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HomeMy WebLinkAboutZBA Minutes 2023-12-18Town of Ithaca Zoning Board of Appeals Monday, December 18, at 6:00pm 215 N. Tioga St. ZOOM Link YouTubeLiveMeeting Link AGENDA ZBAU-23-3 Appeal of Chinese Culture House, owner; Teresa Zhang, Agent; 572 Warren Rd.; is seeking relief from conditions established on a previously approved use variance, which allowed for a group home as a principal use. A previously approved use variance, allowing a group home as a principle use, was awarded with conditions that (1) that all of the findings and conditions and allowances of the variance from January 30, 1979 be rescinded and (2) that the proposed use as a Chinese Cultural House/Group Home will be allowed as described in the information provided by the applicant to this board, specifically that the proposal will allow the use for up to 13 residents plus additional visitors that may be attending classes or other programs provided by the Chinese Culture House, where the proposal would remove such conditions from the previously awarded use variance. The property is in the Multiple Residential Zone, Tax Parcel 72.-1-2.12. ZBAA-23-29 Appeal of Dean Housing LLC , owner; Tim Dean, Agent; of 926 East Shore Dr.; is seeking relief from Town of Ithaca Code section 270-2197 E.(1)(b). Town of Ithaca Code 270-2197 E.(1)(b) only allows an owner to be eligible for a short-term rental operating permit if they are a natural person or a trust, where Dean Housing LLC. is the owner of the property and is not a natural person or a trust that complies with Town of Ithaca Code section 270-2197 E.(1)(b)[1] or [2]. The property is in the Lakefront Residential, Tax Parcel No. 18.-2-4. ZBAA-23-28 Appeal of David Costanza , owner of 131 Hillcrest Dr.; seeking relief from Town of Ithaca Code sections 270-71C (Yard regulations) and 270-205(Nonconforming structures) Town of Ithaca Code section 270-71C. requires a side yard setback of 15 feet, where the project is proposing to have a side yard setback of approximately 3'. Town of Ithaca Code section 270-205A. does not allow for a nonconforming structure to be enlarged or altered which increases its non -conformity, where the project is proposing to increase the non -conformity of the side yard setback from approximately 9' 1 & '/a" to approximately 3'. The property is in the Medium Density Residential Zone, Tax Parcel No. 26.4-18. ZBAA-23-27 Appeal of Alain Giroux, owner of 1028 East Shore Dr., Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code sections 270-46E (Yard regulations), 270-47(Building area), and 270-223 (Fences and walls; retaining walls). Town of Ithaca Code section 270-46E requires a side yard setback of 3 feet from the side yard property boundary line, where one accessory building is located approximately 6 inches from the side yard property boundary line and one accessory building is located approximately 12 inches from the side yard property boundary line. Town of Ithaca Code section 270-47 allows for a maximum building area of 10%, where the additional accessory buildings increase the building area to approximately 24.2%, where the previously approved building area was approximately 20.66%. Town of Ithaca Code section 270-233 allows for a fence to have a maximum height of 6 feet, where the proposed fence is 8 feet in height. The property is in the Lakefront Residential Zone, Tax Parcel No. 19.-2-16. Other Make recommendation of ZBA chair to the Town Board. Discuss 2024 Meeting Schedule. Town of Ithaca ZONING BOARD OF APPEALS December 18, 2023 Minutes Present: Board Members David Squires, Chair; Chris Jung, Connor Terry, Stuart Friedman, and Kim Ritter Absent: Mark Apker Staff: Marty Moseley, Dir. of Code Enforcement; Paulette Rosa, Town Clerk; and Guy Krogh, Attorney for the Town Mr. Squires opened the meeting at 6:00 p.m. ZBAU-23-3 Appeal of Chinese Culture House, owner; Teresa Zhang, Agent; 572 Warren Rd., MR, TP 72.-1-2.12; seeking relief from conditions of current Use Variance allowing a group home as a principal use awarded with the conditions that (1) all of the findings, conditions and allowances of the variance dated January 30, 1979 be rescinded and (2) that the proposed use as a Chinese Cultural House/Group Home will be allowed as described in the information provided by the applicant to this board, specifically that the proposal will allow the use for up to 13 residents plus additional visitors that may be attending classes or other programs provided by the Chinese Culture House, where the proposal is to remove the conditions from the previously awarded use variance. Mr. Squires noted that this was heard in October and held over for additional information. The applicant was not present, and the Board moved to the next appeal while Mr. Moseley attempted to reach them to help with any technical difficulties. (Applicant 6:30p.m) Mr. Squires stated that as he understands it, the request is now to modify the existing variance by changing "Chinese Cultural House/Group Home to "International Cultural House/Group Home." Ms. Zhang summarized, saying that they have submitted materials to support the claim that it was difficult to sell as is with the current conditions and modified the application to change the use to all international students, rather than limiting it to Chinese students or nationalists. Mr. Squires said it seems to be a change to the name and the essence would be to authorize a specialized dormitory and that is our dilemma. They make a good case that to reconfigure the property to other residential uses is not practical and if we do modify the variance, the risk is on the purchaser to modify the use and adhere to the conditions. Public Hearing Mr. Squires opened the public hearing; there was no one wishing to speak, and the hearing was closed. ZBA 2023-12-18 (Submitted 1/29/24) Pg. 1 Determination Mr. Squires asked Mr. Krogh if it would be appropriate to reaffirm the findings from the existing variance and the conditions? Mr. Krogh stated that you have a new application with financial information and the unique aspects, so the findings are different; the best way for the future, is to restate the conditions and the findings. ZBA Resolution ZBAU-23-3 Use Variance - Chinese Culture House 572 Warren Rd., MR, TP 72.-1-2.12 Resolved that this Board grants the appeal Theresa Zhang, seeking relief from conditions of the current Use Variance allowing a group home as a principal use awarded with the conditions that (1) all of the findings, conditions and allowances of the variance dated January 30, 1979 be rescinded and (2) that the proposed use as a Chinese Cultural House/Group Home will be allowed as described in the information provided by the applicant to this board, specifically that the proposal will allow the use for up to 13 residents plus additional visitors that may be attending classes or other programs provided by the Chinese Culture House, where the proposal is to amend the existing use variance to all international students and visitors, removing the limitations to solely Chinese culture, with the following Conditions 1. That the proposed use as an International Cultural House/Group Home will be allowed as described in the information provided to this Board by the applicant; specifically, the proposal is for up to 13 residents plus additional visitors that may b e attending classes or other programs provided by the International Culture House, and with the following Findings 1. That the applicant has demonstrated an unnecessary hardship in that they cannot realize a reasonable return as evidenced by the property being for sale for almost two years, with limited offers on the property under the current use and no offers as a single- or two-family home, and 2. That the hardship is unique and does not apply to a substantial portion of the district or neighborhood as this is a relatively small lot for a municipal multiple residence zone, containing only one single family home which is unusual for a multiple residence zone, and 3. That the use will not alter the essential character of the neighborhood given that the neighborhood is comprised of a multi -unit apartment complex, a middle school, a vocational school, a daycare facility and the proposed modified use is similar to the use established in 2012, and 4. That the alleged difficulty is not self-created in that the changing circumstances and travel restrictions affecting Chinese student enrollment is beyond their control, and ZBA 2023-12-18 (Submitted 1/29/24) Pg. 2 5. That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community for the reasons stated above. Moved: David Squires Seconded: Connor Terry Ayes — Squires, Terry, Friedman, Jung and Ritter > ; Tim Dean, ; of 926 East Shor-e ZBAA-23-28 Appeal of David Costanza, owner, 131 Hillcrest Dr., MDR, TP 26.4-18; to be permitted to build an attached deck on an existing, nonconforming building that currently encroaches into the 15' ft required side yard setback by 7' ft, and the request is to increase the encroachment by an additional 5' ft by adding a wrap -around deck for a 3' ft side yard setback. Town of Ithaca Code sections 270-71C (Yard regulations) and 270-205A (Nonconforming structures). Mr. Costanza was present and shared his screen showing the tax map to show the details of the lot and the adjoining properties, most of which are owned by Cornell and Candlewyck Apartments. The house was built in the 1950's which is where the non -conformity come ins and the request is to add a deck to connect the front deck to the back deck to wrap around the house and allow you to exit the deck to the yard given the slope of the property. He showed the condition of the house, which had been abandoned for years prior to him purchasing it, and the slope of the lot and the house built into the slope. There are no neighbors on the north side of the property and no reason to believe there will ever be given that Cornell owns the adjacent property. Mr. Squires said he is familiar with the house, and it is great that it is being refurbished, but asked if this was a design choice because it could be built on the other side of the house. Mr. Costanza responded that it is more for the egress to be able to enter from the bedroom and there would be a jut out if it was placed on the other side. He showed the other sides of the house and the drawbacks to putting the deck elsewhere, including the one side that is deteriorating and would require some excavating and the intention is to do that eventually and make it a carport. Mr. Terry asked if it was essentially a passage rather than a planned use for chairs and such and Mr. Costanza responded that that was correct. ZBA 2023-12-18 (Submitted 1/29/24) Pg. 3 More angles were shown of the house, existing deck and the proposal and the surrounding parcel and where the road frontage for that adjoining large parcel is as well as the slope and elevations of the property. Public Hearing Mr. Squires opened the public hearing, there was no one wishing to speak and the hearing was closed. Determination Mr. Squires asked if there were any concerns with the request which is substantial on its face, but he said he is familiar with the site and he thought the house across the street might be able to see the deck. Mr. Consuela said they could see the front deck, but not the side deck proposed. If I did build it on the south side, there are neighbors that would see it. Resolution ZBAA-23-28 Area Variance 131 Hillcrest Dr., MDR, TP 26.4-18; Resolved that this Board grants the appeal of David Costanza, owner, 131 Hillcrest Dr., to be permitted to build an attached deck on an existing, nonconforming building that currently encroaches into the 15' ft required side yard setback by 7' ft, and the request is to increase the encroachment by an additional 5' ft by adding a wrap -around deck for a 3' ft side yard setback. Town of Ithaca Code sections 270-71C (Yard regulations) and 270-205A (Nonconforming structures), with the following: Conditions — None Findings 1. That the benefit could be achieved by other means feasible by locating the deck in the rear yard, however, the unique location of the property at the end of a dead-end street makes the addition not offensive to neighboring properties, and 2. There will not be any undesirable change in neighborhood character or to nearby properties, as this appeal is part of a complete rehabilitation of the home and the result will be an improvements to the neighborhood, and 3. That the request is substantial, in that 15' is required and the existing encroachment was 7' feet and this grants an additional 3' feet for a resulting setback of approximately 5' feet, which is mitigated by the adjoining property being owned by NYS Parks and the chances of a residence being built there are very slim, and ZBA 2023-12-18 (Submitted 1/29/24) Pg. 4 4. That there will not be any adverse physical or environmental effects as evidenced by no SEQR being required under Type 2 criteria, and 5. That the alleged difficulty is self-created as the wish is to have a wraparound deck which increases the non -conformity. Moved: David Squires Seconded: Connor Terry Vote: Ayes — Squires, Terry, Jung, Friedman and Minnig ZBAA-23-27 Appeal of Alain Giroux, owner of 1028 East Shore Dr., LE, TP 19.-2-16; seeking relief from Town of Ithaca Code sections 270-46E (Yard regulations), 270-47(Building area), and 270-223 (Fences and walls; retaining walls) to be permitted to build a 10 x 10 accessory building which encroach on the required 3' ft side yard setback at 6" and 12" respectively and increases the maximum building area where 10% is permitted, and approximately 20.66% exists with a previous variance and the proposal would result in 24.2% building area and to be permitted to keep an existing 8' foot fence where 6' feet is permitted. Overview Mr. Giroux was present and gave an overview, saying he purchased the property in 2022 with an existing shed and then requested another one. The newer shed matches the existing house, shields the pump station and meter box from the road and the neighbor's view of it. The area is enclosed by a fence that keeps the snow from blocking off the pump station and he assumed was legally installed but it was not. Mr. Giroux showed various pictures and angles of the sheds and the fence, adding that he assumes the fence was so tall as the slope of the parcel is 12' feet lower than the roadway of East Shore Drive and hence the height is needed to block the view and abate some road noise. He said his neighbor to the north is in favor as the sheds provide her some privacy and acts as a fence for her yard and she likes the color and the style of the shed I wanted to place, and she had been contemplating a privacy fence for herself and this was accomplishing that. He added that he offered to paint her side of shed the same color as her house. Mr. Giroux said he took extra care and effort to ensure the new shed was aesthetically pleasing and would hide the pump station from the neighbors house and both sheds are not visible from the road. Public hearing — Mr. Squires opened the public hearing; there was no one wishing to speak, and the hearing was closed. Determination Resolution ZBAA-23-27 Area Variance 1028 East Shore Dr., LF, TP 19.2-16 ZBA 2023-12-18 (Submitted 1/29/24) Pg. 5 Resolved that this Board grants the appeal of Alain Giroux, owner, 1028 East Shore Dr., LF, TP 19.2-16 seeking relief from Town of Ithaca Code sections 270-46E (Yard regulations), 270-47 (Building area) and 270-223 (Fences and walls; retaining walls) as stated in the public notice, with the following: Conditions 1. The shed shall be constructed and installed on a non -permanent foundation that can be moved in the event of an emergency, and 2. That the shed shall not be modified any way that would increase the encroachment into the setbacks, and 3. That if the shed is moved, it shall be placed in accordance with the current Town Code at that time, and 4. That the applicant shall execute an encroachment license with the Town of Ithaca, permitting the shed to remain over the Town sewer line easement, 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. The benefit cannot be achieved given the lakeshore lots are historically narrow and lacking storage, and 2. There will not be any undesirable change in neighborhood character or detriment to nearby properties as this sheds exist on the neighboring properties and these sheds are screened by the fence and landscaping and shielded from view of the public roadway, and 3. That the request is substantial in that the permissible lot coverage is 10% and this will result in approximately 20%, however, the adjacent properties and along East Shore Dr., have many instances of similar lot coverage, and 4. That there will not be any adverse physical or environmental effects as evidenced by no SEQR being required, and 5. That the hardship is not self-created as one of the sheds and the fence were existing prior to the applicant taking ownership. Moved: David Squires Seconded: Connor Terry Votes: ayes — Squires, Terry, Jung, Friedman ZBA 2023-12-18 (Submitted 1/29/24) Pg. 6 Agenda Item 4 Recommendation of ZBA Chair Mr. Squires indicated he would be willing to serve again as Chair and Mr. Terry indicated he would be willing to serve as Vice -Chair. Ms. Jung moved the nominations, seconded by Mr. Friedman, unanimous. Agenda Item 5 2024 Schedule The Board discussed and agreed to moving meetings to the 4th Tuesday of the month to alleviate the number of meetings staff attends from being scheduled so closely together, with the 2"d Tuesday of the month being an option for another meeting when needed due to holidays or a heavy appeals load. Meeting adjourned upon motion by Mr. Squires, seconded by Mr. Terry, unanimous. Submitted by Paulette Rosa, Town Clerk ZBA 2023-12-18 (Submitted 1/29/24) Pg. 7 Agenda Item 4 Recommendation of ZBA Chair Mr. Squires indicated he would be willing to serve again as Chair and Mr. Terry indicated he would be willing to serve as Vice -Chair. Ms. Jung moved the nominations, seconded by Mr. Friedman, unanimous. Agenda Item 5 2024 Schedule The Board discussed and agreed to moving meetings to the 4th Tuesday of the month to alleviate the number of meetings staff attends from being scheduled so closely together, with the 2"d Tuesday of the month being an option for another meetifg when needed due to holidays or a heavy appeals load. l Meeting adjourned upon motion by Mr. Squires, seconded by Mr. Terry, unanimous. Submi e by 1 Paulette Rosa, Town Clerk ZBA 2023-12-18 (Submitted 1/29/24) Pg. 7