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HomeMy WebLinkAboutZBA Minutes 1999-09-08 I F®WEif OF 1 TOWN OF ITHACA ZONING BOARD OF APPEALS Ua4v • WEDNESDAY, SEPTERMBER 8. 1999 -= aLAO &CA 7 : 00 P. M . - -- -- APPEAL of Carolyn Klass , Appellant , requesting a variance from the requirements of Article V , Section 21 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain an existing single= family residence with a rear yard setback of 45 ± feet (50 feet required ) at 104 Compton Road , Town of Ithaca Tax Parcel NO . 36=2-7 , Residence District R-30 . Said appeal also involves the replacement and enlargement of a second deck with a rear yard setback of 49 feet . APPEAL GRANTED APPEAL of Cayuga Medical Center at Ithaca , Owner/Appellant , HOLT Architects , Agent , requesting a special approval from the Zoning Board of Appeals under Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to extend an existing hospital structure at 101 Harris B . Dates Drive , Town of Ithaca Tax Parcel No . 24=3-2 . 1 , Residence District R-30 . Said extension is to be a canopy over the ambulance emergency room entry. APPEAL GRANTED ADJOURNED APPEAL of Theodor Spitsburg , Appellant , requesting a variance from the requirements of Article IV , Section 11 of the Town of Ithaca Zoning Ordinance , to be permitted to •construct a new single-family residence with a height of 39± feet (36 foot limit) at 3 Perry Lane , Town of Ithaca Tax Parcel No . 27= 1 -35 . 11 , Residence District R- 15 . APPEAL GRANTED TOWN OF ITHACA TOWN OF ITHACA ZONING BOARD OF APPEALS i5a":a �q, • WEDNESDAY, SEPTEMBER 8, 1999 . 0 7 :00 P . M . PRESENT: Harry Ellsworth , Vice Chairperson ; Ronald Krantz, Board Member; James Niefer, Board Member; Kirk Sigel , Board Member; Andrew Frost , Director Building/Zoning ; John Barney, Attorney for the Town (7 : 12 p. m . ) ; Mike Smith , Planner. EXCUSED : David Stotz, Chairperson . OTHERS : Grace Chiang , HOLT & C Architects ; Barry Blust , Audrey Edelman & Associates ; Theodor Spitsburg , 3 Perry Lane; Carolyn Klass , 36 Comfort Road . Vice Chairperson Ellsworth led the meeting to order at 7: 05 p . m . , stating that all posting , publication , and notifications of the public hearings had been completed . The first appeal to be heard was as follows : APPEAL of Carolyn Klass , Appellant, requesting a variance from the requirements of Article V, Section 21 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing single-family residence with a rear yard setback of 45 ± feet (50 feet required) at 104 Compton Road , Town of Ithaca Tax Parcel No . 36-2-7, Residence District R-30. Said Appeal also involves the replacement and enlargement of a second deck with a rear yard setback of 49 feet . • Carolyn Klass , 36 Comfort Road , stated that she purchased a house at 104 Compton Road in June 1999 . She purchased it without realizing that a porch encroached five feet into the setback. This was not identified at that time of purchase . Ms . Klass stated that she did not know of the problem until recently. It would be inconvenient and expensive to demolish it . Vice Chairperson Ellsworth asked if Ms . Klass felt that she had a financial hardship . Ms . Klass responded yes . She stated that there is another existing porch to the back entry of the house . It is currently 5x6 feet . Ms . Klass would like to increase the dimensions to 8x8 feet . Mr. Krantz asked that if the second deck had a 50 foot setback would this appeal be before the board . Andrew Frost , Director Building/Zoning responded no. If the second deck were 50 foot , the other deck would still need to be addressed . Mr. Sigel stated that the board often grants a variance for a specific protrusion into the site. Attorney Barney stated that both decks would need to be addressed . Mr. Frost asked if they would need a variance for a third deck if the encroachment was 45 feet or less . • Attorney Barney responded no . ZONING BOARD OF APPEALS PAGE 2 SEPTEMBER 8, 1999 • APPROVED - APPROVED - APPROVED - OCTOBER 13, 1999 - APPROVED - APPROVED - APPROVED Vice Chairperson Ellsworth opened the public hearing at 7 : 14 p . m . , and asked if any members of the public wished to be heard . With no persons present to be heard , Vice Chairperson Ellsworth closed the public hearing at 7: 15 p . m . Vice Chairperson Ellsworth stated that this appeal does not have an environmental assessment . MOTION made by Ronald Krantz, seconded by Kirk Sigel. RESOLVED, that this board grant the appeal of Carolyn Klass, requesting a variance from the requirements of Article V, Section 21 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing single-family residence with a rear yard setback of no less than 44 feet (50 feet required) and the replacement and enlargement of a second deck to the west with a rear yard setback of no less than 48 feet at 104 Compton Road, Town of Ithaca Tax Parcel No. 36-2- 7, Residence District R-30. A vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Sigel. NAYS: None. ABSENT.• Stotz • The MOTION was declared to be carried. The second appeal to be heard was as follows : APPEAL of Cayuga Medical Center at Ithaca, Owner/Applicant , HOLT Architects , Agent, requesting a special approval from the Zoning Board of Appeals under Article V , Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to extend and existing hospital structure at 101 Harris B . Dates Drive , Town of Ithaca Tax Parcel No . 24-3-2 . 1 , Residence District R-30. Said extension is to be a canopy over the ambulance emergency room entry. Grace Chiang , HOLT & C Architects , stated that the canopy would be facing Route 96. It will cover the ambulance entrance to the Emergency Room . It will be a one-part canopy with concrete columns and metal fagade. Vice Chairperson Ellsworth asked if the canopy would have a logo sign . Ms . Chiang stated that there might be a sign indicating the emergency exit . Mr. Krantz asked if there will be room to drive around the canopy. Ms . Chiang stated that the canopy does not extend beyond the existing sidewalk. The parking and driveway will not change . The canopy will only cover the area where the ambulances park. Mr. Krantz stated that there is a need for the canopy. • ZONING BOARD OF APPEALS PAGE 3 SEPTEMBER 8 , 1999 • APPROVED - APPROVED - APPROVED - OCTOBER 13, 1999 - APPROVED - APPROVED - APPROVED Vice Chairperson Ellsworth opened the public hearing at 7 :22 p . m . , and asked if any members of the public wished to be heard . With no persons present to be heard , Vice Chairperson Ellsworth closed the public hearing at 7: 23 p . m . ENVIRONMENTAL ASSESSMENT. Mike Smith , Planner, stated that there are no significant environmental impacts anticipated . Mr. Krantz stated that the condominiums in Florida have many rules . One of the rules is that the exhaust of the car cannot face the building due to fumes . Will the ambulances still be running while they are sitting under the canopy? Ms . Chiang responded that the canopy is open on 3 sides . There is a small shield on the north side to prevent driving rain and snow. Mr. Frost asked what would happen to the use of the doorway during construction . Where will the ambulances go? Ms . Chiang stated that the construction would be done in two phases . There will be one bay open at a time . • MOTION made by Kirk Sigel, seconded by Ronald Krantz. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Cayuga Medical Center, requesting a special approval from the Zoning Board of Appeals under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to extend and existing hospital structure at 101 Harris B. Dates Drive, Town of Ithaca Tax Parcel No. 24-3-2. 1 , Residence District R-30. Said extension is to be a canopy over the ambulance emergency room entry. A vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Sigel. NAYS: None. ABSENT: Stotz. The MOTION was declared to be carried. MOTION made by Kirk Sigel, seconded by Ronald Krantz RESOLVED, that this board grant the appeal of Cayuga Medical Center, requesting special approval from the Zoning Board of Appeals under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to extend and existing hospital structure at 101 Harris B. Dates Drive, Town of Ithaca Tax Parcel No. 24-3-2. 1, Residence District R-30. Said extension is to be a canopy over the ambulance emergency room entry and the construction is in accordance with the plans submitted. • ZONING BOARD OF APPEALS PAGE 4 SEPTEMBER 8, 1999 • APPROVED - APPROVED - APPROVED - OCTOBER 13, 1999 - APPROVED - APPROVED - APPROVED A vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Sigel. NAYS: None. ABSENT: Stotz. The MOTION was declared to be carried. The third appeal to be heard was as follows : ADJOURNED APPEAL of Theodor Spitsburg , Appellant, requesting a variance from the requirements of Article IV , Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a new single- family residence with a height of 39 ± feet (36 foot limit) at 3 Perry Lane, Town of Ithaca Tax Parcel No . 27- 1 -35 . 11 , Residence District R- 15 . Barry Blust , Audrey Edleman & Associates , stated that an exterior door out of the basement accomplishes the elevation of 39 feet . It lowers the ground level by 8 feet to accommodate the door. Mr. Frost stated that the plans are correct, but the headings on the left-hand side of the paper are backwards . Everything else seems to be in proper order. • Mr. Blust stated that Mr. Spitsburg did a mirror image of the drawings . This created the writing on the drawing to be backwards . He rewrote the writing for the elevations . Mr. Frost stated that at the last meeting there was a question of copyright. He has received a letter from the producer of the plans indicting no copyright problem . There is still a problem with the window schedule , but that does not impact the variance . Mr. Blust stated that the egress in the basement is not designed to be an access to an apartment . It is an egress to allow the homeowner to store tools or has access to the backyard . ENVIRONMENTAL ASSESSMENT: Mr. Smith stated that there are no significant environmental impacts anticipated . It is in an open field with a gentle slope. Mr. Frost stated that the elevation sketch that the board received is a reverse image of the building plans . The intent is to build per the drawing given to the board at this meeting . Mr. Blust stated the interior design would remain the same. The garage is located on the other end of the house . MOTION made by Kirk Sigel, seconded by Ronald Krantz • RESOLVED, that this board makes a negative determination of environmental significance in the matter of Theodor Spitsburg, requesting a variance from the requirements of Article IV, Section 11of the Town of ZONING BOARD OF APPEALS PAGE 5 SEPTEMBER 8 , 1999 APPROVED - APPROVED - APPROVED - OCTOBER 13, 1999 - APPROVED - APPROVED - APPROVED Ithaca Zoning Ordinance, to be permitted to construct a new single-family residence with a height of 39 + feet (36 foot limit) at 3 Perry Lane, Town of Ithaca Tax Parcel No. 27- 1 -35. 11 , Residence District R- 15. A vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Sigel, NAYS: None. ABSENT: Stotz. The MOTION was declared to be carried. MOTION made by Kirk Sigel, seconded by Ronald Krantz RESOLVED, that this board grant the appeal of Theodor Spitsburg, requesting a variance from the requirements of Article IV, Section 11of the Town of Ithaca Zoning Ordinance, to be permitted to construct a new single-family residence with a height of 39 t feet (36 foot limit) at 3 Perry Lane, Town of Ithaca Tax Parcel No. 27- 1 -35. 11 , Residence District R- 15. Conditioned upon the construction being in accordance to the plans submitted to the Zoning Board of Appeals with the left edge being mirrored and rest of the image being properly oriented. A vote on the MOTION resulted as follows: *AYES: Ellsworth, Krantz, Niefer, Sigel. NAYS: None, ABSENT: Stott The MOTION was declared to be carried. Vice Chairperson Ellsworth adjourned the meeting at 7 : 40 p . m . (11AM Carrie L . Coates , Minutes Secretary. ' &Ullf WTAWN ar I Ells o , Vice ha rperson . • TOWN OF ITHACA ZONING BOARD OF .-APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY. SEPTEMBER 8. 1999 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, September 8 , 1999, 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 Carolyn Klass, Appellant, requesting a variance from the requirements of Article V, Section 21 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing single-family residence with a rear yard setback of 45 + feet (50 feet required) at 104 Compton Road, Town of Ithaca Tax Parcel No. 36-24, Residence District R-30 . Said appeal also involves the replacement and enlargement of a second deck with a rear yard setback of 49 feet. • APPEAL of Cayuga Medical Center at Ithaca, Owner/Appellant, HOLT Architects, Agent, requesting a special approval from the Zoning Board of Appeals under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to extend an existing hospital structure at 101 Harris B . Dates Drive, Town of Ithaca Tax Parcel No. 24-3 - 2 . 1 , Residence District R-30. Said extension is to be a canopy over the ambulance emergency room entry. 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: August 31 , 1999 Published: September 3 , 1999 • 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 Wednesdav, September 8. 1999, 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: August 31 , 1999 Date of publication: September 3, 1999 . ' Q Dani L. Holford, Building and Zoning D artment Secretary, Town of Ithaca STATE OF NEW YORK ) SS. : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 3rd day of September, 1999. D &ak". - Notary Public -DEBORAH KELLEY Notary Public, State of New York No. 01 KE6025073 Ouallfled in Schuyler Cou Commission Expires May 17, 220'.01 •