HomeMy WebLinkAboutZBA Special Approval 3/25/2002 TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, MARCH 25, 2002
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,March 25,
2002, in Town Hall,215 North Tioga Street,Tioga Street Entrance, Ithaca,NY, COMMENCING AT 7:00
P.M.,on the following matters:
APPEAL of Orlando Iacovelli, Owner/Appellant,Edward Mazza,Esquire,Agent,requesting a special
permit under Article III; Section 9 of the Town of Ithaca Zoning Ordinance,to permit the occupancy of a
two-family residence by up to six unrelated people at 271 Pennsylvania Avenue,Town of Ithaca Tax
Parcel No. 54-6-7,Residence District R-9.
APPEAL of Alan Falk,Owner/Appellant,Richard Hautaniemi,RA,Agent requesting a variance from the
requirements of Article IV, Section•14 and 16 of the Town of Ithaca Zoning Ordinance and Section 280a
of New York State Town Law to permit the modification of a second dwelling unit and the enlargement of
the existing two-family residence,that does not have building frontage on'a Town, County, or State
highway located at 501 Warren Road,Town of Ithaca Tax Parcel No. 70-1-42,Residence District R-15.
An authorization from the Zoning Board of Appeals under Article XII, Section 54 may also be requested as
the property is non-conforming with current regulations.
APPEAL of Patricia Pullman,Tompkins Trust Company,Appellant/Agent requesting a variance from the
requirements of Article IV, Section 14 and 16 and Article XIII, Section 57 of the Town of Ithaca Zoning
Ordinance, to permit an existing non-conforming single-family residence with a deficient south side yard
building setback and a deficient building lot width, to be modified with the addition of a second dwelling
unit within said building located at 985 Taughannock Boulevard,Town of Ithaca Tax Parcel No. 21-2-28,
Residence District R-15. An authorization from the Zoning Board,under Article XII, Section 54 to permit
said addition may also be requested.
APPEAL of the Coddington Road Community Center,Appellant,Anne Morrissette and Claudia Brenner,
RA,Agents,requesting a special approval under Article V, Section 18 and Article XII, Section 54 of the
Town of Ithaca Zoning Ordinance, to be permitted to enlarge an existing non-conforming day care center
by 1,900+square feet located at 920 Coddington Road,Town of Ithaca Tax Parcel No.47-1-11.3;
• Residence District R-30.
APPEAL of JMS Realty, Owner/Appellants,Integrated Acquisition and Development Corporation/Herman
Sieverding,Agent,requesting modifications to previously granted approvals for the College Circle
Apartments from January 24, 1990 and variances from Article VI, Section 26 and 29,and Article XIII,
Section 65 of the Town of Ithaca Zoning Ordinance, to permit an increase in the number of persons
allowed to reside in said apartments and to allow for vehicular parking variations at 1033 Danby Road,
Town of Ithaca Tax Parcel No. 43-1-2.2 and 2.3 in a Multiple Residence Zone.
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: March 14, 2002 •
Published: March 18, 2002
TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY, MARCH 25, 2002
7:00 P.M.
PRESENT: Kirk Sigel, Chairperson; Harry Ellsworth, Board Member; James Niefer, Board Member;
Andy Frost, Director of Building/Zoning; John Barney, Attorney for the Town (7:36'p.m.); Mike Smith,
Environmental Planner.
EXCUSED: David Stotz, Board Member; Ronald Krantz, Board Member.
ALSO PRESENT: Alan Falk, 501 Warren Road; Bill Seldin, 120 Northview Road; Pat Pullman,
Newfield; Mark Wheeler, 102 Woolf Lane; Richard Hautaniemi, Groton;-Lisa Kerslake, 40 Dart Drive;
Herman Sieverding, Integrated Acquisition & Design; Anne Morrissette, Coddington Road Community
Center; Orlando lacovelli, 271 Pennsylvania Avenue; Ed Mazza, Mazza & Mazza Law Firm; Tim &
Tom Colbert, Integrated Acquisition & Design; Phil Perjanski, Integrated Acquisition & Design; Tom
Salm, Vice President Ithaca College.
Chairperson Sigel called the meeting to order at 7:12 p.m.
The first appeal to be heard was as follows:
APPEAL of Orlando lacovelli, Owner/Appellant, Edward Mazza, Esquire, Agent, requesting a special
permit under Article III, Section 9 of the Town of Ithaca Zoning Ordinance, to permit the occupancy of
a two-family residence by up to six unrelated people at 271 Pennsylvania Avenue, Town of Ithaca
Tax Parcel No. 54-6-7, Residence District R-9.
Mr. Ellsworth - Lets shorten this. How is this different from the other one you did?
Ed Mazza, Mazza & Mazza Law Firm - Not at all.
Mr. Ellsworth - Do we have to go through all of this?
Mr. Frost - I think you probably should for the public.
Chairperson Sigel - I think if you could give just a brief overview of what you are asking for.
Mr. Mazza - Mr. lacovelli has a house that is situated on two of the Ithaca Land Track lots and he has
an adjoining Ithaca Land Track lot. The request is that he gets a special permit to be able to occupy
the house by up to six unrelated persons. The theory being that he could build on the other lot a
single-family home and have three unrelated people living there and three in this one for a total of six.
So he is just going to be doing this under a grant of restrictive covenants so that he could never build
on the other lot. It is a few hundred feet from where Jim lacovelli was in during January for the same
exact request. A few hundred from where Mr. Livitsky had a similar, but not exactly the same
approval some time ago.
Chairperson Sigel - Are you proposing the same restriction as his brother?
ZONING BOARD OF APPEALS
MARCH 25,2002 MINUTES
APPROVED
Mr. Mazza - Yes, we are. Although, I've got to say that I gave Mr. Barney those proposed covenants
in January and I haven't heard from him to be honest with you. But I would propose the same thing.
We've done those many times in the past on similar requests over the years, the last 20 years.
Mr. Frost - Are you proposing to consolidate 54.-6-6 into 54.-6-7?
Mr. Mazza - Into one tax parcel.
Mr. Frost - The board may or may not have this handout of the tax parcel. Just so we're clear when
looking at the survey map, this is going to be consolidated with this.
Mr. Mazza - Yes. This one next to the yellow one will be consolidated into one tax parcel.
Chairperson Sigel - Is that what we agreed upon with Mr. lacovelli's brother?
Mr. Mazza - Yes, it was.
Mr. Frost - Did he consolidate?
Mr. Mazza - I don't know if he has yet because we haven't gotten the restrictive covenants done, but
that was the idea, yes.
Chairperson Sigel - Okay. Any questions from the board?
Mr. Niefer - Is there going to be room for six off street parking there.
Mr. Mazza - There is.
Mr. Niefer - How is this presently occupied? How many people are living there now?
Mr. Mazza - There are six.
Mr. Niefer- Has there been or will there be a Certificate of Occupancy issued for this property?
Mr. Frost - Should the board approve this, we could do that. We haven't. Unless you request it, there
is no building permit involved. We wouldn't automatically issue a certificate.
Mr. Ellsworth - I think there was some wording John wanted, but maybe that is what you are trying to
work out.
Mr. Mazza - I haven't heard from him so I don't know.
Mr. Ellsworth - That is what I recall from the other meeting.
Mr. Frost - Any motions that are made can be made with the condition that those restrictive covenants
be approved by the Town Attorney.
2
ZONING BOARD OF APPEALS
MARCH 25,2002 MINUTES
APPROVED
AYES: Sigel, Ellsworth, Niefer.
NAYS: None.
The motion was declared to be carried unanimously.
Chairperson Sigel - Any further questions or discussions? If not, I'm going to make an identical
motion to the motion that we made in the case of James lacovelli.
RESOLUTION NO. 2002-6- Orlando lacovelli, 271 Pennsylvania Avenue, Tax Parcel No. 54.-6-7,
March 25, 2002.
MOTION made by Kirk Sigel, seconded by James Niefer.
RESOLVED, that this board grants the appeal of Orlando lacovelli, requesting a special permit under
Article III, Section 9 of the Town of Ithaca Zoning Ordinance, to permit the occupancy of a two-family
residence by up to six unrelated people at 271 Pennsylvania Avenue, Town of Ithaca Tax Parcel No.
54. -6-7, Residence District R-9, based upon the following:
Finding:
a. The conditions of Article XIV, Section 77, Subsection 7, Subparagraphs a-h have been met.
Conditions:
a. The adjacent parcel, tax parcel number 54.-6-6, be consolidated with tax parcel number 54.-6-
7.
b. The combined single lot is allowed occupancy of no greater than six unrelated persons.
c. The declaration of Restrictive Covenant, satisfactory to the Attorney for the Town, be recorded
immortalizing that restriction.
d. At such time as the premises are occupied by six persons that parking spaces for at least six
cars off the street be provided on the premises.
e. That all egress from all bedrooms comply with New York State Building Code.
The vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Niefer.
NAYS: None.
The motion was declared to be carried unanimously.
The second appeal to be heard was as follows:
APPEAL of Alan Falk, Owner/Appellant, Richard Hautaniemi, RA, Agent requesting a variance from
the requirements of Article IV, Section 14 and 16 of the Town of Ithaca Zoning Ordinance and Section
280a of New York State Town Law to permit the modification of a second dwelling unit and the
4
ZONING BOARD OF APPEALS
MARCH 25,2002 MINUTES
APPROVED
Mr. Mazza - John and I have worked those out before so I don't think there will be any problem.
Mr. Niefer - Andy, looking at this picture, if this is a two-family house and if the lower level is for one-
family, presumably there is some two or three bedrooms on the ground level. Those windows look
awful small. I don't think I could crawl out of them in case of a fire.
Mr. Frost - On the lower level?
Mr. Niefer- Yeah.
Mr. Frost - I really couldn't comment without seeing it myself. That would also be a condition.
Mr. lacovelli showed where the bedrooms were located.
Mr. Frost - I might suggest to the board that if you were to grant an approval to do so with a condition
that they meet the building code.
Chairperson Sigel opened the public hearing at 7:19 p.m., and asked if any members of the public
wished to be heard. With no persons present to be heard, Chairperson Sigel closed the public
hearing at 7:20 p.m.
ENVIRONMENTAL ASSESSMENT:
Chairperson Sigel - We have an environmental assessment with this appeal. Mike, any comments?
Mr. Smith - Nothing additional to add. It is similar to many others the board has granted in this area.
Chairperson Sigel - Christine kindly attached for us the conditions for defining the definition of a family
unit, but I don't think that is really quite what we are doing here.
Chairperson Sigel - If there are no further questions, would someone like to make a motion on the
environmental assessment?
RESOLUTION NO. 2002-5 ENVIRONMENTAL ASSESSMENT - Orlando lacovelli, 271
Pennsylvania Avenue, Tax Parcel No. 54.-6-7,_March 25, 2002.
MOTION made by Harry Ellsworth, seconded by James Niefer.
RESOLVED, that this board makes a negative determination of environmental significance in the
matter of Orlando lacovelli, requesting a special permit under Article III, Section 9 of the Town of
Ithaca Zoning Ordinance, to permit the occupancy of a two-family residence by up to six unrelated
people at 271 Pennsylvania Avenue, Town of Ithaca Tax Parcel No. 54. -6-7, Residence District R-9,
based upon the environmental assessment completed by Town planning staff dated March 13, 2002.
The vote on the motion resulted as follows:
3
FILE 0r,
DATE ._.3/�R/d--:4
RESOLUTION NO. 2002-5 ENVIRONMENTAL ASSESSMENT - Orlando lacovelli, 271
Pennsylvania Avenue, Tax Parcel No. 54.-6-7, March 25, 2002.
MOTION made by Harry Ellsworth, seconded by James Niefer.
RESOLVED, that this board makes a negative determination of environmental significance in the
matter of Orlando lacovelli, requesting a special permit under Article III, Section 9 of the Town of
Ithaca Zoning Ordinance, to permit the occupancy of a two-family residence by up to six unrelated
people at 271 Pennsylvania Avenue, Town of Ithaca Tax Parcel No. 54. -6-7, Residence District R-9,
based upon the er :ironmental assessment completed by Town planning staff dated March 13, 2002.
The vote on the m. 'on resulted as follows:
AYES: Sigel, Ellsworth, Niefer.
NAYS: None.
The motion was declared to be carried unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA:
I, Carrie Whitmore, Deputy Town Clerk of the Town of Ithaca, New York, do
hereby certify that the attached 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 25th day of March 2002.
(6UUL4 buLA
Deputy Town Clerk
Town of Ithaca
FILE-
DATE G,2—
RESOLUTION NO. 2002-6 - Orlando lacovelli, 271 Pennsylvania Avenue, Tax Parcel No. 54.-6-7,
March 25, 2002.
MOTION made by Kirk Sigel, seconded by James Niefer.
RESOLVED, that this board grants the appeal of Orlando lacovelli, requesting a special permit under
Article III, Section 9 of the Town of Ithaca Zoning Ordinance, to permit the occupancy of a two-family
residence by up to six unrelated people at 271 Pennsylvania Avenue, Town of Ithaca Tax Parcel No.
54. -6-7, Residence District R-9, based upon the following:
Finding:
a. The conditions of Article XIV, Section 77, Subsection 7, Subparagraphs a-h have been met.
Conditions:
a. The adjacent parcel, tax parcel number 54.-6-6, be consolidated with tax parcel number 54.-6-
7.
b. The combined single lot is allowed occupancy of no greater than six unrelated persons.
c. The declaration of Restrictive Covenant, satisfactory to the Attorney for the Town, be recorded
immortalizing that restriction.
d. At such time as the premises are occupied by six persons that parking spaces for at least six
cars off the street be provided on the premises.
e. That all egress from all bedrooms comply with New York State Building Code.
The vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Niefer.
NAYS: None.
The motion was declared to be carried unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA:
I, Carrie Whitmore, Town Cferk/Deputy Town Clerk of the Town of Ithaca, New York, do
hereby certify that the attached 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 25th day of March 2002.
CCU ,cidwto
Deputy Town Clerk
Town of Ithaca
TOWN OF ITHACA FEE: $100.00
/ .
215 North Tioga Street RECEIVED:
Ithaca,New York 14850
(607)273-1783 CASH- ( )
SPECIAL APPROVAL CHECK- ( 1DH(:� )
to the
Building Inspector/Zoning Enforcement Officer ZONING:
and the
Zoning Board of Appeals For Office Use Only
of the
Town of Ithaca,New York
Having been informed that authorization is required to: occupy a two-family dwelling by six (6)
unrelated people
at 271 Pennsylvania Avenue , Town of Ithaca Tax Parcel No. 54.-6-7 , as shown on the
accompanying application and/or plans or other supporting documents. The Special Approval authorization is requested pursuant
to:
Article(s) III , Section(s) 4(2b) , of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED
respectfully submits this request for Special Approval authorization.
(Additional sheets may be attached as necessary.)
By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my
property to inspect in connection with my application.
Signature of Owner/Appellant: Date:
Signature of Appellant/Agent: E%A J 4 • .7),�.� Z Date: February z , 2002
Print Name Here: Edward A. Mazza 4
Home Telephone Number: Work Telephone Number: 273-6000
NOTE: If construction of work in accordance with any approvals given does not commence within 18 months,the approval
will pxpirp. Your attendance at the meeting is advised.
I)G.c \e`C\E
I
I I I J Town Assigned Project ID Number .
Town of, Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED- ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY
PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
1. Applicant/Sponsor: - 2. Project'Name:
Orlando Iacovelli and Ralph Iacovelli - -
3. Precise location (street address, road Intersections, prominent landmarks, etc. or provide map):
2`71 Pennsylvania Avenue
•
Tax Parcel Number: 54.-6-7 - •
4. Is proposed'action: NEW? EXPANSION? MODIFICATION/ALTERATION?'- x - -
5. Describe project briefly:- (include project purpose, present land-use, current and future
construction plans, and other.relevant items): -
- Applicant has requested a special permit t000ccupy a two=family _dwelling by six (6)
unrelated people. Applicant will agree to encumber a separate contiguous legal building
lot with restrictive•covenants that would prohibit construction on said lot without. the,c
express written approval of the Town of -Ithaca. ' -
(Attach separate sheet(s) If necessary to adequately describe the proposed project.)
6. Amount of land affected: Initially (0-5-yrs) -44 Acres (6-10 yrs) ' : 'Acres (> 10 yrs) ' Acres
7. How Is land zoned presently? - - -
R7,9
8. Will proposed action comply with existing zoning-or other existing land use restrictions? - - -
YES NO If no, describe conflict briefly: As,allowed by special permit
9. Will proposed action lead to a request for new: - - - -
Public Road? YES NO- .x -Public Water? YES . NO ,. Public Sewer?' YES NO x -
10. What is the present land use In the vicinity of the proposed-project? Residential x Commercial
Industrial , Agriculture Park/Forest/Open Space Other -
Please Describe: - -
11. Does proposed action. Involve a-permit, approval, or funding, now or ultimately from any other
governmental agency (Federal, State, Local)? YES , NO x -
If yes, list agency name and permit/approval/funding: -
12. Does any aspect of the proposed action have 'a currently valid permit or approval? -YES NO x
If yes, list-agency name and permit/ap'proval. Also, state whether It will require modification.
I CERTIFY_THAT THE INFORMATION PROVIDED ABOVE IS TRUE-TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor Name (Print or Type): Edward A. Mazza - - - -
Signature: Gl.t Date: Z/2�Z -
1 / Rev. 8/92
A
4
PART II-ENVIRONMENTAL ASSESSMENT(To be completed by the Town;Use attachments as necessary)
A.Does proposed action exceed any Type I threshold in 6 NYCRR,Part 617.12 or Town Environmental Local Law?
YES NO X If yes,coordinate the review process and use the full EAF.
B.Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR,Part 617.6
c
YES NO X If no,a negative declaration may be superseded by another involved agency,if any.
C. Could proposed action result in any adverse effects associated with the following:
(Answers may be handwritten,if legible)
Cl.Existing air quality,surface or groundwater quality,noise levels,existing traffic patterns,solid waste production
and disposal,potential for erosion,drainage or flooding problems? Explain briefly:
None Anticipated.
C2.Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources?Community or
Neighborhood character?Explain briefly:
See Attached.
C3.Vegetation or fauna,fish,shellfish,or wildlife species,significant habitats,unique natural area,wetlands,or
threatened or endangered species?Explain briefly:
None Anticipated.
C4.The Town's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other
natural resources?Explain briefly:
See Attached.
C5.Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly:
None Anticipated.
C6.Long term,short term,cumulative,or other effects not identified in Cl-05?Explain briefly:
None Anticipated.
C7.Other impacts(including changes in use of either quantity or type of energy)Explain briefly:
None Anticipated.
D.Is there,or is there likely to be controversy related to potential adverse environmental impacts?
YES NO X If yes,explain briefly:
E.Comments of staff _X_, CB , other attached.(Check as applicable.)
PART III-DETERMINATION OF SIGNIFICANCE(To be completed by the Town of Ithaca)
Instructions:For each adverse effect identified above,determine whether it is substantial,large,important,or otherwise significant.
Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)
irreversibility;(e)geographic scope,and(f)magnitude. If necessary,add attachments or reference supporting material. Ensure that
the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address.
Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then
proceed directly to the full EAF and/or prepare a positive declaration.
X Check here if you have determined,based on the information and analysis above and any supporting documentation,that
the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as
necessary the reasons supporting this determination. �� �7 (�
Town of Ithaca Zoning Board of Appeals Cil'1i1� 1! �1 , _t
Name of Lead Agency Preparer's Signature(If different from Responsible Officer)
Kirk Sigel,Chairman
Nape& e of Responsible Officer In Lead Agency Signature of Contributing Preparer
DATE: ,3 p 570 a
Signature of Responsible fficer in Lead Agency
PART II-Environmental Assessment:
271 Pennsylvania Ave
Special Approval-allowance of 6 unrelated persons in 2-family home
Zoning Board of Appeals
A. Action is Unlisted.
B. Action will not receive coordinated review.
C. Could action result in any adverse effects on, to, or arising from, the following:
C2. Aesthetic, agriculture, archeological,historic, or other natural or cultural resources, or community or
neighborhood character?
This proposal is for consideration of Special Approval to permit the occupancy of a two-family residence by 6
unrelated people at 271 Pennsylvania Avenue,Town of Ithaca Tax Parcel No. 54-6-7,Residence District R-9. The
Town of Ithaca Zoning Ordinance currently allows one family in each unit of a two-family home. According to the
Zoning Ordinance,two unrelated persons per unit can constitute a family(for a total of four unrelated persons in a two
family structure).
The character of the Pennsylvania Ave/Kendall Ave.has changed considerably in the last 20 years,from
predominantly single family or owner occupied two family homes to almost entirely rental units. Over half of all the
Zoning Board actions on Pennsylvania Ave in the last 20 years involved special permits to increase the occupancy of
these units with more unrelated persons. The result is a dramatic shift from the once quiet residential neighborhood to
a college-minded rental neighborhood. Although the Town of Ithaca Comprehensive Plan has slated this area for
dense,urban style development,the Zoning Board may wish to discuss the impacts of increasing occupancy for what
appears to be college student housing. A potential solution to this issue would be to update the Zoning Ordinance to
require owner-occupancy in the R-9 zone for all single and two-family homes. Please refer to the attached criteria for
determination of what constitutes a"family"under the Town of Ithaca Zoning Ordinance.
C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of land or other
natural resources?
The Town of Ithaca Comprehensive Plan's Anticipated Land Use Map,delineates this area for"Urban Residential."
The proposed Special Approval is in keeping with the Anticipated Land Use Map, allowing more dense development
and population settlement in this area.
The Town of Ithaca Zoning Ordinance defines a family as"an individual,""two or more persons...related by
blood...,"or"two unrelated persons in a single dwelling unit living and cooking together as a single housekeeping
unit." It further explains that"a group of unrelated persons numbering more than two shall constitute a family upon a
determination by the Zoning Board of Appeals that the group is a functional equivalent of a family pursuant to the
standards enumerated in(f) of the definition. These standards (part 0 are attached to assist the Zoning Board in its
determination regarding the current Special Approval request.
PART III.—Staff Recommendation,Determination of Significance
Based on review of the materials submitted for the proposed action,the proposed scale of it, and the information
above, a negative determination of environmental significance is recommended for the action as proposed.
Lead Agency: Town of Ithaca Zoning Board.o •f— eals
Reviewer: Christine Balestra,Planner C
Review Date: March 13, 2002
Zoning Or.1, wp511zon,12/3/97 -
,~ } (e) Before making a determination whether a group of more than two unrelated
persons constitutes a family for the purpose of occupying a dwelling unit, as
provided for in paragraph (d) of this definition, the Zoning Board of Appeals
shall hold a public hearing, after public notice, as is normally required for the
obtaining of a variance. The fee for such an application shall be the same as is
required for an application for a variance. Said application shall be on a"form
provided by the Zoning Board of Appeals or Zoning Enforcement Officer.
slet. 06) In making a determination under paragraph (a) the Board of Appeals shall
d:
(i) - The group is one which in theory, size, appearance and structure
resembles a traditional family unit.
(ii) The group is one which will live and cook together as a single
housekeeping unit.
(iii) The group is of a permanent nature and is neither merely a
framework for transient or seasonal (including as "seasonal" a period of
an academic year or less) living, nor merely an association or relations
which is transienLor set ona1. in nature, In making this finding, the
Zoning Board of Appeals may consider, among other factors, the
following:
. (a) Whether expenses for preparing of food, rent or ownership
costs, utilities, and other household expenses are shared and
whether the preparation, storage and consumption of food is
shared.
314 (b) Whether or not different members of the household have the
same address for the purposes of
(i) Voter registration.
(ii) Drivers license.
(iii) Motor vehicle registration.
(iv) Summer or other residences.
(v) Filing of taxes.
3
14
Zoning Or.1, wp511zon, 12/3/97
A- (c) Whether or not furniture and appliances are commonly owned
by all members of the household.
4 (d) Whether or not any children are enrolled in local schools.
✓ (e) Whether or not householders are employed in the local area.
-* (f) Whether or not the group has been living together as a unit for
an extended period of time, whether in the current dwelling unit
or other dwelling units.
. . (g) Any other factor reasonably related to whether or not the
(. group of persons is the functional equivalent of a traditional
family.
y) In making determinations under thiection, the Zoning Board of
Ap als shall not be required to consider th matters set forth i Section
77 of 's Ordinance.
•
(g) Notwithstandi the provisions elewhere provided herein, if the following
lim ations result in lesser permitted\number of occupants than would be
petted under the dtion of family set forth above and the\regulations of
each za a set forth later i this Ordinance, th�number of occupants, related or
otherwise, shall not exceed a maximum numbers determined on the basis of
habitable sp qe of each dwellin unit as follows: \
\ \
(i) A mumum of 150 squ re feet of habitable space for the first
occupant; an
80 square feet of habitable space or each additional person in each
dwelling unit.
\ ;•
\In no case shall the enclosed floor area be less than r uired by Section 58 of this
rdinance.
Areas\utilized for kitchenettes, bath, toilet, storage, utili space, closets and
other service or maintenance space shall b- excluded in dete ining "habitable
space".
5-a. A 'building" is a stru re having a ro f supported by col -I or by walls a intended
for s eater, housing, pr tection or enclo ure of persons, a 1' als or property.
4
Property Description
Residential
SWIS: 503089 �SBL #: 54.-6-7 �r��,< <„,, y #.
271 PENNSYLVANIA AVE
Zoning Code: Site: 1A°; �, � r¢ pr
•
Neighborhood: 30106 Ranch s '
School District : Ithaca 220 2 Family
Deed Book: 690 Page: 187 "�� I "" 4,
Owner:
IACOVELLI, ORLANDO &
IACOVELLI, RALPH •
ORLANDO & RALPH IACOVELLI ,{
347 CODDINGTON RDA
ITHACA NY 14850 7/13/2001 File Photo
Structure Improvements:
Improvement:GARAGE,1 STY DET.
:AVERAGE
Number of Baths: 2 Condii n:NORMAL
Size1:32 Size2:30 Year:1958
Number of Bedrooms: 5
Number of Kitchens: 2 Grade:AVERAGE PORCH,OPEN
Condition:NORMAL
Number of Fireplaces: 1 Size1:226 Size2: Year:1980
Overall Condition: NORMAL
Porch Type: PORCH,COVERD
Porch Area: 208
Year Built: 1958
Basement Type: FULL
Finished Basement: 945 Last Sale:
No Sale
Base Garage Capacity: 0
Att Garage Capacity: 3
Area
Land:
Living Area: 1,364 Land Type:PRIME SITE
First Story Area: 1,364 Acreage:.27
Second Story Area: Total Acreage:0
Additional Story Area:
Half Story Area:
Three-Quarter Story Area:
Utilities Assessment:
Sewer Type: COMM/PUBLIC Land: 10,300
Water Supply: COMM/PUBLIC Total: 100,000
Utilities: GAS/ ELECTRIC Taxes:
Heat Type: - HOT WTR/STM
Fuel Type: GAS
Central Air:
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