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HomeMy WebLinkAboutZBA Minutes 2009-04-20 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, April 20, 2009 7 : 00 P.M . is 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 Monday. April 20, 2009, in Town Hull , 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY , COMMENCING AT 7 : 00 P. M . , on the following matters : GRANTED APPEAL of Douglas G . Bianchi , Owner /Appellant, requesting the continuation of a variance from the requirements of Chapter 221 ,-4 A(2) and Section 221 -7 C (4) of the Town of Ithaca Code permitting a new freestanding , off- premises sign for the East Hill Car Wash . The proposed sign will be located on Pine Tree Road, Town of Ithaca Tax Parcel #62 . -2- 13 . 2 Community Commercial Zone (CC) . GRANTED APPEAL of Timothy S . Whittier, Owner/Appellant, requesting area variances from the requirements of Chapter 270 , Article VIII, Section 270-60 (C) , to allow insufficient side yard setbacks on property located at 213 King Road E . , Town of Ithaca Tax Parcel # 45 . -2 - 3 , a Low Density Residential (LDR) Zone . Said Zoning Board of Appeals will hear all persons in support of such matters or objections thereto . Assistance will be provided for individuals with special needs, upon request. Such requests should be made not less than 48 hours prior to the public hearings . ® Bruce W . Bates Director of Code Enforcement 607 -273 - 1783 Dated : April 9, 2009 Published : April 11 , 2009 TOWN OF ITHACA ® ZONING BOARD OF APPEALS SIGN - IN SHEET DATE : April 20 , 2009 (PLEASEPRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION �v 121 4z✓ /Jb 43 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Paulette Terwilliger , being duly sworn , say that I a Deputy Town Clerk of the Town of Ithaca , Tompkins County , New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper , Ithaca Journal: ADVERTISEMENT : PUBLIC HEARING TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY , April 20 , 2009 7 : 00 P . M . Dated : April 9 , 2009 Published : April 13 , 2009 Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Monday , April 13 , 2009 Date of Publication : Monday , April 13 , 2009 Paulette Terwilliger Deputy Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ) Pf Sworn to and subscribed before me this 13th day of April , 2009 . Notary Public CONNIE F. CLARK Notary Public , State of New York No . 01 CL6052878 Qualified in Tompkins County Commission Expires December 26 ,. 20 AI tegais y,, 050, tegals a h o o TOWN OF ITHACA ZONING BOARD OF . Bruce W: Bates APPEALS Director of Code NOTICE OF PUBLIC Enforcement HEARINGS 607-273-1783 . MONDAY, 009 ril 20; Dated: April 9, 2009 . . 7:00 P.M. Published : April 13 , 2009 4% 13/2009 By direction of the Chair- ma hair- man of the Zoning Board of Appeals NOTICE IS j HEREBY GIVENthat Public j Hearings will be held by ! the 'Zoning Board . of Ap- peals of the Town of Ithaca on Monday, ) April 20, ' ! 2009 in Town Hall, 215 f North Tioga Street, Tioga r Street Entrance, Ithaca, f r NY, COMMENCING AT t f 7:00 OP.M., on the follow= 1 ing matters: APPEAL of Douglas G. Bianchi Owner f /Appellant, requesting the 1 ! continuation of a variance i from the requirements of Chapter 221 ,-4 AI2), and I Section 221 -7 C l4 of the Town of Ithaca Code per- mitting a . new ' freestand- ing, off-premises sign for ' the East Hill Car Wash. The proposed, sign will be located on Pine Tree Road, Town of Ithaca Tax Parcel ' #62 :2-13 . 2 . Community f Commercial Zone (CC) . . APPEAL of Timothy S. Whittier, Owner i /Appellant, requesting area variances from the re- , i quirements of Chapter .i 270, Article VIII Section i 270-60 (C), to allow insuf- ficient side yard setbacks on property located at 213 King Road E . , Town of Ithaca Tax Parcel # 45 .- J 5 :l 2-3, a Low Density Resi- 1 dential (LDR) Zone. Said Zoning Board of Ap- peals will hear all persons in support of such matters. or objections thereto. As- sistance will be provided j for individuals with special needs; upon, request. Such , requests should be - made not less than 48 .hours pri- orto the public hearings. i Affidavit of Service by Mail State of New York) SS County of Tompkins) I, Paulette Terwilliger, being duly sworn , deposes and says , that deponcnt is not a party to the actions , is over 21 years of age and resides at 0 L. VJOCkk 5igeyv_ �0C /J That on thelOth day of April , 2009 , deponent served the within notice upon the following Parker, Marjorie Pletter , Ronald & Jamie Price , David E & May 106 Ridgecrest Rd 169 Whitetail Dr 209 E King Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 �iodriguez, Rodrigo Rincon , Belinda Seamon , Sonja M Smith , Aaron E Storm - Smith , Julie 5 E King Rd 212 East King Rd Anne Ithaca, NY 14850 Ithaca, NY 14850 110 Ridgecrest Rd Ithaca , NY 14850 Snead , Ernestine Stanion , Paul G & Mary K Swain , Julie 173 Whitetail Dr 109 Ridgecrest Rd 115 Ridgecrest Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Swartout , David A & Patricia L Sweeney, Paul D & Joanne Town of Ithaca 107 Ridgecrest Rd 167 Whitetail Dr 215 N Tioga St Ithaca, NY 14850 Ithaca, NY 14850 Ithaca , NY 14850 Town of Ithaca Wang , Albert Whittier, Loris 215 N Tioga St 195 King Rd E 213 E King Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Wrisley, Florence 202 Troy Rd 0aca, NY 14850 Bacorn , David P Belyea, Brian & Barbara Berkley, Robert 108 Ridgecrest Rd 165 Whitetail Dr 227 E King Rd aca, NY 148509449 Ithaca, NY 14850 Ithaca, NY 14850 Buckley, Devon K Burbank , David M & Illa G Chen , Sidney & Amy 104 Ridgecrest Rd 161 Whitetail Dr 302 Salem Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Conners , John & Joan Corbett, Eugene & Cinthia Deer Run Homeowners Asc Inc 171 Whitetail Dr 221 E King Rd 119 W Green St 2nd floor Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14851 Eckstrom , Daniel James Farley, Peter R & Kathleen M Franziska Racker Centers , Inc 122 Ridgecrest Rd 210 E King Rd 3226 Wilkins Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Gardner, Philip Gebauer, Johann & Anna Goodmark , Jeffrey D Citron , Jennifer 112 Ridgecrest Rd 117 Ridgecrest Rd 113 Ridgecrest Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 10 Hartung , Jeffery David Heath , Bernadette Henderson , Shane Rooks , Alison 204 E King Rd 116 Ridgecrest Rd 176 Whitetail Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Heritage Park Townhouses Inc Holm , Einar J Holm , Einar J 680 Ridge Rd 125 Ridgecrest Rd 125 Ridgecrest Rd Lansing , NY 14882 Ithaca, NY 14850 Ithaca, NY 14850 Hunter, Constance P Jasiniski , Mark & Peggy Kossack , Marion 2 Belted Kingfisher 216 E King Rd 208 Nelson Rd Fernandina Beach , FL 32034 Ithaca, NY 14850 Ithaca, NY 14850 Lofgren , Michael & Lisa Martin , Russell & Mary Miller, Frances R & Scott 163 Whitetail Dr 174 Whitetail Dr 172 Whitetail Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Montgomery, Deborah S Cove , Naftel , Richard W Oliver, Ronald B & Priscilla J drew 120 Ridgecrest Rd 129 Ridgecrest Rd 202 E King Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca , NY 14850 1093 Group LLC Cornell Federal Credit Union " Fri - King Venter 295 Main Street 1030 Craft Road I Technology PI Buffalo , NY 14203 Ithaca, NY 14850 East Syracuse , N Cornell University TCW Associates Inc . East Lawn Cem(1020 Ellis Hollow Road Douglas Bianchi 934 Mitchell Str Ithaca , NY 14850 1263 Ellis Hollow Road Ithaca, NY 148 Ithaca, NY 14850 Janivar Inc . Marc & Michaela Purdy Stella' s Realty L Sununcrhill Drive , Suite 222 18 Grandview Drive 403 College Av( Ithaca , NY 14850 Lansing , NY 14882 Ithaca, NY 148 Yunis Properties LLC 214 Church Street Elmira , NY 14901 by depositing same enclosed in a postage-paid address wrapper, in a post of under the exclusive care and custody of the United States P ' t ffic i in the State New York �� aulette Terwilliger Sworn to before me this / 3q` day of C �_ 2009 Notary Public CONNIE F. CLARK Notary Public , State of New York No . 01CL6052878 Qualified in Tompkins County Commission Expires December 26 , 20 �D FILE DATE ® Zoning Board of Appeals 215 North Tioga Street, Ithaca , NY 14850 Monday, April 20 , 2009 7 : 00 PM Present Board Members : Kirk Sigel (Chairperson ) , Harry Ellsworth , Ron Krantz , James Niefer, David Mountin , Susan Mann . Staff Members : Debby Kelley , Bookkeeper to the Supervisor (filling in as Secretary) ; Susan Brock , Attorney for the Town ; Bruce Bates , Director of Code Enforcement . Others : George Patte , Jr. , Attorney ; Timothy Whittier, Doug Bianchi . Call to Order Chairperson Sigel called the meeting to order at 7 : 03 p . m . He welcomed everyone to the April meeting of the Town of Ithaca Zoning Board of Appeals and announced there were two appeals before the board . The appeals would be taken in the following order: 1 ) Douglas Bianchi and 2 ) Timothy Whittier. APPEAL of Douglas G . Bianchi , Owner /Appellant, requesting the continuation of a variance from the requirements of Chapter 221 , -4 A(2 ) and Section 221 =7 C(4) of ® the Town of Ithaca Code permitting a new freestanding , off-premises sign for the East Hill Car Wash . The proposed sign will be located on Pine Tree Road , Town of Ithaca Tax Parcel #62 . =2- 13 .2 Community Commercial Zone (CC) . Doug Bianchi came before the Board and stated he was before the Board a year and a half ago and the variance he received at that time expired in February . He had a difficult time working with Cornell on an agreement that would allow for him to erect a sign on the property . Chairperson Sigel asked if the plans for the sign have changed . Mr. Bianchi responded that the patency of the electrical conduit was disrupted by the redevelopment in the area . He did know for certain if wires can be pulled through it ; if they are not able to then the sign will not be illuminated . Chairperson Sigel confirmed that the size of the sign and sign content are the same . Mr. Bianchi provided the Board with a copy of Cornell ' s proposed changes to the sign . The Board and Mr. Bianchi briefly discussed the minor changes Cornell made to the proposed sign . Chairperson Sigel asked Attorney Brock if she saw a problem with the Board moving the same resolution (ZB 2007-037) . Attorney Brock did not think that would be a problem , but thought that there was some confusion about the clock aspect of the sign when it was approved in August 2007 . She suggested that language be added to the Zoning Board of Appeals Minutes of April 20 , 2009 Final resolution to clarify the clock portion of the sign . Attorney Brock then asked if the clock was still going to be part of the sign . Mr. Bianchi responded that the clock would be part of the sign if they still have electricity to the site of the sign . Attorney Brock explained that the Zoning Board approved the sign in August 2007 as long as there was no sense of motion or blinking lights . Mr. Bianchi further explained that the only motion on the clock would be when the time changed . Attorney Brock thought that the 2007 Zoning Board ' s intent was to allow the clock . Chairperson Sigel confirmed that the clock would only show hours and minutes , not seconds . Attorney Brock asked if the clock' s colon would be blinking to tell the seconds . Mr. Bianchi thought that that feature of the clock was programmable and could be shut off . Chairperson Sigel said that he did not have a problem with a clock that changed once every minute , but he was not in favor of a clock feature that changed every second because it was close to the prohibition in the law on features that create a sense of motion . The intent of the sign law is to prevent a distraction . Mr. Bianchi responded that the clock would be similar to the Trust Company clock located on the West End . Chairperson Sigel solicited thoughts from the Board on the clock . Board Member Mann commented that the Trust Company sign on the West End changes between Centigrade and Fahrenheit . She thought that it would be a programmable feature on the sign to not have the colon blink and that her preference was for the colon not to ® blink . With no other questions or comments from the Board , Chairperson Sigel opened the public hearing at 7 : 11 p . m . There being no one , Chairperson Sigel closed the public hearing at 7 : 11 p . m . Chairperson Sigel moved to make a negative determination of Environmental Significance for the reasons stated in Part II of the Environmental Assessment Form prepared by Town Staff . Board Member Krantz seconded . Vote—carried unanimously . ZB RESOLUTION 2009=011 : Environmental Assessment, Sign Variance, Douglas Bianchi, Pine Tree Road, Tax Parcel No. 62. =2- 13.2 MOTION made by Chairperson Sigel, Seconded by Board Member Krantz. RESOLVED, that in regard to the appeal of Douglas Bianchi, this Board makes a negative determination of environmental significance for the reasons stated in Part 11 of the Environmental Assessment Form prepared by Town Staff. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin ® NAYS: None. Page 2 of 7 Zoning Board of Appeals Minutes of April 20 , 2009 Final Motion was carried unanimously. Chairperson Sigel then moved ZB Resolution No . 2007 -037 in its entirety with the addition of a 6th condition prohibiting the clock on the sign to show seconds and , if possible , no part of the clock shall blink . Board Member Ellsworth seconded . Vote— carried unanimously . ZB RESOLUTION 2009-012: Sign Variance, Douglas Bianchi, Pine Tree Road, Tax Parcel No. 62. =2- 13.2 MOTION made by Chairperson Sigel, Seconded by Board Member Ellsworth. RESOLVED, that this Board grants the appeal of Douglas Bianchi, requesting variances from the requirements of Chapter 221 of the Town of Ithaca Code be permitted to erect a new freestanding sign for the East Hill Carwash located at 383 Pine Tree Road, tax parcel number 62. -2- 13. 2 and 62. -2- 13. 6. community commercial zone. The proposal is to install a new approximately 69 square foot sign, 16 foot tall internally lit on Cornell University property at the new driveway entrance on Pine Tree Road. The sign will be located off-premise and includes a clock and the proposal includes a copy change section. CONDITIONS ® 1 . That the proposed sign shall not exceed 50 square feet in total sign area as defined in the Town of Ithaca sign law, which is Town Code section 221 , 2. That the applicant must obtain a sign permit prior to installing the sign, 3. That the submission of documentation that Cornell University has granted the necessary easement, license or other legal authorization to East Hill Carwash to allow the placement of the sign on Cornell property prior to issuance of any sign permit, 4 . That the sign have no copy change element, 5. That the setback from the side lot line be no less than 3 feet and the sign is permitted to be located off-premises, and 6. That while the clock element of the sign is allowed that the clock shall not show seconds and if possible, no part of the clock shall blink. FINDINGS 1 . That this Board of Appeals does find that the benefit to the applicant does outweigh the detriment to the health, safety, and welfare of the community. Page 3of7 Zoning Board of Appeals Minutes of April 20 , 2009 Final 2. The applicant's request as modified by the conditions of this variance, specifically that the benefit that the applicant wishes to achieve cannot be met by any other means feasible given that the applicant's business is located far back from a public road and therefore needs a sign on a separate tax parcel at the road. 3. That further it will not be an undesirable change in the neighborhood character, which are nearby properties, given that the sign as modified by this board is in keeping with the character of other signs nearby which are also conforming. 4 . That the request is not substantial, that the sign is conforming in size and is only nonconforming in location. 5. The request will not have adverse physical or environmental affects and the alleged difficulty is not self-created. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin NAYS: None. Motion was carried unanimously. ® APPEAL of Timothy S . Whittier, Owner/Appellant, requesting area variances from the requirements of Chapter 270 , Article VIII , Section 270=60 ( C), to allow insufficient side yard setbacks on property located at 213 King Road E . , Town of Ithaca Tax Parcel # 45 . =2-3 , a Low Density Residential ( LDR ) Zone . George Patte came before the Board and introduced himself and Tim Whittier. Chairperson Sigel asked if Mr. Patte had anything to add to the materials . Mr. Patte said that he received a hand written letter from Mr. and Mrs . Price of 209 King Rd E stating that they did not object to the proposed variances on the property . ( Letter filed with variance request . ) Chairperson Sigel noted that the insufficient side yard setback has existed since 1985 and that a pending sale brought attention to the issue . He said that Mr. Williams , Code Enforcement Officer, estimated the actual setback to be 9 feet . Attorney Brock explained that when the distance from the stairs to the side lot line is measured it is 9 feet . She went on to say that the survey dated November 7 , 2008 provided to the Town measures the distance from the corner of the building to the side lot line as 15 . 2 feet , but the stairs and the landing need to be counted as encroachment into the side yard . Chairperson Sigel solicited questions and comments from the Board . Alternate Board Member Mann asked why a Certificate of Occupancy was issued for the property if it did not comply with setback requirements . Chairperson Sigel explained that the house originally did not have living space above the garage . Mr. Whittier indicated that the living space was built as part of the original garage . Chairperson Sigel asked if the Page 4of7 Zoning Board of Appeals Minutes of April 20, 2009 Final garage and associated living space an addition to the house . Mr. Whittier believed it was an addition . Mr. Bates added that the garage was built in 1961 and other alterations were done in 1962 . He noted that to the Town ' s knowledge alterations have not taken place until the applicant recently applied for a building permit . Attorney Brock noted that the Certificate of Occupancy noted by Alternate Board Member Mann was issued by the Tompkins County Health Department for the septic system . She said that the Town may not have been issuing Certificates of Occupancy for single -family residences in that time period . Chairperson Sigel noted that in Mr. Williams ' letter he explained that the April 1961 building permit was issued to construct a one -story garage . He could presume that at that point the garage was not to include living space . Mr. Bates noted that the Town does not have a hard copy of the 1962 building permit so they do not have evidence of what the permit was for. Alternate Board Member Mann asked how much it costs to install a fire separation wall . Mr. Whittier answered that he is doing the work himself with the help of a friend and he estimated the total cost to be less than $ 1 , 000 . Alternate Board Member Mann asked if the Board could grant the appeal without the MP necessary fire separation wall . Mr. Bates explained that the fire separation wall had nothing to do with the request for the variance . The building permit application for the fire separation wall triggered the Town ' s noticing that the property was not compliant . He believed that the property would be compliant without the porch . Chairperson Sigel said that the fire separation wall is a Code issue and is not something that the Board could allow them not to do . Board Member Ellsworth added that the fire separation wall was also needed to prevent car fumes from getting into the living space . Attorney Brock reiterated that the only issue before the Board was the side lot line variance . She did not think it was necessary to specify anything about the fire separation wall because it' s a Code issue . Alternate Board Member Mann noted that it is a substantial variance because a 40 foot setback is required . Chairperson Sigel did not know if the original house complied with the 40 foot setback . Mr. Bates asked what the size of the garage is . Mr. Whittier's response was not audible. Chairperson Sigel asked if any variances have been granted on the property . Mr. Bates said that there were no variances found . Board Member Krantz said it seemed as if the Board had three choices : 1 ) move that the house be destroyed , 2 ) that the house be moved , or 3 ) allow a variance for the side yard setback . Chairperson Sigel did not think it could even be moved because it looked as if the other side of the house is also too close to the lot line . Page 5 of 7 Zoning Board of Appeals Minutes of April 20, 2009 Final Attorney Brock stated that the property was advertised as requiring area variances for insufficient side yard setbacks . She suggested that if the Board moves to grant the variance , they should be clear that the variance is being granted for both side yard deficiencies . Brief discussion took place regarding the setback requirements at the time the house and garage were built . With no other questions or comments , Chairperson Sigel opened the public hearing at 7 : 35 p . m , and invited members of the public to address the Board . There being no one , Chairperson Sigel closed the public hearing at 7 : 35 p . m . Chairperson Sigel then moved to grant the appeal of Timothy Whittier with conditions on side yard setbacks and finding that all requirements of an area variance had been met . Board Member Ellsworth seconded . Vote—carried unanimously . ZB RESOLUTION 2009-013: Area Variance, Timothy Whittier, 213 King Rd E, Tax Parcel No. 45. -2-3 MOTION made by Chairperson Sigel, Seconded by Board Member Ellsworth. RESOLVED, that this Board grants the appeal of Timothy Whittier, requesting area variances from the requirements of Chapter 270, Article Vlll, Section 270-60C to allow insufficient side yard setbacks on the property located at 213 King Road East, Town of Ithaca Tax Parcel No. 45. -2-3, Low Density Residential Zone, with the following: Conditions 1 . That the west side yard setback be no less than 33 feet, 2. That the east side yard setback be no less than 8 feet, and 3. That there be no additional construction within any required yard setbacks that increases the footprint of the existing structure. Findings That the benefit to the applicant outweighs any detriment to the health, safety, and welfare of the community. Specifically: 1 . That the benefit that the applicant wishes to achieve cannot be achieved by any other feasible means given that the house has existed on this property in its present state for many years and there is no feasible means to bring it in to Ah compliance other than to destroy a significant portion of the house, Page 6 of 7 Zoning Board of Appeals Minutes of April 20 , 2009 Final 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that the property has existed in its present state for at least 20 years, 3. This Board finds that the request is substantial being a setback of approximately 9 feet where a requirement of 40 feet is in place, 4. That there will not be adverse physical or environmental affects, and 5. That the alleged difficulty is not self-created given that the garage addition and the living space above the garage were built many years before the current owners became the owners of the property. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin NAYS: None. Motion was carried unanimously. Adjournment Chairperson Sigel adjourned the meeting at 7 : 40 p . m . Kirk` Sigel , Chai person "/Uo Carrie Coates WAAmlore , First Deputy Town Clerk Page 7 of 7 FILE DATE f ADOPTED RESOLUTION ZB RESOLUTION 2009-011 Environmental Assessment Sign Variance Douglas Bianchi Pine Tree Road Tax Parcel No . 62 . -2-13 . 2 April 20 , 2009 MOTION made by Chairperson Sigel , Seconded by Board Member Krantz . RESOLVED , that in regard to the appeal of Douglas Bianchi , this Board makes a negative determination of environmental significance for the reasons stated in Part II of the Environmental Assessment Form prepared by Town Staff . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Mountin NAYS : None . Motion was carried unanimously . STATE OF NEW YORK) ® COUNTY OF TOMPKINS) SS : TOWN OF ITHACA : I , Carrie Coates Whitmore , First Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 20th day of April 2009 . First Deputy To Clerk Town of Ithaca FILE DATE 1 ADOPTED RESOLUTION ZB RESOLUTION 2009=012 1 Sign Variance Douglas Bianchi Pine Tree Road Tax Parcel No . 62 . =2-13 . 2 April 20 , 2009 MOTION made by Chairperson Sigel , Seconded by Board Member Ellsworth . RESOLVED , that this Board grants the appeal of Douglas Bianchi , requesting variances from the requirements of Chapter 221 of the Town of Ithaca Code be permitted to erect a new freestanding sign for the East Hill Carwash located at 383 Pine Tree Road , tax parcel number 62 . -2 - 13 . 2 and 62 . -2 - 13 . 6 , community commercial zone . The proposal is to install a new approximately 69 square foot sign , 16 foot tall internally lit on Cornell University property at the new driveway entrance on Pine Tree Road . The sign will be located off-premise and includes a clock and the proposal includes a copy change section . CONDITIONS 1 . That the proposed sign shall not exceed 50 square feet in total sign area as defined in the Town of Ithaca sign law , which is Town Code section 221 , 2 . That the applicant must obtain a sign permit prior to installing the sign , 3 . That the submission of documentation that Cornell University has granted the necessary easement , license or other legal authorization to East Hill Carwash to allow the placement of the sign on Cornell property prior to issuance of any sign permit , 4 . That the sign have no copy change element , 5 . That the setback from the side lot line be no less than 3 feet and the sign is permitted to be located off- premises , and 6 . That while the clock element of the sign is allowed that the clock shall not show seconds and if possible , no part of the clock shall blink . FINDINGS 1 . That this Board of Appeals does find that the benefit to the applicant does outweigh the detriment to the health , safety , and welfare of the community . 2 . The applicant ' s request as modified by the conditions of this variance , specifically that the benefit that the applicant wishes to achieve cannot be met by any other ZB RESOLUTION NO . 2009-012 PAGE 2 means feasible given that the applicant ' s business is located far back from a public road and therefore needs a sign on a separate tax parcel at the road . 3 . That further it will not be an undesirable change in the neighborhood character, which are nearby properties , given that the sign as modified by this board is in keeping with the character of other signs nearby which are also conforming . 4 . That the request is not substantial , that the sign is conforming in size and is only nonconforming in location . 5 . The request will not have adverse physical or environmental affects and the alleged difficulty is not self-created . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Mountin NAYS : None . Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA : I , Carrie Coates Whitmore , First Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 20th day of April 2009 . First Deputy Town Clerk Town of Ithaca FILE DATE ADOPTED RESOLUTION ZB RESOLUTION 2009=013 4 4D Area Variance Timothy Whittier 213 King Rd E Tax Parcel No . 45 . =2=3 April 20 , 2009 MOTION made by Chairperson Sigel , Seconded by Board Member Ellsworth . RESOLVED , that this Board grants the appeal of Timothy Whittier, requesting area variances from the requirements of Chapter 270 , Article VIII , Section 270-60C to allow insufficient side yard setbacks on the property located at 213 King Road East , Town of Ithaca Tax Parcel No . 45 . -2 -3 , Low Density Residential Zone , with the following : Conditions 1 . That the west side yard setback be no less than 33 feet , 2 . That the east side yard setback be no less than 8 feet , and 3 . That there be no additional construction within any required yard setbacks that increases the footprint of the existing structure . Findings That the benefit to the applicant outweighs any detriment to the health , safety , and welfare of the community . Specifically : 1 . That the benefit that the applicant wishes to achieve cannot be achieved by any other feasible means given that the house has existed on this property in its present state for many years and there is no feasible means to bring it in to compliance other than to destroy a significant portion of the house , 2 . That there will not be an undesirable change in the neighborhood character or to nearby properties given that the property has existed in its present state for at least 20 years , 3 . This Board finds that the request is substantial being a setback of approximately 9 feet where a requirement of 40 feet is in place , 4 . That there will not be adverse physical or environmental affects , and 5 . That the alleged difficulty is not self-created given that the garage addition and the living space above the garage were built many years before the current owners became the owners of the property . ZB RESOLUTION NO . 2009-013 PAGE 2 A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Mountin NAYS : None . Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA : I , Carrie Coates Whitmore , First Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 20th day of April 2009 . First Deputy Town Clerk Town of Ithaca