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HomeMy WebLinkAboutZBA Minutes 2010-11-15 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, NOVEMBER 15, 2010 215 North Tioga Street, Ithaca 7 : 00 P. M . Appeal of Alejandro Parra , owner, requesting Special Approval from the requirements of Chapter 270 , Section 270-57 "Accessory Buildings and Uses Authorized by Special Approval Only" and variances from the requirements of Section 270-57B (3) and Section 270-5713(5) of the Town of Ithaca code to be permitted to construct an apartment in a detached garage located at 653 Coddington Rd , Tax Parcel No . 48 . - 1 -3 , Low Density Residential . Proposed apartment would be located within the 40 foot side yard setback requirement and exceed 50% of the floor area of the primary dwelling . Appeal of Margaret Rumsey, owner, Hugh Rumsey, Agent, requesting a variance from the requirements of Chapter 270 , Section 270-54 " Permitted Principal Uses" of the Town of Ithaca Code and a modification of an existing variance (granted March 9 , 1988) to be permitted to operate a craft store and landscape business with outside storage at 116 Buttermilk Falls Rd E , Tax Parcel No . 38 . - 1 -3 , Low Density Residential . The variance granted on March 9 , 1988 prohibits outside storage of materials other than in the dumpster. ® Appeal of College Crossings, LLC , owner, Evan Monkemeyer, Agent, requesting variances from the requirements of Chapter 270 , Section 270- 116 "Height Limitations" , Section 270- 122C "Additional Special Requirements" , Section 270- 127C " Principal Uses Authorized by Special Permit Only" , and Section 270- 128 "Maximum Building Size" of the Town of Ithaca Code to be permitted to construct a 19 , 828 t sq ft commercial building for the College Crossings development located at 1061 Danby Rd , Tax Parcel No . 43 . - 1 -3 . 22 , Low Density Residential and Neighborhood Commercial . Appeal of Ithaca College , Richard Couture , Agent, requesting a variance from the requirements of Chapter 225 , Section 225-3 A (37) "New Buildings Required to Have Sprinkler Systems" of the Town of Ithaca Code to be permitted construct a one-story cabin without the installation of a Town required sprinkler system located at 950 Danby Rd , Tax Parcel No . 41 . - 1 -30 . 2 , Medium Density Residential . Assistance will be provided for individuals with special needs , upon request; 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 : November 4 , 2010 Published : November 6 , 2010 FILE DATEf D ® ZONING BOARD of APPEALS Monday, November 15, 2010 7 : 00 p . m . Present : Kirk Sigel , Chair; Board Members : Harry Ellsworth , Ron Krantz , James Niefer, and Bill King . Excused : Dave Mountin , Board Member. Staff Present : Bruce Bates , Director of Code Enforcement; Susan Brock , Attorney for the Town ; Carrie Coates Whitmore ; Deputy Town Clerk, Others : Alejandro Parra , Parra Family, Claudia Brenner, Hugh Rumsey , Steve Geld , Evan Monkemeyer, James Knittel , and Rick Couture . Call to Order Chairperson Sigel called the meeting to order at 7 : 05 p . m . Appeal of Alejandro Parra, owner, requesting Special Approval from the requirements of Chapter 270, Section 270-57 " Accessory Buildings and Uses ® Authorized by Special Approval Only" and variances from the requirements of Section 270=57B(3) and Section 270=57B(5) of the Town of Ithaca code to be permitted to construct an apartment in a detached garage located at 653 Coddington Rd, Tax Parcel No. 48.-1 -3 , Low Density Residential . Proposed apartment would be located within the 40 foot side yard setback requirement and exceed 50% of the floor area of the primary dwelling . Alejandro Parra and Claudia Brenner appeared before the Board . Chairperson Sigel asked if Mr. Parra would like to add anything to his application . Mr. Parra corrected that that the proposed apartment would be 50% less than the main dwelling unit. Chairperson Sigel asked about the square footage of the proposed apartment . Ms . Brenner explained that the 1 st floor is approximately 1898 sq ft and the proposed apartment falls well below that. Attorney Brock noted that Mr. Williams estimated the square footage of the proposed apartment to be 765 sq ft . After a brief discussion , it was determined that the proposed apartment is approximately 750 sq ft. Chairperson Sigel stated that the dwelling unit outside of the main home requires a special approval . One of those criteria is a 40 foot setback, which a variance is needed for. He wondered if there were any other deficiencies with regard to the requirements for special approval . Attorney Brock pointed out that some of the requirements are subjective determinations the board had to make . ® Mr. Ellsworth asked about the issue of inadequate ceiling height. Chairperson Sigel noted that that concern was related to the dwelling units in the basement, but those Zoning Board of Appeals Minutes of November 15 , 2010 Final have been removed . Mr. Bates explained that the Town originally found 3 illegal apartments prior to Mr. Parra purchasing the property. Mr. Parra has been systematically correcting the problems . All apartments in the main residential building have been removed . Mr. Parra is trying to make the property compliant. Ms . Brenner explained that the basement is being used only as a basement now ; the problem with the ceilings has been corrected . Ms . Brenner called attention to the surrounding properties and noted that most of the land around the property is vacant land . She thought that the garage apartment was the most reasonable to maintain and most reasonable to keep of the four apartments previously on the property . Mr. Niefer noted that the dimensions of the garage apartment have not changed . Ms . Brenner called the Board ' s attention to the drawings and said that the size of the garage apartment has not been increased , but modifications are proposed to bring the apartment up to. Code . Chairperson Sigel noted construction debris located on the adjacent property. Mr. Parra said that the previous owner accumulated a lot of stuff over the 50 years that they lived there . Chairperson Sigel wanted to make it a condition of approval that the materials be removed from the property. After much discussion , the Board felt it would be unreasonable to require Mr. Parra to clean up property he did not own . Chairperson Sigel noted that Mr. Mountain was absent so Mr. King would be voting . Chairperson Sigel opened the public hearing at 7 : 18 p . m . Mrs . Parra came before the Board and spoke in support of the proposed appeal . Environmental Assessment Chairperson Sigel solicited comments regarding the environmental assessment . Attorney Brock proposed corrections to #6 & #7 of PART I of Environmental Assessment Form . Item #6 should state , " less than 1 acre" for all years listed and item #7 add , "Low Density Residential . " (Changes are marked in blue pen on Part I . ) Chairperson Sigel moved to make negative determination of environmental significance based on the information in Part I and II of the Environmental Assessment Form , Mr. Niefer seconded . Vote—Carried Unanimously . ZB RESOLUTION 2010-029: Environmental Assessment, 653 Coddincrton Rd, Tax Parcel No. 48. 4 =3 MOTION made by Kirk Sigel, seconded by James Niefer. Page 2 of 15 Zoning Board of Appeals Minutes of November 15 , 2010 Final Resolved, in regards to the appeal of Alejandro Parra, that this Board makes a negative determination of environmental significance based on the information in Part I and Part 11 Environmental Assessment Form. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, and King NAYS: None. Motion was carried unanimously. Chairperson Sigel closed the public hearing at 7 : 19 p . m . Chairperson Sigel asked for the setback distance on the back side of the garage . Ms . Brenner estimated it to be 12 feet. Chairperson Sigel moved to grant the appeal specifically listing how the criteria for the special approval and area variance had been satisfied , with conditions on rear and side yard setback dimensions and apartment construction . Mr. Niefer seconded . Vote— Carried Unanimously, ZB RESOLUTION 2010-030: Special Approval and Area Variance, 653 Coddington Rd, Tax Parcel No. 48. = 1 =3 MOTION made by Kirk Sigel, seconded by James Niefer. Resolved, that this board grants the appeal of Alejandro Parra, requesting Special Approval from the requirements of Chapter 270, Section 270-57 and a Variance from the requirements of Section 270-57B(3) of the Town of Ithaca Code to be permitted to construct an apartment in a detached garage located at 653 Coddington Road, Tax Parcel No. 48. - 1 -3, Low Density Residential Zone. The proposed apartment will be located within the 40 foot side yard setback requirement with the following: Conditions: 1 . That the side yard setback be no less than 6 feet and the rear yard setback be no less than 10 feet, 2. That the apartment be constructed as indicated on the plans submitted by the applicant to this Board, and Findings for the Area Variance. ® That the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community, specifically: Page 3 of 15 Zoning Board of Appeals Minutes of November 15 , 2010 ® Final 1 . The benefit the applicant wishes to achieve cannot be achieved by any other means feasible given that they want to renovate an existing garage to contain an apartment and that garage is already within the 40 foot setback, 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that this house and garage have existed for many years and that there are no nearby neighbors, 3. That while the request is substantial, a setback of less than 10 feet where 40 feet is required, but nevertheless the benefit does outweigh any detriment to the health, safety, and welfare of the community, 4. The request will not have any adverse physical or environmental effects, and 5. That while the alleged difficulty is self-created, nevertheless the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community. Findings for the Special Approval: The requirements of Chapter 270, Section 270-200 for special approvals are met and ® that the criteria in Section 270-57B are met, specifically: 1 . The location of the second dwelling and the building in which it is located do not adversely impact in any significant manner the adjoining neighbors given that there are no nearby adjoining neighbors and that the garage already exists and has had an apartment in it for some amount of time already without having any apparent impact on anybody, 2. That the requirement that it be at least 40 feet away from any side boundary lot has been relaxed by the granting of a variance and it is not being constructed in any required front yard, 3. That there is adequate off-street parking for the proposed number of occupants in both the principle building and the second dwelling unit, 4. That the second dwelling unit does not exceed 50 % of the floor area of the primary dwelling unit, 5. That the second dwelling unit is located in a building that is accessory to the principle dwelling, namely a garage, 6. That the building containing the primary dwelling does not contain more than one dwelling as evidenced by recent action by the Town to bring the primary dwelling into compliance, Page 4 of 15 Zoning Board of Appeals Minutes of November 15 , 2010 Final 7. That there are no elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is being sought. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, and King NAYS: None. Motion was carried unanimously. Appeal of Margaret Rumsey, owner, Hugh Rumsey, Agent, requesting a variance from the requirements of Chapter 270, Section 270-54 " Permitted Principal Uses" of the Town of Ithaca Code and a modification of an existing variance (granted March 9, 1988) to be permitted to operate a craft store and landscape business with outside storage at 116 Buttermilk Falls Rd E, Tax Parcel No. 38 .-1 -3, Low Density Residential . The variance granted on March 9, 1988 prohibits outside storage of materials other than in the dumpster. Hugh Rumsey appeared before the Board and corrected that the proposal is for a craft ® shop , not a craft store . He said nothing is stored as part of the craft shop ; only manufacturing . Mr. Niefer asked about the nature of the landscape business . He wondered if there were on -site sales or if it was the type of business where material was stored on site and then moved to the job site . Mr. Rumsey confirmed that sales were not part of the landscape business . Material was only stored on -site until it was moved to the job site . The business does store snow plows on -site as part of their winter operations . The Board and Mr. Rumsey discussed the aerial photograph provided by staff from Google images . Mr. Rumsey explained that the cars are mostly associated with the landscape business . He then described the different piles of landscape material . Attorney Brock raised the question of whether a landscape business could be considered a nursery or a farm . Mr. Williams' letter to Mr. Rumsey indicated that the landscape business was a permitted use . He referred to it as a "landscape/nursery" in his letter. The Board and staff discussed in detail whether a landscape business is a nursery. Chairperson Sigel noted that a nursery is a farm -type operation , not a landscape operation . Attorney Brock explained that under the Code' s definition of a nursery it states , "a lot or structure where trees , shrubs , flowering and other plants are cultivated , grown , or stored and sold . " She did not think there was a requirement that plants be grown or cultivated on site . It was determined that the plant materials associated with the landscape business could be stored on-site because it was permitted by the Code . Page 5 of 15 Zoning Board of Appeals Minutes of November 15 , 2010 ® Final There continued to be discussion on whether or not the equipment and other materials stored on -site from the landscape business were permitted as of right as part of the business . Attorney Brock did not think that the ruling with regard to a previous use should be applied to this appeal . She noted that in the LDR zone , there are no limitations on what can be stored on -site for nursery operations . Board and staff continued to discuss whether landscaping activities are intended to be part of the nursery activities . Chairperson Sigel asked if the Board was allowed to review the determination that a landscape business is a nursery business . Attorney Brock did not think that was before the Board because the applicant was not appealing Mr. Williams' determination as to what was allowed by right. Chairperson Sigel asked Attorney Brock if she thought the storage of snow plows and the Quonset structure is allowed by right . Attorney Brock was confused by the structure because it was another structure being used by the business . She confirmed that salt was . being stored inside the structure ; she didn 't understand the concern with regard to outdoor storage because the Quonset was another building for the landscape business . Mr. King did not think snow plows and salt had anything to do with either landscaping or nursery businesses . Mr. Niefer noted that many landscape businesses perform snowplowing services in the off-season . Discussion continued with regard to previous use variances for the property. Mr. Bates confirmed with Attorney Brock that as soon as the previous use of the property for the cable business ceased , all conditions associated with that use also ceased . Chairperson Sigel asked the Board how they felt about granting a new use variance for the current uses on the property . He then asked if the glassworks studio was part of the application . Steve Geld , owner of the craft shop , appeared before the Board and gave a description of his business on the property . He explained that he is an artist that works with metals , glass , clay, paint, wire , etc . He uses the property as an art studio and has upon occasion had people ask him to teach them . Chairperson Sigel confirmed that products were not sold on -site . Mr. Ellsworth asked if Mr. Geld had any outside storage . Mr. Geld responded no . Mr. Bates asked if there were hazardous materials stored on site . Mr. Geld explained that he only uses propane gas that is hard - lined into the studio . He works on a small scale , which is very different from furnace or flame working . Chairperson Sigel wondered if the Board could grant a variance that would allow Mr. Rumsey flexibility in who he is allowed to rent to . Mr. Bates explained that it was part of the general discussion during the 1988 and 1990 variance requests . Ms . Rumsey attempted to have the property zoned as commercial , but the property would not be as ® regulated by the Town if it were rezoned . Chairperson Sigel understood that there was a desire on the Town ' s part to not rezone the property to commercial . Page 6 of 15 Zoning Board of Appeals Minutes of November 15 , 2010 Final Chairperson Sigel reminded the Board of the use variance criteria and asked if they felt the applicant met those criteria . Board members felt that the applicant had provided evidence in the application that met the criteria . Mr. Rumsey noted that the property has always been used in a commercial nature . He understood the Town ' s point of view of not wanting to rezone the property to commercial . Chairperson Sigel asked the Board their opinion regarding outdoor storage . Mr. Niefer did not have a problem with it, but Mr. Ellsworth did not want to give open -ended approval for outdoor storage . Mr. Niefer suggested outdoor storage be allowed that is related to current occupancies . Chairperson Sigel wondered if the Board wanted to place limits on where storage could be located and whether or not it should be screened . He acknowledged that there was natural screening by the embankment, but wondered if it should be screened from the Park. Mr. Krantz thought it was reasonable to require some screening from the park. Chairperson Sigel opened the public hearing at 8 : 28 p . m . and invited the public to address the Board . There were none . Chairperson Sigel asked the Board what type of screening they felt was appropriate . Mr. Rumsey stated that there is currently Rose of Sharon , Lilac and Maple . Mr. Bates asked if the stone wall was still there . Mr. Rumsey explained that it is actually the bank of the creek. Mr. Bates thought that the previous approvals tried to limit storage to the back side of the building to help screen it from the park area . Chairperson Sigel was not concerned with what was currently in place if the Board was inclined to allow outdoor storage . He didn 't object to the materials currently on site being visible from the Buttermilk Falls Park parking lot. He noted that the Good Year Tire Center and Home Depot could also be seen from the park. Environmental Assessment Chairperson Sigel made changes to the Environmental Assessment Form . C4 was amended to add , " It is a unique property for LDR , which does abut the City' s commercial zone and has historically been used for commercial purposes that predate zoning . " C5 was amended to add , "The commercial use of this property has existed for many years and predates zoning . " Chairperson Sigel moved to make a negative determination of environmental significance for the reasons stated in the modified Part II environmental assessment form . Mr. Niefer seconded . Vote—Carried Unanimously, Page 7 of 15 Zoning Board of Appeals Minutes of November 15 , 2010 Final ZB RESOLUTION 2010=031 : Environmental Assessment, 116 Buttermilk Falls Rd E, Tax Parcel No. 38. = 1 =3 MOTION made by Kirk Sigel, seconded by James Niefer. Resolved, in regard to the appeal of Margaret Rumsey, that this board makes a negative determination of environmental significance for the reasons stated in the modified Part II of the environmental assessment form. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, and King NAYS: None. Motion was carried unanimously. Chairperson Sigel closed the public hearing at 8 : 37 p . m . Chairperson Sigel moved to grant the appeal of Margaret Rumsey to be permitted to operate an art studio and landscape business with outside storage at 116 Buttermilk Falls Rd E finding that all requirements of the use variance had been satisfied , specifically listing how each criteria was met, and with conditions pertaining to direct sales on the property, number of students permitted at the art studio , and vegetative screening between the property and the neighboring park. Mr. Niefer seconded . Vote—Carried Unanimously , ZB RESOLUTION 2010-032: Use Variance, 116 Buttermilk Falls Rd E. Tax Parcel No. 38. - 1 =3 MOTION made by Kirk Sigel, seconded by James Niefer. Resolved, that this board grants the appeal of Margaret Rumsey, owner, Hugh Rumsey, Agent, requesting a variance from the requirements of Chapter 270 Section 270-54 "Permitted Principal Uses " of the Town of Ithaca Code to operate an art studio and landscape business with outside storage at 116 Buttermilk Falls Rd E, Tax Parcel No. 38. 4 -3, Low Density Residential zone, with the following: Conditions: 1 . That neither business engage in any direct retail sales on the premises, 2. That there be no more than three students at the art studio at one time, and 3. That every effort should be made to maintain the vegetative screening that does exist along the border with the Park. Page 8 of 15 Zoning Board of Appeals Minutes of November 15 , 2010 Final Findings: That the applicant has demonstrated unnecessary hardship, specifically. 1 . That the applicant cannot realize a reasonable return on the property as shown by the expenses submitted by the applicant and the value of the rent received by the applicant, and the fact that this property predating zoning has been used as a commercial property and it would be difficult to convert it to residential use given the value of the structure and the unique location of the property bordering the City, which is all commercial use, 2. That the alleged hardship is unique and does not apply to a substantial portion of the district or neighborhood, which is rather evident given that this is one of the few properties in any of the Town 's residential districts that has had commercial use continuously since before zoning was enacted, and the fact that it would be difficult to convert it to residential use given the value of the structure and the unique location of the property bordering the City, which is all commercial use, 3. Acknowledging that Buttermilk Falls State Park is adjacent, but given the fact that the property abuts the park's parking lot and the use predates the use of the adjacent property as a park, nonetheless, the requested variance will not alter the character of the neighborhood for the reason that this property predates zoning in its use as a commercial property and it would be difficult to convert it to residential use given the value of the structure and the unique location of the property bordering the City, which is all commercial use, 4. That the alleged hardship has not been self-created for the reason that commercial use of the property has existed since before zoning was enacted. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, and King NAYS: None. Motion was carried unanimously. Appeal of College Crossings, LLC , owner, Evan Monkemeyer, Agent, requesting variances from the requirements of Chapter 270, Section 270-116 " Height Limitations" , Section 270=122C " Additional Special Requirements" , Section 270- 127C " Principal Uses Authorized by Special Permit Only" , and Section 270=128 " Maximum Building Size" of the Town of Ithaca Code to be permitted to construct a 19,828 t sq ft commercial building for the College Crossings development located at 1061 Danby Rd , Tax Parcel No. 43 .=1 -3 .22 , Low Density Residential and Neighborhood Commercial , Page 9 of 15 Zoning Board of Appeals Minutes of November 15 , 2010 Final Evan Monkemeyer and James Knittel of DALPOS appeared before the Board . Mr. Monkemeyer gave a brief overview of why he was back before the Board . He explained that he was essentially seeking approval for the same variances that were granted in 2007 . The project has received modified site plan approval from the Planning Board . Mr. Knittel reviewed the variances granted in 2007 . Changes made to the project included : reduction of the building footprint to approximately 15 , 000 sq ft (total square footage approximately 19 , 000) and increasing the number of drive -thru lanes (two teller lanes and one atm lane ) . Mr. Knittel then asked the Board to consider extending the time of the variance from 18 months to 36 months . Mr. Krantz commented that the request was for a building that was a little too large , a little too tall , the parking location wasn 't quite right , and the applicant wants a larger time limit. He thought those items were relatively insignificant , understandable and reasonable . Mr. Krantz did have a problem with the crosswalk. There are businesses on all four corners of the intersection and he did not feel it should be the sole responsibility of this project to put in crosswalks at the intersection . Mr. Krantz felt strongly that someone would be killed if the intersection was not fixed and crosswalks installed . He stated that if Mr. Monkemeyer wanted his vote then he would take the responsibility of putting in a crosswalk. Mr. Monkemeyer responded that the State of New York determined that a crosswalk at ® the intersection was not warranted . He explained that the project includes a walking trail that will take all the pedestrian traffic from Ithaca College off Route 96 to behind the properties within 200 to 300 feet of the road . The pedestrian traffic at the intersection is a town wide issue and Mr. Monkemeyer felt that the Town needed to make a decision about crosswalks on all intersections . Mr. Krantz thought that what Mr. Monkemeyer said made sense . Attorney Brock added that the Planning Board discussed the issue in great detail and ended up not requiring anything regarding crosswalks . Chairperson Sigel did not think that the Town could require crosswalks on a State Route . Attorney Brock agreed and said that NYS DOT would have to agree to the plan . Attorney Brock addressed the request to extend the sunset provision for approved variances . She did not think the Board had the authority to extend the time period of a granted variance because NYS gives the Board the authority to grant an area variance . She explained that NYS Town Law defines an area variance as varying a physical or dimensional requirement . She did not think time was considered a physical or dimensional element . Chairperson Sigel asked the applicant to identify areas in which this variance request differs from the variance granted in 2007 . Mr. Knittel felt that they had actually better the conditions of the 2007 variance with the exception of the height, buffer area , and the increase from 2 to 3 drive -thrus . Chairperson Sigel assumed that the findings were still applicable . Board concurred . Chairperson Sigel noted that SEQR review was completed by the Planning Board . Page 10 of 15 Zoning Board of Appeals Minutes of November 15 , 2010 Final Chairperson Sigel opened the public hearing at 9 : 10 p . m . and invited the public to address the Board . There being no one , Chairperson Sigel closed the public at 9 : 11 p . m . Chairperson Sigel moved a modified version of ZB Resolution No . 2007-018 , granting the appeal of College Crossings , LLC , to be permitted to construct college crossings develop , which is an approximately 19 , 828 sq ft , 40 foot high building , permitting 3 drive-thru lanes where only 2 are permitted . The conditions remained the same as ZB Resolution No . 2007-018 with the exception of adding the phrase , "at its November 15 , 2010 meeting" at the end of the sentence for conditions #3 and #4 . The findings remained the same as those in ZB Resolution No . 2007-018 . Mr. Niefer seconded . Vote—Carried . ZB RESOLUTION 2010-033: Area Variances, 1061 Danbv Rd, Tax Parcel No. 43. - 1 . 3.22 MOTION made by Kirk Sigel, seconded by James Niefer. Resolved, that this Board grants the appeal of College Crossings, LLC, owner, Evan ® Monkemeyer, Agent, requesting variances from the requirements of Chapter 270- 128, Chapter 270- 116, Chapter 270- 122(C), and Chapter 270- 127(C) to be permitted to construct the College Crossings Development, approximately a 19, 828 sq ft budding that will accommodate retail, commercial, and/or office tenants, associated parking, landscaping, sidewalks, and stormwater facilities. The proposed development is located on the northeast corner of Danby Road and King Road East, Town of Ithaca Tax Parcel No. 43. 4 -3. 2, Neighborhood Commercial and Low Density Residential Zones. The proposed commercial building will exceed the maximum permitted size of an individual building in a Neighborhood Commercial Zone. The proposed building, at 40 feet tall will exceed the largest permitted height, which is 36 feet. The proposal includes three (3) drive-through lanes where only two are permitted. In addition, the proposed access driveways on the north and east sides of the site and a portion of the bank drive-through canopy and support on the north side will encroach on the 50-foot buffer between the Neighborhood Commercial Zone and adjacent Residential Zones on those sides, with the following: Conditions: 1 . That the total interior square footage of the building not exceed 20, 000-square feet, 2. That the height not exceed 40. 5 feet, 3. That the encroachment into the buffers required by the Town Code be no greater than what is indicated on the plans submitted to this Board at its November 15, 2010 meeting, Page 11 of 15 Zoning Board of Appeals Minutes of November 15 , 2010 Final 4. That the entire project be constructed as indicated on the applicant's plans submitted to this Board at its November 15, 2010 meeting, and 5. That no single tenant be allowed to occupy more than 10, 000 square feet of the building. Findings: 1 . That while the benefit to be achieved by the applicant can be done by other means possible, namely, building two or three separate buildings, that the one that the applicant proposed is also reasonable and is a better fit for the site that the applicant has, and 2. That an undesirable change in the neighborhood character or to nearby properties will not take place given that this is an allowed use in the Neighborhood Commercial Zone and the total square footage of the project would be allowed, just not in one single building, and 3. That the requests are not substantial, the height being just four and a half feet above what is allowed and the total square footage being permitted on the site in separate buildings, and 4. That there will be no adverse physical and environmental effects for the reasons stated in the negative determination of environmental significance, and 5. The alleged difficulty is not self-created, this is the portion of the applicant's property that is in the Neighborhood Commercial Zone and they are required to fit the development within those constraints, and 6. For these reasons, the benefit to the applicant does outweigh any detriment to the community. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Niefer, and King NAYS: None. ABSTAIN: Krantz Motion was carried. Appeal of Ithaca College, Richard Couture, Agent, requesting a variance from the requirements of Chapter 225, Section 225-3 A (37) " New Buildings Required to Have Sprinkler Systems" of the Town of Ithaca Code to be permitted construct a one-story cabin without the installation of a Town required sprinkler system located at 950 Danby Rd , Tax Parcel No. 41 .- 1 =30 .2, Medium Density Residential , Page 12 of 15 Zoning Board of Appeals Minutes of November 15 , 2010 Final Rick Couture and Prof . Michael Smith appeared before the Board . Mr. Couture noted that the application outlines the need for the variance . He explained that the cabin will be constructed in front of the Student Center then moved to near the pond . It is a one room cabin , 100 sq ft, to be used as a resource and teaching tool for classes to see what cabins were like as in the book Walden. Mr. Ellsworth asked if anyone would be sleeping in building . Mr. Couture responded no . The cabin will not be classroom space , but for observation only. Mr. Bates asked if anyone would be reading or meditating in the cabin . Mr . Smith was unsure at this time . Mr. Couture added that the cabin would be open , but he did not anticipate that there would be furniture in it. Mr. King wondered if it would be locked . Mr. Couture thought that it would be locked during the evening , but not during the day . Mr. Niefer asked if there would be utilities to the cabin . Mr. Couture confirmed there would be no utilities . The cabin would be a completely wooden structure , including wood floors . Chairperson Sigel noted that the College did intend it to be a permanent building . Mr. Couture agreed . It would be in a temporary location and then moved to its permanent location . Mr. Bates was unsure if the cabin would require a State Variance for no electrical service and handicap accessibility to the structure . He would look into it and call Mr. Couture . Chairperson Sigel opened the public hearing at 9 : 25 p . m , and there was no one present. Environmental Assessment Chairperson Sigel moved to make a negative determination of environmental significance for the reasons in Part II of the environmental assessment form . Mr. Niefer seconded . Vote—Carried unanimously. ZB RESOLUTION 2010-034: Ithaca College, One-Story Cabin, Environmental Assessment, 953 Danby Rd, Tax Parcel No. 41 . - 1 -30.2 MOTION made by Kirk Sigel, seconded by James Niefer. Resolved, in regard to the appeal of Ithaca College, that this board makes a negative determination of environmental significance for the reasons stated in the Part II of the environmental assessment form. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, and King Page 13 of 15 Zoning Board of Appeals Minutes of November 15 , 2010 Final NAYS: None. Motion was carried unanimously. Chairperson Sigel closed the public hearing at 9 : 26 p . m . Chairperson Sigel moved to grant the appeal of Ithaca College to be permitted to construct 1 -story cabin without a Town required sprinkler system with conditions on the size , location of the cabin , no open flame or flammable materials allowed in the cabin and that it be built as shown on plans submitted to the Board , and finding that all requirements of a sprinkler variance had been satisfied , specifically listing how the criteria had been satisfied . Mr. Niefer seconded . Vote—Carried Unanimously. ZB RESOLUTION 2010-035: Ithaca College, One-Story Cabin, Sprinkler Variance, 953 Danby Rd, Tax Parcel No. 41 . 4 -30.2 MOTION made by Kirk Sigel, seconded by James Niefer. Resolved, that this board grants the appeal of Ithaca College requesting a variance from the requirements of Chapter 225, Section 225-3A (37) "New Buildings Required to Have Sprinkler Systems " of the Town of Ithaca Code to be permitted to construct a one- story cabin without the installation of a Town required sprinkler system located at 953 Danby Rd, Tax Parcel No. 41 . - 1 -30.2, Medium Density Residential, with the following: Conditions: 1 . That the cabin be no larger that 160 square feet, 2. That the cabin be built as indicated on the plans submitted by the applicant, 3. That the cabin be placed initially in the approximate location marked "temporary location " and subsequently placed in the approximate location marked "future location, " 4. That there be no open flames or storage of flammable materials. Findings: 1 . The board in granting this variance finds that the application of the strict letter of this chapter would create a practical difficulty or unnecessary hardship for the applicant given that they are building an inexpensive cabin for educational purposes that will have no overnight occupancy and for the building to have educational value as a replica of Thoreau 's cabin it needs to conform as closely as possible to Thoreau 's design, and Page 14 of 15 Zoning Board of Appeals Minutes of November 15 , 2010 Final 2. The omission of an approved sprinkler system from all of this building will not significantly jeopardize human life. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, and King NAYS: None. Motion was carried unanimously. Other Business Mr. Bates reminded the Board that they would need to make a recommendation for the 2011 Chair at its December meeting . Adjournment There being no other business before the Board , Chairperson Sigel adjourned the November 15 , 2010 meeting at 9 : 33 p . m . Kirl Sigel , ChAtperson Page 15 of 15 FELE DATL� _ ® ADOPTED RESOLUTION ZB RESOLUTION 2010=029 Environmental Assessment 653 Coddington Rd Tax Parcel No. 48 .=1 =3 November 15 , 2010 MOTION made by Kirk Sigel , seconded by James Niefer. Resolved , in regards to the appeal of Alejandro Parra , that this Board makes a negative determination of environmental significance based on the information in Part I and Part II Environmental Assessment Form . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, and King NAYS : None . Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : AMk TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the 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 15th day of November, 2010 . Zd/ Deputy Town- Jerk Town of Ithaca FIDE DATE _ ® ADOPTED RESOLUTION ZB RESOLUTION 2010-030 Special Approval and Area Variance 653 Coddington Rd Tax Parcel No. 48.-1 -3 November 15, 2010 MOTION made by Kirk Sigel , seconded by James Niefer. Resolved , that this board grants the appeal of Alejandro Parra , requesting Special Approval from the requirements of Chapter 270 , Section 270-57 and a Variance from the requirements of Section 270-57B (3) of the Town of Ithaca Code to be permitted to construct an apartment in a detached garage located at 653 Coddington Road , Tax Parcel No . 48 . - 1 -3 , Low Density Residential Zone . The proposed apartment will be located within the 40 foot side yard setback requirement with the following : Conditions : 1 . That the side yard setback be no less than 6 feet and the rear yard setback be no less than 10 feet, 2 . That the apartment be constructed as indicated on the plans submitted by the applicant to this Board , and Findings for the Area Variance . That the benefit to the applicant does outweigh any detriment to the health , safety, and welfare of the community, specifically: 1 . The benefit the applicant wishes to achieve cannot be achieved by any other means feasible given that they want to renovate an existing garage to contain an apartment and that garage is already within the 40 foot setback, 2 . That there will not be an undesirable change in the neighborhood character or to nearby properties given that this house and garage have existed for many years and that there are no nearby neighbors , 3 . That while the request is substantial , a setback of less than 10 feet where 40 feet is required , but nevertheless the benefit does outweigh any detriment to the health , safety, and welfare of the community , 4 . The request will not have any adverse physical or environmental effects , and 5 . That while the alleged difficulty is self-created , nevertheless the benefit to the applicant does outweigh any detriment to the health , safety, and welfare of the ® community. ZB RESOLUTION NO . 2010-030 PAGE 2 ® Findings for the Special Approval : The requirements of Chapter 270 , Section 270 -200 for special approvals are met and that the criteria in Section 270-57B are met, specifically: 1 . The location of the second dwelling and the building in which it is located do not adversely impact in any significant manner the adjoining neighbors given that there are no nearby adjoining neighbors and that the garage already exists and has had an apartment in it for some amount of time already without having any apparent impact on anybody, 2 . That the requirement that it be at least 40 feet away from any side boundary lot has been relaxed by the granting of a variance and it is not being constructed in any required front yard , 3 . That there is adequate off-street parking for the proposed number of occupants in both the principle building and the second dwelling unit, 4 . That the second dwelling unit does not exceed 50% of the floor area of the primary dwelling unit, 5 . That the second dwelling unit is located in a building that is accessory to the principle dwelling , namely a garage , 6 . That the building containing the primary dwelling does not contain more than one dwelling as evidenced by recent action by the Town to bring the primary dwelling into compliance , 7 . That there are no elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is being sought. A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, and King NAYS : None . Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca, New York , do hereby certify ® that the 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 15th day of November, 2010 . Deputy Tow -Cf rk , Town of Ithaca FILE DATall ® ADOPTED RESOLUTION ZB RESOLUTION 2010=031 Environmental Assessment 116 Buttermilk Falls Rd E Tax Parcel No. 38.=1 =3 November 15 , 2010 MOTION made by Kirk Sigel , seconded by James Niefer. Resolved , in regard to the appeal of Margaret Rumsey, that this board makes a negative determination of environmental significance for the reasons stated in the modified Part II of the environmental assessment form . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz, Niefer, and King NAYS : None . Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the 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 15th day of November, 2010 . / lVity f� 0 Deputy To lerk Town of Ithaca is FILE DATE � o ® ADOPTED RESOLUTION ZB RESOLUTION 2010-032 Use Variance 116 Buttermilk Falls Rd E Tax Parcel No. 38.-1 -3 November 15, 2010 MOTION made by Kirk Sigel , seconded by James Niefer. Resolved , that this board grants the appeal of Margaret Rumsey, owner, Hugh Rumsey, Agent, requesting a variance from the requirements of Chapter 270 Section 270-54 " Permitted Principal Uses" of the Town of Ithaca Code to operate an art studio and landscape business with outside storage at 116 Buttermilk Falls Rd E , Tax Parcel No , 38 . - 1 -3 , Low Density Residential zone , with the following : Conditions : 1 . That neither business engage in any direct retail sales on the premises , 2 . That there be no more than three students at the art studio at one time , and 3 . That every effort should be made to maintain the vegetative screening that does exist along the border with the Park. Findings : That the applicant has demonstrated unnecessary hardship , specifically: 1 . That the applicant cannot realize a reasonable return on the property as shown by the expenses submitted by the applicant and the value of the rent received by the applicant, and the fact that this property predating zoning has been used as a commercial property and it would be difficult to convert it to residential use given the value of the structure and the unique location of the property bordering the City , which is all commercial use , 2 . That the alleged hardship is unique and does not apply to a substantial portion of the district or neighborhood , which is rather evident given that this is one of the few properties in any of the Town ' s residential districts that has had commercial use continuously since before zoning was enacted , and the fact that it would be difficult to convert it to residential use given the value of the structure and the unique location of the property bordering the City , which is all commercial use , 3 . Acknowledging that Buttermilk Falls State Park is adjacent , but given the fact that the property abuts the park's parking lot and the use predates the use of the adjacent property as a park, nonetheless , the requested variance will not alter the character of the neighborhood for the reason that this property predates zoning in its use as a commercial property and it would be difficult to convert it to residential use ZB RESOLUTION NO . 2010-032 PAGE 2 given the value of the structure and the unique location of the property bordering the City, which is all commercial use , 4 . That the alleged hardship has not been self-created for the reason that commercial use of the property has existed since before zoning was enacted . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, and King NAYS : None . Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the 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 15th day of November, 2010 . � Deputy Town C-I rk Town of Ithaca FILE DATE ADOPTED RESOLUTION ZB RESOLUTION 2010-033 Area Variances 1061 Danby Rd Tax Parcel No. 43.=1 -3. 22 November 15 , 2010 MOTION made by Kirk Sigel , seconded by James Niefer. Resolved , that this Board grants the appeal of College Crossings , LLC , owner, Evan Monkemeyer, Agent, requesting variances from the requirements of Chapter 270- 128 , Chapter 270 - 116 , Chapter 270- 122(C) , and Chapter 270- 127 (C) to be permitted to construct the College Crossings Development , approximately a 19 , 828 sq ft building that will accommodate retail , commercial , and/or office tenants , associated parking , landscaping , sidewalks , and stormwater facilities . The proposed development is located on the northeast corner of Danby Road and King Road East, Town of Ithaca Tax Parcel No . 43 . - 1 -3 . 2 , Neighborhood Commercial and Low Density Residential Zones . The proposed commercial building will exceed the maximum permitted size of an individual building in a Neighborhood Commercial Zone . The proposed building , at 40 feet tall will exceed the largest permitted height, which is 36 feet. The proposal includes three (3) drive -through lanes where only two are permitted . In addition , the proposed access driveways on the north and east sides of the site and a portion of the bank drive-through canopy and support on the north side will encroach on the 50400t buffer between the Neighborhood Commercial Zone and adjacent Residential Zones on those sides , with the following : Conditions : 1 . That the total interior square footage of the building not exceed 20 , 000-square feet , 2 . That the height not exceed 40 . 5 feet, 3 . That the encroachment into the buffers required by the Town Code be no greater than what is indicated on the plans submitted to this Board at its November 15 , 2010 meeting , 4 . That the entire project be constructed as indicated on the applicant's plans submitted to this Board at its November 15 , 2010 meeting , and 5 . That no single tenant be allowed to occupy more than 10 , 000 square feet of the building . Findings : 1 . That while the benefit to be achieved by the applicant can be done by other means possible , namely, building two or three separate buildings , that the one that the ZB RESOLUTION NO . 2010-033 PAGE 2 AML applicant proposed is also reasonable and is a better fit for the site that the applicant has , and 2 . That an undesirable change in the neighborhood character or to nearby properties will not take place given that this is an allowed use in the Neighborhood Commercial Zone and the total square footage of the project would be allowed , just not in one single building , and 3 . That the requests are not substantial , the height being just four and a half feet above what is allowed and the total square footage being permitted on the site in separate buildings , and 4 . That there will be no adverse physical and environmental effects for the reasons stated in the negative determination of environmental significance , and 5 . The alleged difficulty is not self-created , this is the portion of the applicant' s property that is in the Neighborhood Commercial Zone and they are required to fit the development within those constraints , and 6 . For these reasons , the benefit to the applicant does outweigh any detriment to the community. AEAL A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Niefer, and King NAYS : None , ABSTAIN : Krantz Motion was carried . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the 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 15th day of November, 2010 . Deputy Town C] rk Town of Ithaca FILE DATE ADOPTED RESOLUTION ZB RESOLUTION 2010-034 Ithaca College, One-Story Cabin Environmental Assessment 953 Danby Rd Tax Parcel No. 41 .-1 -30 . 2 November 15 , 2010 MOTION made by Kirk Sigel , seconded by James Niefer. Resolved , in regard to the appeal of Ithaca College , that this board makes a negative determination of environmental significance for the reasons stated in the Part II of the environmental assessment form . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, and King NAYS : None . Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the 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 15th day of November, 2010 . ZI L 4 )4'il Lo` Deputy Town Jerk Town of Ithaca RIE D ATC I/^ _ ADOPTED RESOLUTION ZB RESOLUTION 2010=035 Ithaca College, One-Story Cabin Sprinkler Variance 953 Danby Rd Tax Parcel No. 41 .- 1 -30 .2 November 15, 2010 MOTION made by Kirk Sigel , seconded by James Niefer. Resolved , that this board grants the appeal of Ithaca College requesting a variance from the requirements of Chapter 225 , Section 225 -3A(37) " New Buildings Required to Have Sprinkler Systems" of the Town of Ithaca Code to be permitted to construct a one- story cabin without the installation of a Town required sprinkler system located at 953 Danby Rd , Tax Parcel No . 41 . - 1 -30 . 2 , Medium Density Residential , with the following : Conditions : 1 . That the cabin be no larger that 160 square feet, 2 . That the cabin be built as indicated on the plans submitted by the applicant, 3 . That the cabin be placed initially in the approximate location marked "temporary location" and subsequently placed in the approximate location marked "future location , " 4. That there be no open flames or storage of flammable materials . Findings : 1 . The board in granting this variance finds that the application of the strict letter of this chapter would create a practical difficulty or unnecessary hardship for the applicant given that they are building an inexpensive cabin for educational purposes that will have no overnight occupancy and for the building to have educational value as a replica of Thoreau's cabin it needs to conform as closely as possible to Thoreau 's design , and 2 . The omission of an approved sprinkler system from all of this building will not significantly jeopardize human life . ZB RESOLUTION NO , 2010-035 PAGE 2 A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, and King NAYS : None . Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the 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 15th day of November, 2010 . , l Deputy To n-C erk Town of Ithaca