HomeMy WebLinkAboutZBA History Combined (86)
Zoning Board of Appeals History as of 36.-2-18
1151 Danby Road
Tax Parcels involved, with address if known: 1151 Danby Road 36.-2-18 with
no subdivisions or readdressing.
History:
2007 – Area Variance for barn addition – Granted
2004 – Area/Height variance to build barn – Granted
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, SEPTEMBER 17, 2007
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, September 17, 2007 , in Town Hall, 215 North Tioga Street, Tioga Street
Entrance, Ithaca, NY, COMMENCING at 7 :00 p.m. , on the following matters :
ADJOURNED APPEAL of Judith Kellock, Owner/Appellant, Burke Carson, Agent, requesting variances from the requirements of
Chapter 270 , Article IX, Section 270-71 (A) and Article XXV, Section 270-205 (A) of the Town of Ithaca Code, to be permitted to
install a 5 '6" x 16' sunroom addition onto the front of a single family home located at 110 Judd Falls Road, Town of Ithaca Tax Parcel
No. 66-5-9 . 1 , Medium Density Residential Zone. The property contains an existing non-conforming home on an existing non-
conforming lot. Installing the sunroom to create additional living space will expand the existing non-conformity and encroach into the
25-foot minimum front yard setback. The appeal was adjourned from the August 20`h meeting to allow the appellant to gather
neighbor signatures and present a modified proposal to the Zoning Board.
APPEAL of David Auble, Owner/Appellant, Martin Nichols, Agent, requesting variances from the requirements of Chapter 270,
Article XXVI, Section 270-219 .2 (A) and Article XXV, Section 270-205(A) of the Town of Ithaca Code to be permitted to renovate
the interior of an existing garage to create a home occupation within a residence located at 111 West King Road, Town of Ithaca Tax
Parcel No . 37- 1 - 16, Neighborhood Commercial Zone . The garage is an existing non-conforming structure and altering it will increase
its non-conformity. Additionally, the area for the proposed home occupation will exceed the maximum allowable area required by
Town Code.
APPEAL of Lewis M. Clark and Alice Wu, Owners/Appellants, requesting an area variance from the requirements of Chapter 270 ,
Article IX, Section 270-71 (B) of the Town of Ithaca Code to be permitted to renovate the interior of a home located at 111
Christopher Circle, Town of Ithaca Tax Parcel No. 71 - 1 -21 , Medium Density Residential Zone. The home contains an existing
addition that encroaches into the required 30-foot rear yard setback. The addition was added in 1985 and did not receive a variance
from the Zoning Board of Appeals.
APPEAL of Edward *Kratil, Owner/Appellant;- requesting an area variance from the requirements of Chapter 270, Article VIII, Section
270=60(C) =of the Town , of .Ithaca Code. to. be permitted to construcCa workshop addition, to -an :existing .garage/barn located at 1:151
Danby Road; Town of :Ithaca Tax Parcel. No. 36-2- 18 , Low Density Residential Zone. .The , proposed addition will encroach into the
required side yard setback for structures, and garages in a Low Density Residential Zone. The appellant may. also require a variance
from Section 270-60(E) , as accessory buildings may not occupy any open space other than a rear yard.
APPEAL of Ithaca College, Owner/Appellant, Jeffrey R. Paddock, Agent, requesting height variances from the requirements of
Chapter 270 , Article IX, Section 270-70 of the Town of Ithaca Code to erect two poles and loud speakers for a mass notification alert
system located on the roof of Phillips Hall and in a wooded area between Wood Field and College Circle Road on the Ithaca College
Campus, 953 Danby Road, Town of Ithaca Tax Parcel No. 41 - 1 -30 .2 ; Medium Density Residential Zone. The proposed poles will
exceed the maximum height allowed for structures in the Medium Density Residential Zone.
APPEAL of Richard and Sally Mennen, Owners/Appellants, requesting a height variance from the requirements of Chapter 270 ,
Article VII, Section 270-46 of the Town of Ithaca Code, to be permitted to construct a connection between a garage and the existing
home and to convert the garage from storage into additional living space, . The property is located at 997 Taughannock Boulevard,
Town of Ithaca Tax Parcel No. 21 -2-26, Lakefront Residential Zone. Proposed conversion of the garage into additional living space
and connection of the garage to the main home creates one main building and exceeds the maximum permitted height for buildings in
the Lakefront Residential Zone. Appellants received a height variance from the Zoning Board of Appeals for the construction of the
accessory garage in March 2006 .
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 otherrspecial 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. ?; 1 . .
Jonathan Kanter, AICP
Director of Planning
607-273 - 1747
Dated: September 7, 2007
Published: September 10, 2007
--- - FILE
DA
GM
TOWN of ITHACA
no ZONING BOARD OF APPEALS
S � Monday , September 17 , 2007
7 : 00 p . m .
Present: Chairman Kirk Sigel
Board Members : Harry Ellsworth , Ron Krantz, Jim Niefer, and
Dick Matthews
Alternate Board Member David Mountin
Staff: Jonathan Kanter, Director of Planning ; Susan Brock, Attorney for the
Town ; Paulette Neilsen , Deputy Town Clerk
Excused : Alternate Board Member Eric Levine
Others : Burke Carson , 10 Willow Point Road , Ithaca
Lars Washburn , 112 Judd Falls Road
Marty Nichols , 610 Coddington Rd
Dave Auble , 111 King Rd W
John Yengo , 1147 Danby Rd
Lewis Clark and Alice Wu , 111 Christopher Circle
Ed Kratil , 1151 Danby Road
Rick Couture , 104 Westhaven Rd , Ithaca
William Ferguson , Member of the Public Safety Dept. Ithaca College
Sally Mennen , 997 Taughannock Boulevard
Chairperson Sigel — Good evening . Welcome to the September meeting of the Town of
Ithaca Zoning Board of Appeals meeting . Tonight we have 6 appeals and we will be
taking them in the following order.
The appeal of Judith Kellock
- The appeal of David Auble
The appeal of Lewis Clark
The appeal of Edward Kratil
- The appeal of Ithaca College
- The appeal of Richard and Sally Mennen
a
Edward Kratil , Owner/Appellant, requesting an area variance from the
requirements of Chapter 270 , Article VIII , Section 270=60( C) of the Town of Ithaca
Code to be permitted to construct a workshop addition to an existing garage/barn
located at 1151 Danby Road , Town of Ithaca Tax Parcel No . 36=2- 18 , Low Density
Residential Zone . The proposed addition will encroach into the required side yard
setback for structures and garages in a Low Density Residential Zone . The
appellant may also require a variance from Section 270=60 ( E ) , as accessory
buildings may not occupy any open space other than a rear yard
Chairperson Sigel — Please start with your name and address .
Ed Kratil , 1151 Danby Road
Chairperson Sigel — Is there anything you would like to add at the start?
Mr. Kratil — I was here in front of you 3 years ago where you approved a 5 foot side yard
setback for this building as well as a height variance . I have . . .
Chairperson Sigel — I ' m sorry. Could you pull the microphone a little closer? Thanks .
Mr. Kratil — My hobbies seem to have outgrown my space . Within the past 3 years I
have picked up 2 older cars , collector cars and I have not a lot of space to swing a
board around really . My wife parks in this garage as well as myself and then I have
these two other vehicles , which doesn 't . . . it takes up a lot of space . So the additional 24
feet in the back would allow me to do household projects and other things related to the
automobiles that wouldn 't necessarily throw sawdust or . . .there ' s a certain separation
there .
Chairperson Sigel — How large is your lot?
Mr. Kratil — Two and a half acres , 2 . 4 1 believe .
Chairperson Sigel — What is the allowable square footage for accessory buildings for
that size lot? I forgot what the . . .
Ms . Brock — Accessory buildings that are not a garage , Kirk? Is that what you are
looking for? I ' ll read you what it says for permitted accessory buildings , 99 up to three
accessory buildings other than a garage , all such accessory buildings in the aggregate ,
not to exceed a total of 600 square feet in size unless the lot is 3 acres or larger, which
in case the aggregate area of the accessory building may not exceed 2 , 000 square
feet . ,,
Chairperson Sigel — But there is no restriction on something that is a garage . Is that
true?
Ms . Brock — Give me a minute to make sure . . . I believe that is true .
Chairperson Sigel — When you are finished with this , it is going to be all one building ?
Mr. Kratil — Yes , sir.
Chairperson Sigel — You are going to be removing at least part of that back wall of the
existing structure .
Mr. Kratil — The wall will stay but the siding will come off and there will be an opening
cut in so you can go from one spot to the other.
Chairperson Sigel — So a doorway?
Mr. Kratil — Yes .
Chairperson Sigel — Okay.
Ms . Brock — Kirk , there is some maximum lot coverage requirements for accessory
buildings . Accessory buildings in the aggregate may not occupy more than 15 % of any
required rear yard .
Chairperson Sigel — Okay .
Ms . Brock — That' s it . I don 't think there is any square footage limitation on . . . ( not
audible ) . . .
Mr. Kratil — I believe as part of the application as well it asks how much built area is on
the property itself and I believe I came up with 3 percent and that was including my
house . I ' m well under 15 percent .
Chairperson Sigel — And this is clearly a garage , so . . . anyone have any questions or
comments? I mean personally I was actually at first reluctant to grant the original
variance , but then after considering the particular law and its pretty far back and its well
screened and actually its sited nicely on the property even though its somewhat close to
the property line . Then obviously this addition is even further back.
Mr. Krantz — You can 't see it from the road .
B
Chairperson Sigel — Well screened . It' s even well-screened from the neighbor...
Mr. Matthews — I ' m just a little confused about the print here , the blue print . And it
shows on the left hand side of this print , this one here , that there was a 5 yard setback
variance granted and I think the arrow points to the dashed am as the variance line ,
right?
Chairperson Sigel — Well , the dashed line is 5 feet in from the property line .
Mr. Matthews — Okay . So he has not gone into that 5 feet? He ' s still short?
Chairperson Sigel — No , but I' m pretty sure that it was the case that when we granted
that variance for 5 feet it was only to build what was proposed at the time . .
Ms . Brock — Kirk , that' s correct . The condition was that the structure be built
substantially as shown on the applicant' s plans and sited as indicated on the applicant' s
plans .
Mr. Matthews — So what was built at the time?
Chairperson Sigel — Well , the existing barn .
Mr. Matthews — Oh , I see .
Mr. Kratil — 26 x 40 .
Mr. Matthews — Okay .
Chairperson Sigel — So that existing barn was granted a variance to be as close as 5
feet , which the applicant actually didn 't get that close to . . . but the variance didn 't allow
unlimited building within 5 feet, just for that proposal so that is why he needs a separate
variance for this new proposal .
Mr. Matthews — Yeah . It' s out in the country and it' s out of view.
Mr. Ellsworth - And it' s only the corner that comes within 5 feet . .
Chairperson Sigel — Any other questions , comments? Okay . We will open the public
hearing . Anyone wish to speak? Are you . . .
Male voice — I am the neighbor.
Chairperson Sigel — We would actually like you to come speak now, not that you weren 't
welcome before .
Mr. Yengo — I represent Lillian Yengo , who is the owner of record of the property in
question . We are his neighbors to the north and you couldn 't ask for a better member of
the Town of Ithaca , Ed and Debby Kratil . I couldn 't ask for better neighbors . They took
a 100 year old house and continued to remodel it after I did and they added to it and
with the barn . And I happen to have a barn next to his barn that extends further back
than the barn he has already. So again , your remarks are that he is screened from any
point of view. A barn is looking at a barn . But you just couldn 't ask for a better member
of the community and the work that they do and how they handle their grounds , and
their fauna and their everything else , its just a . . . to cooperate with his desires
is . . . besides being code compliant is what we should be doing and I ' m pleased to have
him as a neighbor.
Chairperson Sigel — Thank you very much . Okay if there is no one else who wishes to
speak we' ll close the public hearing . Anyone else have any questions , comments? I
will move to grant the appeal of Edward Kratil , requesting an area variance from the
requirements of Chapter 270 , Article VI I I , Section 270-60C of the. Town of Ithaca Code
to be permitted to construct a workshop addition to an existing garage and barn located
at 1151 Danby Road , Town of Ithaca tax parcel number 36 . -2.- 18 , low density residential
zone . The proposed addition will encroach into the required side yard
setback . . . ( coughing by another) . . . structures and garages in a low density residential
zone . Susan , what is your opinion on the Section 270-60E?
Ms . Brock — You do not need this variance because this garage is in the rear yard and
garages are permitted in the rear yard .
Mr. Kanter — And that' s thanks in large part to our . . . the new law, that more clearly
defines side and rear yards .
Chairperson Sigel — Okay . This motion has the following conditions : 1 ) that the new
structure being built be no closer to the side lot line than 5 feet and 2 ) that the structure
be built as indicated on the applicant' s plans , 3 ) that no further structure be allowed to
encroach within the required side yard setback . And with the following findings : that the
requirements . . . that the benefit to the applicant does outweigh any detriment to the
health , safety , and welfare of the community, specifically that while the benefit the
applicant wishes to achieve which is expanded garage space could be achieved on
another portion of his property , but it would not work nearly as well for him and would
involve creating more structure visible from the road and from other neighbors . 2 ) that
there will not be an undesirable change in the neighborhood character or to nearby
properties given that the proposed structure is well-screened . At the request . . . is in this
case substantial , but none-the- less , mitigated by the other factors , that there will be no
adverse physical or environmental affect and that while the alleged difficulty is self-
created , again it is mitigated by the other factors in this case . Second ?
Mr. Krantz — Second .
Chairperson Sigel — All in favor?
,
Board — Aye .
Chairperson Sigel . — Okay. Thank you very much .
ZB RESOLUTION NO. 2007 — 042 : AREA VARIANCE, Ed Kratil, 1151 Danby Road,
Tax Parcel No. 36. -2- 18
MOTION made by Kirk Sigel, seconded by Ron Krantz.
RESOLVED Edward Kratil, requesting an area variance from the requirements of
Chapter 270, Article Vlll, Section 270-60(C) of the Town of Ithaca Code to be permitted
to construct a workshop addition to an existing garage/barn located at 1151 Danby
Road, Town of Ithaca Tax Parcel No. 36-2- 18, Low Density Residential Zone. The
proposed addition will encroach into the required side yard setback for structures and
garages in a Low Density Residential Zone.
This motion has the following
CONDITIONS
1 . That the new structure being built be no closer to the side lot line than 5 feet, and
2. That the structure be built as indicated on the Applicant's plans, and
3. That no further structure be allowed to encroach within the required side yard
setback.
With the following
FINDINGS
That the benefit to the Applicant does outweigh any detriment to the health, safety
and welfare of the community. Specifically,
1 . That while the benefit that the Applicant wishes to achieve, which is expanded
garage space, could be achieved on another portion of the property, but it would
not work nearly as well for him and would create a structure more visible from the
road and to the neighbors, and
2. That there will not be an undesirable change to the neighborhood character or to
nearby properties, given that the structure is well screened, and
3. That the request is, in this case, substantial, but nonetheless mitigated by the
other factors, and
p
41 That there will be no adverse physical or environmental effects, and
5. That while the alleged difficulty is self created, again, it is mitigated by the other
factors in this case.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Matthews, Niefer
NAYS: None
The MOTION was carried unanimously.
FILE
DATE
ZB RESOLUTION NO . 2007 — ,042 AREA VARIANCE
Ed Xratil
1151 Danby Road
Tax ,Parcel -No . 36 . -2-18
September 17, 2007
MOTION made by Kirk Sigel , seconded by Ron Krantz ,
RESOLVED Edward Kratil , requesting an area variance from the requirements of
Chapter 270 , Article VIII , Section 270-60(C) of the Town of Ithaca Code to be permitted
to construct a workshop addition to an existing garage/barn located at 1151 Danby
Road , Town of Ithaca Tax Parcel No , 36-2- 18 , Low "Density Residential Zone . The
proposed addition will encroach into the required side yard setback for structures and
garages in a Low Density Residential Zone .
This motion has the following
CONDITIONS
1 . That the new structure being built be no closer to the side lot line than 5 feet, and
2 . That the structure be ,built as indicated on the Applicant's plans , and
3 . That no further structure be allowed to encroach within the required side yard
setback .
With the following
FINDINGS
That the benefit to the Applicant does outweigh any detriment to the health , safety
and welfare of the community. Specifically,
1 . That while the benefit that the Applicant wishes to achieve , which is expanded
garage space , could bet achieved on another ,portion of the property , but it would
not work nearly as well for him and would create a structure more visible . from the
road and to the neighbors , and
2 . That there will not be an undesirable change to the neighborhood character or to
nearby properties , given that the structure is well screened , and
3 . That the request is , in this case , substantial , but nonetheless mitigated by the
other factors , and
4 . That there will be no adverse physical or environmental effects , and
5 . That while the alleged difficulty is self created , again , it is mitigated by the other
factors in this case .
The vote on the MOTION resulted as follows :
AYES : Sigel , Ellsworth , Krantz , Matthews , Neifer
NAYS : None
The MOTION was carried unanimously .
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA :
I , Paulette Neilsen , 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 17th day of
September 2007 ,
Deputy Town er
Town of Ithaca
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, SEPTEMBER 17, 2007
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, September 17 , 2007 , in Town Hall , 215 North Tioga Street, Tioga Street
Entrance, Ithaca, NY , COMMENCING at 7 : 00 p . m . , on the following matters :
ADJOURNED APPEAL of Judith Kellock, Owner/Appellant, Burke Carson, Agent, requesting variances from the requirements of
Chapter 270, Article IX, Section 270-71 (A) and Article XXV, Section 270-205 (A) of the Town of Ithaca Code, to be permitted to
install a 5 '6" x 16' sunroom addition onto the front of a single family home located at 110 Judd Falls Road , Town of Ithaca Tax Parcel
No. 66-5 -9. 1 , Medium Density Residential Zone. The property contains an existing non-conforming home on an existing non-
conforming lot. Installing the sunroom to create additional living space will expand the existing non-conformity and encroach into the
25 -foot minimum front yard setback. The appeal was adjourned from the August 20`h meeting to allow the appellant to gather
neighbor signatures and present a modified proposal to the Zoning Board .
APPEAL of David Auble, Owner/Appellant, Martin Nichols, Agent, requesting variances from the requirements of Chapter 270,
Article XXVI, Section 270-219 .2(A) and Article XXV, Section 270-205 (A) of the Town of Ithaca Code to be permitted to renovate
the interior of an existing garage to create a home occupation within a residence located at 111 West King Road, Town of Ithaca Tax
Parcel No . 37- 1 - 16, Neighborhood Commercial Zone . The garage is an existing non-conforming structure and altering it will increase
its non-conformity . Additionally, the area for the proposed home occupation will exceed the maximum allowable area required by
Town Code.
APPEAL of Lewis M . Clark and Alice Wu, Owners/Appellants, requesting an area variance from the requirements of Chapter 270,
Article IX, Section 270-71 (B ) of the Town of Ithaca Code to be permitted to renovate the interior of a home located at 1 1 1
Christopher Circle, Town of Ithaca Tax Parcel No. 71 - 1 -21 , Medium Density Residential Zone. The home contains an existing
addition that encroaches into the required 30-foot rear yard setback. The addition was added in 1985 and did not receive a variance
from the Zoning Board of Appeals .
APPEAL of Edward Kratil , Owner/Appellant, requesting an area variance from the requirements of Chapter 270, Article VIII, Section
270-60(C) of the Town of Ithaca Code to be permitted to construct a workshop addition to an existing garage/barn located at 1151
Danby Road, Town of Ithaca Tax Parcel No. 36-2- 18 , Low Density Residential Zone. The proposed addition will encroach into the
required side yard setback for structures and garages in a Low Density Residential Zone. The appellant may also require a variance
from Section 270-60(E) , as accessory buildings may not occupy any open space other than a rear yard.
APPEAL of Ithaca College, Owner/Appellant, Jeffrey R. Paddock, Agent, requesting height variances from the requirements of
Chapter 270, Article IX, Section 270-70 of the Town of Ithaca Code to erect two poles and loud speakers for a mass notification alert
system located on the roof of Phillips Hall and in a wooded area between Wood Field and College Circle Road on the Ithaca College
Campus, 953 Danby Road, Town of Ithaca Tax Parcel No . 41 - 1 -30.2, Medium Density Residential Zone . The proposed poles will
exceed the maximum height allowed for structures in the Medium Density Residential Zone .
APPEAL of Richard and Sally Mennen, Owners/Appellants, requesting a height variance from the requirements of Chapter 270,
Article VII, Section 270-46 of the Town of Ithaca Code, to be permitted to construct a connection between a garage and the existing
home and to convert the garage from storage into additional living space, . The property is located at 997 Taughannock Boulevard ,
Town of Ithaca Tax Parcel No. 21 -2-26, Lakefront Residential Zone. Proposed conversion of the garage into additional living space
and connection of the garage to the main home creates one main building and exceeds the maximum permitted height for buildings in
the Lakefront Residential Zone . Appellants received a height variance from the Zoning Board of Appeals for the construction of the
accessory garage in March 2006 .
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.
Jonathan Kanter, AICP
Director of Planning
607-273 - 1747
Dated : September 7 , 2007
Published : September 10, 2007
TOWN . OF ITHACA ZONING BOARD OF APPEALS
MAY 17 , 2004
APPROVED MINUTES .
, CHAIRPERSON SIGEL — Sorry about that . See you next month . OK , . the next
appeal is that of Edward Kratil . . .
APPEAL of Edward Kratil , Appellant , requesting a variance from the
requirements of Article VIII , Sections 806 and 807 of the revised Town . of .
Ithaca Zoning Ordinance ( effective April 1 , 2004) , to construct a 1 , 040 +
square foot accessory/garage building with a loft located at 1151 Danby
Road , Town of Ithaca Tax Parcel No . 36 -2 -18 , Low Density Residential Zone . .
Said building will exceed the 15 foot height limit and is proposed to have a
side yard setback of . 5 ± feet.
CHAIRPERSON SIGEL — Hi .
Mr . Kratil — Edward Kratil , 1151 Danby Road .
Mrs . Kratil — And Deborah Kratil , 1151 Danby Road .
Mr. Kratil — What we would like to do is provide parking on a daily basis for the
two vehicles , as well as shop space in the back to restore an old car as well as
some loft space for storage up top , up above . I assure you there is no distillery
involved .
CHAIRPERSON SIGEL — If there was you may want to put it up on the second
floor in the back .
Mr . Kratil — that may work . We are asking for two variances , one is in height , just
to provide us with some extra storage space up above . And the second would
be to encroach in the 15-foot side-yard setback required by what is considered a
one-story garage . Due to the placement of the house on the site and the siting of
the existing gravel driveway , we would like to fit this structure between the
property line and out existing shed , so we don ' t have to move it . In addition we
would like to keep the roof pitches appropriate to the house that we own ,
therefore we would need the additional variance for the height .
CHAIRPERSON SIGEL — I stopped by your home today and looked out back
and I have to say I don 't really have a problem with the height , but I do find it
hard to believe that you can 't situate it reasonably on the lot such that it doesn ' t
encroach on the 40 foot or close to a 40 foot setback . I mean , is there a reason
why you' re trying . to retain the existing shed in particular. It seems pretty small
compared to what you ' re building .
Mr . Kratil — It is . I think that ' s probably the best spot for the garage , because it is
a straight shot off the gravel roundabout that exists now . If we were to remove
the existing shed , we would lose a lot more green space that you can see right
from the back of the house .
39
TOWN OF ITHACA ZONING BOARD OF APPEALS .
MAY 17 , 2004
APPROVED MINUTES
CHAIRPERSON SIGEL — I mean I appreciate your feeling that that may be the
best spot for the new structure from your point of view, but on the other hand you
have a fairly large lot , you do have some considerable flexibility as to where you
can place it , and at least as' far as I can see it would seem still pretty reasonable
to basically put it where the shed is now , and one of the findings we need to
make when we grant a variance is that there is no reasonable alternative other
than getting the variance to achieve what the applicant wants to achieve , and in
this case I would have a hard time making that finding since , you know ; it would
be pretty easy for you to move it over, and if it were set back say partly , I mean ,
either location you would put it , I assume you would take out some trees , sort of
set it back into the woods a little bit .
Mr. Kratil — There are two remaining trees that would need to be removed .
CHAIRPERSON SIGEL — OK , so I mean setting it back a little farther into the
wooded area or moving it over some , I don 't really see a significant difficulty in
that . That's just my feeling , I ' ll let other board members .
Mr. Krantz — I concur with your conclusion .
CHAIRPERSON SIGEL — OK .
i
Mr. Ellsworth — I agree . I don 't think it has to be 40 feet necessarily .
Mr. Kratil — The existing shed is 43 feet from the property line .
CHAIRPERSON SIGEL — Yeah .
Mr. Kratil — Which would put I guess the left side of the garage right about at the
left side of the existing shed , that would mean we would have to gravel about 50
feet almost in a diagonal toward the southeast , and .that would take up whatever
grass we have between the existing maple to be saved there and the large pine
trees on the right hand side. Whereas if we kept it in a straight shot , we would
still have some green space back there .
Mr . Frost — I mean he shows on his map on the larger site sketch , existing maple
tree to be saved , which kind of pushes the . . .
CHAIRPERSON SIGEL SIGEL — Well that' s going to be saved no matter where
he puts the . . .
Mr . Frost — Well I mean if he 's ' going to have a driveway in . Are you going to
have a driveway into this that' s not shown on this sketch ?
Mr . Kratil — Yes , basically it 's going to be a straight , straight shot .into the . . .
40
TOWN . OF ITHACA ZONING BOARD OF APPEALS
MAY 17 , 2004
APPROVED MINUTES
Mr . Frost — It wouldn 't be a straight shot to the driveway if he has to line it up with
the . . .
CHAIRPERSON SIGEL — OK , so normally the setback is 40 feet but you ' re
allowed 25 feet for the garage , but this exceeds the height for a garage . So you
couldn 't put it 15 feet by right .
Mr. Frost — But you know the ordinance , and I ' m not so sure the new ordinance
clearly addresses this , the old ordinance considers the garage an accessory
building and an accessory building can be 3 or 5 feet from the property line , but
they specifically say a garage has to be 15 foot , so if he didn ' t park a car in there
he could be 3 .feet or 5 feet in this zone . The fact that he puts a car in there . . .
CHAIRPERSON SIGEL — But can an accessory building be this high ?
Mr. Frost - No .
CHAIRPERSON SIGEL — OK .
Mr. Frost - we still have the height variance .
Mr. Kratil — they also have one story garage and a two-story garage , too .
Mr . Frost — This is a storage loft , so I don 't know. In some cases , the building
code doesn 't consider a loft or a mezzanine a story , if the loft or mezzanine is no
more than a third of the. floor area of the space below .
Mr. Kratil — There is no intended living space up there .
Mr . Frost — I guess what I ' m saying is that if he weren 't putting a car in there , he ' d
be fine with a five foot setback I think in this particular zone . The fact that he's
putting a car in there is making him have to have an increased setback and then
the height is the height .
CHAIRPERSON SIGEL — Right , right . Well , if no one else has any comments ,
maybe we ' ll open the public hearing , see if anyone has any comments before we
start to haggle over differences . We ' ll open the public hearing now, . if anyone
wishes to speak , sir, please .
Chairperson Sigel opens the public hearing at 9: 03 p . m .
Mr. Yengo — John Yengo . I ' m hear representing my wife who owns the property
at 1147 to 1149 Danby Road , lot 36-2 -2 . 2 . These folks are my neighbors . He ' s
reviewed his entire plan with both my wife and myself. I couldn 't ask for better
41
TOWN OF ITHACA ZONING BOARD OF APPEALS
MAY 17 , 2004
APPROVED MINUTES
neighbors . I couldn 't ask for a better plan . I 'M here to support any decision that
he makes in building this facility . The issue as I see it is height , well the trees are
about 4 times as tall as he wants to build his garage . So he 's not going to
remove them , he's going to set his garage among them which will certainly
enhance the beautiful , the beauty of his 100 year old house that he lives in . He
has the personal skills to do this .
CHAIRPERSON SIGEL — for me personally I ' m not so concerned about the
height , just about the rather small setback that he proposed from the lot line .
Mr. Yengo — Well , I heard you say that you visited the site , and if you walk back
there you will see that it is quite wooded . And this is why people buy properties
like this . They want the woods to remain , they don 't want to think in terms of
tearing down , cutting down trees . So the reason he hasn 't moved in one
direction or the other is because of it . And the other thing is , as he perceives it,
it's a straight line again coming off of Route 96 B . You want a straight line to
your garage . You don 't want any curves or anything , because you ' ll never make
it in wintertime . But , I just think that the project is done in a professional manner,
I think that the neighbor who has been there since 1962 , 1 can 't even. add it up
anymore , doesn 't object . He 's over 200 feet away from his other neighbor.
Ithaca College owns everything behind him , so god forbid someday they' re going
to come in and emancipate the whole territory , so he's going to be — he 's
probably going to be the one who ' s going to suffer with that particular excavate .
They own 30 acres behind him . So , why can 't he do what he wants now?
CHAIRPERSON SIGEL — OK , thank you very much for your comments .
MR . BARNEY — What' s the total height of this building ?
Mr . Kratil — I scaled off the builders drawings , and we' re looking at 22 feet .
Mr. Barney — 22 feet ? That' s all the way to the peak of the roof?
Mr. Kratil — That's correct .
CHAIRPERSON SIGEL — Anyone else wish to speak? If not , we ' ll close the
public hearing . Well , for me personally , given the ringing endorsement of your
neighbor there , I would feel comfortable imposing the normal setback for a
garage which is only 1 . 5 feet which I don 't think would affect your, and depending
on how you angle it may require that you move or remove the shed , but I don 't
that would affect the layout . . .
Mr. Kratil — That would require the removal of the shed .
CHAIRPERSON SIGEL — OK . But I mean otherwise I don 't think it would affect
the layout a whole lot as far as the utility of the structure for you . I don 't know
42
TOWN . OF ITHACA ZONING BOARD OF APPEALS
MAY 17 , 2004
APPROVED MINUTES
how others feel . If other board members feel like 15 feet would ::;be a large
enough setback or not .
Mr. Krantz — Sure .
CHAIRPERSON SIGEL — OK .
Mr. Krantz — And the height variance .
Mr. Barney — I ' m sorry , I didn 't understand your answer to the question , Mr.
Kratil , if you go 15 feet , you would . have to remove that shed ?
Mr. Kratil — I do believe so , yes .
Mr. Smith — The dimensions are right up here — there ' s 43 feet between the shed
and the property line . If you take the 15 foot setback off of that , you have 28 feet ,
and the building width is 26 feet , so. it seems like it might squeeze in .
CHAIRPERSON SIGEL — you 'd squeeze it in there a little .
Mrs . Kratil - We ' d have to move the shed because we ' d have side doors to get
lawnmowers and tools and all kinds of things out , the shed would have to move
in order let the doors fold in to bring access to the . . .
Mr . Barney — To the garage ?
Mr. Kratil — To the shop area .
Mrs . Kratil — To the shop area , yeah .
Mr. Frost — to the new building . Would the board consider something close to 15
foot , but not 5 foot , that maybe will enable him to get his doors open on the
shed ? I don 't know what that number would be , but . . .
CHAIRPERSON SIGEL — It seems like you would have to lose - I mean the 15
foot is already pretty modest , I mean I think it' s pretty modest considering that its
higher than a normal garage .
Mr. Barney — We ' re trespassing now from legal to policy , and I know I ' m doing
that. If you have a next door neighbor for whom these yard setback
requirements are basically designed to protect , and he 's saying I don 't care , I like
it where it is there , and there are some difficulties , although not necessarily
insurmountable ones , but difficulties in siting it , why not go with the . . . The next
door neighbor was` here and concerned about it , then that' s a different story , but
your balancing the pros for the one side , the applicant to the detriment of the
neighbor , but the neighbor is saying there isn ' t any detriment .
43
TOWN OF ITHACA ZONING BOARD OF APPEALS
MAY 17 , 2004 .
APPROVED MINUTES
CHAIRPERSON SIGEL — That' s a good point . John is pointing out that the test
we are supposed to make is the balance of the benefit to the applicant versus the
detriment to the surrounding community , which in this case is obviously the
neighbor on that side , and the neighbor is fully in favor of locating it where the
neighbor has requested .
Mr. Krantz — OK , fine with me .
Mr. Barney Do I get to vote now?
CHAIRPERSON SIGEL — I think you just did . Alright so do we need to do
environmental assessment for just an area variance ? OK , any comments on - it?
No , OK . Alright , well I guess that the town attorney convinced us .
Mr. Barney — It's your decision .
CHAIRPERSON SIGEL — I know . OK, I will move to grant the appeal of Edward
Kratil requesting variance from the requirements of Article VIII , Sections 806 and
807 of the revised Town of Ithaca Zoning Ordinance ( effective April 1 , 2004 ) , to
construct a 1 , 040 ± square foot accessory/garage building with - a loft located at
1151 Danby Road , Town of Ithaca Tax Parcel No . 36-2- 18 , Low Density
Residential District . Said building will exceed the 15 foot height limit and will be
no greater than 22 feet? Are you OK with that?
Mr. Kratil - OK .
CHAIRPERSON SIGEL — Will be no greater in height than 22 feet and will be no
closer to the north side?
Mr. Kratil — Uh , yes .
CHAIRPERSON SIGEL — No closer to the north side lot line than 5 feet , , with the
finding that the requirements for an area variance has been satisfied and with the
condition that the structure be built substantially similar, or substantially as shown
on the applicant' s plans and sited as indicated on the applicant' s plans . Second ?
Mr. Ellsworth — Second .
CHAIRPERSON SIGEL — All in favor?
ZB RESOLUTION NO . 2004 - 025 : Edward Kratil , 1151 Danby Road , Town of
Ithaca Tax Parcel No . 36 . =2 -18 , Low Density Residential Zone .
MOTION made by Kirk Sigel , seconded by Harry Ellsworth .
44
TOWN . OF ITHACA ZONING BOARD OF APPEALS
MAY 17 , 2004
APPROVED MINUTES.
RESOLVED that this, Board grants the appeal of Edward Kratil , Appellant ,
requesting a variance from the requirements of Article VIII , Sections 806 and 807
of the revised Town of Ithaca Zoning Ordinance ( effective April 1 , 2004 ) , to
construct a 1 , 040 ± square foot accessory/garage building with a loft located at
1151 Danby Road , Town of Ithaca Tax Parcel No . 36-2- 18 , Low Density
Residential Zone . 'Said building height will exceed the 15 foot limit and must be
no greater in height than 22 feet and must be no closer to the north side lot line
than .5 feet.
FINDINGS :
The requirements for an area variance have been satisfied .
CONDITIONS :
The structure be built substantially as shown on the applicant's plans and sited
as indicated on the applicant's plans .
The vote on the a MOTION resulted as follows :
AYES : Sigel , Ellsworth , Krantz , Niefer
NAYS : NONE
The MOTION was declared to be carried unanimously .
CHAIRPERSON SIGEL — Thank you very much .
Mr. Kratil - Thanks .
Mr. Hamilton — That' s all folks .
Mr. Frost — What did you do? Scare them away?
Mr . Hamilton — Scott Hamilton , 201 Christopher Lane . I ' m here to request a
variance to replace a stick-built 1 family residence , located at 930 Mitchell Street ,
with a modern new , tightened , 2004 tightened modular 1 story ranch . The new
structure would . . . and until we do the demolition , we won 't know exact , but would
be the same or smaller than the current structure , situated on the same footprint .
I think our plans have been presented .
CHAIRPERSON SIG EL — Do you need a variance to rebuild a . . .
Mr : Hamilton — Legal , non-conforming use?
45
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1151 Denby Road Ithaca, NY 14850 607-2733629
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DANBY ROAD — N.Y•S. ROUTE ` 968 SCALE 5
BARN ADDITION I I I- 25& PLOT PLAN
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Date: 16 Aug 07 Revised: 1 of 1
-----------------
Site Location for
1151 Danby Road --
1146 \
1147
1151
1157
1156 ■ —
6
— Town Parcels LI Ej
- 2
Buildings � � LR
k� UNA L -1 MDR
MHP G
Y Zoning MR S
- AG NC /
i
E A C OPC 101 s
CC I P
- HDR VFR
—--� I Roads / N
LC
Forest
-� LDR Home 103
District 108
a.y
. 1151 Danby Road
Proposed addition to
garage barn (red
building behind and to the left of the
home). Addition will
be located behind the
garage/barn.
111 West King Road
Proposed home
occupation will be
located in garage (to
left of the home)
Dam Holford
From : Jonathan Kanter
Sent: Monday, July 16 , 200710 : 41 AM
To : Chris Balestra; Dani Holford
Subject: Ed Kratil , 1151 Danby Road
Chris , Dani :
spoke with Ed Kratil , who is proposing to construct an addition for a workshop onto his garage at the location indicated
above, for which he obtained a height and side yard variance in 2004 (ZBA Resolution No . 2004-025). The condition of the
variances was that the structure be built substantially as shown on the applicant's plans and sited as indicated on the
applicant's plans . The garage was approved at .the time with a height of about 22 feet (exceeding the 15 height limit) and a
side yard setback of 5 feet (where 15 feet is required ) . The addition would be on the back of the garage and would be 26
feet wide (same width as existing garage) and about 24 +/- feet long (although the plans have not been finalized yet) . The
height of the addition would be about 18 feet, 6 inches .
This would be a modification of the previously granted variances , and would require an application to the ZBA. I told Mr.
Kratil that the deadline for the August 20th meeting is this Friday, July 20th , and that he could get the application materials
from Dani or from the web site . He is not sure whether he will have time to have- the plans completed in time to submit on
Friday, and I told him that the next meeting would be Sept . 17th . He. wants to do the construction this fall , so he is trying to
get the application in by Friday.
Dani has the file for the 2004 variances .
Jon
Jonathan Kanter, AICP
Director of Planning
Town of Ithaca
215 North Tioga Street
Ithaca , NY 14850
(607) 273- 1747
FAX: (607) 273-1704
email : jkanter @town . ithaca . ny. us
1
ly All% OF I r
lez�= TOWN OF ITHACA
215 N. Tioga Street, ITHACA, N . Y. 14850
TOWN CLERK 273- 1721 HIGHWAY (Roads, Parks, Trails, Water&Sewer) 273- 1656 ENGINEERING 273- 1747
PLANNING 273 - 1747 ZONING 273- 1783
FAX (607) 273- 1704
PLANNING DEPARTMENT MEMORANDUM
To : Zoning Board of Appeals Members
From : Christine Balestra, Planner
Date : September 10, 2007
RE : . 1151 Danby Road — Area Variance
Enclosed please find materials related to the proposed area variance for 1151 Danby Road, Tax
Parcel No . 36-2 - 18 , Low Density Residential (LDR) Zone. The proposal includes constructing a
workshop addition to an existing garage/barn. The proposed addition will encroach into the
required 15 - foot side yard setback for garages in the LDR zone.
The appellant received an area variance from the ZBA in May of 2004 to construct the existing
garage/barn with a 5 - foot side yard setback (although the built garage ended up further in from
the approved setback line) . Please refer to the enclosed minutes and resolution from that
meeting. The appellant now wishes to construct a 624+/- square foot workshop addition to the
garage/bam. According to the enclosed site plan, the proposed addition will be located
approximately 5+/- feet from the side lot line . As in the previously approved proposal, the Town
Code requires a 15 -foot side yard setback for garages in the LDR zone. Therefore, the appellant
seeks another area variance to build a garage addition that encroaches into the required side yard
setback.
According to 6 NYCRR 617 (State Environmental Quality Review Law), area variances for
single, two , or three-family residences are considered a Type II Action, as is granting of
individual setback and lot line variances . Therefore, the variance does not require an
environmental review and determination by the Board .
Please contact me by phone at 273 - 1747 or by email at cbalestra@town.ithaca.ny.us with any
questions you may have regarding this proposal .
Att.
1
ZONING BOARD OF APPEALS
AREA VARIANCE CRITERIA - (completed by Applicant) .
Applicant: EDL.)A9J) V. V gAV C
Address of Property Concerning Appeal : ) / 5 j DAN 6' KP )V(ACA
.Tax Map No. :
TEST : No area variance will be granted without a consideration by the Board of the following factors .
1 . Whether undesirable change would be produced in the character of the neighborhood or a detriment to nearby
properties : Yes NojL Please explain below even if you checked No
Reasons : UI Sl �3tE
r jv✓1 y ow ( lL
2 . Whether benefit sought by applicant can be achieved by a feasible alternative to the variance :
Yes No K Please explain below even if you checked No
Reasons :
LocA77pj by Apt), 77nj jS 14 7kr 6Py1n to SPo -� foi2 Fuut7/odALITY c Aesruc7L
3 . Whether the requested variance is substantial : Yes No ,� Please explain below even if you checked No
Reasons :
A107-K1S;7xA Bur l /d4 u�ylS GIIAal D la ri Sept' Y � Sri leiC , A �DiTIo%! ,IGC A107- tit
Q S ISiiiwnAt id6feXer n0i 0WAA16
4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? :
Yes No Please explain below even if you checked No
Reasons : 1
At> ood Oita <3tuLT `fo ratsvA tmdCUOW' VL PAOAwt= S cf T�C 4, D,XW
7WC WE16 &ak000 81( 4)6j /T15
5 . Whether the alleged difficulty was self-created: Yes C No _
Please explain below even if you checked No
Reasons :
C)dDERC5rwAi7n 7-Vc SIDE J SCOPC OF /H 'f NO&C5 So AAP117a.:lrt 56
TOWN OF ITHACA
215 N . Tioga Street, ITHACA, N .Y . 14850
TOWN CLERK 273- 1721 ENGINEERING 273- 1747 PLANNING 273- 1747 BUILDING AND ZONING 273- 1783 .
HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273- 1656
FAX (607) 273- 1704
Application for Appearance in front of the Zoning Board. of Appeals
Fee $ 100For Office Use Only t M h For Office Use Onty 74
� F1 T
Pro = a is located within or ad acent to ` `
CH E K ALL THAT APPLY
ti 1 y Date Received, 1 ` ;":
Area Variance h, ` County Ag' Distr> ct° " sr , � ;
£� `Cash or Check'No
Use Variance NA
I tYf
Sign Variance rt 4 r "N 'Zoning Dtstncts Y n
r .
1 Forest Home' Histoncal DistnctF
Sprinkler Variance ,A
i Y i H.
Special Approval
Gzys�
Requesting an appearance to be allowed to ,i3U/CQ A 24 ' AMT&W *1v x1d CESSaRY RUILDAIG
at Town of Ithaca Tax Parcel No. 2) 6 - 1� 19, , as shown
on the accompanying application and/or plans or other supporting documents, under Article(s) ,
Section(s) , of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this
Application Form. A description of the practical difficulties and unnecessary hardship and/or the Special Approval
authorization request is as follows :
(Additional sheets .may be attached as necessary.)
REQUeM 1 c Su Cu ew G
y c] ri Z 221 !//a REE7✓ cfliqwjM A 6 Fare 51ar 1 Sri 13/i" !e AMTmJ "CiLd) F
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: (�4 Ao(: o l
Signature of Appellant/Agent Date :
Print Name Here IflL, ) GPO 1, 1 k1ZATII
Home Telephone Number 6:a 233 -3b29 Work Telephone Number 60 Mow 4555
NOTE: If construction of work in accordance with any variances given does not commence within .18 months,
the variance will Your attendance at the meeting is strongly advised.
Revised 8/9/06
s
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY
PART 1 - PROJECT INFORMATION To be comp] ted by Applicant or Project Sponsor)
1 . Applicant/Sponsor 2 . Project Name
EDUA ? O U , /Z9ATIL 811&f WiTIoJ
3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map :)
17��1I� lv �l lL($t�b •
Tax Parcel Numbers
4. Is proposed action :
NEW? EXPANSION? MODIFICATION/ALTERATION?
5. Describe project briefly : (Include project purpose, present land use, current and future construction plans, and other
relevant items) $
62N sr kW 5A'0(0 AODI T10/1 'Tt F K15"A/c � t�l•( � w.? SAY
(Attach separate sheet(s) if necessary to adequately describe the proposed project.)
6. Amount of land affected:
Initially 0-5 rs Acres 6-10 rs >10 rs) Acres
7. How is land zoned presently?
8. Will proposed action comply with existing zoning or other existing land use restrictions?
Ye NO . If no, describe conflict briefly: QCa�so� CCrirCS se \WCk- VC+A �Ckno-�
9. Will proposed action lead to a request for new:
Public Road? YES NO _ ` ! Public Water? YES NO Public Sewer? YES NO �L
10. What is the present land use in the vicinity of the proposed project? Residential _ 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
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 _ CX NO ^ 5106 Y �
If yes, list agency name and permit/approval. Also, state whether it will require modification. pPpWc C-q 11l��(qutx�
w14 OF I714AC W CC A1QN 1CA yJ w V661YO 7V SQW- f=ooTV WCfr ,,
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY
KNOWLEDGE
Applicant/Sponsor Name (Print or Type) :
atJ490 Wo 149A-nc
Signature and Date: i 19a L'
Revised 8/9/06
1151 Danby Rd — area variance
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 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:
None Anticipated. The proposed garage addition appears to be in character with the surrounding residential community
and will architecturally and aesthetically match the proposed home and existing garage/barn on the property.
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:
i
None Anticipated. The proposed garage addition encroaches into the required 15 -foot side yard setback for garages in the
LDR zone. However, the variance request does not appear to be substantial, nor is it expected to have an adverse
environmental affect on the surrounding residential neighborhood.
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 C1-05? 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 , 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
Name of Lead Agency Preparer' s Signature(If different from Responsible Officer)
Kirk Sigel, Chairman
Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer
DATE :
Signature of Responsible Officer in Lead Agency
TOWN . OF ITHACA ZONING BOARD OF APPEALS
MAY 17 , 2004
APPROVED MINUTES
CHAIRPERSON SIGEL — Sorry about that . See you next month . OK , the next
appeal is that of Edward Kratil . . .
APPEAL of Edward Kratil , Appellant , requesting a variance from the
requirements of Article VIII , Sections 806 and 807 of the revised Town of
Ithaca Zoning Ordinance ( effective April 1 , 2004) , to construct a 1 , 040 +
square foot accessory/garage building with a loft located at 1151 Danby
Road , Town of Ithaca Tax Parcel No . 36 -2 -18 , Low Density Residential Zone .
Said building will exceed the 15 foot height limit and is proposed to have a
side yard setback of , 5 + feet.
CHAIRPERSON SIGEL — Hi .
Mr . Kratil - Edward Kratil , 1151 Danby Road .
Mrs . Kratil — And Deborah Kratil , 1151 Danby Road .
Mr. Kratil — What we would like to do is provide parking on a daily basis for the
two vehicles , as well as shop space in the back to restore an old car as well as
some loft space for storage up top , up above . I assure you there is no distillery
involved .
CHAIRPERSON SIGEL — If there was you may want to put it up on the second
floor in the back .
Mr . Kratil — that may work . We are asking for two variances , one is in height , just
to provide us with some extra storage space up above . And the second would
be to encroach in the 15-foot side-yard setback required by what is considered a
one-story garage . Due to the placement of the house on the site and the siting of
the existing gravel driveway , we would like to fit this structure between the
property line and out existing shed , so we don ' t have to move it . In addition we
would like to keep the roof pitches appropriate to the house that we own ,
therefore we would need the additional variance for the height .
CHAIRPERSON SIGEL — I stopped by your home today and looked out back
and I have to say I don 't really have a problem with the height , but I do find it
hard to believe that you can 't situate it reasonably on the lot such that it doesn ' t
encroach on the 40 foot or close to a 40 foot setback . I mean , is there a reason
why you ' re trying to retain the existing shed in particular. It seems pretty small
compared to what you ' re building .
Mr. Kratil — It is . I think that ' s probably the best spot for the garage , because it is
a straight shot off the gravel roundabout that exists now . If we were to remove
the existing shed , we would lose a lot more green space that you can see right
from the back of the house .
39
TOWN OF ITHACA ZONING BOARD OF APPEALS
MAY 17, 2004
APPROVED MINUTES
CHAIRPERSON SIGEL — I mean I appreciate your feeling that that maybe the
best spot for the new structure from your point of view, but on the other, hand -.you
have a fairly large lot , you do have some considerable flexibility as to where you .
can place it , and at least as far as I can see it would seem, still pretty reasonable
51 .
to basically put it where the shed is now , and one of the findings we need to
make when we grant a variance is that there is no reasonable alternative other
than getting the variance to achieve what the applicant wants to achieve , and in
this case I would have a hard time making that finding since , you know `it would
be pretty easy for you to move it over, and if it were set back say partly; I mean ,
either location you would put it , I assume you would take out some trees , sort of .
set it back into the woods a little bit.
Mr. Kratil — There are two remaining trees that would need to be removed .
CHAIRPERSON SIGEL — OK , so I mean setting it back a little farther into the
wooded area or moving it over .some , I don 't really see a significant difficulty in
that . That's just my feeling , I ' ll let other board members .
Mr. Krantz — I concur with your conclusion .
CHAIRPERSON SIGEL — OK .
Mr . Ellsworth = I agree . I don 't think it has to be 40 feet necessarily .
Mr. Kratil — The existing shed is 43 feet from the property line .
CHAIRPERSON SIGEL — Yeah .
Mr. Kratil — Which would put I guess the left side of the garage right about at the
left side of the existing shed , that would mean we would have to gravel about 50
feet almost in a diagonal toward the southeast , and that would take up whatever
grass we have between the existing maple to be saved there and the large pine
trees on the right hand side.. Whereas if we kept it in a straight shot , we would
still have some green space back there .
Mr . Frost — I mean he shows on his map on the larger site sketch , existing maple
tree. to be saved , which kind of pushes the . . .
CHAIRPERSON SIGEL SIGEL — Well that' s going to be saved no matter where
he puts the
Mr . Frost — Well I mean if he ' s ' going to have a driveway in . Are you going to
have a driveway into this that' s not shown on this sketch ?
Mr . Kratil — Yes , basically it' s going to be a straight , straight shot into the . . .
40
TOWN . OF ITHACA ZONING BOARD OF APPEALS
MAY 17 , 2004
APPROVED MINUTES
Mr . Frost — It wouldn 't be a straight shot to the driveway if he has to line it up with
the . . .
CHAIRPERSON SIGEL — OK , so normally the setback is 40 feet but you ' re
allowed 25 feet for the garage , but this exceeds the height for a garage. So you
couldn 't put it 15 feet by right.
Mr. Frost — But you know the ordinance , and I ' m not so sure the new ordinance
clearly addresses this , the old ordinance considers the garage an accessory
building and an accessory building can be 3 or 5 feet from the property line , but
they specifically say a garage has to be 15 foot , so if he didn't park a car in there
he could be 3 feet or 5 feet in this zone . The fact that he puts a car in there . . .`
CHAIRPERSON SIGEL — But can an. accessory building be this high ?
Mr. Frost - No .
CHAIRPERSON SIGEL — OK .
Mr. Frost - we still have the height variance .
Mr. Kratil — they also have one story garage and a two-story garage , too .
Mr. Frost — This is a storage loft , so I , don 't know . In some cases , the building
code doesn 't consider a loft or a mezzanine a story , if the loft or mezzanine is no
more than a third of the floor area of the space below .
Mr. Kratil — There is no intended living space up there .
Mr. Frost — I guess what I ' m saying is that if he weren ' t putting a car in there , he ' d
be fine with a five foot setback I think in this particular zone . The fact that he' s
putting a car in there is making him have to , have an . increased setback and then
the height is the height .
CHAIRPERSON SIGEL — Right , right . Well , if no one else has any comments ,
maybe we ' ll open the public hearing , see if anyone has any comments before we
start to haggle over differences . We ' ll open the public hearing now, if anyone
wishes to speak , sir , please .
Chairperson Sigel opens the public hearing at 9: 03 p. m.
Mr . Yengo — John Yengo . I ' m hear representing my wife who owns the property
at 1147 to 1149 Danby Road, lot 36 -2 -2 . 2 . These folks are my neighbors . He 's
reviewed his entire plan with both my wife and myself. I couldn 't ask for better
4l
TOWN OF ITHACA ZONING BOARD OF APPEALS
MAY 17 , 2004
APPROVED MINUTES
neighbors . I couldn 't ask for a better plan . I ' m here to support any decision that
he makes in building this facility . The issue as I see it is height , well the trees are
about 4 times as tall as he wants to build his garage : So he 's not going to
remove them , he 's going to set his garage among them which will certainly
enhance the beautiful , the beauty of his 100 year old house that he lives in . He
has the personal skills to do this . "
CHAIRPERSON SIGEL — for me personally I ' m not so concerned about the
height , just about the rather small setback that he proposed from the lot line .
Mr. Yengo — Well , I heard you say that you visited the site , and if you walk back
there you will see that it is quite wooded . And this is why people buy properties
like this . They want the woods to remain , they don 't want to think in terms of
tearing down , cutting down trees . So the reason he hasn 't moved in one
direction or the other is because of it . And the other thing is , as he perceives it
it's a straight line again coming off of Route 96 . 13 . You want a straight line to
your garage . You don 't want any curves or anything , because you ' ll never make
it in wintertime . But , I just think that the project is done in a professional manner,
think that the neighbor who has been there since 1962 , 1 can 't even add it up
anymore, doesn 't object . He 's over 200 feet away from his other neighbor.
Ithaca College owns everything behind him , so god forbid someday they' re going
to come in and emancipate the whole territory , so he' s going to be — he's
probably going to be the one who ' s going to suffer with that particular excavate .
They own 30 acres behind him . So , why can 't he do what he wants now?
CHAIRPERSON SIGEL —. OK , thank you very much for your comments .
MR . BARNEY — What's the total height of this building ?
Mr . Kratil — I scaled off the builders drawings , and we' re looking at 22 feet .
Mr. Barney — 22 feet? That' s all the way to the peak .of the roof?
Mr. Kratil — That's correct .
CHAIRPERSON SIGEL — Anyone else wish to speak? If not , we ' ll close the
public hearing . Well , for me personally , given the ringing endorsement of your
neighbor there , I would feel comfortable imposing the normal setback for a
garage which is only 15 feet which I don 't think would affect your, and depending
on how you angle it may require that you move or remove the shed , but I don ' t
that would affect the layout . . .
Mr . Kratil — That would require the removal of the shed .
CHAIRPERSON SIGEL — OK . But I mean otherwise I don 't think it would affect
the layout a whole lot as far as the utility of the. structure for you . I don 't know
42
TOWN , OF ITHACA ZONING BOARD OF APPEALS
MAY 17 , 2004
APPROVED MINUTES
how others feel . If other board members feel like 15 feet would be a large .
enough setback or not .
Mr. Krantz — Sure .
CHAIRPERSON SIGEL — OK .
Mr. Krantz — And the height variance .
Mr. Barney — I ' m sorry , I didn ' t understand your answer to the question , Mr.
Kratil , if you go 15 feet , you would have to remove that shed ?
Mr. Kratil — I do believe so , yes .
Mr. Smith — The dimensions are right up here — there 's 43 feet between the shed
and the property line . If you take the 15 foot setback off of that , you have 28 feet ,
and the building width is 26 feet , so it seems like it might squeeze in .
CHAIRPERSON SIGEL — you ' d squeeze it in there a little .
Mrs . Kratil — We' d have to move the shed because we ' d have side doors to get
lawnmowers and tools and all kinds of things out , the shed would have to move
in order let the doors fold in to bring access to the . . .
Mr. Barney — To the garage ?
Mr. Kratil — To the shop area .
Mrs . Kratil - To the shop area , yeah .
Mr . Frost — to the new building . Would the board consider something close to 15
foot , but not 5 foot , that maybe will enable him to get his doors open on the
shed ? I don 't know what that number would be , but . . .
CHAIRPERSON SIGEL — It seems like you would have to lose — I mean the 15
foot is already pretty modest , I mean I think it' s pretty modest considering that its
higher than a normal garage .
Mr. Barney — We ' re trespassing now from legal to policy , and I know I ' m doing
that . If you have a next door neighbor for whom these yard setback
requirements are basically designed to protect , and he ' s saying I don 't care , I like
it where it is there , and there are some difficulties , although not necessarily
insurmountable ones , but difficulties in siting it , why not go with the . . 1 The next
door neighbor was here and concerned about it , then that' s a different story , but
your balancing the pros for the one side , the applicant to the detriment of the
neighbor, but the neighbor is saying there isn 't any detriment .
43
TOWN OF ITHACA ZONING BOARD OF APPEALS
MAY 1712004
APPROVED MINUTES
I
CHAIRPERSON SIGEL — That's a good point . John is pointing out that the test
we are supposed to make is the balance of the benefit to the applicant versus the
detriment to the surrounding community , which in this case is obviously the
neighbor on that side , and the neighbor is fully in favor of locating it where the
neighbor has requested .
Mr. Krantz — OK , fine with me .
Mr. Barney — Do I get to vote now?
CHAIRPERSON SIGEL — I think you just did . Alright so do we need to do
environmental assessment for just an area variance ? OK , any comments on it?
No , OK . Alright , well I guess that the town attorney convinced us .
Mr.. Barney It' s . your decision .
CHAIRPERSON SIGEL — I know . OK , I ' will move to grant the appeal of Edward
Kratil requesting variance from the requirements of Article VIII , Sections 806 and
807 of the revised Town of Ithaca Zoning Ordinance (effective April 1 , 2004) , to
construct a . 1 , 040 ± square foot accessory/garage building with a loft located at
1151 . Danby Road , Town of Ithaca Tax Parcel No . 36-2 - 18 , Low Density
Residential District . Said building will exceed the 15 foot height limit and will be
no greater than 22 feet? Are you OK with that?
Mr. Kratil - OK .
CHAIRPERSON SIGEL — Will be no greater in height than 22 feet and will be no
closer to the north side ?
Mr. Kratil — Uh , yes .
CHAIRPERSON SIGEL — No closer to the north side lot line than 5 feet , , with the
finding that the requirements for an area variance has been satisfied and with the
condition that the structure be built substantially similar, or substantially as shown
on the applicant' s plans and sited as indicated on the applicant's plans . Second?_ -
Mr. Ellsworth — Second .
CHAIRPERSON SIGEL — All in favor?
ZB RESOLUTION NO , 2004 - 025 : Edward Kratil , 1151 Danby Road , Town of
Ithaca Tax Parcel No . 36 . -2 -18 , Low Density Residential Zone .
MOTION made by Kirk Sigel , seconded by Harry Ellsworth .
44
TOWN OF ITHACA ZONING BOARD OF APPEALS
MAY 17 , 2004
APPROVED MINUTES
RESOLVED that this, Board grants the appeal of Edward Kratil , Appellant ,
requesting a variance from the requirements of Article VIII , Sections 806 and 807
of the revised Town of Ithaca Zoning Ordinance ( effective April 1 , 2004 ) , to
construct a 1 , 040 ± square foot accessory/garage building with a loft located at
1151 Danby Road , Town of Ithaca Tax Parcel No . 36-2 - 18 , Low Density
Residential Zone . dSaid building height will exceed the 15 foot limit and must be
no greater in height than 22 feet and must be no closer to the north side lot line
than 5 feet.
FINDINGS :
The requirements for an area variance have been satisfied .
CONDITIONS :
The structure be built substantially as shown on the applicant's plans and sited
as indicated on the applicant's plans .
The vote on the a MOTION resulted as follows :
AYES : Sigel , Ellsworth , Krantz , Niefer
NAYS : NONE
The MOTION was declared to be carried unanimously .
CHAIRPERSON SIGEL — Thank you very much .
Mr. Kratil — Thanks .
Mr. Hamilton — That's all folks .
Mr. Frost — What did you do ? Scare them away?
Mr . Hamilton - Scott Hamilton , 201 Christopher Lane . I ' m here to request a
variance to replace a stick-built 1 family residence , located at 930 Mitchell Street ,
with a modern new , tightened , 2004 tightened modular 1 story ranch . The new
structure would . . . and until we do the demolition , we won 't know exact , but would
be the same or smaller than the current structure , situated on the same footprint .
I think our plans have been presented .
CHAIRPERSON SIGEL — Do you need a. variance to rebuild a . . .
Mr. Hamilton — Legal , non -conforming use?
45
FILE � . -
DATC��gt
ZB RESOLUTION NO . 2004- 025 : Edward Kratil , 1151 Danby Road , Town of Ithaca
Tax Parcel No. 36.=2-18, Low Density Residential Zone.
MOTION made by Kirk Sigel , seconded by Harry Ellsworth .
RESOLVED that this Board grants the appeal of Edward Kratil , Appellant , requesting a
variance from the requirements of Article VIII , Sections 806 and 807 of the revised
Town of Ithaca Zoning Ordinance (effective April 1 , 2004) , to construct a 1 , 040 + square
foot accessory/garage building with a loft located at 1151 Danby Road , Town of Ithaca
Tax Parcel No . 36-2- 18 , Low Density Residential Zone . Said building height will exceed
the 15 foot limit and must be no greater in height than 22 feet and must be no closer to
the north side lot line than 5 feet .
FINDINGS :
The requirements for an area variance have been satisfied .
CONDITIONS :
The structure be built substantially as shown on the applicant's plans and sited as
indicated on the applicant ' s plans .
The vote on the a MOTION resulted as follows :
AYES : Sigel , Ellsworth , ,Krantz , Niefer
NAYS : NONE
The MOTION was declared to be carried unanimously .
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS .
TOWN OF ITHACA:
I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York , do
hereby certify that the 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 17th day of
May 2004 .
eputy Town Clerk
Town of Ithaca
TOWN OF ITHACA
ZONING BOARD OF APPEALS
SI&WIN SHEET
DATE : May 17 , 2004
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE PRINTADDRE55 / AFFILIATION
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PART 11 - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary)
A. Does proposed action exceed any Type 1 threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law?
YES NO . X If yes, coordinate the review proces s 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 agency, 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 :
See Attached.
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:
See Attached.
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:
See Attached,
C6. Long term, short term, cumulative, or other effects not identified in Cl -05? 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 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 Ill - 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.
ev
Town of Ithaca Zoning Board of Appeals
Name of Lead Agency Preparer' s ignature (If different from Responsible Officer)
Kirk Sigel, Chairman
Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer
DATE :
Si nature of Responsible Officer in Lead Agency
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, MAY 17, 2004
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, May 17, 2004, in Town Hall, 215
North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 :00 P.M ., on the following matters :
APPEAL of Katherine Stettler and David Deitcher, Appellants, David Bravo Cullen, Agent, requesting authorization
from the Zoning Board of Appeals under Article XI1 , Section 54 of the Town of Ithaca Zoning Ordinance (pre April 1 ,
2004), to be permitted to alter an existing non-conforming residential building lot located at 227 Renwick Drive, Town
of Ithaca Tax Parcel No. 17-4- 13 , Residence District R- 15 : Said alterations include sunroom additions to the building
which maintains an existing 12 + foot side yard building setback ( 15 feet required) and reducing the required 25 foot
front yard setback to 20 ±feet. Therefore a variance from Article IV, Section. 14 may also be requested.
APPEAL of Abe and Laure Stroock, Appellants, . requesting an approval from the Zoning Board of Appeals under
Article XII , Section 54 of the Town of Ithaca Zoning Ordinance (pre April 1 , 2004), in order to add additional building
space on a non-conforming building/lot, located at 1 l 5 McIntyre Place, Town of Ithaca Tax Parcel No. 66-6-4,
Residence District R- 15 . Said building and lot are non-conforming as the building crosses a property line, with said
parcel being 55 feet wide ( 100 foot width required) and is 11 ,000 4- square feet ( 15 ,000 square feet required).
APPEAL of Jeffrey Hanavan and Katharine Lunde, Appellants, requesting a variance from the requirements of Article
VIII , Sections 801 and 803 of the revised Town of Ithaca Zoning Ordinance (effective April 1 , 2004), to be permitted
to create an agricultural distillery with accessory agricultural buildings exceeding an aggregate floor area of more than
2,000 square feet on land previously used for agricultural purposes; but zoned for residential use located at . 1407
Mecklenburg Road, Town of Ithaca Tax Parcel No. 28- 1 - 10.42, Low Density Residential Zone. . An approal from the
Zoning Board under Article XXV, Sections 2500 through 2510 may also be requested, as the preexisting agricultural
use is non-conforming.
APPEAL of Cayuga Medical Center, Appellant, Lawrence. Hoffman, HOLT Architects, Agent, requesting . a variance
from the requirements of Article X111, Section 1303 of the revised Town of Ithaca Zoning Ordinance (effective April 12 .
2004), to be permitted to construct a building addition to the Cayuga Medical Center with a structural height of 38 ±
feet (36 foot limit) located at 101 Harris B . Dates Drive, Town of Ithaca Tax Parcel No. 24-3 -2 . 1 , Office Park
Commercial Zone.
APPEAL of Edward Kratil, Appellant, requesting a variance from the requirements of Article VIII, Sections 806 and
807 of the revised Town of Ithaca Zoning Ordinance (effective April 1 , 2004), to construct a 1 ,040 + square foot
accessory/garage building with a loft located at l 151 Danby Road, Town of Ithaca Tax Parcel. No. 36-2- 18, Low
Density Residential Zone. Said building will exceed the 15 foot height limit and is proposed to have a side yard
setback of 5 + feet.
APPEAL of Scott and Susan Hamilton, Appellants, requesting an approval from the Zoning Board of Appeals under
Article XXV , Sections 2500 through 2510 of the revised Town of Ithaca Zoning Ordinance (effective April 1 , 2004);
to replace a non-conforming single-family residence with a new residential building located at 930 Mitchell Street,
Town of Ithaca Tax Parcel No. 62- 1 -2 .2 , Community Commercial Zone. Said residence is in commercial 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 : May 6 , 2004
Published : May 10, 2004
TOWN OF ITHACA FEE: $80.00 .
215 North Tioga Street RECEIVED : /jC;1'q
Ithaca, New York 14850
(607) 273 4783 CASH
APPEAL CHECK - ( �)
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 denied permission to : C.QPS'T24 i A A4 171...0
at 1l6,1 Dlyus `l 1Z.rn , Town of Ithaca Tax Parcel No. 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) V 1 L l , Section(s) SP 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: ( 4 ate: 6W17 a
Signature of Appellant/Agent : L �. l9ki Z Date : 6� APIZ onL
Print Name Here : CQU f) kI e (kf5o1?il SCLlGwniAtit ► ( Iu2✓�TrL
Home Telephone Number: Work Telephone Number: X7 2 � 9 [ o ra
NOTE : If construction of work in accordance with any variances given does not commence within 18 months, the
variance will txpin. Your attendance at the meeting is advised.
Edward W. Kratil & Deborah Seligmann Kratil
1151 Danby Road .
Ithaca, New York 14850
' (607) 273-3829 Kratill @aol.com
To the members of the Town of Ithaca Zoning Board of Appeals,
We ask you to consider the issuance of two variances for our proposed building on two
interrelated points.
The first is the issue of height limitation in a Low Density Residential Zone, Article VIII,
Section 806, which indicates a fifteen foot height restriction for accessory buildings other than a
barn. Strict observance of the Zoning Ordinance would result in both aesthetic and spacial
shortcomings. The existing house on the site was built in 1900 in the late Victorian style, and as
is typical for this period, is reflected in pitched roofs and very little in the way of usable storage
and shop space . By permitting construction beyond the standard fifteen feet in height, the
proposed structure will compliment the existing architecture, adequately shed snow loads by
allowing adequate roof pitch, and provide sorely needed- storage above and shop space below.
The second is the issue of siting, Article VIII, Section 807, which in this case indicates a
forty foot side yard setback with the exception of a one-story garage which can be as close as
fifteen. Due to the close proximity of the existing house to the Northerly property line, and the
presence of an existing shed and tall pines, it will be impractical to locate the proposed structure
in strict observance of the Zoning Ordinance. This will force the proposed structure southward
and westward of the requested location; consequently, there are problems with each direction.
Southward will necessitate the relocation of the shed, and in the process require the gravel drive
to extend well into the usable green space of the back yard. Westward will bring the proposed
structure closer to the existing house, consuming usable green space , upsetting the balance of
scale between the existing house and the proposed structure, and spoiling our neighbors ' views ;
in essence, creating a functionally unusable back yard.
Along with the height variance, our proposed solution requires the issuance of an
additional variance which allows the structure to encroach on the side yard setback. Siting the
proposed structure no less than five feet from the Northerly property line will address each issue
mentioned thus far. The shed will not have to be relocated. Access will be straightforward from
the existing gravel roundabout. Green space will remain functional and sense of scale will be
retained. By grouping the existing shed, the proposed structure and the neighbor' s shed together,
they will all share a common functionality, be architecturally appropriate by relating to one
another, and views from Danby Road and from our neighbors ' homes will be preserved.
Thank you for your consideration. We look forward to moving ahead with this project
with your approval.
Sincerely,
Edward W. Kratil &
Deborah Seligmann Kratil
5 April 2004
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 :
E o umo Lit K'QKI�iL ueJ &'Wi
3. Precise location (street address , road Intersections, prominent landmarks, etc. or provide map) :
Tax Parcel Number:
4. Is proposed action : NEW? EXPANSION? MODIFICATION/ALTERATION?
S. Describe project briefly: ( Include project purpose, present land use, current and future
construction plans, and other relevant Items):
rwc- ) JEb(L 014( c � pm4f tc' of Ewa ilt: wcta 3uoo S(-'rxa: CO �► vu [7 LENL ,
L) t`ra iWC `IOX055 STOW OI-� SECor. D4 � St�i-�7�'� G u1�3�S 4.1J�. �ei) k /�11c 'TO
fz& mr.lm( SS)C4 / ce S It 3 I Cm vcl �►/ C i 1^/ads. 0 ld 7f32r-[:'i2 �� 0 fT S1ZUC ac;
(Attach separate sheet(s) if necessary to adequately describe the proposed project.)
I
6. Amount of land affected : Initially (0-5 yrs) of Acres (6-10 yrs) Acres (> 10 yrs) Acres
7. How Is land zoned presently?
LUC.� � %I�SrtY i�SiDF.�'ill�'Z
8. Will proposed action comply with existing zoning or other existing land use restrictions ?
YES NO \6 If no, describe conflict briefly : j/K QUT--W4;75 50 ',jca'�l Fo(L 4rEI -ir (W5IQIGTR X
S. WIII proposed action lead to a request for new :
Public Road? YES NO Public Water? YES NO Public Sewer? YES NO n/
10. What Is the present land use in the vicinity of the proposed project? Residential Commercial
Industrial Agriculture
� /_ , ,, f 1 Park/'F/orest/OpenjSpace Other 17NI1z� cJLC
Please Describe: R6tQ&�/+L w7�-t L� SorIt sC�I-�►�I " Of'1os l t.A 'ra4uz ive t I %A4XauPE9 ENS
11 . Does proposed action Involve a permit, approval , 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 currently valid permit or approval? YES NO
If yes, list agency name and permit/approval. 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 Typo) : (7W Am L) v sna6mila
Signature : . /G' G1 Date : APR Uri
Rev. 8/92
PART II — Environmental Assessment:
Edward & Deborah Kratil
1151 Danby Road
Height Variance & Side Yard Setback Variance for Garage
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 :
C1 . Existing air it 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 adverse effects are anticipated relating to air quality, water quality, or
quantity, noise levels, traffic , solid waste , or potential for erosion, drainage , or flooding
as a result of the proposed action.
This proposal is for the construction of a 1 ,040 +/ square foot two-stall garage located at
1151 Danby Road, Town of Ithaca Tax Parcel No. 36-2 - 18 . The garage is proposed to be
two stories and approximately 23 feet high ( 15 ' allowed) . It is proposed to be located to
the north of the existing shed, approximately 5 feet from the northern propert y boundary
(40 ' allowed) .
C2. Aesthetic , agriculture , archeological , historic , or other natural or cultural
resources, or community or r neighborhood character?
None Anticipated.
C3 . Vegetation or fauna, fish, shellfish or wildlife species , significant habitats, or
threatened or endangered pecies?
None Anticipated. No significant vegetation or wildlife habitats are known to exist on
the site .
C4 . The Town ' s existing plans or goals as officially adopted, or a change in use
or intensity of land or other natural resources?
None Anticipated. The Town of Ithaca Comprehensive Plan designates the site as ". Rural
Residential ," and it is zoned Low Density Residential . The proposal requires a height
variance (+/- 23 ' proposed, 15 ' allowed) and a side yard setback variance (+%- 5 '
proposed, 40 ' allowed) for the construction of a garage. The height variance will provide
additional internal usable space and appears to remain within character of the area. A
barn in the Low Density Residential zone would be allowed up to 36 ' in height. It does
not appear that the side yard variance is necessary, at least to the degree proposed, The
property is 2 . 4 +/- acres and it appears that there could be other locations on the property
that would meet the setback requirements . If this were a one-story garage, it would
require a 15 ` setback. It appears that the garage could be shifted to the south to meet the
15 ' setback, without disturbing the existing shed.
C5 . Growth , subsequent development, or related activities likely to be induced bX
the proposed action?
None Anticipated.
C6 . Long term, short term, cumulative, or other effects not identified in C1 -05 ? -
None Anticipated.
C7 . Other impacts (including hanges in use of either quantity or type of
energy)?
None Anticipated.
D . Is there, or is there likely 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 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 of Appeals
Reviewer : Michael Smith, Environmental Planner. ,�6
Review Date : May 3 , 2004
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1151 Danby Road Ithaca, New York 14850
Tel: 607.273.3829
DANBY ROAD — N.Y.S. ROUTE %B SCALE 5�_ PROPOSED NEW BARN
25' PLOT PLAN
Scale: As Noted Drawn by: Ed K. Drawing no.
Date: 1 Apr 04 Revised: 1 of 1
LATEST DRAWINGS VOID ALL PREVIOUS DRAWINGS
LIEM Qm SIZE COMMENTS
REV # DESCRIPTION DATE: ` 2x12 HEADERS 12 20D PER POST, PER SIDE
2X10 HEADERS 10 2OD PER. POST,,_ PER- SIDE
a 2X8 HEADERS 8 20D PER POST, PER SIDE
2X6 HEADERS 6 20D PER POST, PER SIDE
-- 1175X111875 LVL 12 20D PER POST, PER SIDE
1 .75X14 LVL 14 20D PER POST, PER SIDE
1 .75X16 LVL 16 20D PER POST, PER SIDE
— 1 .75X18 LVL 18 20D PER POST, PER SIDE
SPLASHBOARD 4 16D PER POST
ED K RA7'I L FASCIA 3 16D PER CONNECTION
GIRTS 2 16D PER CONNECTION_
CHANGE ORDER STATUS PURUNS z 16D PER CONNECTION
NO CHANGE ORDERS TO DATE '1 15 '1 DANBY ROAD k12w SS BRACING 2 16D PER CONNECTION
ITHACA NY 14850 Y—BRACE BILKS 8 16D PER CONNECTION
—BRACE ELKS 8 16D PER CONNECTION
DRAWING TABLE OF CONTENTS 607"273"389 TRUSS UNDER 31 ' 5 20D PER CONNECTION
PAGE # CONTENTS TRUSS 31 '-60' 10 20D PER CONNECTION
NEW BARN 61 '-81 ' 13 20D PER CONNECTION
FLC2,01 FLOOR PLAN TRUSS BLOCKS 4 16D PER SIDE OF
BLDGS UNDER 31 ' HEADER
FLC2.02 TRUSS LAYOUT TRUSS BLOCKS 16D PER SIDE OF
BUILDINGS 31 '-60' 7 HEADER
FLC3.01 ELEVATIONS TRUSS BLOCKS 9 16D PER SIDE OF
FLC4.01 CROSS SECTIONS -
BUILDINGS 61 '-81 ' HEADER
FLC6.01 TRUSS PRINT •
NAILING SCHEDULE
JOB NUMBER: 3K3955W
DRAWN BY: JTH
— — ROOF SNOW LOAD �P P� A . /Ny O
Pg = GROUND SNOW LOAD 45
Pf = FIAT ROOF SNOW LOAD 37.8 '-
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CERTAINTEED WINDOWS: WINDOW SIZE IS = TO THE ROUGH OPENING SIZE Is = SNOW LOAD IMPORTANCE FACTOR 1
Ct = THERMAL FACTOR 1 .2 I P
DOOR ROUGH OPENINGS Cs = SLOPE FACTOR 1
TYPE WIDTH HEIGHT
„ „ Structural Analysis
PLYCO 88/94 + 4 + 2 Michael A. Sinniger, P.E. #059977
BASIC WIND SPEED 90 mph BUILDING DESIGN ACCORDING TO THE NYS
PLYCO 92 + 41 + 3 � WIND IMPORTANCE FACTOR 87 BUILDING CODES
PLYCO 99 + 2 + 2" APPLICATION INTERNAL PRESSURE COEFFICIENT +/— A8 SNOW ZONE psf: 45
PLYCO 2000 + 4 � + 1 " WING EXPOSURE CATEGORY C LOAD P DEAD 4
GLASS ENTRY + 4 + 2 WIND PRESSURE 15#/sgft TR LOAD PD�EAD 5
2nd FLOOR
COMMERCIAL (KD MASONRY) + 4 + 2 " DESIGN psf: 40
COMMERCIAL (DRYWALL) + 2" + 1 " mmmmw� OCCUPAINCY* U
THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION WHICH IS THE PROPERTY OF FINIGERLAKES CONSTRUCTION L CONSTRUCTION
TR CONSTRU 5B
ASSUMED SOIL
COMPAN"ti RECEIPT OR POSSESION DOES NOT CONVEY ANY RIGHTS TO LOAN, SELL OR OTHERWISE DISCLOSE
SAID INFORMATION, REPRODUCTION OR USE OF SAID INFORMATION FOR ANY PURPOSE OTHER THAN IN ��
CONNECTION WITH WHICH SAID INFORMATION WAS SUPPLIED IS NOT ALLOWED WITHOUT EXPRESS WRITTEN —_ BRG CAPACITY: 2500 PSF
PERMISSION OF FINGERLAKES CONSTRUCTION COMPANY, FINGERLAKES CONSTRUCTION Co. , INC. ABOVE GROUND
1 - 800- 328- 3522 OBSTRUCTIONS N
IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED BELOW GROUND
PROffSSIONAL
OBSTRUCTIONS N
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4.01 G i FLC DETAIL BOOK FOR FRAMING
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002 AWNINIG MARVIN 4'-1' 1'-7' WHITE R0.4q'Xlq-5/8' A . SAN /O
O 003 AWNINIG MARVIN 4'-1' 1'-7' WHITE R0m4q'XIq-5/8'
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DOOR SCHEDULE I Z i p o. 05991
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FINISH STYLE SIZE GRADE FINISH MTL TYPE NOTES
HOLD STRIPPING
Analysis
" STANDARD LIFT, OPENER W/ Michael A. Sinniger, P. E. #059977
001 OHD CH1 5241 8 -0 X 8'-0* X 1 3/8 - WHITE - STOGKTON PAINTED DRIVE CHAIN DECORATIVE FACE - - 196' - Y PAINTED
HARDWARE - - - - -
STANDARD LIFT OPENER W/ SHEET
002 OHD C141 5241 8'-0' X 8'-0' X 13/8' - WHITE - STOCKTON PAINTED DRIVE CHAIN, DECORATIVE FACE - - 196' - Y PAINTED
HARDWARE - - - - - -
003 PASS DR I PLYCO 2000 3'-6' X 6'-8' X 1 3/4' - WHITE X-BUCK q-LITE PAINTED LEVER LOCKSET, K/A US 26D H.M. 314• Y Y PAINTED - - - - - - FLC2 . 0
004 DSL DOOR PLYGO 2000 6'-O' X 6'-8' X 13/4" - WHITE X-BUCK 9-LITE PAINTED LEVER LOCKSET, K/A, HEAD U526D H.M. 3
FOOT PIN, Z-ASTRICAL Xi' Y Y PAINTED - - - - - R0w81-3/80X82-7/8'
TRUSS LAYOUT
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Structural Analysis
Michael A. Sinniger, P. E. #059977
O l7
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SHEET #:
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Structural Analysis
Michael A. Sinniger, P.E. #059977
SHEET #:
FLC3oO i
BLDG . CROSS SECTION
_ OND �-IEADER DETAIL
VENTED RIDGE
W/ WEATHER
CLOSURES
29GA. GRAND RIB III +
PRE-PAINTED METAL
ROOFING W/ MATCHING
SCREW FASTENERS 2X4 PURLINS PLACED
0 2'-0° CENTERS GABLE TRUSS/
RAFTER
PRE-ENGINEERED TRUSS BUILDING HEIGHT
PLACED 0 2'-0' CENTERS
BOARD t BATTEN
SIDING
2X4 SAFETY RAIL (3 co 2X12, EXTEND PAST
INSIDE CLOSURE EVENLY SPACED (TYP. ) o OPENING 6' ON EA,
END
5F-2 TRIM !y4' TIG PLYWOOD
2X6 FASCIA
BF-1 TRIM 2X6, EXTEND PAST
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F TRIM END
VENTED SOFFIT 1x3 TRIM
1x2 TRIM I
2X4 F-NAILER HEEL 1X3 FREEZE BOARD
2X6 SHORT TRUSS BLOCK AL 11114 TRIM 2X6 BOX HEADER
PLACED AS NEEDED
(3)-2X10 MSR 2250
50ARD AND BATTEN HEADERS
SIDING (10" BOARDS l
4 3°. BATTENS TYP.) I
OSB BACKER W/
HOUSE WRAP
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0 2'-0" OG I 3500 PSI CONC. FLOOR FINGERLAKES CONSTRUCTION Co., INC.
W/ FIBER MESH
REINFORCEMENT, SEALER,
SAW GUTS. FINE GRADING,
1" PERIM. INSULATION t POWER TROLLED FINISH I 2X8 PT JOB NUMBER: 3K3955W
SPLASH50ARD
100'-0' ` OF NEyi y
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COLUMN TAMPED BACK FILL FOOTERS TO BE 2500 PSI POURED I r _
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UNDISTURBED SOIL CONCRETE FOOTER
I I I I
� -------------------------------......
---------------------
* 21_0"0 * ------- -
R�FESS I
Structural Analysis
Michael A. Sinniger, P.E. #059977
SHEET #:
FLC4 . 01
s
THIS DWG PREPARED FROM COMPUTER INPUT ( LOADS & DIMENSIONS) SUBMITTED BY TRUSS MFR .
( 3K3955W ED Kratil - 3K3955W ED Kratil 26FT - - 8 - 12 - - 38 . 5 - 4 10 - - 24 ' 0 . )
Top chord 2x6 SP 2400f 2 . 0E 90 mph wind , 14 . 83 ft mean hgt , ASCE 1 - 98 , CLOSED bldg , Located anywhere
Bot chord 2x10 SP 2250f - 1 . 9E : B2 2x4 SPF Il 2 : Y
it l �f in roof , CAT I1 , EXP C , wind TC DL = 0 . 0 psf , wind BC DL ° 0 . 0 psf .
Webs 2x4 SPF 11111# 2
Calculated horizontal deflection is 0 . 34 " due to live load and 0 . 15 " due
Roof overhang supports 2 . 00 psf soffit load . to dead load .
In lieu of structural panels or rigid ceiling use Collar - tie braced with continuous lateral bracing at 24 " OC . or rigid
purlins to brace TC @ 24 " OC , BC @ 120 " OC . ceiling .
BC attic room floor loading : LL 40 . 00 psf ; 4X5 ( R ) III Deflection meets . L / 360 live and L / 240 total load .
DL 10 . 00 psf ; from 4 - 9 - 8 to 21 - 2 - 8 .
Truss designed for unbalanced snow load using 0 . 00 windward factor
nd 1 . 50 leeward factor .
2X6 = 2X6 =
g �-
B2 2X6111 a
4 X 8 111 4 X 8 111
6X8 4 X 8 11 9 8
8 - 0 - 0
2X611
2 X 6 111
3 - 1 - 8 16 - 5 - 0
- - 3 - 1 - 8
1 _
°
4X8 ( R ) III 8X8 = HS618 8X8 _= 4X8 ( R ) III nomow w
rL %
• 10 (c 10
FINGERLAKES CONSTRUCTION Co., INC.
13 - 0 - 0 13 - 0 - 0
9 - 3 - 9 6 - 8 - 7 a 9 - 3 - 9
IE 26 - 0 - 0 Over 2 Supports JOB NUMBER: 3K3955W
R =2695 U= 468 W= 5 . 5 "
R =2695 U = 468 W== 5 . 5 "
OF NEw
S7Nti
PLT TYP . 20 Gauge HS , WAVE TPI Design Crit : TPI - 1995 ( STD ) 19 . 635 QTY : 1 NY - 1 - - R - Scale = . 25 " Ft . i
"WARNING" TRUSSES REQUIRE EXTREME CARE IN FABRICATION , HANDLING, SNIPPING , INSTALLING {1ND BRACING . T C L L 3 85 P S F
REFER TO SCSI 1 .03 (BUILDING COMPONENT SAFETY INFORMATION) , PUBLISHED BY TPI (TRUSS PLATE INSTITUTE • Sa3 .Y y REF R7215 - 92667
D ' ONOFRIO OR . , SUITE 200 . MADISON . NI 537191 AND NTCA (WOOD TRUSS COUNCIL OF AMERICA. 6300 !ENTERPRISE LN, l��RS O
MADISON, NI 53719) FOR SAFETY PRACTICES PRIOR TO PERFORMING THESE FUNCTIONS . UNLESS OTHERN SE INDICATED, Cis. U.J
TOP CHORD SHALL HAVE PROPERLY ATTACHED STRUCTURAL PANELS AND BOTTOM CHORD SMALL HAVE A PROPERLY ATTACHED G TC DL 4 , 0 P S F DATE 03 / 23 / 04 C> 6u
RIGID CEILING .
** IMPORTANT* * FURNISH A COPY OF THIS DESIGN TO THE INSTALLATION CONTRACTOR - ALPiyE ENGINEERED Y • 4= W BC DL 5 . 0 PSF DRW MOUSR7215 04083006 � p
ALPINE PRODUCTS . INC . SHALL NOT BE RESPONSIBLE FOR ANY DEVIATION FROM THIS DESIGN : ANY FAILURE TO BUILD THE AM TRUSS ! FM O RAG SKIPPING. ! T BRACIN OF TRLPIN B C LL 0 , 0 P S F MO - E N G / S L S � A 0DESIGN CONFORMS WITH APPLICABLE PROVISIONSOFNOS (NATIONAL DESIGN SPEC . BYAFAPA) AND TPI .j AE
CONNECTOR PLATES ARE MATE OF 20/ 18) 16GA (N. N/S/K ) ASTM A653 GRADE 60/60 (N. K /H , S) GALV . STEEL . APPLY YQa �• 67661 ��/ TOT . L D . 4 75 P S F REV
�FES S I �NP�
PLATES TO EACH FACE OF TRUSS AND, UNLESS OTHERWISE LOCATED ON THIS DESIGN . POSITION PER DR ANIMUS 160A- L . /Y
ANY INSPECTION OF PLATES FOLLOWED BY (i ) SHALL BE PER ANNEX A3 OF TPIL -2002 SEC . 3 . AISEAL ON THIS �FESSIONP
Alpine Engineered Products, Inc. DRAWING INDICATES ACCEPTANCE OF PROFESSIONAL ENGINEERING RESPONSIBILITY SOLELY FOR THE TRUSS COMPONENT OUR . F A C . I . 15
Earth City, MO 63045 DESIGN SHOWN . THE SUITABILITY AND USE OF THIS COMPONENT FOR ANY BUILDING IS THE RESPONSIBILITY OF THE Structural Analysis
BUILDING DESIGNER PER ANSI /TPI 1 SEC . z. SPACING 24 . 0 " JREF - 1SBH7215ZO3
Michael A. Sinniger, P.E. #059977
SHEET
FLG6 .01
ESRI ArcExplorer 2.0
1151 DAN BY ROAD
roads town (NAME)
town parcels w rps (LOC)
zoning 4-1-04 (ZONE)
1111 115 AG
111115 C
ik 1119
1123 CC
HDR
I LC
1132 * 10 5
sti. L D R
_ 13 LI
1143 LR
1146
1148 147 MDR
�1 � M H P
1145
MR
NC
1� OPC
VFR
N
Monday, Apr 5 2004
Property Description Report For 1 151 DANBY RD in Ithaca (Town) Page 1 of 2
Property Description Report For 1151 DANBY RD in Ithaca (Town)
Owner Information
KRATIL, EDWARD W SELIGMANN KRATIL,
DEBORAH
1151 DANBY RD
- _ ITHACA NY 14850EDWARD W KRATIL &
DEBORAH, SELIGMANN KRATIL
Status Active Roll Section Taxable
Swis 503089 Tax Map#: 36.-2-18
Zoning Code Site 1
Neighborhood 30020 Property Class 1 Family Residence
Land Assessment $19,300 Total Assessment $168,000
Total Acreage 2.56 School District Ithaca
Deed Book 2511 Deed Page 2456
Structure Area
Building Style Old Style Living Area 1,667 sqft
Bathrooms 2 First Story Area 896 sqft
Bedrooms 4 Second Story Area 474 sqft
Kitchens 1 Half Story Area 0 sqft
Fireplaces 0 Additional Story Area 0 sqft
Overall Condition Good 3/4 Story Area 396 sqft
Overall Grade Average Finished Basement 0 sqft
Porch Type Porch, Enclosed Number of Stories 2.75
Porch Area 112 sqft
Year Built 1900
Basement Type Partial
Basement Garage Cap 0
Attached Garage Cap 2
Utilities Last Sale
Sewer Type Comm/Public Sale Date 09/25/2002
Water Supply Comm/Public Sale Price $154,500
Utilities Gas/Elec Valid 1
Heat Type Hot Air Arms Length Y
Fuel Type Gas Prior Owner YENGO, JOHN J &
LILLIAN J
Central Air No
Improvements
Structure: GARAGE, 1 STY ATT.
Grade: Average
Condition: Normal
Size: 16 x 22
Year: 1900
Structure: PORCH, COVERED
Grade: Average
Condition: Normal
Size: 166 x 0
http://asmsdg.tompkins-co.org/imate/printable.asp?img=http://asmsdg.tompkins-co.org/imateimages/... 4/5/04
Property Description Report For 1151 DANBY RD in Ithaca (Town) Page 2 of 2
Year: 1900
Land Types
Land Type : Primary
Acreage : 1 .00
Size : 0 x 0
Land Type : Residual
Acreage : 1 . 56
Size : 0 x 0
http ://asmsdg.tompkins-co . org/imate/printable . asp?img=http ://asmsdg.tompkins-co . org/imateimages/. . . 4/5/04
Town of Ithaca Tracking Form
Voluntary Participation in County Development Coordination Program
(To be completed by local agency taking final action)
Send or deliver to : Project Identification :
Tompkins County Commissioner of Planning Tax Map No. .
Old Courthouse Building
121 East Court Street Name of applicant:
Ithaca, NY 14850 \ 1 )L1 'rl Col. '1��.
From : Town of Ithaca. Name of Project (if any) :
0 "J Zoning Board of Appeals
Location or street address If actio
Mailing Address : 215 North Tioga Street
Contact Person : Andy Frost Local ID number (if any) •
Phone : 273 - 1783
Type of Action : (Check all that apply)
Referral :
Variance of dimension regulations (lot area,
As requested under the County Development
Coordination Program this referral for review and building height, yard depth, number of parking
spaces, etc . )
comment is submitted because of the scale and expected
impact of the action as follows : (check appropriate Variance of use regulations
items)
Action includes creation of 5 or more building Other variance (sign regs. , official map, access to
lots or dwelling units, as follows : public road, etc .)
Number of building lots : Special permit, special approval , special
exception, etc .
Number of dwelling units : Amendment to zoning text ; _ map
Action is expected to generate 20 or more Adoption of new zoning or other development
vehicle trips per day, as follows : regulation
Estimated trips per day, if known : Other (explain)
Action is subject to mandatory review under
GML 239- 1 & -in as the project is within 500
feet of a state or county highway or other facility
or within 500 feet of a municipal boundary .
If none of the items above are checked it is not necessary cP� yod SJ
to refer the proposed action to the County Planning
Commissioner.
AZIJ
Checklist of material submitted herein : Features of site map (if submitted) :
Full text of any zoning or other development Location map showing general location of subject
regulation being considered for adoption or site (inset on site map) .
amendment to existing text. (Please indicate
whether the text is a final draft or ,a preliminary Physical characteristics of site, existing and
draft to which further changes are expected. ) proposed (topography, soil types, surface water
/ features, major vegetation features, etc .)
Copy of completed application or appeal forms
and all supporting documents required by the Layout plan showing buildings, parking facilities,
municipality . public utilities, etc .
Maps showing the location of the proposed action Surface and subsurface drainage plan,
and the layout of the proposed site development, incorporated with layout plan .
as applicable . .
Land use of subject property and .surrounding
Copy of any report or recommendation on the properties ,
action made by a municipal board or consultant .
Classification of subject and surrounding .
Copy of any environmental assessment or properties as to zoning district, flood hazard area,
environmental impact statement required under wetland, historic district, agricultural district, etc .
SEQRA .
Location of any county, state, or other
Source of estimates of traffic generation potential . municipality facilities, and any municipal
of proposed action , boundaries, if applicable.
Correspondence from other municipalities Other:
regarding the intermunicipal impact of the
proposed action .
A statement of any local issues surrounding the
proposed action .
i
Any other documents which would be helpful to
the County Planning Commissioner in carrying
out this coordination responsibility.
i
Tompkins- Cou'nty
DEPARTMENT'Of PLANNING
X121 Eas�t� Cour�t;Str�eet
Ilthaca, New Yo'rk14850
Edward C: Marx, AICP Telephone (607) 274-5560
Commissioner of Planning Fax (607) 274-5578
April 13 , 2004
Mr. Andy Frost, Building/Zoning Officer
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Re : Review Pursuant to § 239 -1 and -m of the New York State General Municipal Law and
Concurrence with Lead Agency Designation
Action: Variance, Side Yard Setback, 1151 Danby Road, Tax Parcel No . 36 .-2- 18
Dear Mr. Frost:
This letter acknowledges your referral of the proposal identified above for review and comment by the ,
Tompkins Coun'tyPlanning Department pursuant to § 239 -1 and -m of the New York State General 6 , L
Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has
no negative inter-community, or county-wide impacts.
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
Edward C . Marx, AICP
Commissioner of Planning
APR 1 5
TC7`fifN OF ITHACA
8UILDMG/ZONING
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
1 , Dani L. Holford, being duly sworn, depose and say that lam the Town of Ithaca Building and Zoning Department
Secretary, Tompkins County, New York; that the following notice has been duly posted on the sign board. of the Town of Ithaca
and that said notice has been duly published in the local newspaper, The Ithaca Journal .
Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall, 215 North Tioga
Street Ithaca Nets York on Monday Mav 17 2004 commencing at 7 : 00 P. M ., as per attached .
Location of sign board used for posting: Town Clerk Sign Board — 215 North Tioga Street .
Date of posting: May 7 , 2004
Date of publication: May 10, 2004
Dani L. Holford, Building and Zoning Depa ent Secretary,
Town of Ithaca
STATE OF NEW YORK ) SS . :
COUNTY OF TOMPKINS )
Sworn to and subscribed before me this 7th day of May 2004 .
Notary Public
CARRIE WHITMORF
Notary public .1WH60 2877W York
NOTioge D°ember
COMMI5SlOn EXp
14-".35.
Legals ,
Town of5lihaca Zoning Or.
in (pre Apri . l,'
'2004) ;tobe;permitted to, a�
rn .
ter Is f,• rion=
conformingg residential Build
mg lot zlocated- : dt. 227
Renwicrive;: Town of
Ithaca'Tdx Parcel No:'1,74�
13 Residence+DistnctR-15 .
r-5-id4'a laiterat' s , `include
r,
; sunroom "-additions ` to the APPEAL oU&6rdeKratil, .;
building which maintains an
rexis g 12 + foot side yard Appellant, requesting o var ';
building'""setback ;,( I ' feet:
once fromsthe requirements`
; „recing the o;rquireand f l 1115echonst806'
re wired 25 foot. front yard' and 807x;of the Ilk
revised :
setack to. 20 + feet:" .There: Town' of Ithaca Zonmg ''.Or•,
fore='a' vorjance frormArticle dinance (effective April : l ,1
.' IV,' Section 14 may.;also be 2004), 'to construct a A ;04G.
req'uested. , +. square fool
APPEAL of Abe,and Loure accessory/ggarage buildingg
'Stroock,•Appellants, request with a +:, located at 1151 ;.
ing'ran approval from ;, the Danby Road Town"rw'of
Zoning Board . of 'Appeals Ithaca Tox• Parcel No 36-2-
-under Article XII, Section 54 18, Low ,Density Residential
of ;the. Town of Ithaca Zon Zone ' •Said buildingg"'v+ill'
ing Ordinance (pre Appril l exceed the. 15 foot 'heighi
d :ad limit and Js proposed to
2004), in order to ad
ditional building spdce on a'. . have a side'yard setback of
non '- c..o n f o.r.;m i n ' g 5 + feet ;
building%lot located'at 115 APPEAL-; -of Scott. and
McIntyre .Place :=.Town; of Susan Hamilton, Appellants, ',
Ithaca Tax .ParcellNoc66 requesfmg,dn;+approv. from:
TOWN OF.. ITHACA tk- Zoningg' -'Board of. Ap ,
ZONING BOARD OF 4 -Residence District R- 15'_; peals uncle', Article ;"')0(V,
Said building and :1o1 are
' APPEALS ' Sections ,•2500 through`
NOTICE OF ,
nonconforming a0he build
2510 of the' revised Town of
ing crosses d property I.
PUBLIC HEARINGS Ithaca Zoning Ordinance
MONDAY; with said . parcel ' being 55 (effective April 1 , 2004), -.to
feet wide ( 100 ' foot -width
MAY 17 2004 replace a nonconforming I.
7:OOPM -1 , required) and is } 1';000 +' single.family ,residence =with .• ,I I
By direction "of the"Chair- square feet. ( 15 000 square a neev residential 6uildmgg
man of the Zoning Board of feet re;yired) , located at 4''930 Mitchell it
Appeals .NOTICE IS HERE- APP E AL. of Jeffrey Street Town'' of Ithaca';-Tax ;J
BY GIVEN that Public. Hear- Hanavan and ` '�Katharine Parcel No. `;62 1 2 2 If I
Lunde Appellants, , reques¢
sings will .be held .by the Zon- munity Commercial Zone
in a• variance; from: the re ''
ing Bodrd .of,'Appeals of the 9 Said residence is m ' a 'com-
uirements. of ' Article Vltl, ,
Town, of lthoca' on Monday; q mercial zone.
May 17, 2004, in Town
Sections 801 and '803 of
May the revised Town of jthaca ;
FHall, 215 North Tick a - Said Zoning Board of Ap-
Zoning Ord mance,(effectrve
Street, Tiogq Street n- April 1 ,' -2004)'-Ito be - per peals will at said time, Tear
trance, . Ithaca, ' NY, COM p-m , and said place;1 hear 11 mihed to, create an agncul
MENCING:. AT 700 P:M., � all, persons_ ,in support, of
=on the following matters: turol.distillery with accessory such matters or objections
APPEAL of Katherine agricultural 'buildings 'ex thereto. Persons may
,
op
Stettler ond•'Dayid ' Deitche ; ceeding anaggregate-floor
pear agent or in person .
area of more than ;2;000
-Ap ellants, :'David Bravo Individuals with visual or
p square feet on land previ
Cullen, Agent, requesting hearing impairments. or .oth-.
ously used: for agricultural
authorization from the Zon er special needs, a pro-
purposes; but zoned for yes:
ing'; Board of Appeals under priate,. will be provide with
Article XII; Section'54 'of'the ee kl nbu! located at 1407
Mecklenburg:Road Tow n 'of i assistance,,. as .necessary,
Ithaca Tax Parcel No. 28-1 upon request. Persons desir-
I0 42,- Low,Density:Residen- ng assistance must -make
tial Zone.=An approval from such a request notless than
the-Zomng :Board under 'Ar- 46 hoursr'prior'to the time of
ticle XXV, Sections - 25,00 the public hearing. '
through' 25;10 may. also 'be Andrew 5. -Frost
requested;as the preexisting ' Director of Building
agricultural , use is non- and Zoning
conforming:~ 273?1783
APPEAL' 'of Cayuga. Med- Dated: May 6 2004
ical Center, Appellant, Law- Published: Moy- 10, 2004
rence Hoffman, HOLT,Archi-
tects, Agent, requesting a
variance from the -require-
merits of Article XIII; Section
1303 of the revised Town of
Ithaca Zoning Ordinance.
:effective April 1 , 2004), to
e )permitted to construct a
building addition to the
Cayuga Medical Center '
with a structural height of
38 +' feet 4(36 foot limit) lo-
cated at - :101 Harris B.
Dates Drive, Town of Ithaca
Tax Parcel No. 124-3-2 . 10
Office Park Commercial
Zone.