HomeMy WebLinkAboutZBA Packet 2018-05-08 Town of Ithaca
Zoning Board of Appeals
Tuesday, May 8,2018 at 6:00 p.m.
215 N.Tioga St.,Town Hall Boardroom
Appeal 0033 and 0034-2018 Elm Street extension subdivision,Terwilliger property,TP 29.-4-12
requesting a variance from Town of Ithaca Code Chapter 270-73 (B and C) "Size and area of lot" allowed
to make a flag lot without the required width at the road frontage and the required width at setback
and Luft property,TP 28.-1-28.7, requesting a variance from Town of Ithaca Code Chapter 270-73 (B and
C) "Size and area of lot"to be allowed to increase the nonconformity of a legally existing nonconforming
parcel.
Appeal 0035-2018 1114 East Shore Drive,TP 19.-2-6, Silcoff/Gordon, requesting a second extension of
existing area variances from Town of Ithaca Code Chapter 270-235 (J), 270-46(A and C) Front and Side
Yard Setbacks, 270-47 Building Area and 270-50 Parking which expire on June 16, 2018.
Appeal 0036-2018 635 Elmira Rd.,TP 35.-1-21 requesting an extension of existing variances, two use
and one height, from Town of Ithaca Code Chapter 270-235(J), 270-117 Front Yard Setback, and 270-
128, Allowable Square Footage, and 270-116 Height which expire May 21, 2018.
of 1 TOWN OF ITHACA
215 N. Tioga Street, Ithaca, N.Y. 14850
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X4,4, yob CODE ENFORCEMENT-BRUCE W. BATES,DIRECTOR
Phone(647)273-1783 E Fax(607)273.1704
cod estown.ithaca.ny,us
aItllt�. 0aii a ,:: °°:
..
a.ubn°'alt V-0s arapp. ication 2°tNLX after: 1,Applying for a»"a baliifivag1.sJgn l')errnit for owl'dch foul recaekted a;
dr teumnaiutatlou"'ndd ial,:aC fa'r;rn Code I"nforcernent staff or 2. A.ireferual from the [)Iarmin2 Board based rip,sO I a site
Ialan oa subdivision irealreaaaw. For Wico Use ON
ZBA Appearance Fee; Property is located within,or adjacent to: County Ag District;_,__UNAa
$150 -Area, Sian, or _CEA Forest Home Historic District; State Parklanother municipality
Sprinkler Variance and
Special ApprovalFor Oce Use onfv Date Received: Zoning District:
$ 50 -Ilse Variance
Please check all that apply: Applicable Section(s)of Town Code:
d
Area Variance "5 � J�d Yt,mwoi[ a -1.1170-4 'Ail S r se ,.VNa—
Use Variance
Sign Variance
Sprinkler Variance ,
Special Approval 4.1N
(Only 1 fee is required per
appearance, higher fee
prevails)
The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of
Appeals to be permitted to;
pow ,
At property address: °, ! /act a ! Tact Parcel No. ,
as shown on the attached supporting,documents.As description of the practical difficulties and unnecessary
hardship and/or the Special Approval authorization request is as follows: (attach any additional'sheets as
necessary):
By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or Town
staff to enter my property for any inspection(s) necessary that are in connection with my application.
PRINT NAME HERE-t5g rl JrAi0 w _
ig'nat>tre of C7v�rnerfAppellant nate.
Signature of Agent: hate.
Best phone number for contacting: 7- _t 4— 2n' number:
Email; aC ,. k 0'-C rC'
NOTE:Your attendance at the ZBA meeting is strongly advised.
IA FORM,
Owner[Appellant/Agent Name: yr je/-Le
,address of Property Requiring Variance: /,1--7 21/
Tax Parcel No.: ?.7, - c/,-<:2-
i"ES,r; No area variance will be granted without consideration by the Board of the following factors:
& Will an undesirable change be produced in the character of the neighborhood or be a detriment to
nearby properties?
Yes N o
Reasons: � S ,�\'-G-', C ,` Y*1 &I
I . Can the benefit sought by the applicant be achieved by a feasible alternative
to the variance?
Yes Na 5a �O_cc
Reasons: '+ O� �
•, L ' k J
n - ,
D. Is the requested variance substantial?
Yes Naj"
Ot
Reasons:
D, Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood?
Yes NOO
Reasons: Rlif2O- eK tnq � t C
E. Is the allegedoulty self-created.,?
Yes No
Reasons:
ZSA Appf.Use Variance REV Jamary 2014
TOWN OF ITHACA
c► t 215 N. Tioga Street, Ithaca, N.Y. 14850IT
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> www.town,ithaca,ny.us �
4' xo' CODE ENFORCEMENT-BRUCE W. BATES, DIRECTOR
Phone(607).273- 733 ® Fax(607).27"3-1704
codes@town.ithaca.nv.us
�_p "
� � r�I�,T �uo�,n ����uil;
Srcbmit tiro�an,drluu a. lion i°711"-Y oft rr 1. lyd.�)u ykig for a buil6ng se gn w perm t fbr vrl'flch you ror,eNed a
rd lrrs°nrinurr'tiruru/utrrr"uiod
from t opJe Eu..nforceliG'uent rlraff or 2, A r feura1'dorn the t"lirrnr nip Board 1rswrrmed upon a suqe
lrl�'ru"u ou'srull:'rrdk6131'V11 n'0V0eVV For Office Use Onl
ZBA Appearance Fee: Property is located within,or adjacent to: County Ag District;_UHA;
$150 -Area, Sign,or CEA Forest Horne Historic District, ____—....--._ take Park/another rnunicipaiity
Sprinkler Variance and
Special Approval For Office Use Oniy [Sate Received. � Zoning District: k L A
$250 - Use Variance
Please Check all that apply: Applicable Section(s)of"town Code:
Area Variance ------
Use Variance 5 4�trd1r�i ._
Sign Variance
Sprinkler Variance' `C a�kQ •✓? rc+ �r c m m me,a
Special Approval
(Only 1 fee is required per
appearance,higher fee
prevails)
The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Boardof
Appeals to be permitted to:
-ems. a.,-PA5 po IP to - avid buA' ld one, use.
on 61-
la,jdled Parc-
At property address: PJaJ i oi Tax Parcel I /0- e2 ,
as shown on the attached supporting documents.As description of the practical difficulties and unnecessary
hardship and/or the Special Approval authorization request is as follows: (attach any,additional sheets as
necessary). --- ,.. ._.
By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or Town
staff to enter my property for any inspection(s)necessary that are in connection with my application.
PRINT NAME HERE:
Signature of Owner/Appellant. _ Date:
Signature of Agent. Crate:
Best phone number for contacting: :`D- 9-1,2!JlT 2"`' number: balalg -5-5-5-S
Email. �' to 4Mac
G C"
N Od T T': Your attendance at the ZBA meet!ng is strongly advised.
Additional Information on the Criteria for Variances
AREA VARIANCE:
As per Article XXV, Section 270-213 of the Town of Ithaca Code and Section 267-b of NY Town Law, the Zoning
Board of Appeals, in making its determination for an area variance, will apply a balancing test of the benefit to
the applicant weighed against the potential detriment to the health, safety, and welfare of the community that
granting the area variance may create. You, as the appellant, have the burden of proving that your
proposal meets the majority of the criteria below. You should come to the Zoning Board of Appeals
meeting prepared to prove that:
a. an undesirable change will not be produced in the character of the neighborhood or a detriment to
nearby properties will not be created by granting the area variance,
b. the benefit sought by the applicant cannot be achieved by some other method feasible for the,applicant
to pursue, other than the area variance,
c. the requested area variance is not substantial,
d. the proposed area variance will not have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district, and
e, the alleged difficulty was not self-created.
USE VARIANCE:
As per Article XXV, Section 270-213 of Town of Ithaca Code and Section 267-b of NY Town Law, the Zoning
Board of Appeals, in making its determination to grant a use variance, will consider the unnecessary hardship
caused by the applicable zoning regulation, and will determine if the applicant has satisfactorily demonstrated
ALL of the following criteria. You, as the appellant, have the burden of proving that your proposal meets
ALL of the criteria below. You should, therefore, come to the Zoning Board of Appeals meeting
prepared to prove that:
a. the applicant (you) cannot realize a reasonable return, provided that lack of return is substantial as
demonstrated by competent financial evidence,
b. the alleged hardship relating to the property in question is unique and does not apply to a substantial
portion of the district or neighborhood,
c. the requested use variance, if granted, will not alter the essential character of the neighborhood, and
cl. the alleged hardship has not been self-created.
SIGN VARIANCE
A sign variance request must also be heard by both the Sign Review Board (Planning Board') and the Zoning
Board of Appeals. This appearance can be before or after the ZBA request is decided. Please see the Director
of Code Enforcement Bruce Bates, Mat ,,
tqV,LijtV-i. g?.1j1y.j,!q to discuss your request.
11,40TE: Chapter 270-23,5J,ofthe Town of Ithaca Code.,Unless work has commenced in accordance with the variance or special
approval given by the ZBA within one year from the issuance of the building permit authorizing such work,or within 18 months of
the granting of such variance or special,approval,whichever is earlier,not only the building,permit but the variance or special
approval shalt expire and the permissible uses and construction on the property shall revert to those in effect prior to the
issuance of such special approval or variance,
�Please, cornplete ONLY' the following works I'te;,tet that correspor,ids
to the type t,:)f viariance youi are requesting.,
ArwE .a t.°d 8 VARIANCE C SCCERI C
Clwner/A ellantlA ent Name: ' `" 4 t C 1
Address of Property Requiring Variance:
Tax Parcel No.;
No area variance will be granted without consideration by the Board of the following factors:
A. Will an undesirable change be produced in the character of the neighborhood or be a detriment to
nearby prope
Yes No PP'�
Reasons: p{ [1 t q*y (AA A t d /��N(y OAP Ot'5e-- W i�( A k pro
0,,vt 1 j e. re- L'CAJ Ac On 0 0 USQ
B. Can the benefit sought by the applicant be achieved by a feasible alternative
to the variance's
Yes No
Reasons., 1
rk V3
4,✓ Y 1 v1L9 t•ante'w
C. Is the requested variance substantial?
Yes No
Reasons:
D. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood?
Yep Nom
Reasons:
B. Is the allegedtufty self-created?
Yes No
Reasons: ,'!' be
C
n l (- 1
on 6� -� e
ZBA Appl,Use Variance REV January 2014
a
THIS PAGE INTENTIONALLY LEFT BLANK
ZBA Appl.Use Variance REV January 2014
Proposal for Ithaca Town Tax Lots 29.-4-12 (owned by Elizabeth Terwilliger) and
28.-1-28.7 (Currently owned by Luft, under purchase agreement with
Susan Terwilliger/ Michael Olszewski)
We(Susan Terwilliger and Michael Olszewski) wish to create a flagpole lot and build one house
on a landlocked parcel.
We currently reside at 620 Elm Street Ext, where we care for my elderly mother, Elizabeth
Terwilliger, in my mother's house. We have made a purchase agreement with Roy Luft to buy
the(landlocked) Luft property which adjoins my mother's property, with the contingency that
we are able to get the variances/approvals we need to build one house on the property.
My mother's property includes a dirt road. Her house is located on the east side of the'dirt road
approx. 450 feet north of Elm Street Ext. Her lot is considered a flagpole lot. Her ownership of
the road continues for approx another 250 feet past her lot, bordering part of the Luft property
which is also on the east side of the road.The dirt road then turns into a walking path, which is
part of the Westhaven Preserve(a 10+ acre preserve owned by the Town of Ithaca). '
We would like to divide the ownership of the private road, with my mother selling part of the
road to Michael and me, and create 2 flagpole lots. Our goal is to obtain whatever variances
are needed for us to build one house on what is currently the Luft property.We plan on living in
the house.
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F He date,
1.3B Resolution No. 2018-012: Preliminary and Final Subdivision Approval
Terwilliger 2�Lot Subdivision
620 Elms Street Extension
Tax Parcel No.'s 29,4-12 and 28.4-28.7
Town of Ithaca Planning Board, April 17, 2018
Moved by Linda Collins; Joseph l lraefeli
WHEREAS:
1, This is consideration of Preliminary and 1^in<al.Subdivision Approval for the proposed 2-lot
subdivision locatedat 620 Elm Street 1"xtension, Town of Ithaca Tax Parcel No.'s 29.4-1.2 and 28.-1-
28.7, Medium Density Residential Zane. 'The proposal involves subdividing; off a 0..57 +/-acre strip
of land from 620 Elm Street Extension (Tax Parcel No. 29. 4-12)which will be consolidate(:[ with the
adjacent vaacant property(Tax Parcel No. 28.-1.-28.7) to provide. access to lslna Street Extension. Tax
Parcel No. 28.4-213.7 is currently a landlocked parcel. Elizabeth B. Terwilliger Trust and Estate of
Julian 1). 1.aaft, Owners; Susan l3, Terwilliger& Michael F. ()lszew€;ki, Applicants,
2. This, isan Unlisted Action for which the Town of Ithaca Planning Board„ acting in in uncoordinated
environmental review with respect to Suladivision Approval, has can April 17, 2018, made a negative
determination of environmental significance, after having reviewed and accepted as adequate a.Short
Environmental Assessment Form Part 1, suhraaitted by the applicant, and Parts 2 and 3 prepared by
the Town Planning staff„ and
3. The Planning Board on April 17, 2018, has reviewed and accepted asadequate a ,survey map entitled
`„Survey Map, Showing; Lands Of The Estate Of Julian 1.). Luft And The Lands OfThe Elizabeth B.
Terwilliger Trust, Located On Elm Street:Extension, Town of Ithaca,Tompkins County, New York'”,
prepared by Schieve Land Surveying;, dated I./9/2018, revised 2/7/2018, and other application
materials;
NOW THEREFORE BE IT RESOLVED:
1. That the Town of Ithaca Planning; Board hereby waives certain recluireinents for Preliminary and
Final Subdivision Approval, as shown can the Prelaminaary aand Final Subdivision Checklists„ havim,
determined from the materials presented that such waiver will result in a significant alteration of
neither the purpose of subdivision control nor the policies enunciated or impliedby the Town.
Board, and
2. That the: Mannino hoard hereby grants Preliminary and Final Subdivision Approval for the proposed
subdivision located at 620 Elvia Street Extension, as shown on the survey map noted in Whereas #3
above, subject to the following;conditions:
a. Receipt of any necessary variances from the Zoning Board of Appeals,
h. Prior to the signing; of the final subdivision plat, submission of documentation satisfactory to the
Attorney for the Town showing the property owner of Tax Parcel No. 2.8.-1.28.7 has consented to
the subdivision application, and
S
c. Within one year of this approval, consolidation of the 0.57+/-acre strip of land from 620 Elm
Street Extension(Tax Parcel No. 29.-4-12)with the adjacent vacant property(Tax Parcel No. 28.
1.28.7) , and submission to the Town of Ithaca Planning Department of a copy of the
consolidation request and filing receipt from the Tompkins County Clerks Office.
Vote
Ayes:Wilcox, Collins, Haefeli, Beach, Fogarty,Meier Swain, Bosak
Page 2 of 2
Curdy Gordon and tow and Silcoff
111 IP u.r k�aN.,z (' D.
tltN,r ca, IV 14850
607-539-67V7
ailhrmmri&'rn
March 21, 2018
To the ZBA of the town of Ithaca„ I obi 2% 2 62018
"TOAM war. 11-HSA!",''w
CODE ENFORCEMENT
We are waiting for an extension of our varpance permits granted to us to wawork.
on our home located at 1114 East Shore thrive, The project is far more complex
end expensive than rdall ed and it is taking longer than expected to find a
budget sensible plan,
We are grateful for your understanding and for this opportunity to turn this
home into one that will work Fetter for our family.
Part of the delay is not knowing what will or will not be permitted. Not
unexpectedly as we interviews different contractors and architects we are given
different ideas ^wort have best to proceed,fr°ane moving the addition as far
f'orvward lakeside as would be permitted,to knocking down our garage
buildings so that the addition itself Would be Fess complicated and the whole
structure could be at one level, When l reached out to ask if these tr uncatlons
would be permitted if we stuck with a similar total footprint, we were told we
would have to produce forrnal drownings and present theme before your
committee, Truth be told, we do not have the budget to create drawings of a
build that would not be permitted, If was could take a few minutes to discuss
who we can or should approach wrt sorne of these finer details, it would be
n'auclra appreciated, and truly help LIS to Move Our project forward.
Thank you for your time and considerations,
e
Indy cordon and' Howard Silcoff,
9/21/16 MOV.?,1 r
To the Zoning Board of Appeals,
To the Zoning Board of Appeals,
We are writing for an extension on the variance permithhat were
granted to us last year, for our addition and home remodel at 1114
East Shore Drive. Due to personal issues and the long wait time to
hire architects/builders in the area, the complexity of our renovation
and the unexpected costs that are requiring us to change our plans to
keep within budget, we have been unable to get our work started by
December but are hopeful to get this going by next fall.
We have devoted much free time to planning our project. We have
architectural drawings of our home and are tweaking our currently
'above budget plans'.
We thank you for this extension to help make our dream a reality.
Cindy and Howard.
0 ()41 - 2015
r
TOWN CSE ITH'A A � � 9 � (-) �
wg���Stree Street,
a.n N°'Y. 14850 �
215 N. Tiro � Street„ Ithaca,
n.
y us a!
Wr 01-
CODE ENFORCEMENT-BRUCE W. BATES, DIRECTOR
Phone(607)27:3-1.763 IN Fax( 07)27:3-1704
oWprisy t�wrl.,�ha�a.{1y,4? .
onin Board cif � � a , li tion Four
Submit this application ONLY after °1.,applying for a building/sign permit for which you received a
determination/denial from Cordo Enforcement staff or 2. .A referral from the Planning Board based upon a site
plan or SUbdivision review, For Garfice Llse tPraf
BA_A Appearance Property Is located within,car adjacent to: ___._County Ag District;__UNA,
$150 -Area, Sign, or SFA I"carp sl Horne Hiisleric District; State Park/another municipality
Sprinkler Variance and
w 'C Special ffpc
Approval For Oe Use Qnfy✓ Date Receuved:-__ ______.__ Zoning District:
x $250 -Ulse"variance
fraphucakale ecl'ucn( )of Torn Code:
PIca�d check all that apply;.
Area Variance
Use Variance
Sign Variance
Sprinkler Variance
Special Approval
,y (onl'y 1 tee is required per _ ___.__w.____m __ ..___. ----.-_._.__.._ __md
appearance,higher tee
rd} f prevails)
The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of
Appeals to be permitted to::
At property address: ! �.. , ; "t°� r� roc Tax Parcel No,
as shown on the attached supporting documents, As description of the practical difficulties and unnecessary
hardship and/or the Special Approval authorization request is as follows: (attach any additional sheets as
necessary):
By filing this application, I grant permission for members of the Town of Ithaca Zoning Hoard of Appeals or Town
staff to enter my property for any inspection(s) necessary that are in connection with my application.
PRINT NAME HERE;
Signature ofwnerBAppellant: Crate:
Signature of Agent: Date:
Best phone number for contacting: � ��4r� � �d.� �.(�� -2 Ild number: 11
Email. dJ T
J
OTE: Your attendance at the ZBA meeting is strongly advised.
9/21/16 MOV-7,I1� te
To the Zoning Board of Appeals,
To the Zoning Board of Appeals,
We are writing for an extension on the variance permithhat were
granted to us last year, for our addition and home remodel at 1114
East Shore Drive. Due to personal issues and the long wait time to
hire architects/ builders in the area, the complexity of our renovation
and the unexpected costs that are requiring us to change our plans to
keep within budget, we have been unable to get our work started by
December but are hopeful to get this going by next fall.
We have devoted much free time to planning our project. We have
architectural drawings of our home and are tweaking our currently
'above budget plans'.
We thank you for this extension to help make our dream a reality.
Cindy and Howard.
`� oo� t- 2ot5 �+ o6i�s(IS"
Appeal of Cindy Gordon and Howard Silcoff,owners, requesting relief from
Section 270-46 A& C,"Yard regulations,front and side",270-47,`Building area",
and possibly 270-50,"Parking" of the Code of the Town of Ithaca.The applicants
wish to expand a single family home by adding an addition between the house
and current garage,and also convert the garage to living space, located at 1114
East Shore Dr., Tax Parcel No. 19.-2-6, Lakefront Residential Zone,(LR).
Ms. Gordon and Mr. Silcoff were present to answer questions from the board and had a
slide show to the current house and conditions and to help describe what they are
asking for.
Basically the house is an existing nonconforming residence on East Shore Dr.with the
usual deficiencies in setbacks and lot coverage. They would like to enclose the area
between the house and the garage which has a kind of concrete pad there with steps
and the existing footprint would not change. They reviewed parking options because 2
are required by code and there is one spot in the front of the house and the front of the
street as well as maybe using half of the garage still as parking and the other half as a
mudroom type space. They will not be adding anything to the front area so it has
complied in the past and will still comply. They would not be going any closer to the
road or that setback.
Mr. Rosen opened the public hearing at 8:16p.m. There was no one wishing to address
the board on this appeal and the hearing was closed.
The board discussed the project and all members thought it would be an improvement
to the site and the changes to the existing nonconformities were modest and worth the
end result of an improved site.
Ms. Schmitt stated that this was a Type 2 action and no SEAR was needed.
ZBA Resolution 0041-2015 Area Vie- Setbacks
SilcofflGordon Single Family Residence Expansion
1114 East Shore Dr.,TP 19.-2-6 Lakefront Residential
June 15,2015
Moved by Rob Rosen,seconded by Chris Jung
Resolved that this board grants the appeal of Cindy Gordon and Howard Sitcoff,
owners, requesting relief from Section 270-46 A&C, "Yard regulations,front and side",
270-47, "Building area", and 270-50, "Parking" to expand a single family home by'
adding an addition between the house and current garage, anda� Iso convert theme
to living space,with the following:
Findings
1. That the benefit cannot be achieved by any other means feasible, and
4
2. That it will not cause an undesirable change In the neighborhood character but
will in fact improve the character of the neighborhood, and
3. That the request is not substantial given that the resulting building will occupy
space that is currently held by the existing buildings and concrete slab and will be
within the existing front and side set back lines and will therefore not be
increasing the deficiency, and
4. That the request will not have any adverse environmental effects given the
statements above.
And with the following:
Conditions
1. Outline of the new construction will not exceed the existing front or side yard
setbacks
Vote: Ayes—Rosen, King, DeRosa, Jung, and Decker
ZBA Resolution 0057-2015 Area Yjrlance-Lot Coverage
Silcoff/Gordon Single Family Residence Expansion
1114 East Shore Dr.,TP 19.2-6 Lakefront Residential
June 15, 2015
Moved by Rob Rosen, seconded by Christine Decker
Resolved that this board grants the appeal of Cindy Gordon and Howard Silcoff,
owners, requesting relief from Section 270-46 A&C. 'Yard regulations, front and side",
270-47, "Building area", and 270-50, "Parking"to expand a single family home by
adding an addition between the house and current garage, and also convert the garage
to living space,with the following: "
1. That the benefit cannot be achieved by any other means feasible, and
2. That it will not cause an undesirable change in the neighborhood character but
will in fact improve the character of the neighborhood, and
3. That the request is not substantial given that the deficiency will be increased by
only 2%, and
4. That the request will not have any adverse environmental effects given the
statements above.
Conditions
1. That the lot coverage will not exceed the current buildings plus the 20x23 new
construction as shown on the sketch presented.
I s
ZBA Resolution 0056-2015 Area Variance- Parking
Silcoff/Gordon Single Family Residence Expansion
1114 East Shore Dr.,TP 19.-2-6 Lakefront Residential
June 15, 2015
Moved by Rob Rosen,seconded by John DeRosa
Resolved that this board grants the appeal of Cindy Gordon and Howard Silcoff,
owners, requesting relief from Section 270-46 A&C, "Yard regulations,front and side",
270-47,"Building area", and 270-50, "Parking"to expand a single family home by
adding an addition between the house and current garage, and also convert the garage
o living space, with the following:
Findings
1. That the benefit cannot be achieved by any other means feasible, given the
topography of the lot, and the front is big enough to fit 2 cars but covers more
than 15%but this is acceptable to the board and the benefit to the applicant
outweighs any detriment to the health, safety and welfare of the community, and
2. That it will not cause an undesirable change in the neighborhood character
because the spaces are already being used as a parking space and Is not out of
character to the neighborhood given that everyone parks in small frontage in that
area, and
3. That the request is substantial given that it is increasing the usage of the front
yard from 15% to approximately 30% but this is normal in this area,and
4. That the request will not have any adverse environmental effects given the
statements above.
Vote: Ayes—Rosen, King, DeRosa, Jung, and Decker
OF 17, TOWN OF ITHACA
0 215 N. Tioga Street, Ithaca, N,Y. 14850 91M. R]
> vvww,townJthaca.nyAJS
in 2.1
re yo
CODE ENFORCEMENT-BRUCE W.BATES, DIRECTOR
Phone(607)273-1783 0 Fax(607) 273-1704 Q)
i F3gagt Hcabori Foriir-u
Subirr0t,thisapqflicaflon ONLY after, 1.App�ying for a bUWinglsign perrnVi kx'wt0ch yoii,,i received a
from ("'(,':de Enforice
., rient staff(rr 2. A referra�frorn the PlalnNng lBoard based upon a s: to
�)W)011SUbdMs�on rerfievv. mar iceuse,on IN/) 9�1�
ZETA Appearance Fee: Property Is located within,or adjacent to: County Ag District; UNA;
$150 -Area, Sign, or CEA—Forest Home Historic,District; _State Parklanothermunicipaiity
Sprinkler Variance and
Special Approval For Office Use Oni Date Received: Zoning District:
$25O- Use Variance
Please check all that apply: Applicable Section(s)of Tom Code:
X Area Variance
Use Variance
— Sign Variance
— Sprinkler Variance
— Special Approval
(Only I fee is required per
appearance,higher fee
prevails)
The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of
Appeals to be permitted to;
Construct a building minirnurt'i front setback of±43'versus 50' required.
At property address: 635 Elmira Road Ithaca NYTax.Parcel No.- 35.0-1-21
as shown on the attached supporting dOCUrnents. As description of the practical difficulties and unnecessary
hardship and/or the Special Approval authorization request is as follows: (attach any additional sheets as
necessary)-.
See attached narrative.
By filing this application, I grant permission for meinbers of the Town of Ithaca Zoning Board of Appeals or Town
staff to enter my property for any inspection(s) necessary that are in collnectbri with my application.
PRINT NAME HERE: Ahir 1-late Cor
Signature of Owner/Appellant: AV,-,-- Date:
Signature of Agent: Date:
Best phone number for contacting: 607-272-5252 2"' number:
Email: pahir05@ahirhote1s.c,orn_
NOTL Your attandance at the ZBA meeting is strongly advised.
AREA ��tt�d SlitVARIANCE f �"'f` °��RI FORM
�.... a �taa t i�a L,L(MU! troQ, Tt
Owner/Appellant/Agent Name: Ahir Hotels Corp.
Addlress of property Requiring Variance: 635 Ejmira Road Ithaca NY
Tax Parcel No.: 35.0-1-2.1
TEST:'ST: No area variance will be granted without consideration by the Board of the following factors:
A. Will an undesirable change be produced in the character of the neighborhood or be a detriment to
nearby properties?
"Yes No
Reasons:
The granting of the requested variance will not produce an undesirable change in the
character nor will it be a detriment to nearby properties. There are existing properties along
the Elmira Road corridor which are comparably zoned and have buildings which are located
within the required 50'front setback.
B. Can the benefit sought by the applicant be achieved by a feasible alternative
to the variance?
Yes No
Reasons:
In order to meet the required setback, the proposed building would need to be set further
back away from the front property line. Thus requiring additional clearing and disturbance of
the existing vegetation and steep slope along the east side of the project site. The building's
proposed location minimizes these impacts to the maximum extent practicable.
C. Is the requested variance substantial?
Yes No
Reasons:
The provided,setback is approximately 85% of the required' minimum setback distance and
is therefore not considered a substantial deviation.
D. 'Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood?
Yes No
Reasons:
In order to meet the required setback, the proposed' building would need to be set further
back away from the front property line. Thus requiring additional clearing and disturbance of
the existing vegetation and steep slope along the east side of the project site. The building's
proposed location minimizes these impacts to the maximum extent practicable.
E. Is the alleged' oulty self-created?
Yes X No
Reasons:
The alleged difficulty is self created, however this should not preclude the approval of the
requested variance. The proposed hotel use is appropriate for the subject site given the
Town's current zoning and Comprehensive plan. A parte cochere is an integral component
of such a hotel use. Given the site size and limitations (rear steep slope), the requested
variance is unavoidable.
ZBA Appl, Use Variance REQ JaMMry 2014
MARATHON
r
ENGINEERING
39 Cascade Drive / Rochester,NY 14614 / Phone(585)458-7770
March 16, 2018
Town of Ithaca-Zoning Department
215 North Tioga Street
Ithaca, NY 14850
Attn: Bruce Bates
Re: Proposed Sleep Inn Hotel—Extension of Area Variances
635 Elmira Road (NYS Route 13, 34&96)
Town of Ithaca, NY
Dear Bruce,
On behalf of our client,Ahir Hotels Corp., we are pleased to submit the enclosed information to
request an extension to the expiration date of the area variances for the above project which
were approved by the Town of Ithaca Zoning Board of Appeals(ZBA)on November 21, 2016.
As you are aware,the ZBA approved area variances for maximum building height,front setback,
and maximum allowable building floor area at the meeting noted above. It is our understanding
that these approved area variances will expire in May 2018 unless construction is initiated. Due
to the remaining coordination anticipated among the design team,owner,contractor, NYSDOT,
NYSDEC,and the Town of Ithaca, it is unlikely that construction for this project will be initiated
by the May 2018 expiration deadline.
Therefore,we respectfully request that the ZBA extend the expiration date for those previously
approved area variances for a period of eighteen (18) months from their May 08, 2018 regularly
scheduled meeting.
It should be noted that the site and building improvements currently proposed maintain the
magnitude of the area variances originally approved by the ZBA.Therefore,we are not
requesting any changes to those area variances.
For the ZBA's consideration, below is a discussion relative to the requested area variances
similar to that provided in our initial submission to the ZBA dated July 28, 2016.
The Sleep Inn Hotel project still proposes a total primary structure footprint of±37,000 SF with
a maximum height of±54 FT(±44 FT main building and a±54 FT architectural tower feature)
ultimately providing 70 rooms. As discussed in prior submittals and meetings,the projects
I
Sleep Inn Hotel—Ithaca,NY
Zoning Board of Appeals Submission
/am"N 3/16/18
needs to maintain those area variance approvals granted by the ZBA for: 1)front setback; 2)
maximum building height and;3) maximum floor area. The below discussion is intended to
supplement the enclosed ZBA applications and our requests an extension to the expiration date
of the previously approved area variances.
Area Variance for front building setback:
This requested area variance is associated with the proposed±43 FT setback associated with
the porte cochere where 50 FT is the minimum allowed.
This area variance request is due to the porte cochere encroaching into the front setback of the
lot. For a hotel use,a porte cochere is an integral operational element providing a covered area
for hotel guests to temporarily park and load/unload their luggage when checking in or out of a
hotel. Given the relative shallow depth of the subject lot,the need for this area variance is
unavoidable.
Given the above discussion, an evaluation of the five area variance criteria is as follows.
1. Will an undesirable change be produced in the character of the neighborhood or be a
detriment to nearby properties?
Response: The granting of the requested variance will not produce an undesirable
change in the neighborhood character nor will it be a detriment to the nearby properties.
There are existing properties along the Elmira Road corridor which are comparably
zoned and have buildings which are located within the required 50'front setback.
2. Can the benefit sought by the applicant be achieved by a feasible alternative to the
variance?
Response: The following options were evaluated in an effort to avoid the need for such
an area variance:eliminating the porte cochere, modifying the size and location of the
Porte cochere and moving the entire building further from Elmira Road
The porte cochere is an integral component of the hotel use and operation and cannot
be eliminated. Further, its size and location relative to the main hotel building cannot be
modified to the point of eliminating the need for the requested area variance. Therefore
the elimination or modification of the porte cochere as a means to ovoid the requested
variance was not considered a reasonable alternative.
2
Sleep Inn Hotel—Ithaca, NY
Zoning Board of Appeals Submission
3/16/18
Moving the entire building(including the porte cochere)further from Elmira Road in
order to achieve the required setback was also evaluated. The current proposed building
location, relative to the existing steep, vegetated slope along the rear(east/southeast)
side of the property, minimizes impacts to this existing slope and associated vegetation.
Pushing the building closer to the slope will require additional disturbances/clearing of
the existing slope and/or steeper tie-in grades both of which increase potential for there
to be erosion and sediment transport down the slope. Such a condition may adversely
impact the existing wetlands located at the toe of the embankment slope.
Therefore the above mentioned options were not considered feasible alternatives to
avoiding the requested area variance.
3. Is the requested variance substantial?
Response: The requested area variance is not substantial. The provided setback is
approximately 85%of the required distance and is therefore not considered a substantial
i"'\ deviation.
4. Would the variance have an adverse impact on the physical or environmental conditions
in the neighborhood?
Response: Adverse impacts to the physical or environmental conditions of the
neighborhood would not be anticipated if the requested area variance is approved. As
stated above, the proposed location of the building minimizes impacts to the existing
steep and vegetated slope located along the rear(east/southeast)of the property.
5. is the alleged difficulty self-created?
Response: The difficulty is self-created, however this should not preclude the approval of
the requested variance. The proposed hotel use is appropriate for the subject site given
the Town's current zoning and comprehensive plan. The porte cochere is an integral
component of the hotel use and given the site limitation(rear steep slope), the requested
variance is unavoidable.
3
Sleep Inn Hotel—Ithaca,NY
Zoning Board of Appeals Submission
3/16/18
Area Variance for maximum building height (36 FT allowed,±54 FT proposed):
The main portion of the Sleep Inn Hotel's roof line is located approximately 44 FT above the
finished floor elevation whereas the peak of the architectural tower feature is located
approximately 54 FT above the finished floor elevation.
When considering the appropriateness of proposing a building with a main roof line at±44 FT
and an architectural tower feature at±54 FT above the finished grade, impacts to sensitive
visual view-sheds and/or scenic vistas as well as impact to surrounding properties were
considered. No designated scenic vistas/overlooks or parking areas exist within the immediate
vicinity of the project site. That said,a portion of the eastern ridge of the inlet valley, located
approximately 3,600 LF east/southeast from the project site (with an elevation of
approximately 850)is visible to motorists passing by the site along Elmira Road (with an
elevation of approximately 445). However,given the location, height and canopy of the
existing trees located on the parcel and along the top of the embankment slope as well as the
location of the existing buildings,the viewing window of the eastern ridge is only available for
approximately 300 LF as motorists travel north or south on Elmira Road. At the posted speed
limit of 45 MPH,this translates to approximately 4.5 seconds of viewing time.
The location of the existing trees which are currently obstructing the view of the eastern ridge
are located within the proposed building's footprint and will be removed. Clearing of the
vegetation along the top of the embankment slope which is currently obstructing the view-shed
will be minimized. Given the proposed building's height and dimensions as well as the limits of
the existing vegetation to remain,the viewing window for the eastern ridge is anticipated to be
available for approximately 165 LF or approximately 2.5 seconds. Three sketches are attached
showing the limit of the available viewing window and associated impacts.
The extent of mature vegetation which exists on those parcels along the east side of Elmira
Road already obstructs the viewing area of the eastern ridge of the Cayuga Valley Inlet.
Therefore the reduction in the available viewing area should not be interpreted as excessive.
Refer to the enclosed sketches which illustrate potential viewing area impacts.
There are no pedestrian facilities along the frontage or within the immediate vicinity of the
project site (nor are there any immediate plans for any to be constructed).
eok�
4
Sleep Inn Hotel—Ithaca,NY
Zoning Board of Appeals Submission
3/16/18
Potential view-shed impacts for lines of sight looking toward the western ridge of the Cayuga
Inlet Valley were not evaluated as there is no (nor is there likely to be any)development east of
the project site who's view of the western ridge may potentially be impacted by the project.
Given the above discussion, an evaluation of the five area variance criteria is as follows.
1. Will an undesirable change be produced in the character of the neighborhood or be a
detriment to nearby properties? No,the resulting size of the building will not result in
any adverse or excessive impacts to available view-shed areas or scenic vistas.
2. Can the benefit sought by the applicant be achieved by a feasible alternative to the
variance?
Response: No. Having a 3-story building that is within the 36 FT maximum building
height would require parapet walls with a flat roof. Such a configuration would be in
conflict with the Town's development criteria outlined in the Comprehensive Plan.
fir►` 3. Is the requested variance substantial?
Response: Yes. The proposed building height is approximately 1.5 times the maximum
allowable building height and may be considered substantial. As noted above, the
impacts to the viewing area looking east should not be considered excessive.
4. Would the variance have an adverse impact on the physical or environmental conditions
in the neighborhood?
Response: No. To satisfy the maximum height requirement, the building would need to
be become shorter and wider to maintain the number of rooms. Such a configuration
would result in more disturbance to existing vegetative and slope buffers.
5. Is the alleged difficulty self-created?
Response: Yes. The difficulty is self-created, however this should not preclude the
approval of the requested variance.
Area Variance for maximum floor area (10,000 SF allowed±37,000 SF proposed):
When considering the appropriateness of proposing a 3-story hotel with a total floor area of a
±37,000 SF, an evaluation of the size and scale of hotel uses recently constructed in the Town of
Ithaca was performed. The Country Inn &Suites,located at 1100 Danby Road in the Town of
Ithaca,was constructed circa 2008. According to documents obtained through the Town of
5
Sleep Inn Hotel—Ithaca,NY
Zoning Board of Appeals Submission
3/16/18
Ithaca and information available via the Tompkins County Real Property database,the Country
Inn &Suites facility has a total gross floor area of approximately 40,000 SF. Therefore the size
and scale of the proposed Sleep Inn Hotel is comparable to the recently constructed Country
Inn &Suites facility. It should be noted that the Sleep Inn Hotel provides a smaller
development footprint resulting in less land disturbance by having smaller rooms and by adding
a third floor than that provided by the Country Inn &Suites facility.
Given the above discussion, an evaluation of the five area variance criteria is as follows.
1. Will an undesirable change be produced in the character of the neighborhood or be a
detriment to nearby properties?
Response: No. The use is consistent with the Town of Ithaca's Comprehensive Plan and
those similar use types recently constructed.
2. Can the benefit sought by the applicant be achieved by a feasible alternative to the
variance?
�••R Response: No. Given the size of the parcel, limited land along the Inlet Valley Corridor
zoned for hospitality uses, the size and scope of this project should be considered
appropriate.
3. Is the requested variance substantial?
Response: The variance requested exceeds the maximum allowable square footage by
#360%may be considered to be substantial. However, given the size of the parcel,
limited land along the Inlet Valley Corridor zoned for hospitality uses, the size and scope
of this project should be considered appropriate.
4. Would the variance have an adverse impact on the physical or environmental conditions
in the neighborhood?
Response: No. As currently proposed, the project will minimize disturbances to the
perimeter vegetative buffers and steep slopes. In addition,reasonable efforts have been
made to buffer the adjacent residential properties with a screening fence.
S. Is the alleged difficulty self-created?
Response: The difficulty is self-created, however this should not preclude the approval of
the requested variance."
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Sleep Inn Hotel—Ithaca, NY
Zoning Board of Appeals Submission
3/16/18
So the Zoning Board of Appeals may review our request for an extension to the previously
approved area variances,we are enclosing the following information.
• This Letter
• ZBA Area Variance Fee—$450.00 check(3 variance applications at$150.00 each)
• ZBA Application—Front Setback Area Variance
• ZBA Application—Maximum Building Height
• ZBA Application—Total Floor Area
• SEQR Long Form EAF
• Site Plan (11x17)
• Viewing Area Impact Sketches (11x17), 3 sheets total
• Building Floor Plan (11x17)
• Building Elevations (11x17)
• Color Building Elevations(11x17)
• Compact Discs containing electronic (PDF) copies of the above information.
We respectfully request that this project be placed on the agenda for the May 08, 2018
regularly scheduled Zoning Board of Appeals meeting whore we may request the extension to
the previously approved area variances. If you have any questions, or require additional
information, please do not hesitate to contact our office.
Respectfully submitted,
Adam M. Fishel, PE, CPESC
cc: Pratik Ahir—Ahir Hotels Corp.
Joseph Turnowchyk—Hex9 Architects
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