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HomeMy WebLinkAboutZBA History Combined (38) ZONING BOARD OF APPEALS PAGE 4 AUGUST 11 , 1999 APPPROVED - APPROVED - APPROVED - SEPTEMBER 9, 1999 - APPROVED - APPROVED - APPROVED b. The building be brought up to compliance with all of the building codes. A vote on the MOTION as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel, NAYS: None. The MOTION was declared to be carried unanimously. The second appeal to be heard was as follows : APPEAL of Michael Elmo , Appellant , requesting modifications of previously granted variances from the requirements of Article V , Section 18 , 21 , and 23 and Article XIII , Section 57 , 58 , and 69 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain two residential buildings on a parcel of land with parking located in the front yard located at 139 East King Road , Town of Ithaca Tax Parcel No . 44-2-2 , Residence District R-30 . The modification involves a request to permit any blood - related family member to reside in said dwelling unit , rather than children only. Michael Elmo , 139 East King Road , stated that a few years ago they obtained a variance so that his daughter could live in an apartment above their garage . She has now married and moved out . His son is thinking of moving into the apartment . In the interim , his father is 83 years old and he still lives alone . His father asked that when his son moved out if he would be able to move in . With the current variance his father would be unable to move in . Mr. Elmo stated that before he responded that he wanted to get a variance from the Town . Mr. Elmo stated that his father' s house is getting to be more than he can handle . They would like the variance reworded so that his father would be allowed to move in . Chairperson Stotz asked how blood- related is defined . Attorney Barney stated that the nature of the relationship should be specified . Blood- related is too broad a category. Mr. Elmo stated that he would like to include his immediate family. Mr. Sigel stated that parent or child or spouse there of could be specified in the variance . Mr. Elmo stated that there is an 8-year time limit on the variance . Chairperson Stotz asked if Mr. Elmo ' s father will be moving in after his son moves out . Mr. Elmo responded that he would if it is still available under the variance . It is nothing _definite . . He had asked and they wanted to get it approved - before telling his father. he could move in .. .__ .... . . ZONING BOARD OF APPEALS PAGE 5 AUGUST 11 , 1999 . APPPROVED - APPROVED - APPROVED - SEPTEMBER 9, 1999 - APPROVED - APPROVED - APPROVED Mr. Frost stated that this is a legitimate request . The concern when this was last before the board was if the house were to be sold , the new owner not be allowed to rent both the house and apartment . Chairperson Stotz stated that if the property were sold , the new owner would have the same right to have a family member live in the apartment . Can the variance go with the owner of the house ? It can be time limited and/or limited by sale of property. Attorney Barney stated that technically, the variance goes with the property. He would prefer it be time limited . It has been done previously. Chairperson Stotz stated that if there is a time limit and it were sold , some else would have the same privilege . Mr . Sigel stated that the board could maintain the existing time limit . If needed , he could come back before the board . Chairperson Stotz opened the public hearing at 7 : 31 p . m . , and asked if any members of the public wished to be heard . With no persons present to be heard , Chairperson Stotz closed the public hearing at 7 : 32 p . m . ENVIRONMENTAL ASSESSMENT : Mr . Smith stated that staff recommends a negative determination . Chairperson Stotz asked what the parking arrangements are . Mr . Elmo stated that he has enough parking for 5 cars . Chairperson Stotz asked if there was a fire inspection for safety when this was originally approved . Mr . Frost stated that they had a permit to convert it to an apartment . Chairperson Stotz asked where the exits are for the apartment . Mr. Elmo stated that there is one door. There is access onto another roof . MOTION made by Ronald Krantz, Harry Ellsworth. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Michael Elmo, Appellant, requesting modifications of previously granted variances from the requirements of Article V, Section -. .18; :21, and 23 and Article X111, Sectiom57, . 58, and 69 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two residential buildings on a parcel of land ZONING BOARD OF APPEALS PAGE 6 AUGUST 11 , 1999 . APPPROVED - APPROVED - APPROVED - SEPTEMBER 9, 1999 - APPROVED - APPROVED - APPROVED with parking located in the front yard located at 139 East King Road, Town of Ithaca Tax Parcel No. 44-2-2, Residence District R-30. The modification involves expanding the authorized people to reside in the apartment. A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None. The MOTION was declared to be carried unanimously. RESOLVED, that this board grant the appeal of Michael Elmo, Appellant, requesting modifications of previously granted variances from the requirements of Article V. Section 18, 21 , and 23 and Article X111, Section 57, 58, and 69 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two residential buildings on a parcel of land with parking located in the front yard located at 139 East King Road, Town of Ithaca Tax Parcel No. 44-2-2, Residence District R-30. This variance is granted for the remainder of the previously granted variance and that occupancy of the garage apartment be limited to the parent, child, grandchild and spouse of the current owners. A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None. The MOTION was declared to be carried unanimously. The third appeal to be heard was as follows : APPEAL of Robert W . Blake , Appellant/Owner, Rick Parlett , Agent , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge a non -conforming building on a non -conforming parcel of land , located at 104 Park Lane , Town of Ithaca Tax Parcel No . 57- 1 -8 . 33 , Residence District R- 15 . Said enlargement consists of a new 16' x 24' attached garage . The building lot is less than the required 150-foot depth and less than 15 , 000 square feet in area , while the existing building is less than 30 feet from the rear lot ling . Rick Parlett , 28 Brookland Road , stated that Mr . Blake would like to expand his garage . His current garage does not have a fire door or a fire separation wall between the house . The small addition to the garage would solve those problems . This would be upgrading the safety. 9 9 P P9 9 Mr . Sigel stated that this is an existing one-car garage . This would be to expand the garage for two-cars . Town Assigned Project ID Number Rev . 10 / 90 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County ONLY PART I — Project Information ( To be completed by Applicant or Project Sponsor ) FDescribe ant /Sponsor : 2 . Project Name : 0 (hg-t 'Zt�'lp 0 i /kT 39 � 10 ^7(X- IZ- � e Location ( Street Address and Road Intersections , prominent landmarks , etc . or provide map ) : c . K ;,� c� 2. rcel Number : i osed Action : NEW 0 EXPANSION © MODIFICATION / ALTERATION / J cJotZL> / A & c>t%J e Project Briefly ( Include project purpose, present land use , current and future construction plans , and other i relevant items) : I A30L.LL_D Li 14C T'o C ifA � t3 t� TI+C i. ) 0R-V 0a ( .b Oni 0 � tc �} � or UCc_u (� fiN �i� < < �4n>• r wi mc)) i +TZ Pawht `Y 0,= TFfc= 4awelioS� ` I i I ( Attach separate sheet(s) if necessary to adequately describe the proposed project .) r 6 . Amount of Land Affected : Initially (0-5 yrs) Acres (6 - 10 yrs) Acres ( > 10 yrs) O Acres 7 . How is the Land Zoned Presently ? 8 . Will proposed action comply with existing zoning or other existing land use restrictions ? YES 11 NO If no , describe conflict briefly 0A 04AC.-Aab dL� z J ►4R ( A .Jc-C= ft ,.� i� c�x-1Zi'( F � c � r� ' �S '-r'� t) � (�0_`�Y I 9 . Will proposed action lead to a request for new : i i Public Road ? YES NO a Public Water ? YES NO Public Sewer ? YES L7 NO a 10 . What is the present land use in the vicinity of the proposed project ? n QX Residential � Commercial Industrial Agriculture Park /Forest /Open Space Other Please describe : I 1 1 . Does proposed action in a permit , aooroval , or funding , now or ultimately from any other governmental agency (Federal , State , Local) ? YES NO © If yes , list agency name and permit / approval /funding : 12 . Does any aspect of the proposed action have a currentlu valid permit or approval ? If yes , list agency name and permit /approval . Also , state whether that ermit /a YES � NO I p pprrval will require modification . 271Fi gf I I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I FApplicant /Sponsor Name (Print or Type) : 1Nj tc bbf c--L L--L,,,,LD I Signature : CT v I Date : 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 YES NO X If no, a negative declaration may be superseded by another involved agencl, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) C1. 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: None Anticipated, 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 : None Anticipated. 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 C1-059 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 , 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. Town of Ithaca Zoning Board of Appeals ✓ 0/� Name of Lead Agency Preparer's Signa re(If different from Responsible Officer) v Sto irman ame & tit e o e onsiljle Of er Lead Agency Signature of Contributing Preparer DATE:_ () I � \ \ C Signature of Res onsrble 6f fle ad A enc TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY . AUGUST 11 . 1999 7 : 00 P. M1 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 Wednesday. August 11 . 1999 . in Town Hall , 126 East Seneca Street, ( FIRST Floor, REAR Entrance. WEST Side), Ithaca, N . Y . . COMMENCING AT 7 : 00 P . M . , on the following matters : APPEAL of Rupert Spies and Wendy Wallitt, Appellants, requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to add a second dwelling unit into a non-conforming building/lot located at 1534- 1536 Slaterville Road, Town of Ithaca Tax Parcel No . 56-3 -8 . 2 , Residence District R- 15 . Said Ordinance limits a non-conforming building/lot to single-family residences . APPEAL of Michael Elmo, Appellant, requesting modifications of previously granted variances from the requirements of Article V, Section 18, 21 , and 23 and Article XIII , Section 57, 58 , and 69 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two residential buildings on a parcel of land with parking located in the front yard located at 139 East King Road, Town of Ithaca Tax Parcel No . 44-2 -2 , Residence District R-30. The modification involves a request to permit any blood-related family member to reside in said second dwelling unit, rather than children only . APPEAL of Robert W . Blake, Appellant/Owner, Rick Parlett, Agent, requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a non- conforming building on a non-conforming parcel of land, located at 104 Park Lane, Town of Ithaca Tax Parcel No. 57- 1 -8 . 33 , Residence District R- 15 . Said enlargement consists of a new 16 ' x 24 ' attached garage. The building lot is less than the required 150 foot depth and less than 15 , 000 square feet in area, while the existing building is less than 30 feet from the rear lot line. APPEAL of Susan Hackett, Appellant/Owner, Susan Cosentini, Agent, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to add a second story onto an existing non-conforming building/lot located at 975 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 21 -2-32, Residence District R- 15 . The building and lot do not conform to the lot width or side yard building setback requirements . APPEAL of Theodor Spitsburg, Appellant, requesting a variance from the requirements of Article IV, Section 11 of the Town of Ithaca . Zoning Ordinance, to be permitted to construct a new single-family residence with a height of 39 ± feet (36 foot limit) at 3 Perry Lane, Town of Ithaca Tax Parcel No. 27- 1 -35 . 11 , Residence District R- 15 . 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 4 , 1999 Published: August 6, 1999 TOWN OF ITHACA FEE : $ 80600 126 East Seneca Street RECEIVED : bol Ithaca , New York 14850 CASH ( 607 ) 273- 1783 CHECK A P P E A L ZONING : to the Building Inspector/ Zoning Enforcement Officer For Office Use Only and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied permission to : ALL > L-3 40 4 0 n)G -to L; oa / ,.1 AP i 4600` GA,2A<3(: a=m Ccp- C}4l LiN) Rc_7J Or:- EL✓y 0 jCAMI 4 at I Sli C K i w RZ Town of Ithaca Tax Parcel No . Lj `f - as shown on the accompanying application and / or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of : Article ( s ) Nh4 Section ( s ) I ., Z 1 + S bb' 6q of the Town of Ithaca Zoning Ordinance , the UNDERSIGNED respectfully submits this Appeal from such denial and , in support of the Appeal , affirms that strict observance of the Zoning Ordinance would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : ( Additional sheets may be attached as necessary . ) 'T 4c= L`T 4 c,J g iLo M r=/-} 4 2 of `r Arj � J-4�s 8• � , �� <' © u � R7 c r l�=r�+ � ` ` � �'I�''i r= Df�4TG FAr►�rc-y ►✓) �'yvl B �7Z- r rc_�a n o ; A G r-1« n ofr 1w e ;F t o y 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 : V Date : Print Name Here : M ( C " 4 = , L-'Z941 p Home Telephone Number : Rap? 1.7 7 :5-7 Z Work Telephone Number : -- NOTE : If construction of work in accordance with any variances given does not counence within 18 aonths , the ex variance will ire . TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8 1997 APPROVED - JANUARY 21 , 1998 PAGE 2 would still be the need for a side yard variance . . Some of this conversation may be a surprise to the a Elmos because he has not completed his discussions with them . Harry Ellsworth asked Mr. Elmo if he had a connection from the house to the garage , would he have a covered sidewalk . Mr. Elmo said he does not know. He would do what ever needs to be done to comply . Chairman Stotz asked what does the connection mean , an enclosed structure . Director of Building and Zoning Frost responded , yes . In the past this Board has had people do a roof connector, but the Board also wanted walls as well . The Board is not looking for just a roof covering such as a breezeway , but walls as well . It would need to developed as one building . Mr. Elmo said in order to do that would require footers , and he would need to remove his patio . It would be a lot more .cost effective to use the building structure as is . Chairman Stotz asked Mr. Elmo if the apartment would be used for his daughter. Mr. Elmo responded , yes . Mr. Ellsworth asked Mr. Elmo what happens to the apartment when his daughter leaves . Mr. Elmo said his son wants the apartment when his daughter moves out. X Chairman Stotz asked Mr. Elmo if his intentions were for family members use this space only . Mr. Elmo responded , yes . Director of Building and Zoning Frost said if this Board considers granting Mr. Elmo ' s variance , but having a condition that is only limited to family members , that when the children leave whatever investment was made in the apartment would be lost because Mr. Elmo would not be able to sell or rent that apartment. Chairman Stotz asked Mr. Elmo if his primary reason for doing this apartment would be to accommodate his daughter. Mr. Elmo responded , yes . At first his daughter was going to move to California , but now she wants to stay home with more freedom . The bedrooms are upstairs where the rest of the family is . His daughter is older than his son and she can stay out later, which causes friction . His intent right now is to accommodate his daughter' s wishes . Mr. Elmo said he had tenants before , but right now they enjoy the privacy of not having tenants . Mr. Elmo said no matter how he looks at it there will be an expense to him , whether she stays in the house or he has to pay for an apartment. Chairman Stotz asked Mr. Elmo if the exterior of the garage would remain the same . Mr. Elmo responded , yes . He would only be working on the inside . Chairman Stotz asked Mr. Elmo if the apartment would have a bedroom , kitchen , and a bathroom . Mr. Elmo responded , yes , along with a fairly good size living room . . c SyLvesTYF i i - '_' ^ t. -J .� • - E=c . • K: � N�-�Gw R17 t. : ,/;.. . . ,4.. , iY�i,: 4 �y�1. `�) :.rtil'-.. 17..y¢,;_p _ ci• f . - . ..1.:"_: ''.7•. : - y' ...,t . . i :n ... r �� GU AA t1� G5' ` "y l �r O E , {G l ►� G R r .I 333 i �v I NN Zak Z 3 ) I 2 ELMd i ( 1 A �- Z 2 - Z ►- CL >J C t , i Go � t� 4, -' Fft-� i t I1 � ►`� - �o lbw � ' Z STo27' GD (zacE 1. T9 G rZ. D E oe % 6 ,0 t4 T I V t-i � 5. ;Z E 4 b 1 lT W9 lwo7 rZo GarP9.0 - - w � To Cow. o . �'C v �ciSTrNG cLLe L4 i — -- Se • � � C � L T 7 pal !� ; �- f o Li s e - �._ .. aR � vE ` / i 4C15ri �a � eXlSrl ✓I q S¢ c.J -q�v ' r- !zIN � Watcr � + i � U I it M TZ N • L •T r 6 f3 INS No Y ' S Tompkins40County & 11 �. ;0;� DEPARTENT ko '� _F Ps *ANNING k*121vEast x C urt"treet tir ii Ithaca, New_York 14850 James W. Hanson, Jr. * Telephone (607) 274-5560 Commissioner of Planning / Fax (607) 274-5578 July 20, 1999 Andy Frost Zoning Officer Z 11 Town of Ithaca JUL 126 East Seneca Street TOWN OF ITHACA Ithaca, NY 14850 L.BU ILDING /ZONING Re : Review Pursuant to § 239 - 1 and -m of the New York State General Municipal Law Action : Use Variance, Elmo, 139 East King Rd. , Tax Parcel Number 44 . -2-2 Dear Mr. Frost : This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to § 239 - 1 and -m of the New York State General Municipal Law . The proposal, as submitted, will have no significant deleterious impact on intercommunity, County, or State interests. Therefore, no recommendation is indicated by the Tompkins County Planning Department, and you are free to act without prejudice. Please inform us of your decision so that we can make it a part of the record. Sincerely, Lk) James W. Hanson Jr. �k �S Commissioner of Planning tir Recycled paper FINAL TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , OCTOBER 8. 1997 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 Wednesday, October 8 , 1997, in Town Hall , 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca. N . Y. . COMMENCING AT 7 : 00 P . M . , on the following matters : APPEAL of Mike and Ann Elmo. Appellants. requesting variances from Article V. Sections 18 . 21 and 23 and Article XIII . Sections 57, 68 , and 69 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two residential buildings on a parcel of land, with parking located in the front yard at 139 East King Road. Town of Ithaca Tax Parcel No . 44-2 -2 . Residence District R-30 . Said Ordinance prohibits two residential buildings on a parcel and restricts parking to the rear yard only. Said lot is also less than 200 feet deep . The second building, if approved. will have a 25 foot east side yard setback (40 feet required) . APPEAL of Cornell University Plantations, Appellant, Nancy Ostman, Agent, requesting variances from the requirements of Article V, Sections 21 and 23 , Article VIII , Section 44 of the Town of Ithaca Zoning Ordinance, and Section 280A of New York State Town Law, to be permitted to create, by subdivision , a parcel of land that does not front on a Town , County. or State highway, located by Lick Brook, off of Elmira Road, Town of Ithaca Tax Parcel No. 35- 1 - 7. 2 , Residential District R-30 and a Light Industrial Zone. APPEAL of Jim Brown , dba AAA Cleaning Service. Appellant, requesting a variance from Article IV, Section 12 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a janitorial service with outside employees from a residence located at 117B Honness Lane. Town of Ithaca Tax Parcel No. 58 -2 - 39 . 11 , Residence District R- 15 . Said Ordinance provides for limited home occupations, but without outside employees . 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: September 29, 1997 Publish : October 3 , 1997 Fly TOWN Of ITHACA �ete _�i � 3 �ag TOWN OF ITHACA �1 Am ZONING BOARD OF APPEALS A i WEDNESDAY, OCTOBER 8 , 1997 i The following appeals were heard by the board as follows : APPEAL of Mike and Ann Elmo , Appellant, requesting variances from Article V, Section 18 , 21 , and 23 and Article XIII , Sections 57 , 68 , and 69 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain two residential buildings on a parcel of land , with parking located in the front yard at 139 East King Road , Town of Ithaca Tax Parcel No. 44-2-2, Residence District R-30. Said Ordinance prohibits two residential buildings on a parcel and restricts parking to the rear yard only . Said lot is also less than 200 feet deep . The second building , if approved , will have a 25 foot east side yard setback (40 feet required ) . GRANTED APPEAL of Cornell University Plantations , Appellant, requesting variances from the requirements of Article V, Section 21 and 23, Article Vill , Section 44 of the Town of Ithaca Zoning Ordinance, and Section 280A of New York State Town Law, to be permitted to create , by subdivision, a parcel of land that does not front on a Town , County, or State highway, located by Lick Brook, off of Elmira Road , Town of Ithaca Tax Parcel No . 35- 1 -7 . 2, Residence District R-30 and a Light Industrial Zone. GRANTED APPEAL of Jim Brown , dba AAA Cleaning Service , Appellant, requesting a variance from Article I , Section 12 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a janitorial service with outside employees from a residence located at 1178 Honness Lane, Town of Ithaca Tax Parcel No . 58-2-39 . 11 , Residence District R-15 . Said Ordinance provides for limited home occupations, but without outside employees . ADJOURNED TO THE NEXT MEETING t TTAACA TOWN OF ITHACA ' J ZONING BOARD OF APPEALS WEDNESDAY OCTOBER 8 , 1997 PRESENT : Chairman David Stotz , Harry Ellsworth , Ronald Krantz , Andrew Frost, Director of Building and Zoning ; John Barney , Attorney of the Town . OTHERS : Victoria Anagnost, Ann Elmo , Michael Elmo , Jane Hammond , Marie Layer, Ann Ward , Evan Racine-Johnson , Tom Overbaugh , Bob Boehiecke , Jim Brown , Nancy Ostman , Shirley Egan . Chairman David Stotz called the meeting to order at 7 : 07 p . m . , stating that all posting , publication , and notification of the public hearing had been completed and the same were in order. The first appeal to be heard by the board was as follows : APPEAL of Mike and Ann Elmo , Appellant, requesting variances from Article V, Section 18 , 21 , and 23 and Article XIII , Sections 57 , 68 , and 69 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two residential buildings on a parcel of land , with parking located in the front yard at 139 East King Road , Town of Ithaca Tax Parcel No . 44-2-2, Residence District R-30 , Said Ordinance prohibits two residential buildings on a parcel and restricts parking to the rear yard only. Said lot is also less than 200 feet deep . The second building , if approved , will have a 25 foot east side yard setback (40 feet required ) . Director of Building and Zoning Andrew Frost said the Town of Ithaca - Zoning Ordinances states that if a building lot is not the full dimensions as required - by current zoning , it is limited to a single family residence . Section 57 of the Zoning Ordinance states any undersized building lot can be built upon as long as it is nothing more than a single family residence . Mr. Elmo' s building lot is less than 200 feet deep and is a non-conforming lot size . Therefore , it is limited- to a single family residence unless a variance is granted from Section 57 for the second building . The Zoning Ordinance for Section 68 states that they could only have one residential building on a parcel . If the garage is converted into a residential building that would be two buildings , so the Elmos would need a variance . The Zoning Ordinance further states that two family residence would need to have parking in the rear yard . One or two family residence could have parking in the front, such as this scenario as two separate single family residence . The Zoning Ordinance requires parking in the back yard , and this is not part of the appeal . Mike Elmo , 139 East King Road , said when he purchased the house it was a duplex. When he remodeled the house he kept it as a duplex. A few years ago he built a one story garage , and took over the whole house instead of using it as a duplex. His daughter graduated from high school last spring , and she asked if she could turn the upstairs to the garage into an apartment. This would allow her to be home , but yet be away from home by having her own place and freedom . Mr. Elmo said he contacted the Town ' s Zoning Department to make everything were legal . At first the Zoning Department said he could not construct an apartment in the upstairs of the garage , but he could connect the garage to the house . If he did that he would be compliance . Mr. Elmo had submitted a list of reasons why to keep the two buildings separate to the Zoning Board of Appeals for review. Director of Building and Zoning Frost said when he first heard this request the focus was on the fact that there would be two separate buildings , and one way to avoid seeking a variance from Section 68 was to connect the garage and the house . Therefore , it would be a two family residential building . if that was done Mr. Elmo would still have the side yard setback deficiency . A garage could be up to 15 feet to a side setback. Once there is a residence in a R- 30 zone there needs to be a 40 foot setback , so TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8, 1997 APPROVED - JANUARY 21 , 1998 PAGE 2 would still be the need for a side yard variance . Some of this conversation may be a surprise to the Elmos because he has not completed his discussions with them . Harry Ellsworth asked Mr. Elmo if he had a connection from the house to the garage , would he have a covered sidewalk . Mr. Elmo said he does not know . He would do what ever needs to be done to comply. Chairman Stotz asked what does the connection mean , an enclosed structure . Director of Building and Zoning Frost responded , yes . In the past this Board has had people do a roof connector, but the Board also wanted wails as well . The Board is not looking for just a roof covering such as a breezeway , but walls as well . It would need to developed as one building . Mr. Elmo said in order to do that would require footers , and he would need to remove his patio . It would be a lot more cost effective to use the building structure as is . Chairman Stotz asked Mr. Elmo if the apartment would be used for his daughter. Mr. Elmo responded , yes . Mr. Ellsworth asked Mr. Elmo what happens to the apartment when his daughter leaves . Mr. Elmo said his son wants the apartment when his daughter moves out. Chairman Stotz asked Mr. Elmo if his intentions were for family members use this space only . Mr. Elmo responded , yes . Director of Building and Zoning Frost said if this Board considers granting Mr. Elmo ' s variance , but having a condition that is only limited to family members , that when the children leave whatever investment was made in the apartment would be lost because Mr. Elmo would not be able to sell or rent that apartment. Chairman Stotz asked Mr. Elmo if his primary reason for doing this apartment would be to accommodate his daughter. Mr. Elmo responded , yes . At first his daughter was going to move to California , but now she wants to stay home with more freedom . The bedrooms are upstairs where the rest of the family is . His daughter is older than his son and she can stay out later, which causes friction . His intent right now is to accommodate his daughter's wishes . Mr. Elmo said he had tenants before , but right now they enjoy the privacy of not having tenants . Mr. Elmo said no matter how he looks at it there will be an expense to him , whether she stays in the house or he has to pay for an apartment. Chairman Stotz asked Mr. Elmo if the exterior of the garage would remain the same . Mr. Elmo responded , yes . He would only be working on the inside . Chairman Stotz asked Mr. Elmo if the apartment would have a bedroom , kitchen , and a bathroom . Mr. Elmo responded , yes , along with a fairly good size living room . TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8, 1997 APPROVED - JANUARY 21 , 1998 PAGE 3 Ronald Krantz asked if there were four different variances this Board needs to consider. Director of Building and Zoning Frost responded , yes . The issue of parking in the front yard , having two residential buildings on the parcel , having two units on an undersize parcel , and the setbacks of the buildings . The Attorney for the Town could explain whether or not this Board needs to deal with a variance from Section 18 . Chairman Stotz opened the public hearing . Ann Elmo , 139 East King Road , presented the Zoning Board of Appeals with a photograph of the parking area . Ms . Elmo said they black topped a very large area because her son likes to roller blade . The large area would accommodate four cars for parking with two cars in the garage . Chairman Stotz closed the public hearing . Director of Building and Zoning Frost said he was not sure whether this appeal needs a variance from Section 23 . Mr. Ellsworth asked Mr. Elmo if his neighbors to the east were aware of the 25 foot setback . Mr. Elmo said there are two empty lots between his property and the next house . Chairman Stotz said there is a lot of open space across the street. Mr. Elmo said there is a house across the street, but it is down the road a little ways . There are hardly any neighbors close by . Chairman Stotz asked Mr. Elmo if he has spoken with his neighbors , and has he had any objections . Mr. Elmo said one , the one that is usually vocal to the whole area , and he is sure everyone is aware of it. Chairman Stotz asked if anyone has objected to this appeal . Director of Building and Zoning Frost said he had not received any phone calls or letters in regards to this appeal . Chairman Stotz asked Mr. Elmo what does it mean to him if he cannot construct the apartment. Mr. Elmo said he would save a lot of money . Chairman Stotz asked Mr. Elmo if he would rent an apartment for his daughter somewhere else . Mr. Elmo responded , no , she would need to rent her own apartment . He may help his daughter along the way . Ms . Elmo said their daughter' s intention is to get a part-time job and take some college courses . If she could keep her rent down by living at home , it would enable her to do that. If she needs to pay for an apartment she would not be able to take any courses . TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8, 1997 APPROVED - JANUARY 21 , 1998 PAGE 4 Mr. Krantz asked Mr. Elmo if it would be financial hardship for the family , including his daughter, if he was not allowed to construct the apartment. Mr. Elmo responded , no . If he had to connect the two buildings it would be twice as much money . Ms . Elmo said it would be a real hardship for their daughter because then she would not be allowed to work part-time and go to school . Chairman Stotz asked Mr. Elmo if it would be a big expense for him to connect the buildings . Mr. Elmo responded , yes . Chairman Stotz asked Mr. Elmo if he could afford that. Mr. Elmo said he was not sure . He would need to talk to a bank . Mr. Ellsworth asked Mr. Elmo what is the distance between the house and the garage for the connector. Mr. Elmo said it would be approximately 24 feet. Director of Building and Zoning Frost said if this apartment did not have any cooking units for the kitchen , this would be considered an accessory building where Mr. Elmo would not need a variance . The Zoning Board of Appeals should consider whether or not to allow Mr. Elmo to put a kitchen in this building . The Zoning Ordinance does not allow a dwelling unit by definition , but absent a kitchen if it is not a dwelling unit, he does not see where the Ordinance would restrict how one would uses an accessory building . Chairman Stotz asked Mr. Elmo if his son would be moving into the apartment after his daughter moves out, and what would be the time frame involved . Mr. Elmo responded , yes , but his son has two years of school left. It may be approximately three years before his son could move into the apartment. Director of Building and Zoning Frost asked Mr. Elmo if he has considered that if his daughter moves out of the apartment and he needs to remove the stove , sink, and refrigerator. Mr. Elmo responded , yes . Attorney Bamey said if the Board considers to grant the variance as long as the hardship is indicated as family related , then it could be tied together. The problem is that for the use variance , it should be unique to the property not to the people who are occupying the property . Mr. Ellsworth said this appeal is unique because there are four different components to it. Chairman Stotz asked if the variance is granted , would it pass on with any new property owner. Attorney Barney responded , yes , but this Board could limit the variance . This Board needs to find a hardship before granting any variance . TOWN OF ITRACA ZONING BOARD OF APPEALS - OCTOBER 8 . 1997 APPROVED - JANUARY 21 , 1998 PAGE 5 ENVIRONMENTAL ASSESSMENT Chairman Stotz said the Planning Staff recommends a negative determination of environmental significance . MOTION made by Harry Ellsworth , seconded by Ronald Krantz : RESOLVED , that this Board makes a negative determmnation of environmental significance for Mike and Ann Elmo at 139 East King Road , Town of Ithaca Tax Parcel No . 44-2-2 , Residence District R- 30 , based upon the review by the Planning Staff of September 24 , 1997 . A vote on the motion resulted as follows : AYES - Stotz , Ellsworth , Krantz. NAYS - None . The motion was carried unanimously . Director of Building and Zoning Frost said he did a field inspection several years ago to verify Mr. Elmo eliminating the second unit. Since it is an undersized lot and perhaps legally non-conforming when he had the second unit, and that he has been rid of the second unit for more than a year Mr. Elmo has no particular right to put a second unit back in the main dwelling unit. If Mr. Elmo was to seek a variance from the Zoning Board of Appeals to have a second unit in the main house it would be a considerable cost with the sufficient ceiling height and lack of proper fire separations . If Mr. Elmo had to create a second unit in the main house it would be from an expense standpoint worse than being able to add the apartment to the garage where there is less of a fire safety risk. Mr. Elmo said he is not interested in renting it out. He is happy with the existing dwelling unit. Chairman Stotz said the Zoning Board of Appeals is trying to establish financial hardship . Mr. Elmo said if he does not do anything there would not be financial hardship . If he was to connect the two buildings together, then it would be more costly than to just remodel the garage . He would have to dig up the patio and put footers in . He would need to have an enclosed building that he would need to run heat through otherwise it would crack and fall apart. Director of Building and Zoning Frost said Mr. Elmo would still need an area variance if the buildings were not connected . Chairman Stotz asked Mr. Elmo what would be his best guess estimate when the last child would be moving out of that apartment. Mr. Elmo responded , five to six years . MOTION made by Ronald Krantz , seconded by Harry Ellsworth : RESOLVED , that this Board grants the appeal of Mike and Ann Elmo of 139 East King Road , Town of Ithaca Tax Parcel No . 44-2-2 , Residence District R-30 , from Article V , Section 18 , 21 , and 23 , and Article VIII , Section 57 , 68 , and 69 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain two residential buildings a parcel of land with parking located in the front ' 1 TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 84 1997 APPROVED - JANUARY 21 , 1998 PAGE 6 yard . It is understood that the Ordinance would allow parking in front yard , and that the lot is not of proper size based on the following conditions : 1 . That the second residence to be vacated in eight years from the variance date to convert back to a single family dwelling unit; 2 . That connecting the house and the garage would create a large additional expense the Elmo family will have difficulty raising the funds for; 3 . That the unit be created under a building permit that certifies a legal dwelling ; 4 . That an R- 30 zone , two units are permitted if they are in the same building ; 5 . That the construction to link the two units would create a undesirable arrangement for the long tubular like structure connecting the two buildings ; 6 . That the proposed appeal does not alter the traffic aspects with no significant increase in traffic; 7 . That the garage is located towards the rear of the property , and there is no visible impacts for people off the property ; 8 . That the variance be limited to period of time that the Elmo own the property , and if the property is sold the variance would be terminated . 9 . That the second unit only be occupied by a child of the Elmos . A vote on the motion resulted as follows : AYES - Stotz, Eiisworth , Krantz. NAYS - None . The motion was carried unanimously . The second appeal to be heard by the Board was as follows : APPEAL of Cornell University Plantations, Appellant, requesting variances from the requirements of Article V, Section 21 and 23, Article VIII , Section 44 of the Town of Ithaca Zoning Ordinance , and Section 280A of New York State Town Law, to be permitted to create, by subdivision , a parcel of land that does not front on a Town , County, or State highway, located by Lick Brook, off of Elmira Road , Town of Ithaca Tax Parcel No , 35-1 -7 . 21 Residence District R-30 and a Light Industrial Zone . Nancy Ostman , Comell Plantations , said they have a gift of land coming to the Plantations as natural area from John Babcock. The gift of land would be approximately 30 acres . Ms . Ostman pointed out on enlarged map the whole Babcock property . Ms . Ostman pointed out the section of land that is in the Town of Newfield and the sections in the Town of Ithaca . Ms . Ostman said the northern piece of the property is the land Mr. Babcock is giving Cornell University . The land is adjacent to the Finger Lakes Land Trust Natural Area . The entire Babcock parcel does not have any road frontage at this time , and if this subdivision is approved there will be two pieces of land without road frontage . Currently there is a gravel access road that leads to the railroad tracks that crosses Tom Overbaugh ' s property that would I TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8, 1997 APPROVED - JANUARY 21 , 1998 PAGE 7 provide access to the Babcock property . It would be an access road . It is not an open road frontage . Ms . Ostman said this proposal is to change the access road along the northern boundary to the railroad crossing , and back to John Babcock' s property that he would be giving to Cornell University. It also includes the fact that the natural area would not have any building permitted on this land . It would be used for educational purposes , and would only need pedestrian access . Chairman Stotz asked if there would be any parking . Ms . Ostman said there is road off the highway with parking on the northern boundary of Tom Overbaugh ' s property . Chairman Stotz asked if Cornell ' s intention was to leave this property forever wild . Ms . Ostman responded , yes . Chairman Stotz asked if there would be any improvements on this property. Ms . Ostman responded , no . This would be added to the language of the deed for subdivision approval . Chairman Stotz asked how does the Finger Lakes Land Trust figure into this proposal . Ms . Ostman stated that the Finger Lakes Land Trust only figures into this proposal that the entire Lick Brook area has always been regarded as an important natural area . The northern part of this is protected as a natural area , and their access is by foot only . There is no building on the Finger Lakes Land Trust either. Director of Building and Zoning Frost asked if the Finger Lakes Trail goes through that property . Ms . Ostman responded , yes , the Finger Lakes Trail comes in along the northern edge of Tom Overbaugh ' s property, and swings across the Babcock property . Chairman Stotz asked where the gorge is located . Ms . Ostman pointed out on an enlarged map where the gorge is located . Ms . Ostman said the Finger Lakes Land Trust owNs the north side of Lick Brook, John Babcock owns the south side of Lick Brook, and the Thayers own the property to east. Chairman Stotz opened the public hearing . With no one present to be heard , Chairman Stotz closed the public hearing . ENVIRONMENTAL ASSESSMENT : Chairman Stotz said the Environmental Assessment states "the character of the subject land , including its physical characteristics , ownership patterns of surrounding land uses , and the constraints to development imposed by said characteristics , as well as the proposed deed restrictions limiting its uses , limit the extent of any precedence related to requests for similar type zoning variances elsewhere in the Town of Ithaca . A negative determination of environmental significance is recommended for the action as proposed . " I $ � A N' `o III _ Via v u Of el le-Aga Z LLI IMI �. O A O • - '� 7 N ! f n MANCY ct � J h t r w �/ W n O w at ar act � / y to a r m dl Y o . . ...l 1 J / ` O val � c g d C as V t < I i z ai �_' ?' O < / Cj ru ' /// •i. 10-9299 Q In - I' I r.•m V 11I _ < / Q A N O 1 OD w I o I Ys a r�l � / W p p Ca w p � + ¢ - V w-r.. N a m z • p � Y Y y Y 2 z z } f — C0 Q0 U as Ae� ^ o. C/ \/ a Ir K Q W V u ~ � W It OF a W ~ O 7 s 164 6, lzv GL) 6AM l40 E . (< { NG fZtJ 3 t33 3 � 3S 11tvElTealcummit, 5 � � tN 4� 1. 2a� ► 3 1Z 1 EL tim La v V L -- _ - — —> � o � Y;;o toM TALC M � � S _ 1 , old cy ZO � I - �� �. iSTIf.1G - i S 'f r rzncE f E xlsr . 7 K 57rw6 trz, N N E G T 140 . 4 ei LZ -Q t7 lT W ® " A..of7 015 f-t 5 VLa i v� cy is 4M ILy OUSE U� E. YL T � -G t� RI � E PA INla NL a _ II4r rZdA � r -rE � IQ � � Ann r �l , o N Town Assigned Project ID Number Rev , 10 /SC Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORi"1 For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins Counttg ONLY PART I — Project Information ( To be completed bg Applicant or Project Sponsor ) 1 . Applicant /Sponsor : 2 . Project Name : MIkV 0 AP r4 FLL IM 42 3 . Precise Location ( Street Address and Road Intersections , prominent landmarks , etc . or provide map ) : Lra! W E , lGiN � IZ6J& Parcel Number : 4 . 1s Proposed Action ; N>=' ! CPANSICN MODIFICATION / ALTERA T i0N { 5 . Describe Project 2riefly ( Include project purpose, present land use , current and future construction plans , and other relevant items) : i t P S H E [ yC 4 �r 'T l o.� � -z r� p � i, O� � , O F � � � A � E 'J' O G �z e i A oNc p EC2 P2-volit, r7 e LL� ; 00!� u N V rT ' � Ut• L P1J -3 (Z N 'T " poP, e i ( Attach separate sheet(s) if necessary to adequately describe the proposed project .) i 5 . Amount of Land Affected : Initially (0- 5 yrs) d!> Acres (6- 10 yrs) 4 Acres C > 10 yrs) Acres 7 . How is the Land Zoned Presently ? S . Will proposed action comply with existing zoning or other existing land use restrictions ? YES NO r77 If no , describe conflict briefly : `ZD P-I I PS G p V 1LA4 t T S - Z U F, } T v o N Tri; c 5 5l `PE 1 t oPJ E $ TROCTV12- E EALw ly `171' GR�e,aTE Zp+ Ir L)M, [ � E � 15TING.. evTmuoruR- c NvT ' ,cotjpCG -r �F > " rp MA IrJ J400eya 9 . Will proposed action lead to a request for new Public Road ? YES NO Public Plater ? YES NO Public Sewer ? YES NO 10 . What is the present land use in the vicinity of the proposed project ? ErResidential Commercial ED industrial Q Agriculture Q Park /Forest /Open Space Q Other Please describe : i 1 1 . Does proposed action involve a Permit , approval , or funding , now or ultimately from any other governmental agency (Federal , State , Local) ? YES © NO Rr If yes , list agency name and permit / approval/funding : 12 . Does anv aspect of the proposed action have a currentlu valid permit or approval ? YES NO If yes , list agency name and permit /approval , Also , state whether that permit /approval will require modification . 1 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant /Sponsor Name (Print or Type) : I L Signature : Date : X G I 2 `� �ri&P+rt YAt 11A CE 5`7 C kioo4111 zzaAb PART If - 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 If yes , coordinate the review process and use the full EAF. S . Will proposed action receive coordinated review as provided for unlisted actions in o NYCRR , Part 617. 6? YES NO XX If no . a negative declaration may be superseded by another involved agency , if anv. C . Could proposed action result in any adverse effects associated with the following : (Answers may be handwritten , if legible) C1 . Existing air quality , surface or groundwater duality , noise levels , existing traffic patterns , solid waste production and disposal , potential for erosion , drainage or flooding problems ? Explain briefly : See Attached C2- Aesthetic, agricultural , archaeological , historic , or other natural or cuitural resources ? CommuniV1 or neighborhood character? Explain briefly : See Attached C3 . Vegetation or fauna , 5sh , shellfish , or wildlife species , significant habitats , unique natural areas , wetlands , or threatened or endangered species ? Explain briefly : See Attached C4. The Town's existing plans or goals as orficiaily adopted , or a change in use or intensity of use of land or other natural resources ? Explain briefly . See Attached - C5. Growth , subsequent ceveicpment, or related activities likely to be induced by the proposed action ? Explain briefly : See Attached C6 . Long term , short term , cumulative , or other effects not identified in C1 - CS ? Explain briefly : See Attached C7. Other impacts (including changes in use of either quantity or type of energy) ? Explain briefly: See Attached D . Is there , or is there likely tc be , controversy related to potential adverse environmental impacts ? YES NO XX If yes , explain briefly : E. Comments of staff X CB other attached. ( Check as applicable . ) PART III - DETERMINATION OF SIGNIRCANCE (To be completed by the Town of Ithaca) Instructions : For each adverse etfect Identified above , determine whether it is substantial , large , important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (Ia. urban or rural) ; ( b) probability of occurring ; (c) duration ; (d) irreversibility ; (e) geographlc scope ; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. 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 . Check here if you have determined , based an the information and analysis above and any supporting documentation , that the proposed action WILL NOT result in any significant adverse environmental impacts Toning BAND provide on attachments as necessary the reasons supporting this determination . onoara o ca f f Appeals Name of Lead Agency Preparer's Signature ( If differen from Responsible Offtcar, David Stotz - Chair q itle of asp sib e Officer in Lead Agency Signature of Contributing Preparer e of pop ibl Officer in Lead A encv PART lI - Environmental Assessment Mike Elmo, Owner/Appellant Principal Building + Parking Variance Tax Parcel No. 44-2-2, 139 East King Road Town of Ithaca 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 Cl . Existing air quality surface or groundwater quality or Quantity, noise levels existing traffic patterns solid waste production or disposal potential for erosion drainage or flooding problems? No significant impacts to air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems are anticipated. The proposed action consists of requesting a variance from the Zoning Board of Appeals under Article V, Section 18, 21 and 23 and Article XM, Section 57, 68 and 69 of the Town of Ithaca Zoning Ordinances, to be permitted to maintain two residential buildings on a parcel of land, with parking located in the front yard at 139 East King Road, Town of Ithaca Tax Parcel No. 44-2-2, Residence District R-30. Said Ordinance prohibits two residential buildings on a parcel and restricts parking to the rear yard only. Said lot is also less than 200 feet deep. The second building, if approved, will have a 25 foot east side yard setback (40 feet required). This action is in consideration of finishing the interior of the second floor of a garage to create a one bedroom dwelling unit. The proposed action should not change the footprint, nor the height, of the original structure. This action is also in consideration of maintaining a legal parking space north east to the front of the house. The addition of a second dwelling unit is not expected to generate significant additional traffic on East King Road The site /currently has up to six parking spaces. C2. Aesthetic, awicultural, archeological historic or other natural or cultural resources or community or neigbborhood character No significant adverse impacts to aesthetic, agricultural, archeological, historic, or other natural or cultural resources, or community or neighborhood character are anticipated The garage, house, and parking space are surrounded on the cast, south and west sides by generously vegetated lots. The garage and house can be seen intermittently from the north, on East King Road through a row of mature trees. The structures should not be seen from adjacent properties except perhaps in winter when the foliage is down C3. Vegetation or fauna fish shellfish or wildlife species significant habitats, or threatened or endangered species9 None anticipated Mike Ehm, Owner/Appellant Principal Building + Parking Variance 139 East King Road Town of Ithaca Zoning Board of Appeals Due to the nature of the proposed action, no significant adverse impacts to vegetation or fauna, fish, shellfish or wildlife species, significant habitats or threatened or endangered species are anticipated No significant wildlife or plant habitats are know to exist on the site, or are otherwise expected to be affected by the proposed action. C4. A community's existing plans or goals as officially adopted or a change in use or intensity of use of land or other natural resources? None anticipated In a Residence District R-30, a second dwelling is permitted in a principal building so long as the second dwelling unit does not exceed 50 percent of the floor area excluding the basement of the primary dwelling unit, except where the second dwelling unit is constructed entirely within the basement area, in which case it can exceed 50 percent. Since the proposed second dwelling unit would be allowed in the main house, allowing a second principal structure for the proposed usage should not significantly effect the change in use or intensity of use of land or other natural resources. C5 . Growth, subsequent development, or related activities likely to be induced by the proposed action? None anticipated C6. Long term, short term, cumulative, or other effects not identified in C1 -05? None anticipated CT Other impacts (including changes in use of either quantity or type of energy) None anticipated D. Is there, or is there liked to be controversy related to potential adverse environmental impacts? No controversy related to potential adverse environmental impacts is anticipated PART III - Staff Recommendation, Determination of Simiificance 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 of Ap Reviewer: Benjamin C. Helber, Planning Staff Review Date: September 24, 1997 TOWN OF ITHACA FEE : $80000 126 East Seneca Street RECEIVED : —1 Ithaca , New York 14850 CASH ( 607 ) 273 - 1783 CHECK A P P E A L ZONING : to the Building Inspector/ Zoning Enforcement Officer For Office Use Only and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied permission to : 1 1 ? 4 � t L� �i � A ! � F L � B R- PE at 1 3 °� E . 1 N G fza A Town of Ithaca Tax Parcel No . 4 as shown on the accompanying application and/ or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of : Article ( s ) )( 11 ) , Section ( s ) & S , of the Town of Ithaca Zoning Ordinance , the UNDERSIGNED respectfully submits this Appeal from such denial and , in support of the Appeal , affirms that strict observance of the Zoning Ordinance would impose PRACTICAL DIFFICULTIES and/ or UNNECESSARY HARDSHIP as follows : ( 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 : Date : Print Name Here L f✓1 a Home Telephone Number : ^L`7 3 •- 1 51 y Work Telephone Number : Z� •Z 1 ) 33 HOTS : If coastraction of wort is accordance with any variances given does not cumence within 18 ionths , the UMNe " AJ�Ly fj A� 1Zps0IF7 �. � GfD1-SNG '( 1 !> Nf1 G'TVti► Eta �' IIG4'- tSTtN t-� 6U -- E W%4 rz::; 14 V e7 e F LJ LAS FLJ FZ- Fe '5 5 rO VV i� G fz ( OTHEV� TN aN -rOG4+ N 1 &At- pt, l Nc U9 iT14 Z4tA106 Qi2' r21ItJAtAGt ) G' as 'y ` ' INA V F La,01Z� 1 &A 2 A 45 G W I YT 44 7 J T'z2 '14U �✓ T A LPL FOD T P t4 Q t4 p . w A L tt S © tp- e f- TO I F FZD FE R T %%/ p v Ott t. L PLOT PLAN INFORMATION TO BE SHOWN . 1 . Dimensions of lot . 4 . Dimensions and location of proposed structure( s ) or -- 2 . Distance of structures from : or addition ( s ) . a . Road , 5 . Nanes of neighbors who bound lot . b . Both side lot lines , 6 . Setback of neighbors . c . Rear of lot . 7 . Street name and nurber . 3 . North arrow . Be Show existing structures in contrasting lines . AT -� A � � t b Q !7 � '� E �7bPlo2A. M . TAB M A Z © ►J106 Map Signature of Owner/Appellant : x Date : A Signature of Appellant / Agent : Date : R 79 '• Esc r� J . ./41 ;jk; uth Hill a ; r R9 Calvary ' + � cem 1 . J !q 00010 / / ) i- % \ o R15 ' � IT H a ,a i . r: r' NN 1 or de �• 1 \ ` ! �. ' - . .. 'ice / !q e 1 '. i - � / vll Res [ � 4ro'b""", ;rater - / G Area i' � F' I(.v I s , — _ a _ \ - R15 o!- -r _ c = � I J i 0000, MR j R30 ON Q LL 30 \� R15 ` E � MaR \ I o .: csranon i / , L � � _ � z ~ a . . . KI NG ROAD si mo� 11 000000000 ' R15 \ —� 78 R1 , \ � r7 ,ema �i I - I I ., � a � 0 10 4 , k _ _ ) NINU M A Pm` T01 PfPEL LVE � � , I` � I � I i r • JSINESS DISTRICT C JSINESS DISTRICT D JSINESS DISTRICT E allT INDUSTRIAL DISTRICT DUSTRIAL DISTRICT NOTE Refer also to Town of Ithaca Zoning Ordinance iRICULTURAL DISTRICT Article H. Section 3 . and to Town Board local laws and ordinances rezoninq certain areas for NORTH ECIAL LAND USE DISTRICT additional information on specific boundaries . SEP 1 6 1997 0 Tom"pkin nt "s Couy X01 TOWN OF ITHACA DEPARTMENY F" PLANNING IN 2 N1NG i e 121 East -Court Street Ithaca, New York ` 14850 James W. Hanson, Jr. Telephone (607) 274-5560 Commissioner of Planning FAX (607) 274-5578 September 16 , 1997 Mr. Andy Frost Zoning Officer Town of Ithaca 126 East Seneca Street Ithaca , NY 14850 Re : Review Pursuant to § 239 - 1 and -m of the New York State General Municipal Law Action : Use Variance, Elmo, 139 East King Road, Tax Parcel Number 42 -2 -2 Dear Mr. Frost : This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to § 239 - 1 and -m of the New York State General Municipal Law. The proposal , as submitted , will have no significant deleterious impact on intercommunity, County, or State interests . Therefore, no recommendation is indicated by the Tompkins County Planning Department, and you are free to act without prejudice . Please inform us of your decision so that we can make it a part of the record . Sincerely, James W . Hanson, Jr. Commissioner of Planning I% f , Recycled paper =s t• ti- • """ate •'*�`. � -� - APO vam it! fe 1p ai Li i wa AMMM mom a I. i