HomeMy WebLinkAboutZBA Minutes 2023-05-15Town of Ithaca
Zoning Board of Appeals
Monday May 15, 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 livestream video on YouTube.
AGENDA
• ZBAA-22-130 Appeal of David Tat-Chee & Mavis Ng, owners of 306 Birchwood Drive, Tax
Parcel No. 70.-10-1.143
• ZBAA-23-5 Appeal; Linda Ruth, owner of 1057 Taughannock Blvd.; David Lewis, Agent;. Tax
Parcel No. 21.-2-14
• ZBAA-23-6 Appeal Ithaca College, Owner of 127 Conservatory Dr (Butterfield Stadium);
Mabel Gutliph, Agent; Tax Parcel No. 41.4-30.2
• ZBAA-23-7 Appeal Cornell University, Owner; Tax Parcel No. 62.-2-4
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Town offthaca
Zoning Board of Appeals
May 15, 2023
Present: David Squires, Chair; Members Chris Jurrr, , Connor Terry and Kim Ritter
Absent,: Mark Apker and StUail Friedrnan
Marty Moseley, Director of Code Enforcement, Paulette Rosa,,rown Uerk, and Susan Brock,
Attorney fior the Town
Mr. Squires opened the meeting at 6:03p.m. and noted that the 4"' appeal, that of Cornell
University, has been pulled due to arr error in the legal ad.
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ITEM I ZBAA-22-130 David "FaCht-ee & Mavis Ng, owners, 306 Birchwood
Dr., T11' 70,10-1.143, seeking relief froin'rown of Ithaca Code section 270-71 (E)(2) "Yard
regulations" to be permitted to keep a 10.5' x 11.5' accessory building in the front yard
where accessory buildings are only permitted in the, rear yard.
Mr. SqUires noted that the Applicant(s) was not present, but the Board had received a menio
from them detailing theirJustifications fbi- the variance and a letter frorn a neighbor opposed to
the variance,
Fle noted that this appeal was carried over fi-oin last inoriths meeting to allow theapplicant to
explorc other options for placing the shed in the rear yard or to expand on the hardships they feel
code -compliant placement would incur. They converted their garage to a fainily/exercise rooln
and added the shed without a permit, and the violation was discovered during inspection of the
conversion of the garage.
Mr, S(lUires added that the applicants hail referred to serious drainage issues at the last niecting,
but since they are riot here to answer questions and the Board has no further inf6rination to
diSCUSS with them other than the merno they seat, and they di(J not expand on the exploration arid
justification of"options in the back yard that would mitigate tire correct placement as requested
by this Board, Ile said lie was not inclined to change ]its inind about denying the appeal.
Ms. Jung stated that she, is familiar with the area as she lives near there, and there are no other
properties with sheds in the firont yard, She added that, this Board denied a very similar appeal
reeently which gave very similar reasoning and had about the sairre aniount of vegetation
shielding it from the neighbor and tire road and it was derried.
PUBLIC HEARING
Mr. Squires opened the public hearing; there was no one wishing to address the Board and the
hearing was closed.
ZBA 2023-05-15 (FHed 6/5) tag, 1
DEJERMINATION
ZBAA-22-130 Area Variance
306 Birchwood Dr, T P 70.40-1.143, MDR
Resolved that this Board denies the aplical of" David"I"aat-Chee & Mavis Ng, owncrs306
Birchwood Dr., seeking relief froniTown offthaca ( `ode section 270-71 (E)(2) "Yard
regulations" to be pertnitted to keep as 10.5' x 11 .5' accessory bUildiug ill the fi-OfIt yard wlicrc
accessory buildingsare only permitted in the rear yard, with the following
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That on balance, the benefit to the applicant does not outweigh any detriment to the health, safety
and welfare ofthe community, specifically
1. That the benefit the applicant wishes to achieve can be achieved by other mearis ficasible
given that the applicant has not demonstrated that it cannot be and the Board can
conceptualize options thal would pennit the building to be in the rear yard as required
under the Code, and
2. That there will be an undesirable change in thc neighborhood character and to nearby
progeniesgiven that there,areracy other accessory buildings in the front yards in the
neighborhood, and
I Th,'It the request is Substantial given an accessory building is not pennittcd in the f:ront
yard at all, and
4'The request will not have adverse physical or- environmental of as evidenced by
SEQR not being reqUircd at this is as Type 2 action involving as single family residence
and as minor accessory building, and
5. "I"hat the alleged difficulty is sell'crealed in that the applicarits converted an existing
garage to habitable space, thus wanting as shed, arid placed it in the fi-oat:where it is not
permitted.
Moved: David Squires Seconded: Connor 'Ferry
'Vote: ayes - Squires, Terry, Jung and Ritter
rrEM 2 ZBAA-23-5 Linda Ruth, owner, 1057 Taughannock Blvd.; David
LeNvis, Agent; seeking relief from'Fown of Ithaca Code section 270-46(C) (Yard
reg,ulations) to convert an existing garage into as single-family dwelling/house with as 4.1'
foot side yard setback where 20' feet is required.
Mr, Squires noted for the [3oard that this was to from the April meeting due to the applicant
or agent not I'wing present to answer questions, but this request is 14 the sarne variance
previously granted to the property but expired due to work not 1xing bCgUII Withill 11 months.
Mr. Moseley noted that the opposition from a neighbor which was conveyed by, her attorney at
the last inecting has been withdrawn. They Nvere able to talk to the apl)ficarit and get clarification
on the pro,ject which allayed their concerns,
PUBLICHEARING
Mr. Squires opened the public hearing and with no one wishing to speak, the hearing was closed,
DETERMINATION
ZBA Resolution ZBAA-23-5 Area Variance
1057 Taughannock Blvd.
Tax flat -eel 2L-2-14
Resolved that this Board grants the appeal of Linda Ruth, owner 1,057 'Faughannock Blvd. and
reaffirming ZBA. Resolution 011-2021, specifically
Conditions
1. 'rhat the pro.ject be built substantially as submitted, and
I 'I'liat the side setback be no less than 4.1 Beet, and with the fbilowing
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1. That the benefit the applicant wished to achieve cannot, be achieved by any other means
fcasible gi\/en the intent is t reuse the existing foundation, and
I "I'liere will neat 'he an undesirable change to the neighborhood character or detrinient to
nearby properties given that this is convetting an existing building with minimal
increase in height and the neighboring residence is approximately 288 feet away and
separated by a gorge an(.1 not visible frorn the house to the SOLIth giVCII OIC t0l)OgMphy,
and distance between houses, and
I That the request is substantial given that 20' feet is required and 4. P feet is requested,
and
4. The hOUse will not have any environmental eff' cts as evidenced by no SEQR, review
being required, and the I'iroposal s to reuse/convert an existing structure to habitable
space, and
5. "I"' hat although the alleged difficulty is self -create in that the applicants wish to convert
an 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 health,
satiety and welfare ofthe community ffir the reasons state &
Moved: David Squires Seconded: Chris .Jung
Vote: ayes Squires, Jung, "Ferry and Ritter Unarfirnous
ITEM 3 ZBAA-23-6 Ithaca College, Owner of 127 Conservatory Dr
(Butterfield Stadium); Mabel Gutliph, Agent; 'rP 41.4-30.2, seeking relief from'rown of
ZBA 2023-05-15 (FHed 6/5) P& 3
I
Ithaca ("ode section 270-70 (Height Limitations) to be permitted to install light, poles that
exceed 30" feet in height.
Mr. GLitliph gave an overview and presentation oil the proposed lighting and the engineering
science twhind the need t'br the licight to control the focus ofthe field offight and redUce ally
spillage in to the mirrotinding area.
Fle showed real -life photos of the dark sky reSUhS COMpared to standard licight pole which need
more poles and light as larger spillage area to get the field lit.
Mr. Gutliph added that the lighting is controlled by COMl)UtC.r and czars be shut offinstantly and
that there are trees over 100' feet tall that will ralsca shield the aesthetics elfccts ofthe lights.
PUBLIC' HEARING
Mr. Sqi,iires opened the pt,iblic hearing; there �N�as no one wishing to speak, and the hearing Was
closed.
SEQR DETERMINATION
There were no (JUestions from the Board.
ZRA Resolution ZBAA-23-6 SEQR - Area/1-leight Variance
127 Conservatory Dr (Butterfield Stadium)
'171141.-1-30.2
Resolved that this Board makes as negative determination of environmental significance based
upon the inf6rination in Parts I & 2 air(] for the reasons stated in Part 3 ofthe SEQR f6rin.
Move& David Squires Seconded: Kirn Ritter
Vote: ayes ---, SqLnres, Ritter, 4111g, and'Ferry
DETERMINA"FION
ZBA Resolution ZBAA-23-6 Area/Ileight Variance
1,27 Conservatory Dr (Butterfield Stadium)
Resolved that this Board grants the appeal of Ithaca )llege, owner,, 127 Conservatory Dr,
seeking relieffi-orn Town offthaea Code section 270-7'0 (Height lifflitations) to constrUCt exterior
light pole structures that exceed 30 ftet in height, with the fbilowing
1. That the lighting be const.rUCtC.(.1 as presented, and
2. That the lighting be slititoffat the C011CIUSiOtl ofeach event, and with the 15611mving
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That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of'
the comer-nunity, specifically
1. 'lliat the benefit that the applicant \Nrishes to achieve cannot be achieved by any other
rneans fcasible given that night games require lighting and the height requested l'br the
poles is necessary to aini the ligl'it at the fields with jivininium overfl(:rw occurring, and
2. 'J"hat there will not be an undesirable change in the neighborhood character or to nearby
properties, given that the granted height will reduce to the greatest extent possible any
light spillage beyond (lie intended targeted area and the conditions placed upon the
granting of this variance stated above, and
3. That (lie request is substantial given that the heights will vary frorn 80' , 100' feet where
30' 1:a et is permitted, and
4. The request will riot have adverse physical or environmental effects given that this Board
has made a negative determination on SEQR, and
5. That while the alleged difficulty is self-created in thal the College wishes to expand use
of the field by other teams and holding night time games, on balance, the betiefit is
Outweighed by the detriments as stated above.
Moved: David SqUires Seconded: Connot-Terry
VoW ayes Squires, Ritter, Ring, and Terry
ZBAA-23-7 APPeal Cornell University, Owner; Tax Parcel Nix 61-2-4 — Pulled due to
aflaw in the legal and
The applicants from the first appeal carne in person, saying they thought the rneeting began at
630 p.rn, The Board permitted thein to explain the comments they had submitted with. the
appeal. The Boaard did not wish to reopen the appeal,
Meeting adjourned upon as motion by Mr, Squires, seconded by Ms, Jung, unarrinious.
Patilette Rosa,
ZBA 2023-05-15 (Fded 6/5) P& 5