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Home My WebLink AboutZBA Minutes 2020-04-14Town of Ithaca Public Hearing Notice Zoning Board of Appeals Tuesday, April 14, 2020 @ 6:00 p.m. 215 N Tioga St. 0002-2020 Appeal of Chuck Schwerin,owner of 1036 East Shore Drive, Tax Parcel No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òLQFKHVDQGWKHH[FHHGDQFHRIWKHPD[LPXPEXLOGLQJ DUHDLQFUHDVHVDVWKHFXUUHQWEXLOGLQJDUHDLVDQGWKHSURSRVHGEXLOGLQJDUHDLVVOLJKWO\ XQGHU´@7RZQRI,WKDFD&RGHVHFWLRQ&UHTXLUHVWKDWVLGH\DUGVHWEDFNIURPORW OLQHVEHDPLQLPXPRIIHHWZKHUHIHHWòLQFKHVLVSURSRVHGRQWKHQRUWKVLGHRIWKH DGGLWLRQDQGDERXWIHHWLQFKHVLVSURSRVHGRQWKHVRXWKVLGHRIWKHDGGLWLRQDQG7RZQRI ,WKDFD&RGHVHFWLRQDOORZVIRUDPD[LPXPEXLOGLQJDUHDRIRIWKHORWDUHDZKHUH WKHDSSUR[LPDWHEXLOGLQJDUHDLVFXUUHQWO\DERXWDQGLVSURSRVHGWRLQFUHDVHWRVOLJKWO\ XQGHUEXLOGLQJDUHD7KHFXUUHQWSURSHUW\LVORFDWHGLQWKH/DNHIURQW5HVLGHQWLDO=RQH 0003-2020 Appeal of Cornell University,owners of 275 Palm Road, Tax Parcel No. 64.-1-1, are seeking relief from Town of Ithaca Code sections 225-3 (New buildings required to have sprinkler systems). Town of Ithaca code section 225-3 A (8) requires sprinklers for storage buildings exceeding 400 square feet in size, and Cornell is seeking to not install sprinklers. The current property is located in the Planned Development Zone identified as Special Land Use District No. 9. Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor’s Executive Order 202.1, this meeting will be held by video conferencing through the Zoom App. The meeting can be accessed by going to www.zoom.us - Join Meeting - Meeting ID 944-393-1973. You can also call in to the Zoom meeting at +1 (929 436 2866). =RRPZLOODOORZIRUFRPPHQWVIURPWKHSXEOLFGXULQJWKH SXEOLFKHDULQJSRUWLRQRIWKH=RRPPHHWLQJ&RPPHQWVFDQDOVREHVXEPLWWHGYLDHPDLOWRWKH 7RZQ&OHUNRUE\8QLWHG6WDWHV3RVWDO0DLODQGZLOOEHUHDGLQWRWKHUHFRUG(PDLO SURVD#WRZQLWKDFDQ\XVZLWKDQ\FRPPHQWVRUTXHVWLRQV Marty Moseley Director of Code Enforcement ZBA Minutes 2020-04-14 Pg. 1 Town of Ithaca Zoning Board of Appeals Tuesday, April 14, 2020 Meeting held via ZOOM Board Members Present: Rob Rosen, Chair; Members, David Squires, Chris Jung, and Bill King Alternates David Williams and David Filiberto Absent: George Vignaux Staff: Marty Moseley, Codes; Paulette Rosa, Clerk and Susan Brock, Attorney for the Town Mr. Rosen opened the meeting at 6:17 p.m. 0002-2020 Appeal of Chuck Schwerin, owner of 1036 East Shore Drive, Tax Parcel No. 19.-2-13, is seeking relief from Town of Ithaca Code sections 270-205(A) (Non-conforming Structures), 270-46(C) (Yard regulations), and 270-47 (Building Area), for a proposal to build an approximately 12’ foot by 20’.5” foot addition. Michael Major, Engineer and Agent was present for the applicant and gave an overview of the project stating that they looked at other ways to expand but there is an existing sewer easement and power lines that made other scenarios not feasible. The current plan is to build up over the existing sunroom and deck and the plans match the existing styles of the neighborhood. Mr. Rosen stated that we have had a number of these appeals for this area; most of the homes are legally non-conforming and the character of the neighborhood is very densely populated with very small spaces between the houses and houses squeezed between the lake and the railroad tracks. He said this house seems typical for the area and they are not expanding the footprint of the house and the view to the north is completely blocked by the house to the north that is closer to the lake. Mr. Rosen thought this had a relatively minor impact and is being done in a sensible way that is compatible with other variances we have issued in the area. Mr. Squires stated that he visited the site and all the properties are very crowded and it wouldn’t be inconsistent with the properties in the area. He added that we did not receive any comments in opposition to this project. Ms. Jung agreed with the other members saying this is similar to other variances granted and consistent with the other properties nearby. Mr. King stated that he didn’t think there was an issue because the footprint will remain the same and their nonconformity is smaller than many we have seen in this area. ZBA Minutes 2020-04-14 Pg. 2 Mr. Williams and Mr. Filiberto agreed with the statements above. Mr. Rosen opened the public hearing at 6:30 p.m. There was no one present on ZOOM and Ms. Rosa stated for the record that no one had called or emailed regarding this appeal during the meeting or public hearing. Ms. Brock stated that there is no SEQR required because it is the expansion of a single family on an existing lot and an area variance for a single family. As the Board drafted the resolution, it became apparent that the footprint will be extended by adding a small entrance way/landing off of the existing sunroom after it is converted to the additional space. Total expansion approximately 4’ feet. ZBA Resolution 0002-2020 Area Variances 1036 East Shore Drive, TP 19.-2-13 April 14, 2020 Resolved that this board grants the appeal of Chuck Schwerin, owner of 1036 East Shore Drive, Tax Parcel19.-2-13, is seeking relief from Town of Ithaca Code sections 270-205(A) (Non- conforming Structures), 270-46(C) (Yard regulations), and 270-47 (Building Area), for a proposal to build an approximately 12’ foot by 20’.5 foot addition with the following: Conditions 1. That the project be constructed substantially as submitted to this board. Findings That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically: 1. That the benefit sought by the applicant cannot be achieved by any other means feasible given that there is an easement for an existing sewer line on one side and a NYSEG easement on another, and any alternative would have required a variance, given that the property is an existing non-conformity, and 2. That there will not be an undesirable change in the neighborhood character or a detriment to nearby properties given that the house fits the character of the neighborhood and the proposed change in the volume of the structure and expansion of the footprint is relatively minor, being the 4’ feet further than the sunroom, but is in keeping within the scale of nearby properties, 3. That the request is substantial in that the required side yard setback is a minimum of 20’ feet and the north side addition will be 4’feet 10” inches from the side lot line and on the south side they will be 9’ feet 11” inches and the maximum building area is 10% where currently it is 23% and that will increase to just under 28%, but nevertheless, this is typical for this neighborhood, and ZBA Minutes 2020-04-14 Pg. 3 4. The variance will not have an adverse physical or environmental impact as evidenced by no SEQR being required, and there is no evidence that this will cause such impact regardless of no SEQR being requires, and 5. That the alleged difficulty is self-created in that the owner wishes to expand their house, but nevertheless, this board finds that the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community for the reasons stated above. Moved by Rob Rosen, seconded by David Squires. Vote: ayes – Rosen, Squires, Jung, King and Filiberto Unanimous 0003-2020 Appeal of Cornell University, owners of 275 Palm Road, Tax Parcel No. 64.-1-1, are seeking relief from Town of Ithaca Code sections 225-3 (New buildings required to have sprinkler systems). Town of Ithaca code section 225-3 A (8) requires sprinklers for storage buildings exceeding 400 square feet in size, and Cornell is seeking to not install sprinklers. The current property is located in the Planned Development Zone identified as Special Land Use District No. 9. There was no one present for the applicant. Mr. Moseley stated he had seen him on the ZOOM screen but did not at this time. Mr. Rosen began the discussion saying that this seems similar to the request from Cornell in the past for another storage building on Palm Rd that was not near water or electric facilities and it was unreasonable to install a sprinkler there. He asked Mr. Moseley to give a brief overview. Mr. Moseley state that these are storage containers commonly referred to as “Verdi containers” because those are the name on the side of many of these metal containers. The containers were on this site and the college then constructed a roof from container to container and making essentially one long room. Mr. Moseley showed the picture of the structure using ZOOM and added that they did go to the Planning Board and received Site Plan approval with the condition that this board grants the appeal regarding the sprinklers not being needed. The County also submitted their GML response and have no concerns. Mr. Moseley stated that Cornell has indicated that they use the building for small equipment, wheelbarrows, hand tools etc. Mr. Rosen started the discussion saying that this is not near water or electricity and they are non- combustible metal containers full of gravel and small equipment. He thought it was very similar to the January request and others in these circumstances. Mr. Squires said he agreed that this is just like the last appeal and it is cold storage and he didn’t think sprinklers are required. ZBA Minutes 2020-04-14 Pg. 4 Mr. King stated that this is uninhabitable space and it would be really cost prohibitive to put sprinklers in and makes perfect sense to him. Mr. Filiberto, Mr. Williams and Ms. Jung stated that they agreed with the earlier comments and had nothing to add. Ms. Brock noted that there are some combustible materials such as gasoline in the small engine machinery. Mr. Rosen agreed, adding that the similar appeals had the same. Mr. King added that the roofs are wood with metal overlay so there is some combustible material there also. Mr. Rosen opened the public hearing at 6:55 p.m. There was no one present on ZOOM wishing to address the Board and Ms. Rosa stated for the record that she had received no emails or phone calls for the appeal. Ms. Brock stated that SEQR is not required; this is Type II action – routine activity of an educational institution involving an expansion of existing facilities of less than 10,000 square feet. Mr. Rosen discussed requiring fire extinguishers and the board agreed that they should be required as stipulated in the NYS Uniform Fire Prevention and Building Code. ZBA Resolution 0003-2020 Sprinkler Variance Cornell University 275 Palm Rd, TP 64.-1-1 April 14, 2020 Resolved that this Board grants the appeal of Cornell University, owners, 275 Palm Road, Tax Parcel No. 64.-1-1, from the requirements of Town of Ithaca Code sections 225-3 that new buildings be required to have sprinkler systems and Town of Ithaca code section 225-3 A (8) requiring sprinklers for storage buildings exceeding 400 square feet in size, with the following: Conditions 1. That fire extinguishers are required as stipulated in the NYS Uniform Fire Prevention and Building Code, and 2. That all doors must be able to be opened from the inside, and 3. The structures remain used for storage only Findings 1. Strict application of the Sprinkler Chapter of the Town Code would cause a practical difficulty or unnecessary hardship, because there is no water service to this structure or heat which would raise an issue with any sprinkler system freezing at the site of the building, and 2. The omission of an approved sprinkler system from all or part of the building will not significantly jeopardize human life, because the building will be used for storage only, and the building has multiple exits for egress in an emergency situation which will be required to be able to be opened from the inside. Moved by Rob Rosen, seconded by Bill King. Vote: ayes - Rosen, King, Jung, Squires and Williams. Unanimous Other business Mr. Moseley noted that there are no appeals for next month. May Zoning Board of Appeals is canceled. Submitt^ by Paulette Rosa, Town Clerk ZBA Minutes 2020-04-14 Pg. 5