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HomeMy WebLinkAboutZBA Minutes 1990-01-03 F FILED WN OF ITHACA��a��j� � ® Clerk 77 TOWN OF ITHACA ZONING BOARD OF APPEALS JANUARY 3 , 1990 PRESENT : Vice - Chairman Edward Austen , Edward King , Eva Hoffmann , Joan Reuning , Building Inspector/ Zoning Enforcement Officer Andrew Frost , Town Attorney John Barney . ABSENT : Henry Aron . OTHERS PRESENT : Gary Turton , Donald Brown , Sandra Brown , Alfred DiGiacomo , John Sherry , Zetta Sprole , Martin Shapiro , Esq . , Charles McCary , Bob Shaw , Anne Shaw , David Gersh , Esq . , Bruce Shindhelm . Vice - Chairman Austen called the meeting to order at 7 : 10 p . m . and stated that all posting , publication and notification of the public hearings had been completed and that proper affidavits of same were in order . The first Appeal on the Agenda was the following : ® APPEAL OF ZETTA RUFF SPROLE , APPELLANT , REQUESTING VARIANCE OF THE REQUIREMENTS OF ARTICLE IV , SECTION 11 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE OPERATION OF A " BED AND BREAKFAST " , KNOWN AS " THE HOUND AND HARE " , WITH A MAXIMUM OF FOUR LODGERS , TO BE LOCATED IN A SINGLE- FAMILY HOME AT 1031 HANSHAW ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 71 -7 - 5 , RESIDENCE DISTRICT R- 15 . SAID ORDINANCE PERMITS A SINGLE -FAMILY HOME TO BE OCCUPIED BY A FAMILY PLUS NO MORE THAN ONE BOARDER , ROOMER , LODGER OR OTHER OCCUPANT . Atty . Shapiro , representing Mrs . Sprole , stated that he understands that there are four members of the Board present and with the attendance tonight they would need the unanimous vote of the Board to grant the requested variance . Under those circumstances he asked the Board if they might be able to put this case over until such time as a full Board might be able to hear it . Discussion followed on the time frame of when they would be able to come back before the Board . After further consultation with his client , it was decided that they would go ahead with the appeal . Atty . Shapiro explained that Mrs . Sprole has owned this property for quite some time and has raised her family there . Before the children left home there were eight people living on the property . At present , Mrs . Sprole is single , her children ® Town of Ithaca 2 Zoning Board of Appeals January 3 , 1990 are all grown and gone and she is in the house by herself . Atty . Shapiro referred to the practical difficulties and unnecessary hardship documentation that he had prepared which is attached hereto as Exhibit # 1 . Atty . Shapiro explained that Mrs . Sprole has a number of extra rooms and she would like to use two of those rooms to house guests on a basis that usually would be weekends . There would be no more than two occupants per room - it would always be a couple . It would basically be a Bed & Breakfast , using just two rooms . He stated that Mrs . Sprole gets most of her clientele from referrals . The majority would be coming late on a Friday afternoon and leaving on Sunday . The major portion of her clientele would be people visiting Cornell University or Ithaca College or their children at those places and who want to stay in something other than the traditional motel / hotel situation . Atty . Shapiro further explained that in all cases there would be no more than one car per couple so there would never be more than three cars , hers included , on the premises . There will ® be no employees at all and the impact , in just about every way , shape and form , on the neighborhood is going to be minimal . She has sufficient off - street parking to take care of any automobiles . This is her home - she lives in it and she certainly does not want any situation that would detract from this being her home or being a residential situation . Atty . Shapiro assured the Board that the house will not be changed in any way , shape or form . The house is well maintained and will continue to be well maintained . Ms . Sprole , now that her children are gone and she is again single , has very little means of support and she is looking to get some minimal amount of money out of this endeavor to help her maintain her house in the present and attractive condition . Atty . Shaprio stated that a number of Mrs . Sprole ' s neighbors have stated their support . Statements of support are attached as Exhibits # 2 - # 9 . They are signed by the following : Betty D . David , Sue Swerbenski , J . Christian , J . R . Henry , Sheri Lyon Johnson , Justine L . Lin , John Sherry , Ernestine Wright , and Anne C . Shaw . Atty . Shapiro referred to the tax map showing the property owners in the area that are in support of the proposed project . The tax map is attached hereto as Exhibit # 10 . Vice - chairman Austen opened the public hearing . ® Mr . Gary Turton addressed the Board and read a statement signed by his wife and himself opposing the Bed & Breakfast that Mrs . Sprole is proposing . The statement is attached hereto as woe M1 Town of Ithaca 3 Zoning Board of Appeals January 3 , 1990 Exhibit # 11 . Mr . Turton also read letters into the record from Karel and Simone Husa and from Donald and Kitty Zilversmit , stating their opposition , dated January 2 , 1990 and January 3 , 1990 , respectively , which are attached hereto as Exhibit # 12 and # 13 . Mr . Bob Shaw , 313 Roat Street , stated that his concern is if there will be boarding of pets for people who will be occupants of the Bed & Breakfast . He also questioned if , at the present time , there is a boarding and breeding business on the premises . He said that currently there is a covered kennel in the back of Mrs . Sprole ' s property with lights on 24 hours a day . The dogs do make noise in very early hours . He stated that he would be impacted by any more pets that could be at that residence . Mr . Shaw stated that as far as the Bed & Breakfast is concerned , he does not really have a problem with it as an operation as long as it is kept to the limits that were discussed earlier by Attorney Shapiro . He stated that he knows Mrs . Sprole has been breeding dogs for some time and his concern is that the population of dogs could become a problem . ® Atty . Shapiro clarified that Mrs . Sprole has three pets of her own , plus one that she is keeping for a friend . She does not board dogs . There are no plans to have more dogs there . Mr . Al DiGiacomo , 1024 Hanshaw Road , had questions for the Board regarding zoning laws for Bed & Breakfast establishments . Discussion followed regarding the laws that govern such an establishment . Mr . DiGiacomo asked if there would be a sign on the property . Atty . Shapiro stated that the intention is to have a sign . It would be legal in all respects to the Sign Ordinance . The sign would be less that 4 square feet in size . Mr . DiGiacomo stated that he is opposed to the project . Mr . John Sherry , 1026 Hanshaw Road , addressed the Board and stated that he is not opposed to the principle of the project , however , he has concerns about commercialism in the area . Mrs . Reuning asked about other Bed & Breakfast establishments in the area . Mr . Frost stated that there is one on Warren Road . There is also one on the corner of Hanshaw and Sapsucker Woods Roads but that is on the Town of Dryden side . Vice Chairman Austen closed the public hearing . Vice Chairman Austen read Part III of the Short Environmental Assessment Form that was submitted to the Board . Town of Ithaca 4 Zoning Board of Appeals January 3 , 1990 The entire SEAF is attached hereto as Exhibit # 14 . , Environmental Assessment By Mr , Edward King , Seconded by Mrs . Joan Reuning . RESOLVED , that this Board accepts the recommendation of George Frantz , Assistant Town Planner , and finds that because of the relatively small scale and character of the activity for which this variance is requested , therefore , the Board make and hereby does make a negative declaration of environmental significance . Ayes --Austen , King , Reuning , Hoffmann . Nays - None . The motion carried unanimously . After further discussion by the Board on the proposed Bed & Breakfast , Vice Chairman Austen asked for a motion on the request , ® By Mr . Edward King , Seconded by Mrs . Eva Hoffmann . RESOLVED , that this Board finds that for this petitioner there are practical difficulties and unnecessary hardship in confining the use of her large home to strictly those residential uses presently permitted under the Town ' s ordinance as specified . This Board also finds the following : 1 . Mrs . Sprole ' s application is to devote two rooms to occasional Bed and Breakfast use , with no more . than two occupants in each for a total of four at a time . 2 . Mrs . Sprole has indicated willingness to have such a variance limited in time , as this Board suggests . to a period of five years at which time , if she intended to continue , she would have to apply for a new variance . 3 . That such limitation be further limited to the duration of her personal ownership , should it be less than five years , 4 . The Board finds that the proposed use is residential in nature and therefore in conformity with the residential character of the neighborhood , 5 . That it is a relatively low- line occupancy . 6 . That her property provides ample parking space and there would be no outside employees involved . 7 . That any traffic would present an insignificant increase for Hanshaw Road , which is a high traffic highway . 8 . That the property is well suited for the proposed use . 99 That the proposed signage would appear to come within the requirements of the Sign Law , in that it be no more than 4 square feet . Town of Ithaca 5 Zoning Board of Appeals January 3 , 1990 10 . That the premises are indeed under -utilized in their present single person occupancy . 11 . That the upkeep of the property appears to be beyond reproach . 12 . That there will be no additional pets boarded other than what she presently has on the premises . 13 . That such a variance , while it would modify the application of the regulations , it would still preserve the spirit of the ordinance . 14 . That public safety and welfare would not be jeopardized by the granting of this variance for such a limited period , and substantial justice would be done . 15 . That the limited period would gave the neighbors who have expressed concern over the operation some opportunity to bring in evidence on an application for renewal . FURTHER RESOLVED , that the variance be granted for the limited period of five years , or for such lesser period as the applicant shall own the property , with the following ® conditions : 1 . That the applicant supply the Board with a document in properly recordable form agreeing to limiting the duration of the variance to her ownership of the property , 2 . That the applicant , herself , continue to occupy the premises and , if she vacates the premises , the variance will cease ; such condition to be included in the document to be submitted to the Board ; 3 . That no pets be accepted from any of the proposed boarders at any time for occupancy on the premises , 4 . That the Building Inspector inspect the premises and be satisfied as to the life safety aspects of the premises for occupancy as a Bed and Breakfast , 5 . That , as the applicant has represented , the anticipated use will be principally on weekends and occasionally mid -week ; 6 . That at no time will there be more than four ( 4 ) Bed and Breakfast occupants . The voting on the motion was as follows . Ayes - King , Hoffmann , Reuning , Austen . Nays - None . t ® Town of Ithaca 6 Zoning Board of Appeals January 3 , 1990 The second Appeal on the Agenda was the following . APPEAL OF DONALD AND SANDRA BROWN , APPELLANTS , REQUESTING AUTHORIZATION BY THE ZONING BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE EXTENSION OF A NON-CONFORMING BUILDING/ LOT LOCATED AT 1448 TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 1 - 19 . 2 , ZONE DESIGNATION AGRICULTURAL , ( RESIDENCE DISTRICT R- 30 REGULATIONS APPLY ) . THE EXTENSION PROPOSED IS THE EXPANSION OF A BEDROOM , IN AN EXISTING SINGLE FAMILY RESIDENCE , BY 21 FEET TO THE WEST , MAINTAINING THE EXISTING NON-CONFORMING SOUTH SIDE YARD BUILDING SETBACK OF 12 . 7 + OR .. FEET . CURRENT ZONING REGULATIONS REQUIRE A SIDE YARD SETBACK OF 40 FEET . Mr . Donald Brown and Mrs . Sandra Brown appeared before the Board and explained their need for the expansion of a bedroom . Vice Chairman Austen read a letter into the record from Mr . Robert G . Mower , dated December 31 , 1989 stating that he has no objection to the proposed expansion . The letter is attached hereto as Exhibit # 15 . Vice Chairman Austen also read into the record an ' overview ' that was submitted by the Browns along with the application . It I s attached hereto as Exhibit # 16 . Town Attorney Barney asked Mr . Brown if his intention is to extend the existing southerly line to the west . Mr . Brown replied , yes . Mr . King asked the Browns if this would be a one - story addition . Mrs . Brown responded , yes , the total size of the addition would be 21 feet by 18 feet at the exterior measurements . Vice Chairman Austen opened the public hearing . No one appeared to address the Board . Vice Chairman Austen closed the public hearing . There was discussion about the angle of the house on the lot . Town of Ithaca 7 Zoning Board of Appeals January 3 , 1990 Motion By Mrs . Joan. Reuning ; Seconded by Mr . Edward King . RESOLVED , that the Board finds the following . 1 . No one appeared in opposition to the proposed addition . 2 . A letter was presented from Mr . Mower , the closest neighbor , with his approval . 3 . That Section 77 . 7 ( a - f ) shall apply . Therefore , the Town of Ithaca Zoning Board of Appeals grants the extension of a non - conforming building/ lot by allowing this addition to be located no closer than 11 feet from the property line , with the following conditions . 1 . That the extension of the wall be in a straight line on the southerly line , with the same bearing that the existing south wall to the building has , 2e that this is to be a single story addition ; 34 that there will be no windows on the south side of the addition . The voting on the motion was as follows : Ayes - Reuning , Austen , King , Hoffmann . Nays - None . The motion carried unanimously . The third Appeal on the Agenda was the following . APPEAL OF BRUCE E . SHINDHELM , APPELLANT , DAVID B . GERSH , ESQ . , AGENT , REQUESTING AUTHORIZATION BY THE ZONING BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE EXTENSION OF A NON-CONFORMING BUILDING/ LOT LOCATED AT 911 EAST SHORE DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 18 - 1 -8 , RESIDENCE DISTRICT R- 15 , SAID EXTENSION PROPOSES THE REPLACEMENT OF AN EXISTING 22 . 5 -FOOT BY 17 . 5 -FOOT GARAGE , LOCATED 2 . 2 + OR - FEET FROM THE WEST SIDE YARD IAT LINE , WITH A NEW GARAGE , 18 FEET HIGH BY 30 FEET WIDE BY 24 FEET DEEP , TO BE LOCATED PARTIALLY WITHIN THE FOOTPRINT OF THE EXISTING GARAGE AND 5 + OR - FEET FROM THE WEST SIDE YARD LOT LINE . SAID LOT IS ® AN IRREGULAR-SHAPED LOT , THEREFORE , UNDER CURRENT • Town of Ithaca 8 Zoning Board of Appeals January 3 , 1990 ZONING REGULATIONS A 20 - FOOT SIDE YARD SETBACK IS REQUIRED . IN ADDITION , UNDER CURRENT ZONING REGULATIONS , THE MAXIMUM HEIGHT PERMITTED FOR ACCESSORY BUILDINGS IS 15 FEET . Attorney Gersh addressed the Board and stated that they have submitted a corrected survey which now shows that the frontage along East Shore Drive will be 30 feet and the proposed depth would be 24 feet . He stated that they are also submitting a sketch to show the relationship of the proposed new garage to other buildings in the immediate area . The sketch is attached hereto as Exhibit # 17 . Atty . Gersh explained that across the street is the Chamber of Commerce building which is considerably more than 18 feet high and then just beyond that is the Youth Bureau building which has a part of its function automobile repair work and the Youth Bureau Building itself has two overhead doors , considerably larger than what Mr . Shindhelm is proposing . Atty . Gersh referred to the supplement for the request for tSpecial Approval for this project which is attached hereto as Exhibit # 18 . Vice Chairman Austen read into the record a letter from Herbert Brewer , Executive Director of the Tompkins County Chamber of Commerce , dated December 28 , 1989 and a letter from Clair Whiting , 915 East Shore Drive , in support of the project . The letters are attached hereto as Exhibits # 19 and # 20 . Atty . Gersh requested that letters which were exhibits # 8 and # 9 from the December 13 , 1989 meeting be a part of the record of this meeting . Those letters are attached hereto as Exhibits # 21 and # 22 . Mr . Shindhelm showed brochures to the Board that show what the building and the overhead doors will look like . Mr . King referred to the updated survey map ( 12 / 22 / 89 ) which was submitted to the Board . The revised survey map is attached hereto as Exhibit # 23 . Mr . King stated that the 24 feet in depth indicates that the front of the garage might be as much as 7 feet closer to the highway than is the front . Mr . Shindhelm said that is because it is not sketched on there taking away the embankment behind it which is being planned to do . He explained that there is an embankment on the side of the driveway that they cannot take away from ; there is an Town of Ithaca 9 ` Zoning Board of Appeals January 3 , 1990 embankment behind the proposed garage which leads up to the lawn in front of his house and that embankment they can take away from and that is the plan . Mr . King asked Mr . Shindhelm if he is saying that he intends to place the garage farther back than the sketch indicates . Mr . Shindhelm replied , yes . He said that , ideally , they want to have front walls of both his neighbor ' s garage and his garage corresponding , which will be possible unless there is a railroad trestle in that embankment . Town Atty . Barney asked if there would be electric hooked up to the garage . Mr . Shindhelm replied that there would not be electric to the garage . Vice - Chairman Austen opened the public hearing . No one appeared to address the Board . Vice - Chairman Austen closed the public hearing . Vice - Chairman Austen read a letter into the record from Harry Missirian , Acting Commissioner of Planning for Tompkins County , dated December 6 , 1989 , which is attached hereto as Exhibit # 24 . Mr . Shindhelm stated that the garage next door is 20 feet wide , 16 feet high and 21 feet deep . His proposed garage will be 10 feet wider , 2 1/ 2 feet taller , and 3 feet deeper . Mr . Shindhelm stated for the record that he has been in the towing business twenty years today . He has never done any mechanic work and he has no intention to change that . The only purpose for this garage is for storage for his trucks . He explained that in the last year he has been very fortunate to obtain a very unique vehicle which is one of a kind in the United States and he very much wants to protect that truck and his investment in it and store it in a garage . He reiterated that his sole purpose for this garage is to store his vehicles , safely . Motion By Mr . Edward King , Seconded by Mrs . Joan Reuning . RESOLVED , that this Board grant and hereby does grant a requested height variance for the construction of a garage which will be a maximum 18 ' 6 " high at the highest point , and that the Board permits the garage to be sighted no closer than 4 feet to the north of the lot line , and that the front of the building , which is the westerly side , be no closer than 25 ' from the right - of -way of Route 34 , upon the findings . Town of Ithaca 10 Zoning Board of Appeals January 3 , 1990 10 that the proposed construction will not impair the health , safety or general welfare of the community ; 2 . that it will be in harmony with the general use and building in that area , 3e that the neighbors most immediately affected , namely those adjacent north and across the highway from this property , have both submitted their written consents to and approval of the proposal ; 49 that the proposed construction will be consistent with the character of the district in which it is located , with its immediate vicinity being faced , as it is , to the south and east by a raised elevated New York State highway ; 5e that the structure will serve a most useful function in preserving and storing very special , expensive vehicles , namely the two tow trucks owned by the owner of the land ; 69 the access and egress from the structure appears to be safely designed and the general effect on the community as a whole , including traffic load on the public streets and upon water and sewer would not be detrimental to the health , safety and general welfare of the community ; 7 * that by granting this variance there is no determination being made as to whether the present use of the property is in compliance or non - compliance with the ordinance , therefore , the Board does grant these variances for the construction with the following conditions : 10 the structure will be used solely for the housing of vehicles of the owner of the property ; 2 * the building will not be used for any general repair or other work but strictly as a shelter for the vehicles ; 39 the building will be used to store vehicles owned by the owner of the house in back of the proposed building and the building will not be used for any commercial purposes . The voting on the motion resulted as follows : Ayes - Austen , King , Reuning , Hoffmann . Nays - None . The motion was carried unanimously . • The meeting adjourned at 9 : 25 p . m . ® Town of Ithaca 11 Zoning Board of Appeals January 3 , 1990 Respectfully' /Submitted , A OVED o ff-G -� Connie J . Ho ward Austen , Vi a Chairman Recording Secretary PRACTICAL DIFFICULTIES AND UNNECESSARY HARDSHIP The appellant owns the subject property located at 1031 Hanshaw Road . Ithaca, New York, which property is improved by a single family home containing four bedrooms , two bathrooms , a living room , dining room , sun porch , kitchen with pantry, and attached deck . Interestingly , the subject property is a small part of property given to appellant' s ancestors following the American Revolution for meritorious military service during the war . The appellant lives in and occupies the subject property alone ; she is unmarried and her children are grown and live elsewhere . Due to certain family difficulties the appellant must now support herself and the subject property, but she has no specific training and aptitude , except for a love of people and a desire to maintain her home in a beautiful and attractive condition , all of which lends itself to maintaining a Bed and Breakfast. The home itself is simply too large and costly to maintain without some small additional income . The subject property is located in an R- 15 zone , which permits uses other than a tourist home (which definition appears to apply to the use of the subject premises as a Bed and Breakfast ) . Among the permitted uses is that contained in Article IV , Section 11 , Subdivision 1 of the Town of Ithaca Zoning Ordinance which provides as follows : " 1 . One Family Dwellings . In addition to a single family , such dwelling may be occupied by not more than two boarders , roomers, lodgers , or other occupants . " The appellant desires to use the subject premises as a Bed and Breakfast , utilizing only two bedrooms for such purposes . The maximum occupancy at any given time will thus be four , a couple in each of the bed roams so utilized , and much of the time the occupancy will be two guests or none . The appellant primarily will operate the premises on the weekends , although occasionally may have guests during the week also . It is important to note that the variance requested is thus minimal, in that the appellant may , under the permitted uses , have two guests , and the variance is thus needed only for those times that she has three or four guests , which will likely be limited in most cases to the weekends . There will be no employees . Given the situation of the present use of the property , it is likely that the number of people using the subject property at any given time will likely be less than the number of people using other single family dwellings occupied by traditional families . The variance should be granted because the property is in harmony with the general purpose of the zoning ordinance . Only a minimal variance is requested , and the actual usage of the additional permitted usage by the variance will also be minimal. The property will remain in all ways outwardly a single family residence , and will actually be able to be better maintained with the variance. There will be no adverse effects on the health , safety, morals , and general welfare of the community; rather a need will be partially filled in a small way. Often, for various reasons guests of residents in the nearby community stay at Bed and Breakfasts while visiting. This provides a welcome respite from the usual motels with the attendant traffic and noise often located farther away. There is no question that the subject premises are well suited to the instant purpose . Included in the application for this variance are pictures of some of the rooms to be used and of the exterior, together with a layout of the interior of the building . No further adaptation is required . The location and design of the premises are in keeping with the neighborhood , as can readily be seen from the photographs . This is a beautiful single family residence , much like neighboring properties in situation and appearance . The immaculate upkeep of the premises add to the value of the neighborhood and that fact of the appellant ' s residence assures continued ® PAGE 1 OF 2 EXHI4BIT # 1 positive contribution to the upkeep of the building. The fact that the usage is to be minimal , assures that the amenity of the neighborhood will not be compromised in any way. In addition, there are bed and breakfasts nearby , and upon information and belief, a variance was granted for a bed and breakfast nearby on Warren Road, which premises are in the same R- 15 zone as the instant premises . Ingress and egress have been provided in a safe manner in full compliance with all regulations. Due to the fact that the usage is to be so minimal, the additional traffic will also be minimal. Generally speaking, guests arrive sometime Friday afternoon or evening. They may go out to dinner or to visit friends or see the sights , and generally return in the early to mid evening. Saturday morning the guests have breakfast and then leave , either for the day or until the next time they are in town. Guests generally return or new guests arrive Saturday afternoon or evening and the cycle repeats . It is unusual that guests come and go several times in the course of a day. Thus , the additional traffic generated by this request, which once again is for use of the second bedroom on an occasional basis , would be trivial. Further , Hanshaw Road has recently been improved so the effect on traffic would be even further minimalized . Water and sewer service would not be impacted to any measurable degree . Therefore , it is respectfully submitted that the variance requested is the absolute minimal variance needed. The premises will not be modified and will remain an asset to the community. The fact that most of the immediate neighbors have fully supported this application, testifies to the fact that there are no adverse effects of any meaningful nature in granting the application. Your approval of this application is respectfully requested. • PAGE 2 OF 2 EXHIBIT # 1 /J WE RESIDING AT . UNDERSTAND THAT ZETTA SPROLE IS APPLYING FOR A VARIANCE SO THAT SHE MAY USE HER RESIDENCE AS A BED & BREAKFAST USING TWO BEDROOMS FOR HER GUESTS . WE HAVE ABSOLUTELY NO OBJECTION TO HER DOING SO AND WE CONSENT . WE WISH TO HAVE HER VARIANCE ACCEPTED . SIGNED _ - j DATED �� J DAv %d) • EXHIBIT # 2 � a WE RESIDING AT UNDERSTAND THAT ZETTA SPROLE IS APPLYING FOR A VARIANCE SO THAT SHE MAY USE HER RESIDENCE AS A BED & BREAKFAST USING TWO BEDROOMS FOR HER GUESTS . WE HAVE ABSOLUTELY NO OBJECTION TO HER DOING SO AND WE CONSENT . . WE WISH TO HAVE HER VARIANCE ACCEPTED . SIGNED AlLL 40clldDATED • EXHIBIT # 3 �3 WE RESIDING AT X035` UNDERSTAND THAT ZETTA SPROLE . IS APPLYING FOR A VARIANCE SO THAT SHE MAY USE HER RESIDENCE AS A BED & BREAKFAST USING TWO BEDROOMS FOR HER GUESTS . , WE HAVE ABSOLUTELY NO OBJECTION - TO HER DOING SO AND WE CONSENT . WE WISH TO HAVE HER VARIANCE ACCEPTED . NED SIG � 2, 62 DATED EXHIBIT #4 � jL r • WE RESIDING AT . UNDERSTAND THAT ZETTA SPROLE IS APPLYING FOR A VARIANCE SO THAT SHE MAY USE HER RESIDENCE AS A BED & BREAKFAST USING TWO BEDROOMS FOR HER GUESTS . , WE HAVE ABSOLUTELY NO OBJECTION TO HER DOING SO AND WE CONSENT . WE WISH TO HAVE HER VARIANCE ACCEPTED . , o SIGEDN ':. - ;?� DATED i d� ill EXHIBIT # 5 � S • WE RESIDING AT UNDERSTAND THAT ZETTA SPROLE IS APPLYING FOR A VARIANCE SO THAT SHE MAY USE HER RESIDENCE AS A BED & BREAKFAST USING TWO BEDROOMS FOR HER GUESTS . WE HAVE ABSOLUTELY NO OBJECTION TO HER DOING SO AND WE CONSENT . WE WISH TO HAVE HER VARIANCE ACCEPTED . D // c DATEDi1L��J? ( - SIGNE , EXHIBIT # 6 WE RESIDING AT . C) cl S UNDERSTAND THAT ZETTA SPROLE IS APPLYING FORA VARIANCE SO THAT SHE MAY .USE HER RESIDENCE AS A BED & BREAKFAST USING TWO BEDROOMS FOR HER GUESTS . ' WE HAVE ABSOLUTELY NO OBJECTION TO HER DOING SO AND WE CONSENT . WE WISH TO HAV HER VARIANCE ACCEPTED . oi SIGNED Y DATED • EXHIBTT # 7 EE 7 WE RESIDING AT UNDERSTAND THAT ZETTA SPROLE IS APPLYING FOR A VARIANCE SO THAT SHE MAY USE HER RESIDENCE AS A BED & BREAKFAST USING TWO BEDROOMS FOR HER GUESTS . WE HAVE ABSOLUTELY NO OBJECTION TO HER DOING SO AND WE CONSENT . WE WISH TO HAVE HER VARIANCE ACCEPTED . SIGNED (,? �,c � % ''V �-� DATED Id .- - -� �. .p EXHTB I T # 8 WE RESIDING AT Aa UNDERSTAND THAT ZETTA SPROLE IS APPLYING FOR A VARIANCE SO THAT SHE MAY USE HER RESIDENCE AS A BED & BREAKFAST USING TWO BEDROOMS FOR HER GUESTS * WE HAVE ABSOLUTELY NO OBJECTION - TO HER DOING SO AND WE CONSENT . _ WE WISH TO HAVE HER VARIANCE ACCEPTED . SIGNED DATED EXHIBIT # 9 v � M P �. I u „oblF- • ^ � II 4 ii w • , It �' •er- ,; Oal _�. u •1., — - 4u ` 1 1 �e:__.. _ ! Plt . _ . 4U__ " 1 II-- es ' 13i �16 - 9ugi��uo- {+ � n , f � ' j ♦ T INu , � � 10 • / a � I I m-- gig.It 42 11 u CO It 3NO1S >t9p18 " •„ 1 Q Q M III — _ � ,A . hl N . fes ; Q ; ap + "v `0 Y • � olll � N g I ? 31V13AV p fj 31juj5 >,w ill _ IT" I I -- ari- - -- • ' IIf w o .. I a �' addle ^QD I I ' ad in dam ot go ? Q 1 \ Of _ -' ri'I ' •iii 111x' t��ei ./'i'1 at sir oil III vi (� � ' M I in ( • . 1 ,.. L,I IT ad N j Noa IAT MI i ♦ J N Y r . . as _0 0 7 / / 1 , L • 11 —aa... ' 101. �. / 011 � • 011 ` � / : � � � 01 in 5 m s 1 w 3 coallLo (D1Q A// IIc N 0 1� •� VSII . n f / m � of t 3/ J o � d • �ro ♦'�' .>r � � / ^ lid avoij MV116hV11 V3V H1. 1 Ju — __ vonAv3 z10 �o U • J ' LO b � � C z a n • 2 �w J r' EXHIBIT # 10 • January 3 , 1990 The Town of Ithaca Zoning Board of Appeals We strongly oppose the variance request of Zetta Sprole as described in your December 26 , 1989 letter . We reside at 1027 Hanshaw Roads we are the immediate neighbors to the west of Ms . Sprole ' s property . My wife , three children and I moved into this residential neighborhood in the fall of 1983 and have enjoyed the neighborhood tremendously . We want to see the residential zoning stay in place with no spot variances being granted . In our opinion spot variances defeat the whole purpose of zoning . Respectfully submitted , Gary Turton Carol Turton EXHIBIT # 11 Karel Hula 1032 Ilanshaw Road Ithaca, New York 14850 To the Town of Ithaca Zoning board on appeals : We , undersigned Karel and Simone Husa , strongly oppose .the establish- went of a " Bed and Breakfast " known as " The Hound and Hare " in a single -family home at 1031 Hanshaw Road , Town of Ithaca . There are numerous reasons for the opposition to change the Ordinance in this Residantial District , the main two are the dimi - nution of value of properties around the said Parcel and the very . h certain future appeals by the other home owners in this residential . area , thus changing the original status and bringing even more depre - ciation to properties here . January 2 , 1990 ' Karel Husa Simone Husa EXHIBIT # 12 January 3 , 1990 To Zoning Board of Appeals Tovn of Ithaca From : Donald B . and Kitty Zilversmit Re Appeal of Zetta Ruff Sprole We the undersigned oppose granting a variance permitting the operation of a " Bed and Breakfast " facility knovn as the " Hound and Hare " , with a maximum of four lodgers to be located in a single - family home at 1031 Hanshav Road , Tovn of Ithaca . The objection is based on the fear that the operation of such a facility vill change the nature of the residential area by increasing local traffic and noise . Furthermore , the opening of such a facility may pave the vay for additional commercial ventures in an area which until nov has strictly maintained a single - family environment . nnSigned Donald B . Zilversmit • Kitty Zilve 1030 Hanshav Road Ithaca , N . Y . , 14850 EXHIBIT # 13 14. 164 (2187)— Text 12 PROJECT I.D. NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 — PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1 . APPLICANT /SPONSOR Zetta Ruff Sprole 2 ' o'{�iiTc AX Hare Bed & Breakfast 3. PROJECT LOCATION: _ Municipality Ithaca ( Town ) County Tompkins 4 . PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map) 1031 Hanshaw Road ( Map Attached ) 5 , IS PROPOSED ACTION: 91 New ❑ Expansion ❑ Modlflcationlalteratlon 6 . DESCRIBE PROJECT BRIEFLY: I wish to use two ( 2 ) bedrooms for a maximum of four ( 4 ) guests in my four ( 4 ) bedroom house as a bed and breakfast . . 7 . AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRIqTIONS? ❑ yes No If No, describe briefly Not permitted ; only two bboarders or lodgers permitted in R- 15 sone • fl . WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? M Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Park/Foreat/Open space ❑ Other Describe, 10 . DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (F.EDERAL, STATE OR LOCAL)? ❑ Yes [3No If yes, list agency(s) and permlt/approvals 11 . DOES ANY ASPECT OF THE ACTION. HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ❑ Yes MO If yes, list agency name and permlVapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applleanvalwaor name: Z e t t a Ruff S p ro l e Date: Signature: If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form 15619re proceeding with this assessment OVER 1 EXHIBIT # 14 PART II — ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 8 NYCRR, PART 817. 12? It yes, coordinate the review process and use the FULL EAF. ❑ Yes ❑ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 8 NYCRR, PART 817.8? If No, a negative -declaration may be superseded by another Involved agency. ❑ Yes ❑ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) C1 . Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly C4. A community's existing plans or goals as officially adopted, or a change'in use or intensity of use of land or other natural resources? Explain briefly CS. Growth, subsequent development, or related activities likely to be Induced by the proposed actlon? Explain briefly, Ce. Long term, short term, cumulative, or other effects not Identif led In C1 ,C5? Explain briefly. C7. Other Impacts (including changes In use of either quantity or type of energy)? Explain briefly. 0. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑ Yes ❑ No if Yes, explain briefly PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse affect 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 (I) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse ImpaotWhave been Identified and adequately addressed. ❑ Check this box if you have Identified one or more potentially large or significant adverse Impacts Which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration, ❑ Check this box 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: Name of Lead Agency Print or Type Name of Responsible icer in Lead Agency Title of Responsible a icer ignature of Responsible Off Ker in Lead Agency Signature of Preparer different from responsible officer) Date 2 EXHIBIT # 14 PART If - ENVIRONMENTAL ASSESSMENT PROJECT : Request for variance from Article IV , Section 11 of Town of Othaca Zoning Ordinance: 1031 Hanshav Road REVIEWER : George R. Frantz , Asst. Town Planner � - DATE : December 28 , 1989 A . Does Action exceed any TYPE 1 threshold in 6 NYCRR , PART 617 . 12 ? ye3mammmmommme No Action is UNLISTED_X._ B. Will Action receive coordinated reviev as provided for UNLISTED Actions in 6 NYCRR , PART 617 .6 ? Yes No...f► ==mmm Involved Agency( ies ) : Co Could Action result in any adverse effects associated with the following : C 1 . Existi ng ai r quality , surface or groundwater quality or quantity, noise levels , existi ng traffic patterns , solid waste production or disposal , potential for erosion, drainage or flooding problems ? Explain briefly: No significant adverse impacts anticipated. Proposed action is the grant of a variance from Article IV , Section 11 of the Town of Ithaca Zoning ordinance to allow the operation of a " bed and breakfast " with a maximum of four lodgers in an existing residential structure . No addition to the existing home is proposed . C2 .Aesth tic, agricultural , archaeological , historic , or other natural resources ; or community or neighborhood character ? Explain briefly: No significant adverse impacts anticipated. Existing character of surrounding neighborhood is residential . Proposed use will be is an existing residential structure on an one acre lot and set back from Hanshew Road approximately 110 feet'. Because of the nature of the proposed use, the relatively large site of the site , and the fact that no additions or alterations that would change the character of the existing structure or site are proms , no significant adverse impacts on neighborhood character are anticipated. C3.Vegetetion or fauna , fish, shellfish or wildlife species, significant habitats , or threatened or other natural resources? Explain briefly. Because the proposed use will be on an existing developed site , no significant adverse impacts are antici pated . C4.A community's existing plans or goals as officially adopted, or a chance; in use or i ntensity of use of land or other natural resources? Explain briefly : • No significant adverse impacts with regard to community cels and plans as officially adopted are anticipated as a result of grant of the requested variance. The subject parcel is located in a R - 15 Residence District . Within the R - 15 Residence District the Zoning Ordinance allows, EXHIBIT # 14 J among other uses , single - and two - family homes , specific public and institutional uses , agricultural uses , offices of a resident doctor , dentist , musician , engineer , teacher , lawyer , architect , artist or member of other recognized profession and quasi - profession , and customary home occupations operated solely by a resident of the dwelling and subject to restrictions outlined in Article IY , Section 11 . A bed and breakfast use of the scale of the one proposed appears to be similar in character and expected impact on the surrounding area as those uses listed above which are already allowed within the R - 15 Residence District . CS.Growth , subsequent development, or related activities likely to be induced by the proposed action ? Explain briefly: Given the small scale of the use for which the proposed variance is requested, no significant adverse impacts with respect to the above factors are anticipated . C6 . Long term , short term , cumulative , or other effects not identified i n C I -05 ? Explai n briefly: No significant adverse impacts anticipated. C7 . Other impacts (including changes in use of either quantity or type of energy ) ? Explain briefly: No significant adverse imus anticipated . D. Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? Yes Nom If Yes , explain briefly PART III - DETERMINATION OF SIGNIFICANCE Because of the relatively small scale and character of the activity for which a variance is requested , a negative determi nation of envi ronmental significance is recommended. George R . Frantz Asst . Town Planner EXHIBIT # 14 December 31 , 1989 Town of Ithaca 126 East Seneca Street Ithaca , NY 14850 Attention : Paul S . Hansen , Assistant Building Inspector/ Zoning Enforcement Officer Dear Mr . Hansen : I have read and understand the variance appeal , dated December 5 , 1989 , that Mr . and Mrs . Brown submitted to the Town of Ithaca describing the planned extension of their house at 1448 Trumansburg Road , Ithaca NY . I have no objection to the planned extension . • Sincerely , Robert G . Mower 1444 Trumansburg Road Ithaca , NY 14850 cc : D/S . Brown EXHIBIT # 15 .V A 4 C7 vIc _., i L***IyjAt .:ewe 46U,4 G /*d/X 04f,6 � .;t _.;6C6 .;oO . . Ooe� _. et� . Gam. i , &4"� xfu4d �Z&� Z47XA&n1 4 oZ� /OwAL �A j4UAW7c=m oop/ It11 i . i I I . EXHIBIT # 16 r a 1 ; A {0 T 1 r o � N C H W 4r s r CA o� A (04 QD It A EXHTBIT # 17 �0 SUPPLEMENT TO — TOWN OF ITHACA Request for Special Approval by BRUCE SHINDHELM ( 911 East Shore Drive ) This is a supplement to the annexed Application for Special Approval ( Sec . 77 ( 7 ) ) . This matter was heard on December 13 , 1989 , but was withdrawn because information as to the height of . the proposed garage inadvertently was omitted. We also are now providing an amended survey by T . G. Miller which corrects the October 30 , 1989 survey to show the garage will be 30 ' long and 24 ' deep . The height of the proposed garage will be 14 ' at the eaves and 18 ' at the peak . This height is necessary to allow clearance for the trucks that will be housed within . We need a 12 ' door ( one of our trucks is 11 11 " high ) and the Morton Co . , builder of the proposed garage , has advised that 14 ' eaves with 18 ' peak are required for snow load and structural strength . The garage is located against a hillside which slopes upward ( easterly ) until it becomes the Route 13 roadway . The embankment is approximately 22 ' above street level , so that it would still rise above the proposed garage . The entrance would be attractively landscaped : a large fir tree now standing in front of the proposed site would-be maintained and surrounded with landscape timbers and plantings . Some gravel would be placed to match that of the neighbor , Mr . Whiting , and the applicant.'-s property . The garage itself and the garage door would have windows , carriage-type lights on either side of the door and would coordinate in color and design with the garage of the neighbor to the north , Claire Whiting . There would be no bays , no external equipment or anything else that would detract from the residential appearance of the garage . The proposed garage would measure 30 ' wide , 24 ' deep and 18 ' high at its peak ; Mr . Whiting ' s garage , which stands adjacent , is approximately 20 ' wide , 21 ' deep and 16 ' high at its peak . The Chamber Building across Route 34 is considerably higher than 18 ' . Thus , our garage . would not be disproportionate to neighboring structures . ® The property is and will continue to be well -maintained and attractive , EXHIBIT # 18 DAVID B. GERSH - ATTORNEY AT LAW - ITHACA. NEW YORK - (607) 277-3300 with trees , flowers , lawn and shrubs . The appearance of the neighborhood would be dramatically enhanced by the removal of the present dilapidated wooden garage and the removal fran sight of passersby-of-the--two-trucks- -now -parked-near-the .-Route-34 _ highway .We sincerely believe all the standards needed for a Special Approval are met by the present Application , and respectfully ask that the Approval be granted . Bruce E . Shindhelm David B . Gersh , ent EXHIBIT # 18 DAVID B. GERSH - ATTORNEY AT LAW - ITHACA, NEW YORK - (607) 277-3300 TOMPKINS COUNTY CHAMBER GOF COMMERCE 904 EAST SHORE DRIVE ITHACA, NEW YORK 14850 • 607/273- 7080 December 28 , 1989 Mr . Bruce Shindhelm % Finger Lakes Wrecker 911 East Shore Drive Ithaca , NY 14850 - - Dear Bruce : - . - - - Please be advised that I have no objections . to your proposed garage being approximately two .- feet 6 inches taller than _ that of your neighbor . Your project - will add to ' the neighborhood and will blend into the landscape of the area . Sincerely , Herbert D . Brewer Executive Director HDB / mjd EXHIBIT # 19 � �P Clair Whiting 915 Fast Shore Drive Ithaca , NY 14850 Bruce ShincJhelm c/o Finger Lakes Wrecker 911 Fast Shore Drive Ithaca , NY 14350 Dear Bruce finis is to confirm in writing that I have no objections to your proposed garage being approximately two feet taller than mine , and appreciate you doing everythinP possible to see that the front walls of both garages are as much in line as possible . Sincerely , �J Com" Clair Whiting CW/ ejg EXHIBIT # 20 Claire Whiting ® 915 Fast Shore Dr Ithaca , NY 14850 December 12 , 1989 Bruce E Shindhelm Finger Lakes Wrecker Service 911 Fast Shore Drive Ithaca , NY 14850 Dear Bruce I wish to lend my support for your plans to replace the old dilapidated garage on your property with a new , larger one , to house two trucks . I have no objection to the garage being five feet from our property line , and feel the white and gray colors would blend in with the other structures in the neighborhood . In short , I feel the new garage would definitely be an improvement in that area . Sincerely , Claire Whiting CW/ejg EXHIBIT # 21 TOMPKINS COUNTY CHAMBER ® 904 EAST SHORE DRIVE • ITHACA, NEW YORK 14850 • 607/273 .7080 OF COMMERCE December 8 , 1989 Mr . Bruce Shindhelm Finger Lakes Wrecker Service 911 East Shore Drive Ithaca , NY 14850 Dear Bruce : I wish to inform you of our support for your plans to replace a garage on your site . The upgrading of facilities in the neighborhood is in the best interest of all neighbors . We greatly appreciate your commitment . to this project and look forward to its completion . Please feel free to use this letter as a statement of support , as you proceed to secure the necessary approvals . If I can be of further assistance , please give me a call . Sincerely , Herbert D . Brewer Executive Director HDB / mjd EXHIBIT # 22 , r TE µD 'rD µ GA.(UGA 9? • £ I% W U< •O ; < J 0 < V ' •A a0 / P O 16W 4 jJY > 03 Q J Z I ins $ cs N u r . r •0 F > V d f s ttl00^ U wr In Z - o ` � . E � z - m - o . o � z 2 c 000 r . 0 h Q so 4 7 w ~ s r ° / J rF a s . Q ; w (Q� 00 u Pwb ! , ZJF '^ ' 1 ? P w 0000 - - 0000 0000 } ily000000p Soil M QQ r� ; , � b8�.8, - W ai +.jeliy ONO Vii« 1 r O �\.yl ,.£k� � Lo ppp Fd4j � i � 0 . � ; J3 1010 O - :! tf 01 OAP w ti6" 0s . : ..1 0 . Q = 13 J _ 9 aaoeav3 rt,�. *-•t,0 ,a — Ma on w ; _ ® al •� �� ,' I�7� nY1 ,h ;�O '� 0L t7 1 {�. •f( O d r - �. Q� .�,s _ i441Y ',1y 4 t u. •ati. r fl• low, -w.r,.am.i.••wv..rdd"9+a1�t01 - •—�� e.: I . ,+i., ,_ : . , i, f. e '. r. u J ,• z 1, „ 1 t1 'J.dy ! 1 i 1 u. m r ; < � �, , s ,. e � Q ,, ., ul Z uo LU 14 1p O a , S 40 �. LL wi� d vA ,,• � F .LAG .. . tY p •1 Ali 3� o� ,X) A`' Z < 1 ` t.LF.r1..HS' Ky%WOOD 0 i�, tR. . .IDr fi. aw, 1•• r N1 V !� r . Q 7 k ap /e WLLI { C ,v ; Y < F- 1' n . u, oa .al Lel CL Oit4ill", CP Via, 40 q: tl • W y '� WCY 06 )OMOO C31 LA ppoiin z L O L. .Lo go, O so, 00um. 6 y v a, t v 's, W 06 4A F. N N -u .L-r• m :. F o• isiiu ,z ,o 'c w eo #A C4 r. � .c• (0 Nn 07 . � (1) 44. • Y r ' At03b3N SbY3ddY 3bO1YN91S 3soHr 0�--s I a's at 7 u N IJOA3AWS ONYI 03SN3) ll 3H1 A lY3S z �" 0 '� '� u A NOISS3bdr1 3NI bY39 S3ldO) HO dYN O t 01YS It AlNO 103b3H1 S31dO) OMI u :5 NJ N � � dMf SIHI l OI1YA MV Y.03b3H C SNOIIVJIll1b3] 11V - MVI A9 031101NObd 3bY ' ntll 40 ;IY3003 "" 1:411? ++ du 1*, Nd 31Y1S ' A ' 1Vi's � W1 ' 902[ NOil)3S O1 9NIHbOINOJ y EXHIBIT # 23 'ON dYN St" SNOILM11Y ubutuiTm ..,' �n ms's y i . _ . tC All a, f N � AYu ' j PI psi 1 v dl r Q " 1+L d <�- 1 cy ` o 41 r oi a wl J 9 �O b� 'Oty1 � 39V llln 3mavw "rwol'Y .. 4 n. ,p cc All Myo f ,S ' OZI M rQ£ •b9 Sy_ = W ,;ice o � �c4 i s ' AA, moo. � s LO 10 } N OL 9 iaoaav��-dr1top , •M 3 . to v mt my to d � { • a � S Z.% dI o- . r 0/ W _w . ' .4 A j 4 :•?Ar ....�. aii!' r_al.:>r: d. - •' .• -�. . ..i:. :.+v. .J .cZ.: .� n..�«. .a r c0 _ a.tyL : yP wo Irk W IlIls p o o m N Am, a . rob9 S;EC '.Ve N - � I . ., = o LL r s�3way.L - , S LIJ p Ws _ N -Ap u 1 3 a of AllJ All oV ^ , i J �3 0`41 v o F a Z < d In 0 { d �/ H W V 1 Z K o } n o'` p % 3 r 3 ° W o % o A � L �, ry 0,jf I 3 i a ? o = ok ° F 3 of d) �' r ( r,4.0 Z COW") n3 W r nlao?iWin Onmb3l - � OA Y d 1r OI u ` p o ,-5 . 14 7 W 3 ,21 ,Z8 N ti _ O N % a O ID as J r • 1,7 �' 6 d " j Z W L~ 3 Q o 7 d I 3 0 0 V y a Z , � 3 ] b Y r 0 a 7 W uL fdD3b3N Sbv3dev 3an1 ; 61 n b0A711bIK OHY7 03SN3311 �. Q r0ISS3bdMt 3N1 bV38 S3 : OWS Jr A1NO iO3b3M1 dVW SIHI b0i (111VA S80IlYJli11b3] l'. 031(OlHpbd 3UV ' ITII JOIS ' A ' H ' Z t: '6021 4011)3S O1 - ` EXHIBIT # 23 1r ..� idm1 sn�s Iz r • r i` ILI 1 ### ######## TOMPKINS COUNTY DEPARTMENT OF PLANNING #### ####### #### ####### Harry Missirian Acting Commissioner of Planning ### ######### December 6 , 1989 To : Andrew Frost , Town of Ithaca Zoning Officer From : Harry Missirian , Acting Commissioner of Planning Re : Zoning Review Pursuant to Section 239- and -m of the New York State General Municipal Law . Proposed discretionary action : Special Approval application of Bruce Shindhelm at 911 East Shore Drive ( state highway ) Tax Map No . 18- 1 -8 This memorandum acknowledges your referral of the proposal identified above for review and comment by the County Planning Department , ZONING REVIEW , pursuant to NY General Municipal Law , Section 239- 1 and -m . ® The .proposal , as submitted , will have no significant deleterious impact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . However , we caution you to consult your municipal attorney before proceeding with this action . Although the statement we received of this proposed action does not say what zoning district the lot - is in , we presume it is in the R- 15 district . Our copy of your zoning ordinance does not indicate that the Board of Appeals has been given authority to carry out this action . Additional comments not part of the 239-1 & -m review . . It would be appropriate to consider the permit for construction of the replacement garage separate from any permit to use the garage for commercial purposes . Replacing a dilapidated garage with a larger building is a small . matter . Granting approval for use of facility for commercial purposes in a residential district is considerably more significant . copy : file EX Biggs Center , Building A , 301 Dates Drive , Ithaca , New York 14850 ( 607 ) 274- 5360 EXHIBIT # 24 AFFIDAVIT OF PUBLICATION TOWN OF ITHACA ZONING . BOARD OF APPEALS, NOTICE OF PUBLC HEARINGS ;- ® WEDNESDAY, JANUARY .3,_ 90, 19 7:00 P. M. B direction of the Chairman 1 of the Zoning Board of Ap- ' peals NOTICE IS HEREBY 134 It 11A.:d ITHACAJOURNAL GIVEN that Public Hearings ' will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, Jan- uary 3, 1990, in Town Hall , , 126 Stre (FIRST State of New York , Tompkins County , ss . : Floor, REAReca Entrra Entrance, WEST,. /� Side ), Ithaca, N. Y. , COM i;l� Sullins AT 7:00 P. M. , on <Y ' being duly sworn , deposes and the following matters. APPEAL of Zetto Ruff_ Sprolet A says , that she/he resides in Ithaca , county and state aforesaid and that Appellant, requesting . varix," once of the requirements of . Clerk Article IV, Section 11 , of the she/he is Town of Ithaca Zoning Ordi nonce, to permit the operation of The Ithaca Journal a public newspaper printed and published in of a "Bed and Breakfast'-; known as "The Hound and Ithaca aforesaid , and that a notice , of which the annexed is a true Hare", with a maximum of . four' lodgers, to be located in copy , was published in said paper a single-family home at 1031Hanshow Rood, Town of Itha- ca Tax Parcel No. 6-71 -7-5, Residence District R- 15. _ Said ; e br ICY r 4Ordinance permits a single' family home to be occupied by a tomily plus no more than' one boarder.. roomer. lodg@L building setback of 12. 7 plus- /minus feet. Current zoning regulations require a side ' . yard setback of 40 feet. and that the first publication of said notice was on the a A APPEAL of Bruce E. Shindhelm,- Appellant, David B. Gersh, da of Esq. , Agent, requesting autho- y 1 9 riof zation the Zoning Art cleXII, J Section 54, of the Town of j p Ithaca Zoning Ordinance, for Cthe extension of a non-con- forming building/lot located I at 911 East Shore Drive, Town of Ithaca Tax Parcel No. 6- 18- 1 -8, Residence District R- 15. �. Subsc ' ed and sworn to before me , this da y said extension proposes the I replacement of on existing . Of( 19 22. 5 foot by 17. 5 foot garage, located 2. 2 plus/minus feet from the west side yard lot line, with a new garage, 18 Meet high by 30 feet wide by 24 feet deep, to be located partially within the footprint Notary Public . of the existing garage and 51 plus/minus feet from the west side yard lot line. Said lot' is an JEAN FORD irregular-shaped lot, there fore, under current zoning ' Notary Public State of i\!e,v Yore seregulations a 20-foot side yard tback is required. In addi- No. 46544 ; 0 tion, under current zoning r. regulations, the maximum , Qualltled in Tompkins CCUnty height permitted for accessory ' �C ^ - „7 � eYI ) / buildings is 15 feet. . . ires � � Said Zoning Board of Appeals May will at said time, 7:00p. m . , and said place, hear all per- sons in support of such matters or objections thereto. Persons may appear by agent or in person. Andrew S. Frost Building Inspector/ Zoning Enforcement Officer j Town of Ithaca 273- 1747 December 29, 1989