZBA Minutes 1992-04-22 FILED TOWN OF ITHACA Date4f TOWN OF ITHACA • ZONING BOARD OF APPEALS Cler APRIL 22 , 1992 THE FOLLOWING MATTERS WERE HEARD ON APRIL 22 , 1992 BY THE BOARD : . APPEAL OF MICHAEL F . CARR , APPELLANT , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO ENLARGE A NON — CONFORMING ACCESSORY BUILDING / GARAGE . LOCATED AT 675 CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 48 - 1 - 61 RESIDENCE DISTRICT R - 30 , SAID ENLARGEMENT INVOLVES A 180 SQUARE — FOOT ADDITION AT THE REAR OF SAID BUILDING WHICH IS LOCATED IN A FRONT YARD APPROXIMATELY 6 . 25 ( + OR — ) FEET FROM THE ROAD RIGHT — OF — WAY ( 25 FOOT SETBACK BEING REQUIRED ) . ADDITIONALLY , SAID BUILDING MAY BE NON — CONFORMING IN THAT ACCESSORY BUILDINGS NOT USED AS GARAGES MUST BE LOCATED IN THE REAR YARD OF A PROPERTY . GRANTED , APPEAL OF JAMES C . ROGAN , APPELLANT , REQUESTING A MODIFICATION OF A USE VARIANCE GRANTED ON NOVEMBER 30 , 1988 TO PERMIT A RETAIL BOUTIQUE AND GIFT SHOP ( A BUSINESS DISTRICT " B " USE ) IN A BUSINESS DISTRICT " A " , LOCATED AT 823 - 827 DANBY ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 40 - 4 - 2 . SAID MODIFICATION IS FOR THE REPLACEMENT OF THE RETAIL STORE WITH A BEAUTY PARLOR WHICH IS ALSO A USE PERMITTED ONLY IN BUSINESS DISTRICT " B " , 'GRANTED . • APPEAL OF LAWRENCE W . ARMOUR , JR . APPELLANT , REQUESTING A SPECIAL APPROVAL FROM THE BOARD OF APPEALS , UNDER ARTICLE VII , SECTION 34 ( 2 ) , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE OPERATION OF A BUSINESS SERVING FOOD , KNOWN AS LITTLE CAESARS PIZZA , TO BE LOCATED AT STOREFRONT 5B , EAST HILL PLAZA , JUDD FALLS ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 62 - 2 - 1 . 121 , BUSINESS DISTRICT " C " . GRANTED WITH CONDITION . FILED TOWN OF , ITHACA QQ ' Date Town of Ithaca • Zoning Board of Appeals Clerk April 22 , 1992 Town of Ithaca Zoning Board of Appeals April 22 , 1992 PRESENT : Chairman Edward Austen , Edward King , Pete Scala , Town Attorney John Barney , Zoning Enforcement Officer / Building Inspector Andrew Frost . ABSENT : Joan Reuning , Robert Hines . OTHERS : Larry Armour , Tracy Rogan , Michael F . Carr , James Rogan , John Murray . Chairman Austen called the meeting to order at 7 : 05 p . m . and stated that all posting , publication , and notifications of said meeting were in order . The first Appeal to be heard by the Board was the following : APPEAL OF MICHAEL F . CARR , APPELLANT , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF • ITHACA ZONING ORDINANCE , TO ENLARGE A NON - CONFORMING ACCESSORY BUILDING / GARAGE ,, LOCATED AT 675 CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 48 - 1 - 6 , RESIDENCE DISTRICT R - 30 . SAID ENLARGEMENT INVOLVES A 180 SQUARE - FOOT ADDITION AT THE REAR OF SAID BUILDING WHICH IS LOCATED IN A FRONT YARD APPROXIMATELY 6 . 25 ( + OR - ) FEET FROM THE •ROAD RIGHT - OF - WAY ( 25 FOOT SETBACK BEING REQUIRED ) . ADDITIONALLY , SAID BUILDING MAY BE NON - CONFORMING IN THAT ACCESSORY BUILDINGS NOT USED AS GARAGES MUST BE LOCATED IN THE REAR YARD OF A PROPERTY , Mr . Michael Carr explained to the Board that he did not realize that he needed a building permit to do the work that has been done to the existing garage . He constructed an addition to the rear of the existing garage to store tools in . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Chairman Austen referred to Part III of the Short Environmental Assessment Form , completed and signed by Planner Richard A . Eiken on April 3 , 1992 who recommended a negative determination of environmental significance . Environmental Assessment MOTION • By Chairman Austen , seconded by Mr . Edward King : Town of Ithaca 2 • Zoning Board of Appeals April 22 , 1992 RESOLVED , that the Town of Ithaca Zoning Board of Appeals hereby approves the Short Environmental Assessment Form , as submitted , for the enlargement of a non - conforming accessory building / garage , located at 675 Coddington Road , Town of Ithaca Tax Parcel No . 6 - 48 - 1 - 6 - , Residence District R - 30 , as recommended by Planner Richard A . Eiken , dated April 3 , 1992 , and hereby makes a negative determination of environmental significance . A vote on the Motion resulted as follows : Ayes - Austen , King , Scala . Nays - None . The Motion carried unanimously . MOTION By Mr . Edward King , seconded by Mr . Pete Scala : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant the extension of this non - conforming use as • proposed and already constructed , with the following findings : 1 * that the addition does not in any way infringe upon the non - conformity of the garage which is non - conforming because of its closeness to the highway , the existing situation being that way for the past 50 years . 2a that the addition does not in any way compromise the health , safety , and general welfare of the community as set forth in Section 77 , Paragraph 7 of the Town ' s Zoning Ordinance . 3v that no one appeared before the Board in opposition to the extension of this garage and it seems that the addition will have a minimal impact . A vote on the Motion resulted as follows : Ayes - King , Scala , Austen . Nays - None . The Motion carried unanimously . The next Appeal to be heard by the Board was the following : APPEAL OF JAMES C . ROGAN , APPELLANT , REQUESTING A MODIFICATION OF A USE VARIANCE GRANTED ON NOVEMBER 30 , 1988 TO PERMIT A RETAIL • BOUTIQUE AND GIFT SHOP ( A BUSINESS DISTRICT " B " USE ) IN A BUSINESS DISTRICT " A " , LOCATED AT 823 - 827 DANBY ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 40 - 4 - 2 . SAID MODIFICATION IS FOR THE REPLACEMENT OF THE RETAIL STORE WITH A BEAUTY PARLOR WHICH IS ALSO A USE PERMITTED ONLY IN BUSINESS DISTRICT " B " . Town of Ithaca 3 Zoning Board of Appeals April 22 , 1992 Mr . James Rogan and his daughter Tracy , who wishes to operate the beauty parlor at Rogan ' s Corner , appeared before the Board . Mr . Rogan explained that the building is now empty . He stated that when the building was originally built , half of it was a laundromat and half of it was going to be a pizza delivery business with seating for 19 . He explained that business got out of hand and it was just too small . He further explained that at that time Mr . and Mrs . William Grover wanted to put a boutique in the building and that the business lasted about 6 months . Mr . Rogan said that since 1989 the building has been used for storage , but now that they have the new building which houses the restaurant with the basement , all the storage is in the basement of that building . He said , therefore , they have an empty storefront which they would like to utilize as a beauty shop for their daughter . Chairman Austen opened the public hearing . No one appeared to speak to the Board . Chairman Austen closed the public hearing . Chairman Austen referred to Part III of the Short Environmental Assessment Form that was signed by Planner Richard A . Eiken on April 13 , 1992 , recommending a negative determination of environmental significance . ENVIRONMENTAL ASSESSMENT MOTION By Mr . Edward King , seconded by Chairman Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals hereby makes a negative determination of environmental significance , based on the findings of Planner Richard A . Eiken , for the placement of a beauty parlor in the empty storefront at the Rogan complex at 823 Danby Road . A vote on the Motion resulted as follows : Ayes - King , Austen , Scala . Nays - None . The Motion carried unanimously . MOTION By Mr . Edward King , seconded by Mr . Pete Scala : • RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant to the appellant , Mr . James Rogan , a further modification of the variance which was last modified by this Board November 30 , 1988 , for this building at 823 Danby Road as it is known as Rogan ' s Corner , to permit the easterly part of the building to be used as a beauty parlor in place of the former boutique and gift shop , with the following findings : Town of Ithaca 4 • Zoning Board of Appeals April 22 , 1992 10 that the proposed substitute use is compatible with the other uses in the complex . 2 * that no one appeared before the Board in opposition to the proposed beauty parlor at that location . A vote on the Motion resulted as follows : Ayes - King , Austen , Scala . Nays - None . The Motion carried unanimously . The last Appeal to be heard by the Board was the following : APPEAL OF LAWRENCE W . ARMOUR , JR . APPELLANT , REQUESTING A SPECIAL APPROVAL FROM THE BOARD OF APPEALS , UNDER ARTICLE VII , SECTION 34 ( 2 ) , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE OPERATION OF A BUSINESS SERVING FOOD , KNOWN AS LITTLE CAESARS PIZZA , TO BE LOCATED AT STOREFRONT 5B , EAST HILL PLAZA , JUDD FALLS ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 62 - 2 - 1 . 121 , BUSINESS DISTRICT nCn rMr . Lawrence Armour appeared before the Board and explained that his business does not deliver ; it is only a pick - up location . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Chairman Austen referred to Part III of the Short Environmental Assessment Form that was reviewed and signed by Planner Richard A . Eiken on April 1 , 1992 , recommending a negative determination if environmental significance . Environmental Assessment MOTION By Mr . Edward King , seconded by Mr . Pete Scala : WHEREAS , 1 . This action involves the Consideration of Special Approval for the proposed renovation of an existing retail space in the East Hill Plaza Shopping Center for a proposed carry - out pizza establishment , located in the existing shopping plaza at Judd Falls Road and Ellis Hollow Road , Town of Ithaca Tax Parcel • No . 6 - 62 - 2 - 1 . 121 , Business District " C " , and 2 . This is an Unlisted Action for which the Town of Ithaca Zoning Board of Appeals is legislatively determined to act as Lead Agency in environmental review with respect to the Special Approval , and Town of Ithaca 5 Zoning Board of Appeals April 22 , 1992 3 . The Zoning Board of Appeals , at a Public Hearing held on April 22 , 1992 , has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant , Parts II and III prepared by the Town Planning staff , and a portion of a previously - approved site plan entitled " East Hill Plaza " , dated revised April 24 , 1986 , prepared by Stewart Knowlton , and other application materials ; NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca Zoning Board of Appeals hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above - described action , and , therefore , an Environmental Impact Statement will not be required . MOTION By Mr . Edward King , seconded by Mr . Pete Scala : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a Special Approval for the operation of the • Little Caesar ' s Pizza Parlor in the indicated location in the East Hill Plaza in storefront 5B , such use having been recommended by the Planning Board in accordance with Section 34 , Paragraph 2 , of the Zoning Ordinance , with the following condition and findings : 16 that the operator will not have any service delivering pizzas from this site without having come back to the Planning Board for further modification of the Planning Board ' s approval . 2 . the Zoning Board ' s approval is further based upon the fact that the use is compatible with the uses generally in this Business District " C " shopping plaza . 3 * that all the conditions of Section 77 , Paragraph 7 , of the Zoning Ordinance have been met . 4 * that no one appeared before the Board in opposition to the proposed operation of the pizza parlor . A vote on the Motion resulted as follows : Ayes - King , Scala , Austen . Nays - None . The motion carried unanimously . • Adjournment Town of Ithaca 6 Zoning Board of Appeals April 22 , 1992 Upon Motion , the meeting was adjourned . oz� Connie J . Holcomb Recording Secretary APPROVED : Edward Austen , Chairman •