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HomeMy WebLinkAboutZBA Minutes 1999-06-09 *0W14 OF MAOX TOWN OF ITHACA ZONING BOARD OF APPEALS testi. , q4 • WEDNESDAY, JUNE 9, 1999 ,� Fr%° 7: 00 P. M . APPEAL of Russell C . Hodnett , Appellant , requesting a variance from the requirements of Article V , Section 21 and Article XI , Section 51 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain an existing single-family residence with a west side building setback of 35 ± feet (40 feet required) at 125 Iradell Road , Town of Ithaca Tax Parcel No . 24- 1 - 10 , Agricultural Zone (R-30 regulations apply) . APPEAL GRANTED APPEAL of Clint Sidle , Appellant , Robert Johnsrud , Agent , requesting an authorization from the Town of Ithaca Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to alter a nonconforming single-family residence on a nonconforming building lot located at 215 Forest Home Drive , Town of Ithaca Tax Parcel No , 66-4-5 , Residence District R- 15 . Said alteration involves a 56 square foot building addition on the building's southeast side, less than the required 15 feet from the property line . APPEAL DENIED 4 Vec PEAL of Timothy Ciaschi , Appellant , requesting a variance from the requirements of Article IV, tion 16 of the Town of Ithaca Zoning Ordinance , to be permitted to build on a parcel of land 50 feet in width at the street line and the front yard setback line (60 feet and 100 feet required respectively) at 120 '/2 Woolf Lane , Town of Ithaca Tax Parcel No . 23- 1 - 11 . 112 , Residence District R- 15 Cluster. APPEAL GRANTED APPEAL of the Montessori School , Appellant , Peter Demjanec , 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 create a school building at 122 East King Road , Town of Ithaca Tax Parcel No . 43- 1 - 3 . 6 , Residence District R- 15 . The proposal will also involve a variance from Article XIII , Section 69 of the Ordinance to provide 5 vehicle- parking spaces , where 10 would be required . Additionally, a variance from the requirements of Section 4 . 01 - 1a of the Town of Ithaca Sign Law is also requested , in order to maintain a 15 ± square foot sign on the property, where only 4 square feet is permitted . APPEAL GRANTED FUD TOWN Of nRArA' TOWN OF ITHACA ZONING BOARD OF APPEALS ��— • WEDNESDAY, JUNE 91 1999 C1)n ao WOt 7xOO P. M . PRESEN o David Stott, Chairperson ; Harry Ellsworth , Board Member; Ronald Frantz; Board Member: James Kiefer , Board Member; Kiri` Sigel , Board Member; Andrew Frost , Director of Building!�or� ir g; John Barney, Attorney for the Town (7 : 12 Penn . ) . OTHERSm Michael Kardrach , 217 Forest Home Drive , Robb J ohnsrud , 310 Monroe Street ; Clint Side , 215 Forest Home Drive ; Ruth Mahr, 103 Judd Falls Road ; Tiren Ciawct € i , 124 Woolf bane ; Russel ! Hodnett , 125 Iradell Road ; robin Seeley, 332 Hurd Road ; Pam Quinlan: , 120 East King Road ; Andrea Riddle , Montessori School ; Peter Demjarec, De€ njanec card Associates . Chairman Stott led the meeting to order at 7: 05 p . €-r€ . , stating that all posting, publication , and notifications of the public hearings had been completed and were in the followi €; g order : The first appeal to be heard was as follows ; APPEAL of Russell C . Hodnett , Appellant , requesting a variance fro €-n the recluiruments of Article V , Section 21 and Article X1 , Section: 51 of the Town of Ithaca Zoning Ordinance , to be perry€ itted to Maintain an existing single4amily residence with a .vest side build € ng setbacl� of �� ---- feet 40 feet rewired) at 1, 25 Iradell Road , Town of Ithaca Tax Parcel No . 2 - 1 - 10 , Agricultural Zone F? -30 IVgulations apply) . Andrew Frost , Director of Building./Zoning , asked if :fir. Hodnett had a survey map . Russell Hodnett , 125 Iradell Road , stated that there never Baas a survey €�€ ap . He learned of the error when he applied fof a building permit . He has obtained a survey map for the board 's review . Mr . frost stated that he wCas given a rough plot plan with the building permit appiicatio€ . Mr, Hodnett stated , e purchased the property in 19. 66D . He decided to add a room on the east side of the house . Mr. Hodnett explained that he was informed that he could not be given a perrmt becaunse the side yard setback needed to be 10 feet on the gest side of the house. The r, ew MOM gill be or the east side and the west side is deficient . Chairperson Stott asked ;,what the room would be used for. Mr. Hodnett responded it would be additional living room space . Mr . Frost stated they viewed this, as a variance not a special approval . The variance will put the house in compliance and he will be allowed to build the room . Acco ding to the surrey rrap} , the garage is in violation of the ordinance . Mr. Hodnett may want to come before the board to get a variance for the garage . 0 Z fl AP-3��C;;�ARD O {APPEALS PAGE 2 JUNE 9 , 1999 • IPROVED - AP-PI GVEED - APPFiMUD - APOP CA11 D-- AfPt` 13011FED - PT-2REiVErj -- jaf'=WF 0VF.0 Chairperson Stolz opened the p ;; b is hearing at 7 : 14 p . m . , and asked if oNny rlemt� ers of tile. public wished to be heard . With no persons present to be heard , Chairperson Stutz closed the public hearing at 7 : 15 p , m . Mr . Sigel stated that he needs a. variance for the existing side yard setbacks , l : does not have anything to do with the addition . Chairperson Stott rMsponded correct . Mr. dieter asked what needs to be done about the garage . Ch. irperson Stott stated that it :s a seoamte issue that [err. Hodne .t needs to address . I�� r . fiefer, asked if a building purr it ��ro ld be iss ,- ed even though the garage is norimcor pliant . Attorney Barney stated that they did not advertise for the garage . It will need to co€ nme back bwore :he board . The application that was advertised can be acted Upon . Mr. Frost asked if the garaged houpsed vehicles . • Mr. Hodnett replied that he does park cars in the garage . Attorney Barney stated that Mr. Hodnett should come back to the board to clarity the issue with the garage . Mr. Frost stated the board could choose to grant the variance with a condition that the garage obtains a variance within 90 day's . MOTION made by Ronakl Krantz seconded b,, James Niefa;. RESOLV , that this loan grant the appeal of Russell Hodnett, requesting rl variance fro.�r the ragulrerrients of Article L Section 21 arida Article Xl, Sechiori 51 of the Town of Jthaca Zor inn Or:`..nal7ce, to b.jn penrritted to jenaintair arl existing single? famisl ' resi;lence with a west side setback f.)," 35 feel ,40 fee; required) at 125 Jradell Road, Tower of lthaCti Tai Parcel No. 2�- 1 - % C?, Agt;culfural fore (ly~ .50 regu autos apply) wrtri trio following condriion: ac rer. leo ldnett obtains a variance for the sothack of the garage. A vote on late inorron resulted as follows: YES: Stott E(Ysiyvortil, Krantz; Defer, Sigel. O'WAYS: r'°�'one. BSTENTION&: ArONE ZONING BOARD OF APPEALS PAGE 3 JUNE 9 , 1999 • APPROVED - APPROVED - APPROVED - APP CVE'D-_ APPROVED - APPROVED - ar rr F? OtIF'f. The second appeal to be heard was as follows , APPEAL of Clint Sidle , Appellant , Robert Johnsrud . Agent , request € ng an aUthU : ization rrom the Town M W Ithaca Zoning Board of Appeals under Article X11 ; Section 54 of the Town of Ithaca Zoning Ordinance , to alter a nonconforming single-family residence on a nonconforming building lot located at 215 Foresi Home give , Torn of Ithaca Tax Marcel No , 66=4=5 , Residence District R 15 , Said alteration involves a 7 square foo building addition on the blding' s so ,Itheast side , less than the requ . red 1 teet ' rur � the property mine . Mr. Frost stated that there was aues ' ion as to whether or not this appeal, could be heard . This properly is within the Mate Historic Preservation District , New Yore Sate Histor:c Freserva . Eori has not given us a response as to whether they are for car agai 3st the appeal in question . It was :got clear if this appeal was going to be heard , The Attorney for the Town is of the opinion that the bs�} can gear the appeal and make a decision based upon a favorable recommendation , if it carne back a negative response , then they would need to came back before the board . This is only if the board chooses to grant the appeal . Cilant Side , 215 Forest Home Drive , stated he would lite to make a small addition to the backside �-. r r } y n 4 � r+ i r 4 addition . y � his home . It is approximately a 7 x� addition , It is a single= s orty addi , ion . The purpose of tl e addition is to create a roo€ "I for his :Mother. He presented Siigl7atUreS of tOuj. I ?�!?�f�?1?C�� � fi7c# � �U �'?�X t�% a.f3 of uii ri to, the addition. Please e e AttachmlUent 7 . There is one objection fro sm his € * st immediate neighbor, Mr, Sidle stated that his neighbor has concerns that are outlined in the letter seat to the board , One of the issues is that this properlyis close to his neighbor's property like . The addition will he very close the property line . Chairperson Stott asked :% the west, side property owner '4 as CVrnell University. Mr. Sidle responded yes , Chajrpers+on Stott asked how far away from the property line would that addition be , Robb Johnsrud , 310 Monroe Street , stated :hat it Would be 1/12 inch to 1 incl : rorn the proper € non ChairperYon Stott asked : ' the s ; - : vey 's correct . Mr, Johnsrud stated that it is . The addition can be brought in a little . There is currently a shed in the location of the proposed addition . Mr . Niefer asked if the existing sheaf tPdV: ::d be re€move;f , • Mr. Johnsrud stated that the existing shed is on metal pests . There will be new footers . ZONING BOARD OF APPEALS PAGE 4 JUNE 9 . 01999 • APIP Rf0°VEE - APP 0 ED - APP Ff0VED - APP P C VED-- APr`'P0VED - APPf?0VE J - Ar'i70VFD Mr. KrWtz stated that the addition would be approximately ,/z inch from the property ':line . Is there a. ;possibility that the additlon will be b :, It without encrVachment on the adj�} ining prUperty? Mr. Johnsrud responded that he did not know. The floor plan shows the front section of the house with a ti'Uominch Setback on the 5art1 £ proporaty lire . Chairperson Metz asked how would the contractor be able to work on the property without encroaching on the neighbor' s property. Mr. Sidle stated that it is impossible . When the roof was replaced It was irr: possible not to work on his property. Mr , Frost asked if he had approached his neighbor , Mr. Sidle stated yes . He a ooroached them months before . The contractor was unreliable and he did not know until the day before when he was going to show Chairperson Stotz asked if they coUld assure the neighbor that his property would not be disturbed and that it would be left in the same condition as it was found . • Mr. Stole stated that his neighbor complained that there was poor clean Lip a°ter the rn;tf rep; is was complete , He complained that his mover hit numero ; s nails . Mr. Stole slated that the � aont ; ;;oto : s Used carpet to throw shingles on . His neighbor also had no : mowed his lawn since the roof had been replaced . Chairperson Stotz asked hoer the exterior would be finished , Mr. Sidle stated that it would be consistent with the existing style of the house . Mr. Johnsrud stated that he is a contentiouS budder. He noes feel teat he is unable to avoid tearing up someortion of the lawn . It will be contained to the area of the addi'lon . Chcairperson Stotz opened the palblic hearing at 7 . 3p . m . , and asked if an rnernbers of the public wished to be heard . Michael Kandrach , 217 Forest dome Drive ; stated he objects to the addition , it will block his cu ;fent view, There will be encroachment onto the pnaperty and there wfll be debris . Two coffete cans can be filled with the nails picked- up from the roofing job . Permission was never granted . Permission was never asked . Mr, Kandrach slated that he did not want the add i'I on over the property line . With no other persons present to be heard ; Chairperson Stotz closed the public hearing at 7 : 43 � . rn . ZONING BOARD OF APPEALS PAGE 5 LUNE 9 , 01999 • Afsr'='RO' F.D - AFP 014c.D — Af`PRO1VF. 1 — ,4 Pi 01/ErD--- �`a+10PROVED to the Fy�.�''t`?0 VF. y— P101-?fit},HE'D t $ ! ¢ { /� C iai pe sro f S10 :z Cic� ked ii f7t � c 1 const erat ;on 1 as beenin OVe : o it a act, lEtam dii : ll be difficult o build , Mr . Krantz stated the setback requirement is 9 feet . The applicant is asking the boaid for variance to allow an addition ?'� inch front tl e property line of a Neighbor ���il� o is objectii" C� to it . Cllr. Krantz stated he could riot vote for the addition . He does sympathize ar d it �?rriil �} obably improve t1 �W house , but it is not reasonable to approve the appeal . Mr . Sole stated that he understands Mr , K a ftz' s point of view. Attorney Barney asked i there are any built,. inimmediately C4 diately G2d : acme on the north . Mr. S :dle stated that there is only ca carport to the north , Chairperson Stutz asked how close Mr. Sidle is to Mr. a:ldrach 's lot line . Mr. Kandrach stated that the :louses are 25. fee: apart . 'fir. Sidle's house is on the property iine . Chairperson St otz asked if the corner of the addition was on the property llne woii {Yi it be the same difference , • Mr. Kandrach stated it would be over the pmpew-ty line , The .shed is already over thie,,.� property line . Petr , Frost asked if there could be a compromise to the plan . Mr. Kandrach stated that if the addition were b.tilt in the front of the house i; would not bother, him . The shed is o ; t of the view, if the addition is built , it will block the view . Mr, Johnsrod stated the addition could be inset an other few inches . There would be a slight 1n�se o° view shed . Mr, Kandrach stated that itwould be an i tsignifica 7i difference ff--cr Attorney Barney nee staated that any view to the northwest is blt Cked by the fCarnil y r{,. on) and bedroom, that exists . (C,�aitroer'son Stolz made a motion it grant the appeal'. The motion was not, .sewn e£ ; th l4efoire a. Eloeif9l was not taiken. ) MOTION made by Ronald Krantz ,4econded by Ja. n . .. Nieie? . ,RUESOLVE . Mat thisboard denythe appea i of ClintSiciie, requesting an authorizatioen from the Townf i$naca Zoning Bard ofAppeals .1 nderArticie X11, Secciion 54 of tine Town of Ii+i'9arca Zoning Ordinance, /ZONING BOARD (:X: APPELS PAGE 6 vU � E � , € 99 3 • APFFIO`,iED - At 'PF,? �ll.=D - APt' POt 'fEi: - Ad'F� ./'�= - - Airy),,-RUED - APA—?t`�OIIED - Al.3t`� 'c 3 {VFPJ to after a nonconifornning i, le=family residence on a nonconforming buildin�l l^t located' a � 2 .115 Forest Home Drive, Town of ,'Mata Tax Pan el No. 66w4d-5. Resiczerice District R- 15, Said c' lteraficor, inllo �.�ec 5i squalre foot bui/ding 0ddoition on the building's soUtheast side, less than the require-'d 15 feet frjrr, the roperty lir}e for the following reasons: a. The proposed consrructio�n would obstruot the view of the neighbor- from the sour!,; b. By being inct', fro. ; the propetly lire that it is a substantial dellietion from the Zonin Oralinanose; C' The benefit to the app iirant of the proposal is oulweiphea' by the detti, .lorit to the &i1rroii1r1d1r7g hoz,ises and Community. A Vote on the r oti n resulted as fdllo �ivs: AYES': Ellsworth, Krantz, Niefer; Siigel. NAYS: Stotz, ABSTENTIONNone. *MOTIONwas carried. ------------------------- The third appeal to be heard was as follows , APPEAL of T€ rnotny Ciasch : . Appellant , request € nq a vear€ance from the regu € fementM o ; Article Ill ; Section 16 of the Town of Ithaca Zoning Ordinance , to be permitted to build on a panel of land 50 feet in width at the street line and the front yard setback line 160 feet and 100 feet required respectively ) at 12 t '. Woolf bane , Town of Ithaca Tai farce : No , 23= 1 = 1 . 11 , Resl{dence District R= Cluster . Timothy Ciasc;hi , 924 Woolf Lane , stated that he and his wife have decided to build a bigger V home . He has additional acreage behind his current home . A variance is needed because there is riot 100 feet of road frontage . Mr. Prost stated that :he Plann : nq Board upproued this April 20 , 1939 , Chairperson Stott asKed if propar:y is being deeded to the Town Mr. Ciasch : stated that a225-foot walkway : s being deeded to the Tt3wn . Mr. Prost stated that a portion of Gro;�e Road dead ends € nto an ur f€ n €shred culmde�saC . T:fie driveway will be off the cul-de-sac . The Town plows the cul-de-sac . Mr, C :ascni stated that `,he Tow is depositing fill € n the culwde- sat, . It will be a 3 , 000 sgtla. re foot Isome with a bas ernent . Z�NING4 BOARD OF APPEALS PAGE vUN � 3 , 19 9'.3 • Af3QPO', (F.D - AF' P C; 4'FD - Ar'r POt ED - Af-'P C> :%EL?__ Airtr)r?C�vED - APP-t-?OVEE3 - Ai�r'rd� vE Chairperson Stott opened the p ;db ':. iu Nearing at 8 : 13 p . rn . , and asked if any members of the public fished .o be heard . With no persons present to be heard , Chairperson Stott dosed the public hearing at 8 : 14 p . m . MOTION Trade by Harry Ellsworth. seconded by Ronald Krantz. RES�� '���f that this board grant the appeal of Tianotry Ciastchi, requesting a variance 3r^?n the requirements of Article IV Section 15 of the T men of Ithaca ZonJng Ordinance, to be perrriltted to build on a ;parcel off land 50 feet in width at the street line and the rr••ornt yard ,setback line �'�0 feet a?;b 100 feet required respeCtively') at 12074 Woolf Lane, Tows; of lthce< ;a Tai` Parcel No 12n re f r . � 12. (�e�its�en�E° Dis¢nct F f ' 95 Cluster wiih it?e followingconditions: a. That this ? esolt tion Incotp,rates the conditions oUtilned r?; the Planning Board Adopted rzesoiution of r t fil 20. 1393; 1 . Within six months of this approval, consolidation of "Parcel B " 10. 32 •l• acres! with A " ;Tax fvlap Parcel No. 23,. 1 . 1 i . 135,., and sefbrnissi n to the Town Planning Department of a c'p.°ry of the request to the Tompkins Ciowr? l y Division of Assessment for Sal IC4 wnsolidation; and • Granting by the Zoning Board of Appeals of any necessary vaaan ^e prior to the sligning of the ptat by the Chair of tree PlanninC) board. and 3, wilthilp six months c:f this approval, bUt fn any event prior to the issuance of arty bbilding .:rerrnfts on Town of Ithaca Tax Parcel No. c3- 1 - 11 . 112, cornveya?ice of Tax Parcel No. 23- 1m " 1 , 136 ("Parcel C", cons.isfing of 0. 292 1. acres. to the Town of Ithaca with Marketc`?ble tip?e satisfactory to the Attorney for the Town, for open space purposes, and i7lvre particula rly, f jr the pti dose of pro #,' ding a fink in the Towns s planned Worrif Trail. b. Hotise be constructed in a manner that If the f6rture roans as sho ri on the map were to be turner' over to the Town as roads that they wouald be able to do so. T:fre house as then constructed would be in confortm yr with the zoning setback requirements in respect to the fut. re rVaos. A vote on the motion resulted as follows: AYES. rStotz, Ellsworth, Krantz, bleier, Sloel. !WAYS: None. ABSTENTION: None. O N was carried c?,narnirnouslj,� ZONING-4 BEARD OF APPEALS PAGE 8 JUNE 94 1999 • APPROVE10 — AFoM01 F'D _ APTIROVED - AF'P O . ED-- aIFYI.ROVED - APP~'RGVECj - A1r'PF?0VFD The fourth appeal to he heard was as follows : APPEAL o ' the Montessori School , Appellant , Peter Demjanec , A er 't , requesting a special approval trom the Zoning Board of Appeals under Article IV , Section 11 or the Town of Ithaca. Zoning Ordinance , to he permitted to create a school building at 122 East King Road , Town of fthaca Tax Parcel No . 43- 1 . 3 . 66 , Residence District R- 15 . The proposal ill also involve a variance from Article Xlll , Section 69 of the rdinar� ce providet ehicleaparkin spaces , where 10 would be required . Add ionallyF variance from the requirements of Section 4 . 01 - 1 a of the Town of Ithaca Sign Lave is also requested , in order to maintain a 15 + square foot sign on the property, where r� Iy 4 square feet €� �}errn €teed . Peter Dernjanec, Demjanec & Associates , stated the request before the hoard is for the 14 on . ,nssor€ Sch of o convert the house to the east of the rna € n sch { ,0 . , or use as ,h ., r � 'cdle sch There are currently 1 middle school children . Mr. Niefer asked if the Montessori School has acqu . red this parcel . Mr . Demjanec stated the closing is in two days assuming the variance is granted . The school does not intend on doing a lot of remodeling , It would like to maintain its resider tial character. At some future date when it no fonder serves a pur OSe , it w.11 reenter the market as a residential hone . `fiery �We work will he done to the inter iY, or exterior of the house . Chairperson Stotz asked how many children would be occupying the ;wilding . Mr. Dem : a.nec stated the protected maximum for this facility would be 30 stucer ts . In the event that the Montessori School is unable to hoE} se 30 students In this facility, they bfou ' d he hoc} sed in the next phase Cadd € t €on to the annex end main building . The total number o : students w; ll not change , They will he Housed differently, It is the belief of the Mo€ ' ,essor€ Schoo ' that ha�ring a separate ;piddle school is beneficial for that grouko of students . The additional acreage is beneficial for the entire schoc: . The M3 ster Play: is accelerated by being 3q able to separate the Middle Schoo € out a few years earlier than anticipated . Mr. Niefer asked where the st ; der is won,. 'aa picked - up and dropped off for tl~ is facility . Mr. De f}janec stated that all children will he pickedmup and dropped off at the main schos middle school children wilt use the path from the main School to the middle school after they are. dropped,roff . Chairperson Stotz asked it the house would he modified for fire safety. Mr. De njanec stated the modifications on drawing A3 are the modifications rewired for fire safety issues . Structural ir• c}difi rations have not beer rr ade to the building, Ali the r�}orris ren � as '"ley were originally designed . ZONING BOARD OF APIPEALS5 PAG E 9 JUNE 9 , Ki 999 Af`'PF!0VED - AF'PFf0YrED — Af`'r'='P0VED -- APP P G ED -- A r` -70tgdED -- AFF='r`?0VE1, Ai'-Ir`1F30tED Chairperson Stott asked :f the building would have a sprinkler system . Mr . Demjanec responded it would not have a sprinkler system . It gill have a complete fire and smoke detection system wired to the fire statim~ . Chairperson Stott asked what would : he maximum occupancy be . Mr . Dernjanec replied that the maximurvi that the school is contemplating Is 30 . It is an { }ptimistic projection , Chairperson Stott asked if at any time Would there be thirty students plus stiff in the building . Andrea Riddle , School Administrator, stated this coming September will be the second year of the middle school program , They started with 7 students and 12 are enrolled for Septernber. Thirty students is the maximum number at some point in the future . It would be the total including staff . If 30 were ruched , they would look at ether alternative . 1 . Mr . Niefer asked how mane exits are on each level . Mr. Demjanec stated that there is one exit on the upper level . There are also patio doors that exit � e seminar and work rooms . There is the door that lead~ into the garage . Cn irperS n Stott asked ;¢ anyone would reside in the building . Mr, Demjanec responded no . Chairperson Stotz stated that Montessori School has seen a lot of aroV^nth in recent }fears . Or: e 0 the concerns is that the program might expand into a high school program . Has trere been v 3y discussion o- that? Ms. Riddle responded that several parents nave approached her about a blah school . She s not comfortable : n exploring that until they have seen how the middle school develops . Chairperson Stott asked . ; they had school ;ruses. Ms . Riddle responded that tele local school districts are responsible for transporting children to and from school . Chairperson Stott asked : : there would be additional school buses on site . Ms . Riddle stated that the lthaca City School District sends whole buses for 3 to 13 children . The addition of more students would be an addition to the buses that already come to the school . is Chairperson Stott asked where the buses will drop-off children, ZONING BOARD of APPEALS PANE 10 UNE � , 1zs �<� APrOPO7 fELr.1 - AF'P C; .IED --- APtOROBtEir.1 - AI''P .%�c.'L)-- ArOfl;-101,, ED - APP-t`?OVE. - Airlt`li*7, 0.jF[i Ms . Riddle stated that the children would be dropped-off at the main building . They will walk through the main building and exit through the back door , Then :;here w-111 be a path leading to the middle school . The middle school driveway will only be used for staff . Chairperson Stolz opened the pulbiikc hearing at 8 . 29 p . m , , and asked if any rnembers of the public wished to be heard . With 3o persons ptresent to be heard , Chairperson Stotz c €osed the public hearing at 8 ,30 p . m . Chairperson Stotz stated that the Planning Staff suggested that the Zoning Beard of Appeals consider future impacts of Montessori expansion . What is the reaction of the neighbors- ? Ms . Riddle stated that the neighborhood is delighted . Mr. DemianeC, stated that the school does not know if there will be interest in develop € ing v Mon 'rassorl High School . if it IS pUrsfeed , It wifl be brought before the Ptanntng Board and Zoning Board of Appeals before that happens . The proposal before the board , is consistent with the blaster Plan that was presented to the Planning Board two years ago . This is a superior alternative because it naives the school more land for the same group of Student , € ore square footage and the middle school Becomes approximate to the main school , is Attorney Barney stated that he suggested during tie Planning Board meeting that they might want to forego the previous approval for expansion . They declined to do that for a period of 36 months . They are approved to build the annex. 14,l1r, Demjan^ ec asked if it would require any approval from: this board . Attorney Barney stated that the Zoning Board of Appeals has already approved it . C ;lalrperson Stotz as ped where the last two parking spaces are located , Mr, Demtanec responded that: two are located to the garage . The New Fork Mate Uniform Code Review Board forbade the use of .he garage . There are now three pa : king spaces on site . Mr. Frost asked how many parking spaces were presented to the Planning Board , Mr, Demjanec Mated thaVrN t 0 parking spacces were presented to the Planning Board . Mr. Frost stated that results in site plan modifiCation dik,ta ,ed by the Mate . Mr. Demianec stated :hat they could add two parking spaces to the site or they can Change trfe nature of the variance request . • Mr, F : lsworth stated that it would be fewef parking spaces than advertised . 70NJING BOARD OF APPEALS PAGE I j; UNE 9 , 1999 . AVIM VEck — AFoP Fe0VED - AfsFR0VED — AF'P Fe 04c.D? -- fiat` R01/'Eco - A PT6f`?0VF.D - nr' 'FIF1-10VFD Chairperson Stotz asked if the parking lot from the main: building and the middle school were cons ' dered one for the purpose of parking . They are connected with a pathway. Mr. Demjanec responded yes . The Planning Board knows of 3 parking spaces on the site . They do not know that there was intent to Nave 2 in the garage . Mr. Sigel stated that it was mentioned that the Planning Board heard the proposal for E. pari,. € hg spaces . Mr. Demjanec responded that the Planning Board never addressed the issue of parking spaces . Mr. Krantz stated that there are 16 more parking spaces at .he main school than required . Could It be considered one complex`s Chaifpefson Stotz stated that it is a short distance from that parking lot. to the middle school building, Attorney Barney stated that when ' he Planning Board approved this , they assumed that there would be 5 parking spaces at the middle school . It was € of advertised for 3 parking spaces . • Mr. Segel stated that €t was advertised as needing 10 acrd having 5 . In 81 QR7 t mentions 81 Mr. Dern. janec stated that they believed that 1 spaces were required . It was determined that the requiremenl s 8 . Chairperson Stotz asked what ace groups would be in the middle school , Ms . Riddle stated than 12 to 15 years of age would be in that hurldrhg , Chairperson Stotz asked what the maximum age of a student in midd :e school . Ms , Riddle responded treat it would 15 . Chairperson Stotz asked the 3 parking spaces at the middle school would be restricted . Ms . Riddle responded that the parking spaces wou :o be for teachers . There are two teacminers for the middle school , There will be other specialist that cone in and out . They wil : also be delivering currrculm to other students . They 'J��r l pa in the ha € rr parking lot . Chairperson Stotz asked if- there Would h� a way of directing visitors to the other parking It-it , Ms , Riddle stated that they are currently doing that a } the annex, They sent a letter to the arents asking thern to park at the main building . ZONING BOARD of APPEALS PAGE le € l � � 9 , APPPO',%Ft. - APPFfC'j1=D - Af'PP °V%ED — A/'F fr vIFEL)-- AtOte'ROIIF'P1 ^ ;$ +r'r'i�-?OVEE) — r``ar'1,',ROIIFD Mr. Frost stated there 1s nothing to preven : puop ;e from parking at the middle sCh ool . Chairperson Stott asked if the driveway could be extended . Mr. Dem anec stated that the lot is wider than the annex lot . Thev are role to have a compete turn ,,around . The annex did not have an option . It is located on the opposite side of the street and it was necessary to have the buses stop there . It is not necessary to have the buses stop there . Attorney Barnev stated that the var:a.nce could be granted reducing the required number of parking spaces by a . It should be conditioned on going buck to the Planning Board for the revised site plan . Mr . Deja€ ; ec stated that the plan does show hovRr lurking will be handled . We have to 8 parking spaces . There are 3 parking spaces provided . The oe ; iciency is 5 . The deficiency : s the same as advertised . Mr . Frost asked if 2 parking spaces colad he provided to the left of the garage . Mr . Demjanec responded yes . The closing is this Friday . June ' . 1999 . 11 is the owner's intent to begin constriUction as Quickly as possible . Having to go back to the Planning Board could cause the �cnool to miss the construction season . Chairperson Stott stated that having a lot o¢ curs parked in ¢cont of the be would change tie character of the neighborhood . Mr. Demjanec stated that was a concern of the Planning Board . They conditioned their approval on a planting Mar: acceptable to Manning staff. The lots heavily planted . Baring the leaf season the proposed parking area and garage cannot be ween . Chairperson S)totz stated that there would still be cars parked at the frost of the building visible from the road . ENVIRONMENTAL ASSESSMENT. C ; iairpers+oniotz stated that the F;� vironmentul Asesnentuggets that the dor ; nq Board o ; Appeals consider impacts of possible future expansion and if the area is able to handle expansion . Mr. Sigel stated that the Environmental Impact Statement mentions the sign as 10 sq ; a. re feet . It is mentioned as 15 square feet in other places . Mr. Derrfanec stated thai ,he sign is less than 5 square ; eet . Mr . S ;gel asked ;' the sign has the sure dimensions as the. annex sign . ZONINGCAPD of APPEALS ALS PAGE 13 JUNE % 1 £ • � r�f�F�C�. �Y�� � �FF�t C�vl��'� - � �`'f'��J',%�� - � t'F� ��%��"�?-- �f�h7��{,��� - � F�F�'h�C �1�� - l4f�f�F"�� ;j��� Att,orey Barney stated that the annex sigis 10 11 2 square feet , Mr . Dernjanec StateC `: 13 plicate of the annex sign , The sign: size was inappropriately described . Chairperson Stotz asked what size was described to the Plannino Boar; . M Attorney Barney stated that the Planning Board approved 10 ;% square feet for the sign . Mr, Derrjanec stated that the sign would he 10 !/z square feet . MOTION Made by Kirk i.ge' seconGled py Harry Ellsworth. RESQ ED, tl'?dt this board makes d negative deterr`ri,ndtion cf environmental significance in the rnatter of Montessori Schod', requesting a special approval fr lal the Zoning Board ofAPP eals under Article IV Qection I 1 of the Tow(r? of Ithaca Zoning Or.�°,�i,�c�,° 3 ;�?, to ,die peJP?"t,' ted tocreate a s�„h:`_�o' building at 1 ,22 East King' Road, crown of Ithaca Tax Parcel No, 43w 11 34 Residence District R_ l Lf The pr+opo. Sal will also involve e variance for Article X111, Sectio, , 6.01 of the Ordinance to provide 5 ilei iclemparking spaces; where 10 wou;�l+'r� be required. �i £`ditional{�,�, a variance from tate requirearents o WQ� £;zion 4. 0.f Id Ji the Town of Ithaca +3ign Lary is also reyue6ted. in olooder to maintain a ? 1 �. syLi[� re fort sig'r? ilia the �roe ! where only 4 square feel is permWed. A vote on the motion tresUfted as f floo ` s.` AYES: Stotz, Ellsworth, KfanL� Niefer S rgel. ABSTENTION: None. MOTION was carried undnimcusl°,r, MOTION 177eure by Harry Ellswoi th, seconded by Ronald Krantz. RESOLVED that this board grant the appeal of ,Viontesson' tiool, requesting special approval' from the Zolpin£g. BocSrd ofAppeals uriderArtic!e IV, e.7e4tion 1 oof the Town of Ithaca Zoning Ordinance. to be permitted to create d school' ouild,,g at 1, 22 East Kina Rodd. Totwn of Ithaca 7!x Parcel No. 4%Q= Im3. #?7 Residence Disirict R- ; , with the follow n,g condition, a , That sl ch buiioing be occupied by no more than 0 peop/e or Uch lesser number as mandated by State Bin/ding Code, vote on the motion resulted as folfovers: ?QNNG DOARD OF APPEALS PAGE 14 JU1 IE 9 , 11999 APiORO°VED - AtJPF,01 ED - APir'F{OJ fED -- Arjf:'Cvl L)__ ArOPROtIE01 - APPi t`?OVECi - Ar'-'i`)RO{IE1i ,AYES: Stotz, Ellsworth, Krantz, Niefer. Sigel. NA YS: None. ABSTENTION: Mone. MOTION v,vas car lea unanimously. MOTION made by Ronald Krantz. seconded by Harp Ellsworih . RESOL that this Wilted makes kes Me c' e ennination that the total' tvehictie parkin; spaces at�ai abie at the ll�r�ontesson School co.,nalex are in compliance twith Article x`111, Section 69 of the Zoning Ondinancza. Therefd.ie, no vf rft r± t is r rr 1. A wo ie on the motion 1 esulted as fellows: .AYES Stott, ,Elksworth, Krantz, rNierer Sigel. NAYS: None. OBSTENPON: rNolne. MOTION was corned {-nalnlrrnousl y. MOTION Made by Harry Ellswoith, secondeed by Ronak Krantz. RESOLVED, that this board chant the appeal of the AVonfessori School, requesting a variance from the t'eilurret enls of Section 4. 01m1a of the . own of Ithaca Sion Law to rnCt3 retain a 10 %z square foot surf ffl7 t'e ot7ly 4 square feel is pera it'ted, and be no inn e than 6 feet in height, That this Sign bw ,fir ilar in design and construction as the sign located at the Montessori School annex. A vote on the motion resulted as follovals: AYES Stotz, Ellsworth, Krantz, Nrefer, Sice1. NA Nor3e. ABa'�sTENT.iOks bane. MOTION vvas carried unanlrno us1�y. 8 HER BUSINESS. ?CIS ING BOARD OF APPEALS PAGE 15 jLJ NE 93 1999 • APIPROVF.P. — AP'P C I EL) - APirJPOV"ED — APOP G;Il=.D.- !aPP.ROI QED — APPf ?OVErf — Ail- r>r?Otv Fti Mr. l�l �efeY asked If ;; rg It �x er King ou , �� before :he board . Mr. Frost sated that there are two short cases before the Burger ling appeal . Mr. Ellsworth stated to at he would be dahsta : ning . Chairperson gtotz asked if tiern : s an other space available . Attorney Barney stated that the Plann ng Board used the Tompkins County menta. : Hea t Building for the Preliminary Site Flan Approval Pudic Hearing . The Chairperson Qtotz and Mr, Frost amid ': { into hold � hg the meet ng : n ar; o her to cation: . Another locat ; on m ignt wart to be los...}l�ed into . It is understood that tnere will presentations from lawyers representing the opposing ;s €de . It could be crowed . Mr. Frantz stated that 14fr. Ellsworth would be abstaining . If it is a 24,o-2 vote ; what happens Attorney Barney stated that it does not pass . Three votes are needed . It tabes an affirmative wrote in either direction . Petr. SIgel asked :` tray would reed to appoint ah alternate . • Attorney Barney stated that they might have to . mere : s not legislation l✓}} :ace to autl~ {tr z tha . , Chairperson Stotz asked what the appeal :s for. Attorney Barney stated that it is special approval , There will be a log of different argUmunts . The people who are opposing the application have come up with a number of argu €r: ents . Each one has been looked at and have been found not, to be valid . The board :deeds to determine if the criteria in Section 77 has been met . A minor sign variance will need to be granted . A special approval use is a valid use . The special approval €reuhs that additional requirements need to be met . Thai man Stolz adroE, : ed the meet at x : 16 p , m arrie Co° s , itJnWtes Secretary. D vid z CEJ Jerson , TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS • WEDNESDAY , JUNE 911999 7 : 00 P. .N11 . 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 . June 9 , 1999 , 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 : y APPEAL of Russell C . Hodnett, Appellant, requesting a variance from the requirements of Article V . Section 21 and Article XI , Section 51 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing single - family residence with a west side building setback of 35 feet (40 feet required) at 125 Iradell Road, Town of Ithaca Tax Parcel No . 24- 1 - 10 , Agricultural Zone (R- 30 regulations apply) . APPEAL of Clint Sidle, Appellant, Robert Johnsrud, Agent, requesting an authorization from the Town of Ithaca Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to alter a nonconforming single- family residence on a nonconforming building lot located at 215 Forest Home Drive, Town of Ithaca Tax Parcel No . 66-4-5 , Residence District R- 15 . Said alteration involves a 57 square foot building addition on the building ' s southeast side, less than the required 15 feet from the property line . APPEAL of Timothy Ciaschi , Appellant, requesting a variance from the requirements of Article IV, Section 16 of the Town of Ithaca Zoning Ordinance, to be permitted to build on a parcel of land 50 feet in width at the street line and the front yard setback line (60 feet and 100 feet required respectively) at 120 Woolf Lane, Town of Ithaca Tax Parcel No . 23 - 1 - 11 . 112 , Residence District R- 15 Cluster. APPEAL of the Montessori School, Appellant, Peter Demjanec, 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 create a school building at 122 East King Road, Town of Ithaca Tax Parcel No . 4.) 3 . 6 , Residence District R- 15 . The proposal will also involve a variance from Article XIII , Section 69 of the Ordinance to provide 5 vehicle parking spaces, where 10 would be required. Additionally , a variance from the requirements of Section 4 . 01 - 1a of the Town of Ithaca Sign Law is also requested, in order to maintain a 15 + square foot sign on the property, where only 4 square feet is permitted. 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 : June 2 . 1999 Published : June 4 , 1999 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1 , Dani L . Holford, being duly sworn, depose and say that I am the Town of Ithaca Building and Zoning Department Secretary, Tompkins County, New York; that the following notice has been duly posted on the sign board of the Town of Ithaca and that said notice has been duly published in the local newspaper, The Ithaca Journal . Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall, 126 East Seneca Street, Ithaca , New York on Wednesdav, .June 9, 1999, commencing at 7 : 00 P. M . , as per attached . Location of sign board used for posting: Bulletin board, front entrance of Town Hall. Date of posting : June 2, 1999 Date of publication : June 4, 1999 � � 11 Dani L . Holford, Building and Zoningpartment Secretary, Town of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 4th day of June, 1999 . o Notary Public JOAN LENT NOTEBOOM NMMff FUBMC, STATE OF NEW Y� RESIDING IN TOMPKINS COUNTY REG. NO. 4994047 W COMMISSION EXPIRES MARCH 3%)f!2ko0 •