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Home My WebLink AboutZBA Minutes 1992-08-12 FILED TOWN OF ITHACA TOWN OF ITHACA Dat ZONING BOARD OF APPEALS Cie o AUGUST 12 , 1992 THE FOLLOWING MATTERS WERE HEARD ON AUGUST 12 , 1992 BY THE BOARD : APPEAL OF ANTHONY F . PARISE , APPELLANT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO ENLARGE A NON - CONFORMING BUILDING LOCATED AT 11 LISA LANE , TOWN OF ITHACA TAX PARCEL N0 , 71 - 1 - 9 . 9 , RESIDENCE DISTRICT R - 15 . THE ENLARGEMENT CONSISTS OF THE ADDITION OF 575 ( + OR - ) SQUARE FEET OF NEW LIVING SPACE TO THE REAR OF AN EXISTING TWO - FAMILY HOME WITH A BUILDING HEIGHT OF 30 FEET 6 INCHES ( 30 FEET MAXIMUM BUILDING HEIGHT ALLOWED ) . GRANTED . APPEAL OF MARIE SMITH , APPELLANT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO ENLARGE AN EXISTING SINGLE FAMILY HOME ON A NON - CONFORMING LOT LOCATED AT 1350 SLATERVILLE ROAD , TOWN OF ITHACA TAX PARCEL NO , 60 - 1 - 30 , RESIDENCE DISTRICT R - 15 . SAID LOT IS NON - CONFORMING IN THAT IT HAS A LOT WIDTH OF 79 FEET AT THE MAXIMUM FRONT YARD BUILDING SETBACK , WHEREAS 100 FEET IS REQUIRED . GRANTED . • APPEAL OF CORNELL UNIVERSITY , APPELLANT , JOHN MURRAY , AGENT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF SECTION 5 . 01 - 1 AND SECTION 11 . 02 OF THE TOWN OF ITHACA SIGN LAW TO MAINTAIN WALL SIGNS ON BUILDING STOREFRONTS IN EXCESS OF THE PERMITTED SIGN AREAS AT THE EAST HILL PLAZA , JUDD FALLS ROAD , TOWN OF ITHACA TAX PARCEL NO , 62 - 2 - 1 . 121 , BUSINESS DISTRICT C . STOREFRONT # 2 PROPOSED SIGN AREA IS 13 . 29 SQUARE FEET TOO LARGE ; STOREFRONT # 4 IS 12 . 67 SQUARE FEET TOO LARGE ; STOREFRONT # 5A IS 11 . 25 SQUARE FEET TOO LARGE ; STOREFRONT # 5B IS 16 . 34 SQUARE FEET TOO LARGE ; STOREFRONT # 6 IS 18 . 84 SQUARE FEET TOO LARGE , AND STOREFRONT # 7 IS 8 . 84 SQUARE FEET TOO LARGE , GRANTED , APPEAL OF HUNNA JOHNS , APPELLANT , PETER NEWELL , ARCHITECT , AGENT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO CONSTRUCT A 4 - CAR GARAGE ON A NON - CONFORMING PROPERTY LOCATED AT 138 HONNESS LANE , TOWN OF ITHACA TAX PARCEL NO . 60 - 1 - 17 , RESIDENCE DISTRICT R - 15 . SAID PROPERTY IS NON - CONFORMING IN THAT IT CONTAINS A 4 - FAMILY RESIDENTIAL BUILDING , WHEREAS ONLY ONE - AND TWO - FAMILY DWELLINGS ARE PERMITTED . GRANTED WITH CONDITIONS . FILED TOWN OF 1THACA Date' -! Town of Ithaca Clerk 1 Zoning Board of Appeals August 12 , 1992 TOWN OF ITHACA ZONING BOARD OF APPEALS AUGUST 12 , 1992 PRESENT : Chairman Edward Austen , Edward King , Pete Scala , Robert Hines , Town Attorney John Barney , Zoning Enforcement Officer / Building Inspector Andrew Frost . ABSENT : Joan Reuning . OTHERS : Tony Parise , John Murray , B . Campbell Anderson , Marie Smith , Robert Boehlecke . Chairman Austen opened the meeting and stated that all posting , publication and notification of the public hearings were completed and the same were in order . The first Appeal to be heard by the Board was the following : APPEAL OF ANTHONY F . PARISE , APPELLANT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO ENLARGE A NON - CONFORMING BUILDING LOCATED AT 11 LISA LANE , TOWN OF ITHACA TAX PARCEL NO . 71 - 1 - 9 . 9 , RESIDENCE DISTRICT R - 15 . THE ENLARGEMENT CONSISTS OF THE ADDITION OF 575 ( + OR - } SQUARE FEET OF NEW LIVING SPACE TO THE REAR OF AN EXISTING TWO - FAMILY HOME WITH A BUILDING HEIGHT OF 30 FEET 6 INCHES ( 30 FEET MAXIMUM BUILDING HEIGHT ALLOWED ) , Mr . Parise appeared before the Board and explained that the addition will be raised on posts and will replace an existing raised deck over an existing level gravel / paving stone patio . He stated that it will require minimal excavation in the existing patio area for new posts . Mr . Parise stated that the existing deck extends from the back of the house 10 feet ' , the new structure will extend from the back of the house 14 feet . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Environmental Assessment MOTION By Mr . Edward King , seconded by Mr . Pete Scala : RESOLVED , that the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative determination of environmental significance to enlarge a non - conforming building located at it Lisa Lane , Tax Parcel No . 71 - 1 - 9 . 9 , as requested Mr . Anthony F . Parise , based upon the recommendation of Planner Richard A . Eiken . Town of Ithaca 2 ® Zoning Board of Appeals August 12 , 1992 A vote on the Motion resulted as follows : Ayes - King , Scala , Austen , Hines . Nays - None . The Motion carried unanimously . MOTION By Mr . Edward King , seconded by Mr . Scala : RESOLVED , that the Town of Ithaca Zoning Board of Appeals approve the proposed addition at 11 Lisa Lane , Tax Parcel No . 71 - 1 - 9 . 9 , based on the following findings : 1 . that the only reason that the case is before the Board is because the building is non - conforming in its height but only by 6 inches . 2w that if not for the non - conformity the building permit would have been issued as requested , as no yard requirements are violated by the proposed addition .. • 3a that the proposal appears to be in conformity with Section 77 , Subdivision 7 of the Zoning Ordinance . A vote on the Motion resulted as follows : Ayes - King , Scala , Austen , Hines . Nays - None . The Motion carried unanimously . The next Appeal to be heard by the Board was the following : APPEAL OF MARIE SMITH , APPELLANT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO ENLARGE AN EXISTING SINGLE FAMILY HOME ON A NON - CONFORMING LOT LOCATED AT 1350 SLATERVILLE ROAD , TOWN OF ITHACA TAX PARCEL NO , 60 - 1 - 30 , RESIDENCE DISTRICT R - 15 . SAID LOT IS NON - CONFORMING IN THAT IT HAS A LOT WIDTH OF 79 FEET AT THE MAXIMUM FRONT YARD BUILDING SETBACK , WHEREAS 100 FEET IS REQUIRED . Mr . Robert Boehlecke , Architect , representing Mrs . Smith , spoke to the Board regarding the proposed addition to alter the kitchen and add a 5 ' x 11 ' bay window extension . . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the .public hearing . Town of Ithaca 3 Zoning Board of Appeals August 12 , 1992 Environmental Assessment MOTION By Mr . Edward King , seconded by Mr . Pete Scala : RESOLVED , that the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative determination of environmental significance in regard to the request of Mrs . Marie Smith to enlarge an existing single family home on a non - conforming lot located at 1350 Slaterville Road , Tax Parcel No . 60 - 1 - 30 , based upon the review and recommendations of Planner Richard A . Eiken . A vote on the Motion resulted as follows : Ayes - King , Scala , Austen , Hines . Nays - None . The Motion carried unanimously . MOTION By Mr . Edward King , seconded by Mr . Robert Hines : RESOLVED , that the Town of Ithaca Zoning Board of Appeals approve and hereby does approve the enlargement of the kitchen at 1350 Slaterville Road , Tax Parcel No . 60 - 1 - 30 , particularly approving the addition of a bay window extension which will project approximately 5 feet into the southeast yard and will be 11 feet long as proposed , with the following findings : 1s that the reason the property is non - conforming is concerned only with the width of the lot and the maximum setback line being 79 feet instead of 100 feet but that the proposal .in no way affects that non - conformity . 2s that the proposed addition complies with all the zoning requirements as to lot size , yard setback , square footage coverage and so forth . 3 * that the proposal applies in all respects to the requirements of Section 77 , Paragraph 7 of the Zoning Ordinance . A vote on the Motion resulted as follows : Ayes - King , Austen , Hines , Scala . Nays - None . The Motion carried unanimously . Town of Ithaca 4 • Zoning Board of Appeals August 12 , 1992 The next Appeal to be heard by the Board was the following : APPEAL OF CORNELL UNIVERSITY , APPELLANT , JOHN MURRAY , AGENT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF SECTION 5 . 01 - 1 AND SECTION 11 . 02 OF THE TOWN OF ITHACA SIGN LAW TO MAINTAIN WALL SIGNS ON BUILDING STOREFRONTS IN EXCESS OF THE PERMITTED SIGN AREAS AT THE EAST HILL PLAZA , JUDD FALLS ROAD , TOWN OF ITHACA TAX PARCEL NO . 62 - 2 - 1 . 121 , BUSINESS DISTRICT C . STOREFRONT # 2 PROPOSED SIGN AREA IS 13 . 29 SQUARE FEET TOO LARGE ; STOREFRONT # 4 IS 12 . 67 SQUARE FEET TOO LARGE ; STOREFRONT # 5A IS 11 . 25 SQUARE FEET TOO LARGE ; STOREFRONT # 5B IS 16 . 34 SQUARE FEET TOO LARGE ; STOREFRONT # 6 IS 18 . 84 SQUARE FEET TOO LARGE , AND STOREFRONT # 7 IS 8 . 84 SQUARE FEET TOO LARGE . Mr . John Murray appeared in front of the Board . He stated that the sign boxes are clearly indicated on the construction drawings , which are approved by the Town . The boxes are an integral part of the construction and overall design . If removed , they leave a " hole " in the building facade , both physically and aesthetically . He presented a video to the Board showing what the signage looks like at nighttime . Further discussion followed with • Mr . Murray answering questions from Board members . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Environmental Assessment MOTION By Mr . Edward King , seconded by Mr . Robert Hines : RESOLVED , that the Town of Ithaca Zoning Board of Appeals makes and hereby does make a negative determination of environmental significance to maintain wall signs on building storefronts in excess of the permitted sign areas at the East Hill Plaza on Judd Falls Road , Tax Parcel No . 62 - 2 - 1 . 121 , as recommended by Planner Richard A . Eiken on July 29 , 1992 . A vote on the Motion resulted as follows : Ayes - Austen , Hines , Scala , King . Nays - None . The Motion carried unanimously . MOTION • By Mr . Edward King , seconded by Mr . Pete Scala : Town of Ithaca 5 Zoning Board of Appeals August 12 , 1992 RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance as requested by Cornell University for the 6 business identification signs , at East Hill Plaza , namely on stores which have been identified as # 2 , # 4 , # 5A , # 5B , # 6 , and # 7 , AND BE IT FURTHER RESOLVED , that the variance is being granted on the fact that the signs are homogeneous in character and unite the shopping plaza but they do not immediately front on any roadway and therefore they propose no hazard to traffic , AND BE IT FURTHER RESOLVED , that the Planning Board has unanimously recommended the variances and therefore the Board should grant the variance under Section 8 . 05 - 3 . Town Attorney Barney suggested that the Board should adopt a finding to the effect that the . construction which was approved by the Planning Board creates areas which under our definition have to be included in defining signs under the action graphics , the size , the facade , to fall within the area permitted by our Ordinance . The Board accepted Town Attorney Barney ' s finding and it was incorporated into the resolution . A vote on the Motion , with Finding , resulted as follows : Ayes - King , Scala , Austen , Hines . Nays - None . The Motion carried unanimously The final Appeal to be heard by the Board was the following : APPEAL OF HUNNA JOHNS , APPELLANT , PETER NEWELL , ARCHITECT , AGENT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO CONSTRUCT A 4 - CAR GARAGE ON A NON - CONFORMING PROPERTY LOCATED AT 138 HONNESS LANE , TOWN OF ITHACA TAX PARCEL N0 , 60 - 1 - 17 , RESIDENCE DISTRICT R - 15 , SAID PROPERTY IS NON - CONFORMING IN THAT IT CONTAINS A 4 - FAMILY RESIDENTIAL BUILDING , WHEREAS ONLY ONE - AND TWO - FAMILY DWELLINGS ARE PERMITTED . Mr . Peter Newell , Architect , explained that Chuck Johns , son of Hunna lives at the property . The garage would be for his use not commercial - on the rear end of the lot , like many of the neighbors . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen read several letters into the record from neighbors approving of the proposed garage . The letters are attached hereto as Exhibits # 1 - # 9 . Town of Ithaca 6 • Zoning Board of Appeals August 12 , 1992 Mr . Newell stated that the garage will be in harmony with this neighborhood and will in fact remove unsightly automobiles from the lot by keeping them under cover . Essentially this will be an improvement to the property and therefore , the neighborhood . Environmental Assessment MOTION By Mr . Robert Hines , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative determination of environmental significance in regard to the request of Hunna Johns to build a 4 - car garage on a non - conforming property at 138 Honness Lane , Tax Parcel No . 60 - 1 - 17 , upon the recommendation of Planner Richard A . Eiken of August 3 , 1992 . A vote on the Motion resulted as follows : Ayes - King , Hines , Austen , Scala . Nays - None . • The Motion carried unanimously . MOTION By Mr . Robert Hines , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant Special Approval to the applicant for the addition of a 4 - car garage on a non - conforming property at 138 Honness Lane , Tax Parcel No . 60 - 1 - 17 , as described in the plans submitted with the application , with the following findings and conditions : 1 , that letters were received from 9 neighbors stating their approval to the proposed garage . 2 * that the situation on Honness Lane in regard to the non - conforming use has been before the Board in the past and the use of a 4 - car garage would be more convenient to the persons living there . 3e that the proposal meets the requirements of Section 77 , Paragraph 7 of the Zoning Ordinance . 4a that the utilization of the proposed garage be limited to • use by those persons living in the building at 138 Honness Lane . Town of Ithaca 7 • Zoning Board of Appeals August 12 , 1992 5 . that there be no commercial or other occupancy of that garage except possibly rental to tenants living at the Honness Lane property . 6a that the structure is not to have plumbing facilities , water facilities or fixtures of any nature . A vote on the Motion resulted as follows : Ayes - Hines , King , Austen , Scala . Nays - None . The Motion carried unanimously . ADJOURNMENT Upon Motion , the meeting was adjourned . Connie J . Holcomb • Recording Secretary APPROVED : eea�Cl Edward King , Chairman • • EXHIBIT X11 • lb ON Ttf-OC� L 10 E f�c /�655 s �2e2l�T � 137 r N N SSS to h e . C� )/P N • EXHIBIT 462 • 40 qov '41 r � • • EXHIBIT #3 4-4 • i EXHIBIT #4 7'o L4J # o 1 TIa4 Cyd Z , G' Ys p 4.4. T�cW &_6y, /4y4 j/E� nod 6E7c:n acv 7 7 � U 7riNG 13 / 4Nl✓� c, ' EXHIBIT # 5 • EXHIBIT # 6 - Z3 O • EXHIBIT # 7 • 14 G t3- 44CC o1\ /Dal 3/ z EXHIBIT #8 CJ EXHIBIT # 9