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HomeMy WebLinkAboutZBA Minutes 1997-01-08 MAU lC( rl�r • TOWN OF ITHACA � qazl ZONING BOARD OF APPEALS WEDNESDAY, JANUARY 8 , 1997 The following appeals were heard by the Zoning Board of Appeals on January 8 , 1997 . APPEAL of Harold Purdy , D . D . S . , Appellant , Robert Tallman , Agent , requesting a variance from the requirements of Article VII , Section 37 and 38 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge an existing professional building which has a front yard building setback of 40 feet ( 50 feet required ) on a building lot containing parking spaces located within the required front , side , and rear yard open spaces , at 1018 Ellis Hollow Road , Town of Ithaca Tax Parcel No . 62-2- 13 . 1 , Business District C . Authorization by the Zoning Board , under Article XII , Section 54 for said enlargement may also be required . APPROVAL GRANTED APPEAL of Cornell University , Appellant , vuiiliam E . Wendt , Agent , requesting an extension of a time- limited special approval granted by the Town of Ithaca Zoning Board of Appeals on April 10 , 1991 , under Article V, Section 18 of the Zoning Ordinance , for a temporary parking lot containing 134 spaces • at the former Oxley Polo Arena on Dryden Road , Town of Ithaca Tax Parcel No , 63- 1 - 8 . 2 , Residence District R-30 . The request is to allow continued use until December 31 , 2001 . APPROVAL GRANTED APPEAL of James C . Loehr, Appellant , Kathy Loehr- Balada , Agent , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain habitable space above a garage , with a building setback from the west side property line of 10 +1- feet (15 foot setback required ) at 25 Fairway Drive , Town of Ithaca Tax Parcel No . 66- 3- 3 . 519 , Residence District R- 15 , APPROVAL GRANTED • FINAL • TOWN OF ITHACA �q° NAa&_cL ZONING BOARD OF APPEALS WEDNESDAY. JANUARY 8, 1997 PRESENT : Chairman David Stotz , Harry Ellsworth , Ronald Krantz , Andrew Frost , Director of Building and Zoning , John Barney , Attorney for the Town , JoAnn Cornish , Planner , Pete Scala ( Mr . Scala attended the meeting , but was not allowed to participate in the meeting due to his term expiring December 31 , 1996 ) . OTHERS : Elaine Quaroni , Mike Koplinka- Loehr , Marc Purdy , Robert Tallman , Shirley Egan . Chairman Stolz called the meeting to order at 7 : 09 p . m . , stating that all posting , publications , and notification of the public hearings had been completed and the same were in order. The first appeal to be heard by the board was as follows : APPEAL of Harold Purdy, D . D . S . , Appellant , Robert Tallman, Agent , requesting a variance from the requirements of Article VII, Section 37 and 38 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge an existing professional building which has a front yard building setback of 40 feet ( 60 feet required) on • a building lot containing parking spaces located within the required front , side, and rear yard open spaces, at 1018 Ellis Hollow Road, Town of Ithaca Tax Parcel No . 62 =2 -13 . 1 , Business District C . Authorization by the Zoning Board , under Article XII , Section 54 for said enlargement may also be required . Robert Tallman said Dr. Harold Purdy is now retired , and his sons are practicing in the building . Dr . Purdy ' s sons are building an extra waiting room by modifying the building to have a separate entrance to each office . The expansion would be approximately 1 , 100 square feet having each floor approximately 500 square feet as a basement and first floor . Mr . Tallman said as people drive to the building along the south side of the building they would be entering the second level . The dentist entrance is from the east . When the building was built the road behind it did not exist . What used to be the back yard is now the front yard . Andrew Frost said Summerhill Lane is the only road that fronts on this parcel , and there is no access from Summerhill Lane onto the parcel . Some people could argue that this is not a front yard , but there is no other choice . Access to this property is through the parking lot of East Hill Plaza , Mr . Tallman said he is not sure when they built the original building , but they added to the building a few years . The building is a deck house in a tee shape . Chairman Stolz asked if this addition is going to be a second story addition . • Mr . Tallman said the building is only one story from the side that people enter from , and the addition would be one story from the above grade , but as a basement . • TOWN OF ITHACA ZONING BOARD OF APPEALS 2 JANUARY 8, 1997 Chairman Stotz asked if the drawings submitted to the Building and Zoning Department were the drawings of the addition . Mr . Tallman responded , yes . He said they would be adding ten feet to the east side of the existing building . The addition would just be extended off of the existing building for a waiting room , record storage , and vestiveiw for record storage . There would also be stairs in the northern section to get to the lower level where the lunchroom is located . Chairman Stotz said the existing building is nice , and asked if the expansion would be staying in the same style as the deck house . Mr . Tallman responded , yes . Mr . Frost asked if the existing building was originally built as a dental office . Mr . Tallman responded , yes . JoAnn Cornish said the Planning Department has the original site plans for the Dental Office , • which was built in the early 1979' s . Mr . Tallman said that was correct . It was 1976 , and the first addition was 1984 . Chairman Stotz opened the public hearing . With no one present to speak , the public hearing was closed . ENVIRONMENTAL ASSESSMENT Chairman Stotz said the Planning Department submitted an environmental assessment form . The existing parking situation seems to be right for the current proposed use . It is noted that the property is attractive in landscape , and is in keeping with the surrounding neighborhood . There is no intensity of land uses as a result of the addition , and a negative determination of environmental significant is recommended by the Planning Department on December 3 , 1996 . MOTION By Mr . Harry Ellsworth , seconded by Mr . Ronald Krantz: RESOLVED . that this board make a negative determination of environmental significance for the property at 1918 Ellis Hollow Road , Town of Ithaca Tax Parcel No . • 62 - 2 - 13 . 1 , Business District C , based on the review submitted by Planner JoAnn Cornish , of December 3 , 1996 . TOWN OF ITHACA ZONING BOARD OF APPEALS 3 JANUARY 8 , 1997 A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz . NAYS - None . The motion was carried unanimously . Ronald Krantz said on the agenda it states "what the authorization by the Zoning Board of Appeals , under Article XII , Section 54 may be required " . Mr. Krantz asked what this meant . Mr . Frost said the property is non- conforming because it exists without a front yard prior to building Summerhill Lane . Mr . Frost said he advertised that in case it needed special approval . He does not believe there is anything that would preclude this board from granting the variance . MOTION By Mr . Harry Ellsworth , seconded by Mr . Ronald Krantz : • RESOLVED , that this board grant the variance in the requirements of Article VII , Sections 37 and 38 of the Town of Ithaca Zoning Ordinance of Harold Purdy for 1018 Ellis Hollow Road , Town of Ithaca Tax Parcel No . 62- 2- 13 . 1 , Business District C , to be permitted to enlarge an existing professional building with associated parking space per the plans that were submitted . A vote on the motion resulted as follows : AYES - Stotz , Ellsworth , Krantz. NAYS - None . The motion was carried unanimously . The second appeal to be heard by the board was as follows : APPEAL of Cornell University, Appellant , William E. Wendt , Agent , requesting an extension of a time-limited special approval granted by the Town of Ithaca Zoning Board of Appeals on April 10 , 1991 , under Article V, Section 18 of the Zoning Ordinance, for a temporary parking lot containing 134 spaces at the former Oxley Polo Arena on Dryden Road , Town of Ithaca Tax Parcel No . 63 -1 -8 . 2, Residence District R -30. The request is to allow continued use until December 31 , 2001 . • • TOWN OF ITHACA ZONING BOARD OF APPEALS 4 JANUARY 8 , 1997 Shirley Egan said William Wendt was not able to attend tonight , so she would be filling in . Ms . Egan said she hopes that the able professional staff gave the board a great package then the board would know a great deal more about this appeal than her . She has seen the application , and this has been a great help to Cornell University' s roads for this type of parking . Mr. Frost said a committee , between Cornell University and the Town of Ithaca , deals with the traffic and parking studies . This might turn out to be part of a long term plan for parking and traffic for area . Chairman Stotz asked if the parking lot is restricted to non-Cornell employees . Ms. Egan said that maybe correct , but she would need to confirm that . Her understanding was that this parking area is for construction worker' s vehicles rather than Cornell employees . Ms . Egan said she would not want to say for sure without Mr . Wendt being here , but that is her understanding . Mr. Frost said in the photographs he took of the parking lot , most of the vehicles parked there are mostly construction type vehicles , pick up trucks , etc . • Chairman Stotz asked if the parking lot is going to be used for pick up trucks , since right across the street are the shops . Ms . Egan said that was correct . Chairman Stotz said the appeal states that the parking lot would be used for construction workers. He just wanted to make sure this parking lot would be for non-Cornell employee construction workers . Ms . Egan said she believes so , but she is having a difficult time following the board as to why it would make a difference . Mr. Frost asked Chairman Stotz if he was referring to the original appeal of 1991 . In 1991 , it was planned for specific construction vehicles . Chairman Stotz said this appeal also states that this is for construction workers . There is a motion from the Planning Board dated December 17 , 1996s that recommends the Zoning Board of Appeals to approve this subject to the following conditions . One of the conditions states that this parking area should be used for parking vehicles used by construction workers commuting to construction projects on the Cornell Campus , Chairman Stotz said he just wants this parking area for the construction workers on construction projects rather than Cornell employees . • • TOWN OF ITHACA ZONING BOARD OF APPEALS 5 JANUARY 8 , 1997 Ms. Egan said if that is a great concern , then it should be left that way with the understanding that it is for third party contractors vehicles . If there is any problems with that she would be back for further discussions . Chances are that would be perfectly fine , and was in deed what was intended . Chairman Stotz said it is just the proximity of the shops across the street that it would become another parking area for the shops . If that would be the case then it should say so rather than just letting them park there . Ms . Egan said she thinks they would , if that is what they meant . Attomeyforthe Town John Barney said Cornell University heavily regulates where employees can park . This is designed for off site , off campus employees of contractors . Ms . Cornish asked if there is a permit needed to park in this area . Ms . Egan said it is heavily negotiated in the construction contracts that they want to have assigned parking for the contractor employees . It must be protected by something such as a permit or a form of policing , so the area is reserved for those employees of the contractors . • Ms. Cornish saideo le can not move on the Cornell campus without p p p a sticker because they would get a ticket . She thinks there must be some type of policing done . Chairman Stotz asked if there is more construction going on the Cornell Campus now than in 1991 . Ms . Egan said her feelings were that there seems to be as much . Chairman Stotz said the previous appeal , stated there would be one storage trailer, now it is up to six storage trailers instead of one trailer . Ms . Egan said she does not know why there are six trailers now . Chairman Stotz said he would not want to see this gradually evolve into a staging area for construction trailers . Ms. Egan said she would find out the answers to the storage trailers , and point out the concern to her client . Attorney Barney said he remembers a discussion at a board of that issue , and Cornell made • the point that the contractors have several different trades where they needed more than one trailer. aTOWN OF ITHACA ZONING BOARD OF APPEALS 6 JANUARY 9 , 1997 Chairman Stotz asked if these trailers have people in them . Attorney Barney responded , no , they only store materials in these trailers . Mr . Frost said in the photographs it shows a fenced area in the back part of the parking lot where the construction trailers are located . The trailers can not be seen from the road unless people make a big effort to see them . Attorney Barney said Planner Cornish has found a resolution that was subsequent to the original variance where there was a modification granted to change the number of trailers from one to six. The Planning Board modified this in July 1991 to allow six trailers , and recommended to the Zoning Board of Appeals to do the same . Chairman Stotz opened the public hearing . With no one present to speak, the public hearing was closed . ENVIRONMENTAL ASSESSMENT • Chairman Stotz said the Planning Board motion of December 17 , 1996 , recommends to the Zoning Board of Appeals that a negative determination of environmental significance be made for this action . MOTION By Mr. Ronald Krantz , seconded by Mr . Harry Ellsworth : RESOLVED , that this board make a negative determination of environmental significance for the property at Cornell University extension of the time- limited special approval of the parking lot at the Oxley Polo Arena on Dryden Road , Town of Ithaca Tax Parcel No . 63. 1 -8 . 2; Residence District R- 30 , based on the environmental assessment form by the Town of Ithaca Planning Department of December 6 , 1996 . A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz . NAYS - None . The motion was carried unanimously . • Chairman Stotz said the Planning Board motion of December 17 , 1996 , asks the Zoning Board of Appeals to grant the appeal subject to the following conditions : TOWN OF ITHACA ZONING BOARD OF APPEALS 7 JANUARY 8 1997 a . The six construction trailers ; b . The construction workers to be restricted to commuting to construction projects on the Cornell Campus ; C , In the year 2001 with the special approval expires , that the land area no longer be used for parking or construction trailer siting , but shall be landscaped and blockaded by Cornell University in a satisfactory manner ; d . The parking area shall be maintained as shown on the plan entitled " Oxley Arena Site Improvements and Temporary Parking " dated September 24 , 1990 . MOTION By Mr . Harry Ellsworth , seconded by Mr . Ronald Krantz: RESOLVED , that this board grant the appeal of Cornell University for an extension of a time-limited special approval that was previously granted April 10 , 1991 , under Article • V, Section 18 of the Town of Ithaca Zoning Ordinance to maintain a temporary parking lot for vehicles of construction workers who are non-Cornell University employees at the former Oxley Polo Arena on Dryden Road , Town of Ithaca Tax Parcel No . 63- 1 -8 . 2 . This time-limited special approval be extended to December 31 , 2001 stipulated by the Planning Board motion of December 17 , 1996 . A vote on this motion resulted as follows : AYES - Stotz , Ellsworth , Krantz . NAYS - None . The motion was carried unanimously . The last appeal to be heard by the board was as follows : APPEAL of James C . Loehr, Appellant , Kathy Loehr-Balada, Agent , requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain habitable space above a garage , with a building setback from the west side property line of 10 +/- feet ( 15 foot setback required) at 25 Fairway Drive , Town of Ithaca Tax Parcel No. 66 -34 . 519, Residence District R -15 . • • TOWN OF ITHACA ZONING BOARD OF APPEALS 8 JANUARY 8 1997 Michael Koplinka - Loehr said he would be representing Kathy Loehr- Balada appeal . He said most of the documentation has already been submitted to the Building and Zoning Department , and that he just handed Chairman Stotz a few more neighbor signatures . At this point , there are two neighbors who have not given approval for this appeal . One neighbor is out of the country , and the other neighbor mailed a letter separately to the Zoning Board of Appeals , Larry and Elizabeth Fabbroni . Upon buying this house , the owners learned about the difficulty of being to close to the edge of the property line with a building permit to do some modifications . Mr . Fabbroni' s letter mentioned that he has known about this , but the people who lived there did not know about it . Mr. Frost said the original permit that was issued for the construction in 1986 showed an eight foot setback on the plot plan of the building . The original permit and plans did not show living space above the garage . If it had , they would have to be in compliance with the 15 foot setback . They could have been 10 feet without living space . During the course of the project it was not clear when the certificates of completion were issued , that the living space was noted . Mr . Frost said perhaps the space above of the garage was added after the last inspection and prior to the closing of the property . Mr . Loehr mentioned putting an apartment over the garage , so the Building and Zoning Department had done some research and multiple site inspections . At this point , the house was built 10 feet from the property line , not 15 feet that was required . With the living space they would need definitely need • 15 feet. If there was no living space above the garage there would not be any violations . Mr. Loehr wants to request living space above the garage for an apartment . The application suggests that the space above the garage was in before the house was completed , but the Town's records do not reflect that . Chairman Stotz asked if the whole second story was added to the house . Mr . Frost responded , no , it was a second story , but in many garages it is classified as unfinished space . If the Building and Zoning Department seen these violations going on during the inspection ten years ago , they would have done something then . The Building and Zoning Department is going through a process of, presuming the variance would be granted , of certifying the space and making it co- compliant . Mr . Ellsworth asked if this house is just north of the Fabbroni house by the cul- de- sac . Mr . Frost responded , yes . Chairman Stotz asked if everything is in the second story apartment above the garage except the kitchen area . Mr. Koplinka- Loehr responded , yes . • • TOWN OF ITHACA ZONING BOARD OF APPEALS 9 JANUARY 8, 1997 Mr . Frost said there might be potential problems with the ceiling height given that it is underneath a sloping roof some modifications may need to be done for a required ceiling height in the bedroom . Chairman Stotz asked what is the name of the property owner on the side where the deficiency is . Mr . Koplinka- Loehr responded , Mr . and Mrs . Fabbroni . Chairman Stotz said there are additional comments being passed around from the neighbors in regards to this appeal . There were 14 neighbors in addition to the ones presented tonight that are in favor of this appeal . Mr . Fabbroni' s letter states he is not specifically against the approval , but he is asking that no additional above- ground permanent improvements be made . For example , paved or unpaved vehicle areas , driveways , accessory buildings or structures , beyond the sidewalk and entry door proposed . This should include the side lot space for the entire length of the lot . Chairman Stotz opened the public hearing . • Elaine Quaroni said she was the agent for the seller through Audrey Edelman Associates . She was present at the closing , and the seller put some money into escrow because the house is not in compliance . Her understanding is because the garage i9 a two story garage , whether there is living space there or not . Her impression of this variance was to request the allowance of the existing two story garage to remain in place . The sellers will be penalized if the variance does not go through . There are two issues to this variance hearing , which this board could allow a two- story garage or whether living space is allowed in the two story garage . Chairman Stotz said the primary issue before the board is whether or not this board would allow the reduction of the side lot requirements . The garage without a space above it would only require a 10 foot setback on the side lot . Since it does have the space above it , it would require 15 feet . Ms . Quaroni said the Zoning ordinance states that a two story garage needs 15 feet . Mr. Frost said the Zoning Ordinance states that the side yards cannot be 15 feet . One of the side yards for an one story garage , may be 10 feet from the street line . They could have a one story garage 10 feet from the property line . Ms . Quaroni asked if the house is not in compliance because of the two story garage . Mr. Frost responded , yes . When he thinks of a two story garage with habitable space above • it , and required 15 feet , which is what this appeal is advertised for . • TOWN OF ITHACA ZONING BOARD OF APPEALS 10 JANUARY 8 , 1997 Ms . Quaroni said the owners of the house are under the impression that a variance for compliance be approved since it was sold as a single family home . The living space is a separate issue as far as getting that variance . Chairman Stotz said the living space is still a separate issue to comply with certain codes to make a habitable space as Mr . Frost mentioned . Mr. Frost said it would be easier to look at this in terms of the space above the garage making it a two story garage , which is not allowed 10 feet . One story garage could be 10 feet , but this is a two story garage . Whether the space above the garage ceiling is habitable or unhabitable it is a two story garage requiring 15 feet . Attorney Barney said Ms. Quaroni is saying that it would be easier to get a variance to allow the two story garage without the issue of habitable space being involved . The habitable space is a separate issue . The owner would like to see a variance to allow a two story garage whether it is habitable or not . Chairman Stotz said his reading of the appeal is that the habitable space is not the issue for • this board , it is whether the side lot is 10 or 15 feet . Mr. Frost said Mr. Loehr wanted to put an apartment over the garage , which would be permitted by zoning but with a 15 foot setback . The board should focus on the request to maintain a two story garage 10 feet from the property line . Ms . Quaroni said the owners had the impression that they would have to reduce the building to an one story garage to meet the zoning laws . Mr. Frost said they would , technically . If the variance was denied , then they would not be able to have this garage . Chairman Stotz closed the public hearing . Mr. Krantz said the Fabbroni letter states that they do not want any permanent improvements , and asked if landscaping would be a permanent improvement . Attorney Barney said Mr . Fabbroni was talking about structures . Mr. Frost said when Mr. Loehr receives the variance , that the improvements to the second floor of the garage would include a stairway with an exterior door going to a platform outside the building . Mr. Fabbroni ' s letter states beyond the sidewalk and entry door proposed . There is an entry door proposed facing Mr. Fabbroni ' s property , and he does not mind as long as this improvement does not • TOWN OF ITHACA ZONING BOARD OF APPEALS 11 JANUARY 8, 1997 go beyond the sidewalk and entry door . Mr . Krantz asked if the board could include a clause for the motion stating that there be no above ground permanent improvements . Attorney Barney said improvement in that contexts usually means physically created by man . It does not usually encompass what this board would consider landscaping such as trees or bushes . Chairman Stolz asked if Mr . Fabbroni ' s concern is for the entire length of the lot . Attorney Barney said he did not understand whether Mr. Fabbroni means from the depth of the lot , from the existing garage , or from the road back. Mr. Frost said the remaining side yard for the depth of the lot sounds like the 10 feet would be from the front of the property to the rear lot line shalt be maintained opened . If the owners were not in front of the board tonight , they could put an accessory building in the rear yard three feet to the property line . This seems to be what Mr . Fabbroni is asking for, a 10 foot buffer. • MOTION By Mr. Ronald Krantz, seconded by Mr. Harry Ellsworth : RESOLVED , that this board grant the appeal of the variance for James Loehr at 25 Fairway Drive , Town of Ithaca Tax Parcel No . 66-3-3 . 519 , Residence District R- 15 , to be permitted to maintain a two story garage with a setback from the west side of the property 10 +l- feet where 15 feet is required with the following condition : a . No additional permanent ground improvements be made on the area on the west side of the property line from the front of the garage to the rear of the property beyond the sidewalk and entry door that has been proposed , which measures approximately 10 feet . A vote on the motion resulted as follows : AYES - Stolz , Ellsworth , Krantz. NAYS - None . The motion was carried unanimously . • OTHER BUSINESS TOWN OF ITHACA ZONING BOARD OF APPEALS 12 JANUARY 8, 1997 The board decided to elect a vice chair at the next Zoning Board of Appeals meeting . Mr. Frost said Mr. Scala ' s term expired December 31 , 1996 for this board . The Town Clerk sent him a letter in regards to this . There was an advertisement placed in the Ithaca Journal for a variety of Town vacancies including the Zoning Board of Appeals . There was one application submitted , and will be reviewed . Mr. Scala said he is interested continuing on the board , and that he would call the Town Clerk . Attorney Barney informed Mr . Scala after his phone call to the Town Clerk that he also submit a letter to the Town Board . Chairman Stotz adjourned the meeting at 8 : 03 p . m . Deborah Kelley, Keyboard Specialist/ MinutesRecorder. ✓G David Stotz Chai an . • �-.---rte TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Dani L . Holford , being duly sworn , depose and say that I am the Town of Ithaca Building and Zoning Department Secretary , Tompkins County , New York ; that the following notice has been duly posted on the sign board of the Town of Ithaca and that said notice has been duly published in the local newspaper , The Ithaca Journal . Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall , 126 East Seneca Street , Ithaca , New York on Wednesday , January 8 , 1997 , commencinct at 7 : 00 P . M . , as per attached . Location of sign board used for posting : Bulletin board , front entrance of Town Hall . Date of posting : December 30 , 1996 • Date of publication : January 3 , 1997 d Dani L . Holford , Building and Zoning Department Secretary , Tow of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 3rd day of January , 1997 . P), Not ry blic BETTY F. POOLE NOTARY PUBLIC STATE OF NEW YORK # 4646 427 • TOWN OF ITHACA ZONING HOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , JANUARY Sr 1997 7 : 00 P . M . By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday , January 8 , 1997 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR Entrance , WEST Side ) , Ithaca , N . Y . , COMMENCING AT 7 : 00 ? . M . , on the following matters : APPEAL of Harold Purdy , D . D . S . , Appellant , Robert Tallman , Agent , requesting a variance from the requirements of Article VII , Section 37 and 38 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge an existing professional building which has a front yard building setback of 40 feet ( 50 feet required ) on a building lot containing parking spaces located within the required front , side , and rear yard open spaces , at 1018 Ellis Hollow Road , Town of Ithaca Tax Parcel No , 62 - 2 - 13 . 1 , Business District C . Authorization by the Zoning Board , under Article XII , Section 54 for said enlargement may also be required . APPEAL of Cornell University , Appellant , William E . Wendt , Agent , requesting an extension of a time - limited special approval granted by the Town of Ithaca Zoning Board of Appeals on April 10 , 1991 , under Article V . Section 18 of the Zoning Ordinance , for a temporary parking lot containing 134 spaces at the former Oxley Polo Arena on Dryden Road , Town of Ithaca Tax Parcel No . 63 - 1 - 8 . 2 , Residence District R- 30 . The request is to allow continued use until December 31 , 2001 . APPEAL of James C . Loehr , Appellant , Kathy Loehr - Balada , Agent , requesting a variance • from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain habitable space above a garage , with a building setback from the west side property line of 10± feet ( 15 foot setback required ) at 25 Fairway Drive , Town of Ithaca Tax Parcel No . 66 - 3 - 3 . 519 , Residence District R- 15 . Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Individuals with visual or hearing impairments or other special needs , as appropriate , will be provided with assistance , as necessary , upon request . Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing . Andrew S . Frost Director of Building and Zoning 273 - 1783 Dated : December 30 , 1996 Publish : January 3 , 1997 • FINAL TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , JANUARY B . 1997 7 : 00 P . M . By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday , January 8 , 1997 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR Entrance , WEST Side ) , Ithaca , N . Y . , COMMENCING AT 7 : 00 P . M . , on the following matters : APPEAL of Harold Purdy , D . D . S . , Appellant , Robert Tallman , Agent , requesting a variance from the requirements of Article VII , Section 37 and 38 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge an existing professional building which has a front yard building setback of 40 feet ( 50 feet required ) on a building lot containing parking spaces located within the required front , side , and rear yard open spaces , at 1018 Ellis Hollow Road , Town of Ithaca Tax Parcel No . 62 - 2 - 13 . 1 , Business District C . Authorization by the Zoning Board , under Article XII , Section 54 for said enlargement may also be required . APPEAL of Cornell University , Appellant , William E . Wendt , Agent , requesting an extension of a time - limited special approval granted by the Town of Ithaca Zoning Board of Appeals on April 10 , 1991 , under Article V , Section 18 of the Zoning Ordinance , for a temporary parking lot containing 134 spaces at the former Oxley Polo Arena on Dryden Road , Town of Ithaca Tax Parcel No . 63 - 1 - 8 . 2 , Residence District R- 30 . The request is to allow continued use until December 31 , 2001 . APPEAL of James C . Loehr , Appellant , Kathy Loehr - Balada , Agent , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , • to be permitted to maintain habitable space above a garage , with a building setback from the west side property line of 10± feet ( 15 foot setback required ) at 25 Fairway Drive , Town of Ithaca Tax Parcel No , 66 - 3 - 3 . 519 , Residence District R- 15 . Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Individuals with visual or hearing impairments or other special needs , as appropriate , will be provided with assistance , as necessary , upon request . Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing . Andrew S . Frost Director of Building and Zoning 273 - 1783 Dated : December 30 , 1996 Publish : January 3 , 1997 yard building setback of 40 Leet (50 feet required) on a building lot containing park- ing spaces located within the required front, side, and rear yard open spaces, at 1018 Ellis Hollow Road, Town of. Ithaca Tax Parcel No . 62.2. 13 . 1 , Business District C. Authorization by the Zon- ing Board, under Article XII, Section 54 for said en, largement may also be re- quired. APPEAL of Cornell Universiy, Appellant, .William E. Wendt, Agent, requesting an exten- sion of the time-limited spa- tial approval granted by the Town of Ithoca Zoning Board of Appeals on April 10, 1991 , under Article V. Sec- tion 18 of the Zoning Ordi- nance, for a temporary park- ing lot containing 134 spaces at the former Oxley Polo Arena on Dryden Road Town of Ithaca Tax Parcel No. 63- 1 -8 .2, Residence Dis- trict R-30. The request is to allow continued use until De- cember 31 , 2001 . APPEAL of James C. Loehr, Appellant, Kathy Loehr Balado, Agent, requesting a variance from the requirements of Article N Section 14 of the Town 4 Ithaca Zoning Ordinance, to be permitted to maintain hab- itable space above a garage, , with a building setback from the west sideproperty line of 10± feet ( 15 foot setbadt required) at 25 Fairway ` Drive, Town of Ithaca Tax Par- cel No. 66.3.3 .519, Rosi:, dente District R- 15. Said Zoning Board of Ap•^ peals will at said time, - 7:00p.m . , and said place hear all person's in support o such matters or 'objections thereto. Persons may appear by agent or in person . Indi- viduals with visual or hearingg impairments or other special TOWN OF ITHACA needs, as appropriate, Wiff ZONING BOARD be provided with assistance, OF APPEALS as necessary, upon request. ' NOTICE OF Persons desiring assistance "lUBLIC HEARINGS must make such a request not •'WEDNESDAY less than 48 hours prior to the •'JANUARY 8 time of the public hearing. 1997, 7:00p.m. Andrew S. Frost By direction of the Chairman Director of of the Zoning Board of Ap- Building and Zoning peals,:NOTICE IS HEREBY 273- 1783 GIVEN that Public Hearings January 3, 1997 will be held by the, Zoning Board of AD eals of the Town of Ithaca on Wednesday, Jon- uory 8, 1997, in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca, NY, COMMENCING at 7:00p.m., on the following makers: APPEAL of Harold Purdy, D.D.S., Appellant, Robert Tal- lman, Agent, requesting a variance - from the requirements of Article VII, Section 37 and 38 of the Town of Ithaca Zoning Ordi- nance, to be permitted to en- large an existing pprofessional Buitdin i which fws a front