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Home My WebLink AboutZBA Minutes 2019-06-11Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday, June 11, 2019 @ 6:00 p.m. 215 N Tioga St. 0003-2019 Appeal of Kimberly Michaels, TWMLA, agent for Cornell as part of the North Campus Project Tax Parcel # 67.-1-1.1, is requesting relief from Town of Ithaca Code, section 270-223. Fences and walls; retaining walls, to be permitted to; 1. Erect a new 10' ft. high fencing around the tennis courts along Pleasant Grove Rd. 2. Seasonally -install 10' ft. tall sports safety netting around the recreational field at Jessup Road and Pleasant Grove Road. 3. Erect a new 8' ft. tall fencing around a dumpster enclosure behind building 3B. 0004-2019 Appeal of Giora & Limor Fix, owner, 141 Honness Ln., Tax Parcel # 58.-2-39.7, is requesting relief from Town of Ithaca Code, section 270-71 Yard regulations, E (1) to be allowed to maintain a shed in the side yard where it is only allowed in the rear yard. Contact Bruce Bates @ bbates@town.ithaca.ny.us or 273-1721 ext. 2 with any questions. Bruce Bates Director of Code Enforcement Town of Ithaca Zoning Board of Appeals Tuesday, June 11, 2019 @ 6:00 p.m. Present: Rob Rosen, Chair; Members Chris Jung, Caren Rubin, George Vignaux and Alternates David Squires and David Filiberto Absent: Bill King Staff: Bruce Bates, Codes; Paulette Rosa, Town Clerk and Susan Brock, Attorney for the Town Mr. Rosen opened the meeting at 6:02 p.m. 0004-2019 Appeal of Giora & Limor Fix, owner, 141 Honness Ln., Tax Parcel # 58.-2-39.7, is requesting relief from Town of Ithaca Code, section 270-71 Yard regulations, E (1) to be allowed to maintain a shed in the side yard where it is only allowed in the rear yard. Mr. Fix explained that he needs to put the shed in the side yard because there are persistent drainage issues from a neighboring property that makes his backyard very wet a lot of the time making use of his back yard difficult at best and impossible at times. Mr. Fix stated that if he tried to put the shed in the backyard, he would not be able to drive his lawn mowing equipment to it. It was noted that Mr. Fix stated that there are similar sheds in the neighborhood in his application. The Board began discussion and felt they were familiar with the neighborhood. No one had visited the site, which Mr. Rosen said spoke to the feeling that this Board had felt that this was not a significant variance request. Mr. Filiberto thought the shed was small and would not be out of character in the neighborhood. Mr. Vignaux thought it would not be visible from the street given the tree and the placement close to the garage makes it very unobtrusive. Mr. Rosen agreed, saying the shed was proposed tucked close to the house and most importantly, it did not encroach on the side yard setback. Ms. Jung and Ms. Rubin felt it was not an unreasonable request but they were concerned with setting a precedent. The Board discussed the reasons why this request would be unique to others including the drainage and excess water in the back yard rendering it useless for this purpose, the fact that it is not in the front yard which would be more visible and obtrusive, that although it is proposed in the side yard it doesn't encroach on the side yard setback, and that it is small in size and is shielded in view from the street by an existing large tree. The Board felt the concern the Town Board had with sheds was the visibility from the road and this is a small shed and shielded from view. The Board agreed that the factors discussed make the request unique enough to not set precedent. ZBA Minutes 2019-06-11 Pg. 1 Mr. Rosen opened the public hearing at 6:23 p.m.; there was no one wishing to comment on the appeal and the hearing was closed. Ms. Brock stated that this is a Type 2 under SEQR; the placement of a minor residential structure and therefore SEQR is not required. ZBA Resolution 0004-2019 Area Variance 141 Honness Ln., Tax Parcel # 58.-2-39.7 June 11, 2019 Motion made by Mr. Rosen, seconded by Mr. Vignaux Resolved that this Board grants the appeal of Giora & Limor Fix, owners, 141 Honness Ln., Tax Parcel # 58.-2-39.7, requesting relief from Town of Ithaca Code, section 270-71 Yard regulations, E (1) to be allowed to maintain a shed in the side yard where it is only allowed in the rear yard with the following: Conditions: 1. That the shed be placed as shown in the application and the size as shown in the application, and 2. That the shed always be shielded by vegetative screening between the shed and the street, and we find that the current Spruce tree meets this condition, and With the following Findings: 1. That the benefit that the applicant wishes to achieve cannot be achieved by any other means feasible given that the backyard is too wet a lot of the time and he cannot access it with heavy equipment due to that wetness, and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that the shed is not in the side yard setback and there is an existing vegetative screen which will remain as conditioned above; and 3. That the request is substantial given that a shed is not allowed in the side yard; and 4. The request will not have adverse physical or environmental effects as evidenced by no SEQR being required; and 5. That while the alleged difficulty is self-created in that the applicant wants the shed in the side yard location that he can drive vehicular/machinery access to and this placement is just off the driveway allowing for that access, and ZBA Minutes 2019-06-11 Pg. 2 6. That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, for the reasons stated above. Vote: ayes — Vignaux, Rosen, Jung, Rubin and Filiberto Appeal of Kimberly Michaels, TWMLA, agent for Cornell as part of the North Campus Project Tax Parcel # 67.-1-1.1, is requesting relief from Town of Ithaca Code, section 270- 223. Fences and walls; retaining walls, to be permitted to; 1. Erect a new 10' ft. high fencing around the tennis courts along Pleasant Grove Rd; Seasonally -install 10' ft. tall sports safety netting around the recreational field at Jessup Road and Pleasant Grove Road; and 3. Erect a new 8' ft. tall fencing around a dumpster enclosure behind building 3B. Ms. Michaels was present and explained the needs for the three fences for the project saying that the tennis courts are being moved 10 feet over and the existing 10` foot fence is higher than allowed and there is a proposed recreational field with artificial turf and a fence is needed to keep the balls in the field so 10' foot of safety netting is proposed. There is also a dumpster that we would like to shield with an 8' foot fence. The Board had no concerns and a few general questions. The Board agreed that fences are needed for containing balls from the sports fields and court. Mr. Rosen opened the public hearing at 6:37 p.m.; there was no one present; the hearing was closed. Ms. Brock stated that no SEQR was required because this project has undergone a coordinated SEQR review by the City of Ithaca and the City as Lead Agency made a negative determination of environment significance and the sports fields and fences were shown on those plans and submissions. This also would have been Type 2 as a routine activity of an educational institution. ZBA Resolution 0003-2019 Area Variance North Campus Residential Housing Project Pleasant Grove Rd and Jessup Rd area Tax Parcel # 67.4-1.1 Motion made by Rob Rosen, seconded by Caren Rubin Resolved that this Board grants the appeal Cornell as part of the North Campus Project Tax Parcel # 67.-1-1.1, requesting relief from Town of Ithaca Code, section 270-223. Fences and walls; retaining walls, to be permitted to; 1. Erect a new 10' ft. high fencing around the tennis courts along Pleasant Grove Rd; Seasonally -install 10' ft. tall sports safety netting around the recreational field at Jessup Road and Pleasant Grove Road; and 3. Erect a new 8' ft. tall fencing around a dumpster enclosure behind building 3B with the following: Conditions ZBA Minutes 2019-06-11 Pg. 3 1, That the Unces be buih suhstantAlly as represented in the application, arid WiS the f011omdrig Findings Vial the benet'k Mat the applivant %vishes to achIve camm be achkved by any other awans feasible given thwir the need Or fences are the tennis court and sports field is, appr(:)priare at 10' feet high to Inevent baHs Ifoin leaving those venues and quentially wering nemby roads vi allevOte satety c.oncerns in(] (o screen the dUnipster, as 6' 1 'o(,)I high hence as allowed WOUld riot be adMILIZAte, to shield the dunTster Ovvn A height, and 2. That tfiere will not be an undeshAble change hi Be neighborhood character or to nearhy Properties given that these are recrearknal fields and sarritadon theilhies and Cornell owns the surrounding pnTenics am�l this prqject is internal to Wnell Caniptis and the area is currently-nudent housing and recrealknal ficilities; arKI 3. That the mquest k vadvlarand given that the reqUests, are I (Y feet tall wherr 67 is alk)%vd but given the scale of the prqject is heconies not substantial; and 4. The irquent will not We adverse Miysicaloi-e�iivii,oiiiiieiiud e0hosaseviderwed bythe negAve declandion inadc Or the project by the City Planning and Development 13oard; and 5. That the alleged dinIcAy is self-created in that the applicant wants these 1"ences year safety and shielding of hicilities, the CIllege wishes to Imovixic as healthy, living environnicra and facilities Ior the studems and these; sports rields will provide that, and 6. That the hencAl to the applWant does otawelh any detrinient to the heahh, salty and welkirr of the connnundy, Ar the reasons stated A= Vote: ayes -- Vignaux, Wen, Jung, Rubin and SquAs (:)tit er huAnes,s Thor is no .laxly an eethg but Were is an aQcation Ar an appeal for AugLISt it'die inf'orniation is deterrnined to be complete. Meeting was ad"journed at 6:45 p.ni, SuhnAue Paulette Rom. To n Cle I ZRA IdOutes 2019-06-11 Z.1