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HomeMy WebLinkAboutZBA Minutes 1998-03-11 TOWN OF ITHACA • ZONING BOARD OF APPEALS WEDNESDAY, MARCH 11 , 1998 The following appeals were heard by the board 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 +/= 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. GRANTED 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 Parcel 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 feet required ). GRANTED 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 30, 238 +/= square foot fitness center on the Ithaca College Campus, at 953 Danby Road, Town of Ithaca Tax Parcel No. 41 =1 -30 . 2, Residence District R-15. WITHDREW • • TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY, MARCH 11 , 1998 PRESENT : Chairman David Stotz, Vice Chairman Harry Ellsworth , Ronald Krantz, James Niefer, Kirk Sigel , Andrew Frost, Director of Building and Zoning ; John Barney, Attorney for the Town ; George Frantz, Assistant Town Planner, OTHERS : Mary Jo Yunis , Barbara Yunis , Dan Mitchell , Paul Wagner, Martin Newhart. Chairman David Stotz called the meeting to order at 7 : 04 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 Yunis Realty, Inc. , Appellant, Mary Jo Yunis, Agent, requesting variances from the requirements of Article Vlll, 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. Barbara Yunis , Yunis Realty, 214 East Church Street, Elmira, said they are here to tonight to receive a variance for the business front yard building setback and the side yard setback. The Zoning Board of Appeals was supplied with a current survey map that indicates that they need variance for a front yard setback of approximately 65 feet and a side yard setback of approximately 46 . 1 feet. Chairman Stotz asked Ms . Yunis when the current survey was done . Ms . Yunis said the current survey was done February 13 , 1998 . Harry Ellsworth said the Planning Board has approved the site. The Zoning Board of Appeals had questions from the previous meeting , and he has looked into those concerns further by visiting this property in regards to the road . Mr. Ellsworth asked if that means the questions are thrown out since the site was approved by the Planning Board . Assistant Town Planner George Frantz said the Planning Board' s approval was contingent upon the granting of the variances by the Zoning Board of Appeals . One of the conditions that the Planning Board made as part of the approval was the approval by the Zoning Board of Appeals of any required variances . • Mr. Ellsworth said the next road down right up to this property was knocked down to one lane going south . TOWN OF ITHACA ZONING BOARD OF APPEALS MARCH 11 , 1998 PAGE 2 APPROVED - MAY 18. 1998 • Assistant Town Planner Frantz said the Planning Staff studied that issue carefully regarding this project in regards to potential traffic impacts and potential safety impacts to the fact that Route 13 to the south of this property reduces from four lanes to two lanes . The Planning Staff does not feel that is a problem from the stand point of safety . One of things that the Planning Staff felt as part of the changes in traffic along Route 13 are satisfactory. The Planning Staff recommendation of this project are that there are no problems . Chairman Stotz said the Planning Board already reviewed the Environmental Assessment for this project. Mr. Ellsworth asked if the dimension of this appeal match with the current survey. Director of Building and Zoning Andrew Frost responded , yes, that is why this appeal was adjourned from the last meeting because the survey would verify the dimensions that they gave us. Chairman Stotz said he agrees with Mr. Ellsworth' s opinion of the road . He would be somewhat remiss if he did not address this issue in some way. It has a potential for being a very hazardous spot for people exiting the parking lot onto Route 13 . That is precisely the place where people race for the single lane from the four lane highway to the two lane highway. He is concerned that people would be zipping along that area and being careful of who would be exiting from the side driveway. That could be a potential for a serious • accident at that location . Ms . Yunis said they looked into that concern that Mr. Frantz addressed , and he studied the traffic count. It was looked at seriously by Mr. Frantz, and he found that it was not an issue . Secondly, when the State did the reconstruction they took those under consideration . Thirdly, someone from their office contacted the police department on accident reports , and they are not hearing that it does not seem to be problem . She thinks it is safer since the light has been installed because people need to stop then speed up . It has been addressed , and looked at by the Planning Board and different organizations . Mr. Ellsworth said if he was sitting on Five Mile Drive at the light, and he does a right on red . He pulls out and someone is racing to either into the same lane he is trying to pull out into slow down to go in there or to come out of there . Director of Building and Zoning Frost stated that the Zoning Board of Appeals needs to realize that was part of the site plan approval . Assistant Town Planner Frantz stated that issue was addressed by the Town Planning Staff and the Town Engineering Staff regarding issues such as the site distance north beyond the intersection before the traffic light. The fact that there is a light there now it does at least stop and pause traffic, and that never happened before the light. The Planning Staff looked at the history of this particular location . • Mr. Ellsworth said he does not care about the past, there are new circumstances now. TOWN OF ITHACA ZONING BOARD OF APPEALS MARCH 11 , 1998 PAGE 3 APPROVED = MAY 18, 1998 • Assistant Town Planner Frantz said another factor is that the Town was relying on the State Engineers who felt if this particular driveway was a problem they would have addressed it earlier. The Planning Staff is confident that the granting of a variance for this particular building would not have any adverse impacts on the traffic patterns in the area. We will not be creating a safety problem here. This particular use that the Planning Board has granted site plan approval for is actually very low intensity use from a traffic stand point much less so than the former original Millbrook Bread Store and the Carpet and Floor Tile establishment that was operating at this location previously. Ronald Krantz said the setbacks are of trivial matters , and certainly expectable. Parking in front of the building is acceptable also . He thinks there is a safety hazard there , and he does not think the light particularly helps. That could be more of creating a problem because people have the intensity to speed up to get by the light right at that point when it is turning red . Mr. Krantz asked if it would be possible to exit the Mancini Drive, Assistant Town Planner Frantz said that they actually looked at that option . The thing about using Mancini Drive as the sole entrance to the site it adds a little distance, but a lot of distance between a car pulling out and the intersection to the north with Route 13A. Unfortunately it decreases the site distance to the south . One of the things that struck the Planning Staff about this driveway was that the fact it gives the people pulling out especially for the people turning north onto Route 131 it gives them approximately 100 feet more of site distance . They may gain a little bit of site distance one way, but they would be loosing it the • other way. Chairman Stotz asked Ms . Yunis could install a stop sign at the driveway pulling out onto Route 13 . Ms . Yunis asked if that is a suggestion or requirement. They are not trying to make things difficult here . Chairman Stotz said the Zoning Board of Appeals are not trying to make things difficult either, but the issue he hears from some members of the Zoning Board of Appeals, is the fact that because the first driveway after the road throttles down there could be an accident is people are not careful . He realizes there are other driveways along that roadway do not have stop signs, but he thinks in this case because they are first driveway after the four lane to the two lanes on the highway there might be to some degree to that. It will alert people to the fact that they should be cautious . Mary Jo Yunis , Yunis Realty, asked Chairman Stotz what a stop sign would accomplish in terms of when people are coming out of the driveway. Ms . Yunis said a reckless driver would be a reckless driver and will drive through . Any purdent driver will stop and will proceed as per they are suppose to . • Kirk Sigel said if the stop sign is not carefully placed it could also be a hindrance because it could block some of the driver' s visions . • TOWN OF ITHACA ZONING BOARD OF APPEALS MARCH 11 , 1998 PAGE 4 APPROVED - MAY 18, 1998 Ms . Yunis said the driveway actually adds visibility because people would be able to • see traffic coming to the south on Route 13 better. She is a little curious as to what a stop sign would accomplish . She thinks the stop sign may end up blocking some visibility. Attorney Barney said it is a matter of law. Anyone exiting a driveway is obliged to give way to any traffic that is on the highway. Chairman Stotz said he does not disagree with that at all . It is just that people always want to try and be the first one out to the single lane. Ms . Yunis said the car that would be exiting the site sees two cars racing to the single lane would see them and not exit in front of those cars. There will be minimal retail use at this site . James Niefer said the previous usage of the property was retail commercial , and that generated a significant amount of traffic in and out of the site for both the bread store and the carpet store. He does not see where a microbrewery is going to generate any more traffic than previously existed . As far as increasing the hazard by use of it by a microbrewery he does not see a hazard to the motoring public and users of the premises will significantly increase one way or another. Chairman Stotz opened the public hearing , and asked if anyone from the public • wished to be heard . With no one present wishing to be heard , Chairman Stotz closed the public hearing . MOTION made by James Niefer, seconded by Kirk Sigel : RESOLVED, that the board grant the variance be requested from Yunis Realty at 606 Elmira Road , Town of Ithaca Tax Parcel No . 33-3-2 . 1 , Light Industrial Zone, that the granting of this variance for this property will not effect the neighborhood of more adversely than the denial of the variance would effect the property, and that there is no indication that the granting of the variance up to 64 foot setback as opposed to the required 150 feet would cause a significant change in the character of the neighborhood , and this variance would meet the requirements of Section 267-B of the Town Law. The granting of the variance includes the side yard not to be less than 45 feet on the west side and not to be less than 50 feet on the east side of the property, and the right to park in the front yard . A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer, Sigel . NAYS - None . The motion was declared to be carried unanimously . • The second appeal to be heard by the board was as follows: TOWN OF ITHACA ZONING BOARD OF APPEALS MARCH 11 , 1998 PAGE 5 APPROVED - MAY 18. 1998 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 Parcel No. 44-2-8. 1 , -8.21 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 feet required ). Marty Newhart, 171 East King Road , said he is requesting the variances to mainly clean up a right-of-way that was given to him by his father. His house sets in back of 173 East King Road , and the driveway was a right-of-way for the past 25 years. That has caused a few problems for him since the house has been on the market. He is combining the back parcel lot with his lot including the driveway which was a 50 foot easement. Mr. Newhart said that leaves him to ask the Zoning Board of Appeals to ask for a variance on the lot width . Mr. Krantz asked Mr. Newhart how this would effect the other house as far as road frontage and driveway entrance . • Mr. Newhart said there are two separate driveways . His driveway crossed over 173 East King Road' s yard . Chairman Stotz asked Mr. Newhart if his house is landlocked . Mr. Newhart responded , yes . Mr. Niefer asked Mr. Newhart if he has an easement of 50 feet wide right-of-way that would be deeded to him . Mr. Newhart responded , yes . Mr. Niefer asked what would be the egress and ingress of the remaining lands of Anne Newhart in the rear. Mr. Newhart said he would be purchasing the remaining lands of Anne Newhart along with the 50 foot easement right-of-way. It would be all one parcel , and then one smaller parcel will go with the other house that fronts on East King Road . Attorney Barney said after all this is done the lot in the fronting on East King Road will be a separate discrete lot from the back lot. • Chairman Stotz asked if the mast of the flag will be deeded over to Mr. Newhart. TOWN OF ITHACA ZONING BOARD OF APPEALS MARCH 11 , 1998 PAGE 6 APPROVED - MAY 18. 1998 Assistant Town Planner Frantz responded , yes . • Chairman Stotz asked if the house in the front is for sale now. Mr. Newhart responded , yes . Chairman Stotz said his understanding was that the old right-of-way would disappear and would become part of Mr. Newhart' s parcel . Attorney Barney said that is correct. Assistant Town Planner Frantz said the Planning Board conditioned the subdivision on besides from the granting of the variances , that this parcel be consolidated with Mr. Newhart' s parcel at 171 East King Road to become one entire parcel . Chairman Stotz said the Zoning Board of Appeals was supplied with an adopted resolution from the Planning Board explaining the conveyance of the remaining lands of Anne Newhart as a condition . Mr. Ellsworth asked if there is a safer number for the maximum front yard setback. Director of Building and Zoning Frost responded , 50 feet. • Chairman Stotz opened the public hearing , and asked if anyone from t 9 y he public wished to be heard . With no one present wishing to be heard , Chairman Stotz closed the public hearing . MOTION made by Harry Ellsworth , seconded by James Niefer: RESOLVED, that this board grant the appeal of Richard Newhart at 171 East King Road , requesting a variance from the requirements of Article V, Sections 21 and 23 of the Town of Ithaca Zoning Ordinance that he be permitted to create two building lots at 171 and 173 East King Road , Town of Ithaca Tax Parcel Nos . 44-2-8. 1 and -8 . 2 . The westerly proposed parcel will have a lot wide at the street of a maximum front yard setback of 50 feet where as 100 and 150 feet are required , and the easterly parcel will have a lot width at the street of a maximum front yard setback of 130 feet where as 150 feet is required . In addition the existing residence at 173 East King Road shall not be less than 128 feet measured perpendicular from the side line or not less than 140 feet measured parallel to the road line. The maximum width measured paralleled to the road shall not be less than 56 . 4 feet or not less than 50 feet measured perpendicular from the side line. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer, Sigel . . NAYS - None . • TOWN OF ITHACA ZONING BOARD OF APPEALS MARCH 11 , 1998 PAGE 7 APPROVED - MAY 18. 1998 The motion was declared to be carried unanimously. • The last appeal to be heard b the board was as follows : PP y 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 30, 238 +/m square foot fitness center on the Ithaca College Campus, at 953 Danby Road, Town of Ithaca Tax Parcel No. 41 -1 -30. 2, Residence District R-15. Director of Building and Zoning Frost said the above appeal was withdrawn from consideration tonight. Chairman Stotz closed the meeting at 7 : 41 p. m . Deborah Ann Kelley, Deputy Town 990JMinutes Recorder • David J . Stotz, Chairma •