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HomeMy WebLinkAboutZBA Minutes 1998-02-11 W1 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS _WEDNESDAY, FEBRUARY 11 , 1998 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, February 11 , 1998, 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 Richard and Laura Cunningham, Appellants, requesting variances from the requirements of Article IV, Sections 13 and 14 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a garage with a building height of 25 ± feet ( 15 foot height limit) and having a north and south side yard setback of 5 + feet ( 10 foot and 15 foot setback required respectively) located at 941 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25 -2-2, Residence District R- 15 . A Special Approval under Article XII, Section 54 may also be required as the property is nonconforming with current standards. • APPEAL of Yunis Realty, Inc. , Appellant, Mary Jo Yunis, Agent, requesting variances from the requirements of Article VII, Section 44 and 45 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a business/light industrial building with a front yard building setback of 65 + feet ( 150 feet required) and side yard building setbacks of 40 + feet (60 feet required) at 606 Elmira Road, Town of Ithaca Tax Parcel No. 33-3-2 . 1 , Light Industrial zone. Automobile parking spaces are also maintained in the required front yard, where parking is otherwise prohibited. 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: February 3 , 1998 Publish : February 6, 1998 • TOWN OF 1THACA ZONING BOARD OF APPEALS WEDNESDAY, FEBRUARY 11 , 1998 The following appeals were heard by the board on Wednesday, February 11 , 1998: APPEAL of Richard and Laura Cunningham , Appellants, requesting variances from the requirements of Article IV, Section 13 and 14 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a garage with a building height of 25 +/- feet ( 15 foot height limit) and having a north and south side yard setback of 5 +/= feet ( 10 foot and 15 foot setback required respectively) located at 941 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-24, Residence District R-15. A Special Approval under Article XII, Section 54 may also be required as the property is noncomforming with current standards. GRANTED APPEAL of Yunis Realty, Inc. , Appellant, Mary Jo Yunis, Agent, requesting variances from the requirements of Article VIII, Section 44 and 45 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a business/light industrial - building with a front yard building setback of 65 +/= feet ( 150 feet required ) and side yard building setback of 40 +/- feet (60 feet required) at 606 Elmira Road, Town of Ithaca Tax Parcel No . 33-3-2. 1 , Light Industrial zone. Automobile parking spaces are maintained in the required front yard, where parking is otherwise prohibited . • ADJOURNED UNTIL_ MARCH 1998 TOWN OF ITHACA • � � ZONING BOARD OF APPEALS WEDNESDAY, FEBRUARY 11 , 1998 PRESENT: Chairman David Stotz, Harry Ellsworth , Ronald Krantz, James Niefer, Kirk Sigel , Andrew Frost, Director of Building and Zoning , John Barney, Attorney of the Town , Christine Balestra , Planner, OTHERS : Laura Cunningham , Pam Fairbanks , Barbara Yunis , Dan Mitchell , Chairman David Stotz called the meeting to order at 7 : 07 p . m . , stating that all posting , publication , and notification of the public hearing had been completed and the same were in order. The first appeal to be heard by the board was as follows : APPEAL of Richard and Laura Cunningham, Appellants, requesting variances from the requirements of Article IV, Section 13 and 14 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a garage with a building height of 25 +/- feet (15 foot height limit) and having a north and south side yard setback of 5 +/= feet ( 10 foot and 15 foot setback required respectively) located at 941 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2-2, Residence District RA & A Special Approval under Article XII , Section 54 may also be required as the property is nonconforming with current standards. Laura Cunningham , 941 Taughannock Boulevard , said we moved into this house on the lake • approximately eight years ago . The house is really tiny. There is a garage, but that is small with the cars and storage . There is no place to put anything . We thought about a new garage for a long time , and now we need to act on it. Ronald Krantz asked if there has been any reaction from any of the neighbors about this project. Ms . Cunningham said the neighbors love the ideas . We share the driveway with two other neighbors and share parking spaces . In the middle of everything it is hard people to get up and down the driveway. Kirk Sigel asked if there is any particular reason this building needs to be 25 feet high opposed to a lower height. Ms . Cunningham said there will be a storage area in the top part of the building . The house does not have a basement or very many closets , so there is not a lot of storage in the house. Chairman Stotz asked Ms . Cunningham if her intention is to store cars in this building , and at the same level there will be additional space for storage. Ms . Cunningham said there will be storage above the space where the cars will be parked , which is the attic area. Chairman Stotz asked Ms . Cunningham if people would be able to stand straight up in the attic portion . • Ms . Cunningham said the pointy area people would be able to stand straight up , but then it would slope down . TOWN OF ITHACA ZONING BOARD OF APPEALS - FEBRUARY 11 , 1998 APPROVED - MARCH 11 , 1998 PAGE 2 Chairman Stotz asked if there would be any utilities to this building . • Ms . Cunningham said there will be electricity to the building , but she is not sure of anything else . She will be landscaping around the building along with outside lighting . Mr. Sigel asked if there would be any heat in the building . Ms . Cunningham responded , no . Chairman Stotz opened the public hearing . Pam Fairbanks said she is one of Ms . Cunningham' s neighbors . She is the last house in on the driveway. It is a switch back driveway with three houses , and the Cunninghams are the middle house. It is a very narrow steep piece of land . Part of the reason the building is 25 feet tall the building will be built into the hill side . The building would not be high above the road at all . We have talked about where a garage would go on the Cunningham 's property with a narrow lot. We bought our land from predecessors with their property, and we received a wider lot with a lot that is unusable. We have given the Cunningham 's a strip of our land to use as a lawn and landscaping . Ms . Fairbanks said she does not have any objections to this building proposal . The driveway gets dangerous in the wintertime, and to be able to pull off into a garage this would be terrific. There is no where else on this property to build a garage except on this narrow strip of land . There is nothing -else to do with this piece of property any how, and she thinks this is a good way to use the property. People from the road way will not be able to see much of the_garage because it would be built on a slope , and from the lake the _garage will not be seen because the Cunningham house is in the way along with a lot of trees . There is no visual impact • from the lake , and there is very little visual impact from the road . Ms . Cunningham said the building will be moved closer to Ms . Fairbanks property than whatever the setback is . It will be moving closer to the 30 foot strip that we have deeded right-of-way, which is a permanent easement to use and maintain . Attorney for the Town John Barney asked if the Freedmans were the previous owners . Ms. Cunningham responded , yes . Ms . Fairbanks said they gave the Cunninghams a parking easement, an easement for a certain number of people on a regular basis , and an easement for a certain number of people on an irregular basis. The Cunningham 's yard is actually her property. Attorney Barney asked who owns the underlying deed to the easement strip . Ms . Fairbanks said she owns the easement strip . The Cunninghams have a 30 foot side easement from a third of the way up the property and up the highway. Attorney Bamey asked what does control mean on the survey map . Ms . Fairbank said control meant to plant grass . The Cunninghams really wanted a yard , so we gave them the land because it is inaccessible to her. There is a shed and the parking area along with a lot of trees between our houses . • Attorney Barney asked Ms . Fairbanks if they all use the same road way. TOWN OF ITHACA ZONING BOARD OF APPEALS - FEBRUARY 11 , 1998 APPROVED - MARCH 11, 1998 PAGE 3 Ms . Fairbanks responded, yes. The driveway serves three residences. • Chairman Stotz asked if they would be angling the down hill side so when the Cunninghams want to park in the garage they would need to pull down and back into the garage . Ms . Cunningham responded , yes . It is not the ideal thing , but it is the only thing that we could come up with . Ms . Fairbanks said the other thing about having basement storage instead of height storage is bedrock. It is just rock. The Cunninghams were installing their plumbing in to go to the sewer, and the workers came to a halt because the bulldozers hit the rock. Ms . Cunningham said her house was built on the bedrock, and the _ lower level of the house was built around the bedrock in the back. Ms . Fairbanks said all alternatives have been thought of, and this was the simplest solution that makes sense . Chairman Stotz closed the public hearing . Chairman Stotz asked if the three foot rise of the foundation, would that be post construction . Ms . Cunningham said It will be a landscaping detail that will be filled in and not visible. Chairman Stotz asked how would the outside of the garage be finished . Ms . Cunningham said the garage will be the same stain as the house . Chairman Stotz asked what type of siding would the garage have. Ms . Cunningham said it would be board and bat. Chairman Stotz asked if the other houses in the area are of the same style. Ms . Cunningham said the Fairbanks house is of natural wood . The other neighbor has an old house that they have lived in since they were children . The houses are in a line, but there are a lot of trees all over so the building would not be very visible. ENVIRONMENTAL ASSESSMENT: Chairman Stotz said the Environmental Assessment Form states "it is unlikely that this proposal will have an adverse effect on the Town of Ithaca's Comprehensive Plan". Under C5 , it states that the request in height and side yard variances are similar to others in the west shore area , and then it goes on to say how bad this is, then it says it is not so bad after all . Planner Christine Balestra said it is something that the Board should be aware of that there are things happening on various lake shore developments around the country that are somewhat out of character with other types of developments in terms of homes along the lake shore . This is something • that the Board should be aware of that by continuing variances for structures that are larger than what the ordinance allows , it will eventually change the character of the neighborhood entirely. The proposed use and the scale of this particular garage it unlikely to be a major factory to effect it significantly. TOWN OF I_T_ HACA ZONING BOARD OF APPEALS - FEBRUARY 11, 1998 APPROVED - MARCH 11 , 1998 PAGE 4 MOTION made by David Stotz, seconded by James Niefer: • RESOLVED, that the board grant a negative determination of environmental significance for the appeal of Richard and Laura Cunningham at 941 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25-2- 2 , Residence District R- 15, based on the environmental report from the Town's Planning Department. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer, Sigel . NAYS - None . The motion was carried unanimously. MOTION made by Ronald Krantz, seconded by James Niefer: RESOLVED, that the board grant the appeal of Richard and Laura Cunningham at 941 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25-2-2 , Residence District R- 15, who have requested variances from the requirements of Article VI , Section 13 and 14 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a garage with a building height of no more than 26 feet where there is a 15 feet is the normal limit, and north side yard setback should be no less than 7 feet and no more than 9 inches on the south side . This proposal does not have any adverse affects on the neighborhood . A vote on the motion resulted as follows : • AYES - Stotz, Ellsworth , Krantz, Niefer, Sigel . NAYS - None . The motion was carried unanimously. The last appeal to be heard by the board was as follows : APPEAL of Yunis Realty, Inc. , Appellant, Mary Jo Yunis, Agent, requesting variances from the requirements of Article VIII, Section 44 and 45 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a business/light industrial building with a front yard building setback of 65 +/m feet ( 150 feet required ) and side yard building setback of 40 +/- feet (60 feet required ) at 606 Elmira Road, Town of Ithaca Tax Parcel No. 33-3-2. 1 , Light Industrial zone. Automobile parking spaces are maintained in the required front yard , where parking is otherwise prohibited. Barbara Yunis said the history on this property, back in 1971 when the building was built the contractor applied with a building permit with the Town of Ithaca . The contractor attached a plot plan which showed the setbacks from where the building will be located , and apparently the building permit was allowed without granting an area variance . This was not discovered until recently when we have a new tenant entering the building . The new tenant will be applying for site approval with the Planning Board next week. The other buildings in the area were given the same variances in the past, and were treated like commercial zoning . It is more administrative oversight. She is here tonight on a technicality, and ask the Board for approval so they could move forward for the new tenant to get approval for his business . • Chairman Stotz said in the past people have always parked in the front of the building . Chairman Stotz asked if the access to the building is from the side road not the main road. TOWN OF ITHACA ZONING BOARD OF APPEALS - FEBRUARY 11 , 1998 APPROVED - MARCH 11 , 1998 PAGE 5 Ms . Yunis said there is access from both the side road and the main road . • Chairman Stotz asked if the side road goes to a loading dock area . Ms . Yunis responded , yes , and the side road continues to Mancini's construction . Chairman Stotz asked if there is any possibility of having parking in back of the building instead in front of the building . Ms. Yunis said that would completely impose upon the new tenant. There is not a lot of room behind the building . Chairman Stotz said the survey map states that there is parking in back of the building . Ms . Yunis said there is black top in back of the building , but to completely limit the parking to the rear it would restrict the new tenant. Chairman Stotz asked if this would be a retail establishment. Ms . Yunis said it would be both . It will hopefully be the Ithaca Beer Company where they would run a retail area in front of the building . Chairman Stotz asked where would the main entrance to the building be . Ms . Yunis said it would be in front of the building . She would hate to have it be a requirement that the parking be in the rear only because trucks would be coming in and out of there . Chairman Stotz said whether we agree with it or not, the Zoning Ordinance states that people cannot park in front of the building in that area . There is space elsewhere on the property. Ms . Yunis said the rear also has warehouse and loading docks , and it would completely change the use of the property . Previous users of this establishment has brought trucks in to unload and the dumpster is located outback. It would be very restricting . Harry Ellsworth asked , with the new highway, is there a side lane for accelerating and decelerating at that point. Ms. Yunis said people could enter or exit on the side road it would be the same. Coming off the side road would be just as dangerous by pulling out Chairman Stotz said the side road is further up from the light, and people could see the road there where the entrance way is not so obvious . Ms . Yunis asked Chairman Stotz if he is suggesting to make it a front entrance and exit to the side road . Chairman Stotz said that could be a possibility. Attorney Barney said there have been discussions making Mancini Drive a Town road and making • it one way in . TOWN OF F_ ITHACA ZONING BOARD OF APPEALS - FEBRUARY 11 , 1998 APPROVED - MARCH 11 , 1998 PAGE 6 Director of Building and Zoning Andrew Frost said Mancini Drive could be one way in and having • a road to exit onto Five Mile Drive . Attorney Barney said there were discussions to force all traffic out of Mancini Subdivision to come out onto Five Mile Drive . James Niefer asked Ms . Yunis if they lost part of the front of the property as the new highway was built. Ms . Yunis responded , yes . Chairman Stotz said he does have some concerns with the entrance and exit being so close to the main highway. Ms. Yunis asked Chairman Stotz if it was a concern if there was an extra lane, would the parking still bother him . Chairman Stotz said it would not bother him so much if there was a separate tuming lane for that section of the road . Ms . Yunis asked if there could be a sign installed stating there is no exit onto the main road from the main entrance way. Chairman Stotz said he was not sure , and does not know what the Zoning Board of Appeals • opinions are . Mr. Ellsworth said it would be hard for people to get and out during busy times of the day. Mr. Niefer asked if there is new curbing along the highway when the reconstruction happened. Ms . Yunis responded , yes . The State did curb cuts to their standards . It was not determined at that point from the State that there would be a problem with entrance and exit. Parking was being allowed in the front and the setbacks were allowed with other tenant's businesses . Attorney Barney asked if there is 60 feet from the curbing to the building . Ms . Yunis said there is approximately 60 feet from the curbing to the building . Chairman Stotz opened the public hearing . Dan Mitchell said he is the owner and operator of the Ithaca Beer Company. As far as entrance and exits , the board is weighing two sides of two roads converging or coming over the hill on Route 13 north . There is also a situation where people are accelerating where they are not at top speed by the time they get to the road , yet they are coming at a faster speed before they get to the light and start to slow down . He does not know what is safer for leaving the premises . Mr. Niefer said there has been a lot of controversy about the design of the roads converging in this area . The State was taking a second look at this area according to the Ithaca Journal articles . • Mr. Mitchell said the distance between the two curbs are not substantial enough to slow down before getting to the road . TOWN OF ITHACA ZONING BOARD OF APPEALS - FEBRUARY 11 1998 APPROVED - MARCH 11, 1998 PAGE 7 Chairman Stotz asked Mr. Mitchell if he would be brewing in this establishment. • Mr. Mitchell said it is a microbrewery. There has been a lot of talk about the retail part of his business . He has over 500 accounts opened in five Counties where he is selling beer, and he would like to bring the production to Ithaca . His intention is to utilize the loading dock and the warehouse space. There is retail space here , and he would like to have a little home brewer shop and to be able to sell some merchandise . Chairman Stotz asked if the retail entrance would be in front of the building . Mr. Mitchell said there is a front entrance to the retail space. Chairman Stotz asked what type of retail volume does he expect in this establishment. Mr. Mitchell said he has only been focusing on the brewery end of it. He would like to start the brewery end before opening the retail front. Mr. Sigel asked if the retail space would be just for home brewing supply store. Mr. Mitchell responded , yes , and also people will be able to purchase T-shirts or hats . Mr. Sigel asked Mr. Mitchell if people would be able to buy their beer at this establishment Mr. Mitchell said people might be able to buy closed container beer, but not open containers . • Director of Building and Zoning Frost said there have been discussions with Mr. Mitchell about potential building code issues with certain types of retail in the building . Those conversations need to continue further. The intention would be to get the light industrial aspect of the brewing happening, but there could be some building code consideration that could restrict the type of retail . Mr. Sigel said he is a home brewer, and a home brew shop is usually pretty lucky to one person in there at a time buying supplies . He does not imagine a lot of traffic for the retail business . Mr. Mitchell said he is only focusing on the microbrewery more than the retail aspect Director of Building and Zoning Frost said no matter how this board decides , the board needs to be aware that there will be some building code restrictions for the retail aspect Director of Building and Zoning Frost said there has been a lot of retail businesses on this property, and this proposal would be for light industrial use which is consistent with the zoning in that area . Mr. Sigel asked if previous businesses need use variances . Director of Building and Zoning Frost said there was some change of zoning where the Town gave the rights to have retail businesses in light industrial zone , and that was changed in the late 1980's that light industrial zones only allow light industrial uses . There are non-conforming rights since there has been retail on this business previously. • Chairman Stotz asked Mr. Mitchell if he would need to get an ABC license . TOWN OF ITHACA ZONING BOARD OF APPEALS - FEBRUARY 11 1998 APPROVED - MARCH 11 , 1998 PAGE 8 Mr. Mitchell said he would need to get the State Liquor Authority and the AFT. Chairman Stotz closed the public hearing . ENVIRONMENTAL ASSESSMENT: Planner Balestra said this proposal will be before the Planning Board on February 17th , and the driveway issue will be addressed . The County had a concern also , and the Planning Board will be addressing that. The Planning Department Staff makes a negative determinations of environmental significance. Chairman Stotz said the fact that the Planning Board would be looking at this proposal it does not preclude the Zoning Board of Appeals from making certain stipulations . Attorney Barney said he has a concern that the Zoning Board of Appeals does not have adequate information to act on this appeal because the maps provided show a lot of different dimensions. The frontage does not have an accurate setback number since the highway reconstruction . Director of Building and Zoning Frost said he scaled the maps , and it was close to 65 foot setback based on the highway map. He was also under the impression that a full size version of the New York State Department of Transportation map was going to be supplied tonight. Attorney Barney said he is not sure that the board could rely on a New York State Department of Transportation map to show the location of the building relative to a property line. He suggests that the • owners should hire a surveyor for accurate measurements . It would be a shame to grant the variance for 60 feet and the next time the property is sold and it was discovered the numbers are not what they are suppose to be . The board should have accurate information in making a determination . Chairman Stotz asked when was the last survey of this -property been done. Ms . Yunis said there has not been an updated survey since the highway reconstruction . The property is not changing hands . The building will be just leased . Attorney Barney said he does not think the board has a problem with the building where it is presently located regardless of what the dimension is , but he does not think the board wants to give a dimension that is short that allows additional construction . Before the board could act on this appeal they need accurate dimensions . Ms . Yunis asked if the board could make a motion based upon the current location of the building to the road . Attorney Barney said the variance would be from the dimension of the road to the building needs to be accurate. Ms . Yunis asked if the motion could be contingent upon obtaining a survey. Attorney Barney said the proper way to handle with appeal would be to adjourn it until a survey is obtained for the front yard and side yard dimensions . • Director of Building and Zoning Frost asked if the board were to consider makingdecision if a a survey determined that there was less than 60 feet they would need to come back to the board . TOWN OF ITHACA ZONING BOARD OF APPEALS - FEBRUARY 11 1998 APPROVED - MARCH 11, 1998 PAGE 9 Chairman Stotz said he thinks it would be better if this board looks at this appeal again after the • Planning Board reviews this proposal . Some of the concerns he has would be the parking and he would like to see certain stipulations about the parking and signage . The Planning Board may have other ideas . Director of Building and Zoning Frost said Mr. Mitchell will not be able to get a building permit until the Zoning Board of Appeals for site plan approval . Attorney Barney said as he knows the Planning Board will also request an accurate survey map of the property. MOTION made by David Stotz, seconded by Kirk Sigel : RESOLVED, that this board adjourns this appeal to the March Zoning Board of Appeals meeting for further consideration . A vote on the motion resulted as follows: AYES - Stotz, Ellsworth , Krantz, Niefer, Sigel . NAYS - None. The motion was carried unanimously. Chairman Stotz adjourned the meeting at 8 : 11 p. m . . • kacol Deborah Kelley, Keyboard Specialist/Minute ecorder David J . totz, Ch Irma FINAL TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, MARCH 11, 1998 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 11 , 1998, 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 Yunis Realty, Inc., Appellant, Mary Jo Yunis, Agent, requesting variances from the requirements of Article VIII, Section 44 and 45 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a business/light industrial building with a front yard building setback of 65 + feet ( 150 feet required) and side yard building setbacks of 40 + feet (60 feet required), at 606 Elmira Road, Town of Ithaca Tax Parcel No. 33 -3-2. 1 , Light Industrial zone. Automobile parking spaces are also maintained in the required front yard, where parking is otherwise prohibited. APPEAL of Richard M. Newhart, Appellant, requesting variances from the requirements of Article V, Sections 21 and 23 of the Town of Ithaca Zoning Ordinance, to be permitted to create two building lots by subdivision, with each lot lacking the required lot width, at 171 and 173 East King Road, Town of Ithaca Tax Parcels No. 44-2-8. 1 , -8.2, Residence District R-30. The westerly proposed parcel will have a lot width at the street line and at the maximum front yard setback of 56.44 + feet ( 100 feet and 150 feet required respectively), while the easterly proposed parcel will have a lot width at the maximum front yard setback of 144 . 18 + feet ( 150 feet required). Additionally, an existing residence known as 173 East King Road will have, by the subdivision, a westerly side yard building setback of 31 .6 + feet (40 foot setback required). APPEAL of Ithaca College, Appellant, Robert J. O'Brien, Agent, requesting a special approval from the Zoning Board of Appeals under Article IV, Section 11 , Paragraph 3 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 3 0,23 8 + square foot fitness center on the Ithaca College Campus, at 953 Danby Road, Town of Ithaca Tax Parcel No. 41 - 1 -20.2, 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: March 4, 1998 Publish : March 6, 1998 • maintained in the required front yard, where parking is otherwise prohibited. APPEAL of Richard M. New- hart, Appellant, requesting variances from the requirements of Article V, i TOWN OF ITHACA Sections 21 and 23 of the ZONING BOARD Town of Ithaca Zoning Ordi- OF APPEALS NOTICE OF nonce, to be permitted to cre- PUBLIC HEARINGS ate two building lots by sub- WED., MARCH 11 , 1998 division , with each lot lacking 7:00 P.M. the required lot width, at 171 By direction of the Chairman and 173 East King Road, - ofthe Zoning Board of Ap- Town of Ithaca Tax Parcels peals NOTICE IS HEREBY No. 44-2-8 . 1 , -8 . 2, Resi- GIVEN that Public Hearings Bence District R-30. The west. will be held by the Zoning erly proposed parcel will Board of Appeals of the Town have a lot width at the street of Ithaca on Wednesday, line and at the maximum front March 11 , 1998 , in Townand setback of 56.44± feet Holl, 126 East Seneca Street, 1100 feet and 150 feet re- (FIRST Floor, REAR Entrance, quired respectively) , while WEST Side) , Ithaca, NY, the easterly proposed parcel COMMENCING AT .7:00 will have a lot width at the P.M. on the following matters: maximum front yard setback APPEAL of Yunis Realty, Inc. , of 144 . 18± feet ( 150 feet Appellant, Mary Jo Yunis, required) . Additionally, an Agent requesting variances existing residence known as from & requirements of Arti- 173 East King Road will cle VIII, Section 44 and 45 have, by the subdivision, a of the Town of Ithaca Zoning westerly side yard building Ordinance, to be permitted to setback of 31 .6± feet (40 • maintain a business/light foot setback Itharequired) .aC industrial building with a APPEAL of Ithaca College, � front yard building setback of Appellant, Robert J . O' Brien, 65± Feet ( 150 feet required) Agent, requesting a special and side yard building set- approval Tom the Zoning backs of 40± feet (60 feet Board of Appeals under Arti- required) , at 606 Elmira cle IV Section II, Paragraph Road, Town of Ithaca Tax Par- 3 of t{�e Town of Ithaca Zon- cel No. 33-3-2 . 1 , Light Indus ng Ordinance , to be Indus- trial zone. Automobile park- permitted to construct a ing spaces are also 30,238± square foot fitness center on the Ithaca College Campus , at 953 Danby Road, Town of Ithaca Tax Par- cel No . 41 - 1 .30. 2 , Resi- dence District R- 15 . Said Zoning Board of Ap- peals 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 appro- priate, will be provided with assistance, as necessary, upon request. Persons desir- ing 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 Morch 6, 1998 •