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Home My WebLink AboutZBA Minutes 2018-12-11Town of Ithaca Zoning Board of Appeals Public Hearings Tuesday, December 11, 2018 Appeal of Cornell University, owner; Central Energy Plant, location. Multiple tax parcels are included in this project/location: 63.-1-8.1 LI, (Light Industrial); 63.-1-11 MUL (Multiple) and 63.-1-5 LDR (Low Density Residential). The request is a variance from Town of Ithaca Code Chapter 270-223 A (8)a for the parcels in MUL and LDR listed above to be permitted to erect a security fence with the required building permit at a height of 6’ feet with an additional 1’6” feet of barbed wire where fences over 6’ feet are permitted in all zones with the issuance of a building permit but barbed wire is only permitted in LI or I zones. Appeal of Elizabeth Riley, owner, 168 Bundy Rd, 24.-4-6.6 requesting a variance from Town of Ithaca Code, Chapter 270-59 Height limitations to be permitted to renovate an existing basement by adding a walk-out door increasing the height from grade from to 43’ feet where 36’ feet are allowed. Information on both appeals can be found at www.town.ithaca.ny.us or by contacting the Town Clerk at twonclerk@town.ithaca.ny.us or 607-273-1721 ext. 3 Paulette Rosa Town Clerk Dec 3, 2018 ZBA 2018-12-11 Pg. 1 Town of Ithaca Zoning Board of Appeals Tuesday, December 11, 2018 at 6:00 p.m. Present: Rob Rosen, Chair; Members Bill King, Chris Jung, Caren Rubin, George Vignaux and Alternate David Squires Absent: David Filiberto Staff: Bruce Bates, Codes, Paulette Rosa, Town Clerk and Susan Brock, Attorney for the Town Mr. Rosen opened the meeting at 6:02 p.m. Appeal of Cornell University, owner; Central Energy Plant, location. Multiple tax parcels are included in this project/location: 63.-1-8.1 LI, (Light Industrial); 63.-1-11 P9 and LI, (Light Industrial and Planned Development 9 and 63.-1-5 LDR (Low Density Residential). The request is a variance from Town of Ithaca Code Chapter 270-223 A (8)a for the parcels in LDR listed above to be permitted to erect a security fence with the required building permit at a height of 6’ feet with an additional 1’6” feet of barbed wire where fences over 6’ feet are permitted in all zones with the issuance of a building permit but barbed wire is only permitted in LI or I zones. Alex Chevallard, Project Manager stated that the intent of the appeal is to put a security fence around some of the tanks and other assets for both protection of the public and the assets themselves. Clarifications were sent out prior to the meeting to the board noting that the only variance needed is in the LDR for the height of the fence going from 6 feet to 7.5 feet and the addition of the barbed wire. Mr. Rosen noted that it is not near any public rights-of-way, the nearest being at least 400 feet away. Mr. Vignaux added that the fence and wire fit in with the industrial setting. Ms. Jung stated that the slope of the topography help obscure the fence and you probably can not see it from the Rec Way. Ms. Rubin stated that it seemed to make sense and fit in with the LI zone. Mr. King wondered why the portion is zoned LDR and Ms. Brock stated that much of Cornell is zoned LDR and it will probably change in the upcoming rezoning but the variance needs to look at it as is. Ms. Brock noted that this is Type 2 as an educational use. Mr. Rosen opened the public hearing at 6:12p.m.; there was no one wishing to address the board and the hearing was closed. ZBA 2018-12-11 Pg. 2 ZBA Resolution 0067-2018 Height Variance Security Fence with barbed wire top Dryden Rd., TP 63.-1-5 December 11, 2018 Resolved that this board grants the appeal of Cornell University, Dryden Rd., TP 63.-1-5, LDR from Town of Ithaca Code Chapter 270-223 A (8) to be permitted to erect a security fence with the required building permit at a height of 6’ feet with an additional 1’6” feet of barbed wire where fences with the following Conditions: 1. That the fence be substantially built as shown in the revised sheets as requested by the Planning Board prior to the issuance of any building permit, and Findings: 1. The benefit the applicant wishes to achieve cannot be achieved by any other means feasible given that this type of fence is necessary for security around this area, and 2. That there will not be an undesirable change to the neighborhood character or to nearby properties given that the closest public right-of-way is 400 feet away, the land slopes up from the Recreation Trail and the area seems very industrial in nature, and 3. The request is substantial given that barbed wire is not permitted in residential zones, and 4. The request will not have adverse physical or environmental effects as evidenced by the fact that SEQR is not required. 5. The alleged difficulty is self-created in that the applicant needs a security fence, but nevertheless, the benefit to the applicant outweighs any detriment to the health, safety and well being of the neighborhood for the reasons listed above. Moved: Rob Rosen Seconded: Caren Rubin Vote: Ayes – Rosen, Rubin, King, Vignaux, and Jung Appeal of Elizabeth Riley, owner, 168 Bundy Rd, 24.-4-6.6 requesting a variance from Town of Ithaca Code, Chapter 270-59 Height limitations to be permitted to renovate an existing basement by adding a walk-out door increasing the height from grade from to 43’ feet where 36’ feet are allowed. Ms. Riley explained that they would like to be able to enter the basement through a walk-out door to store their mower etc. and this would not be for habitable space, simply a better way to get in and out versus a bulkhead type entry. The house is built into the side hill and there is one spot where the wall to the basement is visible and they would like a door there for ease. It will not be visible from anyone other than the property around them which is at least a 100 feet away on all sides and owned by relatives. ZBA 2018-12-11 Pg. 3 The variance is needed because the code requires measuring height of building from the lowest grade and once the door is put in, that becomes the new lowest grade because we will be removing some earth. Mr. Rosen opened the public hearing and closed it given there was no one present. The Board discussed the drawings and asked questions to clarify the applicants are simply cutting a space in the land against the basement wall and putting an access door there. ZBA Resolution 0068-2018 Height Measurement from grade for walkout basement door 168 Bundy Rd., TP 24.-4-6.6 December 11, 2018 Resolved that this board grants the appeal of Appeal of Elizabeth Riley, owner, 168 Bundy Rd, 24.-4-6.6 requesting a variance from Town of Ithaca Code, Chapter 270-59 Height limitations to be permitted to renovate an existing basement by adding a walk-out door increasing the height from grade from to 43’ feet where 36’ feet are allowed with the following Conditions 1. That the door be built substantially as shown on the drawings submitted and the grading be limited to what is described and represented in the application, and Findings 1. That the benefit the applicant wishes to achieve cannot be done by any other way given that the slope of the property would mean any door would increase the height under the current code, and 2. That there will not be an undesirable change to the neighborhood or nearby properties in that the perimeter grade line is not being changed and is not visible from the public right- of-way and the side and rear property lines are at least 100 feet away, and 3. That the request is substantial in that 43’ feet is requested where 36’ feet is allowed, but the entrance will not be noticeable, and the excavation is only to a portion of the basement and will not look like the whole house is another level, and 4. That there will not be any adverse environmental effects as evidenced by SEQR not being required as Type 2 for a single-family residence and 5. That the hardship is self-created in that they would like a walk out door, but nevertheless, any detriment to the health, safety and welfare of the neighborhood for the reasons listed above. Moved by Rob Rosen, seconded by Chris Jung Vote: Ayes – Rosen, Jung, Vignaux, Rubin and King Other business The Board nominated Rob Rosen as Chair for 2018, unanimous. The Board agreed to continue with the second Tuesday of the month at 6pm with a single change to January to January 15*'' to accommodate board members schedules. Meeting was adjourned at 6:45 p.m. Submitter Paulette Rosa, Town Clerk ZBA 2018-12-11 Pg.4