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HomeMy WebLinkAboutZBA Minutes 2023-02-21Town of Ithaca Zoning Board of Appeals Tuesday, February 21, 2023, at 5:30pm 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-23-3 Appeal of Alexis and Mark Grimm; Town of Ithaca, Agent/Applicant, owners of 653 Elmira Road, Ithaca, NY, 14850 Tax Parcel No. 35.4-18 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 littps:/ ............ _ /us06wel.7.zoom.us/j/8525587ll 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 11tt ............ Questions about accessing the Zoom video conference should be directed to lkofoid( )tow i ................................... . or (607) 273-1783 Town of Ithaca Zoning Board of Appeals February 21, 2023 Minutes Board Members Present: David Squires, Chair; Stuart Friedman, Connor Terry, and Kim Ritter. Absent: 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 5:39 p.m. ZBAA-23-3 Appeal of Alexis and Mark Grimm; Town of Ithaca, Agent/Applicant, owners of 653 Elmira Road, Ithaca, NY, 14850 Tax Parcel No. 35.-1-18; are seeking relief from Town of Ithaca Code section 270-19 (Size and area of lot). Town of Ithaca Code section 270-19 requires a minimum lot size of 7 acres, where a portion of parcel A is located in the conservation zone and is approximately +/- 37,441 square feet. The current property is located in the Neighborhood Commercial Zone and the Conservation Zone. Overview Mr. Goodman stated this property is a key piece of the future Black Diamond Trail segment from Buttermilk Falls state park to Lower Treman state park. The Black Diamond Trail has been an ongoing project for almost a decade. About 23 years ago the Planning Board approved a subdivision of this parcel. Due to title issues involving some estates the transaction never came to fruition and the approval expired after ten years. Recently, as a result of foreclosure auction, title issues have been resolved and the Town is hoping to purchase the back parcel to turn over to state parks. The front parcel is partially in the Towns Conservation zone. According to Town zoning laws, the more restrictive zoning applies even though the front part of the parcel is in the neighborhood commercial zone. The smaller size of the front lot is the reason for the variance. This was not a problem 23 years ago when the Planning Board approved the subdivision initially as the back portion wasn't in the conservation zone. Seeking the same subdivision as before. Mr. Friedman asked if the 2.6-acre lot is going to be incorporated into the parcel where the motel is? Mr. Goodman stated that although he isn't sure if the owners will combine parcels, he knows they are creating a separate LLC to own the new parcel. They plan to renovate the buildings turning the barn into an event venue and the house into rooms for rent. Mr. Squires opened the public hearing at 5:47 p.m. There was no one wishing to address the board and the public hearing was closed. pg. 1 ZBA 2023-02-21 (Filed 2/22) ZBAA Resolution 23-3 Area Variance 653 Elmira Road TP 35: 1-18 Resolved that this Board approves the appeal of Alexis and Mark Grimm, applicants, 653 Elmira Road, tax parcel 35.-1-18, neighborhood commercial zone, seeking relief from Town to Ithaca Code section 270-19 (Size and area of lot). Town of Ithaca Code section 270-19 requires a minimum lot size of 7 acres, where a portion of parcel A is located in the conservation zone and is approximately +/- 37,441 square feet. Conditions: 1. Parcel B and the access easement be conveyed to the Town of Ithaca within 6 months of this approval 2. Planning Board granting subdivision approval Findings: That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically 1. There will not be an undesirable change in neighborhood character as this parcel was previously going to be sold and approved for subdivision in 2000 and the back 45 acres will be preserved as parkland; 2. The benefit can be achieved by other means feasible such as making a 7-acre parcel however, that would defeat the purpose of maximizing the amount of park land to be used to support the Black Diamond Trail; The request is substantial given that Town code section 270-19 requires a minimum lot size of 7 acres whereas 2.6 acres is requested however it is mitigated by the preservation of open space; 4. The request will not have adverse physical or environmental effects based upon the information in SEQR form Parts 1 & 2 and the reasons stated in Part 3 and the Boards negative declaration of environmental significance; The alleged difficulty is not self-created as it was previously approved in 2000 but due to title issues it was never consummated; Motion by David Squires, seconded by Stuart Friedman Votes: aye — Connor, Ritter, Squires, and Friedman pg. 2 ZBA 2023-02-21 (Filed 2/22) Other Discussion: To resolve new third Monday meeting schedule conflicts: Monday, June I 91h changed to Tuesday, June 13 Ih Monday, October 16"' changed to Tuesday, October 20 Meeting adjourned at 6:00 p.m. upon motion by David Squires, seconded by Stuart Friedman Submitted -by .7 Deputy Town Clerk Becky JoIr Dep lig. 3 ZBA 2023-02-21 (Filed 2122)