Loading...
HomeMy WebLinkAboutZBA Minutes 2023-09-18Town of Ithaca Zoning Board of Appeals Monday, September 18, 2023, at 6:OOpm 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. e ►9e ZBAA-23-17 Appeal of Donald Moore, owner of 213 King Rd W, is seeking relief from Town of Ithaca Code section 270-60 C. (Yard regulations). Town of Ithaca Code section 270-60 C. requires a side yard setback of not less than 40 feet, where the applicant is proposing to construct single family dwelling that is proposed to be approximately 18.8' feet measured to the side yard property boundary line. The property is in the Low -Density Residential Zone, Tax Parcel No. 37.-1-6.2. ZBAA-23-19 Appeal Ithaca College, Owner; Vincent Nicotra, Applicant/Agent, is seeking relief from Town of Ithaca Code section 270-70 (Height limitations).Town of Ithaca Code section 270-70 limits buildings to a maximum height of 38' measured from the lowest interior grade or 36 feet measured from the lowest exterior grade (whichever is lower), where the building addition is proposing to have a maximum height of approximately 57'9.5" measured from the lowest interior grade. The property is in the Medium -Density Residential District Zone, Tax Parcel No. 41.-1-30.2. ZBAA-23-18 Appeal of Lindsay and Zach Hansen, owners of 313 Warren Rd, are seeking relief from conditions established on a previously approved height variance and Town of Ithaca Code sections 270-60E(1) (Yard regulations) and 270-219.6B(1) (Accessory dwelling units). A previously approved height variance, of 21', was awarded for an accessory building with conditions that (1) there be no occupancy other than by the owner and his family and (2) that there be no kitchen in the accessory building, where the proposal would remove such conditions from the previously awarded area variance. Town of Ithaca Code section 270-60E(1) requires a minimum side lot line setback of 50' for an accessory dwelling unit, where the current accessory building has a side lot line Page 1 of 2 setback of approximately 38' from the southern property boundary line. Town of Ithaca Code section 270-219.613(1) limits the floor area of accessory dwelling units not to exceed 800 square feet or 70% of the floor area of the principle dwelling unit (whichever is less), where the proposal is to have an accessory dwelling unit of approximately 938 square feet. The property is in the Low -Density Residential Zone, Tax Parcel No. 68.-1-5. ZBAA-23-14 Appeal of Geoff Tate, owner of 1045 Taughannock Blvd., Jake Roberts, Agent; is seeking relief from Town of Ithaca Code section 270-46 E(1) (Yard regulations). Town of Ithaca Code section 270-46 E(1) requires an accessory building, other than a garage, to be located a minimum of 30 feet from the front property line, where the accessory building is proposed to be located, approximately, 3'2" from the front property line. The property is in the Lakefront Residential Zone, Tax Parcel No. 21.-2-16. Discussion regarding the property history and future variance requests for 635 Elmira Rd, proposed Comfort Inn Hotel. 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 vu..i 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 Ih.tt s;//us06web,. oom,.us/'/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 hit s;//www„ outube,.com/channel)/lJCC9v cXkJ6kIlVllib`hC 7NQ/Ilive Questions about accessing the Zoom video conference should be directed to Il.krgfc.d town,.ithacamy,.us or (607) 273-1783 Page 2 of 2 TOWN OF ITHACA Zoning Board of Appeals September 1.8, 2023 Present: Board Members David Squires, Chair; Chris Jung, Connor Terry, and Stuart Friedman Absent: Mark Apker and Kim Ritter Marty Moseley, Dir. of Code Enforcement; Paulette Rosa, Town Clerk; and Susan Brock, Attorney for the Town Mr. Squires opened the meeting at 6:05 p.m. 1. ZBAA-23-17 Appeal of Donald Moore, owner of 213 King Rd W, LDR, TP 37.4-6.2, seeking relief from Town of Ithaca Code section 270-60 C (Yard regulations) which requires a minimum side yard setback of 40' feet where approximately 18' 8" is proposed for a single-family dwelling. Mr. Moore gave a lengthy presentation on his proposal using google maps and street view, older zoning ordinances, drawings and renderings of the proposed structure, assessment maps and diagrams and surveys. The material showed the restraints on the property from topography and especially slope; existing smaller side yard setbacks in the area; and mitigating shielding provided by brush and natural vegetation between his property and one of the neighbors. He said the most important factor is that the subdivision of the lots in the area happened decades ago, resulting in then compliant residential districts zone setbacks of 10' feet for a buildable lot of 80' feet where the current zoning is low density with 40' foot setbacks resulting in a 20' foot buildable area on the lot. He showed that most homes in the area are built within 20' feet or significantly less of the side property lines and his proposal would be about 125' feet from one neighbor and about 200' feet from another neighbor's houses but not meeting the side yard setbacks. He added that the lot is near a part of Buttermilk State Park that is not likely to be developed and the design he proposes showcases the views of that natural area in the living area. Mr. Moore stated he went through many calculations trying to shift the layout but the net reduction in the variance he was requesting was so small and the impact to his design so big that it made those other placements or orientations not feasible in his opinion. He added that his proposed design also helps with any environmental impact as it allows using the slope and topography and installing a footer drain to help mitigate run off and reduces excavation needs and helps with the placement of the septic area that is available. A lengthy discussion followed regarding shifting the orientation of the proposed home where Mr. Moore reiterated his calculations and scenarios and the very small decrease in the requested variance that would result compared to the aesthetic and livability of his proposed orientation. ZBA Minutes 2023-09-18 (Filed 9/25) Pg. 1 Public Hearing — Mr. Squires opened the public hearing at 6:46 p.m. Mrs. Hicks, a neighbor to the west spoke, saying that they would be the ones having the biggest impact and she made a diagram to be able to shift and move the proposed house and she thought it could be shifted to minimize the impact on her house. She showed members her diagram working template but was not able to share it or submit it in a way that it could be saved for the file. Mr. Hicks asked if a further addition would require another variance and Ms. Brock told him it would. Mr. Vrabel spoke saying two of the lots have been combined, the adjacent lots, because he wanted to put up a barn, so he had to combine 209 and 211 into one lot. There was no one else wishing to speak and the hearing was closed. SEQR — Type 2 and not necessary for an area variance for a single-family home. Discussion Gary Bush, licensed engineer spoke, saying that because this is not a true triangle, the benefit to shifting the footprint is negligible and is an optical illusion on 2-dimensional paper. Board members were in favor of granting the appeal, feeling that the lot presented unique hardships and challenges and although he bought the property knowing about the restrictions, it is unique and the proposed home blends into the existing neighborhood and surrounding nature and this is a remarkably narrow lot and the proposal is good and has been moved back to mitigate the impact to the neighbors and this lot was established with 10' foot setbacks in place. ZBAA-23-17 Area Variance 21.3 King Rd W, LDR, TP 37.4-6.2 Resolved that this Board grants the appeal of Donald Moore, owner of 21.3 King Rd W, TP 37.- 1-6.2, seeking relief from Town of Ithaca Code Section 270-60 C (Yard regulations) which requires a minimum side yard setback of 40' feet where approximately 18' 8" is proposed for construction of a single-family dwelling, with the following Conditions That the home be built substantially as presented as to location, with a side yard not less 18' from the side yard property line, and with the following Findings That the benefit to the applicant outweighs any detriment to the health, safety, and welfare of the community, specifically ZBA 2023-09-18 (Filed 9/26) Pg. 2 1. That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given that the lot was created in 1956 with a legally compliant 100' feet width which has subsequently changed, and the natural desire to have the living area windows face the natural beauty of the area is understood, and 2. That there will not be an undesirable change to the neighborhood or to nearby properties as several houses in the area have similarly small setbacks and the proposed home has been designed and placed to minimize any impacts to the neighbors, and 3. That the request is substantial in that 40' feet is required where 18' feet is being granted, and 4. That there will not be any adverse environmental effects as no SEQR is required, and 5. That the hardship is self-created in that the applicant was aware of the restrictions on the property prior to purchasing the property. Moved: David Squires Seconded: Chris Jung Vote: ayes — Squires, Jung, Terry, Friedman, and Minnig 2. ZBAA-23-1.9 Appeal of Ithaca College, TP 41: 1-30.2, MDR, seeking relief from Town of Ithaca Code Section 270-70 (Height limitations) to be permitted to construct an elevator shaft that measuring almost 58' feet from the lowest interior grade where 38' feet is permitted. The Applicant was not present, and it was determined that this was a straight -forward request and Mr. Moseley reviewed the necessity and reasoning for the requested height as submitted in the application materials. Public Hearing — Mr. Squires opened the public hearing at 8:10 p.m.; there was no one wishing to speak, and the hearing was closed. The applicant joined via telephone from overseas, apologizing for the miscommunication on the College's part in having a representative present. He showed pictures of the elevator improvement project. SEQR — None needed — Educational/Institutional routine activities including expansions of less than 10k square feet. Determination ZBAA-23-19 Area Variance Ithaca College, TP 41.4-30.2 MDR Resolved that this Board grants the appeal of Ithaca College, seeking relief from Town of Ithaca Code Section 270-70 (Height limitations) to be permitted to construct an elevator shaft that measuring almost 58' feet from the lowest interior grade where 38' feet is permitted with the following ZBA Minutes 2023-09-18 (Filed 9/25) Pg. 3 Conditions That the elevator shaft be built substantially as shown in the application materials and not to exceed 58' feet from the lowest interior grade, and with the following Findings That the benefit to the applicant outweighs 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 that the elevator shaft is needed to address accessibility issues and the height is required for the necessary overrun distance for the function of the elevator, and 2. That there will not be an undesirable change in the neighborhood character or a detriment to any nearby properties as this is within the campus and surrounded by buildings that exceed this height, and 3. That the hardship is not self-created in that the elevator is necessary to meet accessibility requirements as required by Federal and State ADA laws, and 4. That there will not be any adverse environmental effects as evidenced by no SEQR being required, and 5. That the request is substantial as 38' feet is the maximum and 58' feet is being granted, but the extension above ethe existing building will be minor, at about 2.5'. Moved: David Squires Seconded: Chris Jung Vote: ayes — Squires, Jung, Friedman, Terry and Minnig 3. ZBAA-23-18 Appeal of Lindsay and Zach Hansen, owners of 313 Warren Rd, LDR, TP 68. 1-5, seeking relief from conditions associated with an existing variance from Town of Ithaca Code sections 270-60E(1) (Yard regulations) and 270-219.6B(1) (Accessory dwelling units) where a variance was granted for a 21' foot height variance for an accessory building with a condition that (1) there be no occupancy other than by the owner and his family and (2) that there be no kitchen in the accessory building. The current requested variance is to remove those conditions attached to the existing accessory structure thereby making the accessory structure an accessory dwelling unit, which would require a variance from Town of Ithaca Code section 270-60E(1) which requires a minimum side lot line setback of 50' for an accessory dwelling unit, where the current accessory building has a side lot line setback of approximately 38' and from Section 270-219.6B(1) which limits the floor area of accessory dwelling units to 800 square feet or 70% of the floor area of the principle dwelling unit (whichever is less), and the proposal is for the resulting accessory dwelling unit to be approximately 938 square feet. Mr. Hansen gave an overview of the appeal, saying that they have other short-term rentals and they were not aware of the restrictions on the structure when they purchased it. They intend to ZBA 2023-09-18 (Filed 9/26) Pg. 4 be hosted -rentals as the main house is their house, and they will also be using the ADU for family and friends as the main house does not have the room with their size family. He said he didn't feel there would be an impact to neighbors as the house abuts the golf course and the structure itself will not be changing and as they will be present during rentals, they would be there to oversee any potential problems from renters themselves. The unit has a bathroom, and the intent is to install a small kitchenette. Public Hearing — 7:21 pm Neighbor directly adjacent spoke saying she was concerned about the notification process as she was not aware of this until getting a letter on Friday and did not see the orange sign on the fence. She said she is very familiar with the past use of the building as she has lived there for decades and she was the impetus behind the conditions being requested to be removed here tonight, but that was before the Town instituted strict legislation on short-term rentals. She said she does not have a fundamental objection, but asked about the number of people that would be permitted as the space above the garage is a one bedroom. Mr. Moseley clarified that under the current legislation, only 2 people would be permitted. Determination Mr. Squires said that he thought the request was reasonable as the condition was imposed at a time when the use of the main house was different and there are now rules in place to mitigate concerns regarding short-term rentals. Mr. Friedman said conditions were on the property and although the applicants said the conditions were buried per the Code Officer, short-term rentals do increase the cost of housing and he felt the town was more in favor of and legislating toward long-term rentals vs short-term rentals and this variance will follow the property in perpetuity. There was discussion regarding the receipt of the mailed notice and the posting of the orange notice and Mr. Squires noted for the record that failure of either of those notification mechanisms are not a fatal flaw and the Board was comfortable continuing with the determination. ZBAA-23-1.8 Area Variance 313 Warren Rd, LDR, TP 68.4-5 Resolved that this Board grants the appeal of Lindsay and Zach Hansen, owners of 313 Warren Rd, LDR, TP 68.-1-5, seeking relief from conditions associated with an existing variance from Town of Ithaca Code sections 270-60E(l) (Yard regulations) and 270-219.6B(1) (Accessory dwelling units) to be permitted to convert an existing accessory building to an accessory ZBA Minutes 2023-09-18 (Filed 9/25) Pg. 5 dwelling unit by removing conditions on an existing variance and granting area variances to exceed the minimum floor area and side lot line setbacks for the created accessory dwelling unit, with the following Conditions 1. That the side yard setback be no less than 38' feet, and 2. That the habitable area of the accessory dwelling unit be no larger than 938 square feet, and with the following Findings That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically 1. That the benefit the applicant wishes to achieve, short-term rental of the habitable space above the garage, cannot be achieved by any other means feasible given the existing conditions imposed by a previously granted variance, and 2. That there will not be an undesirable change in neighborhood character or to nearby properties because there will not be any exterior changes to the structure and there are strict regulations regarding rentals of accessory dwelling units, and That the request is substantial in that a. the Board is removing existing conditions granted to an existing, nonconforming accessory building that restricted the use of the habitable space to the owner and his family and prohibited the installation of kitchen facilities as conditioned above at a maximum of 938 sgft., and b. the Board is granting a setback of no less than 38' feet for the existing, nonconforming building that is now being used as an accessory dwelling unit, and c. the Board is reaffirming the height variance granted at 21 ft, and 4. That the request will not have any adverse environmental effects as evidenced by no SEQR being required, and That the alleged difficulty is self-created in that the restrictions were in place prior to the applicant purchasing the property Moved: David Squires Seconded: Connor Terry Vote: ayes — Squires, Terry and Minnig nays — Jung and Friedman Motion passes 3 to 2 4. ZBAA-23-1.4 Appeal of Geoff Tate, owner, 1045 Taughannock Blvd., LF, TP 21.-2-1.6. Jake Roberts, Agent; seeking relief from Town of Ithaca Code section 270-46 E(1) ZBA 2023-09-18 (Filed 9/26) Pg. 6 (Yard regulations) which requires an accessory building, other than a garage, to be located a minimum of 30 feet from the front property line, where the proposed accessory building will be approximately, 3'2" from the front property line. Mr. Roberts gave an overview, stating that the proposal remains the same as submitted at the last meeting, but clearer drawings and an expanded narrative regarding the proposed uses of the shed were included in the updated packet. Board members stated that they had visited the site and the ROW impacts the available options and gives the impression that the setback is larger than what it is and the location and size are acceptable and reasonable. Public Hearing — 7:57 p.m. A neighbor spoke in favor of granting the appeal. The public hearing was closed. SEQR — Type 2, single family minor structure. Determination Board members felt the existing vegetation and the State's ROW make this a unique situation and mitigate any impacts, which they felt would be minor at most. ZBAA-23-1.4 Area Variance 1045 Taughannock Blvd, TP 21.-2-16, LF Resolved that this Board grants the appeal of Geoff Tate, owner, 1045 Taughannock Blvd., seeking relief from Town of Ithaca Code Section 270-46 E(l) (Yard regulations) to be permitted to construct an accessory building other than a garage to have no less than a 30' foot setback from the front property line where the proposal is for the structure to be 3' feet 2" from the front property line, with the following Condition 1. That the accessory building be built substantially as shown and the set back be no less than 3' feet from the front property line, and with the following Findings That the benefit to the applicant outweighs any detriment to the health, safety, and welfare of the community, specifically ZBA Minutes 2023-09-18 (Filed 9/25) Pg. 7 I . That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given the toporaphy of the site is v,ery steep and sloped and the only level area is at the top of the property which is bisected by a 30' foot ROW to the State 1301', restricting the Uscable area ofthc parcel, and I That the hardship is self-created in that the applicant wishes to have as treated driveway which requires an electrical panel and a shed to store additional materials at the top of the drivcway, and 3� 'That there will not be any adverse environmental impacts as evidenced by no SEQR being required, and 4. That the request is substantial in that 30' feet is required where 3' feet is being granted, but this is trinigated by the State's ROW restricting the property, and 5. That there will not be any Undesirable change in neighborhood character or as detrinlent to nearby properties land the shed will be screened by the slope and existing vegetation and the existence ol'the large State ROW gives the real-time impression that the setback is significantly larger than it is. Moved: David Squires Seconde& Stuart Friedman Vote: ayes Squires, Friedman, fling, Terry, and Minnig 3. Discussion regarding the property history and future variance requests for 635 Elmira Rd, proposed Comftwt Inn Hotel. Alin- properties gave an overview with renderings oil the proposed hotel that is going before the planning Board tomorrow night fior Sketch Plan and Preliminary approval and their back to this Board ti,)r soine variances, fbis is to give the Zoning Board a preview prior to its deten-nination, sirnilar to sketch plan that the Planning Board does. 'rbe variances that they will be asking for are for the setback, the number ofroorns, parking in the font and the overall size. All these were granted in the previous iteration of this project prior to the enactinent, of` the:, fillet Valley Overlay District. Since the enactirient of` the Overlay District, tire project has been downgraded to 67 rooms and the parking iri the front is to provide a bUffer from the sleeping rooms and the extremely bLJSY state highway and associated noise, Meeting was ad.journed upon motion by Mr. Squires, seconded by MS, Jung-, unanimous. SUbrn by, Paulette 1 osa ZBA 2023-09-18 (Filed 9/26) I)g, 8