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HomeMy WebLinkAboutMN-BZA-2026-01-06 City of Ithaca Board of Zoning Appeals Minutes – January 6, 2026 Board Members Present: Michael Cannon Donna Fleming Andre Gardiner David Barken, Chair Staff Present: Megan Wilson, Deputy Director of Planning Maura Baldiga, Senior Planner Victor Kessler, City Attorney Isaac Gaylord, Assistant City Attorney Applicants: Amelia McLean-Robertson and Diane Zahuranec (ZONE-25-9) Chair David Barken called the meeting to order at 4:27 pm and read the opening statement. I. CALL TO ORDER & AGENDA REVIEW II. CONTINUED APPEALS – NONE III. NEW APPEALS APPEAL ZONE-25-9 224 FLORAL AVENUE & 410 HUDSON STREET Appeal of the determination of the Zoning Administrator that the properties at 224 Floral Avenue and 410 Hudson Street do not have established rights to be used as short-term rentals that are not the primary residence of the host. Megan Wilson, acting as the City’s Zoning Administrator, described how she came the decision to deny established rights for the property owner of 224 Floral Avenue and 410 Hudson Street to continue operating short-term rentals that are not the primary residence of the host. The City of Ithaca passed a short-term rental ordinance on May 1, 2024. The properties at 224 Floral Avenue and 410 Hudson Street are not eligible for short-term rental permits because they are not the primary residence of their owner. To have established rights to a nonconforming use, the property must have been in legal compliance with the previous regulations at the time of the adoption of the new legislation (§325-32). For short-term rentals, the property must have (1) maintained a valid Certificate of Compliance and (2) been current on all City and County Occupancy Taxes at the time the Short-Term Rental Ordinance was adopted on May 1, 2024. Upon review of records provided by the applicant, the City’s Building Division, and the City Finance Department, it was found that the property owner had maintained a Certificate of Compliance for both properties and paid County taxes but was not current on City occupancy taxes. Therefore, the City’s Zoning Administrator determined that Ms. Zahuranec did not have established rights to continue the short-term rental use of 224 Floral Avenue and 410 Hudson Street. The appellant asserted that the City’s Hotel Occupancy tax should not be considered for the purpose of determining establish rights for a nonconforming short-term rental use. The appellant discussed that the taxes were not paid due to an oversight and the appellant should have the opportunity to pay the back taxes and continue operating the short-term rental. The appellant asserted that the property owner has not expanded or changed the use of the property and that the Zoning Administrator’s decision violates the property owner’s property rights and rights to due process. Board of Zoning Appeals January 6, 2026 Meeting Minutes 2 Public Hearing Chair D. Barken opened the public hearing. There were no comments from interested parties regarding this appeal, and the public hearing was closed. Deliberation & Decision The Board discussed that the appellant did apply for the Certificates of Authority for the two properties and did collect City Occupancy Taxes for the Floral Avenue property for several quarters. The Board discussed the responsibility of the property owner to ensure that the short-term uses were legally operating prior to the adoption of the new short-term rental legislation. The City Attorney asserted that the question under consideration is whether certain rights were established in the first place, not whether rights are being revoked appropriately. The Board discussed the City’s interpretation of the City Code regarding non-conforming uses. The Board found the framework that the City uses to determine the legal compliance of short-term rentals was reasonable and that the Zoning Administrator correctly applied that framework to these specific properties. On a motion by A. Gardiner, seconded by M. Cannon, the Board of Zoning Appeals voted unanimously to affirm the Zoning Administrator’s decision. IV. PRELIMINARY PRESENTATIONS – NONE V. APPROVAL OF MINUTES – NONE VI. ADMINISTRATIVE MATTERS a. Next Meeting: Currently, no appeals are scheduled for the February 2026 meeting. The Board should plan for the next meeting to be held on March 3, 2026. b. An appointment to the BZA is scheduled for the Common Council meeting on January 7, 2026. c. Board members are required to complete four hours of State-mandated training each year. Megan circulated training opportunities that the NYS Department of State is holding in January. If Board members do attend these trainings, they should let Megan know for tracking purposes. d. Annual Lead Agency Concurrence Resolution: On projects that the BZA reviews along with the Planning Board, this resolution gives authority to be the lead agency to the Planning Board, unless the BZA objects on a specific application. i. D. Barken made a motion to allow Planning Board to be Lead Agency for projects reviewed by both the Planning Board and BZA. Seconded by A. Gardiner. Vote passed 4-0-0. VII. ADJOURNMENT Chair D. Barken adjourned the meeting at 5:31 pm. Respectfully submitted, ___________________________ January 6, 2026 Megan Wilson, Zoning Administrator Date Secretary, Board of Zoning Appeals