HomeMy WebLinkAboutZBA (4)TOWN OF ITHACA ZONING BOARD OF APPEALS
MINUTES
Monday December 16, 2013
215 Norih Tioga Street, Ithaca
7:00 P.M.
Present: Kirk Sigel, Chair; Bifl King, Rob Rosen
Absent: John DeRosa
Alternates: Chris Jung, Christine Decker .
Staff: Bruce Bates, Director of Code Enforcement and Zoning, Susan Brock,
Attorney for the Town and Lori Kofoid, Deputy Town Clerk
Meeting was called to order 7:05pm
Appea! of JAMNA Hospitality Inc., Owner, Joseph Turnowchyk, HEX 9 Architects
LLC, agent requesting an area variance per Chapter 270-117(3) "Yard .Regulations",
of the Town of Ithaca Code, to make renovations that wouid impede on the side yard
setback by having a seiback of 16 ft when a, setback of 30 ft is required, focated at
654 Elmira Rd, Tax Parcel No. 33.-3-6, Neighborhood Commercial Zone (NC).
Joseph Tumowchyk, Hex9 Architecis, LLC�was present. Mr. Sigel surnmarized the _
request, which is to add on to the back of a number of units at the Rod'eway Inn. On
the east side, there is encroachment into the setback. The units are currently 16 ft.
deep, but the current market is for rooms that are 25 feet deep.
Board member King asked.about the steep drop in the back that goes up to the
addition and whether ihere is a concern about runoff. Ms. Brock explained that #hey
would need a Sedimentafion and Erosion Control, Plan which Engineering has -
already determined is needed. Mr. Turnowchyk stated that the owner has engaged
an engineer already to work on this,plan. Mr. Sigel confrmed that the Planning Board
has also reviewed and approved this project.
Environmental Assessment Form and SEQR Determination of Significance were
reviewed. Ms. Brock summarized the corrections that had been changed by Lori and
mailed to the Board members prior io the meeting. Part 1#2 asked for the name of
other agencies and the permit or approval needed, "Site Plan approval and Special
Permit" were added. For #4, the suburban (residential) box was changed to Nurban."
.__The same ehange was made to #14 on page 2�F'or #17, neither box was checked so __�.��___..___
it was changed to No being checked. Part 3 the explanation was expanded. Prior it
only had the second paragraph about the archeological site so the first paragraph
was added.
.:ZBA Resolution No. 2093- 038, SEQR Area Variance,
fi54 Elmira Rd, TP# 33.-3-fi,
December 16, 2013
M(�TION made by Kirk Sigel, seconded by Bill King
RESOLVED that this Board makes a negative determination of environmental
significance based on the information in Parts I and II of the Short Environmental
Assessment Form (SEAF) and for the reasons stated in Part III of the SEAF.
A vote on the motion resulted as follows:
AYES: Sigef, King, Rosen, Decker and Jung
NAYS: None
Motion was carried unanimously.
Public hearing opened at 7:12pm and closed at 7:12pm without comment.
ZBA Resolution No. 2013-039. Area Variance,
654 Elmira Rd, TP# 33: 3-6,
December 16, 2013
MOTIQN made by Kirk Sigel, Seconded by Chris Jung
RESOLVED That this board grants the appeal of JAMNA Hospitality Inc, owners,
requesting a variance from Chapter 270-917(3) "Yard Regulations", of the Town of
Ithaca Code, to make renovations that would impede on the side yard setback by
having a setback of 16 ft where a setback of 30 ft is required, located at 654 Elmira
Rd, Tax Parce) No. 33.-3-6, Neighborhood Commercial Zone (NC).
Conditions
1. that the setbacks be as shown on the plans submitted by the applicant to this board
and that in no case the setback be any less than 16 feet
With the following:
Findings
1. that the benefit to the applicant does outweigh any detriment to the health, safety
and welfare of the community specifically that the benefit that the applicant
wishes to achieve, which is that of making this addition to the back of the units,
cannot be achieved by any other means feasible and,
2
2. that there will not be an undesirable change in neighborhood character or to
nearby properties given that it's a refatively minor addition along the rear of the
existing structure and is not very visible from the road and that the nearest
neighbor an the side that this encroaches on the setback is quite some distance
away and, .
3. that the request is substantial being approximately %z of the required setback
and, � � �
4. that the request will not have adverse physical or environmental effects for:the
reasons stated in the Environmental Assessment form and,
5. the alleged difficulty is self-created by the applicant's desire to undergo this
project but nevertheless�the benefit to the applicant does oufinreigh any detriment
to the health, safety and welfare of the community.
A vote on the matter results�as.follows:
Ayes — Sigel, King, Rosen, Decker and Jung
Nayes — none
Motion was carried unanimously _ �
MOTION by Kirk Sigel to move to closed session to seek advice of Counsel.
Seconded by Christine Decker. Motion passed by unanimous vote.
MOTION by Kirk Sigel to resume open session, seconded by Rob Rosen 7:35pm.
Motion passed by unanimous vote. � , . �
Minutes �
Discussion regarding the November 25, 20'f 3 meeting minutes. Mr: Bates explained
that pasi boards have alloirvetl Mr. Sigel to .just review and approve the minutes
without taking it to a vote. =However; with tHe November minutes tfiere was much
discussion and review of the minutes so it was decided to have the boa�d review the
minutes and vote on their acceptance.
Mr. Rosen stated that he tielieved that his statement about "altemate uses for the
property" was out of context. However, he reviewed the statemerit in #he minutes and
decided that it�.was not in fact out of context.
MOTION by Mr. Sigel to adopt the draft before ihe board as the official minutes of the
November 25, 2013 meeting. Bill King seconded. Motion passed by unanimous vote
with Christine Jung abstaining. .
Continued discussion regarding the APPEAL of Yunis Prope�ties, LLC requesting
an area variance from Chapter 270-135 (E), "Density Limitations"; of the Town of
Ithaca Code, to place a drive-through restaurant closer than the allowed 1500 feet
from the property line of an existing restaurant with a drive through facility, located at
302 Pine Tree Rd, Tax Parcei No. 62: 1-2.1, Community Commercial (CC) zone.
Conrad Wofan, attomey for Yunis Properties was present and spoke for his client,
Yunis Properties. Mr. Wolan presented the applicant's position that their request does
in fact meet the criteria for an area variance and that the benefit to the applicant does
outweigh the detriment to the health, safety and weliare of the community. Mr. Wolan
stated that his focus has been to stick to the requirements of the statue and the
balancing and the comparison of the benefit to the applicant and the potential
detriment to the health, safety and welfare of the community. He believes the five
factor checklist is a secondary consideration and is part of a larger balancing test that
needs to be done and his focus is on the balancing test. In the end, it is clearly their
position that none of the five factors ultimately would cut against the awarding of a
variance and no undesirable change will occur, and that this is really the only
altemative for #his particular endeavor. Although the variance is substantial
numerically, it is not going to have a substantial impact on the community, no
adverse effect on the physical or environmental conditions and of course, the
difficulty was not self-created.
Mr. Sigel asked when the client acquired the property. Mary Jo Yunis, President of
Yunis Realty responded to the question. The property was bui{t by her fatherlfamily in
the early 1970's. For a number of years there was a ground lease with the bowling
alley next door, and they purchased the ground lease within the last five or ten years
but have had control of the property since the early 1970's.
Mr. Wolan continued his presentation. There isn't a question about a restaurant with
a drive through being proposed and with certain conditions because that is a
permitted use within ttiis zone. It is not fundamentally inconsistent with the
neighborhood. It is the area requirements that are in place that are in question. He
presented a Planning Department memo to the Codes and Ordinances Committee in
March 2000 that Ms: Brock said had been previously given to Zoning Board
members. This document was a part of the discussion that went into the 2003
revisions to the Code. Mr. Wolan entered the document into the record and provided
copies to board members. (Appendix B).
Mr. Wolan directed the Board's attention to the pages with highlights. If the use is not
in itself a problem, what is problematic with its proximity? On page #2, the amount of
traffic generated by fast food restaurants with drive throughs is similar to fast food
restaurants without drive throughs. It states that "Drive through businesses tend to
have special circulation and access concerns relating to stacking lanes and
driveways on busy streets". On page #5 there is a chart that has highlighted material.
There is a repeat in the first column about drive through businesses and similar traffic
generation from drive through and non-drive through restaurants. In the middle
column, the basic recommendations are that a restaurant drive through should have
good access to major roads, not allow separate drive through businesses to be
located too close to each other, and although it is prohibited in the Neighborhood
:�
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