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HomeMy WebLinkAboutZBA Minutes 2021-04-13Town of Ithaca Zoning Board of Appeals Tuesday, April 13, 2021@ 6:00pm 215 N. Tioga St. Due to public health and safety concerns relating 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. Agenda 0012-2020 Appeal of Andy Slater of 2 Pros Construction, applicant for owners of 1020 East Shore Drive, Tax Parcel No. 19.-2-18. 0003-2021 Appeal of Justin Hicks of Holt Architects, applicant for owners of Tax Parcel No. 43.-2-10. INSTRUCTIONS TO ACCESS THE VIRTUAL MEETING: If you have a computer, tablet, or smartphone, you can access the Zoom meeting by going to www.zoom.us and clicking on "JOIN Meeting", and entering 944-393-1973 into the Meeting ID. You can also call in to the Zoom meeting at +1 (929) 436-2866. To join the meeting directly, go to https://zoom.us/j/9443931973. On the evening of, 04/13/2021, at 5 minutes before 6:OOpm, join in with your computer, smartphone, or telephone. You will be placed on hold until the meeting starts. Questions about accessing the Zoom vide conference should be emailed to ctorres(&town.ithaca.ny.us or (607) 273-1783 ext.2. Town of Ithaca Zoning Board of Appeals Tuesday, April 13, 2021 Meeting held via ZOOM platform due to COVID -19 Executive Orders for Health & Safety MINUTES Present: Rob Rosen, Chair; Members Christine Jung, George Vignaux, Bill King, David Squires; Alternates David Filiberto and David Williams; Marty Mosely, Codes; Paulette Rosa, Town Clerk; Susan Brock, Attorney for the Town Mr. Rosen called the meeting to order at 6:00 p.m. 0012-2020 Appeal of Andy Slater of 2 Pros Construction, applicant for owners of 1020 East Shore Drive, Tax Parcel No. 19.-2-18, Lakefront Residential, seeking relief from Town of Ithaca Code sections 270-205(A) (Nonconforming Structures), 270-46(A) and (C) (Yard regulations), and 270-47 (Building Area), for a proposed approximate 11-foot by 24-foot two-story addition, which will include two bedrooms and a covered carport. Town of Ithaca Code section 270- 205(A) does not allow for a non -conforming structure to be altered in a way that would increase its non -conformity, where the applicant is proposing a two story addition that would increase its non -conformity; Town Code 270-46(A) requires that a minimum depth of the front yard be not less than 30 feet measured to the front yard property boundary lot line, where 18 feet is proposed on the east side of the proposed addition; Town of Ithaca Code section 270- 46 (C) requires that side yard setback from property boundary lot lines are a minimum of 20 feet, where 2 feet 8 inches is proposed on the north side of the addition; and Town of Ithaca Code section 270-47 allows for a maximum of a 10% building area, where the approximate area is currently about 27% and is proposed to increase to slightly under 35% building area. Mr. Rosen stated that this project was scheduled to be before the Board previously when the Town Engineer determined that the proposal was over a sewer easement and the plans were reworked to avoid the easement. Mr. Rosen described the drawing saying that it seems self-explanatory, with the addition being moved away from the sewer easement. Ms. Brock shared a survey map to determine setback measurements. It was determined that the pin set is the edge of the road so the 18' feet for the setback is measured from that and is not increasing. Mr. Rosen asked about the car port and the agents stated that there would be three support posts not the two shown. Mr. Mosely shared his screen showing a GIS map from the County with lot lines and distances. ZBA 2021-04-13 Pg. 1 Mr. Squires said there is a car parked where the carport would be and asked if the intent is for one car to use it? The agent stated that the current size they have, which will not increase, just be covered, would allow a car and a half in depth, but the owner parks on the street now and will continue to do so and his spouse would use the carport. Mr. Squires stated that it seems a lot of people in the area seem to park on the side of the house, so this request is not impacting the character of the neighborhood. Mr. Rosen opened the public hearing at 6:15 p.m.; there was no one wishing to address the Board, and Ms. Rosa stated for the record that she had not received any calls or emails on the appeal prior to or up to this point. Mr. Rosen closed the public hearing. Ms. Brock stated that SEQR is Type 2 and not required as this is an area variance for an extension of a single-family residence. Mr. Rosen noted that there will be no effect on fire rescue access from what is presently there. Mr. King noted that the new lot coverage is up from 27% to 35%, and he was concerned with setting a precedent. He asked how close this coverage percentage is to the maximum of what is existing in this area. Mr. Moseley said he has not looked at the neighboring parcels to determine comparative lot coverage and shared the GIS mapping site again. It was noted for the record that many of the houses close by have significantly higher lot coverage. Mr. Rosen stated that it did not look like this proposal would be approaching the average maximum coverage in the area. Discussion followed on the layout and size of the proposed bedroom and the agent responded that they designed the addition with the smallest possible usable bedroom and the key was converting a small storage room in that corner of the existing house so as not to take away space or block light and views from the master bedroom as this is the owners primary residence and the addition will be used for visiting family. Mr. King asked about the size of the carport and any possible decrease and the agents responded that it is existing now at 22" feet or so and is just going to become covered. Ms. Jung stated that her only question was whether the neighbors had any issues and staff and board members noted that no correspondence or appearance by them was received. ZBA 0012-2020 Area Variance 1020 East Shore Dr, LF 19.-2-18 Resolved that this Board grants the appeal of Andy Slater of 2 Pros Construction, Agent for ZBA 2021-04-13 Pg. 2 1020 East Shore Dr., seeking relief from Town of Ithaca Code sections 270-205(A) (Nonconforming Structures), 270-46(A) and (C) (Yard regulations), and 270-47 (Building Area), for an addition as described in the public hearing notice, with the following Conditions 1. That the addition be built substantially as shown on the submitted plans And with the following Findings That the benefit to the applicant outweighs any detriment to the health, safety and well being of the neighborhood, specifically: 1. That the benefit the applicant wishes to achieve, being an addition, cannot be achieved by any other means feasible given that the house predates the zoning requirements, there is an existing sewer easement that has to be worked around further restricting the lot, and the lot is so small that no construction could meet the side yard setbacks given that the property is 38' Feet in total and the zoning requires 20' feet on each side, and 2. That there will not be an undesirable effect on the neighborhood or to nearby properties given that neighboring properties have higher lot coverage percentages, the addition is on the street side of the property and will not affect any neighbors' views and the character of the neighborhood is consistent with cars parking on the side of the residence, and 3. That there will not be any adverse environmental affects given the above that SEQR is not required, and 4. That the request is substantial in that the requirement is 20' feet on each side, and the request will result in a 2' foot 8" inch setback and the lot coverage will increase by 10% from 27% to slightly under 35%, where 10% is the maximum allowed, and 5. That the hardship is self-created in that the proposal is for an addition, but this Board finds that the benefit to the applicant does outweigh any detriment to the community for the reasons stated above. Vote: ayes Rosen, King, Vignaux, Jung and Squires Unanimous 0003-2021 Appeal of Justin Hicks of Holt Architects, applicant for owners of Tax Parcel No. 43.-2-10, MDR, seeking relief from Town of Ithaca Code section, 270-70 (Height limitations) for a proposal to construct a 9,230 square foot library that is proposed to be approximately 40 feet in height. Town of Ithaca Code section 270-70 limits the height of a building to not exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower, where the current proposal is requesting to allow for the proposed library to have a total height of 40 feet measured from the lowest exterior grade to the highest point of building. ZBA 2021-04-13 Pg. 3 Mr. Rosen stated for the record that his wife works for Holt Architects but is not deeply connected with this project and he does not feel there is a conflict of interest by him participating in this appeal. Mr. Hugo gave an overview of the project and shared depictions of the Library. Mr. Rosen stated that we have seen this type of structure on sloping landscape before and he does not think it is significant or will have an impact on the neighborhood. No other Board Members wished to comment at this time. Mr. Rosen opened the public hearing at 6:42 p.m. There was no one wishing to address the Board and Ms. Rosa verified that no one had called, emailed or indicated in anyway that they wished to comment. The hearing was closed. Discussion Ms. Jung stated that this building is very compatible with its surroundings and the taller parts of the design are not out of character or alarming. She stated that it was quite charming and magnificent. Mr. King stated that the height being requested is not substantial and the building is not visible from the road as well as being on a large lot. The project serves a public purpose and is very attractive. Mr. Vignaux stated that he was very much in favor of the project and the small height variance needed is negligible and common for sloped buildings and this is a great addition to the Town and a rare gem for us. All Board members echoed the same feelings with nothing but superlatives on the project and the design. ZBA Resolution 0003-2021 SEQR Namgyal Monastery His Holiness the Great 14th Dalai Lama Library and Learning Center TP 43: 2-10 MDR Resolved that this Board makes a negative determination of environmental significance based on the information in the Short Environmental Assessment form Parts 1 & 2 and for the reasons stated in Part 3. This is an Unlisted Uncoordinated EAF review. Motion made by Rob Rosen, seconded by Bill King Vote: ayes — Rosen, King, Jung, Vignaux and Squires Unanimous ZBA 2021-04-13 Pg. 4 ZBA Resolution 0003-2021 Height Variance Namgyal Monastery His Holiness the Great 14th Dalai Lama Library and Learning Center TP 43: 2-10 MDR Resolved that this Board grants the appeal of Justin Hicks, Agent, seeking relief from Town of Ithaca Code section, 270-70 (Height limitations) for a proposal to construct a 9,230 square foot library that is proposed to be approximately 39' feet 9" inches feet in height, with the following Conditions 1. That the project be built substantially as represented, specifically, that the height not exceed 40' feet 3" inches And with the following Findings That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically 1. That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given the topography of the parcel and site grading that would be extensive and disruptive, the intent is to capture as much daylighting as possible and for the reasons stated in the applicant's narrative, and 2. There will not be an undesirable change to the character of the neighborhood given this is a very large lot and the Library will not be visible from the public roadway or from neighboring properties, and 3. That the request is not substantial given that the height variance applies to one side of the structure given the process for measuring the top of the structure to the lowest part of the structure at grade level and the request is just under 4' feet higher than the maximum allowed and will not be perceived as distinguishable from most views of the building, and 4. That there will not be any significant adverse environmental impacts as evidenced by the negative determination based on the SEQR form, and 5. That the hardship is self-created in that the applicant wishes this design, nevertheless, this Board finds that the benefit to the applicant outweighs any detriment to the community for the reasons stated above. Motion made by Rob Rosen, seconded by Chris Jung Vote: ayes — Rosen, King, Jung, Vignaux and Squires Unanimous Other Business Mr. Rosen encouraged the board to review the materials for the next meeting as they are lengthy. ZBA 2021-04-13 Pg. 5 Meeting was adjourned upon a motion by Rob Rose, seconded by George Vignaux. Unanimous. s ZBA 2021-04-13 pg. 6 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, April 13, 2021 at 6:00pm 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 smartphone, 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). 0012-2020 Appeal of Andy Slater of 2 Pros Construction, applicant for owners of 1020 East Shore Drive, Tax Parcel No. 19.-2-18, is seeking relief from Town of Ithaca Code sections 270-205(A) (Non -conforming Structures), 270-46(A) and (C) (Yard regulations), and 270-47 (Building Area), for a proposal to build an approximate 11-foot by 24-foot two-story addition, which will include two bedrooms and a covered carport. Town of Ithaca Code section 270-205(A) does not allow for a non -conforming structure to be altered in a way that would increase its non -conformity, where the applicant is proposing a two story addition that would increase its non -conformity; Town Code 270-46(A) requires that a minimum depth of the front yard be not less than 30 feet measured to the front yard property boundary lot line, where 18 feet is proposed on the east side of the proposed addition; Town of Ithaca Code section 270- 46 (C) requires that side yard setback from property boundary lot lines are a minimum of 20 feet, where 2 feet 8 inches is proposed on the north side of the addition; and Town of Ithaca Code section 270-47 allows for a maximum of a 10% building area, where the approximate area is currently about 27% and is proposed to increase to slightly under 35% building area. The current property is located in the Lakefront Residential Zone. 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, April 13, 2021 at 6:00pm 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 smartphone, 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). 0003-2021 Appeal of Justin Hicks of Holt Architects, applicant for owners of Tax Parcel No. 43.-2-10, is seeking relief from Town of Ithaca Code section, 270-70 (Height limitations) for a proposal to construct a 9,230 square foot library that is proposed to be approximately 41 feet in height. Town of Ithaca Code section 270-70 limits the height of a building to not exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower, where the current proposal is requesting to allow for the proposed library to have a total height of 41 feet measured from the lowest exterior grade to the highest point of building. The current property is located in the Medium Density Residential Zone. Marty Moseley Director of Code Enforcement TOWN OF ITHACA �0 F ; 215 N. Tioga Street, Ithaca, N.Y. 14850 ,t " www.town.ithaca.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 2nd day of April 2021, deponent served the within Notice upon the property owners within 500 ft. of the property identified below, for an appeal for a property located at: 1020 East Shore Drive Tax Parcel No. 43: 2-10 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 April 2,2021 and the notice has been duly published in the official newspaper, Ithaca Journal on April 6, 2021. Christopher Torres, Administrative Assistant �" 202rd & Sworn to before me on 1. Notary Publ' CKY L. JORDAN NOTARY PUBLIC -STATE OF NEW YORK No. 01 J06186381 Qualified In Tompkins County My Commission Expires April 28, 20-A!/ Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday, April 13, 2021 ® 6:00 p.m. 215 N. Tioga St. 0012-2020 Appeal of Andy Slater of 2 Pros Construction, applicant for owners of 1020 East Shore Drive, Tax Parcel No. 19.-2-18, is seeking relief from Town of Ithaca Code sections 270-205(A) (Non -conforming Structures), 270- 46(A) and (C) (Yard regulations), and 270-47 (Building Area), for a proposal to build an approximate 11-foot by 24-foot two-story addition, which will include two bed- rooms and a covered carport. Town of Ithaca Code section 270-205(A) does not allow for a non -conforming structure to be altered in a way that would increase its non -conformity, where the appli- cant is proposing a two story addition that would in- crease its non -conformity; Town Code 270-46(A) requires that a minimum depth of the front yard be not less than 30 feet measured to the front yard property boundary lot line, where 18 feet is proposed on the east side of the proposed addition; Town of Ithaca Code section 270- 46 (C) requires that side yard setback from property boun- dary lot lines are a minimum of 20 feet, where 2 feet 8 in- ches is proposed on the north side of the addition; and Town of Ithaca Code section 270-47 allows for a maxi- mum of a 10% building area, where the approximate area is currently about 27% and is proposed to increase to slightly under 35% building area. The current property is located in the Lakefront Residen- tial Zone. 0003-2021 Appeal of Justin Hicks of Holt Architects, appli- cant for owners of Tax Parcel No. 43.-2-10, is seeking re- lief from Town of Ithaca Code section, 270-70 (Height limitations) for a proposal to construct a 9,230 square foot library that is proposed to be approximately 41 feet in height. Town of Ithaca Code section 270-70 limits the height of a building to not exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exteri- or grade, whichever is lower, where the current proposal is requesting to allow for the proposed library to have a total height of 41 feet measured from the lowest exterior grade to the highest point of building. The current property is located in the Medium Density Residential Zone. Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meet- ing in -person. In accordance with the Governor's Execu- tive Order 202.1. The meeting will be held by video conferencing through the Zoom App. The meeting can be accessed and you can provide comments during the pub- lic hearing by going to www.zoom.us - Join Meeting - Meeting ID 944-393-1973. You can also call in to the Zoom meeting by telephone at +1 (929 436 2866) to lis- ten to the meeting and provide comments during the public hearing. You can also provide comments via email before and during the meeting to Town Clerk Paulette Rosa at clerk®town.ithaca.ny.us. For more information on how to access the meeting and project application/meeting materials, or how to submit a com- ment before or during the meeting, please visit the Town of Ithaca's website and click on Meeting Agendas. If there are any questions pertaining to this public hearing, contact Marty Moseley at mmoseley®town.ithaca.ny.us or 273-1721 option 8 2. Marty Moseley Director of Code Enforcement 4/6/2021