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HomeMy WebLinkAboutZBA Minutes 2020-11-10     Town of Ithaca Public Hearing Notice Zoning Board of Appeals Tuesday, November 10, 2020 @ 6:00 SP. 215 N. Tioga St. 0009-2020 Appeal of Bruce and Heather Lane, owners of 1071 Taughannock Blvd., Tax Parcel No. 21.-2-9, are seeking relief from Town of Ithaca Code section, 270-205A (Nonconforming structures), for a proposal to construct a second story addition. Town of Ithaca Code section 270-205A requires that a legally existing non-conforming structure cannot be enlarged or altered to increase the non-conformity, where the applicant is proposing to add an approximate 281 square foot second story addition facing the southern property lot line. The applicant proposes to maintain the existing southern property side yard setback, from the southern property lot line, to the existing dwelling of approximately 6 inches. The current property is located in the Lakefront Residential District. 'XHWRSXEOLFKHDOWK DQGVDIHW\FRQFHUQVUHODWHGWR&29,'WKH=RQLQJ%RDUGRI$SSHDOVZLOO QRWEHPHHWLQJLQSHUVRQ,QDFFRUGDQFHZLWKWKH*RYHUQRU¶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¶VZHEVLWHDQGFOLFNRQ0HHWLQJ$JHQGDV,IWKHUHDUHDQ\ TXHVWLRQV SHUWDLQLQJWRWKLV SXEOLFKHDULQJFRQWDFW0DUW\0RVHOH\DW PPRVHOH\#WRZQLWKDFDQ\XVRU RSWLRQ Marty Moseley Director of Code Enforcement Town of Ithaca Zoning Board of Appeals November 10,2020 Held via ZOOM due to Gov. Cuomo's Executive Order extensions regarding health and safety precautions during the COVID 19 pandemic Minutes Present: Rob Rosen, Chair; Members Chris Jung, Bill King, George Vignaux, David Squires, David Filiberto and David Williams Marty Moseley, Director of Code Enforcement; Susan Brock, Attorney for the Town and Paulette Rosa, Town Clerk Mr. Rosen called the meeting to order at 6:02 p.m. Appeal 0009-2020; Bruce and Heather Lane, owners, 1071 Taughannock Blvd TP 21.-2-9, Lakefront Residential seeking relief from Town of Ithaca Code Section 270-205A, Non- conforming structures to be permitted to add an approximately 281 square foot second story addition with no increase in footprint. Bruce Lane explained that with the increase in grandchildren, there is a need for additional space and the logical place is to add above the existing first floor with no increase to the footprint of the existing house. Mr. Moseley explained that the Town Code that an "existing, non-conforming structure cannot be enlarged or altered to increase the non-conformity. Mr. Rosen stated that this is a frequent type of appeal and seems routine in nature. Mr. King asked how this is increasing the non-conformity if the existing non-conformity is the setbacks, which are not changing. Mr. Moseley responded that he had the same question, and the pertinent wording is the "cannot be enlarged" and previous boards have made the determination or interpretation that this type of request needs a variance for that reason. He asked this board for their thoughts on that interpretation. Mr. Rosen added that the logic would be a 10' foot wall close to your side lot line versus a 20' foot wall when the volume is increased. It was noted that the neighbor has sent an email stating he has no issue with the appeal and the property was posted with the meeting notification. Board members did not see any issue with the variance or feel that there would be any impact to the neighborhood or neighboring properties. ZBA 2020-11-09 (Filed 2020-11-20) Pg. 1 Mr. Rosen opened the public hearing at 6:11 p.m.; there was no one present wishing to address the board on the topic and Ms. Rosa added for the record that she has not received any notifications or emails during the meeting asking to speak. Public hearing was closed. Ms. Brock noted that SEQR is not required as a single family renovation. ZBA Resolution 0009-2020 Area Variance 1071 Taughannock Blvd., TP 21.-2-9 Resolved that this Board grants the appeal of Bruce and Heather Lane, owners, 1071 Taughannock Blvd TP 21.-2-9, Lakefront Residential seeking relief from Town of Ithaca Code Section 270-205A, Non-conforming structures to be permitted to add an approximately 281 square foot second story addition with no increase in footprint, with the following Conditions 1. That the addition be built substantially as submitted to the Board. Findings For the reasons stated below, this Board finds that there will not be any detriment to the health, safety and welfare of the community, specifically: 1. That the benefit cannot be achieved by any other means feasible, given that any increase in the size or volume of the existing house would require a variance, and 2. That there will not be an undesirable change in the neighborhood character or detriment to nearby properties given that this area has many existing, nonconforming structures and the existing house is 2-stories in other portions of the building and will not increase the footprint or encroachment on the side yard setbacks. The addition is aesthetically in line with the current house in detail, size and scope, and the house is not visible from the public roadway, and 3. The request is not substantial in that the height of the house will not increase, just the volume of the house and the setback deficiencies will not increase, and 4. There will not be any adverse physical or environmental effects given that SEQR is not required, and 5. That the alleged difficulty is self-created in that the applicant would like to increase the volume of the house. Moved: Rob Rosen Seconded: Chris Jung Vote: ayes-Rosen, Jung, Vignaux, Squires and King; unanimous. Other Business Mr. Moseley noted that there will be an appeal next month for the size of a sign associated with the Amabel project and there is a potential appeal for January. ZBA 2020-11-09 (Filed 2020-11-20) Pg. 2 Mr. Mosely asked if the Board agreed with the need for a variance in this type of situation and an increase in volume should constitute the need for a variance when the nonconformity is the setbacks. Mr. Rosen thought the increase in volume is applicable given the example he used earlier with a larger "wall" being closer to the lot line. Mr. King agreed, saying the logic is sound, but suggested that the language could be strengthened to make that clear. Mr. Moseley said it is on his list of things to do. Mr. Rosen added that that makes sense, since if you were increasing the size on the other side of the building that wasn't encroaching on a setback or non-conformity, that might be different. Ms. Rosa added that in the recent past, the Zoning Board had requested that the Codes &. Ordinances review the non-conformity language because there were 4 or 5 in a row similar to this. Mr. Moseley responded that he and Ms. Brock have discussed this and it will be a proposed area for review. Meeting was adjourned upon motion and a second at 6:28 p.m. Submit Paulette Rosa, Town Clerk ZBA 2020-11-09 (Filed 2020-11-20) Pg. 3 TOWN OF ITHACA 215 N. Tioga Street, Ittiaca, N.Y. 14850 www.town.lthaca.ny.us AFFIDAVIT OF SERVICE BY MAIL AND POSTING & PUBLICATION STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) I, Christopher 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 28'^ day of October 2020, deponent served the within Notice upon the property owners listed on the attached document, for an appeal for a property located at: 1071 TaughannockBlvd. 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, and that the attached notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca on October 28, 2020 and the notice has been duly published in the official newspaper, Ithaca /oMrna/on November 02,2020. ^ \ - froni Town 'of' IthacI seek- a,Ie- laZ wheresquare foot second storv addlH«^ • ? .^PPfoxImate. 281 . property lot line. The aDollcarJt* .1. facing the southerr" southern property maintain th« P^Sima'te?^®^®'^ fin^to t th< Christopher Torres, Administrative Assistant Sworn to before me on NoV 1^2020.g southern property slde'^va^H^f®;!® maintain th.■rn properly fct HnS^o"Tk^lately 6 Inches. ^ existing dwelling of ap Notary PublL ^ECKY L. JORDAN NOTARY PUBLIC-STATE OF NEW YORK No. 01JO6186381 Qualitied In Tompkins County rMy Commission Expires April 28, 20^7 - ' ; 1 I / . ' - 'rrent propertv- is i . /i^k efront ResidenJafDistTta.' P'"PPerty;is^located in-theJiJtef conferencing through the Horn®^Idecaccessed and you'canrDrox/inf meeting can belie hearing by cjoina fo comments during the nub.Meeting- fo 94l39lo973^^-JP°i^ " J-P'" Meeting -Zoom meeting, by telenhdria * a's© ..call.jn to t^e -.-.w.c aiiu auring the «.Z t-—"""ents via emalif* -^'erkiatown.ithaTa ny u^s Pauletteon how to "access 'nformatior appilcation/meeting materials nr- and :projec1Ihe meWtlno^®^^^ submit,^ cir^of Ithaca's website and click Townthere are any questions.pertaJdiS^ Ageridas. hcomact fviarty Moselev at publfc Kearinq or 273-1721 option # 2. 'Timpseley^towri.ithaca.ny us •Marty Moseley' j < '* . Marty Moseley Director of Code Enforcement You are receiving this notice because you live within 500 feet of a property requesting a variance from the Town Code. Comments can be made during the meeting, or in writing via mail to 215 N. Tioga St., or via email to ctorres@town.ithaca.ny.us All comments become part of the official record. Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday, November 10, 2020 at 6:00 p.m. 215 N. Tioga St. 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 public will have an opportunity to see and hear the meeting live and provide comments. INSTRUCTIONS TO ACCESS THE VIRTUAL MEETING: If you have a computer, tablet or smart-phone, you can access the Zoom meeting by going to www.zoom.us and clicking on “Join a Meeting”, and entering 944-393-1973 into the Meeting ID. You can also call in to the Zoom meeting at +1 (929 436 2866). 0009-2020 Appeal of Bruce and Heather Lane, owners of 1071 Taughannock Blvd., Tax Parcel No. 21.-2-9, are seeking relief from Town of Ithaca Code section, 270-205A (Nonconforming structures), for a proposal to construct a second story addition. Town of Ithaca Code section 270-205A requires that a legally existing non-conforming structure cannot be enlarged or altered to increase the non-conformity, where the applicant is proposing to add an approximate 281 square foot second story addition facing the southern property lot line.The applicant proposes to maintain the existing southern property side yard setback, from the southern property lot line, to the existing dwelling of approximately 6 inches. The current property is located in the Lakefront Residential District.