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HomeMy WebLinkAboutZBA Minutes 1998-04-08 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS • WEDNESDAY, APRIL 8. 1998 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, April 8, 1998, 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 Lisa and Michael Wittmer, Appellants, requesting a special approval from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to add a dwelling unit in the basement of an existing non-conforming single-family residence at 11 Renwick Heights Road, Town of Ithaca Tax Parcel No. 17-3-20, Residence District R- 15 . Said property is non-conforming since it is less than the required 100-foot lot width (having 75 feet) and less than the required 15,000 square feet lot area (having approximately 11 ,232 square feet). Additionally, a variance from the requirements of Article XIII, Section 57 of the Zoning Ordinance is also requested since said section limits non-conforming building lots to only single-family residences. APPEAL of Ithaca College, Appellant, Robert J. O'Brien, Agent, requesting a special approval from the Zoning Board of Appeals under Article IV, Section 11 , Paragraph 3 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 30,238 + square foot fitness center on the Ithaca College Campus, at 953 Danby Road, Town of Ithaca Tax Parcel No. 41 - 1 -30.2, 42- 1 - 13 . 1 , Residence District R- 15 . A variance from the requirements of Article IV, Section 11 , Subparagraph 6 is also being requested as the proposed building will be 45 + feet high (38-foot height limit). APPEAL of Lee W. Schruben, Appellant, requesting a special approval from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a non- conforming building/lot at 869 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2-25, Residence District R- 15 . Said enlargement consists of modification to an existing single-family home with the addition of new first and second story space. Said building/lot is non-conforming, in part, as the house is currently over the south side yard property line ( 15 foot setback required) and 9 + feet from the north side lot line. A building height variance under Article IV, Section 11 , Subparagraph 6 of said ordinance may also be required as said proposal may approach a building height of approximately 48 + feet (38 foot height limitation). APPEAL of the Montessori School, Owner, Peter Demjanec, RA, Agent, requesting a special approval from the Zoning Board of Appeals under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a school located at 117 East King Road, Town of Ithaca Tax Parcel No. 43-2-7, Residence District R- 15 . A variance from the requirements of Article XIII, Section 69 of said ordinance is also requested as additional automobile parking spaces will be located within the required front yard (25 feet from the road right-of-way line). Additionally, 5 parking spaces will be provided, while 10 are required. 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 person. Individuals with visual or hearing impairments or other special needs, as appropriate, 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 Director of Building and Zoning 273- 1783 Dated: April 1 , 1998 Publish : April 3 , 1998 TOWN OF ITHACA ZONING BOARD OF APPEALS • h WEDNESDAY, APRIL 8, 1998 The following appeals were heard by the board as follows : APPEAL of Lisa and Michael Wittmer, Appellants, requesting a special approval from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to add a dwelling unit in the basement of_ an existing non - conforming single-family residence at 11 Renwick Heights RoadTTown of Ithaca Tax Parcel No. 17-3-20, Residence District RA5. Said property is non conforming since it is less than the required 100400t lot width ( having 75 feet) and less than the required 15, 000 square feet lot area ( having approximately 11 , 232 square feet). Additionally, a variance from the requirements of Article XIII , Section 57 of the Zoning Ordinance is also requested since said section limits non -conforming building lots to only single- family residence. ** GRANTED'' APPEAL of Ithaca College, Appellant, Robert J . O' Brien, Agent, requesting a special approval from the Zoning Board of Appeals under Article IV, Section 11 , Paragraph 3 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 30, 238 +/- square foot fitness center on the Ithaca College Campus, at 953 Danby Road , Town of Ithaca Tax Parcel No . 41 -1 -30 . 2, 42-1 -13. 1, Residence District RA 6. A variance from the requirements of Article IV, Section 11 , Subparagraph 6 is also being requested as the proposed building will be 45 +/- feet high ( 38 foot height limit) . ' GRANTED" APPEAL of Lee W. Schruben , Appellant, requesting a special approval from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a non -conforming building/lot at 869 Taughannock Boulevard , Town of Ithaca Tax Parcel No. 25-2-25, Residence District RA5 . Said enlargement consists of modification to an existing single -family home with the addition of new first and second story space. Said building/lot is non -conforming, in part, as the house is currently over the south side yard property line ( 15 foot setback required ) and 9 +/- feet from the north side lot line. A building height variance under Article IV, Section 11 , Subparagraph 6 of said ordinance may also be required as said proposal may approach a building height of approximately 48 +/- feet ( 38 foot height limitation ). "ADJOURNED TO MAY 13 , 1998' APPEAL of Montessori School , Owner, Peter Demjanec, RA, Agent, requesting a special approval from the Zoning Board of Appeals under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a school located on 117 East King Road , Town of Ithaca Tax Parcel No . 43-2-7, Residence District RA5. A variance from the requirements of Article XIII , Section 69 of said ordinance is also requested as additional automobile parking spaces will be located within the required . front yard ( 25 feet from the road right-of-way line ) . Additionally, 5 parking spaces will be provided, while 10 are required . " GRANTED" TOWN OF ITHACA ' ZONING BOARD OF APPEALS WEDNESDAY, APRIL 8 , 1998 ' PRESENT : Vice Chairman Harry Ellsworth , Ronald Krantz , James Niefer, Kirk Sigel , Andrew Frost, Director of Building and Zoning ; John Barney, Attorney for the Town ; Christine Balestra , Planner. EXCUSED : Chairman David Stotz . OTHERS : Lisa Wittmer, Michael Wittmer , Tom Salm , Tom Hoard , Lee Schruben , Donna Schruben , Peter Trowbridge , Robert O' Brien , Peter Demjanec , Kim Snow , Mark Lamb , Vice Chairman Harry Ellsworth called the meeting to order at 7 :04 p . m . , stating that all posting , publication , and notification of the public hearings had been completed and the same were in order . The first appeal to be heard by the board was as follows : APPEAL of Lisa and Michael Wittmer, Appellants , requesting a special approval from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to add a dwelling unit in the basement of an existing non- conforming single-family residence at 11 Renwick Heights Road , Town of Ithaca Tax Parcel No. 174 -20 , Residence District RA 5. Said property is non conforming since it is less than the required 100 -foot lot width ( having 75 feet) and less than the required 15,000 square feet lot area ( having approximately 11 ,232 square feet). Additionally, a variance from the requirements of Article XIII , Section 57 of the Zoning Ordinance is also requested since said section limits non -conforming building lots to only single- family residence . Michael Wittmer, 11 Renwick Heights Road , said he and his wife is asking for special approval from the Zoning Board of Appeals to be permitted to turn their basement into a certified apartment for a two family dwelling . They have been trying to sell their house that has been on the market for six months , and almost all the interest in the house people want a two family dwelling . When they purchased the house the basement was nicely finished , but it was not certified as a two family dwelling . They have a buyer who is very interested in the house , but the whole deal is contingent upon certifying the house as a two family dwelling . Mr. Wittmer said his understanding is that they need the special approval because of the lot is under sized . If the board looked at the survey map , it is a fairly good sized lot , but they are very close to one house one side of the property. Mr. Wittmer said they explained the project thoroughly to the neighbors , who have been long time residents , and they did not have any • objections . The neighbors have mailed a letter to the Zoning Department stating their feelings . Director of Building and Zoning Frost said looking at the survey map that was included in the board 's packet, the building lot has a width at the street line of approximately 78 feet. The rear lot line has a width of 75 feet. The square footage of the lot is approximately 11 ,200 TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8, 1998 PAGE 2 APPROVED = APRIL 30, 1998 square feet. They need 15 ,000 square feet. This is an under sized building lot, which warrants a special approval . Article XIII , Section 57 of the Town of Ithaca Zoning Ordinance , states that the board has the right to put a single family residence on an under sized building lot, but the wording of that section of the Zoning Ordinance they would be limited to a single family residence. The Wittmers want to have a two family residence. Mr. Frost said when the Wittmers purchased the house a number of years ago there was an apartment in the basement that was not legal . Rather than making it legal they maintained the building as a single family residence . In the process of having their house looked at by perspective buyers , they see a very nicely finished basement apartment. People who are interested in the house want to purchase the house with an apartment in the basement. Mr. Frost said if the board should grant an approval that for the Wittmers to have an apartment they would have to go through a building permit process and possibly obtain some State building code variances . Ronald Krantz asked if there are any other multiple dwellings in the area . Mr. Wittmer said the house behind their home is also a two family dwelling . Director of Building and Zoning Frost said the area is zoned for two family homes . The deck in rear shown on the survey map is actually a patio that could be seen in the photograph . While the deck comes essentially to the property line on the south side of the property , it is not regulated by zoning under Section 65 . The patio sits on the ground . If it was an actual deck of three feet or higher it would be regulated by zoning . The setback on the south side of the property is the house not the deck, and that setback is scaled approximately 15 feet. There are no issues to the actual setbacks of the property lines to the house . They appear to be adequately setback. James Niefer asked what is the parking situation for a second residence in this building . There is only a one car garage . Mr. Wittmer said there is a one car garage , and there is space for three other cars off the road . Kirk Sigel asked the Wittmers when they bought the house if they were aware that the apartment was not conforming . Mr. Wittmer responded , yes . Vice Chairman Ellsworth opened the public hearing . With no one present to speak, Vice Chairman Ellsworth closed the public hearing . Mr. Sigel asked Mr. Wittmer if they are trying to increase the value above what they • paid for the house . Mr. Wittmer said they paid $ 115 ,000 for the house , and they would like to get that or just less . They are not looking to make a big profit. They have not had any offers higher than TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8, 1998 PAGE 3 APPROVED - APRIL 30, 1998 what they paid for the house . The main offer they received is contingent upon getting approval for the apartment in the basement. Mr. Niefer asked if this property has been taken off the market pending this review. Mr. Wittmer said the property has been taken off the market at this point. ENVIRONMENTAL ASSESSMENT . Planner Christine Balestra said the Planning Staff had no real problems with this project environmentally. The only thing that could be a potential problem is the alteration of this basic quiet neighborhood residential area by splitting it into two families for the potential for students or someone who is not so respectful for a quiet residential area . There are minimal environmental concerns with this project. The Planning Staff finds a negative determination of environmental significant for this action . Ms . Balestra said the residential land use objectives within the Town of Ithaca Comprehensive Plan this project is within the goals for residential uses . Mr. Sigel asked Mr. Frost what percentage of the lots in that area are 15 ,000 square feet or greater. Director of Buildingand Zoning Frost said on that articular street man of the homes g P Y are non-conforming . That was an older development that was built prior to zoning . Mr. Sigel said he was wondering how many other homes on this street have this option , and how many are currently denied the option . Director of Building and Zoning Frost said he could say approximately 50 percent. Mr. Niefer asked if it was a requirement that the owner occupy the house rather than being an absentee owner for a two family house . Director of Building and Zoning Frost responded , no , but the Zoning Board of Appeals could oppose that as a condition of the approval . Mr. Niefer asked if it is required that the owner occupy one part of the home . Director of Building and Zoning Frost responded , no . There a few homes in the Town of Ithaca where this is required . MOTION made by Ronald Krantz , seconded by James Niefer: • RESOLVED, that the board make a negative determination of environmental significance for the property at 11 Renwick Heights Road , Town of Ithaca Tax Parcel No . 17-3-20 , Residence District R- 15 , based on the review by the Town of Ithaca Planning Staff and their report on March 30 , 1998 . TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8, 1998 PAGE 4 APPROVED = APRIL 30. 1998 A vote on the motion resulted as follows : AYES = Ellsworth , Krantz , Niefer, Sigel . NAYS - None . The motion was carried unanimously . MOTION made by Ronald Krantz , seconded by James Niefer: RESOLVED, that the board grant the appeal of Lisa and Michael Wittmer requesting a special approval under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance to be permitted to add a dwelling unit in the basement of their existing non-conforming residence at 11 Renwick Heights Road , Town of Ithaca Tax Parcel No . 17=3-20 , Residence District R- 15 . This property has a width of 75 feet and a 11 ,232 square foot area where in a 100 foot width and a 15 ,000 square foot area is required . Due to the financial hardship this appeal is being granted , which would allow also a separate under Article XIII , Section 57 of the Town of Ithaca Zoning Ordinance so that a two family residence could be made from a one family residence . Also that a building permit and necessary building code variances would be need to be obtained before the • construction could be started . A vote on the motion resulted as follows : AYES - Ellsworth , Krantz , Niefer, Sigel . NAYS - None . The motion was carried unanimously . The second appeal to be heard by the board was as follows: APPEAL of Ithaca College, Appellant, Robert J . O'Brien , Agent, requesting a special approval from the Zoning Board of Appeals under Article IV, Section 11 , Paragraph 3 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 30 ,238 +/- square foot fitness center on the Ithaca College Campus , at 953 Danby Road , Town of Ithaca Tax Parcel No. 41 =140 .2 , 42 =1 -13 . 1 , Residence District R45. A variance from the requirements of Article IV, Section 11 , Subparagraph 6 is also being requested as the proposed building will be 45 +/- feet high (38 foot height limit). Robert O' Brien , HOLT&C Architects , said this building would be connected to the existing outdoor pool . The HSHP and this project would use the road to bring fill to the • Eastman Hall area . Looking at the proposed building from the quad side, it is a one story building as viewed from most of the campus . The grade drops off a little to the north where there is a two story height. It is two stories inside , but the gymnasium goes down to a basement level to keep the overall profile of the building low. To set the height in context with the back of the proposed building would be the existing residents hall north . The new building TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8, 1998 PAGE 5 APPROVED = APRIL 30, 1998 would be lower in the overall height than the residents hall . The plan is to use some of the facilities inside the building such as locker rooms and showers in conjunction to the outdoor pool , so the building would directly out to the post. Mr. O'Brien said the upper floor plan , which is the main ground level , has a large exercise room , aerobic room , and offices that over look the two gymnasiums at the ground level . The building exterior materials would be ground face masonry in the tan colors to fit in with the weathered stone that is on the quad resident halls . This is not a brick part of the campus , but the stone part of campus . Tom Hoard , HOLT&C Architects , said the reason they had a false start on meeting was that they used the building code method for calculating the building height. It does not on with the Town 's definition of height, so they resubmitted again with a new revised building height. The proposed building height would be 38 feet from the ground to the highest point. Vice Chairman Ellsworth said from appearance from different angles there are other existing building heights that are similar. Mr. Hoard said as Mr . O' Brien mentioned the buildings to the north and south are both taller, and the proposed building will be pretty low compared to the others . Mr. Krantz asked if the ground did not drop off seven feet Ithaca College would not • required to get a special approval . Director of Building and Zoning Frost said Ithaca College would be here for the special approval . Vice Chairman Ellsworth opened the public hearing . With no one present to be heard , Vice Chairman Ellsworth closed the public hearing . ENVIRONMENTAL ASSESSMENT : Planner Balestra said Ithaca College Fitness Center received a final site plan approval from the Planning Board as of last evening . Some of the previous impacts that the Planning Board looked at were impacts on loss of vegetation due to the proposed project. Landscaping plans have been submitted and approved by the Town Planner. Drainage was an issue , and a detailed storm water management study was prepared and approved by the Town Engineer for drainage . The height variance in regards to aesthetics is not expected to have a negative visual or aesthetic impact on the surrounding area . Many of the buildings that are existing on the college campus are much taller than the proposed structure . Most of the issues have been dealt with and approved by the director, and a negative determination of environmental significance is recommended . Vice Chairman Ellsworth asked if this project will increase vehicle use to the campus or would this project be used by people that are already on campus. Tom Salm , Vice President for Business at Ithaca College , said the answer is "no'$ , they do not expect an increase in vehicle usage . This is intended for the College' s faculty, staff, and students . There is parking all around the area now, so there are no plans for changes . TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8, 1998 PAGE 6 APPROVED - APRIL 30, 1998 • Mr. Niefer asked if the pool still usable by the friends of the College . Mr. Salm responded , yes . The construction will not be started until the end of summer because there will be a lot of people who would be using the pool this summer. MOTION made by Ronald Krantz , seconded by Kirk Sigel : RESOLVED, that the board make a negative determination of environmental significance for the property at 953 Danby Road , Town of Ithaca Tax Parcel No . 41 - 1 - 30.2 , 42= 1 - 13 . 1 , Residence District R- 15 , based on the review by the Town of Ithaca Planning Staff and their report on March 30 , 1998 . A vote on the motion resulted as follows : AYES - Ellsworth , Krantz , Niefer, Sigel . NAYS - None . The motion was carried unanimously. • Mr. Krantz asked how many handicapped parking spaces are there . Peter Trowbridge said there are 42 parking spaces in the parking lot, and there will be two additional handicapped parking spaces . They are utilizing an existing lot that currently just south of the fitness center, and they are providing for some of their closest parking spaces that are available in that lot designating them as handicapped . The handicapped route along the heavy duty multi-duty fire access so people could come from the lot to the walkway to the primary access to the proposed building . Mr. Krantz asked what happens if people are on crutches that need to utilize the building for therapy. Mr. Salm said they transport people like that or they receive a temporary handicapped space . Ithaca College will be reconfiguring all the handicapped spaces on campus with the new affirmative action officer. They will review all the changes on a semester by semester basis . Two handicapped parking spaces will do the job based on what they know with the experience . MOTION made by Ronald Krantz , seconded by Kirk Sigel : RESOLVED, that the board grant the appeal of Ithaca College to construct a 40 ,000 +/- • square foot Fitness Center on the Ithaca College Campus under Article N, Section 11 , Paragraph 3 of the Town of Ithaca Zoning Ordinance , to be constructed on Town of Ithaca Tax Parcel No . 41 = 1 -30 .2 , 42- 1 - 13 . 1 , Residence District R- 15 . There is also a variance that should be grant from the requirements of Article IV, Section 11 , Subparagraph 6 , so that the building in part would not exceed 46 feet in height. This TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8, 1998 PAGE 7 APPROVED - APRIL 30, 1998 • appeal meets the findings required by Article XIV , Section 77 , Paragraph 7 , Subparagraphs a-h of the Town of Ithaca Zoning Ordinance . A vote on the motion resulted as follows : AYES - Ellsworth , Krantz , Niefer, Sigel . NAYS - None . The motion was carried unanimously. The third appeal to be heard by the board was as follows : APPEAL of Lee W. Schruben , Appellant, requesting a special approval from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a non -conforming building/lot at 869 Taughannock Boulevard , Town of Ithaca Tax Parcel No. 25-2 -25, Residence District RAS. Said enlargement consists of modification to an existing single-family home with the addition of new first and second story space. Said building/lot is non-conforming , in part, as the house is currently over the south side yard property line ( 15 foot setback required ) and 9 +/- feet from the north side lot line . A building height variance under • Article IV, Section 11 , Subparagraph 6 of said ordinance may also be required as said proposal may approach a building height of approximately 48 +1- feet (38 foot height limitation ). Lee Schruben , 869 Taughannock Boulevard , said when he and his wife first moved to the neighborhood that their neighbors have up graded their homes more than they realized . The house was built in the 1930's , and it is pretty small . The house has several little sheds that are attached to the small gable center. The previous owners added on over the years . The house has some deficiencies . The house is fairly small 1 , 150 square feet. There is no dry storage . There is a small bathroom with a washer and dryer with closet space . Vice Chairman Ellsworth asked the Schrubens if they would be living at this site full time . Mr. Schruben said they have been living at this resident full time since they purchased the property in 1988 . The roof is unattractive looking down the hill . There is no entry way at this point, so they need to go through glass doors on the deck. Mr. Schruben said they talked to construction engineers and architect builder who came up with the design of setting steel piers and build over the existing living space . Mr . Sigel said the house in the picture shows a very steep slope line . The house itself • is approximately four feet off the ground where there is a deck that drops off on one corner. That corner is approximately 13 feet from the lowest point to the deck. TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8, 1998 PAGE 8 APPROVED - APRIL 30, 1998 • Director of Building and Zoning Frost said from the picture it shows the existing single story house and the Schrubens want to add another story . From the road people would not see the house unless they stood on the edge of the road and looked down hill . Mr. Niefer asked if the peak of the roof would be below the Taughannock Boulevard elevation . Mr. Schruben responded , yes . Attorney for the Town John Barney asked if the house would be visible from the lake . Mr. Schruben said it would not be visible . The front roof could not support the second story , so the second story would be behind the front roof line. Director of Building and Zoning Frost asked the Schrubens if they have any additional sketches that they would be able to show the Zoning Board of Appeals of the exact height. Donna Schruben , 869 Taughannock Boulevard , said this would be a one story addition that sets back toward the road . They would have a hip or a gable roof. • Director of Building and Zoning Frost tried to explain to the Schrubens prior to the meeting that this Board would need to know what the exact height will be . Mr. Schruben said they were suppose to meet with their architect earlier today, but he was too busy to meet with them . Vice Chairman Ellsworth said if the Zoning Board of Appeals decides to accept this appeal , they would need a safe roof height to go by . Otherwise the Schrubens would need to return . Planner Balestra said by looking at the west of the proposed addition , to notice that this area is pretty tight going into the hill site , and asked if there would be any regrading of the site to be able to build the second story . Ms . Schruben said their plan was not touch the wesr side grading . Attorney Barney asked if the second story will be built on steel piers . Mr. Schruben said they would be installing three foot square cement blocks and then steel piers will be placed . There are some posts along the back. The advice from the architect was to make it as big as we could possibly imagine it being . The architect said they would • need to have two to three feet out from the side for the south lot. Mr . Krantz asked Mr . Schruben if they would need to blast the bedrock. Mr. Schruben said there has been no mention of doing that. TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8, 1998 PAGE 9 APPROVED - APRIL 30, 1998 • Attorney Barney asked Mr . Schruben if he knows how they would be setting the concrete for the steel piers . Mr . Schruben said he does not know at this point. They would be hitting bedrock pretty quickly there . Mr. Sigel asked if these steel piers be visible or will the be incorporated within a new wall . Mr. Schruben said he hopes the steel piers will not be visible . Hopefully the deck will extend over the south side piers . Ms . Schruben said they do not have a cosmetic solution at this point. Right now they are visualizing it will hang over the first floor. Mr . Sigel asked if the beams will be visible . Mr. Sigel also asked if they were planning to make the first floor is as large as the second floor. Mr. Schruben responded , no . • Mr. Sigel asked the Schrubens if they have investigated the possibility of extending the house further to the south . Ms . Schruben said they are trying to keep it small . It is going to be expensive to build . The house is not very attractive right now. They would like some visual height. Right now the views are not as nice as they would like . Mr. Schruben said the photographs that Mr. Frost taken of the site shows a good feeling of what the site looks like . Vice Chairman Ellsworth asked if the Schrubens have talked to their neighbors about blocking any views of the lake . Mr. Schruben said they are not blocking anyone's views of the lake . Director of Building and Zoning Frost said it is 13 feet from the ground to the deck for the one post. Mr. Frost asked what is the height from the deck level to the top of the existing roof. Ms . Schruben said it is approximately 12 feet. Director of Building and Zoning Frost said it would be approximately 25 feet at that point. By adding the second floor and a roof that would be getting close to 16 feet between the first floor and the roof peak. Ms . Schruben said that is not fair because the house is not over where it is 13 feet. TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8, 1998 PAGE 10 APPROVED = APRIL 30, 1998 • Mr. Sigel said the house is below grade on the west side . Director of Building and Zoning Frost said if there is 25 feet now and adding 16 feet that comes to approximately 41 feet. Attorney Barney said 16 feet would a little light because they want to add storage space above the second story. Director of Building and Zoning Frost said he was hoping the Schrubens would bring in the plans from the architect to see the actual roof line and give better dimensions of the addition . Ms . Schruben asked if it would be unreasonable to keep the 48 feet as the maximum . They are not planning to go that high . Vice Chairman Ellsworth said the Zoning Board of Appeals likes to have a number that they would be below or they would need to come back again . Ms . Schruben said they would below that number. • Mr. Sigel said the Zoning Board of Appeals likes to have a number that is pretty close . The board does not want to give a variance that is eight feet more than they could use . Mr . Schruben said this is the best guess right now primarily because the 13 foot post of the deck. The other posts are under 4 feet. Attorney Barney said he does not think the Schrubens have thorough designed what they are actually going to the house . Mr. Schruben said the 48 foot height would be a maximum . Attorney Barney said the Schrubens should have drawings done for a building permit application . Mr. Schruben said he was hoping to have those drawings for tonight, but the architect canceled the meeting earlier today. They would like to have the 48 feet maximum . Attorney Barney said the theory of a variance is the minimal variance necessary to accomplish what they legitimately need to accomplish . To ask this board to have 48 feet when looking at the diagram it does not show if 48 feet is close or not. Typically what this board • does when they grant a variance , they have drawing and tack on a foot or so to allow for incremental . TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8, 1998 PAGE 11 APPROVED = APRIL 30 , 1998 Vice Chairman Ellsworth said the Schrubens need a feeling from the board to see whether this appeal will be approved or not because they are working a deal with the contractor to proceed . Mr . Schruben said the architect was not able to meet with them today like they wanted . Vice Chairman Ellsworth said the Schrubens would need to get more accurate hieght numbers to proceed . Ms . Schruben said they want to start building as soon as they received this variance . Attorney Barney stated that in order to get a building permit the Schrubens need to have drawings with specifics . Mr. Frost will be able to do that. Vice Chairman Ellsworth opened the public hearing , and asked if anyone from the public wished to be heard . Kim Snow, 871 Taughannock Boulevard , said she owns the property just to the north of the Schrubens . She is just here to gain information because she did not know this project was coming along . Her and her husband wanted to look at the plans and review them . Mr. Schruben said Ms . Snow and her husband only live in the house to the north in the summer time . Ms . Snow said she has owned the property for approximately 30 years , and she and her husband have lived at that property in the past, but it was to small so they built another house . Ms . Snow said they are not against the project, but they are here to gather information such as how close would the project come to their property line and if it would change the course of the creek that runs down . Mr. Schruben said there would not be any change by the creek to the north . Ms . Schruben said they do not plan to change the footprint to the north . The posts will be visible from the south side . Ms . Snow said they were also concerned about the north side setbacks . The notice of public hearings for the Zoning Board of Appeals is the only information that they received . It is stamped "final" . Ms . Snow asked if they were notified before this appeal . Deputy Town Clerk Debby Kelley said the words final on the notice is for internal purposes opposed to draft copy . • Vice Chairman Ellsworth said the notices have to be mailed ahead of time for legal purposes . TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8, 1998 PAGE 12 APPROVED = APRIL 30, 1998 Ms . Snow said their only concerns are for the existing creek and how close the new building would come to the lot lines . Mr. Schruben said there will not be any changes to the existing creek, and the new addition would not effect the views of the Snows . Director of Building and Zoning Frost said they would be concerned about the creek during the construction for erosion . He is under the impression that there will not be any construction on the north side of the property. Ms . Schruben said they plan to build a stairways on the north side to get to the upper level . Ms . Snow asked Ms . Schruben if they would be constructing on the north side . Ms . Schruben said they would only be constructing the stairways on the north side , but they would not be going over the footprint of the deck. Director of Building and Zoning Frost said there will be another meeting on the footprints with more formal drawings to look at. Mr. Sigel said the height drawings supplied shows approximately 48 feet. Mr. Krantz asked the Schrubens and the Snow if they have ever met before this meeting . Ms . Snow said they see the Schrubens in the summertime , and feel that they have a good relationship . Attorney Barney said this board normally grants variances upon formal plans and drawings . The Schrubens should acquire with the immediate neighbors to see if there are any objections , and if there are no problems the Schrubens should have the plans drawn and come back to the board . The Schrubens should supply the plans to the Building and Zoning Department for Mr. Frost to review for the building permit application . Vice Chairman Ellsworth closed the public hearing . The Zoning Board of Appeals decided to adjourn this appeal to the May 13th meeting in order for the Schrubens of obtain more information for the board . The last appeal to be heard by the board was as follows : APPEAL of Montessori School , Owner, Peter Demjanec, RA, Agent, requesting a special approval from the Zoning Board of Appeals under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a school located on 117 East King Road , Town of Ithaca Tax Parcel No. 43 -2 -7 , Residence District R-15. A TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8, 1998 PAGE 13 APPROVED - APRIL 30. 1998 variance from the requirements of Article XIII , Section 69 of said ordinance is also requested as additional automobile parking spaces will be located within the required front yard ( 25 feet from the road right-of-way line ). Additionally, 5 parking spaces will be provided , while 10 are required . Peter Demjanec , Architect for the Montessori School , said the board should notice the reduced speed zone sign that is successfully in place now. He is here to ask three things of this board . First is an extension of the special permit that was granted by this board last year for the extension for the purpose of building an addition onto the Annex. The addition will be 2 , 175 square feet that contains a single large classroom adjacent to a large classroom , three smaller flexible lesson spaces by movable partitions can be added to the one large classroom , and the requested addition is shown on the drawing A-2 . Drawing A=3 shows what the west elevation of that addition will be like . In addition to a request for modification for a special permit, they are asking for two parking variances . The first is for an encroachment on the required 25 foot front yard to allow them to have a fifth parking space in front of the building where there is current four parking spaces . Mr. Demjanec said last year when they were before the board they spoke about a fourth parking space that encroached into the 25 foot yard by two and a half feet. Now they would like to add a fifth parking space that would encroach approximately eight and a half feet into the 25 foot front yard requirement. Mr. Demjanec said the third thing they are asking the Zoning Board of Appeals is for a variance for a required • number of parking spaces . The facility has currently a classroom , a lesson room , and an art room . In the proposed addition there is a classroom and three lesson rooms . The required parking space count is somewhere between 10 and 12 spaces . They are asking for a variance to be allowed to have five spaces . Mr . Demjanec said in terms of the request for a number of parking space , they believe due to the nature of the facility, the five parking spaces that are being proposed will be more than adequate . By nature of the facility , he means the way the school structures their educational programs . They currently have a single teacher stationed at that school . When the addition is completed there will be two teachers stationed at that school . Other faculty actually rotates from the main school across the street to this school , so there will be no more than two teachers stationed at this facility. In addition , the school across the street has a lot of parking . There is currently 26 parking spaces there , and this school has the option of requiring their faculty park there to free as many spaces at the proposed site . In terms of the encroachment on the front yard space , the facility as it is right now , this is at the intersection of the abandoned old King Road and the current King Road comes together. In front of the building there are two roadway right-of--ways . One of which is currently occupied by King Road and the other is currently a large extension of the front yard . Vice Chairman Ellsworth asked what was passed on the first issue before . Mr . Demjanec said last year they appeared before the Zoning Board of Appeals for a special permit to convert an existing house to the annex, and that special permit was granted . The school is now asking for an extension of that special permit to add the addition to the • annex. That was for conversion of the house to classroom facility, and that permit was granted . TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8, 1998 PAGE 14 APPROVED = APRIL 30. 1998 • Attorney Barney said Mr. Demjanec is talking about the extension in terms of time , not dimension . Mr. Demjanec said at midnight last night he was talking to the City's Zoning Board of Appeals talking about that same context. Mr. Sigel asked if this is a separate appeal than what happened a year ago . Attorney Barney responded , yes . Mr. Demjanec said also last year they asked this board for a variance for the fourth parking space which is a modest encroachment on the 25 foot front yard setback, and now they are asking for the same variance to a larger degree for the fifth parking space . Mr. Niefer asked if this parcel would be complete building construction with this addition . Mr. Demjanec responded , yes . They have been through sketch plan review and preliminary site plan review with the Planning Board , and they are looking for final site plan review. As part of that process the Planning Board did ask for the entire master plan for the Montessori School . This is the current ten year projection for build up for this side of the road . This would become their pre-school program free-standing on this side of the road , and once this becomes free-standing there would be no need for anyone to cross the road . Vice Chairman Ellsworth opened the public hearing . With no one present to be heard , Vice Chairman Ellsworth closed the public hearing . ENVIRONMENTAL ASSESSMENT . Planner Balestra said for the environmental assessment, the Planning Staff looked at drainage patterns and noticed that there are some poor drainage conditions along the northwest side of the property. The applicant has addressed the problem , and they have submitted revised drainage plans . The Zoning Board of Appeals was supplied with copies of the adopted resolutions from the Planning Board meeting . All of these conditions have been met including the cut and fill and the drainage plan . Those have been addressed and approved by the Town Engineer. The New York State Department of Transportation has implemented the reduced speed zone , and the signs have been installed . The Planning Staff has visited the site during the peak hours , and noticed the flow of traffic ran incredibly smooth . The Planning Staff does recommend a negative determination of environmental significance for this project. MOTION made by Ronald Krantz , seconded by Kirk Sigel : • RESOLVED, that the board make a negative determination of environmental significance for the property at 117 East King Road , Town of Ithaca Tax Parcel No . 43= 2- 7 , Residence District R- 15 , based on the review by the Town of Ithaca Planning Staff and their report on March 30 , 1998 . TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8, 1998 PAGE 15 APPROVED = APRIL 3Q. 1998 is A vote on the motion resulted as follows : AYES = Ellsworth , Krantz , Niefer, Sigel . NAYS = None . The motion was carried unanimously. MOTION made by Ronald Krantz , seconded by James Niefer: RESOLVED, that the board grant the appeal of the Montessori School for special approval under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge their school at 117 East King Road , Town of Ithaca Tax Parcel No . 43-2-7 , Residence District R- 15 . It is understood that this addition would be no more than 2 , 185 square feet. The board also grants the variance from the requirement of Article XIII , Section 69 of the Town of Ithaca Zoning Ordinance so they can encroach onto the front yard for a fifth parking space , and be allowed a total of five parking spaces whereby ten parking spaces are normally required . A vote on the motion resulted as follows : • AYES = Ellsworth , Krantz , Niefer, Sigel . NAYS = None . The motion was carried unanimously. Vice Chairman Ellsworth closed the meeting at 8 :50 p. m . 91(II r17SCL Deborah Ann Kelley, Deputy TownI rk/Minutes Recorder illllm M arry EI s ort , Vice Chairman •