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HomeMy WebLinkAboutZBA Minutes 2023-03-20Town of Ithaca Zoning Board of Appeals Monday, March 20, 2023, at 6:00pm 215 N. Tioga St. The meeting for the Zoning Board of Appeals will be held in -person, at Town Hall, with the option for the public to also attend 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 a member of the public would like to attend the meeting virtually, for viewing purposes only, it is recommended to watch the livestrearn video on YouTube. ZBAA-23-4 Appeal of Tamarynde and Anthony Cacciotti; owner of 302 Tareyton Dr, Ithaca, NY, 14850, Tax Parcel No. 70.-2-4. 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.zo(-)rn, 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 I,Iltps-,//u,sO()wel,).7ooiTi,u,sj�/8.52.55871570. 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 hips://www outube.com/cliaririel/L.J(.C9vy ............ _cjXkJ0ktV1i�b'h(.,' 7�Njive ................. Questions about accessing the Zoom video conference should be directed to ofoid( )town i 1, fl< . q_1 ................................... . or (607) 273-1783 Town of Ithaca Zoning Board of Appeals March 20, 2023 Minutes Board Members Present: David Squires, Chair; Stuart Friedman, Connor Terry, Kim Ritter, Chris Jung, and Mark Apker Marty Moseley, Director of Codes; Becky Jordan, Deputy Town Clerk; and Susan Brock, Attorney for the Town Mr. Squires opened the meeting at 6:02 p.m. ZBAA-23-4 Appeal of Tamarynde and Anthony Cacciotti; owner of 302 Tareyton Dr, Ithaca, NY, 14850; are seeking relief from Town of Ithaca Code section 270-68K(4) (Permitted accessory buildings and uses). Town of Ithaca Code section 270-68K(4) requires a chicken coop to be located in the rear yard of a property, where a chicken coop is proposed to be located in the side yard. The current property is located in the Medium Density Residential Zone, Tax Parcel No. 70.-2-4 Overview Ms. Cacciotti explained that her son is taking a Backyard Barnyard class at school in which he will learn how to care for chickens. He would like to take advantage of the opportunity to bring three laying hens home in April. Their property is on a corner lot and their rear yard is not too deep. If our house were facing the way all the other houses face our side yard would be our rear yard. We would like to have the chicken coop in our side yard so that is the reason we applied for the variance. Mr. Squires asked if the existing canopy in the side yard is the specific location for the chicken coop? Ms. Cacciotti replied yes. The canopy is a 6x10' enclosure with fencing so it's fully enclosed so the chickens can't get out. The small coop will go inside and we are thinking about moving it once per week for the chickens to have a healthy forage. Ms. Jung asked what is their front yard, is it Tareyton or Rose Hill? Mr. Moseley explained that yard definitions have changed for clarity since the build of this house in 1955 to include the fagade of the principal building. In this case the majority of the facade of the house, including the front entrance faces Rose Hill. The side facing Tareyton has no interaction with the roadway. In answer, the front yard is technically facing Rose Hill. Ms. Brock stated that SEQR is not required as this is construction or placement of a minor accessory/appurtenant residential structure not changing any land. Public Hearing - Mr. Squires opened the public hearing at 6:12 p.m. Isaac Lindbloom, neighbor at 303 Muriel Street, spoke in support of the project. pg. 1 ZBA 2023-03-20 (Filed 4/7/23) ZBAA Resolution 23-4 Area Variance Tamarynde and Anthony Cacciotti, owners 302 Tareyton Dr., TP 70: 2-4 MDR Resolved that this Board grants the appeal of Tamarynde and Anthony Cacciotto, 302 Tareyton Dr., TP 70.-2-4 MDR, seeking relief from Town of Ithaca Code section 270-68k (4) (Permitted accessory buildings and uses) with the following: Conditions 1. The structure be greater than 20 ft from west side property 2. Setback be consistent with front of house 3. Chapter 270-68(k) conditions be complied with 4. Shall not exceed approximately IOx6 in size Findings 1. The benefit can be achieved by other means however, it would require the coop to be close to Tareyton neighboring property lines due to unique rear yard configuration. The location of west side yard the applicant is seeking is least impactful with shared property lines farthest away. 2. That there will not be any undesirable change to the neighborhood character or to nearby properties given that the code allows for chickens and placement has the least impact on neighbors. 3. The request is substantial given that code requires rear yard placement. However, it is mitigated by the unique configuration of this property with ample space in the side yard providing the most separation from nearby properties. 4. The request will not have adverse physical or environmental effects as evidenced by the fact that SEQR is not required, and it is small and screened. 5. The alleged difficulty is not self-created given that the house is oriented toward Rose Hill but the lot itself is configured as if the house were oriented toward Tareyton Drive. The 2007 zoning amendment changed the definition of front yard resulting in this property's rear yard now, under current zoning, being the side yard. It would be difficult to raise chickens in what is now considered the rear yard. On balance, the Board feels that the benefit to the applicant outweighs the detriment to health, safety & welfare of the community. Motion by David Squires Seconded by Mark Apker Vote: ayes — Chris Jung, David Squires, Stuart Friedman, Connor Terry, Mark Apker, and Kim Ritter Other Business Mr. Moseley stated applicants from a previously adjourned appeal contacted him indicating they will be out of town and therefore unavailable until after the 90 day timeline given by the Board and have requested an extension. It was asked and clarified that the applicants are currently in a location that is approximately 12-14 pg. 2 ZBA 2023-03-20 (Filed 4/7/23) ME= I IM491 =20KIMMO 1M Wa (yM] rAgisgavalf moo M III% rams Submitted by, feUcky Jo a p Town Clerk Jo P'g. 3 ZBA 2023-03-20 (Filed 4/7,123)