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HomeMy WebLinkAboutZBA Minutes 2003-05-19 TOWN OF ITHACA ZONING BOARD OF APPEALS MONDAY, MAY 19, 2003 7:00 P.M. PRESENT: Kirk Sigel, Chairperson; Ronald Krantz, Board Member; Andrew Frost, Director of Building & Zoning; John Barney, Attorney for the Town; Michael Smith, Environmental Planner. EXCUSED: Harry Ellsworth, Andrew Dixon OTHERS: David Hall, 1553 Coddington Road; Thomas Bell, 5401 Curry Road, Trumansburg; Marilyn Patterson, 909 Taughannock Boulevard; Bonnie Mathers, 909 Taughannock Boulevard; Amanda Ufford, 147 Honness Lane; Curt Ufford, 147 Honness Lane. Chairperson Sigel called the meeting to order at 7:04 p.m. Chairperson Sigel — Good evening. Welcome to the May meeting of the Zoning Board of Appeals. This evening we only have two appeals. The first is that of David Hall and Thomas Bell. The second appeal is that of Bonnie Mathers. APPEAL : David Hall, Appellant, Thomas Bell, Owner, requesting modification of a previously granted variance from the requirements of Article VIII, Section 41 of the Town of Ithaca Zoning Ordinance, to be permitted to conduct retail sales to walk-in customers from a commercial building located at 614 Elmira Road, Town of Ithaca Tax Parcel No. 33-3-2.42, Light Industrial District. Retail sales are not permitted in said district. Chairperson Sigel opened this segment of the meeting at 7:05 p.m. Chairperson Sigel —Would one of you like to come up to the microphone, state your name and address and give us a brief overview. David Hall, 1553 Coddington Road - The property in question is at 614 Elmira Road. If you've had a chance to see the letter that goes along with this, it pretty much sums it up. A quick overview is that we came in a couple of years ago wanting to do retail in this light industrial area. That was approved. The business we profiled had a traffic pattern which is precisely on par with what we anticipate for this slightly altered plan. At the time, we were talking about having people bring in merchandise that we would sell for them on line. Over the last couple of years, we've been selling stuff of our own and have amassed this large book inventory and that has really emerged as a viable concern. More viable than the original idea. At this point, the business sells strictly on line and we need to augment that with some live retail trade to support the overhead of such a concern and we're not competitive with everyone else who does that business. To stay at that property, we need to be doing it. It's a retail rent. What we want to do —we had mentioned at the original meeting that there would be no sales to customers and that ended up being recorded. So, obviously, we would be in violation of that. We're here to have that line removed, amend any other 1 language that seems like it should be changed to afford that. There should be no impact to that area environmentally of traffic wise comparing the two models. If anything, there will be less. There will be less large things. People are just carrying out a book instead of bringing in an espresso machine or something. There is less large items being handled. Less traffic, if anything and certainly less shipping companies stopping by, you know UPS coming by. If anything, it's a less impactful idea than was accepted last time. Chairperson Sigel — How many people do you have averaging a day now that bring stuff for you to sell for them? Mr. Hall —We never did open that idea. We existed inside the building —we've had a few clients, just through word of mouth where we've picked up things and we've done estates that way. We haven't actually had that foot traffic coming and going. The book business kind of took off at the same time so it's been a juggling act and that's blossomed out and that wants to be a store now. Chairperson Sigel —Are you acquiring all of the books locally? Mr. Hall —Well, it depends on how you define locally. Northeast, we go as far as Maine. Chairperson Sigel — Do you drive to those locations and get them. Mr. Hall — Yes, typically. It's mostly auctions. Chairperson Sigel — I assume you've read the motion from last time, read the resolution that was passed and you've determined that you'll be in compliance with everything in that motion, except for item "e"? Mr. Hall — Yes. Chairperson Sigel — Okay. So, from your point of view, just removing restriction "e" would suit your needs? Mr. Hall — Yes. I sent Andy Frost a letter that was formally asking him what he thought we needed to do to be in compliance. I hadn't noticed that line. Originally, he was going to speak with, I don't know who, to see if there was any need to come before you. Then we found that sentence and said, well, with that there, we're going to have to go to the Zoning Board and have that officially altered. Mr. Niefer— Since you are going to be opening your business to walk in customers, will you be putting up a sign on the building now to identify your operation, location and so on? Mr. Hall — There's an existing sign now from the Bell Grocery. A large lighted sign by the side of the road, we would simply change the base plate from a big orange bell to a big orange book or something. Chairperson Sigel — Maybe Mr. Bell knows this, is that sign, do you know if that's a legal size or does that have a variance? 2 Mr. Bell — That's legal size. Chairperson Sigel — Any other questions or concerns? I see you have a sketch plan of the layout here. Have you already made the interior modifications? Mr. Hall —Well, this roughly follows what already exists. Some of the elements shift slightly. It's all portable shelving. Chairperson Sigel — Did Andy tell you if you needed a building permit to do the interior changes or not? Mr. Hall — There's two interior walls that we'd like to add. I am in discussion with Andy, if we need one, we'll get one. It was part of the previous building plan and then as the business started to change and it looked like we no longer were confident we wanted those walls. So, we're back to wanting some walls. If we need one, though, we'll be getting one. Chairperson Sigel — Mike, any comments? Mr. Smith — Nothing really to add. It's a small change and it doesn't appear that the traffic is going to be anything significant from what it was presented as the last time. Chairperson Sigel — Do you have any idea of how many customers you anticipate a day? Mr. Hall —When I drive by some of the large book barns in Dryden and Cortland, I never see more than five or six cars in the lot. More often there's one or two. They're running an inventory that's roughly two to three time of what we're doing. I'd expect never more than a handful at a time. Chairperson Sigel — Okay. Chairperson Sigel opened the Public Hearing at 7:11 p.m. With no persons present to be heard, Chairperson Sigel closed the Public Hearing at 7:12 p.m. Chairperson Sigel — John, on this one the applicant is just requesting to have one condition of a previous resolution removed, this is regarding the first appeal. My sense is that the other Board Members don't object. Can we just make a motion, basically saying that for the same reasons stated in the original appeal, we remake the motion without that one condition? Mr. Barney— You can do that or you can do a motion modifying the previous decision by deleting that one condition. I'm looking here to find what we have. Mr. Krantz— Can I move the Environmental Assessment? 3 ZB RESOLUTION NO. 2003-026: ENVIRONMENTAL ASSESSMENT: Thomas Bell-, 614 Elmira Road,Town of Ithaca Tax Parcel No. 33.-3-2.42, Light Industrial District MOTION made by Ronald Krantz, seconded by James Niefer. RESOLVED, that this Board makes a negative determination of environmental significance in the appeal of David Hall, Appellant, Thomas Bell, Owner, requesting modification of a previously granted variance from the requirements of Article VIII, Section 41 of the Town of Ithaca Zoning Ordinance, to be permitted to conduct retail sales to walk-in customers from a commercial building located at 614 Elmira Road, Town of Ithaca Tax Parcel No. 33-3- 2.42, Light Industrial District. Retail sales are not permitted in said district. This motion is based upon the Environmental Assessment Form prepared by Town staff dated May 5, 2003. The vote on the MOTION resulted as follows: AYES: Sigel, Krantz, Niefer NAYS: NONE ABSENT. Ellsworth, Dixon The MOTION was declared to be carried unanimously. Chairperson Sigel — Should I move to just simply strike that from that motion. Mr. Barney— Just move that the condition imposed by the Resolution Number 2001-011 of February 26, 2001, that there be no sale of merchandise to walk in customers on the premises be deleted from the approval that was given at that time. Chairperson Sigel — Okay. So moved. ZB RESOLUTION NO. 2003-027: Thomas Bell , 614 Elmira Road, Town of Ithaca Tax Parcel No. 33.-3-2.42, Light Industrial District . MOTION made by Kirk Sigel, seconded by Ronald Krantz. RESOLVED, that this Board grants the appeal of David Hall, Appellant, Thomas Bell, Owner, requesting that condition (e) (there be no sale of merchandise to walk-in customers on the premises) imposed by Resolution No. 2001-011 of February 26, 2001, be removed. The vote on the MOTION resulted as follows: AYES: Sigel, Krantz, Niefer NAYS: NONE ABSENT. Ellsworth, Dixon 4 The MOTION was declared to be carried unanimously. Chairperson Sigel — Okay, you're all set. Thanks. APPEAL : Bonnie Mathers, Appellant, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to construct a two-story garage with storage area on a non-conforming building lot located at 909 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2-9, Residence District R-15. Variances from Article IV, Sections 13 and 14 are also requested to permit an accessory building with a height of 22 + feet (15 foot height limit), with side yard building setbacks of 4 + feet (10 foot minimum required) and a location in front of the principal building (in the front yard). Bonnie Mathers, 909 Taughannock Boulevard — Did you understand all that, because I didn't. Chairperson Sigel —Well, I already read the appeal so, I sort of understood it. Ms. Mathers — That's what I want to do. It's two variances, I guess that I would violate. One would be a variance from the boundary lines because it being such a small lot. The other variance would be the height, I believe is 15 in grade and I'm going 22. So I would go seven feet over. I did try to keep it very small and contained because it is a small lot and I don't want an odd looking building on something like that because I take pride in my property. The way it reads there as a two story garage, it's all the same thing. It's a car port, four poles, a flat floor, four foot height wall with a pitched roof. That's it. The shed that I think gets confused is,- do you have the designs there or any thing? This one page right here, it's the floor plan, I think. This is the way it would be. I don't know if they call that a two story garage. The shed is this little thing over here on the sides. It's a retaining wall that I'm just going to put a roof on and lean it up against the wall. It's probably about nine feet in width and six feet across or something, for like a snow blower and stuff. The building itself is going to be approximately 23 feet by 18 and that doesn't even fit my ranger truck with a king cab, so I'm going to do like a two foot over hang and again, I'm keeping all this back because I want to be able to turn around if we have a big truck down there. I've already put a retaining wall on the other side of the driveway to be able to pull up and to back in, so I have taken care of the turn around space. Chairperson Sigel — So what you would call the first floor then is just the ground. Ms. Mathers — It's the ground with holes in it. It's going to set on poles, but in the back of it because the retailing wall is there in the bank, there will be a back wall with a retaining wall coming up and the one right side, we have to extend that to come out and we're setting the poles on the outside of that. There will be no support on that retaining wall. Mr. Frost— I've advertised that way to be on the safe side since most of our garages just have a one level roof. 5 Chairperson Sigel — How will you access the storage area? Ms. Mathers- There is going to be stairs going up to the side of the building, which would be to the north of the building. I don't have stairs right now to 89 because they were torn out by the previous owner to put water lines in and stuff. So, on the side of the building, I'm going to build stairs that will go up to the side of the building and go in the back door. Chairperson Sigel —Will those stairs be on grade the whole way? Just built into the slope? Ms. Mathers — Kind of, yeah. Chairperson Sigel — Okay. Ms. Mathers — This is the first thing that I've ever had an architect design for me, so I'm still learning how to read everything. Right here would be the back of the building and here would be your door and the stairs are coming up this way. Chairperson Sigel — So the grade meets the storage area in the back. Ms. Mathers — You have to dig out a couple of feet. I can show you. You have to dig out, he showed it right here, this is the north view of it when looking at it. The stairs will come up this side and this is where you see right here, this would come out like a couple of feet right in there and you would just have stairs and a platform. You have to have that because you only have a four foot wall and we're trying to put an eight foot door to meet the requirements. Chairperson Sigel —Any other questions? Mr. Niefer—What utilities are going to be in this second floor storage area? Ms. Mathers — I want to put electric in the building eventually. Mr. Niefer— No heat, no water? Ms. Mathers — No, it's not going to be an efficiency apartment, nothing. Mr. Niefer— No summer campers up there? Ms. Mathers — I may throw a few great nieces up there if they get rowdy down in the house. Chairperson Sigel — Have you discussed this with your neighbors? Ms. Mathers — I let them all know about it. There are two of them sitting right there. Chairperson Sigel — Okay. Ms. Mathers — I've discussed it with them. 6 Mr. Niefer— Did the usual notices go out and a large sign? Ms. Mathers —A sign went up on April 19tH Mr. Krantz— It seems like what is actually going to happen is less significant than the way it reads. Ms. Mathers — Yes. When I got that, it looked like I was putting up a two story garage, plus a shed that was 22 feet beside it. Chairperson Sigel —As Mike pointed out in the Environmental Assessment, you probably won't even be able to see it from the road. Mike, any comments? Mr. Smith — Nothing really to add. Like you just mentioned, it doesn't appear that it will be visible from the road and there is already a house between where the garage is going to be and the lake, so it won't be very visible there and there is established vegetation on both sides of it. Chairperson Sigel opened the Public Hearing at 7:21 p.m. Chairperson Sigel — If you'd like to speak, please come forward and state your name and address for the record. Curtis Ufford, 147 Honness Lane — I own 911 Taughannock Boulevard, we're the neighbors. The setback requirement of ten feet is not a problem. We are all very tight through there and we're used to living that way. The height variance is also not a problem because the garage is going to be set back into the bank, so it's not going to really rise above anything and it's not going to bother anybody. Mr. Frost— So you're to the north of their house. Mr. Ufford — 911 to the north. Chairperson Sigel — So you don't have any objections? Mr. Ufford —We have no objections. Mr. Frost— The telephone call I got was from the neighbor to the south and they also have no objection to the garage. Chairperson Sigel closed the Public Hearing at 7:24 p.m. Chairperson Sigel — Any further comments or questions? Would someone like to make a motion on the Environmental Assessment? 7 ZB RESOLUTION NO. 2003- 028: ENVIRONMENTAL ASSESSMENT : Bonnie Mathers, 909 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25.-2-9, Residence District R-15. MOTION made by Ronald Krantz, seconded by James Niefer. RESOLVED that this Board makes a negative determination of environmental significance in the appeal of Bonnie Mathers, Appellant, requesting authorization from the Zoning Board of Appeals under Article X11, Section 54 of the Town of Ithaca Zoning Ordinance, to construct a two-story garage with storage area on a non-conforming building lot located at 909 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2-9, Residence District R- 15. Variances from Article IV, Sections 13 and 14 are also requested to permit an accessory building with a height not to exceed 23 feet, with side yard building setbacks no less than 3 % feet on each side and a location in front of the principal building (in the front yard), based upon the Environmental Assessment Form prepared by Town staff dated May 6, 2003. The vote on the a MOTION resulted as follows: AYES: Sigel, Krantz, Niefer NAYS: NONE ABSENT. Ellsworth, Dixon The MOTION was declared to be carried unanimously. ZB RESOLUTION NO. 2003- 029: Bonnie Mathers, 909 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25.-2-9, Residence District R-15. MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED that this board grants the appeal of Bonnie Mathers, Appellant, requesting authorization from the Zoning Board of Appeals under Article X11, Section 54 of the Town of Ithaca Zoning Ordinance, to construct a two-story garage with storage area on a non- conforming building lot located at 909 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2-9, Residence District R-15. Variances from Article IV, Sections 13 and 14 are also granted to permit an accessory building with a height of not more than 23 feet, with side yard building setbacks of no less than 3 % feet on each side and a location in front of the principal building (in the front yard). FINDINGS: a. The requirements for area variances have been satisfied. CONDI TIONS: 8 a. The only utility allowed in the structure is electricity. b. No heating or plumbing is allowed in the structure. c. The structure be built as indicated in the plans submitted by the applicant. The vote on the a MOTION resulted as follows: AYES: Sigel, Krantz, Niefer NAYS: NONE ABSENT. Ellsworth, Dixon The MOTION was declared to be carried unanimously. Chairperson Sigel —Any other official business? Chairperson Sigel adjourned the May 19, 2003 meeting of the Town of Ithaca Zoning Board of Appeals at 7:26 p.m. Kirk Sigel, Chair Lori Waring, Deputy Town Clerk 9