HomeMy WebLinkAboutZBA Minutes 2024-04-09a jl*'o�uiiniial
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Town of Ithaca
Notice of Public, Hearing
Zoning Board of Appeals
Tuies,day April 9, 20214, @ 6:00 p.m.
215 N�.'Tioga St.
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Triarty Moseley
Director of Code Enforcierneni
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TOWN OFJTHACA
ZONING BOARD OF APPEALS-7
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P,resent:Board Members David Squi.res, Chair,- Chris Jung, Stuart Friedman., Mark ApkC,-r,
Connor Terry, and KiM Ritter
Marty Moseley, Director of Codes- Dana Magnuson Codes-, Paulette Rosa Town Clerk- and
Susan Brock,, Attorney for the Town,
Mr. Squires opened. the meeting at, 5:30, P..
ZBAA-23-26 Appeal of Matthew Torchia, owner, 161 Kendall Ave., High Density
-227 .(I)(a)
Residential, TP 54.4-26.1, seeki[tig relieffro m Town, of Ithaca Code section 270 B.
V
(Parking fatilities), to be permitted to use app�rox�i I mately 60%, of the required front ya�rd
setbac�k for off-street parking spaces where a maximum of 15% is permitted.
Ms,. Brock noted that the, Board agreed to rehear this appeal.
Mr. Torch,ia gave an, overy ew again, saying that the slope'to the rear yard at 1, 6 1, Kendall Ave in
not conducive to parking and,. pl,.owi.g/m.ai*n,.tenan,.ce,. Cars, have to be stacked, and,, it becomes a
hazard, and tmpos&ible to get snow clearing equ ipment back there.
Also, when the property was subdivided, 159 Kendall Ave lost 2 parking spaces and if permitted
to have the firont yard.parking, two would be for 1, 59 Kendal,],. Ave,
1 0
Mr. Torchia noted that there is no place for additional parKing at 159, Kendall due to the utility
poles
A lengthy iscussion followed.
N, *
By Code, a minimum. oftwo parking spaces mube provided for each unit,, making that, a total
of four parking spots for each parcel, there is no maxi.=rn or restrictions on the number, just by
location — not allowed in the front or side yard.
Members fielt that Parking in front of houses is common, it that area and the applicant wishes to
t a permit his tenanthere is no on's to park off- street 'because t - street pc ark ing permitted.
Mr. Squiropened the public hear ing�- there was no one wishing to speak, and the hearing was
closed.
ZBA 2024-04-09 (Files 4/22) P& 1
A few minutes later, Mr. Watros., a neighbor who had submitted a written comment, asked to
s.P ea,k rid Mr. Squires reopened the ublic hearin . p 9
Mr. Watros stated that he has li'ved, on Kendall Ave for over 10 years and, people park. on the
street all the time even thou 1 illegaland he calls the police all the time with very limi C gh it , * s t d
success. The on street parking, especially in the winter, hinders emergency response as well as
snow removal. He supports allowing parking in the front yard and even the side yard if that
works.
Mr. Squires closed. the Public hearing.
The Board asked out a variance expanding acmes two properties and the legality of that as
well as ways to mitigate the appearance by planttngs or outlin:ingtrue parking area with, landscape
timber.
.Ms,. Brock explained how a, condition could be placed on the variance to execute an. casement for
the parking spots, at the time of transfer of ownership of either parcel.
Mr. Friedman, did not see how grant ingthis variance would alleviate the illegal. parking as others
would, just, park in the spaces vacated, by the tenants such as their friends orPeoPle from
neighboring properties. He did not �el the slope or elevation was, &ignnt enough to support
the contention that it was unusable for parking.
The discussion then turned to the numher of spaces to consider -I the least variance possible,, with
the consensus ofthe members, determining that Sin the front, yard with conditions would, be the
least variance possible.
ZBA Resolution ZBAA-23-26 Area Variance
Kendall Ave,.,,C 26.1,
Resolved that th,is B,oaard, grants the appeal of Matthew Torchia, seeking refieffrom, Town, of
Ithaca Code section 270-2.27B,.(I)(a) (Parking facllftles) in art s 6fically, a variance to eniiit
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five (5) 9' X 1 8 "parking spaces in the front yard, exceeding the maximum 15% use of the
required front yard setback for off street parking, with the following
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1. Five (5) 9" x 18" foot parking spaces are permitted, and
2. Timber landscape border shall, surround the parking in the front yard, and
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I Grass, shall be maintained, along the road,. frontage except where the parking spaces exist,
and
4. That if ownership of 159 Kendall Ave or 161 Kendall Ave changes, an easement for one
parking space to'be usedby the residents of 1, 59 Kendall Ave at 1, 6 1, Kendall Ave be
ZBA 2024-04-09 (Files 4/22) Pg. 2
executed and filed with the County Clerk immediately after the transfer of deed, and
5. That ZBA Resolution ZBAA. -23,-,26 be filed with the County Clerk and referenced to
both properties within 30 days of this meeting to, ensure potential buyers of either
property can be made aware of the easement requirement during their due diligence
review, and with the following
Findings
That thebenefit, to the applicant outwelghs any detriment to the health,, safety, and. well being of
the community, specifically
1. That the benefit cannot be achieved by any other means feasible given the slope of the rear
yard, and there is no space at l 59 Coddington Rd due to a pump station, uhlity pole and
otber features, and
2. That there will not be any undesirable change in neighborhood character of detriment to
nearby properties, in that other properties in the neighborhood exceed the 15% limitation
on, firont yard parking area, and
3. That there will not be any adverse environmental effects as SE isriot required, and
4., That the request is substantialin that the maximum. is of.15% use of the front yard, setback
for off street parking where this Board is permitting apprommately 45%,, and
5. That the difs fitculty is self-created in that the subdivision resulted in, decreased rking
paces `or the properties involved.
Moved: David Squires Seconded-. Connor Terry
Vote: ayes — Squires, Terry, Ritter and Jung nays — Friedman
ZBAA-24-3 AP peal. of.Aden Moyer; owner, 703 Coddiington. Rd, Low Density Residential.
and Conservation Zones, r, F.P 480-1-1.2.3, seeking relief from. Town of Ithaca Code section
270-19 (Size and area of I(A) to b�e pernilitted to create a parcel of approximately +/- 33,800
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square feet where a minmum lot size of 7 acr�es is required.
Mr. Moyer gave a brief overview, saying that he wants to subdivide his property to make all of
the conservation easement be on one parcel as opposed, to both parcels which. would, enable him.
to sell. one parcel..
Mr. Moseley explained that the parcel, has two zones — Conservation, and Low f ensity
Residential — and the Code i,s si.l.ent on. which. zone takes precedence and so the more restrictive
of the two Bused.
Mr. Squires opened the public hcaring� there was no one wishing to speak, and the hearing was
closed.
ZBA 2024-04-09 (Files 4/22) Pg. 3
The ,Boardfeft this was a reasonable request and unique.
ZB,A Resolution,ZBAA 2024 — 3
SEAR - Area Variance
703 Coddington'U., TP 48.4-123
Canservatian./LDR
Resolved that this Board makes a ne ination f environmental significanceba,sed. gative dete�rm' o'
uPon the in.f6rmation in Parts, I & 2 and, for the reasons stated, in Part 3 of the SEQR. Form.
Moved:- David Squires Seconded:-- CIt onnor Terry
Vote: Ayes — S�res, Terry, F�rjedman, Ritter and Jung
ZB,A Resolution ZBAA 2024 — 3
Area, Variance
703 Coddington Rd., TP 48.4-12.3
Con servation/LDR
Resolved that this,Board grants the appeal of Aden. Moyer, owner, 703 Coddington Rd., Low
Density Residential and Conservation Zo�nes,'TP 48--1-12.31 seeking relief" from Town. of Ithaca
Code section 270-19 (Size and area of lot) to be permitted to create a parcel of approximately
331,8,00 square teet w I he�re a minimum lot &1ze of 7 acres is, requi,rea with the following,:
Findings-.
That, the benefit to t I he appticant outweighs any detri.nient to the health and safety, and welfare of
the community. ifically.
,,, speci
1. That the benefit cannot be achieved by any other means feasible given. that the applicant
wished to create two lots where nei,ther of the lots meet them,'uftimum requires ien,t of 7 auestn
the Conservation Zone and there is no other way to reduce the size of on.e ofthe lots given the
limited, road, frontage, and
2. That there will not be an undesirable change to the neighborhood character of to nearby
properties given, that the two curren,'t lots have a single residence on, them, and neither lot can be
,fu
d, 'k rther subdivided without, �rther action, from, t ie,Zoning Board wAppe ,als, and both, lots would
meet the minimum requirement's of the low dtnsity residential, and,
3. That the request is not substantial in that the lot that will retain the conservation easement will
now be approximately 6.8 acres where 7 is, required, and
ZBA 2024-04-09 (Files 4/22) Pg. 4
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4., That tticalleged dtfficutty 1,s setf-crealed lin tliatthe appl-tcatif vxvishe,s 'to subdivi"de the
I
property", Nvh,,,,ich s mlitligated, bY decre,,Lising the nonconfbi-n,,y of the re,.,su",It,,Ci.j,'i,"tparcel, cmtainiing
die conservatti.on zolrte,, and
5. "Nat there, will not,,, ble an,' y adver'se, environnil�;n,,tl,,Crt,"I, eff6cl'ls, as evi'denced 'by thes, Boarmi's,
negative idetenv,iti,atton. of envtrotimental signiflicance.,
-ry
Moved.- Dimrtd, Squiiivs Seconded. Connor T'ei
Vote:, Ayes — Squires, I"erry, Fri'eidtiian, kifter iati,d, Ju,,tig
ZBAA-24-,4,,Ap,peal of Linda Copim,a,n Rev. Trust, ow ner-I 1,04 Compton
3=1
Mr. Moseley reviesxed thie upcomin a pea"Is'.1
9 p
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Meeting a4iotirnied upon mo�uonby Mr. Squtres,., seconded by MIn Terry, �unan-ini,ous.,
ZBA 2024-04-109 (Filles 4/22), PIg. 5,