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City of Ithaca Board of Zoning Appeals
Minutes – July 11, 2023
Board Members Present: David Barken, Chair
Andre Gardiner
Joseph Kirby
Michael Cannon
Staff Present: Megan Wilson, Deputy Director of Planning
Marjorie McLain, Administrative Assistant
Applicants: Jared Lusk, Bell Atlantic Mobile Systems, LLC
d/b/a Verizon Wireless (BZA # 3252)
Michael Barnoski, Trade Design Build BZA # 3253
Jonah Lunden,, Firehouse Architecture Lab BZA # 3254
Chair D. Barken called the meeting to order at 5:30 pm and read the opening statement.
I. TELECOMMUNICATIONS APPEAL
Appeal Number: # 3252 214 N Meadow Street
Request for an area variance from §325-29.8B(1)(h), Siting Standards for Personal Wireless
Service Facilities (PWSF), and §325-29.8C(1), Design Standards for Personal Wireless Service
Facilities, of the City of Ithaca Zoning Ordinance to allow the modification of an existing
personal wireless service facility that is located within 250’ from a residential structure and less
than 1500’ from other PWSF.
Jared Lusk of Nixon Peabody presented the appeal on behalf of property owners Bell Atlantic
and Verizon Wireless. J. Lusk stated that the application speaks for itself, as they are only
replacing the outdated wireless equipment.
Board members asked questions regarding the location of the equipment to be replaced. J Lusk
replied that the equipment is located on top of the Fast Trac building.
Public Hearing
Chair D. Barken opened the public hearing.
Staff read the Planning and Development Board’s recommendation on the appeal: As this is an
existing nonconformity and an update not causing visual impact, the Planning board finds no
long-term negative impacts to planning.
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There being no further comments from interested parties, Chair D. Barken closed the public
hearing.
Deliberation & Decision
The Board acknowledged that this is an existing installation that involves the replacement of
equipment. The modification will not exacerbate the existing setback deficiencies.
On a motion by M. Cannon, seconded by J. Kirby, the Board of Zoning Appeals voted 4-0-0 to
approve Appeal #3252.
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APPEAL #3253 605 South Albany Street
Request for an area variance from §325-8, Column 6, Lot Area; Column 10, Lot Coverage by
Buildings; Column 11, Front Yard; Column 13, Side Yard; and Column 14/15, Rear Yard to
allow the construction of a second primary structure on the property that will contain an
accessory dwelling unit and storage space for the existing single-family home.
Michael Barnoski, of Trade Design Build presented on behalf of property owners Rachel &
Vanya Rohwer. M. Barnoski stated that the proposal is for a single-family home to be placed in
the location of the existing garage, with a slightly larger footprint and height.
Board members, staff and the appellant discussed options regarding the definition and use of the
proposed structure. In the end, the appellant decided to propose that the structure be defined as
an Accessory Apartment rather than a second Primary Structure, as originally presented. An
Accessory Apartment is deed restricted, requiring that the primary residence be owner-occupied
if any person(s) also occupies the Accessory Apartment. The change in definitions resulted in the
new proposal having a decreased request for variances being limited to just the location of an
Accessory Apartment in the Rear Yard as the only new or exacerbated deficiency.
Board members supported the change and the decreased number of requested variances.
Public Hearing
Chair D. Barken opened the public hearing.
No comments were submitted in either support or opposition of the proposal.
Staff read the Planning and Development Board’s recommendation on the appeal; they feel there
is no adverse effect to the property.
There being no further comments from interested parties, Chair D. Barken closed the public
hearing.
Deliberation & Decision
The Board found that the appellant has adequately demonstrated that the benefit sought in the
proposal has no feasible alternative. The Board agreed that the proposal meets the development
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goals for the city, and that while some of the requested variances are proportionally substantial,
the benefit to the appellant outweighs the potential impacts to the neighborhood.
On a motion by M. Cannon, seconded by J. Kirby, the Board of Zoning Appeals voted 4-0-0 to
approve Appeal #3253.
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APPEAL #3254 409 Willow Avenue
Request for an area variance from §325-8, Column 11, Front Yard, and Column 13, Side Yard,
to allow the construction of a deck off of the northwest corner of the single-family home. The deck
will align with the existing home but is a lateral extension of an existing side yard deficiency. The
front yard deficiency exists and will not be exacerbated by this proposal.
Jonah Lunden of Firehouse Architecture Lab, presented on behalf of the property owners Julie
Wise and Jason Willig. J. Lunden presented the request for a new deck and stair located in the rear
yard to replace an existing stone patio. J. Lunden went on to describe the existing conditions of
the site and the proposed screening which reduces impacts to neighbors.
Board members had no questions regarding the proposed deck but did ask the appellant clarifying
questions about the dilapidated fence on the property.
Public Hearing
Chair D. Barken opened the public hearing.
Susan Austin, 411 Willow Avenue, spoke in opposition to the appeal.
Staff read the Planning and Development Board’s recommendation on the appeal: The Planning
Board supports this variance as they support owner-occupied improvements. The Planning Board
finds no long-term negative impacts to planning.
There being no further comments from interested parties, Chair D. Barken closed the public
hearing.
Deliberation & Decision
The Board stated that they believe the project is a small request with minimal impact to adjacent
properties or the neighborhood. The deck is designed to be consistent with the existing structure
and built environment.
The Chair noted that any agreement between neighbors regarding the location of the fence
(which is not subject to this appeal) has no bearing on the decision made by the Board and that
any fence installed by the applicant can be done so up to the side property line of the property.
On a motion by M. Cannon, seconded by D. Barken, the Board of Zoning Appeals voted 4-0-0 to
approve Appeal #3254.
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II. CONTINUED APPEALS- None
III. PRELIMINARY PRESENTATIONS - 261 Lake Street
The project team presented the proposal of townhouses located along Lake Street which is. The
parcel of the proposed project is in a R-3a zoning district. The Board asked questions regarding
the parking associated with the proposal.
IV. APPROVAL OF MINUTES –
A. February 7, 2023
B. April 4, 2023
C. May 2, 2023
V. ADMINISTRATIVE MATTERS
A. Zoning Permits (Staff-Level Approvals)
B. Next Meeting-September 12, 2023
VI. ADJOURNMENT – Chair D. Barken adjourned the meeting at 7:25 pm.
Respectfully submitted,
___________________________ July 11, 2023
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals