HomeMy WebLinkAboutZBA Minutes 2024-03-26
ZBA 2024-03-26 (Filed 3/28) Pg. 1
Town of Ithaca
ZONING BOARD OF APPEALS
March 26, 2024
MINUTES
AUDIO MALFUNCTIONED - NO RECORDING
MINUTES & RESOLUTIONS COMPILED FROM NOTES AND RECOLLECTION.
Present: David Squires, Chair; Chris Jung, Stuart Friedman, Connor Terry, and Kim Ritter
Absent: Matthew Minnig
Marty Moseley, Director of Codes; Paulette Rosa, Town Clerk; and Susan Brock, Attorney for
the Town
Mr. Squires opened the meeting at 6:00 p.m.
Item 1 ZBAA-24-2 Appeal of Carolyn Klass; owner of 104 Compton Road, LDR, TP 36.-
2-7, seeking relief from Town of Ithaca Code sections 270-56 C (Permitted accessory buildings
and uses) and 270-60E (Yard regulations) to be permitted to keep eight accessory buildings;
three are located in the rear yard, three are located in the side yard and one is located in the front
yard, where a maximum of three are allowed and all accessory buildings must be located in the
rear yard.
Mr. Moseley noted for the record that the cargo container located in the front yard/driveway is
no longer part of the appeal as the applicant has agreed to remove that in the next month,
therefore, the remaining request is to keep the existing 7 accessory buildings located in the rear
and side yards.
The applicant stated that she had placed all the accessory buildings on the property.
It was determined that all structures were placed after the enactment of zoning what the
restrictions as detailed above.
The board discussed the appeal and felt that the request was too large and determined that the
minimum variance they would consider would be one additional accessory building above the
maximum allowed and requiring that all accessory buildings be placed in the rear yard.
ZBA Resolution ZBAA-24-2 Area Variance
104 Compton Rd
TP 36.-2-7
Resolved that this Board grants the appeal in part of Carolyn Klass; owner of 104 Compton
Road, LDR, TP 36.-2-7, seeking relief from Town of Ithaca Code sections 270-56 C (Permitted
accessory buildings and uses) and 270-60E (Yard regulations) to be permitted to have four
accessory buildings in the rear yard where a maximum of three are allowed and denies the
ZBA 2024-03-26 (Filed 3/28) Pg. 2
request to retain any accessory buildings in the front or rear yards, with the following:
Permitted to have 4 in the rear yard, where three accessory buildings are allowed on the parcel.
Conditions
1. That four of the existing accessory buildings are being permitted to be retained, chosen by
the applicant from the seven accessory buildings currently onsite and as submitted in the
application materials (excluding the cargo container) and may not be expanded in size and
must be located in the rear yard only, and
2. That all accessory buildings in the side yard must be removed and no more than the four
chosen accessory buildings are located in the rear yard no later than August 1, 2024, and
with the following
Findings
That the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of
the community, specifically:
1. That the benefit that the applicant wishes to achieve cannot be achieved by other means
feasible given that the request is to retain all existing accessory structures, and
2. That there will not be an undesirable change in the neighborhood character or to nearby
properties given that the variance being granted is for one additional accessory building
in the rear yard and the property is largely shielded from view by existing vegetation, and
3. That the request is substantial given that there are seven accessory buildings in place
where three are permitted, but the variance being granted is not substantial in that one
additional accessory building is being granted and the total square footage of all the
accessory buildings would be well under the 600’ sqft. maximum allowed per the
Town Zoning Code.
4. That the request will not have adverse physical or environmental effects as evidence by
the fact that SQER is not required as these involve minor accessory residential structures,
and
5. That the alleged difficulty is self-created in that the applicant constructed/placed seven
accessory structures in violation of Town Code.
Therefore, the benefit to the applicant does outweigh any detriment to the health, safety, and
welfare of the community.
Moved: David Squires Seconded: Chris Jung
Vote: ayes - Squires, Jung, Freidman, Ritter & Terry
ZBA 2024-03-26 (Filed 3/28) Pg. 3
Item 2 ZBAA-23-31 Appeal of EZC Carolinas LLC, Mark Martinek, Agent; 4 Schickel Rd,
LDR, TP 36.-2-14, seeking relief from Town of Ithaca Code section 270-61 (Building area) to
build a 24' x 26' foot garage building in the rear yard which would increase the total building
area (lot coverage) to approximately 18% where a maximum of 10% is permitted.
Overview
Mr. Martinek was present and reported that the litigation is over, and the shed will be removed
no later than April 1, 2024.
Mr. Squires noted that this is the 3rd appearance for this request; from an accessory building to a
garage to a modified size of the garage.
The board discussed the project. It was noted that this lot is smaller than required by the Town
Code in this zone, and therefore a pre-existing nonconforming property in that respect.
It was noted that prior to this variance request, a variance was granted to build an
addition/sunroom which encroaches into the required setback and the Town did not catch that
this granted variance also increased the lot coverage over the maximum allowed coverage of
10% by approximately 5% for a total existing lot coverage of approximately 15%. That
nonconformity will require a variance from this board at a future meeting as the legal notice did
not include that information.
The requested variance publicized and in front of the board this evening is to increase that
building area/lot coverage by approximately 3% for a total of approximately 18% lot coverage.
Mr. Moseley stated that building area/lot coverage is calculated from roofline/overhang of a
structure, not simply the footprint of a building.
The board felt that the requested size was too large to grant.
The Agent requested an adjournment of the appeal to discuss alternatives with the owners.
Mr. Squires moved to adjourn the appeal to the next available meeting, seconded by Mr. Terry,
unanimous.
Pulled - ZBAA-23-26 Appeal of Matthew Torchia, owner of 161 Kendall Ave., HDR, TP 54.-4-
26., seeking relief from Town of Ithaca Code section 270-227B.(1)(a) (Parking facilities) to be
permitted to occupy approximately 46% of the required front yard setback for off-street parking
spaces where a maximum of 15% is allowed.
Other Business
The board reviewed dates of the next few meetings and items.
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Meeting was adjourned upon motion by Mr. Squires, seconded by Mr. Terry, Unanimous.
Submitted by
Paulette Rosa, Town Clerk