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HomeMy WebLinkAboutZBA Minutes 2001-08-20 FILE I� a,., DATE I () TOWN OF ITHACA ZONING BOARD OF APPEALS MONDAY , AUGUST 20 , 2001 7 : 00 P. M . APPEAL of Richard Hughes , Appellant , requesting a variance from the requirements of Article IV , Section 13 of the Town of Ithaca Zoning Ordinance , to be permitted to construct an accessory building with a height of 16 ± feet ( 15-foot limit) at 119 Park Lane , Town of Ithaca Tax Parcel No . 56- 3- 13 . 7 , Residence District R- 15 . Said structure is to be used as a children ' s playhouse . APPEAL GRANTED APPEAL of James Cordes , Appellant , requesting a variance from the requirements of Article IV , Section 11 , Subparagraph 6 and Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance , to be permitted to erect a privacy fence greater than 6 feet in height to be located along side yard property lines at 318 Siena Drive , Town of Ithaca Tax Parcel No . 71 - 1 - 11 . 3 , Residence District R- 15 . Said Ordinance permits fences less than 6 feet in height to be located along property lines . APPEAL GRANTED W/ CONDITIONS APPEAL of Ithaca College , Appellant , Robert O' Brien , HOLT Architects , Agents , request Special Approvals under Article IV , Section 11 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a 22 , 900 square foot Campus Safety and General Services Building , a 4 , 160 square foot building addition to the Physical Plant Shops Building , and to site a temporary modular office building on the Ithaca College campus , Town of Ithaca Tax Parcels No . 41 - 1 - 11 and 41 - 1 -30 . 2 , Residence District R- 15 . In addition , a variance is also requested from the requirements of Article IV , Section 11 to permit the proposed Campus Safety building to have a building height of 50 feet (36-foot limit) . APPEAL C—IMA e6 FILE °..L DATE lnt TOWN OF ITHACA ZONING BOARD OF APPEALS MONDAY, AUGUST 20, 2001 7 : 00 P . M . PRESENT : Harry Ellsworth , Vice Chairperson ; David Stotz , Board Member; Ronald Krantz , Board Member; James Niefer, Board Member; Kristie Rice , Assistant Director of Building/Zoning ; John Barney , Attorney for the Town ; Mike Smith , Environmental Planner. EXCUSED : Kirk Sigel , Chairperson ; Andy Frost , Director of Building/Zoning . ALSO PRESENT: Richard Hughes , 119 Park Lane ; James Cordes, 318 Siena Drive ; Tom Salm , Ithaca College ; Robert O 'Brien, HOLT Architects ; Steven Hugo , HOLT Architects ; Tom Hord , HOLT Architects . Vice Chairperson Ellsworth called the meeting to order at 7: 07 p . m . The first appeal to be heard was as follows : APPEAL of Richard Hughes , Appellant , requesting a variance from the requirements of Article IV , Section 13 of the Town of Ithaca Zoning Ordinance , to be permitted to construct an accessory building with a height of 16 + feet ( 15-foot limit) at 119 Park Lane , Town of Ithaca Tax Parcel No . 56- 3- 13 . 7 , Residence District R- 15 . Said structure is to be used as a child 's playhouse . Richard Hughes , 119 Park Lane - We have started to build a tree house , but the proper term is a playhouse . We are not attaching it to a tree. Stilts in the trees support it. Our son is still calling it a tree house . The house on top of the deck structure is 8 feet and the roof on top is 2 feet . The total is 10 feet . The height of the stilts would need to be only 5 feet to stay within the 15 feet height requirement . We were looking to get more height underneath the deck so that I was able to walk under it . The ground is not level . The back yard slopes down dramatically going from front to back . The structure is closer to 17 . 5 feet instead of the 16 feet listed on the permit. The structure is hard to see from the neighbor' s house . Our neighbors do not object to the play structure . Vice Chairperson Ellsworth - Is the structure on your property? Mr. Hughes - Yes . Two years ago we bought the lot behind us . We need to incorporate that lot into our lot . We have two lots that are part of 119 Park Lane . This is on the lot that we purchased down below. Mr. Niefer - The materials submitted stated electrical wiring would be put in . Is this a future studio for you in later years? Mr. Hughes - We put in conduit . We have 3 cables . One is for lighting , the second is for power and the third is for telephone and television . It is easier to put all wiring in at once . APPROVED - APPROVED - APPROVED AUGUST 20, 2001 Mr. Niefer - It has the potential for being a nice studio . Mr. Stotz - What does the inside of the structure look like? Mr. Hughes - It is an 8 x 10 foot structure . We were going to put a loft in , but could not decide where the loft would be . We talked about putting hammocks up for now . There is nothing inside yet . The open spot on the top is going to be a door. We have windows on each of the sides . The structure is our son 's so he will tell us what he would like . Mr. Niefer - Will the structure be heated ? Mr. Hughes - No . It is a structure where he can play with his toys . It is not insulated . We have talked to the electrician about how to protect the wiring . Mr. Stotz - Will there be any water? Mr. Hughes - No . Mr. Stotz - This is going to be used by children . Mr. Hughes - Our son is 7 years old . Mr. Stotz - Does it have a deck all the way around the structure ? Mr. Hughes - Yes . There is a stairway up to the play structure . Our original plan was to have a ramp so that our dog could climb into the structure . The ramp was going to go up too far. We decided to put the stairway in . Mr. Stotz - Does the stairway have handrails ? Mr. Hughes - It does not have handrails at this time . There is a tree on one side of the stairway . Mr. Stotz - Your son is a lucky kid . It is quite a place . Is there any flood lighting ? Mr. Hughes - We bought the lights , but have not put them up yet . We will have a floodlight on the front that can be turned on and off from inside the house . There will be an electrical box at the bottom . There will be a light inside the structure . Mr. Niefer - The plot plan shows Park Lane ending at your parcel . Does Park Lane extend beyond your parcel ? Ms . Rice - Yes . Park Lane eventually turns into Joanne Drive further up the hill . Mr. Niefer - Is there a house adjacent to both sides of your property? 2 APPROVED - APPROVED - APPROVED AUGUST 20, 2001 Mr. Hughes - Yes . 117 and 121 Park Lane wrote a letter of support to the board . Mr. Stotz - How will the exterior be finished ? Mr. Hughes - We stained the T- 111 siding green . Mr. Stotz - It matches the upper level of the house . Mr. Hughes - We have gray siding on the house . Our son wanted to paint the structure green . It blends in nicely with the trees . Mr. Krantz - This project would not have come before the board if the stilts were a foot or so shorter. This is a hassle for the applicant to have to go through . Mr. Stotz - Is there a plan for using the space underneath ? Mr. Hughes - It might be used as storage at some point . Mr. Stotz - Are there any plans for enclosing the lower section ? Mr. Hughes - No . Vice Chairperson Ellsworth opened the public hearing at 7 : 20 p . m . With no persons present to be heard , Vice Chairperson Ellsworth closed the public hearing at 7 : 21 p . m . ENVIRONMENTAL ASSESSMENT. Mr. Smith - Tudor Park is a neighbor to this property. A walking trail also runs passed the property . The structure can be seen from the trail . RESOLUTION NO. 2001 -57 = ENVIRONMENTAL ASSESSMENT = Richard Hughes, 119 Park Lane, Tax Parcel No. 56. =3- 13. 7, August 20, 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 Richard Hughes, requesting a variance from the requirements of Article IV, Section 13 of the Town of Ithaca Zoning Ordinance, to be permitted to construct an accessory building (to be used as a children 's playhouse) with a height not to exceed 17. 5 feet at 119 Park Lane, Town of Ithaca Tax Parcel No. 56-3- 13. 7, Residence District R- 15 based upon the environmental assessment form completed by Town Staff dated July 6, 2001 . The vote on the motion resulted as follows: AYES: Ellsworth, Stotz, Krantz, Niefer. NAYS: None. 3 APPROVED - APPROVED - APPROVED AUG UST 20, 2001 The motion was declared to be carried unanimously. RESOLUTION NO. 2001 -58 - Richard Hughes, 119 Park Lane, Tax Parcel No. 56. -3- 13. 7, Auqust 20, 2001a MOTION made by Ronald Krantz, seconded by James Niefer. RESOLVED, that this board grants the appeal of Richard Hughes, requesting a variance from the requirements of Article IV, Section 13 of the Town of Ithaca Zoning Ordinance, to be permitted to construct an accessory building (to be used as a children 's playhouse) with a height of not to exceed 17. 5 feet at 119 Park Lane, Town of Ithaca Tax Parcel No. 56. -3- 13. 7, Residence District R- 15 based upon the following findings: a . The structure will be used as a children 's playhouse. b. The accessory building is constructed in a secluded area surrounded by woods and blends in with the house. C, The neighbors at 117 and 121 Park Lane submitted letters of support to the board. 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 James Cordes , Appellant , requesting a variance from the requirements of Article IV , Section 11 , Subparagraph 6 and Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance , to be permitted to erect a privacy fence greater than 6 feet in height to be located along side yard property lines at 318 Siena Drive , Town of Ithaca Tax Parcel No . 71 - 1 - 11 . 3 , Residence District R- 15 , Said Ordinance permits fences less than 6 feet in height to be located along property lines . James Cordes , 318 Siena Drive - We would like to put up a fence to give us privacy from both of the adjacent neighbors . What is really motivating this is that for about 11 years we had an elderly neighbor on one side who spent zero time in her backyard . There is now a family who spends a lot of time in their backyard . They have a direct view into our bedroom , bathroom and livingroom . A 6-foot fence would not block their view where as an 8 foot fence would . We have talked with our neighbors about putting up a fence and they feel it is a good idea for privacy . We would like to put in an expensive , but aesthetic fence . It will be slats between 4 x 4 posts with lattice work on the top . Mr. Stotz - There are a lot of people in that area that are in a similar situation . There are lots of people who leave their blinds and shades up and their homes can be viewed from the neighbor's property. Why is this unique in that regard ? Are your neighbors closer to you than others ? Are they more inquisitive about what is going on in your house ? 4 APPROVED - APPROVED - APPROVED AUGUST 20, 2001 Mr. Cordes - Our new neighbors have more activity in their backyard than most of our neighbors . Our neighbors have put up a series of fences and they are doing a lot of gardening . They are growing semi-commercial food in their backyard . It is not aesthetic from our point of view. Mr. Stotz - There are many people who have families in their backyards and gardens in their backyards . Their neighbors do not feel compelled to put up a large fence . I am trying to find out what is unique about your request in terms of what exists around the neighborhood . Mr. Cordes - I cannot speak for the neighbors . I think there is close proximity to the backyard on the north side . We keep the blinds down on the front window side of our bedroom . The two windows facing the north are especially conspicuous . Mr. Krantz - How long is your neighbor's fence to the north ? Mr. Cordes - Their fence goes all the way down the full length of the yard . We have a sloping yard that goes down from the house towards the creek . They have a fence all the way down to the creek . The fence cuts in towards their yard in the upper part of their yard . We could see all of their fence if we did not have this fence . Their fence is not professionally installed . We are talking about putting in a professionally installed fence . Our viewing of their fence during the wintertime to our minds would be very unaesthetic . We did contemplate putting in a full length fence . It would be too costly and is a little bit overkill . We were trying to come with a fence that would satisfy most of what we wanted . Mr. Stotz - Which way does the land slope? Does it slope towards the property to the north ? Mr. Cordes - No . It slopes downwards from our house straight down to the creek . Mr. Stotz - Do you need to have an 8 foot fence on both sides of your house? Mr. Cordes - Strictly speaking , no . We do not have the same window viewing situation on the south side . It could be shorter, but taller than 6 feet would still be better for purposes of symmetry . Mr. Stotz - There is a lot of vegetation on the south side of the house . It does not screen sufficiently? Mr. Cordes - No . For example , our neighbors to the south store things on their side of the house . There are various items the trees do not block . Mr. Stotz - Does anyone else in the neighborhood have a fence running down both sides of their property? Mr. Cordes - No . I do not know of anyone within 5 houses in either direction . Both neighbors are perfectly approving of this plan . Vice Chairperson Ellsworth opened the public hearing at 7 : 33 p . m . With no persons present to be heard , Vice Chairperson Ellsworth closed the public hearing at 7 : 34 p . m . ENVIRONMENTAL ASSESSMENT: 5 APPROVED - APPROVED - APPROVED AUGUST 20, 2001 RESOLUTION NO. 2001 -59 - ENVIRONMENTAL ASSESSMENT = James Cordes, 318 Siena Drive, Tax Parcel No. 71 . - 1 - 11 . 3, Au_gust 20, 2001 . MOTION made by Ronald Krantz, seconded by James Niefer. RESOLVED, that this board makes a negative determination of environmental assessment in the matter of James Cordes, requesting a variance from the requirements of Article IV, Section 11 , Subparagraph 6 and Article Xlll, Section 65 of the Town of Ithaca Zoning Ordinance, to be permitted to erect a privacy fence greater than 6 feet in height (said Ordinance permits fences less than 6 feet in height to be located along property lines) to be located along side yard property lines at 318 Siena Drive, Town of Ithaca Tax Parcel No. 71 . 4 - 11 . 3, Residence District R- 15 based upon the environmental assessment completed by Town Staff. The vote on the motion resulted as follows: AYES: Ellsworth, Stotz, Krantz, Niefer. NAYS: None. The motion was declared to be carried unanimously. Mr. Stotz - I do not think that this application has any unique circumstances . I do not think it is in character with the neighborhood . Mr. Krantz - I agree . Attorney Barney - This is an area variance . The requirements are listed under Section 267- b of Town Law . There is not a requirement that this be a unique situation . It used to be the test , but the statue was changed 4 or 5 years ago . Mr. Niefer - It is noteworthy that the fence does not extend towards the street beyond the front of the house . We do not have a fence going all the way to the street or close to it . It extends from the front of the house back . It will not be as visible from the road as you drive by. Mr. Stotz - Could the fence on the south side property line be in conformance with the Zoning Ordinance ? Mr. Cordes - Yes . Mr. Stotz - The fence located on the north side property line would be 8 feet in height . How long would the fence be ? Mr. Cordes - It would extend for 86 feet . Mr. Stotz - Will the fence screen the neighbors from being able to see into the privacy of your home ? 6 APPROVED - APPROVED - APPROVED AUGUST 20, 2001 Mr. Cordes - Yes , for the most part . Mr. Stotz - Would they still be able to see into your home if the fence was 6 feet in height ? Mr. Cordes - Yes . Mr. Krantz - Would it be acceptable to have the larger fence on the north side of the house ? Mr. Cordes - Yes . Attorney Barney - How far back would the fence start ? Ms . Rice - The fence would start 53 feet from the centerline of the road . RESOLUTION NO. 2001 -60 - James Cordes, 318 Siena Drive, Tax Parcel No. 71 . - 1 - 11 . 3, August 2092001a MOTION made by David Stotz, seconded by James Niefer. RESOLVED, that this board grants the appeal of James Cordes, requesting a variance from the requirements of Article IV, Section 11 , Subparagraph 6 and Article X111, Section 65 of the Town of Ithaca Zoning Ordinance, to be permitted to erect a privacy fence not to exceed 8 feet in height on the northern property line, with the fence beginning 52 feet from the centerline of the road (even with the front of the house) and extending no more than 86 feet in a westerly direction and that this board denies the appeal to construct a fence greater than 6 feet in height along the southern property line at 318 Siena Drive, Town of Ithaca Tax Parcel No. 71 . 4 - 11 . 3, Residence District R- 15, based upon the following findings: a . All requirements of Section 267-b of the New York State Town Law have been met. b. The neighbors on either side of 318 Siena Drive do not object to the construction of the fence and little visibility of the fence from the road exists. C, The area of greater concern with respect to visibility is from the property to the north and the property to the south is screened by a row of Evergreen trees and other vegetation. The vote on the motion resulted as follows: AYES: Ellsworth, Stotz, Krantz, Niefer. NAYS: None. The motion was declared to be carried unanimously. The third appeal to be heard was as follows : APPEAL of Ithaca College , Appellant , Robert O ' Brien , HOLT Architects , Agents , request Special Approvals under Article IV , Section 11 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a 22 , 900 square foot Campus Safety and General Services Building , a 4 , 160 square foot 7 APPROVED - APPROVED - APPROVED AUGUST 20, 2001 building addition to the Physical Plant Shops Building , and to site a temporary modular office building on the Ithaca College campus , Town of Ithaca Tax Parcels No . 41 - 1 - 11 and 41 - 1 -30 . 2 , Residence District R- 15 . In addition , a variance is also requested from the requirements of Article IV , Section 11 to permit the proposed Campus Safety building to have a building height of 50 feet (36-foot limit) . Tom Hord , HOLT Architects - We have 3 projects before the board . The first is the Campus Safety and General Services Building . It is in the area of where the compost facility is presently located . It is at the back of the campus where a lot of the support facilities are located . The Physical Plant Shops building is in the same area . The temporary office building is located next to Park School of Communication . The Campus Safety and General Services Building is about 13 , 365 square foot footprint . The building is set into the hill so that it looks like a two-story building from one side and a one-story building from the uphill side . Campus Safety occupies the upper level . It is office space . The lower level is for the mailroom and printing facility . The upper level will house 20 employees . The lower level will house 17 employees . Then we considered 12 visitors . We used these numbers to calculate the parking needed . There is a total of 59 parking spaces . Twenty-nine parking spaces are located in the parking lot to the north and thirty are located in the parking lot to the south . We need to come before the board because this site is located in an R- 15 zone . The site is in the middle of the existing campus . We need to show a need for it to be there . We need campus safety on the campus . We want to have the printing and mailing services available on campus . This building also requires a height variance . The height of the building , using the Town 's method of measuring , come out to 49 feet . This is from the lowest level , which is the lowest level of the loading dock on the north side of the building . This floor is 2 . 5 feet lower than the printing services on the same floor. The building has a high pitch roof to give the building character. The first floor ceiling height is 15 feet . This does not include the 2 . 5 feet for the loading dock. We need the height for the equipment and operations that are occurring on the first floor. The second floor ceiling height is 8 feet . The roof pitch adds 23 . 5 feet . Vice Chairperson Ellsworth - What is the small penthouse type area on top of the roof? Mr. Hord - This room provides light and room for the mechanical functions of the building . It also breaks up the building . Vice Chairperson Ellsworth - There are a lot of buildings on campus that are above the Town 's height limit . Are there any located near this building ? Mr. Hord - This building is a one-story from the uphill side . It is measured as more because of the slope of the land . The building is handicap accessible on both sides . Mr. Stotz - The height is exacerbated by the mechanical room on top of the building . Mr. Hord - This building requires special approval and a height variance . The other buildings only need special approval . 8 APPROVED - APPROVED - APPROVED AUGUST 20, 2001 Mr. Krantz - I am disturbed by the letter we received from Mr. Frost . It states that the Life Safety Office did not have a Certificate of Occupancy and is an illegally occupied building . It has obviously compromised Mr. Frost's position . Tom Salm , Ithaca College - We had a bad circumstance with our life safety people . They were located in a house within the City of Ithaca . We thought this building was going to get underway more than one year ago . We made a decision to move them temporarily into this house in the Town of Ithaca . We demolished the house in the City of Ithaca . We made a mistake . We should not have done that . We did not expect them to be there very long . The solution is in this building . I have talked with Mr. Frost and Attorney Barney about it . We will not do it again . Attorney Barney - The college thought this program was going to start over one year ago . They should have gone through the process to obtain a Certificate of Occupancy . Most of the violations that we have a concern with are for handicap accessibility issues . None of the employees located in the building now are handicapped in the way that they would need the provisions . The building is an old building and to make it handicap accessible requires structural damage to the building . The college is making application with the State of New York for variances in these areas . We were concerned because there had been a gap in communications between the Town and the college . The gap has now been repaired . Ms . Rice - The intent of Mr. Frost's letter was to allow the board members to go forward without prejudice because of the existing building . Ithaca College has initiated the process to Mr. Frost's satisfaction . Mr. Stotz - Is there an increase in staff? Mr. Salm - There has been an increase in staff. This building was in our Master Plan in 1990 . We kept putting off building it and is one of the reasons that we got into trouble . We have no administrative space to Ithaca College since 1989 . We have added to the Campus Safety staff. We had to move the printing shop off campus . This would consolidate Campus Safety and the printing shop . It would allow the print shop back on campus . The mail service is on the ground floor of a residence hall in Garden Apartment 28 . We have 500 , 000 square feet to the college in my 25 years with the college . Approximately 40 , 000 square feet has been administrative space . The rest has been academic space . Mr. Niefer - How close is this building to the old composting building ? Mr. O 'Brien - It is about 200 to 250 feet from the site . Mr. Niefer - Is the compost facility an aroma-free operation ? Mr. Salm - Yes . It is better than the old facility because it is more contained . We found out how to cover up with wood chips early on to avoid odors . It has not been a problem . This site is much better. We now recycle Longview's food as well as our own . 9 APPROVED - APPROVED - APPROVED AUGUST 20, 2001 Mr. Hord - The next addition is to the Physical Plant building . The existing building is 4 , 800 square feet . The addition is 4 , 160 square feet . It is for additional bays for servicing vehicles and some office space . It is a very functional building . We need to obtain special approval from the board for this project . The next project is the temporary office building . This is a modular one-story building that will be brought in and assembled on site . The approval of this building will be conditioned upon removal of this building by a certain date . We would like to have this building for 5 years . As you can recall , the college is good for its word . We removed the two previous temporary buildings within the time limit given . It will be located next to the Park School of Communications . This building is needed due to overcrowding of existing facilities . This building will temporarily house staff while the college determines what should happen in the future . The building is about 11 , 000 square feet . It is handicap accessible . Mr. Stotz - What is the intended fire access to the building ? Mr. Hord - Fire access will be from the service road . Attorney Barney - Is the handicap accessibility located on the southerly end of the building ? Mr. Hord - Yes . Mr. Stotz - Is landscaping planned for the site? Mr. O' Brien - Landscaping is a long-term investment . The college does not want to make that type of investment for a temporary building . We sited the building so that we could take advantage of the surrounding trees . Mr. Salm - We are in the midst of a Master Plan . We are working with HOLT and a company out of Boston on our Master Plan . We have come to the point where we needed to provide some administrative relief . Taking Human Resources personnel out of Job Hall will open up space for our admissions office . We do not want to keep the temporary building . We are hoping to need it for less than five years . The Master Plan will push administrative space to the top of the list . We need to start raising money and planning soon . I am opposed to keeping the temporary space . Attorney Barney - What is happening in other areas where you are pulling people ? Mr. Salm - The information technology people are located in old labs . They need to be taken off- line . This space will be vacated and used as storage . Information technology will have lab space in the new temporary building . The Human Resources space will go to Admissions . The space will be substantially larger space for the technicians . Vice Chairperson Ellsworth opened the public hearing at 8 : 20 p . m . With no persons present to be heard , Vice Chairperson Ellsworth closed the public hearing at 8 : 21 p . m . ENVIRONMENTAL ASSESSMENT: 10 APPROVED - APPROVED - APPROVED AUGUST 20, 2001 Mr. Smith - There is no environmental assessment on the Physical Plant Shop . It is a Type II Action . The other projects have the environmental assessments included . RESOLUTION NO. 2001 -61 - ENVIRONMENTAL ASSESSMENT = Ithaca College, Tax Parcel Nos. 41 . - 1 - 11 and 41 . - 1 -30.2, August 20, 2001 . MOTION made by Ronald Krantz, seconded by David Stotz. RESOLVED, that this board makes a negative determination of environmental assessment in the matter of Ithaca College, requesting a Special Approval under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to construction a 22, 900 square foot Campus Safety and General Services Building (and associated height variance from the requirements of Article IV, Section 11), and to site a temporary modular office building on the Ithaca College campus, Town of Ithaca Tax Parcels No. 41 . 4 - 11 and 41 . 4 -30. 2, Residence District R- 15, based upon the environmental assessment completed by Town Staff. 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 -62 - Ithaca College, Tax Parcel Nos. 41 . - 1 - 11 and 41 . 4 -30.2, Auqust 20, 2001 . MOTION made by David Stotz, seconded by James Niefer. RESOLVED, that this board grants the appeal of Ithaca College, requesting Special Approvals under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 22, 900 square foot Campus Safety and General Services Building, a 4, 160 square foot building addition to Physical Plan Shops Building, and to site a temporary modular office building on the Ithaca College campus, Town of Ithaca Tax Parcel Nos. 41 . 4 - 11 and 41 . 4 -30.2, Residence District R- 15, based upon the following: Findings: a . There is a need for the 22, 900 square foot Campus Safety and General Services Building to accommodate an increase in staff. b. There is a need for the 4, 160 square foot building addition to the Physical Plant shops in order to consolidate the vehicle and equipment service areas and reduce the redundancies for equipment and space. C. There is a need to site the temporary modular building to relieve overcrowding in existing spaces until new facilities can be built. 11 APPROVED - APPROVED - APPROVED AUG UST 20, 2001 Conditions: a . All conditions set forth by the Town of Ithaca Planning Board be met. b. The temporary modular building be removed by September 15, 2006. 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 -63 - Ithaca College, Tax Parcel Nos. 41 . - 1 - 11 and 41 . - 1 -30.2. August 20, 2001 . MOTION made by David Stotz, seconded by James Niefer. RESOLVED, that this board grants the appeal of Ithaca College, requesting a variance from the requirements of Article IV, Section 11 , to construct the proposed Campus Safety building (a one-story and basement building to house Ithaca College 's mail and printing facilities) to have a building height of no more than 50 feet on the Ithaca College Campus, Town of Ithaca Tax Parcel Nos. 41 . - 1 - 11 and 41 . 4 -30. 2, Residence District R- 15, based upon the following findings: a . The site for this construction is on a slope. b. The height is not inconsistent with the surrounding buildings located on the Ithaca College Campus. 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 : 30 p . m . arty Ells ort , Vic6 bieirperson tul LQ b K c y 1 - 0I Carrie Whitmore , Deputy Town Clerk/Deputy Receiver of Taxes 12 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, August 20, 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: August 13 , 2001 Date of publication: August 15, 2001 a Dani L. Holford, Building and Zoning D fartment Secretary, Town of Ithaca STATE OF NEW YORK ) SS. : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 15th day of August, 2001 . 1VvV Vv Notary Public CARRIE WHITMORE Notary Public, State of New,Ybrk No. 01 WH6052877 Commission Expi es December )(�� TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, AUGUST 20, 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, August 20, 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 Richard Hughes, Appellant, requesting a variance from the requirements of Article IV, Section 13 of the Town of Ithaca Zoning Ordinance, to be permitted to construct an accessory building with a height of 16 + feet ( 15- foot limit) at 119 Park Lane, Town of Ithaca Tax Parcel No. 56-3- 13 .7, Residence District R- 15 . Said structure is to be used as a children ' s playhouse. APPEAL of James Cordes, Appellant, requesting a variance from the requirements of Article IV, Section 11 , Subparagraph 6 and Article XIII, Section 65 of the Town of Ithaca Zoning Ordinance, to be permitted to erect a privacy fence . greater than 6 feet in height to be located along side yard property lines at 318 Siena Drive, Town of Ithaca Tax Parcel No. 71 - 1 - 11 . 3 , Residence District R- 15 . Said Ordinance permits fences less than 6 feet in height to be located along property lines. APPEAL of Ithaca College, Appellant, Robert O 'Brien, HOLT Architects, Agents, request Special Approvals under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 22,900 square foot Campus Safety and General Services Building, a 4, 160 square foot building addition to the Physical Plant Shops Building, and to site a temporary modular office building on the Ithaca College campus, Town of Ithaca Tax Parcels No. 41 - 1 - 11 and 41 - 1 -30.2, Residence District R- 15 . In addition, a variance is also requested from the requirements of Article IV, Section 11 to permit the proposed Campus Safety building to have a building height of 50 feet (36400t limit). 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 13 , 2001 Published : August 15 , 2001