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HomeMy WebLinkAboutZBA Minutes 2024-04-23TOW NOVITRAC A Zoning Board of Appeals April 2,3,2,024 Minutes Present.* David Squires, Chair; Chris Jung, Stuart Friedman, Connor Terry, Kitn. Ritter and Matthew Ntirnn:ig Dana M'agnuson- , Cos.; Paulette Rosa, Town Clerk; and Susan Brock., Aftom.ey for the Town. Mr. Squires, opened the meeting at 6:00 p.m. ZBA.A.-23-31 Appeal, of EZC Ca as 1'...,LC, owners; 4 Schlickel.Road,'Tp 36,-2-1.41, LD.Rjo, seeking relief from. TowIthaca Code section 270-61 (Building are to, be peed to bul"Id. a detached garage that would. i.n.crease the bmildiing area to approxim.atety'14% where 10% is allowed. Mr. Squires read the p,ubfic hearing notice and noted that this appeal has been. before this Board several times. Mr. Martinek stated that Vi-. Moseley did sonie investigating and found that overhangs are not included in. the total buildable area., Given,. that, the first part of the urequest tonight is to grant a variance for the existing ,our because that alone is approXimately 12.5% where 10% �.s permitted. Secondly, the request is now for a 20 x 20 garage, which would bring the not coverage Percentage to, approxi , tnately 14%, an tnerease of less than,2% of the existing lot &WROM Public Hea�rtng Mr., Squires, opened the! ubl,ic h.earing; there wasno one wishing to s'peatk a, A ri the heang was P P closed. Dliscu.ssl.0�11 Mern.bers were sympathetic to the varianee regardtng the exisfing resWence as this was an oversight by the Town and 11ot self-created by the applicant. Mr. Terry was ill favor of granfi ng both, requests, noting that the applicant has sign.ificantly reduced the requested size of the garage and the housjrectly next or has a large accessory building and looks very sirnilar to this Parcel. He also felt that the urequested garage would be lIdden in. the back, and shielded by trees. A majorlty of the'Board rnern.bers were not in, favor of granting the variance for the detached garage. ZBA 2024-04-23, (Filed 4/25) I. 1 Mr. Martinck stated that he would be back. next month with a reduced size until bis clients are Permitted to have an. accessory building. ZBA Resolution 2024: ZBA.A-23-31, Area Vaiiance ,4 Schickel.Rd TP 36.-2-14 Resolved that this Board denies the a peal of EZC Carolinas LLC, owners; 4 Schickel. Road, P .1 seeking elief from Town of1thaca Code section 270-61 (Building area) to be.Nn.-.nifted to build a detached garage that would increase the building area to approximately 14% where 10% is allowed,, with the, followng Fm.dlings That the ben.efit to the applicant does not outweigh, any detriment to the health., salexty, and welfare of the communify, specifically L That the benefit that thlicant wishes, to achieve can be achieved by other rneans, fe, asible given that there is a garage that could be used for storage �rate r than. vehicle arki.ng-' and P 2. That the will. not be an undesirable change tn. the neighborhood. character or to nearby properties given that there are other ProPerties with, attached garages and unattached accessory buildings; and 3. That the request ubstantial given that the Proposed garage would increase the lot coverage toappx�matel,.yl4%wherels ermitted-and P 4. The request will. not have adverse physical or environmental effects as evidence by the fact that SQER not reqwred as a Type action, — minor accessory residential structure, and 5. That while the alleged difficulty is self-created in that the Property was purchased as is, without any aWltional storage Resol.ved that this Board grants the appeal. of EZC Carottnas LLC, owners; 4 Schickel Road, seekof from Town of Ithaca Code section. 270-64 (Building area),, to legalize the existing residence which exceeds the maxirnum lot coverage of 1, 0% at approximately 1-2.5%, with the follming" Condifiion L That the building area cannot be expanded beyond the existing approximate 1.2.5%, and Findings 0' That the benefit to the appficant does outweigh any detriment to the health, safety, and weliare of the community, sPecifically ZBA 2024-04-23, (Filed 4/25) I. 2 1. That the benefift that the app,ticant wishes, to achieve cannot be achieved by other' means feasible given that the house exists now, and 2. That there will. not be an undesirable change in the neighborhood character or to nearby properties given. that the house has existed as is for a number of years, and 3. That the guest is, substantial given that the lot coverage pproxi:marely 25% over the maximum permitted-, and 4. The request will. not have adverse physical or environ=ntal effects as evidence by the fact that SQER is, not required as a Type acti.on. — area variance for a single family residence, and 5. That while the alleged difficulty is not self created in that the house existed and was over the tnaxirn= coverage permitted at t�he ti= of sale. Moved: Kirn Ritter Seconded: Stuart Friedman Vote: ayes - Ritter, Friedman, Terry, Squires and Jung Z,BAA-24-4.Appeel of Llinda Copan Rev. Trust, owner of 210-21.2 Forest Home Dr., MDR, TP 66.-2-1.3, seeking reflef from Town of Ithaca Code Section 270-71 wh,h requires a We yard setback, of 15' feet where parcel A w�ould have an. approxiimatel.� 6.6" feet and si P Y Section 270-73 which, requires a, mtnMum width (gut the max: tnium, required front yard setback fline) of 100"' feet where Parcel A. would have approxi.mate1y 95' feet and Parcel, B 0 0 0 approximately, 50' feet and Section 270-73 which requitres a, minimum lot area of 15,000, square feet, where parcel B is proposed to be approximatety 9,21.8 square feet. It was 'iioted that therequest for a variance to allow on -street parking has been withdrawn. Mr. Dulfer, Agent, gave an overview, stating that the owner wishes to subdivide the prope�rty and live in the carriage house Parcel and sell the other. He noted that the parcels were con so, Ii dated back in, 1, 990 and the request is to essentially go back to how they were rio�r to that p consolidation. SEQR Dete�,rmiinatio,n ZBA Resolution,ZBAA-244 SEQ'R, — Area Variance 210-212, Forest Home Dr 1 lved that this Board makenegative determination of environtliental significance based Upoti, the inforniatioParts 1, &,2 and for the sons, stated �in Part 3 of the Environmental Asses&rnent Form., Moved: David Sq'uires Seconded: Connor Terry Vote: ayes — Spires, Terry, Jung, Ritteraiid Friedi-nan, Public'He a,ring ZBA 2024-04-23, (Filed 425) IPg. 3 Mr. Siquut-Cs opened the public hearing. Bruce Brittain spoke, saying that he supports the varialices as right now, with two, residences on the Parcel,, one would have to, be a rental and lie is all for owner occupancy. He the ask.ed about the memo firo�i-n Mr. Slater regarding parki.�ng, saying that he respectfully disagrees with, his co�nlmeh nts, saying that tere is plenty of 'i-oom, for a sidewalk and parking. Mr. Fi-iedmati asked him if his beiu n favor of the variance :is, based upon non-�i-entals and Mr. Rrittain respon.deld that he is not proposi�ilgl a restriction on rental of either property, he felt that having thein separated would enable both to be owner -occupied. Herb Engman spoke saying he is a neighbor and sees no, problem, with the vat-�iailce. He said the backyard �s sloped and not condLICive to, further building and the side Yard setbacks have been there for ever and are not a roblen. He adided that he is very happy that thiere is �no Ion, e�i- street p 9 , parUilg, bleing, Proposed as there have been problems with erosion when park�i ng in that area has, happened in the past. There are no shoulders on both, sides, of the road in that area and we have been asking for sidewal, i ks�n that area for years and he encouraged the Boai -d to require the "'Private parking" signs be rietnoved to make it clear there is, no parking in, that stretch. Mr. Squires closed the hearing. 4 DiSCUSSIOU, Mr. FiJedrnan asked what changed to, i-emove the parking request. Mr. Duffer responded that as the survey was b6ng draw�n, it was, deterniined that there is root'n for off street pat -king on the parcel. Mr. Terry asked if the carriage house is self-contained as far as utilities and Mr. Dulfer responded that there will be a new water li�ne installed and then all utifities, will be itidependent. ZIRA resolution ,Z]BAA-24-4 Area Vaiance 210-212, l est Home Ur Resolved that this Board grants the appeal, of Unda Coprnan, Rev. Trust, owner of 210-212 d- I-% Forest Home Dr., seeking retiet. trorn Town of Ithaca, Code Secfions 270-71. and 73, to be permitted to subdivide the Property resulling in. duoin, the setback and Iot area, with . the followm.g Conditions 1. That the sup bdi. isi.on tuts the two.parcels, and the setbacks and lot area be substantially as shown. on, the applicati.on. i-flaterials, and ZBA 2024-04-23, (Filed 425) IPg. 4 3= That the benefit to the applicant does outweigh. any detriment to the health, safety, and welffire of the community, specifically 1. That the benefift that the app,ticant wishes, to achieve cannot be achieved by any other means feasible gi.ven that subdivision cannot happen, without a, variance, and it should be noted that pretously, these two parcels were separate and subsequently combined in 1-99and the equest is to return to those separate parcels, and 2. That to will not be an undesirable change iu . the neighborhood character or to nearby properties given that the homes have existed for many years and the Forest Home neigh.borhood is a historic district with ree many.pro erties that have pxi.sting non.-cornpliant setbacks, and sizes, p and 3. That the request is substantial given that the mini'MUM Width is 100' feet where Parcel B will have a, 50' foot setback and the side yard setback of Parcel.A. would be 6.6' feet and Parcel B will be approsir nately 9,218, sqft where 1.5,,000 sqft is requixes, and 4. The request will not have adverse physical or environmental. effects as evidence by the fact that this Board has made a negative determination, and 5. That while the alleged diffi.culty is self-created in that the applicant wishes, to subdivide the property, which is mitigated by the, fact that the Parcels had existed separately for .any years prior to being consolidated in. 1. 990. Moved: David Squires Seconded: Connor Terry Vote.- ayes - Sqwres, Terry, Jung, Ritter and Friedillan ZBA.A.-24-5 Appeal of Chris Otiver one of 517 Elm Street Extension, MDR, TP 29,,-7-71 seeking relief from Town of Ithaca Code section 270�-71 (Yard regulations) E. (2) (Accessory u . ngs) to have two, accessory buildings remain in (east) side yard where they are on1y permi'tted in the rear yard., The agent explained that the property is surrounded by other residences and where t . hey are in the side yard is the best place because they are partially hidden. Putting there in, the rear yard would have the effect of putting the�rn iti, other peopleont ya�rds due to the layout of the development there. Public Hearing Mr. Squires opetied the public hearing. her was �o one wishing to speak, and the hearing was, closed., SEQR, — Not needed — Type,2 — minor accessory structure on, a single farnily lot ZBA 2024-04-23, (Filed 4/25) IPg. 5 #r� The Board was concerned about the barrels, and the agent responded that those could be rernoved. The Board felt tillat the he were screened by foliage and asked about who would see the sheds if they were moved to the reai- yard. The Board discussed setbacks if the variance were to be grantext, as no nuniber has beep requested since they are not Perrnitted in the side yard. Ms., Magnuson noted that setbackare gene' ally 1, 5' feet and the sheds, were discovered during an, operati�ng peri,-nit i�nspection. The Board wn,. favor of the request given the sh.ielding' and layout. Z,BA. Resoluflion.,ZBAA-24-5 Area Variiance 517 Elm St Ext MDR., TP 29.4-7 Resolved that this Board grants the appeal. of Chris Otiver, owner of 51.7 Elm, Street Extension., seeking relief from Town of Ithaca Code section 270-71 (Yard regulations) E. (2) (Accessory buildings) to have two accessory buildings remain in. (east) side yard where they a�re only permitted in, the rear yard, with. the following 3= That the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community, specffically 1. That the benefit that the app,ticant wishes, to achieve can. be achieved by other i'neans fea&ible g�lven that they can be moved to the rear Yard, however, the current location is, adequately screened by trees and shrubbery, and they would be more visible if moved to the rear yard, and 2. That there will not be au . undesirable change in, the nlghboffi.00d character or to nearby properties given that the sheds have been, there for at least 10 years, and 3. That the request Is, substantial given that accessory builAing's are not permitted in, the side yard, and 4. The request will. not have adverse physical or environmental effects as dence by the fact that SQER, is, not regain as, this is Type,2, placern. ent of a, minor accessory structure on a single f 01 arnily resWence, and ZBA 2024-04-23, (Filed 4/25) IPg. 6 IXi S., "'rhat wh,11e �the alleged diff"'iculty 'Is self-created, ,in that the sheds, were co.,ii,s,t�r'Licted/pl,.a�c,e,d un, violat,ton of'zoningr code neverdlefess the, bye to the, applican,"t, outwie,ighs, any deft",iment, 'to the heafth,' sal"&ty and, wofe ofthe corn,,tnun.ity ft")r the reasons sta,ted above. Moved: David Sqltrir,es Seconded,w otij,lor effy Vote-," a,yes --- Squires, Jung, Friedman, Terry, andRitter Meeting was adjouni,,ed, u o,,tiii,io,t,"Io,n,,'b�y'mr. Squiires, seconded, by 'Te,rry,- unan.i.mOUS11. p Subininl I au'lette Rosa, ""Fow,11, Clerk, ZBA 20,24-04-23 (Filed 4/25) Pg,. 7