Loading...
HomeMy WebLinkAboutZBA Minutes 2020-02-11Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday, February 11, 2020 @ 6:00 p.m. 215 N. Tioga St. 0016-2019 Appeal of Timur Dogan and Katharina Kral, owners of 10 The Byway, Tax Parcel No. 66.-1-10, are seeking relief from Town of Ithaca Code sections 270-68.L (Permitted accessory buildings and uses), 270-71.E(1) (Yard regulations), and 270-219.6.C(2) Additional requirements applicable to detached accessory dwelling units (for Accessory dwelling units), for a proposal to convert part of an existing barn to an accessory dwelling unit. Town of Ithaca Code section 270-71 E(1) requires a building occupied by a detached accessory dwelling unit to have a minimum of a 30 foot side lot line setback and a 15 foot rear lot line setback, where the applicant is proposing to provide a side lot line setback of approximately 2 feet 9 inches (measured to the new awning and stair area), and a rear lot line setback of approximately 0 feet as measured to the existing deck. Town of Ithaca Code section 270-219.6.C(2) requires that at least 20% of a detached accessory dwelling unit facade that faces and is visible from the street line have window or door openings, where the applicant is proposing to provide approximately 5% for one door. The current property is located in the Medium Density Residential District and the Forest Home Historic District. Contact Marty Moseley at mmoseley@town.ithaca.ny.us or 273-1721 ext. 2 with any questions Marty Moseley Director of Code Enforcement ZBA Minutes 2020‐02‐11    Pg. 1    Town of Ithaca Zoning Board of Appeals Tuesday, February 11, 2020 Meeting Minutes Present: Rob Rosen, Chair; Chris Jung, George Vignaux, David Squires, and Bill King Absent: Alternate David Williams and David Filiberto Staff: Marty Moseley, Codes; Jasmin Cubero, Deputy Town Clerk; Susan Brock, Attorney for the Town Mr. Rosen called the meeting to order at 6:02 p.m. 0016-2019 Appeal of Timur Dogan and Katharina Kral, owners of 10 The Byway, Tax Parcel No. 66.-1-10, are seeking relief from Town of Ithaca Code sections 270-68.L (Permitted accessory buildings and uses), 270-71.E(1) (Yard regulations), and 270-219.6.C(2) Additional requirements applicable to detached accessory dwelling units (for Accessory dwelling units), for a proposal to convert part of an existing barn to an accessory dwelling unit. Town of Ithaca Code section 270- 71 E(1) requires a building occupied by a detached accessory dwelling unit to have a minimum of a 30 foot side lot line setback and a 15 foot rear lot line setback, where the applicant is proposing to provide a side lot line setback of approximately 2 feet 9 inches (measured to the new awning and stair area), and a rear lot line setback of approximately 0 feet as measured to the existing deck. Town of Ithaca Code section 270-219.6.C(2) requires that at least 20% of a detached accessory dwelling unit facade that faces and is visible from the street line have window or door openings, where the applicant is proposing to provide approximately 5% for one door. The current property is located in the Medium Density Residential District and the Forest Home Historic District. Applicant overview Ms. Kral and Mr. Dogan gave an overview of the project, saying that the existing barn is used as a garage and they would like to renovate it into an accessory dwelling unit. The barn is a historic barn that they would like to preserve it and they would like to have space for their family and for a rental when we are not using it for family. They added that they love the neighborhood and their house and plan on being there long term. Mr. Moseley added that this property falls under the new owner-occupancy regulations for rentals and Ms. Brock noted that any variance would follow the property in perpetuity so any stated use by the applicants could change in the future by them or future owners. For example, if they are using the ADU for family, they can use it for a standard rental at any time. Mr. Squires asked about encroachment agreement and if this project had any impact on that agreement. ZBA Minutes 2020‐02‐11    Pg. 2    Ms. Brock said that she reviewed that agreement, and it depends on what the applicants are proposing. The encroachment agreement relates to the deck and use of the driveway and parking area that are on Cornell property. Ms. Brock asked the applicants to confirm for the record that they are not doing anything to the deck and to explain any effect to the parking area and drive. She read from the agreement regarding any rebuild or renovation of 50% or more of the deck would have to be on their own property. Mrs. Kral stated the only changes that would be made to the deck would be to bring the railing up to code but we are not enlarging the deck in any way. Ms. Brock stated that it did not sound that that would trigger the restrictions in the agreement. Ms. Kral stated that there is one parking spot next to the barn that they do not use and that is on their property, not Cornell’s and the plan would be for renters to use that spot, but the driveway would be used to get to that spot just as we use it to get to our parking. There are no proposed changes to the driveway. Mr. Dogan added that there are other neighbors with the same agreement with Cornell that use the gravel drive to access their property and parking areas. There will be three parking spaces that do not touch any other property available. Mr. Rosen asked if there is sufficient parking for adding an ADU and Mr. Moseley stated that 2 spaces are required for a single-family home and then “as needed” so they meet the requirement. Mr. King said he was confused about the 20% widow requirement and asked for an explanation. Mr. Dogan said he was confused by that because the area where Codes wants more windows is the backside that would look to the gravel drive and would not be a nice view and putting a window there would change the look of the barn more than what they wanted to do. Mr. King said the front and back of the barn are technically one thing due to the house fronting on The Byway, but in reality they are reversed in usage. Ms. Brock added that the photo shows the east side of the barn which is considered the front of the building even though when you are there on site, it is the back in usage. Public Hearing Mr. Rosen opened the public hearing at 6:15 p.m. Jeff Holden addressed the board saying that he is the across the street neighbor and he is in support of the project. He said that he thinks it will add to the neighborhood and keep it from becoming straight rental and instead be owner occupied rental. He added that there are a number of properties in the area that are in disrepair and he appreciates that the applicants are investing in the property. He added that he is especially in favor of the window exception because his house faces that corner ZBA Minutes 2020‐02‐11    Pg. 3    and would rather not have a window there as it would face his children’s rooms and would help with their privacy. There was no one else wishing to address the board and the hearing was closed at 6:17 p.m. SEQR Determination Ms. Brock state that no SEQR is required as this is Type 2 “construction or expansion of a single- family residence on an approve lot.” Board discussion Ms. Jung stated that she thought it was a favorable project because they are staying within character and the request is modest in scope. No significant changes to the outside and she thought the town was in favor of higher density in this area. Mr. Vignaux said he had no issues with the project as it will improve the house, the property and the neighborhood. Mr. Squires agreed with the statements above. Mr. King said he also agrees, especially as it is keeping the barn largely as it is and preserving it. Mr. Rosen agreed with the other members and thought it was a beneficial project. Ms. Brock wanted to explain the setback requirements in the new law saying that the thought was that if you are in a neighborhood with neighbors already surrounding you and then you add an ADU, which hadn’t been allowed before, that there would be setbacks so you wouldn’t have a new dwelling right up against your property line and the window requirements were to help with aesthetics. Mr. Rosen said he understands that, and he was struck by the lack of neighbors to this appeal, other than the one speaker who is a corner neighbor. Ms. Brock added that the window requirement did not take into account existing structures and what might be better for the neighborhood. Ms. Jung said this is a unique situation in that the barn is in existence now and only minor exterior changes are being requested and the project would help with the preservation of the historic neighborhood by keeping the barn. Mr. Rosen added that it is also unique in that there are no neighbors to speak of and this will be a good use of a historic barn and preservation of an existing structure. ZBA Minutes 2020‐02‐11    Pg. 4    Ms. Jung added that this is a historic, established neighborhood with existing encroachments and limited setbacks to current standards and abuts Cornell property and a gorge so all that together makes this request unique. ZBA Resolution 0016-2019 Area Variance 10 The Byway, TP 66.-1-10, MDR and Forest Home Historic District February 11, 2020 Resolved that this Board grants the appeal of Timur Dogan and Katharina Kral, owners, seeking relief from Town of Ithaca Code sections 270-68.L (Permitted accessory buildings and uses), 270- 71.E(1) (Yard regulations), and 270-219.6.C(2) Additional requirements applicable to detached accessory dwelling units, for a proposal to convert part of an existing barn to an accessory dwelling unit, with the following Conditions 1. That the exterior aspects of the project be built substantially as shown, and Findings That the benefit to the applicant outweighs and detriment to the health safety and welfare of the community, specifically: 1. The benefit the applicant wishes to achieve cannot be achieved by any other means feasible given that they want to preserve and renovate an existing historic barn which is a legally nonconforming structure in terms of side and rear yard lot lines granted through a previous variance, and 2. That there will not be an undesirable change in the neighborhood character or detriment to nearby properties given that the barn is existing on the property and that the window percentage variance is necessary to retain the historic structure and aesthetics of the barn and that it is located back from the road in what is considered the rear yard of the property and more than 100’ feet from the public roadway, and is not near any other existing residences on nearby properties and the exterior changes are minimal, and the Board is unanimous in feeling this is an appropriate use of structure, and the neighborhood is in the Forest Home Historic District and this will preserve the barn and historic character of the neighborhood, and 3. That the request will not have any adverse physical or environmental effects as evidenced by SEQR not being required under Type 2 exceptions, and, 4. That the alleged difficulty is substantial in that the required setback at the rear yard is 15’ feet and this has a setback of zero and the side yard lot line is 30’ feet and this will have 2’feet 9” inches, and the requirement of 20% of the street facing façade to have window and door openings and this will have about 5%, but these are mitigated by the fact that this is an existing structure and minimum changes to the facade will keep the historic appearance of the structure, and 5. That the alleged difficulty is self-created in that the applicants wish to have an accessory dwelling unit in an existing non-conforming structure with associated changes to requirements when adding an accessory dwelling unit, but, nevertheless, the benefit to the applicant outweighs any detriment as detailed in these fi ndings. Moved by Rob Rosen, seconded by Chris Jung. Vote: ayes - Rosen, Jung, Vignaux, King and Squires Unanimous. Other business Next meeting is March 10^ with a sign variance request from Cayuga Ridge requesting a canopy sign. Meeting was adjourned at 6:43pm Submh Paulette Rosa, Town Clerk ZBA Minutes 2020-02-11 Pg. 5 TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) ; I, Chris Torres, being duly sworn, depose and state, that deponent is not a party to the actions, is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca, New York. That on the 3rd day of February 2020, deponent served the within Notice upon the property owners listed on the attached document, within 500' feet of the following addresses: 10 The Byway By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York." Chris Torres, Administrative Assistant Sworn to before me this 13'^ day of May 2020 Jotary PuJ BECKY L. JORDAN NOTARY PUBLIC-STATE OF NEW YORK No. 01JO6186381 Qualified In Tompklns County My commlSBlon Expires April 28. 203.^ f 2/3^020 You are receiving this notice because you live within 500 feet of a property requesting a variance from the Town Code. Comments can be in person at the meeting, or in writing via mail to 215 N. Tioga St., or via email to ctorres@town.ithaca.nv.us All comments become part of the official record. Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday, February 11, 2020 at 6:00 p.m. 215 N Tioga St. 0016-2019 Appeal of Timur Dogan and Katharina Krai, owners of 10 The Byway, Tax Parcel No. 66.-1-10, are seeking relief from Town of Ithaca Code sections 270-68.L (Permitted accessory buildings and uses), 270-71.E(l) (Yard regulations), and 270-219.6.C(2) Additional requirements applicable to detached accessory dwelling units (for Accessory dwelling units), for a proposal to convert part of an existing barn to an accessory dwelling unit. Town of Ithaca Code section 270-71 E(l) requires a building occupied by a detached accessory dwelling unit to have a minimum of a 30 foot side lot line setback and a 15 foot rear lot line setback, where the applicant is proposing to provide a side lot line setback of approximately 2 feet 9 inches (measured to the new awning and stair area), and a rear lot line setback of approximately 0 feet as measured to the existing deck. Town of Ithaca Code section 270-219.6.C(2) requires that at least 20% of a detached accessory dwelling unit facade that faces and is visible from the street line have window or door openings, where the applicant is proposing to provide approximately 5% for one door. The current property is located in the Medium Density Residential District and the Forest Home Historic District. Marty Moseley Director of Code Enforcement