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HomeMy WebLinkAboutBZA Decision Letter - Appeal 2982 - 815 S. Aurora St. (Modern Living Rentals) - 06-05-15NTH CITY OF ITHACA p� 0 ° ° ° ° ° ° ° ° ° °�Cti 108 E. Green Street 3rd Floor Ithaca, NY 14850 -5690 oo 00 °°°0 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT ° ° H° ' �� ° v o ooa 0 Division of Zoning may° °0001° °°°�00 PHYLLIS RADKE, DIRECTOR OF ZONING ADMINISTRATION c��pORATE�� Telephone: Planning & Development — 607 - 274 -6550 E -Mail: cpyott@cityofithaca.org 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