HomeMy WebLinkAboutZBA 1-24-2011MinutesZoning Board of Appeals Minutes 1/24/2011
Marcham Hall
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Meeting called to order: 7:05 PM.
Present: Chairman John Young, Members Peter McClelland, Anita Watkins, and Kirk Sigel.
Alternates: Mark Eisner, Alison Shull. Code Enforcement Officer: Brent Cross,
Others: Attorney Kristin Gutenberger, Mindy Mindlin, Leonard Loria, Rosemary Loria, VCH
Trustee Bea Szekely, VCH Clerk M. Mills
Member Kirk Sigel was present but abstained from participating in the meeting as he is the
petitioner.
K. Gutenberger updated the board regarding sheds. The Board of Trustees set a public hearing
for sheds during the February 14th meeting. The Zoning Board has a copy of Proposed Local
Law B. Specifically legalizes any portable shed. It does not grandfather anything in, but
legalizes as long as it meets portable shed guidelines.
P. McClelland- If it gets passed, what does it do to what we do here?
B. Cross- The structure at 906 is a portable shed. The challenge is whether it should be in the set
back.
K. Sigel- It is a building. It should be subjected to all the regulations as a building, not as a shed.
J. Young- Asking for a real clear direction to go in to render a decision.
B. Cross- Has used best ability to interpret what is currently in place.
Discussion: Small portable sheds are not regulated, but applicant wants this property to have a
description of a building. There is a building code definition. Storage structure less than 144 feet
is not regulated. (Portable)- If it is considered to be a building- it must have a foundation built to
resist frost. If someone took a small storage structure even if met 144’ rule, but put on a
foundation would then be a “building.”
Question raised: what is a structure? Man made phys improvement. Buildings are structures,
but structures do not have to be buildings. City of Ithaca regulates sheds completely. Town of
Ithaca, Town of Lansing, and Village of Lansing have rules and regulations. Village of Dryden
is silent on topic, but uses similar.
K. Gutenberger- You are limited to currently what is written in Village law.
M. Eisner- Every appeal deals with an interpretation of what the Zoning Code Officer
discussed with the resident - everything brought before us is by its nature inconsistent with the
zoning law.
A. Shull- Inquired as to exactly which way the new Proposed Local Law B comes into play.
Zoning Board of Appeals Minutes 1/24/2011
Marcham Hall
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M. Eisner- agrees with K. Sigel that a shed is a building especially if it has a foundation.
L. Loria- Lives next door to that storage building and/or structure which is 12 ½ feet, with a 3
foot overhang. It is a structure and a building on a concrete slab. The floor is poured concrete
with wooden floor on top of that.
P. McClelland- Criteria is right in this case, we didn’t think it is portable.
B. Cross- The appellant’s appeal is not specific to this property, but specifically wants the ZBA
to say all sheds are buildings.
K. Sigel- Seeking an interpretation of what is the current zoning law
Discussion- Any building 6x6 needs to have a permit. Will a 5 x 5 will need to have a zoning
permit? Will everyone in future who buys a 5 x 5 shed from Lowe’s be in violation? Is a shed a
building based on how the current law is written?
Motion: M. Eisner
Second: A. Watkins
This board finds that sheds such as the shed at 906 Triphammer Road are subject to compliance
with zoning regulations and are considered a building for the purposes of the Zoning Ordinance
and are therefore subject to, among other provisions, Section 5 (Height of Buildings), Section 6
(Yard Requirements), Section 7 (Building Coverage), and Section 20 (Zoning Permits) of the
Zoning Ordinance.
Discussion : We are only interpreting what already exists, if current law falls short of clarity it is
in hands of Board of Trustees to determine new law. We are looking at this as the legislators
would have looked at it. Was this based on a variance request procedure and why?
Question from the floor: Will there be a notice given to all Village residents- now all sheds will
become part of the footprint?
B. Cross - As a zoning officer he finds no guidance on the subject.
P. McClelland- Yes
A. Watkins- Yes
A. Shull- Yes
M. Eisner- Yes
J. Young- Yes
All approve – motion carried
Meeting adjourned at 8:32 pm.
Zoning Board of Appeals Minutes 1/24/2011
Marcham Hall
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