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HomeMy WebLinkAboutZBA Minutes 2001-07-16 FILE pATrF c� TOWN OF ITHACA ZONING BOARD OF APPEALS 0 MONDAY, JULY 16 , 2001 7 : 00 P. M . APPEAL of Angela Oxford , Appellant , Dan Signore , Agent , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge a non -conforming building/use at 1427 Slaterville Road , Town of Ithaca Tax Parcel No . 58- 1 -23 , Residence District R- 15 . Said enlargement consists of a 273 square foot room addition to an existing two-family home on a building lot less than the required 15 , 000 square feet and with an 11 . 9 ' side yard building setback , whereas 15 ' setback is required . APPEAL GRANTED APPEAL of William lesser, Appellant , requesting a variance from the requirements of Article IV , Section 13 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a detached garage with a building height of 18 ' 10" ( 15 ' height limitation ) , at 406 Coddington Road , Town of Ithaca Tax Parcel No . 42 - 1 - 12 . 2 , Residence District R- 15 . A variance from Article IV , Section 14 may also be required , to have the garage 21 ' from a rear property line , with said garage having a second floor loft area . APPEAL GRANTED APPEAL of David L . Romm , appellant , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 , to be permitted to add additional space on the second floor of an existing non -conforming residential building , located at 1006 East Shore Drive , Town of Ithaca Tax Parcel No . 19-2-25 , Residence District R- 15 . Said building , among other items , has a 10' north side building setback ( 15 ' required ) and extends beyond the rear property line along the east shore of Cayuga Lake . APPEAL GRANTED APPEAL of Donna Duffy, Appellant , requesting a variance from Article V , Section 19 of the Town of Ithaca Zoning Ordinance , to be permitted to conduct a riding academy and a facility to board and train horses at 340 Warren Road , Town of Ithaca Tax Parcel No , 68- 1 -2 , Residence District R-30 . Said facility was granted a time- limited 7-year variance on February 9 , 1994 , APPEAL GRANTED ®ArL TOWN OF ITHACA ZONING BOARD OF APPEALS > � .� r� MONDAY, JULY 169 2001 7 : 00 PM PRESENT : Harry Ellsworth , Vice Chairperson ; David Stotz , Board Member; Ronald Krantz , Board Member; James Niefer, Board Member; Andrew Frost , Director of Building/Zoning ; John Barney , Attorney for the Town (7 : 18 p . m . ) ; Mike Smith , Environmental Planner. EXCUSED : Kirk Sigel , Chairperson . ALSO PRESENT : Donna Duffy, 340 Warren Road ; Angela Oxford , 1427 Slaterville Road ; David Romm , 1006 East Shore Drive ; Dan Signore , 153 White Church Road ; Joann Cornish , 124 Poole Road ; Jean & John Anderson , 110 Roat Street ; Bill Lesser, 406 Coddington Road , Vice Chairperson Ellsworth called the meeting to order at 7 : 04 p . m . The first appeal to be heard was as follows : APPEAL of Angela Oxford , Appellant , Dan Signore , Agent, requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge a non -conforming building/use at 1427 Slaterville Road , Town of Ithaca Tax Parcel No , 58- 1 -23 , Residence District R- 15 . Said enlargement consists of a 273 square foot room addition to an existing two-family home on a building lot less than the required 15 , 000 square feet and with an 11 . 9 ' side yard building setback , whereas 15 ' setback is required . Joann Cornish , 124 Poole Road - The appeal is for an addition to a house that is non -conforming . It has a non -conforming side yard setback . The house was non -conforming when the owner purchased the property . The applicant is asking for an addition of approximately 15 feet 6 inches by 17 feet 8 inches . The purpose of the addition is to create an apartment for Ms . Oxford 's aging parents . Ms . Oxford currently owns and operates Angelina Centinni ' s Restaurant on Coddington Road . Her father, Joe Centinni , is living in Cortland with his wife . They are aging . They need to move closer and Ms . Oxford needs to have them closer. Ms . Oxford ' s husband has MS . He is home during the day . She travels back and forth from the restaurant to her home . She also is going back and forth to Cortland . Her father is traveling from Cortland to Ithaca because he does help run the restaurant . It would be much easier if her whole family lived in Ithaca . Ms . Oxford bought the house with the intention of having her parents live in the house with her. She did not realize the addition would cause an appeal . The addition will not increase the deficiency. Mr. Frost - Is this home an existing two-family home ? Ms . Cornish - It is an existing two-family home . Mr. Frost - Is the entrance to the apartment in the back of the house ? APPROVED - APPROVED - APPROVED - AUGUST 20, 2001 - APPROVED - APPROVED - APPROVED Ms . Cornish - The entrance is at the rear of the house . The side yard that has the deficiency is heavily vegetated . The neighboring property cannot be seen . The addition is not on the side of the house with the deficiency. It is on the rear of the house . Mr. Krantz - Has there been any objections from the neighbors ? Ms . Cornish - No . Mr. Frost - There is a large vacant parcel on the east side of the house . Mr. Stotz - Will the addition be finished in the same way as the rest of the house? Ms . Cornish - Yes . Dan Signore , 153 White Church Road - The siding will match the existing . It is cedar, tongue and groove . Mechanicals will not be involved . The addition will have a ventless fireplace for heat . There will be minor modification of the plumbing . Mr. Stotz - Is the addition going to be a bedroom ? Mr. Signore - It will be a family room . There is an existing bedroom in the apartment . The bedroom will be partitioned off are re-worked . Mr. Stotz - Will there be a separate kitchen ? Mr. Signore - Yes . There is an existing kitchen . The rooms will be re-worked . Vice Chairperson Ellsworth opened the public hearing at 7 : 11 p . m . With no persons present to be heard , Vice Chairperson Ellsworth closed the public hearing at 7 : 12 p . m . ENVIRONMENTAL ASSESSMENT : RESOLUTION NO. 2001 -49 - ENVIRONMENTAL ASSESSMENT - Angela Oxford 1427 Slaterville Road, Tax Parcel No. 58. 4 -23, July 16, 2001 . MOTION made by David Stotz, seconded by James Niefer. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Angela Oxford, requesting authorization from the Zoning Board of Appeals under Article Xll, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a non-conforming building/use at 1427 Slaterville Road, Town of Ithaca Tax Parcel No. 58. 4 -23, Residence District R- 15, based upon the findings in the environmental review completed by Town Planning Staff. The vote on the motion resulted as follows: AYES: Ellsworth, Stotz, Krantz, Niefer, 2 APPROVED - APPROVED - APPROVED - AUGUST 20, 2001 - APPROVED - APPROVED - APPROVED NAYS: None. The motion was declared to be carried unanimously. Mr. Frost - Is the square footage of the apartment less than half the square footage of the main unit? Ms . Cornish - Yes . RESOLUTION NO. 2001 -50 - Angela Oxford, 1427 Slaterville Road, Tax Parcel No. 58. 4 -23, July 16, 2001 . MOTION made by David Stotz, seconded by Ronald Krantz. RESOLVED, that this board grants the appeal of Angela Oxford, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a non-conforming building/use at 1427 Slaterville Road, Town of Ithaca Tax Parcel No. 58, - 1 -23, Residence District R- 15 based upon the following findings and conditions: Findings: a . The addition is to accommodate elderly relatives and will be used solely for that purpose; and b. There is a considerable amount of open space behind the addition and the adjoining property line; and C, The property is buffered by vegetation. Condition: a . The addition be no more than 280 square feet. The vote on the motion resulted as follows: AYES: Ellsworth, Stotz, Krantz, Niefer. NAYS: None. The motion was declared to be carried unanimously. The second appeal to be heard was as follows : APPEAL of William lesser, Appellant , requesting a variance from the requirements of Article IV , Section 13 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a detached garage with a building height of 18 ' 10" ( 15 ' height limitation ) , at 406 Coddington Road , Town of Ithaca Tax Parcel No . 42 - 1 - 12 . 2 , Residence District R- 15 . A variance from Article IV , Section 14 may also be required , to have the garage 21 ' from a rear property line , with said garage having a second floor loft area . 3 APPROVED - APPROVED - APPROVED - AUGUST 20, 2001 - APPROVED - APPROVED - APPROVED Bill Lesser, 406 Coddington Road - I would like to build a garage behind my home . It is actually a replacement of a garage that existed years ago . It would also involve the relocation of the drive from that enters onto Coddington Road to one that leads to Rich Road . I would like to have storage space above the garage . The second floor area would be 12 feet by 34 feet . There is a distinction in our code between an accessory building and a garage . An accessory building requires very little setback from the rear lot line , but the garage does . We need the second variance to reduce the backyard setback from the required 30 feet to the applicable 21 feet . I have a rather large lot . It is just over one acre in size . The lot is one of the original farmhouses from that area of the Town . The lot is quite isolated . It would be hard to see the garage from Coddington Road . My neighbors to the rear are Ithaca College . Ithaca College owns a lot of land in the area . The college is considering doing something with the land in the future . I have asked them to sell us a buffer area if they decide to develop the area . I have not had objections from the neighbors . I doubt the structure would be visible from the surrounding properties . Mr. Frost - Section 13 states that an accessory can be 3 feet from any side lot or rear lot line . It states that a private garage can be built across a common line . Section 14 discusses side yards . It states that a garage can be 10 feet from a side lot line . It was not clear if a garage had the same rights as an accessory building in the rear yard . I was not sure if we needed to have a 30 foot setback or is this would be considered an accessory building . A one-story garage is allowed in the side yard . This garage does have a loft . Attorney Barney - A garage is normally considered an accessory building . The problem is when you identify, in legislation , a specific item or building , then the rules related to that supersede the general rules that relate to an accessory building . Mr. Stotz - How will the loft be finished ? Mr . Lesser - The loft will have windows and a staircase . It will mainly be used as storage and casual use . There might be a ping pong table and a loom . It will not be finished . There will be no plumbing , heat or insulation . There will be electric . Mr. Stotz - Will the roofline extend over the roofline of your house ? Mr. Lesser - No . The Greek Revival houses have a full two-story main part of the house . It is roughly 25 feet . The kitchen wing has a three-quarter story over it . This section is approximately 19 to 20 feet high . The roof of the proposed garage will be just below or at the level of the kitchen wing . Vice Chairperson Ellsworth opened the public hearing at 7 : 25 p . m . With no persons present to be heard , Vice Chairperson Ellsworth closed the public hearing at 7 : 26 p . m . ENVIRONMENTAL ASSESSMENT : Mr. Stotz - How will the garage be finished ? 4 APPROVED - APPROVED - APPROVED - AUGUST 20, 2001 - APPROVED - APPROVED - APPROVED Mr. Lesser - Finger Lakes Construction will build a pole barn with a metal roof . The outside will be finished with board and baton with locally cut white pine . It will mimic a barn structure . RESOLUTION NO. 2001 -51 " ENVIRONMENTAL ASSESSMENT - William Lesser, 406 Coddington Road, Tax Parcel No. 42. 4 - 12. 2, July 16, 2001 . MOTION made by Ronald Krantz, seconded by David Stotz. RESOLVED, that this board makes a negative determination of environmental significance in the matter of William Lesser, requesting a variance from the requirements of Article IV, Section 13 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a detached garage with a building height of 18 feet and 10 inches ( 15 foot height limitation), at 406 Coddington Road, Town of Ithaca Tax Parcel No. 42. 4 - 12. 2, Residence District R- 15, based upon the findings in the environment assessment completed by Town Planning Staff dated June 27, 2001 . The vote on the motion resulted as follows: AYES: Ellsworth, Stotz, Krantz, Niefer. NAYS: None. The motion was declared to be carried unanimously. RESOLUTION NO. 2001 -52 - William Lesser, 406 Coddington Road, Tax Parcel No. 42. 4 - 12.2 July 16, 2001 . MOTION made by Ronald Krantz, seconded by James Niefer. RESOLVED, that this board grants the appeal of William Lesser, requesting a variance from the requirements of Article IV, Section 13 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a detached garage, including a second floor loft area, with a building height of no more than 19 feet( 15 foot height limitation), at 406 Coddington Road, Town of Ithaca Tax Parcel No. 42. - 1 - 12. 2, Residence District R- 15. A variance from Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, is also granted to permit the garage to be no more than 20 feet from the rear property line, based upon the following findings: a . There is minimal visibility from the road and surrounding area; and b. This is an enlarged lot; and C, The detriment to the neighborhood is outweighed by the benefit to the applicant; and d. The requirements of Section 267-b of the New York State Town Law have been met. The vote on the motion resulted as follows: AYES: Ellsworth, Stotz, Krantz, Niefer. NAYS: None. The motion was declared to be carried unanimously. 5 APPROVED - APPROVED - APPROVED - AUGUST 20, 2001 - APPROVED - APPROVED - APPROVED The third appeal to be heard was as follows : APPEAL of David L . Romm , appellant , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 , to be permitted to add additional space on the second floor of an existing non -conforming residential building , located at 1006 East Shore Drive , Town of Ithaca Tax Parcel No . 19-2-25 , Residence District R- 15 . Said building , among other items , has a 10 ' north side building setback ( 15 ' required ) and extends beyond the rear property line along the east shore of Cayuga Lake . David Romm , 1006 East Shore Drive - I purchased the house one year ago . There are three bedrooms on the second floor of the house . We have two children . One has a fairly normal size bedroom . The other is living in the equivalent of the closet . We would like to expand the second floor over an existing entrance vestibule . Mr. Niefer - Is there a master bedroom ? Mr. Romm - Yes . Mr. Niefer - Is the foot print of the house being enlarged ? Mr. Romm - No . We would be bringing the second floor over the existing entrance vestibule . There is a slight overhang from the vestibule . Mr. Stotz - Will the addition be finished to match the rest of the house ? Mr. Romm - Yes . Mr. Stotz - Will additional access be provided ? Mr. Romm - No . The access is through the central stairway. Mr. Frost - I have some concern about the structural ability. Mr. Romm - I will have it certified by an engineer. Mr. Niefer - Two windows will be lost with the addition . Will additional windows be put in ? Mr. Romm - The existing bedrooms are the rooms that are going to be expanded to the end of the house . We will put in new windows . Mr. Krantz - Will the addition impact the view for neighbors? Mr. Romm - No . My neighbors support my application . Vice Chairperson Ellsworth - Ms . Clap at 1010 East Shore Drive and Mr. Newton at 1004 East Shore Drive support the application . 6 APPROVED - APPROVED - APPROVED - AUGUST 20, 2001 - APPROVED - APPROVED - APPROVED Mr. Frost - Will any further work be done to the rest of the house ? Mr. Romm - No . Attorney Barney - What is meant by proposed division line ? Mr. Romm - I bought an easement that is beyond the existing lot lines . It does not relate to this application . It reflects that easements that I purchased . I purchased the property as it exists . I then purchased an easement to the additional property . Attorney Barney - Where is the lot line ? Mr. Romm - It is indicated on the survey . Vice Chairperson Ellsworth opened the public hearing at 7 : 40 p . m . With no persons present to be heard , Vice Chairperson Ellsworth closed the public hearing at 7 : 41 p . m . ENVIRONMENTAL ASSESSMENT. RESOLUTION NO. 2001 -53 - ENVIRONMENTAL ASSESSMENT - David L . Romm, 1006 East Shore Drive, Tax Parcel No. 19. -2-25, July 16. MOTION made by David Stotz, seconded by James Niefer. RESOLVED, that this board makes a negative determination of environmental significance in the matter of David L . Romm, requesting authorization from the Zoning Board of Appeals under Article X11, Section 54, to be permitted to add additional space on the second floor of an existing non- conforming residential building, located at 1006 East Shore Drive, Town of Ithaca Tax Parcel No. 19. - 2-25, Residence District R- 15, based upon the findings in the environmental assessment dated June 21 , 2001 . The vote on the motion resulted as follows: AYES: Ellsworth, Stotz, Krantz, Niefer. NAYS: None. The motion was declared to be carried unanimously. Attorney Barney - My firm represented Mr. Romm during the closing on his property. RESOLUTION NO. 2001 -54 - David L . Romm, 1006 East Shore Drive Tax Parcel No 19. -2-25, July 16, 2001 . MOTION made by David Stotz, seconded by James Niefer. 7 APPROVED - APPROVED - APPROVED - AUGUST 20, 2001 - APPROVED - APPROVED - APPROVED RESOLVED, that this board grants the appeal of David L . Romm, requesting authorization from the Zoning Board of Appeals under Article Xll, Section 54, to be permitted to add additional space on the second floor to an existing non-conforming residential building, located at 1006 East Shore Drive, Town of Ithaca Tax Parcel No. 19. -2-25, Residence District R- 15, based upon the following findings and conditions: a . The addition will not exceed the current height of the existing building; and b. The footprint of the house will not be increased; and C, The addition is in keeping with the character of the surrounding property; and d. The purpose of the addition is to expand two existing bedrooms on the second floor, and e. All requirements of Section 267-b of the New York State Town Law have been met. The vote on the motion resulted as follows: AYES: Ellsworth, Stotz, Krantz, Niefer. NAYS: None. The motion was declared to be carried unanimously. The fourth appeal to be heard was as follows : APPEAL of Donna Duffy, Appellant , requesting a variance from Article V , Section 19 of the Town of Ithaca Zoning Ordinance , to be permitted to conduct a riding academy and a facility to board and train horses at 340 Warren Road , Town of Ithaca Tax Parcel No , 68- 1 -2 , Residence District R-30 . Said facility was granted a time- limited 7-year variance on February 9 , 1994 , Donna Duffy, 340 Warren Road - The variance is in use primarily during the summers . We ship our business to Florida during the winters . We have done this for the last five years . We leave at the end of November and return at the end of April . The horse industry has shifted to Florida during the winter. This is where the business and sales are . We come back up north to complete the show circuit . Mr. Frost - Has there been any change in the volume of horses ? Ms . Duffy - No . It depends upon . We might have a lot of horses when coming back from a show . Everything is the same . Mr. Frost - Do you still board horses? Ms . Duffy - We board sale horses . We have found that people send their horses up north in the summer to be sold . They think the board rate is cheap from down state . Our boarders are out of state . Our local market is virtually non -existent . It was an issue years ago . We set up a person who worked for us years ago . We refer lessons to this person . We supply her with horses . Mr. Stotz - Is the variance going to be strictly for boarding horses ? 8 APPROVED - APPROVED - APPROVED - AUGUST 20, 2001 - APPROVED - APPROVED - APPROVED Ms . Duffy - No . The original variance covers our needs . My husband will give a lesson when he is home . He is out of town most of the time . Lessons are about 5 % of our business . We still want to be able to train horses and give lessons . Mr. Frost - Are there horses on site during the winter? Ms . Duffy - No . I shut down the house and water. The plumbers blow out the lines every winter. The usage of the property has dropped considerably . It is nice because we are out of town during the muddy months . Mr. Frost - I haven not received any complaints on the property . Ms . Duffy - I feel that we have kept the property usage to a minimum and within the range that was expressed by the board . Vice Chairperson Ellsworth - What improvements have been made to the property? Mr. Niefer - A stone wall has been put up in front of the house . Ms . Duffy has put up very nice stone gates . It is very attractive . The property is extremely well maintained . Ms . Duffy - We try. It is important to us . I appreciate what the variance is about. Mr. Stotz - Do you anticipate that this business will carry on into the indefinite future ? Ms . Duffy - Yes . It will not succeed without the traveling to Florida . It is a primary key. This is how we make our living . Mr. Ellsworth - Will the activity remain as you have described ? Ms . Duffy - It is stabilized . It is interesting how the industry has changed . Everyone buys and sells in Florida . They come up north to show. I do not see it changing . We are dictated by the industry . I do not see us retiring . Mr. Stotz - The previous approval had restrictions . No more than 15 horses were to be boarded on the property at any one time . There were to be no more than 20 horses to be on the premises at any given time . No more than 25 lessons were to be given in one week . The paid staff averaged 100 hours per week with no more than 150 hours per week . Have any of the conditions changed ? Ms . Duffy - The number of lessons has decreased . Mr. Stotz - What would you substitute for 25 lessons per week? What is a more reasonable figure ? Ms . Duffy - There is nothing to substitute . It is non -existent . We refer people to Chastity Howe on Lower Creek Road . Mr. Stotz - Would you like it to be removed from the variance? 9 APPROVED - APPROVED - APPROVED - AUGUST 20, 2001 - APPROVED - APPROVED - APPROVED Vice Chairperson Ellsworth - Mr. Duffy still gives lessons . Attorney Barney - Why does it need to be changed ? Mr. Stotz - It does not have to be changed . Ms . Duffy - We have continued to use the property within the perimeter of the variance . The usage has dropped . Vice Chairperson Ellsworth - Would you like to have the same time limited period ? Ms . Duffy - Another seven years would be fine . Mr. Niefer - Where do you provide area for exercise for boarded horses ? Ms . Duffy - The horses are ridden in the large ring . We exercise them four or five horses at a time . Mr. Niefer - What is the highest number of horses you have boarded during the last twelve months? Ms . Duffy - We are currently boarding thirteen horses . This is our busy season . This was an issue at the last approval . It was felt that the animals should be in large fields. We have horses that are worth $250 , 000 and they are insured for that amount . You do not turn these animals out in fields . They cannot stand the bugs . It is a risk. We have valuable animals . It is very common . The animals are exercised . Vice Chairperson Ellsworth - There is an increase in horse trailers coming into Ithaca every spring . Are they going to the Veterinarian School ? Ms . Duffy - Cornell has a huge breeding operation . People come in during the spring for the babies to be born . There is a large show at the Polo Ring at the end of March . It is the first gathering . Vice Chairperson Ellsworth opened the public hearing at 8 : 03 p . m . With no persons present to be heard , Vice Chairperson Ellsworth closed the public hearing at 8 : 04 p . m . ENVIRONMENTAL ASSESSMENT : RESOLUTION NO. 2001 -55 - ENVIRONMENTAL ASSESSMENT = Donna Duffy, 340 Warren Road Tax Parcel No. 68. - 1 -2, July 16, 2001 . MOTION made by David Stotz, seconded by James Niefer. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Donna Duffy, requesting a variance from Article V, Section 19 of the Town of Ithaca Zoning Ordinance, to be permitted to conduct a riding academy and a facility to board and train horses at 340 Warren Road, Town of Ithaca Tax Parcel No. 68. - 1 -2, Residence District R-30, based upon the findings in the environmental assessment completed by Town Planning Staff dated June 26, 2001 . 10 APPROVED - APPROVED - APPROVED - AUGUST 20, 2001 - APPROVED - APPROVED - APPROVED The vote on the motion resulted as follows: AYES: Ellsworth, Stotz, Krantz, Niefer. NAYS: None. The motion was declared to be carried unanimously. RESOLUTION NO. 2001 =56 = Donna Duffy, 340 Warren Road, Tax Parcel No. 68. 4 -2, July 16 2001 MOTION made by Harry Ellsworth, seconded by Ronald Krantz. RESOLVED, that this board grants the appeal of Donna Duffy, requesting a variance from Article V. Section 19 of the Town of Ithaca Zoning Ordinance, to be permitted to continue to conduct a riding academy and a facility to board and train horses at 340 Warren Road, Town of Ithaca Tax Parcel No. 68. 4 -2, Residence District R-30, based upon the following findings and conditions: Conditions: a. The approval is time-limited for 7 years, to expire July 17, 2008; and b. That there will be no more than 15 horses boarded on the premises at any given time; and c. That there will be no more than 20 horses on the premises at any given time; and d. That there will be no more than 25 lessons given each week; and e. That the paid staff averages 100 hours per week, with no more than 150 hours per week; and f. That there will be no signs on the property to advertise or announce the existence of the riding school, stables, or any other aspect of the operation. The vote on the motion resulted as follows: AYES: Ellsworth, Stotz, Krantz, Niefer. NAYS: None. The motion was declared to be carried unanimously. Vice Chairperson Ellsworth adjourned the meeting at 8 : 08 p . m . 'Har E . IIs rt , Vice Ch irperson - do -dl Carrie Whitmore , Deputy Town Clerk/Deputy Receiver of Taxes 11 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 215 North Tioga Street, Ithaca, New York on Monday July 16 2001 commencing at 7 . 00 P. M ., as per attached Location of sign board used for posting: Town Clerk Sign Board — 215 North Tioga Street Date of posting: July 6, 2001 Date of publication: July 11 , 2001 Dani L. Holford, Building and Zoning DaL41ekyt S , Town of Ithaca STATE OF NEW YORK ) SS. : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 6th day of July, 2001 . � hal Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01 WH6052877 Tioga County Commmft Expires December TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, JULY 16, 2001 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 Monday, July 16, 2001 , in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, N.Y. , COMMENCING AT 7 : 00 P.M. , on the following matters: APPEAL of Angela Oxford, Appellant, Dan Signore, Agent, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a non- conforming building/use at 1427 Slaterville Road, Town of Ithaca Tax Parcel No. 58- 1 -23 , Residence District R- 15 . Said enlargement consists of a 273 square foot room addition to an existing two-family home on a building lot less than the required 15 ,000 square feet and with an 11 . 9 ' side yard building setback, whereas 15 ' setback is required. APPEAL of William lesser, Appellant, requesting a. variance from the requirements of Article IV, Section 13 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a detached garage. with a building height of 18 ' 10" ( 15 ' height limitation), at 406 Coddington Road, Town of Ithaca Tax Parcel No. 42- 142 .2, Residence District R- 15 . A variance from Article IV, Section 14 may also be required, to have the garage 21 ' from a rear property line, with said garage having a second floor loft area. APPEAL of David L. Romm, appellant, requestingauthorization from the Zoning Board of Appeals under Article XII, Section 54, to be permitted to add additional space on the second floor of an existing non-conforming residential building, located at 1006 East Shore Drive, Town of Ithaca Tax Parcel No. 19-2-25 , Residence District R- 15 . Said building, among other items, has a 10 ' north side building setback ( 15 ' required) and extends beyond the rear property line along the east shore of Cayuga Lake. APPEAL of Donna Duffy, Appellant, requesting a variance from Article V, Section 19 of the Town of Ithaca Zoning Ordinance, to be permitted to conduct a riding academy and a facility to board and train horses at 340 Warren Road, Town of Ithaca Tax Parcel No. 68- 1 -2, Residence District R-30. Said facility was granted a time-limited 7-year variance on February 9, 1994, 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 : July 6, 2001 Published : July 11 , 2001