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Home My WebLink AboutZBA Minutes 2022-08-10Town of Ithaca Zoning Board of Appeals Wednesday August 10, 2022 6:00pm 215 N. Tioga St. Due to public health and safety concerns related to COVID-19 and NYS Legislation allowing virtual meetings. The Public Hearing meeting for the Zoning Board of Appeals will be held by video conferencing through the Zoom App with no in-person attendance permitted. The public will have an opportunity to see and hear the meeting live and provide comments through the Zoom App. If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the livestream video on YouTube. Agenda  0017-2022 Appeal of Francesco Raponi, owner of 122 Eastern Heights Drive, Tax Parcel No. 57.-1-8.111 INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON ZOOM: 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 852-5587-1576 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://us06web.zoom.us/j/85255871576. If joining through the Zoom App, you will be placed on hold until the meeting starts. INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON YOUTUBE: If you have a computer, tablet, or smartphone, you can access the meeting by going to the Town’s YouTube channel. To join the meeting directly, go to https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live Questions about accessing the Zoom video conference should be emailed to ctorres@town.ithaca.ny.us or (607) 273-1783 ext.2. ZBA 2022-08-10 (Filed 8/18) Pg. 1 TOWN OF ITHACA ZONING BOARD OF APPEALS Wednesday, August 10, 2022, 6:00 p.m. MINUTES Board Members Present: David Squires, Chair; Members Chris Jung, David Williams, Stuart Friedman and Mark Apker Marty Moseley, Director of Codes; Becky Jordan, Deputy Town Clerk; Susan Brock, Attorney for the Town Mr. Squires opened the meeting at 6:01 p.m. 0017-2022 Appeal of Francesco Raponi, owner of 122 Eastern Heights Drive, TP 57.-1- 8.111, Medium Density Residential Zone, seeking relief from Town of Ithaca Code Section 270- 71C , Yard regulations, which requires a side yard setback of 15’ feet from the side property boundary line, where the proposal is 10’ feet . Overview Mr. Raponi stated that the proposed attached garage is 720’ sf and the top right-hand corner would be over by a couple of feet into the 15’ yard setback. The garage will be built over the existing driveway plus some space. The project is a two-car attached garage with additional living space above with access to the main house. There will be no bathroom or plumbing installed. He added that they will also be installing French drains out back to help with drainage and his neighbor, Mr. Pichel has verbally stated to him that he has no objections to the project and other support from neighbors has been submitted to the Board. Questions Mr. Williams asked if everything other than this side yard setback variance is in compliance and noted that most of the houses in the neighborhood have attached garages. Mr. Moseley responded that that is correct, no other variances are needed. Mr. Friedman noted that there are other requirements to meet such as height and urged the applicant to be mindful of that as the construction plans were drawn. Public Hearing Mr. Squires opened the public hearing at 6:21 p.m. There was no one wishing to address the Board and the public hearing was closed. ZBA 2022-08-10 (Filed 8/18) Pg. 2 Discussion/Determination Under the SEQR regulations this is a minor accessory residential structure and therefore SEQR is not required. ZBA Resolution 0017-2022 Area Variance Francesco Raponi 122 Eastern Heights Dr., TP 57.-1-8.111 Resolved that this Board grants the appeal of Francesco Raponi, owner, 122 Eastern Heights Dr., TP 57.-1-8.111, MDR, seeking relief from Town of Ithaca Code Section 270-71C , Yard regulations, which requires a side yard setback of 15’ feet from the side property boundary line, where the proposal is 10’ feet . Conditions: 1. That the rear back right corner be at least 9 ½’ feet from the adjacent property line, and 2. That at least 80% of garage conform to the 15’ foot side yard setback requirement, 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. Benefit cannot be achieved by other means feasible given that the applicant desires a two- car garage with additional living space. The only area to build a garage is the right-side yard because of the diagonal property lines and the right side yard area diminishes as you approach the rear yard property line, and 2. There will be no undesirable change in neighborhood character or detriment to nearby properties given that attached garages are prevalent on this street and throughout the neighborhood, and 3. That the request is not substantial give that the majority of the structure will be in compliance with only approximately 5% encroaching into the setback where 15’ feet is required and 10’ feet is proposed, and 4. That the request will not have any adverse physical or environmental effects as evidenced by no SEQR being required, 5. That the alleged difficulty is self-created in that the applicant wishes to create additional living space on the second floor, resulting in the minor encroachment. Motion by David Squires, seconded by Chris Jung Vote:ayes—Squires,Jung,Friedman,Williams,andApkerOtherbusinessMr.Moseleyreportedthatthereisoneappealthusfarfornextmonth,Tuesday,September13.Meetingadjournedat6:38p.m.uponmotionbyDavidSquires,secondedbyStuartFriedman,unanimous.SubmittedbyBeckyTownClerkZBA2022-08-10(Filed8/18)Pg.3 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 Wednesday, August 10, 2022, at 6:00pm 215 N. Tioga St. Due to the public health and safety concerns relating to COVID-19 and NYS Legislation allowing virtual meetings, the Zoning Board of Appeals will not be meeting in-person. 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 through the Zoom App. If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the livestream video on YouTube. INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON ZOOM: 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 852-5587-1576 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://us06web.zoom.us/j/85255871576. INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON YOUTUBE: If you have a computer, tablet, or smartphone, you can access the meeting by going to The Town’s YouTube channel. To join the meeting directly, go to https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live 0017-2022 Appeal of Francesco Raponi, owner of 122 Eastern Heights Drive, Tax Parcel No. 57.-1- 8.111, is seeking relief from Town of Ithaca Code section 270-71C (Yard regulations). Town of Ithaca Code section 270-71C. requires a side yard setback of 15 feet in width, measured to the side property boundary line, where the applicant is proposing reduce the side yard setback to approximately 10 feet. The current property is located in the Medium Density Residential Zone. Marty Moseley Director of Code Enforcement Materials regarding this item can be found under Meeting Agendas on the Town of Ithaca website.