HomeMy WebLinkAboutBZA Decision Letter - Appeal 2982 - 815 S. Aurora St. (Modern Living Rentals) - 06-05-15NTH CITY OF ITHACA
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oo 00 °°°0 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
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may° °0001° °°°�00 PHYLLIS RADKE, DIRECTOR OF ZONING ADMINISTRATION
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CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings &Decision
Applicant: Noah Demarest for Modern Living Rentals
Appeal No.: 2982
Zoning District: R -2a
Hearing Held on: June 2, 2015
Board Members: Steve Beer, Chair, Moriah Tebor, Marshall McCormick, Steve Wolf, Teresa Deschanes.
Property Location: 815 S. Aurora St.
Requirement for Which Interpretation is Requested: Interpretation of fall zone requirement for
telecommunications towers.
Applicable Section of City Zoning Code: Zoning Ordinance, Article VA, Telecommunication Facilities and
Services, 325 -29.9 A. (1): "No habitable structure or outdoor area where people congregate shall be
within a fall zone of two times the height of the PWSF or its mount."
During the hearing, the applicant was advised about a letter written to the Board from the City Attorney
concerning the requested interpretation. The City Attorney advised the Board that the Director of
Zoning Administration's fall zone interpretation is the only interpretation allowed by the Zoning
Ordinance and that the Director of Zoning Administration's decision should be upheld. Board Chair,
Steve Beer, explained that evidence presented by the applicant could be legitimate considerations, if
Common Council were to consider reducing the fall zone or if the applicant had applied for an Area
Variance.
Determination of BZA:
By unanimous vote, the Board voted not to hold a Public Hearing and dismissed the case.
DISMISSED
June 5, 2015
Secret rd of Zoning Appeals, Date
Director of Zoning Administration