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HomeMy WebLinkAboutZBA Minutes 2011-06-20 Town of Ithaca Zoning Board of Appeals Monday, June 20, 2011 Agenda 1 . Appeal of Ithaca College 2 . Appeal of Lawrence lacovelli 3 . Appeal of ACP Properties 4 . Consider recommendation to the Town Board regarding proposed local law pertaining to garages and accessory buildings 5 . Discussion of 2011 NYSPF Annual Conference TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, June 20, 2011 215 North Tioaa Street, Ithaca 7 : 00 P. M . Appeal of Ithaca College , owner, Rick Couture , Agent, requesting modification of ZB Resolution No. 2010-014, Condition 1 , 'That the scoreboard be built as shown in the application materials" , granted June 21 , 2010 to be permitted to construct a replacement scoreboard at Kostrinsky Field located at 130 Flora Brown Dr, Tax Parcel No, 41 . - 1 -30. 2 , Medium Density Residential . Appeal of Lawrence lacovelli , owner, requesting variances from the requirements of Chapter 270, Section 270-82C 'Yard Regulations" of the Town of Ithaca Code to be permitted to maintain insufficient side yard setbacks located at 167 Kendall Ave , Tax Parcel No. 54. -4-25 .2 , High Density Residential . Appeal of ACP Properties , owner, Marc Purdy, agent, requesting a variance from the requirements of Chapter 221 , Section 221 -7C(4) "Business and Industrial Districts Signs" of the Town of Ithaca Code to be permitted to replace an existing freestanding sign that is located in the rear yard of the property and within the required 15 foot setback from the edge of the, pavement located at 1018 Ellis Hollow Road , Tax Parcel No, 62 .-2- 13. 1 , Community Commercial . Assistance will be provided for individuals with special needs, upon request. Requests should be made not less than 48 hours prior to the public hearings. Bruce W . Bates Director of Code Enforcement 607-273- 1783 Dated : June 8 , 2011 Published : June 10, 2011 FILE DATES ® ZONING BOARD of APPEALS Monday, June 20, 2011 7 : 00 p. m . Board Members Present : Kirk Sigel , Chair; Ron Krantz , Jim Niefer, and Bill King , Excused : Dave Mountin . Staff Present: Bruce Bates , Director of Code Enforcement; Susan Brock, Attorney for the Town ; Carrie Coates Whitmore ; Deputy Town Clerk. Others: Rick Couture , Andy Sciarabba , Larry lacovelli , Orlando lacovelli , Mark lacovelli , and Marc Purdy. Call to Order Chairperson Sigel called the meeting to order at 7 : 03 p . m . Appeal of Ithaca College, owner, Rick Couture, Agent, requesting modification of ZB Resolution No. 2010=014, Condition 1 , "That the scoreboard be built as shown in the application materials", granted June 21 , 2010 to be permitted to construct a replacement scoreboard at Kostrinsky Field located at 130 Flora Brown Dr, Tax Parcel No. 410=1 =30n2j ® Medium Density Residential . Rick Couture and Andy Sciarabba appeared before Board . Chairperson Sigel commented that the appeal seemed straightforward and that the applicant wishes to install a substantially smaller sign . He asked if applicant wanted to add anything . Mr. Sciarabba stated that the lights on the proposed sign will be white LED lights instead of red and amber. The proposed sign is approximately 67% smaller and shorter than the previously proposed sign . Chairperson Sigel solicited comments from the Board ; there were none . SEAR Attorney Brock noted that the Part I of Environmental Assessment Form references a T . G . Miller letter dated April 18 , 2011 ; the date of the letter is April 26 , 2011 . The EAF was corrected to reflect the correct date . Chairperson Sigel moved to make a negative determination of environmental significance for the reasons stated in Part II of the EAF prepared by Town staff. Mr. Niefer seconded . Vote—carried unanimously. ZB RESOLUTION NO. 2011-031 : Environmental Assessment, Ithaca College, 953 Danby Rd (130 Flora Brown Dr), Tax Parcel No. 41. = 1 -30.2 MOTION made by Kirk Sigel, Seconded by James Niefer. Zoning Board of Appeals Minutes of June 20, 2011 Final RESOLVED, that in regards to the appeal of Ithaca College, requesting a modification of ZB Resolution No. 2010-014, that this Board makes a negative determination of environmental significance for the reasons stated in the Part 11 environmental assessment form prepared by Town staff. A vote on the motion resulted as follows: AYES: Sigel, Niefer, Krantz and King NAYS: None. ABSTAIN: None. Motion was carried unanimously. Public Hearing Chairperson Sigel opened the public hearing at 7 : 06 p . m . and invited the public to address the Board . There being no one , he closed the public hearing at 7 : 06 p . m . Chairperson Sigel proposed to re-move ZB Resolution No . 2010-014 with slight modifications. Attorney Brock agreed . Chairperson Sigel asked if the sign would be installed in the same location . Mr. Couture responded that it would be . ® Attorney Brock reviewed the sections of the Code from which variances would be needed . She determined that the same sections of Town Code applied . Attorney Brock asked about the illumination of the sign . Mr. Sciarabba responded that the sign is internally illuminated . All games are held during the day; no night games. Attorney Brock went on to ask if the ad space would be lit and Mr. Couture said that it would not be . Chairperson Sigel moved to grant appeal of Ithaca College , using the language from ZB Resolution No . 2010-014 and modifying condition 1 to reference the materials submitted to the Board on June 20 , 2011 . Seconded by Ron Krantz . Vote—cu . ZB RESOLUTION 2011 -032: Sian Variance, Ithaca College, 953 Danby Rd (130 Flora Brown Dr), Tax Parcel No. 41.= 1-30.2 MOTION made by Kirk Sigel, Seconded by Ron Krantz. Resolved, that this board grants the appeal of Ithaca College, requesting variances from the requirements of Chapter 221 , Sections: 2214A (7), 221 -6A (2), 221 -6A ( 1)(a), 221 -8A (2), 221 -8A (6), and 221 -BCDE to be allowed to construct and replace a new scoreboard at Kostrinsky Field, 130 Flora Brown Dr, Tax Parcel No. 41 . 4 -30. 2, Medium Density Residential Zone, based upon the following: Findings: Page 2 of 10 Zoning Board of Appeals Minutes of June 20, 2011 Final 1 . The benefit cannot be achieve by any other means because the college needs a bigger scoreboard, 2. That there is no real undesirable change in the neighborhood character or to nearby properties since the scoreboard cannot be seen from Route 96B or adjacent properties, 3. The request is moderately substantial because it is a bigger scoreboard, but it is not a problem, 4. The request will not have any adverse physical or environmental affects, 5. The need for a variance should be seen as self-created since the college proposes to replace an existing scoreboard sign that is allowed without a permit, which predates the current Sign Ordinance, but that again does not really create any reason to deny the request, and 6. That this Board finds that the benefit to the applicant outweighs the detriment to the health, safety, and welfare of the community. Condition: 1 . That the scoreboard be built as shown on the applicant's materials submitted to the Zoning Board of Appeals at its June 20, 2011 meeting. A vote on the motion resulted as follows. AYES: Sigel, Krantz, Niefer, and King. NAYS: None. Motion passed unanimously. Appeal of Lawrence lacovelll , owner, requesting variances from the requirements of Chapter 270, Section 270-82C "Yard Regulations" of the Town of Ithaca Code to be permitted to maintain insufficient side yard setbacks located at 167 Kendall Ave, Tax Parcel No. 54.4-25.2, High Density Residential. Larry and Mark lacovelli appeared before the board . Chairperson Sigel commented that the variance seemed straightforward . He noted that the request is for slightly more than a 1 foot reduction from the required setback at one corner of the house . Chairperson Sigel stated that this was a subdivision that has been approved by the Planning Board . He then asked Mr. lacovelli if there was anything he would like to add ; Mr. lacovelli did not. 40 Page: 3 of 10 Zoning Board of Appeals Minutes of June 20, 2011 Final Mr. Krantz commented that one foot is pretty negligible . Chairperson Sigel agreed and went on to say that the high density zone only requires a 10 foot setback. Mr. Larry lacovelli commented that there is plenty of room in the rear of the lot. Chairperson Sigel asked if they planned to build on the 2 new parcels . Mr . Larry lacovelli responded that he was correct. Chairperson Sigel followed up by asking if the homes to be built would comply with Zoning . Mr. lacovelli responded that the homes would be compliant. Mr. Bates stated that there is a concrete wall on the property and wondered if it would stop at the property line . Attorney Brock explained that it was discussed at the Planning Board meeting and that their resolution requires an encroachment agreement. Mr. Niefer asked if the concrete pad was addressed by the Planning Board as well . Attorney Brock said that it was and that the Planning Board resolution requires that the concrete pad be removed . SEOR Attorney Brock stated that SEQR review was not needed because the Board is considering an individual setback variance , which is a Type II action not subject to SEQR . ® Public Hearing Chairperson Sigel opened the public hearing at 7 : 15 p . m , and invited the public to address the Board . There being no one , he closed the public hearing at 7 : 15 p . m . Chairperson Sigel moved to grant the appeal of Larry lacovelli to be permitted to maintain insufficient side yard setbacks located at 167 Kendall Ave , with conditions on the setbacks and finding that all the criteria for an area variance had been satisfied , specifically listing how each criterion was met. Seconded by Mr. Niefer. Vote—cu , ZBA RESOLUTION NO. 2011 -033: Area Variance. Lawrence lacovelli, 167 Kendall Ave, Tax Parcel No. 54.=4-25.2 MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED, that this Board grants the appeal of Lawrence lacovelli, requesting a variance from the requirements of Chapter 270, Section 270-82C "Yard Regulations" of the Town of Ithaca Code, to be permitted to maintain insufficient side yard setbacks located at 167 Kendall Ave, Tax Parcel No. 54. -4-25.2, High Density Residential2,one, based upon the following: Conditions: 1 . That the setback be no less than 8. 5 feet, and Page 4 of 10 Zoning Board of Appeals Minutes of June 20 , 2011 Final 2. That there be no further buildings or structures built within the required 10 foot setback. Findings: That the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community, specifically: 1 . That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given the applicant's desire to subdivide the property and create fully legal new lots, it would appear that he needs to have a slight variance on the existing house at 167 Kendall Ave, 2. That there will not be an undesirable change to neighborhood character or nearby properties given the fact that the setback variance is very minor and all other aspects of the existing and new parcels are anticipated to be fully compliant with zoning, 3. That the request is not substantial being approximately a little bit over one foot encroachment into a required 10 foot setback, 4. That the request will not have adverse physical or environmental affects given that it involves an existing house and no new building related to the variance request, and 5. That while the alleged difficulty is self-created, being the applicant wishes to subdivide his parcel, that never-the-less, the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community. A vote on the motion resulted as follows: AYES: Sigel, Niefer, Krantz and King NAYS: None. ABSTAIN: None. Motion was carried unanimously. Appeal of ACP Properties, owner, Marc Purdy, agent, requesting a variance from this requirements of Chapter 221 , Section 221 -7C(4) " Business and Industrial Districts Signs" of the Town of Ithaca Code to be permitted to replace an existing freestanding sign that is located in the rear yard of the property and within the required 15 foot setback from the edge of the pavement located at 1018 Ellis Hollow Road , Tax Parcel No. 62.-2-13. 1 , Community Commercial . ® Marc Purdy appeared before the Board . Chairperson Sigel stated that request is to replace an existing sign . The new sign is larger, but still within the allowable square footage . Mr. Purdy noted that the new sign is not that much larger than the current sign Page 5 of 10 Zoning Board of Appeals Minutes of June 20, 2011 Final when you take into the consideration the portions of the current sign that have fallen down . Chairperson Sigel noted that the sign will be located in the rear yard . Mr. Purdy explained that when the building was built, there was not a road behind it to make it the front yard . The rear yard was the front yard at one point. Chairperson Sigel commented that the parcel did not have road frontage at one point, just parking lot frontage . Mr. Purdy agreed . Mr. Krantz asked if the flood light would be on 24 hours a day. Mr. Purdy responded that there is a current floodlight, but he was going to install the sign without a light for now. The Board reminded Mr. Purdy that any lighting of the sign would need to comply with the outdoor lighting law. Chairperson Sigel asked how far the sign was from the pavement. It is 9 feet from the driveway and 7 feet from the property line . Mr. Niefer commented that it is a nice improvement to the sign . Mr. Purdy agreed that a new sign was long overdue . SEAR Attorney Brock made corrections to Part I of the EAF. The language for number 11 was modified to read , "Yes . Sign Permit. " Chairperson Sigel moved to make a negative determination of environmental significance based upon the information in Part I and for the reasons stated in Part II of the EAF prepared by Town staff. Mr. Krantz seconded . Vote—carried unanimously. ZB RESOLUTION NO. 2011 -034: Environmental Assessment, ACP Properties of Ithaca, LLC, 1018 Ellis Hollow Rd, Tax Parcel No. 62. -2- 13. 1 MOTION made by Kirk Sigel, Seconded by Ron Krantz. RESOLVED, in regards to the appeal of ACP Properties, that this Board makes a negative determination of environmental significance based upon the information in Part I of the environmental assessment form and for the reasons stated in Part 11 of the environmental assessment form prepared by Town staff. A vote on the motion resulted as follows: AYES: Sigel, Niefer, Krantz and King NAYS: None, ABSTAIN: None. Motion was carried unanimously. Page 6 of 10 Zoning Board of Appeals Minutes of June 20, 2011 Final � Public Hearing Chairperson Sigel opened the public hearing at 7 : 26 p . m . and invited the public to address the Board . There being no one , he closed the public hearing at 7 : 26 p . m . Chairperson Sigel moved to grant the appeal of ACP Properties , to be permitted to replace an existing freestanding sign that is located in the rear yard of the property and within the required 15 foot setback from the edge of the pavement located at 1018 Ellis Hollow Road with conditions on setbacks and finding that all criteria for a sign variance had been satisfied , specifically listing how each criterion was met . Mr. Krantz seconded . Vote—cu . ZB RESOLUTION NO. 2011 =035. Sign Variance, ACP Properties of Ithaca. LL C, 1018 Ellis Hollow Rd. Tax Parcel No. 62. 443. 1 MOTION made by Kirk Sigel, seconded by Ron Krantz RESOLVED, that this Board grants the appeal of ACP Properties, owner, Marc Purdy, agent, requesting a variance from the requirements of Chapter 221 , Section 221 - 7'C(4) "Business and Industrial District Signs" of the Town of Ithaca Code to be permitted to replace an existing. freestanding sign that is located in the rear yard of the property and within the required 15 foot setback from the edge of the pavement located at 1018 Ellis Hollow Rd, Tax Parcel No. 62. -2- 13. 1 , Community Commercial, with the following: Conditions: 1 . That the sign be located no less than 8 feet from the driveway pavement and no less than 6 feet from the East Hill Plaza parking lot pavement, 2. That the sign be built substantially as shown on the applicant's plans as submitted to this Board at its June 20, 2011 meeting, 3. That the proposed lighting for the sign shall comply with all applicable sections of the Town of Ithaca Outdoor Lighting Law, and 4. That the applicant must obtain a sign permit prior to installing the new sign. Findings. That the benefit to the applicant does outweigh any detriment to the health safety and welfare of the community, specifically: 1 . That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given that the applicant's business now technically faces the rear of his property, he needs to have a sign in the rear yard for prospective clients to see it, Page 7 of 10 Zoning Board of Appeals Minutes of June 20, 2011 Final 2. That there will not be an undesirable change to neighborhood character or to nearby properties given that a sign has existed in this location for many years and the sign, while larger, is still well within the allowed size of signs for this zone, 3. That the request is not substantial given that the size is well within the allowed size and the setbacks from the pavement are still very reasonable given the position of this property within the entire East Hill Plaza complex, 4. That the request will not have adverse physical or environmental affects for the reasons stated in the environmental assessment form, and 5. That the alleged difficulty in this case is not self-created given that at one point this was the front of the applicant's property and because of the construction of a road on the other side of the property it has since become the rear of this property. A vote on the motion resulted as follows: AYES: Sigel, Niefer, Krantz and King NAYS: None. ABSTAIN: None. Motion was carried unanimously. Agenda Item : Consider recommendation to the Town Board regarding proposed local law pertaining to garages and accessory buildings Chairperson Sigel asked if the Town Board would want the Zoning Board ' s recommendation on this version or if they should wait to see if the law is changed significantly. Mr. Bates stated that the Board should make their recommendations and then the Codes and Ordinances Committee would be able to review the comments when they look at the law again . Attorney Brock was not sure if the Town Board would have a new round of recommendations from the Planning Board and Zoning Board after it is reviewed by Codes and Ordinances Committee again . Chairperson Sigel said that he emailed his comments to Attorney Brock and Mr. Bates , Mr. King asked if under the garage definition , could it be vehicles or does it have to be motor vehicles . Attorney Brock clarified that a garage is designed for the primary use for motor vehicles , but other things can be stored in it. Chairperson Sigel commented that people design storage buildings with roll up doors . The Board went on to discuss accessory buildings versus garages and what is permitted by Code . Chairperson Sigel commented that he did not realize that garages did not have setback requirements . Mr. Bates explained that the law incorporates NYS standards and the State does not require setbacks . Page 8 of 10 Zoning Board of Appeals Minutes of June 20, 2011 Final Mr. Krantz gave examples of three different cases that were before the Zoning Board of Appeals that would create problems for the law. Attorney Brock stated that COC tried to relax the definition of garages without opening up more questions . On page 2 of the proposed law, Chairperson Sigel questioned why garage height limits were less than those of an accessory building . Mr. Bates responded that the committee wanted to prevent garages from being really tall and blocking the view of the lake from the road . Chairperson Sigel asked if garages could occupy any yard of the lakefront zone and if garages were allowed in the front yard of any zone . Mr. Bates believed that they were . He explained that a lot of the language in the proposed law was taken out of the Code . Setback requirements would still need to be met. Chairperson Sigel questioned if garages were allowed in the front yard previously. He said that the Board has seen a couple variances over the years for detached garages in the front yard . Mr. Bates thought that it was the consensus of COC members was to make garages more lenient than it currently is . Chairperson Sigel went on to express his concern with regard to allowing garages in the front yard . He said that there are many cases where detached garages encroach .a little bit into the front yard and look fine . If garages are permitted in the front yard , then garages can be placed anywhere in the front yard . He did not think that was in character with existing neighborhoods . Chairperson Sigel understood that the west side of the lake was a special case and most of the time garages could only be placed in the front yard . He thought the east shore was more like a residential setting and it would look weird to have a garage in the front yard (given the lot was large enough for a garage) . Chairperson Sigel recommended that garages be permitted in the front yard of the lakefront zone , but not the other zones . He stated that there are situations where the lot is large and the house is setback far; a garage in the front yard would look perfectly normal in that situation . The Board would presumably grant a variance for that without any problem . Chairperson Sigel commented that there is a restriction on the total percentage of rear yard coverage . He wondered if things were to be allowed in the front yard , should there be a percentage of front yard coverage that is allowable ? Mr. Niefer asked if accessory buildings were permitted in the front yard . Mr. Bates said that they were not. Chairperson Sigel stated that if the Board is recommending that garages not be allowed in the front yard , then percentage of lot coverage in the front yard is a moot point. Attorney Brock asked if Chairperson Sigel wanted to recommend a percent of lot coverage for side yards . Chairperson Sigel was not sure . He thought it would be at Page 9 of 10 Zoning Board of Appeals Minutes of June 20, 2011 Final hard number to figure out because side yards tend to be small already; he didn't feel strongly about it. Chairperson Sigel solicited additional comments from the Board . There were none . Chairperson Sigel stated that the Zoning Board ' s recommendation to the Town Board would be the contents of the minutes . Discussion of 2011 NYSPF Annual Conference Chairperson Sigel asked if the Town had monies for members to attend . Mr. Bates said that there was money in the budget. Chairperson Sigel said that he was planning to attend the annual meeting . He explained that the annual conference is in October and is located in Albany this year. The conference satisfies the training requirement. Chairperson Sigel has gone every other year in recent years and it covers his training requirements for two years . Board members interested in attending training sessions should contact Codes staff. Other Business Mr. King mentioned that he would not be able to attend the July meeting . Adjournment With no other business, Chairperson Sigel adjourned the June 20 , 2011 meeting of the Town of Ithaca Zoning Board of Appeals at 7 : 56 p . m . K rk Sigel , Chairperson Camwill Carrie Coat Whitmore , Deputy Town Clerk Page 10 of 10 FILE DATE: /' � ® ADOPTED RESOLUTION ZB RESOLUTION NO. 2011 -031 Environmental Assessment Ithaca College 953 Danby Rd (130 Flora Brown Dr) Tax Parcel No. 41 .-1 -30.2 June 20, 2011 MOTION made by Kirk Sigel , Seconded by James Niefer. RESOLVED , that in regards to the appeal of Ithaca College , requesting a modification of ZB Resolution No . 2010 -014 , that this Board makes a negative determination of environmental significance for the reasons stated in the Part II environmental assessment form prepared by Town staff. A vote on the motion resulted as follows : AYES . Sigel , Niefer, Krantz and King NAYS : None . ABSTAIN : None . Motion was carried unanimously. ® STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA. I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 20th day of June , 2011 . . 1 Deputy Town_C rk Town of Ithaca FILE � ADOPTED RESOLUTION ZB RESOLUTION 2011 =032 DATE _ Sign Variance Ithaca College 953 Danby Rd (130 Flora Brown Dr) Tax Parcel No. 41 .-1 -30. 2 June 20 , 2011 MOTION made by Kirk Sigel , Seconded by Ron Krantz . Resolved , that this board grants the appeal of Ithaca College , requesting variances from the requirements of Chapter 221 , Sections : 221 -4A(7) , 221 -6A(2) , 221 -6A( 1 ) (a) , 221 -8A(2) 9 221 -8A(6) , and 221 -8CDE to be allowed to construct and replace a new scoreboard at Kostrinsky Field , 130 Flora Brown Dr, Tax Parcel No . 41 . - 1 -30 . 2 , Medium Density Residential Zone , based upon the following : Findings : 1 . The benefit cannot be achieve by any other means because the college needs a bigger scoreboard , 2 . That there is no real undesirable change in the neighborhood character or to nearby properties since the scoreboard cannot be seen from Route 96B or adjacent properties , 3 . The request is moderately substantial because it is a bigger scoreboard , but it is not a problem , 4 . The request will not have any adverse physical or environmental affects , 5 . The need for a variance should be seen as self-created since the college proposes to replace an existing scoreboard sign that is allowed without a permit, which predates the current Sign Ordinance , but that again does not really create any reason to deny the request, and 6 . That this Board finds that the benefit to the applicant outweighs the detriment to the health , safety, and welfare of the community. Condition : 1 . That the scoreboard be built as shown on the applicant' s materials submitted to the Zoning Board of Appeals at its June 20 , 2011 meeting . ZB RESOLUTION NO, 2011 -032 PAGE 2 A vote on the motion resulted as follows : • AYES : Sigel , Krantz, Niefer, and King . NAYS : None . Motion passed unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 20th day of June 2011 . Deputy Town-Clerk Town of Ithaca • FILE DATE ADOPTED RESOLUTION ZBA RESOLUTION NO . 2011 =033 Area Variance Lawrence lacovelll 167 Kendall Ave Tax Parcel No. 54.4-25. 2 June 20, 2011 MOTION made by Kirk Sigel , seconded by James Niefer. RESOLVED , that this Board grants the appeal of Lawrence lacovelli , requesting a variance from the requirements of Chapter 270 , Section 270-82C "Yard Regulations" of the Town of Ithaca Code , to be permitted to maintain insufficient side yard setbacks located. at 167 Kendall Ave , Tax Parcel No . 54. -4-25 . 2 , High Density Residential Zone , based upon the following : Conditions: 1 . That the setback be no less than 8 . 5 feet, and 2 . That there be no further buildings or structures built within the required 10 foot setback. ® Findings : That the benefit to the applicant does outweigh any detriment to the health , safety, and welfare of the community, specifically: 1 . That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given the applicant's desire to subdivide the property and create fully legal new lots , it would appear that he needs to have a slight variance on the existing house at 167 Kendall Ave , 2 . That there will not be an undesirable change to neighborhood character or nearby properties given the fact that the setback variance is very minor and all other aspects of the existing and new parcels are anticipated to be fully compliant with zoning , 3 . That the request is not substantial being approximately a little bit over one foot encroachment into a required 10 foot setback, 4 . That the request will not have adverse physical or environmental affects given that it involves an existing house and no new building related to the variance request, and ZB RESOLUTION NO. 2011 -033 Page 2 of 2 5 . That while the alleged difficulty is self-created , being the applicant wishes to • subdivide his parcel , that never-the- less , the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community. A vote on the motion resulted as follows : AYES : Sigel , Niefer, Krantz and King NAYS : None . ABSTAIN : None . Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 20th day of June , 2011 . Deputy Town'-Clerk • Town of Ithaca • FILE _ DATE ADOPTED RESOLUTION ZB RESOLUTION NO . 2011 =034 Environmental Assessment ACP Properties of Ithaca, LLC 1018 Ellis Hollow Rd Tax Parcel No. 62 .=2-13 . 1 June 20, 2011 MOTION made by Kirk Sigel , Seconded by Ron Krantz . RESOLVED , in regards to the appeal of ACP Properties , that this Board makes a negative determination of environmental significance based upon the information in Part I of the environmental assessment form and for the reasons stated in Part II of the environmental assessment form prepared by Town staff . A vote on the motion resulted as follows : AYES : Sigel , Niefer, Krantz and King NAYS : None . ABSTAIN : None . Motion was carried unanimously. ® STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 20th day of June , 2011 . r/vtio Deputy Town Glerk Town of Ithaca FILE i DAT ADOPTED RESOLUTION ZB RESOLUTION NO . 2011 =035 Sign Variance ACP Properties of Ithaca, LLC 1018 Ellis Hollow Rd Tax Parcel No. 62.-2-13. 1 June 20 , 2011 MOTION made by Kirk Sigel , seconded by Ron Krantz RESOLVED , that this Board grants the appeal of ACP Properties , owner, Marc Purdy, agent, requesting a variance from the requirements of Chapter 221 , Section 221 -7C (4) "Business and Industrial District Signs" of the Town of Ithaca Code to be permitted to replace an existing freestanding sign that is located in the rear yard of the property and within the required 15 foot setback from the edge of the pavement located at 1018 Ellis Hollow Rd , Tax Parcel No , 62 . -2- 13 . 1 , Community Commercial , with the following : Conditions : 1 . That the sign be located no less than 8 feet from the driveway pavement and no less than 6 feet from the East Hill Plaza parking lot pavement, 2 . That the sign be built substantially as shown on the applicant's plans as submitted to this Board at its June 20 , 2011 meeting , 3 . That the proposed lighting for the sign shall comply with all applicable sections of the Town of Ithaca Outdoor Lighting Law, and 4 . That the applicant must obtain a sign permit prior to installing the new sign . Findings : That the benefit to the applicant does outweigh any detriment to the health safety and welfare of the community , specifically : 1 . That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given that the applicant's business now technically faces the rear of his property, he needs to have a sign in the rear yard for prospective clients to see it, 2 . That there will not be an undesirable change to neighborhood character or to nearby properties given that a sign has existed in this location for many years and the sign , while larger, is still well within the allowed size of signs for this zone , ZB RESOLUTION NO. 2011 -035 Page 2of2 3 . That the request is not substantial given that the size is well within the allowed size and the setbacks from the pavement are still very reasonable given the position of this property within the entire East Hill Plaza complex, 4 . That the request will not have adverse physical or environmental affects for the reasons stated in the environmental assessment form , and 5 . That the alleged difficulty in this case is not self-created given that at one point this was the front of the applicant' s property and because of the construction of a road on the other side of the property it has since become the rear of this property . A vote on the motion resulted as follows : AYES : Sigel , Niefer, Krantz and King NAYS : None , ABSTAIN : None . Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA. I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 20th day of June , 2011 . C _ Deputy Town-GQdrk Town of Ithaca TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Carrie Coates Whitmore , being duly sworn , say that I a Deputy Town Clerk of the Town of Ithaca , Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : PUBLIC HEARING TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, June 20 , 2011 7 : 00 P . M . Date of Publication : Friday , June 10 , 2011 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board 215 North Tioga Street J Ithaca , NY 14850 Date of Posting : Wednesday , June 8 , 2011 Carrie Coate! W - itmore Deputy Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 10th day of June , 2011 N tarry Public Debre DeAugistine ® _ Notary Public - State of New York No. 01DE6148035 Oualified in Tompkins County My Commission Expires June 19, 2d / i. I I Friday, June 10, 2011 The Ithaca Journal Cegals, r� 050 TOWN OF ITHACA. ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS I Monday, June 20, 2011 215 North Tioga ' Street, Ithaca 7:00 P.M. iAPpeal of Ithaca College, owner, Rick Couture, Agent, requesting modifica- tion of ZB Resolution No. 2010-014, P Condition 1 , I "That the scoreboard be built as shown in the appli cation materials", granted June 21 , 2010 to be peri mitted to construct a re-) placement scoreboard . at Kostrinsky Field located at 130 Flora Brown Dr, Tax Parcel No. 41 .- 1 -30.2, Me-, dium Density Residential. ' Appeal of, Lawrence lacovelli, owner, requesting: variances from the require ments of Chapter 270, ! Section 270-82C "Yard Regulations" of the Town of! Ithaca Code to be permit- ted to maintain insufficient side yard setbacks located: at 167 Kendall Ave, Taxi Parcel No. 54.-4-25.2, High ' Density Residential. Appeal of ACP Proper-; ties. owner, Marc Purdy, l agent, requesting a var lance from the require- ments of Chapter 221 ,! i Section 221 -7C(4) "Buss-! ness and Industrial Districts Signs" of the Town of Itha- ca Code to be permitted to replace an existing free-' standing sign that is locatJ { ed in the rear yard of the I property and within the re-f quired 15 foot setbacks from the edge of the pave ment located at 1018 Ellisl Hollow Road, Tax Parcel No. 62.-2-13. 1 , Community Commercial. Assistance,will be provided for individuals with special needs, upon request. Re- , . . quests should be made not less than 48 hours prior tol the public hearings. _ Bruce W. Bates - Director of Code Enforce- ment 't&ItvtLAt4aLA f =fY ?V 607-273-1783 IWY WaW to &%ta - 3iidt lq 1(tfi}b Dated: June 8, 2011 • Mat ta3at0 .ab9 !6i10i2011 ytt�uo�7 a:rinyrnciJ' n; b3iliSr.:13® - t}LS ,Llr nnIUL V311gX3 nniazinimoo 'V- Affidavit of Service by Mail Zoning Board of Appeals Meeting 06/20/2011 e Coates Whitmore, Deputy Town Clerk Town of Ithaca Sworn to before me this Oh day of May 2011 . I - — L Not ry Public Debra DeAugistine Notary Public - State of New Yok No. 01DE6148035 Qualified in Tompkins County My Commission Expires June 18, 20 2 AFFIDAVIT OF SERVICE BY MAIL 16TE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) I, Carrie Coates Whitmore, being duly sworn, deposes and says, that deponent is not a party to the actions, is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca, New York. That on the 10"' day of June 2011 , deponent served the within Notice upon the property owners of the following Tax Parcel Numbers : **130 Flora Brown Dr, Ithaca College Kostrinsky Field Scoreboard Replacement Ayman Abbad Savino and Patricia Ferrara William and Anna Larsen 993 Danby Rd 979 Danby Rd 1005 Danby Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Deborah Sue Martin Evan Monkemeyer Gina Parker 983 Danby Rd 123 King Rd E PO Box 4524 Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14852 Prague 4 LLC Tompkins County IDA Rick Couture, PO Box 545 PO Box 4860 Associate Vice President Skaneateles, NY 13152 Ithaca, NY 14852 Ithaca College 103 Farm Pond Rd Ithaca, NY 14850 *x` 167 Kendall Ave, Area Variances Louis Bonanni David and Ann Bowlsby Jeffrey and Constance Burness 148 Coddington Rd 2080 Elmira Rd 185 Kendall Ave Ithaca, NY 14850 Newfield, NY 14867 Ithaca, NY 14850 Nan-Chung Chang & Hewi-Shu Jung City of Ithaca Ronald Hart 45 Penny Ln 108 E Green St 152 Kendall Ave Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Heritage Park Townhouses, Inc Beth Hilker Willis and James Hilker 680 Ridge Rd 168 Kendall Ave 277 Burns Rd Lansing, NY 14882 Ithaca, NY 14850 Ithaca, NY 14850 Willis & Shirley Hilker James & Antoinette Iacovelli Jeffrey Iacovelli PO Box 143 243 Pennsylvania Ave 136 Troy Rd Brooktondale, NY 14817 Ithaca, NY 14850 Ithaca, NY 14850 Orlando Iacovelli Rosaire Karij Robert & Lida Martin 347 Coddington Rd 193 Kendall Ave 180 Kendall Ave Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Royal & Kathleen Murray Therm, Inc Darryl Thompson 0 2 Midland St PO Box 220 7 Wimbledon Ct yrhills, FL 33542 Ithaca, NY 14850 White Plains, NY 10607 Sam Trechter Lawrence & Trinna Iacovelli Ed Mazza, Esq 137 Kendall Ave 124 Compton Rd Mazza & Mazza Law Ithaca, NY 14850 Ithaca, NY 14850 307 N Tioga St Ithaca, NY 14850 ***1018 Ellis Hollow Rd, Sign Variance ACP Properties of Ithaca, LLC Cornell FCU Cornell University 1018 Ellis Hollow Rd 1030 Craft Rd PO Box DH Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14853 Cornell University Cornell University Ellis Hollow LLC 1 Technology PI 255 Spring St 183 East Main St hast Syracuse, NY 13057 Sayre, PA 18840 Rochester, NY 14604 Janivar Inc Town of Ithaca Summer Hill Dr, Suite 222 215 N Tioga St Ithaca, NY 14850 Ithaca, NY 14850