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Home My WebLink About273115-0011 �'" IIIIR 70I'A6I L97 I0"4 of ffKACA TOWN OF ITHACA ZONING BOARD OF APPEALS�1Qq— WEDNESDAY, APRIL 14.1999 0. i'o F614;rxd 7:00 P.M. APPEAL of Donn Carroll, Appellant, requesting a variance from the requirements of Article XIII, Section 65 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a fence with a height of 7 feet (6 feet maximum allowed) at a residential property located at 651 Five Mile Drive, Town of Ithaca Tax Parcel No. 31.2-25.2, Residence District R-30. APPEAL GRANTED ! APPEAL of Penn Traffic Company, Appellant, David Herrick, Agent, Cornell University, Owner, ( requesting a variance from the requirements of Article VII, Section 37 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge the. P&C supermarket, with an 18 foot rear yard building setback (30 foot setback required) at East Hill Plaza, 315 Pine Tree Road, Town of Ithaca Tax Parcel NO. 62-2-1.12 1, Business C Zone. APPEAL GRANTED } APPEAL of Sig -ling Chaloemtiarana, Appellant, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a house .;. with a front yard building setback of 17.5 s feet (25 feet required) at 881 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2.20.2, Residence District R-15. APPEAL GRANTED PP A of Ithaca College, Appellant, HOLT Architects, Douglas Look, Agent, requesting a special approval from the Zoning Board of Appeals under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a one story 1,820 square foot addition to the Roy H. Park School of Communications on the Ithaca College Campus, Town of Ithaca Tax Parcel No. 41-1-30.2, Residence District R-15. APPEAL GRANTED APPEAL of Ivar Jonson, DBA Summerhill Apartments, Appellant, Lawrence Fabbroni, Agent, requesting variances under Article VI, Section 28 and 29 of the Town of Ithaca Zoning Ordinance, to permit the construction of Phase II of the Summerhill Apartments, with proposed buildings to have 35 foot front yard building setbacks, 15 foot side yard setbacks, 25 foot rear yard setbacks, and 20 feet of separation between buildings. Said apartments are located at 1026 Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62-2-1.127, Multiple Residence District. APPEAL GRANTED • r ».� .w....w.n.....,....r..........-.w.�.r.w.ww,.......w..w,.,r+e..,o..,,u..•M+«raw.ara.e......«uw+a.....+.r...,.....w.., ,...«ea+�+y . . 20NM HOARD OF APPEALS PAGE a APRIL 14,1099 APPROVED -APPROVED -APPROVED -Jt. 6 F, JM _ APPROVED -APPROVED. APPROVED gaWLT Stotz asked If this new a variance or an extension of the previously approved variance.` Attorney Barney stated it Is a variance. It expires unless an application is made to extend it. Chairman Stolz stated mere were stipulations in the old motion. They should be included within this motion. Attorney Barney stated the variance does expire. It will be a new variance. I NOTION made by Ronald Krantz seconded by James Niefer. RESOLVED. that this board grant the appeal of Penn Traft Company, requesting a variance from the requirements of Article VII, Section 37 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge ft P&C supermarket with an 18 foot rear yard buNding setback (30 foot setback required) at i • East Hill Plaza, 315 Pine Tree Road, Town of Ithaca Tax Parcel No. 62-2-1.121, Business C Zone, with the findings of the 1996 variance as follows: 1. There is already an existing deficiency in the setback along the north. That the area surrounding this building Is basically commercial In nature, bounded on the north by a restaurant type facility, on the west across the road by essentially another shopping plaza r and bowling alley, and to the east the remainder of the shopping center that this building is in. 3. That there is no significant adverse change In the character of the neighborhood by the reason of this extension. 4. The benefit to the applicant of the increased Interior space outweighs any detriment to the surrounding neighborhood as the result of this expansion. A vote on the motion resulted as follows: AYES: Stott, Ellsworth, Krantz Niefer, Sigel. NAYS: None. ABSTENTION: None. The MOTION carried unaninmously, The third appeal to be heard was as follows: APPEAL of Sul -ling Chaloemtiarana, Appellant requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca toning Ordinance, to be permitted to maintain a house with a front yard building setback of 17.5 t feet (25 feet required) at 881 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2-20.2. Residence District R-15. i. Y .... w M+......,...w+....•...a.........,,:..-+.,.........wa...n.;.saw.....•..,«e...n..w,.:....ww.inr ve..s...,...,,..,..... ..... ,. ,.w...........,r t ... .__.. . t IB[R 70 ?Act lgg ZONING BOARD OF APPEALS PAGE 7 APRIL 14, 1999 APPROVED - APPROVED - APPROVED - JUNE 9. 1999 - APPROVED - APPROVED - APPROVED Thak Chaloemtiarana, 881 Taughannock Blvd., stated he is here to appeal a deficient front yard setback. The setback of the house is 17.3 feet and the requirement is 25 feet. This was discovered when they went to refinance their house. They have been living there for 5 years. The bank attorney discovered that they did not have the right setback. It was the first time they had heard that. They contacted the builder and he told them that a lot was survey initially. The building was not constructed immediately. During that period there was drunk driver who crashed into the culvert. He thinks the accident removed the pin. Then when the house was Constructed they did not know where the pin was. The lot line is very unusual. It falls past the cement culvert. The lot line was moved for access to the culvert. It was drawn differently th&n the rest. Chairman Stolz asked if they had the house built. Mr. Chaloemtiarana stated the house was built by an architect. They had a loan from the bank and they would release money as the house was being built. Mr. Frost stated the building permit issued shows it as 25 foot setback. Attorney Barney asked if there was a requirement that a Surrey be obtained after the foundation was placed on the lot. Mr. Chaloemtiarana stated he assumed so, but he is not sure. a Mr. Niefer asked if the building department checks the measurements. Mr. Frost stated the last time they did that they were measuring .on stakes that were misplaced. That caused them to come to the board 4 or 5 times. They avoid taking measurements because they cannot rely on the stakes and pins. Town representatives were out during construction. They have authorization from the Town Board to require surveys when they deem appropriate. He does not know if they had the authorization at that time. There is a slope that minimizes the impact. Chairman Stotz stated ° there is a concrete retaining wall and then very steep slope that Intersects with the driveway. Chairman Stolz opened the public hearing at 7:41 p.m., and asked if any members of the public wished to be heard. With no persons present to be hear, Chairman Stolz closed the public hearing at 7:42 p.m. It�OTtON made by Kirk Sigel, seconded by Ronald Krantz RESOLVED. that this board grant the appeal of SuNing Chabemflarana, requesting a variance from the requirements of ARk/e IV, Section 14 of the Town of Ithaca Zoning Ordinance to be permitted to maintain a house with a front yard building setback of not less than 17 feet (25 feet required) at 881 Taughannock Boulevard, Town of Ithaca Tan Parcel No. 25 2.20..2 Residence DI&W R-15. On the finding that the detriment to me applicant Ibr not granting the out ways the possible detriment to the . neighborhood character. m y :. is ZONING BOARD OF APPEALS PAGE s APRIL t4, i999 APPROVED —APPROVED —APPROVED — jLWE 9, f999 —APPROVED—APPROVED • APPROVED A Vote on the motion resulted as follows: AYES: Stolz, Ellsworth, Krantz, Nie/er, Sigel. NAYS: None. ABSTENTION.None. The MOTION carried unanimousty. The fourth appeal to be heard was as follows: PEAL of Ithaca College, Appellant, HOLT Architects, Douglas Look, Agent, requesting a special approval from the Zoning Board of Appeals under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a one story 1,820 square foot addition to the Roy H. Park Residence District R-1S. `School of Communications on the Ithaca College Campus, Town of Ithaca Tax Parcel No. 41-1-30.2, Robert O'Brien, Ithaca College, stated the purpose of the addition is to provide larger space a for an existing area in the building where electronic equipment is dispensed. The design of the addition is in keeping with the existing building. It has the same materials and is one story. Chairman Stolz stated it is a storage facility for equipment and will be a check out point for equipment. Mr. O'Brien stated there is an area for it now. It has become too small and more space Is needed. Chairman Stolz asked If there will be outside entranceways to the addition. Mr. O'Brien stated there is an existing entrance to the building that is adjacent to it. Mr. Frost stated this has received Planning Board approval Chairman Stolz stated the application states that parking facilities are more than a Will staff be Increased? adequate. Mr. O'Brien stated there is not an Increase in staff or students. It is an Increase In space for equipment, Mr. Krantz asked M this addition without an outside door poses a safety hazard. Mr. O'Brien replled no. Chairman Stolz asked If the addition will have sprinklers. r Reco'cA on the '......f... 19..7..1„ !at..... o'do- ..M., in Libor .........,(.b�.... of , .......... � ! of Pope ....... i...... ............ and exam! 1 ( f I�t4 a � . e . 4 a ..:,.www+W�a;:.a�lr..wn.»..sa.r:vw.�•...®..i....:...w,.,a«..«,..•...�,..n»s«•:..o�...�.,[wu.n....WAr..►�w.,,w.a,.rrw+arsataq�►.�j�rw�w+�.:.:. �.+.a'.x a-«....:..: :-wwe-. • • • 0