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HomeMy WebLinkAboutZBA Minutes 2024-08-27 Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday, August 27, 2024 @ 6:00 p.m. 215 N. Tioga St. ZBAA-24-11 Appeal of Matthew Bollinger and Ann Weber, owners of 232 Troy Rd, Ithaca, NY, 14850; are seeking relief from Town of Ithaca Code sections 270-56C (Permitted accessory buildings and uses) and 270-219.2A (limitations on home occupations) Town of Ithaca Code section 270-56C allows for a maximum aggregate footprint of all accessory buildings to exceed 600 sq.ft. where the lot is less than 3 acres, where the applicant is proposing to exceed the total aggregate footprint area for all accessory buildings on site by approximately 555 sq.ft. due to the lot only being 1.9 acres. Town Ithaca Code section 270-219.2A allows for a maximum area of 25% of the floor space of the dwelling or 500 sq.ft. to be used as a home occupation (whichever is less), where the applicant is proposing to use approximately 1 000 sq.ft for a home occupation. The current property is located in the Low-Density Residential Zone, Tax Parcel No. 45.-2-11. The meeting will be held in-person with the option for the public to also attend by video conferencing through the Zoom App. The meeting can be accessed, and you can provide comments during the public hearing by going to www.zoom.us - Join Meeting - Meeting ID 852-5587-1576. You can also call into the Zoom meeting by telephone at +1 (929 436 2866) to listen to the meeting and provide comments during the public hearing. You can also provide comments via email before and during the meeting to Town Clerk Paulette Rosa at townclerl<�townithacany.gov. For more information on how to access the meeting and project application meeting materials, or how to submit a comment before or during the meeting, please visit the Town of Ithaca s website and click on Meeting Agendas. If there are any questions pertaining to this public hearing, contact Marty Moseley at mmoseleyatownitha.cany. Gov or 607-273-1783. Marty Moseley Director of Code Enforcement Town of Ithaca Zoning Board of Appeals August 27, 2024 Minutes Present: Board Members David Squires, Chair; Chris Jung, Connor Terry, Kim Ritter (via ZOOM), and Matthew Minnig Mairty Moseley, Director of Code Enforcer cnt; Ashley Colbert, Deputy Town Clerk; and Susan Brock,, Attorney for the Town Mr. Squires opened the meeting at 6:00 p.m. • ZBAA-24-11 Appeal of Matthew Bollinger and Ann Weber, owners of 232 Troy Rd, LDR, TP 45.-2-11, seeking relief from Town of Ithaca Code sections 270-56C (Permitted accessory buildings and uses.) which allows for a maximum aggregate footprint of all accessory buildings not to exceed 600 sq.ft. where the lot is less than 3 acres, where the proposal is to exceed that by approximately 555 sq.ft. on a lot of 1.9 acres; and 270-219.2A (limitations on home occupations) which allows for a maximum area of 25% of the floor space of the dwelling or 500 sq.ft. (whichever is less), to be used as a home occupation, where the proposal is to use approximately 1,000 sq.ft for a home occupation. Mr. Squires complimented Mr. Bollinger on his application re-submission, saying it was one of the most thorough he has seen in his tenure. Mr. Bollinger thanked him, saying he learned a lot at the previous meeting, and he took pains to address all of the concerns raised. He said he added more drawings of the proposed building and there were concerns about future uses for industrial work and he hoped the additional drawings would show that that would be difficult. Public Hearing Mr. Squires opened the public hearing. There was no one present and the hearing was closed. Determination Mr. Squires noted the issue at the last meeting was regarding the home occupation and it not being listed in the legal ad as it was an unknown use until the meeting. He asked if any members had concerns with the area variance or the home occupation. There were none. ZBA 2024-087-27 (Filed 9/17) Pg. 1 SEAR Determination It was noted that SEQR is required for the home occupation use. ZBAA-24-11 SEAR 232 Troy Rd, LDR, TP 45.-2-11 Resolved that this Board makes a negative determination of environmental significance based upon the information in Parts I & 2 and for the reasons stated in Part 3. Moved: David Squires Seconded.- Connor Terry Vote- ayes — Squires, Terry, Jung, Mining, Ritter Determination ZBAA-24-11 Area Variance 232 Troy Rd, LDR, TP 45.-2-11 Resolved that this Board grants the appeal of Matthew Bollinger and Ann Weber, owners of 232 Troy Rd, LIT, TP 45.-2-11, seeking relief from Town of Ithaca Code sections 270-56C (Permitted accessory buildings and uses) and 270-219.2A (limitations on home occupations), to be permitted to construct a 1,000 sift accessory building to be used as an artist stud 1 o/workshop, with,the following Conditions 1. That the building be constructed substantially as shown on the application materials submitted for the August 27, 2024 meeting, and 2. That the hone occupation being granted is that of an artists studio/workshop only and with the following Findings That the benefit to the occupant outweighs any detriment to the health safety and welfare of the community., specifically I That the benefit the applicant wishes to achieve can be achieved by any other means feasible in that there are commercial spaces elsewhere, but, nevertheless, the applicant has provided evidence that the space needed is scarce in the area and prohibitively expensive, and sufficient space for the unique type of art practiced is not readily available,, and Page 2 of 3 ti .2. That there will not be an undesirable change in neighborhood character or to nearby properties as the design is complementary to the existing home and will be located on the lot and in a position that it will be hidden from the street view by topography and existing mature vegetation and the home occupation will not generate an increase in traffic above normal anticipated traffic in the neighborhood, and ,-. 3. That the request is substantial in that 500 sqft is the maximum permitted for a home occupation where 1,000 sqft is being approved, and the maximum aggregate of accessory buildings is 6 00 sq ft where 1,15 5 sqft is being granted, but, this is mitigated by no S EQR needed for the area variance and the placement of the building and the limited home occupation and associated traffic, and 4. That there..will not be an adverse,,phy si cal. or environmental affects.as evidenced by the negative determination under SE , and 5. That the alleged difficult is-self-created in that the applicant wishes to have his studio/workshop on his property rather than elsewhere, but this is mitigated for the reason stated above, and additionally, the type of.art the applicant practices involves very large structures and canvasses that are not easily accommodated in standard commercial or residential structures. Moved: David Squires Seconded: Connor Terry Vote: ayes— Squires, Terry, Jung, Mining, Ritter Other Ik Mr. Moseley previewed upcoming appeals. The meeting was adjourned upon motion by Mr. Squires, seconded by Mr. Terry; unanimous. Submitted by Ashley Colbert, Deputy Town Clerk ZBA 2024-087-27 (Filed 9/17) Pg. 3