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HomeMy WebLinkAboutZBA Minutes 1997-03-12 Fn'AM TOWN SOF MIACA FINAL TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY, MARCH 12, 1997 The following appeals were heard by the board on March 12 , 1997 : APPEALof the Paleontological Research Institute, Owner, Warren Allmon , Agent, requesting a variance from the requirements of Article V , Section 21 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a 61000 + /- square foot addition to the northeast side of an existing museum/research institute , with a north side lot line setback of 35 +/- feet (40 feet required) at 1259 Trumansburg Road , Town of Ithaca Tax Parcel No . 24-3-3 . 1 , Residence District R-30 . GRANTED APPEAL of James Bruno , Appellant, requesting a variance from the requirements of Article V, Section 20 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a 30 foot x 60 foot accessory building with a building height of 18 +/- feet ( 15 foot height limit) at 153 East King Road , Town of Ithaca Tax Parcel No . 44-2-6 , Residence District R-30 , GRANTED WITH CONDITIONS APPEALof Lawrence lacovelli , Appellant, requesting a variance from the requirements of Article III , Section 4 of the Town of Ithaca Zoning Ordinance , to be permitted to create a building with four dwelling units , whereas only two are allowed , at 167 Kendall Avenue , Town of Ithaca Tax Parcel No , 544-25 . 2 , Residence District R- 9 . A modification of a previously granted variance from November 10 , 1978 permitting , with conditions , three dwelling units may also be requested . GRANTED WITH CONDITIONS TOWN OF ITHACA nAL • TOWN OF ITHACA d ZONING BOARD OF APPEALS WEDNESDAY, MARCH 12, 1997 PRESENT : Chairman David Stotz , Edward King , Harry Ellsworth , Ronald Krantz, Andrew Frost , Director of Building and Zoning , John Barney, Attorney for the Town , JoAnn Cornish , Planner, Brian Cutler, Assistant Building and Zoning Officer. OTHERS : James Bruno , Attorney Edward Mazza , Lawrence lacovelli . Chairman David Stotz called the meeting to order at 7 : 05 p . m . , stating that all posting , publication , 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 the Paleontological Research Institute, Owner, Warren Allmon, Agent, requesting a variance from the requirements of Article V, Section 21 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 6 , 000 +/= square foot addition to the northeast side of an existing museum/research institute, with a north side lot line setback of 35 +/- feet (40 feet required ) at 1259 • Trumansburg Road, Town of Ithaca Tax Parcel No. 24=3-11 , Residence District R-30. Chairman Stotz opened the public hearing . With no one present to speak, the public hearing was closed . Edward King said at the last meeting the board discussed this issue fully . The board agreed that the 35400t variance would be acceptable according to the reasons stated in the previous minutes . The primary reason being that the NYSEG right-of-way is the neighbor to the north of this property . This would not adversely affect the surrounding area . Ronald Krantz asked if the State Historic Preservation Office literature involves this appeal . Mr. King said the State Historic information involves the addition to the building , but not the granting of the side yard setback variance. Planner JoAnn Cornish said some information came to light from Historic Ithaca during the Planning Board review of this project . Historic Ithaca mentioned that this building might be on the historic register or may have been nominated to be on the register. We have since found that not to be true. However, the building does have some historical significance . Historic Ithaca attended the Planning Board meeting . They were fine with the addition being proposed . The plans are in Albany for State review at this time , but should not at�ect the decision of this board . • • TOWN OF ITHACA ZONING BOARD OF APPEALS 2 MARCH 12, 1997 MOTION By Mr. Ronald Krantz, seconded by Mr. Harry Ellsworth : RESOLVED,that this board grant the appeal of Paleontological Research Institute at 1259 Trumansburg Road , Town of Ithaca Tax Parcel No . 24-3-3 . 1 , Residence District R-30, to be permitted a north side yard to be 35 +/- feet instead of the required 40 feet. A vote on the motion resulted as follows : AYES - Stotz, King , Ellsworth , Krantz. NAYS - None. The motion was carried unanimously. The second appeal to be heard by the board was as follows: APPEAL of James Bruno, Appellant, requesting a variance from the requirements of Article V, Section 20 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 30 -foot x 60 foot accessory building with a building height of 18 +/= feet ( 15 foot height limit) at 153 East King Road, Town of Ithaca Tax Parcel No. 44-2-6, Residence District R-30. James Bruno of 153 East King Road said he would like to construct an accessory building with the same roof pitch as the existing roof pitch of the house on the property. Chairman Stotz asked if the siding of the accessory building would match the siding of the existing house . Mr. Bruno said the siding would probably be a T1 -11 board and batten . The siding on the house is available now, so he might use the same type of siding for the accessory building . Mr. King asked what the height of the existing house is . Mr. Bruno said the existing house is approximately 15 to 16 feet at the peak of the garage. Mr. King asked Mr. Bruno if he wants to build the accessory building 18 feet in ht.sight, Mr. Bruno responded , yes . • Chairman Stotz said the accessory building of 30 feet by 60 feet would be a big storage building . TOWN OF ITHACA ZONING BOARD OF APPEALS 3 MARCH 12, 1997 Mr. Bruno said his existing house is on a slab and has no basement. The house does not have any storage in the attic either. He wants to put his car in the garage, but it is full of stuff. Chairman Stotz asked Mr. Bruno if he would be parking his car in the accessory building . Mr . Bruno responded , no . He would like to park his car back too in the garage . The accessory building would be only used for storage and a craft studio for the family . Chairman Stotz asked if the craft studio is the reason for the 1 , 500 square feet of space . Mr. Bruno said some of the space would be for the crafts , but the rest of the space would be for storage. He was thinking of building a smaller building , but the construction costs would be the same for a bigger building as a smaller building . Chairman Stotz asked if the accessory building would have any heat in it. Mr. Bruno said he would be adding heat at some point. Chairman Stotz asked if any sanitary facilities be added to the accessory building . • Mr. Bruno responded , no. Chairman Stotz asked if the accessory building was going to be insulated for the craft studio . Mr. Bruno responded , yes . Andrew Frost asked Mr. Bruno if he had any intentions of putting a residence in this accessory building . Mr. Bruno responded , no . Mr. Krantz asked if any of the neighboring landowners have any objections to this construction . Mr. Bruno responded , no . Mr. Frost said the adjoining landowners received notice of this hearing from the Building and Zoning Department Office in regards to any objections . Mr. Bruno said the proposed building on his property would set back from the road . There is not any immediate neighbor or house close by. TOWN OF ITHACA • ZONING BOARD OF APPEALS 4 MARCH 12, 1997 Mr. King asked Mr. Bruno approximately how far is it to the near house from either way. Mr. Bruno said there is a small house across the road , which is approximately 800 feet or more from his property. Mr . Frost asked Mr. Bruno if he would have any intentions to put the building closer to the road . Mr. Bruno responded , no . Mr. Frost said the reason he is asking is because this would be an accessory building that needs to stand in the back yard behind the existing house. Chairman Stotz asked what the separate proposed driveway would be used for. Mr. Bruno said the access to the building would be to cross the yard . There would not be a way to get to the building unless the driveway was constructed . The driveway would be used to drive to and from the building instead of driving across the yard . Mr . Frost said there is an allowance by the ordinance to permit a home occupation to be • conducted on someone' s property where they reside. Mr. Bruno is a cabinet maker. Mr. Frost asked Mr. Bruno if he has any envisions of using the accessory building for the home occupation . Mr. Bruno responded , no . Crafts would be the only thing used in the building . He has no intention to make a business out of the accessory building . At some point, if he and his wife were able to combine their crafts , it would just be them alone in this endeavor. There is no intention of employees working in this accessory building . Chairman Stotz asked if there would be anything sold at this location where customers would be coming in . Mr . Bruno responded , no . Some of the craft items he and his wife work on together have been sold to craft stores or at fairs . The proposed driveway would be used for access only to the accessory building to move their stuff back and forth . Chairman Stotz said there was some indication of concern about sight distance on the highway by using that driveway in terms of being able to see either way when exiting the driveway. Mr. Bruno said that would be a visible spot because at that point people would be able to see east onto King Road . There would be clear vision down to the west. Planner Cornish said the existing driveway sight distance is much shorter than the proposed • driveway. • TOWN OF ITHACA ZONING BOARD OF APPEALS 5 MARCH 12, 1997 Mr. Bruno said that was correct . Chairman Stotz opened the public hearing . With no one present to speak, the public hearing was closed . ENVIRONMENTAL ASSESSMENT Chairman Stotz said the Environmental Assessment noted that a pond should be taken care of in regards to drainage and sediment collecting during construction . Chairman Stotz asked Mr. Bruno if had given any thought to that. Mr. Bruno said he had not , but would consider it. Mr. King asked if the land slopes down considerable from the road to the pond . Mr. Bruno said yes. Pending on the time of year, there is higher water in the pond that feeds back towards the road . • Mr. King asked if the construction site would be at a higher elevation . Mr. Bruno responded , yes . Mr. Frost said the pond is approximately 200 feet to the rear of the property. Planner Cornish said the day she visited the site there was a lot of standing water there . She could not tell in what direction the water flows. Mr. Bruno said as the pond level rises the water hits a drain . The water then drains to a culvert to the road . The only time the water is really there is this time of year. Once the warmer weather arrives it the pond level drops . Planner Cornish asked if the drainage from the structure would be towards the road . Either way she would caution Mr. Bruno about the sediment eroding into the pond or the culvert on the road . Chairman Stotz said the Environmental Assessment mentions the sight distance that Planner Cornish had already clarified . The siding of the building is favorable in terms of visual impact, that the peak end would be facing the road . Mr. Bruno would be making an attempt to make the exterior to the siding of the existing house . • TOWN OF ITHACA • ZONING BOARD OF APPEALS g MARCH 12, 1997 MOTION By Mr. Harry Ellsworth , seconded by Mr. Ronald Krantz: RESOLVED, that the board make a negative determination of environmental significance for the property at 153 King Road , Town of Ithaca Tax Parcel No , 44-2-6 , Residence District R-30, based on the review by the Town of Ithaca Planning Department. A vote on the motion resulted as follows: AYES - Stotz, King , Ellsworth , Krantz. NAYS - None. MOTION By Mr. Ronald Krantz, seconded by Mr. Harry Ellsworth : RESOLVED, that the board grants the appeal of James Bruno at 153 King Road , • Town of Ithaca Tax Parcel No . 44-2-6 , Residence District R-30, from the variance requirements of Article V, Section 20 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 30 foot by 60 foot accessory building with a height not to exceed more than 19 feet with the following conditions: 1 . That during construction adequate precautions be taken for sediment running into the pond or the road . 2 . That there be no kitchen and/or cooking facilities in the accessory building. 3 . That the Building and Zoning Enforcement Officer will make periodic inspections to make sure that the conditions are met to the fullest. The board had a brief discussion about having sanitary facilities in the accessory building. A vote on the motion resulted as follows : AYES - Stotz, King, Ellsworth , Krantz. NAYS - None . The motion was carried unanimously. • The last appeal to be heard by the board was ' as follows : TOWN OF ITHACA ZONING BOARD OF APPEALS 7 MARCH 12, 1997 APPEAL of Lawrence lacovelli , Appellant, requesting a variance from the requirements of Article III, Section 4 of the Town of Ithaca Zoning Ordinance, to be permitted to create a building with four dwelling units, whereas only two are allowed, at 167 Kendall Avenue, Town of Ithaca Tax Parcel No. 54-4-25. 2, Residence District R-9. A modification of a previously granted variance from November 10, 1978 permitting, with conditions, three dwelling units may also be requested . Mr. Frost said one unit out of the four units has a making of a kitchen , but there is no stove top or kitchen counter. Mr. lacovelli has a variance in place that allows him three units . Mr. King asked what is the current usage of the parcels on either side of 167 Kendall Avenue that Mr. lacovelli is proposing to restrict. Edward Mazza, Attorney representing Lawrence lacovelli , said there is a house on the right- hand side , and there is a two or three apartment house to the left. Chairman Stotz asked if the lot would be restricted in a way that no construction could take place , and it would be included in the title to the lot. Attorney Mazza responded , yes . This lot would need to be sold with lot 167 . It would have to be sold as a blockade in the future , but if there was a restrictive covenant nothing could happen on that lot as long as this building was used as four dwelling units . Chairman Stotz asked if notices were mailed to adjacent property owners . Mr. Frost responded , yes . Chairman Stotz said the minutes from 1978 Zoning Board of Appeals outlines the density of this area : Zoning Board of Appeals Minutes November 10, 1978: "If this board should allow the three subject lots to be used as a single lot for a multi- family dwelling as applied for, the result would be: 43 lots, unimproved; 18 lots improved with single family dwellings; and 26 lots improved with two, or more, family dwellings; for a total of 87 parcels. The percentages would be as follows: 49. 4 % unimproved; 20. 6% single family; 29. 8% two, or more, families. " Chairman Stotz asked if this has changed substantially. • TOWN OF ITHACA ZONING BOARD OF APPEALS 8 MARCH 12, 1997 Planner Cornish said she does not think things have changed substantially other than some new buildings have been constructed . Chairman Stotz asked if there is still was more than 30 percent of two or more families . Planner Cornish responded , yes . Chairman Stotz said the Board felt that allowing four dwelling units at that time might set a precedent, because subsequently it was approved in two locations . Planner Cornish said she reviewed some files and found some occupancy issues that have been addressed since 1978 in other properties . Mr. Frost asked if 164 Kendall Avenue had dedication for four lots . Attorney Mazza said he knows the ones James and Lawrence lacovelli did . They had the same rationale as this one . They were taking some of the small lots and combining them into one parcel . This was making it more economical for the owner to build and it also allowed more open space. It would reduce the density allowed by the ordinance in most cases . They would have been • allowed so many people. That would make the water and sewer less , noise less , and traffic less. The same rationale was set forth at the November 10 , 1978 meeting as being set forth for this appeal . Mr. Frost said Saranac Way has been recognized over the years as being noisy, garbage all over the place , and police called to break up parties . Over the last few years , this area has been very quiet . Police patroling the neighborhood has quiet things down for the past few years . However the board decides in favor of this appeal , there are building code issues that need to be addressed. Fire separation between tenant spaces is one of the most important issues . It is obvious by looking at some of the separating doors it would be tenant space that they are not fire related doors. One or two areas in the mechanical room looking at the ceiling has no sheetrock. These are the more important deficiencies that need to be addressed . Chairman Stotz asked if parking is sufficient in this area . Planner Cornish responded , yes . Chairman Stotz asked about the garbage situation . Lawrence lacovelli said Superior Disposal has put dumpsters in the area , but some students do not always put the garbage in them . We do keep after them to pick up . • Mr. King asked how many people are in occupancy. TOWN OF ITHACA • ZONING BOARD OF APPEALS 9 MARCH 12, 1997 Mr. lacovelli said there were eight unrelated people, but now there are six. He works out of town all the time, and the bookkeeper does the renting . She did not know she was not suppose to rent this . Mr. lacovelli moved them out as soon as he was notified of the violation . Mr. Frost said the floor plans of the building clearly show four separate units . One of the kitchens was a formal kitchen with kitchen counters and stove top units that were removed . By definition of the Town 's Zoning Ordinance and Building Code in the area , a place that provides sleeping , sanitary, and cooking provisions in an area that could be semi -private from the rest of building would be considered a dwelling unit. Mr. King asked if the fourth apartment was there when the matter came before the board in 1978 . Attorney Mazza responded , yes . Chairman Stotz asked if this apartment has been used . Mr. lacovelli said not until last year when the bookkeeper rented it out. • Mr. Frost said there were beds in the bedrooms that would be an apartment. It was not clear whether the stove top was in service or whether the refrigerator in the space was being used . These issues were discovered during a fire safety inspection that is done every three years in multi- residences . Mr. Krantz asked if there are four other four unit apartments in that area . Mr. Frost responded , yes . Mr. lacovelli owns one across the street. Planner Cornish said there are some dwelling units that have six in occupancy, and there is at least one for eight in occupancy. Chairman Stotz asked Attorney Barney if he is satisfied with the dedication of the property across the street to be added to this parcel . Attorney Barney asked if the dedication means it would remain forever vacant. Attorney Mazza responded , yes . This is similar to what was done 20 years ago. Attorney Barney said that was different. That included three lots consolidated into one , and limitation of occupancy to six people . • TOWN OF ITHACA ZONING BOARD OF APPEALS 10 MARCH 12, 1997 Attorney Mazza said it would be the same concept, but just not contiguous . This would not be the only lot in the Town of Ithaca that has a tax parcel that covers both sides of a road . Attorney Barney said he understands that, but he is not sure that there are any lots in the Town of Ithaca that are in similar encumberment with a restriction saying that it cannot be developed . Attorney Barney asked if this is what is being offered . Attorney Mazza responded , yes . Planner Cornish asked Attorney Mazza if he is suggesting to consolidate the lot across the street with this tax parcel to make one tax parcel . Attorney Mazza said that might be possible as a tax parcel . What he is suggesting is this would just be a restrictive covenant as long as this is being used this way , which means it would have to be sold together. Attorney Barney said the restrictive covenant would state no construction of any structure on this parcel , and no separate sale . • Attorney Mazza responded , yes . Chairman Stotz asked if that property was sold the covenant would go with the property to the new owners . Attorney Mazza responded , yes . Chairman Stotz asked if the new owner could ask for the restriction to be removed . Attorney Mazza responded , yes . Chairman Stotz asked who would the new owners have to ask. Attorney Barney said the Zoning Board of Appeals . That was the way the previous one was set up in 1978, it was limited to six people unless this board granted authorization for more than that. Mr. Frost said restrictions would include items such as no parking lots to be built. Attorney Mazza said there is no need to have anything there . Attorney Barney said this is a use variance that is being discussed here , which is the criteria for which there is no reasonable economic return from the property unless the use variance was granted . TOWN OF ITHACA • ZONING BOARD OF APPEALS 11 MARCH 12, 1997 Chairman Stotz asked what does it means if the apartment remains vacant. Attorney Mazza said if the apartment is not rented there would be less income for Mr. lacovelli . If he wanted another unit there, he would need to build on the vacant lot across the street, that would cost him money to build . Why build another unit when he has one he could convert at a much lower cost. Mr. lacovelli said he is still paying taxes on the vacant lot across the street. Attorney Mazza said if this was granted , this board would not have to worry about this owner or any future owner using the lot illegally. Chairman Stotz said he is concerned about the precedent that has already been set in this area of allowing these variances . Chairman Stotz asked Attorney Barney on what basis would this board not approve this appeal . Attorney Barney said he does not want tell the board what to do . Chairman Stotz is correct that a precedence set. In more recent times, there have been situations where the decision has not been to grant the variance . Originally , this was applied for eight people , but the board chose to • allow six people. Attorney Mazza said that did not include the dedication of the lot across the street. Mr. lacovelli said he built the first apartment on Kendall Avenue . Attorney Mazza said in 1978 , the Town dealt with this proposal for approximately a year before a resolution was finally passed. Mr. lacovelli started the process in 1977 , and it was in 1978 when the resolution was finally passed . Chairman Stotz said it is significant that no one has taken any objections to this appeal . Mr. Frost said in recent years , there have been no complaints in this neighborhood . Chairman Stotz asked if this is a student occupied neighborhood . Planner Cornish said there are still some single family homes left. Chairman Stotz asked how close is the nearest single family home to this house . Mr. lacovelli said there are two single family homes across the street . • TOWN OF ITHACA • ZONING BOARD OF APPEALS 12 MARCH 12, 1997 Mr. Krantz said it seems that this board should accept Mr. lacovelli ' s appeal . First, the board does not want to set a new precedence , secondly, there is no objecting to it , and thirdly, we are allowing him to utilize a space that is already there. Mr. Frost said it is not clear to him that they have met the test for use variance that Attorney Barney is interested in . Chairman Stotz said one criteria is financial hardship . Attorney Barney said the principle criteria is unable to develop a reasonable economic return in the absence of the variance . Attorney Mazza said the theory is a modification of what was done 20 years ago that was established at length with that board . Chairman Stotz said it is still a use variance. Attorney Mazza said there are the same arguments that would have been made 20 years ago . The argument is probably more so now because he could build a new structure across the street. • Attorney Barney said 20 years ago these standards were not enunciated this clearly. The Zoning Ordinance said 20 years ago that practical difficulty or unnecessary hardship . Now, the State Law in 1992 , articulated what the cases have been coming too over a period of years of the standards that are here . Chairman Stotz asked Mr. lacovelli if he built this building and when was the building built. Mr. lacovelli said , yes , he built the building in 1977 . Chairman Stotz asked if the requirements of occupancy that exist today existed in 1977 . Attorney Mazza responded , yes . Mr. lacovelli said the size of the building was there at the time . This was the layout of the floor plan when it was brought to the board , and that was what was approved . Chairman Stotz asked if the additional unit was built without a kitchen . Mr. lacovelli responded , yes . • TOWN OF ITHACA • ZONING BOARD OF APPEALS 13 MARCH 12, 1997 Chairman Stotz asked Mr. lacovelli if he knew when he built the house that the fourth unit could not be used as an apartment. Mr. lacovelli responded , yes . Chairman Stotz said according to these criteria he does not see any financial hardship . Mr. lacovelli said he has to pay the taxes for the vacant parcel across the street . Chairman Stotz said Mr. lacovelli should develop the property and get a return from the investment on that development, but that does not necessarily denote a financial hardship for this appeal . Mr. lacovelli said it would be easier to combined the two parcels as one for tax purposes. Attorney Mazza said Mr. lacovelli would have to pay the costs of constructing a new building and hooking up to the water and sewer, etc. , as opposed to bringing this unit up to building code to have a living unit . • Chairman Stotz opened the public hearing. With no one present to speak, the public hearing was closed . ENVIRONMENTAL ASSESSMENT Planner Cornish said , for the record, the planning staff did not see any adverse environmental impacts from this . The house is in keeping with the characteristics of the neighborhood , since there are several others that are similar to this one . The parking was adequate. It was of residential nature , and it is landscaped . There were no environmental concerns . 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 167 Kendall Avenue, Town of Ithaca Tax Parcel No , 54- 4-25 . 2 , Residence District R-9 , based on the review by the Town of Ithaca Planning Department. A vote on the motion resulted as follows : • AYES - Stotz, King , Ellsworth , Krantz. NAYS - None . TOWN OF ITHACA • ZONING BOARD OF APPEALS 14 MARCH 12, 1997 The motion was carried unanimously. Mr. Krantz said it seems to make sense to have eight students running around in a building that is up to code rather than having six students running around in a building where only 3/4 is up to code. If the board denies the appeal , this would be the case. One fourth of the building is below the code now, it would not be brought up to code if there is no residences in it . MOTION By Mr. Ronald Krantz, seconded by Mr. Edward King : RESOLVED, that this board grant the appeal of Lawrence lacovelli from the requirements of Article 111 , Section 4 of the Town of Ithaca Zoning Ordinance to be permitted to create a building with four dwelling units at 167 Kendall Avenue , Town of Ithaca Tax Parcel No. 54-4-25 . 2 , Residence District R-9 condition upon the following conditions : 1 . That a modification of the previously granted variances from November 10, 1978 permitting the condition of three dwelling units may also be requested . • 2 . That this is with the realization that the building be P brought u to code. 9 3 . That the building would be subject to no more than four unannounced inspections a year of the property, and that the applicant is notified of the inspection results . 4 . That the applicant pay the fee for each inspection to make sure that there are no more than eight unrelated people living on the property. 5 . That the parcel across the street to be dedicated to this parcel to remain structure free as long as all four units are occupied until this board consents to eliminating the restriction . A vote on the motion resulted as follows : AYES - King , Ellsworth , Krantz. NAYS - Stotz. The motion was carried . • TOWN OF ITHACA • ZONING BOARD OF APPEALS 15 MARCH 12, 1997 Chairman Stotz adjourned the meeting at 8 : 32 p. m . r Deborah Kelley, Keyboard Sp is Minutes Recorder f avid Stotz, C irm n • • • TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , MARCH 12 . 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, March 12 , 1997 , in Town Hall, 126 East Seneca Street. (FIRST Floor, REAR Entrance, WEST Side), Ithaca, N .Y ., COLf�fENCING AT 7 :00 P .M ., on the following matters : APPEAL of the Paleontological Research Institute, Owner, Warren Allmon, Agent, requesting a variance from the requirements of Article V, Section 21 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 6,000 + square foot addition to the o northeast side of an existing museum/research institute, with a north side lot line setback of 35 + feet (40 feet required) at 1259 Trumansburg Road, Town of Ithaca Tax Parcel No. 24-3 -3 . 1 , Residence District R-30 . APPEAL of James Bruno, Appellant, requesting a variance from the requirements of Article V , Section 20 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 30 foot x 60 foot accessory building with a building height of 18 + feet ( 15 foot 0 height limit) at 153 East King Road, Town of Ithaca Tax Parcel No. 44-2-6, Residence District R-30 . A ? APPEAL of Lawrence Iacovelli, Appellant, requesting a variance from the requirements of Article III, Section 4 of the Town of c Ithaca Zoning Ordinance, to be permitted to create a building with four dwelling units, whereas only two are allowed, at 167 Kendall Avenue, Town of Ithaca Tax Parcel No . 54-4-25 .2, Residence District R-9 . A modification of a previously granted is variance from November 10, 1978 permitting, with conditions, three dwelling units may also be requested. 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: March 5 , 1997 Publish : March 7 , 1997 • 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 March 12 1997, commencing 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: March 5, 1997 Date of publication: March 7, 1997 Dani L. Holford, Building and Zo ng Department Secretary, Town of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 7th day of March, 1997 . Nary Pu is � "Y i , `?y ?U8i_ ; U STATE OF ;NEW YOR # 4645 427 • N . TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, MARCH 12 , 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, March 12, 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 the Paleontological Research Institute, Owner, Warren Allmon, Agent, requesting a variance from the requirements of Article V, Section 21 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 6,000 + square foot addition to the northeast side of an existing museum/research institute, with a north side lot line setback of 35 + feet (40 feet required) at 1259 Trumansburg Road, Town of Ithaca Tax Parcel No. 24-3 -3 . 1 , Residence District R-30. APPEAL of James Bruno, Appellant, requesting a variance from the requirements of Article V , Section 20 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 30 foot x 60 foot accessory building with a building height of 18 + feet ( 15 foot height limit) at 153 East King Road, Town of Ithaca Tax Parcel No. 44-2-6, Residence District R-30 . APPEAL of Lawrence Iacovelli, Appellant, requesting a variance from the requirements of Article 111, Section 4 of the Town of Ithaca Zoning Ordinance, to be permitted to create a building with four dwelling units, whereas only two are allowed, at 167 Kendall Avenue, Town of Ithaca Tax Parcel No. 54-4-25 .2, Residence District R-9. A modification of a previously granted variance from November 10, 1978 permitting, with conditions, three dwelling units may also be requested. 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: March 5 , 1997 Publish: March 7, 1997 •