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HomeMy WebLinkAboutZBA Minutes 1995-08-09 . , . Ir IVNIJ TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , AUGUST 9 , 1995 7 . 00 P . M . By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday , August 9 , 1995 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR Entrance , WEST Side ) , Ithaca , N . Y . , COMMENCING AT 7 : 00 P . M . , on the following matters : APPEAL of Sam Peter , DBA Sam Peter Furniture , TV and Appliances , Appellant , requesting variances from the requirements of Article VII , Section 37 of the Town of Ithaca Zoning Ordinance to be permitted to construct a new 18 ' x 90 ' storage area that will be 15+ ' from the north side property line ( 30 ' building setback required ) and will result in a building coverage of 43+0 of the land ( 30o maximum lot coverage allowed ) at 1083 Danby Road , Town of Ithaca Tax Parcel No . 43- 1 - 5 , Business District C . Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all persons in support of such matters or objections thereto . Persons may appear by agent or in aerson . Individuals with visual or hearing impairments or other special needs , as ppropriate , will be provided with assistance , as necessary , upon request . Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing . Andrew S . Frost Building Inspector/ Zoning Enforcement Officer 273 - 1783 Dated : August 2 , 1995 Publish : August 4 , 1995 Is ' TOWN OF ITHACA FILED FINAL ZONING BOARD OF APPEALS TOWN OF ITHACA AUGUST 9 . 1995 Date. Clerkly • The following appeal was heard by the Board on August 10 , 1995 ° APPEAL of Sam Peter , DBA Sam Peter Furniture , TV and Appliances , Appellant , requesting variances from the requirements of Article VII , Section 37 of the Town of Ithaca Zoning Ordinance to be permitted to construct a new 18 ' x 90 ' storage area that will be 15± ' from the north side property line ( 30 ' building setback required ) and will result in a building coverage of 43+% of the land ( 30o maximum lot coverage allowed ) at 1083 Danby Road , Toc-m of Ithaca Tax Parcel No . 43- 1 - 5 , Business District C . GRANTED WITH CONDITIONS . • • FILED 1 TOWN OF ITHACA TOWN OF ITHACA ZONING BOARD OF APPEALS Date \ 0 I a ,q • AUGUST 9 , 1995 ClerkDac • PItESE:vTo Chairman. Edward Austen , Harry Ellsworth , Edward King , Pete Scala , David Stotz , Assistant Building Inspector/ Zoning Enforcement Officer Patricia Keller , To�-rn Attorney John C . Barney , Town Planner Jonathan Kanter . OTHERS : Mr . and Mrs . Sam Pater . Chairman Austen called the meeting to order at 7x10 PM , stating that all posting , publication , and notification of the public hearings had been completed and the same were in order . The appeal to be heard by the Board was as follows ° APPEAL of Sam Peter, DBP, Sam Peter Furniture , TV and Appliances , Appellant , requesting variances from the requirements of Article VII , Section 37 of the Town of Ithaca Zoning Ordinance to be permitted to construct a new 18 ' x 90 ' storage area that will be 15+ ' from the north side property line ( 30 ' building setback required ) and will result in a building coverage of 43+% of the land ( 30% maximum lot coverage allowed ) at 1083 Danby Road , Town of Ithaca Tax Parcel No . 43-1- 5 , Business District c . Chairman Austen invited Mr . Sam Peter to explain why he needs this addition . Mr . Peter stated that he is in a very unique position as his lot is surrounded by roads . Any part of the property which he refers to is considered road frontage . He • noted that the Planning Board had some objection to the fact that Mr . Peter did not have adequate parking . He added that the Board could readily see there is more than adequate parking . There are more than 40 parking areas , with room to extend to another 20 or 30 if necessary . There has never been a time when they have had a parking problem . First of all , they are not a high--traffic store . If there are five cars at one time there , they are ecstatic because that means business is good . One of their neighbors sent an unsolicited letter supporting that fact . She parks there also if there is ample parking . Three or four people park their cars there in order to take the bus to Cornell . This , obviously , shows that they are not strapped for parking space . Mr . Peter continued with the reason they need the addition is simply because they do not have enough space to warehouse their equipment . Many times they get a shipment in and have to move things into the aisles and then move them again in order :o get something out . The addition will make it easier for them . Plus , it means they will be able to buy in larger quantities . In no way is it going to increase the flow of traffic . It will simply make it easier for them to operate . Also , from time to time , they have had some used mattresses that they put outside . They try to keep the area clean and , in general , do an excellent job . With this new warehouse facility , it will alleviate that problem . They absolutely , definitely need this warehouse space . Mr . Peter explained they have a unique location as well as a unique business . They have four employees who have all been there for 15 years or more . They are fantastic help and Mr . Peter has been asked several times why he does not retire . Why should he retire ? He makes good employment for four people . He ' s not there except for four or five months out of the year . The rest of the time he ' s in Florida . He can ' t see any • reason why anyone would object to this _ � not the Town Board , nor the neighbors , nor anyone else . The only neighbor that he has any contact with sent a letter of support . If the Board would like to see the letter , Mr . Peter would be glad to drop off a copy to them . Fie does not , however , believe that is necessary . Mr . Peter then invited the Board to ask any questions . Town of Ithaca 2 Zoning Board of Appeals August 9 , 1995 Mr . King asked how many tax parcels does the store operation occupy . Mr . Peter • answered that it is all under one number . Mr . Scala referred to items he saw outside of the store yesterday . Mr . Peter said this is a particularly busy time for the store . There were some mattresses already there and then a truck brought some more inventory . The truck was unloaded outside and then the items were worked back into the warehouse . They have more furniture than they have room for . They desperately need the additional warehouse space . They are not trying to expand , only to operate more efficiently . Mr . Scala asked if the building is a Morton Building . Mr . Peter replied that it is . He continued by saying that , initially , he had planned to put a freestanding building between the existing two buildings . They ran into a snag due to the fact that the water and sewer lines ran in back of the store . Mr . King asked Mr . Peter if he is , in fact , now asking to build on the east side of the one- story building , the addition being 18 ' wide by 90 ' deep . Mr . Peter said yes . Mr . King noted that the survey shows a 4 " drain installed directly under where Mr . Peter would like to build . Mr . Peter stated that it would be a catch basin . It will drain to the north and will contain two drain pipes , even though one would be sufficient . One will be perforated , one will be solid . Mr . King then asked if it is a proposed drain that will be put in as they put up the building . Mr . Peter stated that it will be put in before the building is put up . Mr . Stotz asked if the wood fence is already there . Mr . Peter replied that it is there and will be torn down . They plan to bulldoze all around the middle warehouse . At • this point , there was some discussion by various Board members , referring to the map before them . Chairman Austen asked what happens to the ramp that is there now . Mr . Peter stated that it will come out . Mr . King asked if the ramp is made of wood . Mr . Peter answered affirmatively . Chairman Austen then asked if they would put in another ramp . Again , Mr . Peter answered affirmatively . It will go on the south side . The ramp , and its location , was then pointed out to each Board member on the drawing . Chairman Austen asked if it is actually a ramp or stairs . Mr . Peter replied that it will be stairs part of the way and then a ramp the rest of the way . Mr . Kanter stated that those plans were presented to the Planning Board . Mr . King asked if that is one of the conditions the Planning Board imposed . Mr . Kanter stated that the Planning Board granted preliminary and final site plan approval and there were some conditions . He believes the Board now has before them the Planning Board resolutions . He noted that the approval included the catch basin and the drainage . JoAnn Cornish felt that it would be appropriate to add some planters on the south side of the building , as there is presently no landscaping at all . No soil would have to be brought in , just the planters installed . Also , on the revised site plan , the parking areas are shown . Mr . King asked where the actual parking areas would be . Mr . Kanter answered that they would , basically , be on all three sides of the building - - south , west and north . Mr . Scala asked if there is room for trucks coming and going to pull over . Mr . Kanter stated that they did a parking analysis for the Planning Board meeting . For retail uses in the business districts , there is a requirement of one parking space per • 200 square feet of retail area . For the size of the currently planned development , that would result in needing about 27 parking spaces . It ' s clear that there are at least that many . The numbers that are actually shown on the site plan cannot be verified because they are not all striped spaces . However , there is definitely sufficient room for at least 27 . Town of Ithaca 3 Zoning Board of Appeals August 9 , 1995 Mr . King pointed out that , on the site plan , they are showing 20 parking spaces on • the north side , 10 on the south side , and 12 on the west side . Mr . Peter stated that the 12 on the south side are striped and have bumpers . He reiterated that there is enough parking and that some people park their cars there in order to take the bus to Cornell . He added that there ' s room for at least 20 spaces on the north side . Mr . Ellsworth asked if the space between the buildings would be used for storage at all . Mr . Peter answered no . Chairman Austen opened up the public hearing . With no one present to speak , the public hearing was closed . ENVIRONMENTAL ASSESSMENT Mr . Kanter stated that JoAnn Cornish , Planner II , reviewed the environmental assessment form . He read part C2 . MOTION By Mr . Pete Scala , seconded by Mr . Harry Ellsworth . RESOLVED , that the Board make a negative determination of environmental significance for the 1083 Danby Road property , owned by Mr . Sam Peter . This determination is based upon the information in the Planning Staff ' s report , prepared by JoAnn Cornish . • Chairman Austen asked for a vote on the motion , which resulted as follows : AYES - Austen , Ellsworth , King , Scala , Stotz . NAYS - None . The motion was carried unanimously . Chairman Austen read a letter from the Tompkins County Department of Planning . Chairman Austen noted the distance on the north side is shy by about 15 ' . Also , the building will be over on the percentage of land coverage . Mr . Peter noted that the existing building does not meet the proper percentage . Chairman Austen agreed with that and also noted that they still need a variance . Attorney Barney asked Mr . Peter to clarify what he had said , Mr , 'Peter stated that the existing building does not meet the setback requirement . However , the proposed addition does . M.. . Ellsworth asked if that is referring to the west side . Mr . Peter replied yes , it ' s 15 ' back . Mr . King asked what it is 15 ' back from . Mr . Peter said it is 15 ' back from the existing building . Mr . King asked from what highway . Mr . Peter answered that it ' s from King School House Road . Attorney Barney noted that the variance is needed for the north side because they are too close to the road . Mr . Scala asked if it is going to be in line with the existing buildings . Mr . Peter said yes . • Town of Ithaca 4 Zoning Board of Appeals August 9 , 1995 Mr . Stotz stated that he had a couple of questions . The existing retail space currently has a door in the back . Will that now exit into the proposed addition? Mr . Peter answered that it will still exit to the outside . Mr . Stotz noted that on the plan it shows it going into the stock room . There was some discussion over the plans at this point , with Mr . Peter pointing out the exits , etc . Mr . Stotz then noted that his understanding is that most furniture stores keep their stock on the floor . Mr . Peter asked him if he meant the inventory . Mr . Stotz replied yes . Mr . Peter stated that sometimes they do and sometimes the customer will not accept the piece of furniture on the floor . For fast-moving items they have to keep more in stock . Mr . Stotz asked if they would store the extra in the warehouse . Mr . Peter said yes . Mr . Stotz then asked if a customer would ever go into the warehouse in order to browse . Mr . Peter replied no . He then referred to a door shown in the plans that would never be used by customers . Chairman Austen asked if the loading door is on the south side . Mr . Peter stated that was correct . Chairman Austen asked if the door is an all - steel door . Mr . Peter informed him that there is some wood in the door , but there will be a fire wall between the two buildings . Mr . Scala noted that Mr . Frost was not present , but he wondered if the inspector requires signed plans to be filed . Mr . Peter said he does . Chairman Austen asked for a motion on the appeal . MOTION • By Mr . Edward King , seconded by Mr . Pete Scala . RESOLVED , that the Board grant a variance to the applicant , Mr . Sam Peter , for the construction on his proposed one- story storage use addition to the east side of his store building , located at 1083 Danby Road , Tax Parcel No . 43- 1 - 5 . The variance permitting the north side of the building to be set back only 14 ' or 15 ' from the south right- of-way line of King Road , whereas a 30 ' setback is usually required . At the same time , the Board grants permission to construct an 18 ' X 90 ' addition for storage , even trough the total building area will then occupy approximately 43 percent of the lot area , whereas the usual coverage is 30 percent maximum , with the following findings : 1 ) That this property is rather unique in being surrounded on four sides by highway . 2 ) It appears that the existing store building is also similarly deficient in that particular setback , but the building has existed in that location for many years . It also appears that the highway was probably widened there . 3 ) It would be an unnecessary hardship to require the applicant to place the building 30 ' back from that south right- of-way line and it would not benefit the public in any way because the other two buildings are within the 14 ' or 15 ' setback . • 4 ) Again , it would be an unnecessary hardship to the applicant not to be able to utilize this space which cannot be readily utilized for any other purpose . The store building is isolated from adjacent properties and it appears that this would be a good use of the existing lot . Town of Ithaca 5 Zoning Board of Appeals August 9 , 1995 5 ) The granting of the variance is subject to the conditions which the Planning Board inposed on granting preliminary and final site plan approval on August 1 , 1995 . Those conditions are : a . Submission of an original or mylar copy of the final site plan ; b . Submission of detailed sizing and final material specifications for all required improvements , and construction details of all proposed struc- tures , roads , and other improvements ; c . Submission for approval by the Town Engineer of detailed designs for any additional drainage improvements required as a result of the addition ; d . Revision of the site plan to show existing parking spaces with sufficient area to accommodate 27 spaces and location of existing sign ; and e . Revisicn of the site plan to show existing landscaping and additional landscaping to the reasonable satisfaction of the Town Planner . Chairman Austen asked for a vote on the motion , which resulted as followsc AYES - Chairman Austen , Mr . Ellsworth , Mr . King , Mr . Scala , Mr . Stotz . RAYS - None . The motion was carried unanimously . • The meeting was adjourz.cd at 7 : 45 PM . O � Debbie R . Raines , ZBA Se retary ward Austen , Chairman •