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HomeMy WebLinkAboutZBA Minutes 2021-06-08Town of Ithaca Zoning Board of Appeals Tuesday, June 08, 2021@ 6:OOpm 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 0010-2021 Appeal of Edward Mabaya and Krisztina Tihanyi, owners of 208 Eldridge Circle, Tax Parcel No. 46.-1-15.47 0011-2021 Appeal of Linda Ruth, owner of 1057 Taughannock Blvd., Tax Parcel No. 21.-2-1 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, 06/08/2021, 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(ktown.ithaca.ny.us or (607) 273-1783 ext.2. Town of Ithaca Zoning Board of Appeals Tuesday, June 08, 2021@ 6:OOpm MINUTES Due to public health and safety concerns relating to COVID-19, and in accordance with the Governor's Executive Order 202.1, this meeting was held by video conferencing through the Zoom app. Present: Rob Rose, Chair; Members Chris Jung, Bill King, George Vignaux, and David Squires Alternates David Filiberto and David Williams Marty Moseley, Director of Codes; Becky Jordan, Deputy Town Clerk and Susan Brock, Attorney for the Town Mr. Rosen opened the meeting at 6p.m. 0010-2021 Appeal of Edward Mabaya and Krisztina Tihanyi, owners, 208 Eldridge Cir, TP 46.-1-15.47, LDR, seeking relief from Town of Ithaca Code section 270-60 (C) (Yard regulations) to construct a new single-family dwelling with an approximately 35' ft side yard setback on both sides where 40' ft is required. Ms. Tihanyi gave an overview, noting that her architect, Ms. Bartholomew was also present for any questions. She said the slope was the determining factor and the proposal is a single story with walkout basement and placed to allow for the garage and house to work within the slope. Ms. Bartholomew added that they are trying to avoid a wet spot and it will not be the entire house encroaching into the setbacks, but just a corner on each side. Mr. Rosen asked if the house is tilted so the walkout basement is at the bottom of the slope and that is the placement reason? Ms. Bartholomew responded that is correct, and the wet spot and fitting the access to the garage. She added that it is really hard to measure on that slope so the 5' foot request is really for a buffer and might be slightly less. Mr. Squires stated that he drove by and the neighboring house is far away and this request shouldn't impact anyone and is minor. Mr. Vignaux agreed, saying the encroachment is negligible and the whole body of the house isn't over the line which further mitigates the request. Mr. King wanted to know where the "wet spot" is. Ms. Tihanyi and Ms. Bartholomew responded that when they built the road, they pushed dirt onto the lot and changes the drainage and it may be worked out after we build, but there is no guarantee. It is over near the garage. ZBA 2021-06-08 (Filed 7/23) Pg. 1 Ms. Tihanyi added that the neighbor the right, there garage is almost on the property line. The Board looked at the survey map to determine where the wet spot was and the neighbors garage, and Mr. Moseley shared his screen to show the drawing. The Board was satisfied with depiction and description. Mr. Rosen opened the public hearing at 6:15 p.m. There was no one wishing to speak and the hearing was closed. Mr. Rosen noted that SEQR is not required as a Type 2, single family house. Mr. Rosen noted for the record that Taitem Engineering is the stamp on the survey, but he was not involved or aware of this project. Mr. King stated the same. Both stated that their would be no impact on them or their jobs if they were to vote against this project with the Taitem Engineering involvement. Ms. Jung and Mr. Filiberto felt the request was minor and fits the neighborhood and the unique circumstances described by the owner and architect make sense. ZBA Resolution 0010-2021 Area Variance 208 Eldridge Cir TP 46. 1-15.47 June 8, 2021 Resolved that this board grants the appeal of Edward Mabaya and Krisztina Tihanyi, owners, 208 Eldridge Cir, TP 46.-1-15.47, LDR, seeking relief from Town of Ithaca Code section 270-60 (C) (Yard regulations) to construct a new single-family dwelling with an approximately 35' ft side yard setback on both sides where 40' ft is required, with the following Conditions 1. That the project be built substantially as submitted to this Board, and 2. That the side setbacks be no less than 34.5' feet on either side, 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 lot is triangular and contains a steep slope, and 2. There will not be an undesirable change to the neighborhood character or detriment to nearby properties given that this is a single-family house similar to existing homes and ZBA 2021-06-08 (Filed 7/23) Pg. 2 only the corners of the structure, not the full width or full length will encroach into the side yard setbacks, and 3. That the request is not substantial, given that 40'ft is required and 35'ft is requested and only the corners will encroach as stated above, and 4. The house will not have any environmental effects as evidence by no SEQR review being required, and 5. That although the alleged difficulty is self-created in that the applicants wish to build on the lot, nevertheless, the benefit to the applicant does outweigh any detriment to the neighborhood or community for the reasons stated. Moved: Rob Rosen Seconded: David Squires Vote: ayes — Rosen, King, Jung, Vignaux and Squires 011-2021 Appeal of Linda Ruth, owner of 1057 Taughannock Blvd., TP 21.-2-14, LF, seeking relief from Town of Ithaca Code section 270-46 (C) (Yard regulations) for a proposal to convert an existing garage into a single-family dwelling/house. The applicant is proposing to retain the existing 4.1' foot side yard setback after converting the garage to a house. David Lewis, Architect, gave an overviewing, saying that it would be the only structure on the property as the former house was demolished. The existing garage has a concrete basement and it will be a small guest house. The intent is to not disturb any existing landscaping or the existing viewshed. He added that Indian Creek gorge is about 150' feet away from the proposed converted structure. Mr. Squires asked if this was the garage that is right on the road and Mr. Lewis responded that it was not, it was further down the lot. There are two garages on the property. Mr. Squires asked if the proposed garage is the same style as the one near the road and Mr. Lewis shared his screen to show the picture of the garage in question. Mr. Rosen asked about the house that was demolished, and how that avoided a primary structure on the lot. Mr. Moseley responded that he did not know the history but would look at that. Mr. Rosen said then it would not be an accessory dwelling unit and the applicants responded that was correct. Mr. Rosen said he doesn't see what is being saved here when only the foundation is going to remain and all the utilities and such will cause disturbance. Mr. Lewis responded that they are going to try and preserve the studs and foundation and anything else that can be salvaged and not impact the surrounding landscaping. ZBA 2021-06-08 (Filed 7/23) Pg. 3 Mr. King stated that he did a site visit, and he thinks this idea will be a lot less impactful than trying to build new. The foundation and asphalt is in good shape and there is quite a bit of work that has already been done to establish a flat area and trying to place something new would be a much greater impact. Ms. Brock asked if the height of the new building would be taller, and Mr. Lewis responded that the height would increase from about 16' ft to 20' or 21' ft and the roof line will change because the existing isn't attractive but that is open to discussion. Mr. Rosen opened the public hearing at 6:34 p.m. There was no one present, and Mr. Rosen discussed the two emails received. The State Parks had no concerns, and the neighbors did have concerns. Ms. Brock noted that no SEQR is required for the reasons stated in Mr. Moseley's memo. Discussion Mr. Vignaux stated that he did a site visit today and he doesn't see how it will impact Ms. Barr as this house is going to be located under a swale and is well on the other side of the gorge, 150' ft as stated by the owner, and her lot is huge. Mr. King stated that he didn't think Ms. Barr could see this house. Mr. Vignaux agreed, saying she would have to walk quite a way to get a glimpse, her lot is over 6 acres. Mr. Moseley shared the County GIS overview of the lots with the stream depicted. The image showed the previous, very large house that has been demolished. Mr. Squires said he was very supportive as they are repurposing a current structure and it will be the only home on the site. Ms. Jung agreed, saying she was very happy they were reducing the size of what had been there by removing and not rebuilding the large home. Mr. Williams and Mr. Filiberto agreed with the rest of the Board and did not understand the comments against the project as this will not crowd the neighbor or the neighborhood. ZBA Resolution 011-2021 Area Variance 1057 Taughannock Blvd., TP 21.-2-14, LF June 8, 2021 Resolved that this Board grants the appeal of Linda Ruth, owner of, seeking relief from Town of Ithaca Code section 270-46 (C) (Yard regulations) for a proposal to convert an existing garage ZBA 2021-06-08 (Filed 7/23) Pg. 4 into a single-family dwelling/house. The applicant is proposing to retain the existing 4.1' foot side yard setback after converting the garage to a house, with the following Conditions 1. That the project be built substantially as submitted to this Board, and 2. That the side setback be no less than 4.1' ft, 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 intent is to reuse the existing foundation, and 2. There will not be an undesirable change to the neighborhood character or detriment to nearby properties given that this is converting an existing building with minimal increase in height and the neighboring residence is approximately 288 ft away and separated by a gorge and not visible from the house to the south given the topography, and distance between houses, and 3. That the request is substantial, given that 20'ft is required and 4. V ft is requested, and 4. The house will not have any environmental effects as evidence by no SEQR review being required and that the proposal is to reuse/convert an existing structure to habitable space. and 5. That although the alleged difficulty is self-created in that the applicants wish to convert and existing building which encroaches on the setback rather than build elsewhere on the lot, nevertheless, the benefit to the applicant does outweigh any detriment to the neighborhood or community for the reasons stated. Moved: Rob Rosen Seconded: Chris Jung Vote: ayes — Rosen, King, Jung, Vignaux and Squires Other Mr. Moseley gave a quick overview of appeals coming up. Meeting was adjourned upon motion by Mr. Rosen, seconded by Ms. Jung, unanimous. ZBA 2021-06-08 (Filed 7/23) Pg. 5 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, June 08, 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). 0010-2021 Appeal of Edward Mabaya and Krisztina Tihanyi, owners of 208 Eldridge Circle, Tax Parcel No. 46.-1-15.47, is seeking relief from Town of Ithaca Code section 270-60 (C) (Yard regulations) for a proposal to construct a new single-family dwelling/house. Town of Ithaca Code section 270-60 (C) requires a side yard setback (measured from a side yard property lot line) of 40 feet, where the applicant is proposing to construct a new single-family dwelling/house which would be located within the side yard setback on both the north and south side of the property. The side yard setback, measured from the proposed dwelling/house to the property boundary line, would be approximately 35 feet. The current property is located in the Low -Density 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@towndthaca.ny.us All comments become part of the official record. Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday, June 08, 2021 at 6:OOpm 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). 0011-2021 Appeal of Linda Ruth, owner of 1057 Taughannock Blvd., Tax Parcel No. 21.-2-14, is seeking relief from Town of Ithaca Code section 270-46 (C) (Yard regulations) for a proposal to convert an existing garage into a single-family dwelling/house. Town of Ithaca Code section 270-46 (C) requires a side yard setback (measured from a side yard property lot line) of 20 feet, where the applicant is proposing to convert an existing garage into a single-family dwelling/house which would be located within the side yard setback (facing the southern property lotline). The applicant proposes to maintain the existing southern property side yard setback, measured from the southern property lot line, to the existing garage that is proposed to be converted into a single familydwelling/house of approximately 4.1 feet. The current property is located in the Lakefront Residential District. Marty Moseley Director of Code Enforcement TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.tow n. 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 28th day of May 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: 208 Eldridge Circle 1057 Taughannock Blvd 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 May 27, 2021 and the notice has been duly published in the official newspaper, Ithaca Journal on June 01, 2021. ez< Christopher Torres, Administrative Assistant Sworn to before me on I ��20 W40 SECKY L. JORDAN NOIARY PUBLIC -STATE OF NEW YORK No.OIJ06186381 Qvgtifletl In Tompkins County i''` 1,.;_41mi48100 Expires April 28. 20--/ Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday, June 08, 2021 0 6:00 p.m. 215 N. Tioga St. 0010-2021 Appeal of Edward Mabaya and Krisztina Tihanyi, owners of 208 Eldridge Circle, Tax Parcel No. 46.- 1-15.47, is seeking relief from Town of Ithaca Code sec- tion 270-60 (C) (Yard regulations) for a proposal to con- struct a new single-family dwelling/house. Town of Ithaca Code section 270-60 (C) requires a side yard setback (measured from a side yard property lot line) of 40 feet, where the applicant is proposing to con- struct a new single-family dwelling/house which would be located within the side yard setback on both the north and south side of the property. The side yard setback, measured from the proposed dwelling/house to the prop- erty boundary line, would be approximately 35 feet. The current property is located in the Low -Density Resi- dential Zone. 001 1-2021 Appeal of Linda Ruth, owner of 1057 Taughannock Blvd., Tax Parcel No. 21.-2-14, is seeking re- lief from Town of Ithaca Code section 270-46 (C) (Yard regulations) for a proposal to convert an existing garage into a single-family dwelling/house. Town of Ithaca Code section 270-46 (C) requires a side yard setback (measured from a side yard property lot line) of 20 feet, where the applicant is proposing to con- vert an existing garage into a single-family dwelling/house which would be located within the side yard setback (facing the southern property lot line). The applicant proposes to maintain the existing southern property side yard setback, measured from the southern property lot line, to the existing garage that is proposed to be converted into a single family dwelling/house of ap- proximately 4.1 feet. The current property is located in the Lakefront Residen- tial District. 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 # 2. 6/1 /2021