HomeMy WebLinkAboutZBAA-24-26 Packet 1150 Danby RdTownofIthacaOctober11,2024ZBAA—24-26PrimaryLocationApplicantZoningBoardofAppeals1150DanbyRdUnitLaTourelleAJasonSidleAreaVarianceResortandSpaJ607-273-2734ApplicationIthacaNY14850@iason@latourelle.com*1150DanbyRd.Status:ActiveOwnerIthaca,NY14850SubmittedOn:8/30/2024LaTourellePartnersLLC1150DanbyRdIthaca,NY14850InternalOnly-ReviewaTaxParcelNo.aIsPlanningDept.ApprovalRequired?36-1-4.5—IsEngineeringDept.ApprovalRequired?êisaGML-239ReviewRequired?—YesGML-239ReasonforReview*aTypeofVarianceTherightofwayofanyexistingorAreaVarianceproposedcountyorstateroadaAppearanceDateforVariance-10/22/24iVarianceCodeLanguageZBAA-24-26AppealofJasonSidlemanagerofLaTourelleHotelandSpalocatedat1150DanbyRoad,Ithaca,NY14850;isseekingrelieffromTownofIthacaCodesection270-71YardregulationsE.(2)(Accessorybuildings)toinstallashedinthesideyard.TownofIthacaCode270-71E.(2)requiresaccessorybuildingstooccupyrearyard.TheapplicantisalsoseekingrelieffromTownofIthacaCode271-3SpecialLandUseDistrictNo.1(Wiggins)B.(4)(b)toinstallashedapproximately10fromthebuilding.TownofIthacaCode271-3B.(4)(b)requires29’spacebetweenbuildings.ThepropertyislocatedinSpecialLandUseDistrictNo.1(Wiggins)PlannedDevelopmentZoneandaMediumDensityResidentialZonetaxparcel36-1-4.5.
iVarianceCodeSection270-71and271-3InternalTaskstobeCompletedMeetingResult(FirstAppearance)IMaterialsForGML-239WereSent09/11/2024IDeadlineforHearingNoticetoJournalIPublicHearingNoticeWasSent10/10/202410/11/2024INeighborNotificationLettersWereSentIDateSignWasPicked-up10/11/2024IMaterialPacketsSenttoZBAMembers10/11/2024HistoricalOnlyIAddressaffiliatedwithrequestIStatusApplicant’sInformationApplicantisIstheprimarypointofcontactforapplicationdifferentthantheapplicant?*PropertyOwnerNo
DescriptionBriefDescriptionofVarianceRequest*Requestingtwovariancesinordertoinstalla10by20shedthatisneededtostorebanquetequipmentinclosedproximitytothemeetingspaceatLaTourelleHotel.Thefirstvarianceistoputtheshed19closertothehotelthanrquiredbyTownLawandthesecondvarianceistolocatetheshedinthesideyard.AreaVarianceCriteriaForm1.Willanundesirablechangebeproducedinthecharacteroftheneighborhoodorbeadetrimenttonearbyproperties?*NoReasons:Theshedwillnotbevisiblebyneighborsastheviewwillbeobstructedbythebuildingandbythetreesonthenorthernpropertyline.2.Canthebenefitsoughtbytheapplicantbeachievedbyafeasiblealternativetothevariance?*NoReasons:Locatingtheshedintherecommendedlocationwillmakeiteasiertomovebanquetequipmentfromstoragetothemeetingspace.Theonlyotheroptionwouldbetoexpandthebuildingwhichwouldbeextremelyexpensive.3.Istherequestedvariancesubstantial?*No
Reasons:Theshedisonly10’by20’andtherequestedvarianceisnotsubstantialgiventhenatureofthehotelandmeetingsbusiness.4.Wouldthevariancehaveanadverseimpactonthephysicalorenvironmentalconditionsintheneighborhood?*NoReasons:Itwouldonlybevisiblebyhotelandmeetingguests.5.Istheallegeddifficultyselfcreated?*NoReasons:Thehotelneedsadditionalstoragespaceforbanquetequipment,primarilytablesandchairs.Thecurrentavailablestorageisinsufficienttomeetcustomerneedsfortheiruseofthemeetingspace.AffidavitTheUNDERSIGNEDrespectfullysubmitthisapplicationrequestinganappearancebeforetheZoningBoardofAppeals.Byfilingthisapplication,IgrantpermissionformembersofTheTownofIthacaZoningBoardofAppealsorTownstafftoentermypropertyforanyinspection(s)necessarythatareinconnectionwithmyapplication.Iacknowledge,thatcompletedapplicationsarescheduledonafirst-comefirst-servebasisandthatalldocumentsideallybesubmittedforty-five(45)daysadvanceoftheproposedmeetingdate,togetherwiththerequiredapplicationfee.Failuretodosomayresultinadelayinmyhearing.
DigitalSignature*MeetingDate0WilliamMinnock10/22/2024Aug30,2024PAYMENTINFORMATIONAftersubmission,CodeDepartmentAdministrationwillreviewtheapplicationandmaterialsprovided.Afterreview,andemailwithinstructionsforpayingthefeeonlinewithcreditcardorE-checkwillbesenttotheapplicant.Ifitispreferredtopaybycheck,cashormoneyorder:*MailtoCodeEnforcement,TownHall215N.TiogaSt.Ithaca,NY14850*DropoffduringbusinesshourstoTownHallM-F8-4*PlaceinlockedboxnexttothedoorontheBuffaloStsideofTownHallAttachmentsDetermination/DenialLetterBLD-24-110DenialEmail8-23-24.pdfUploadedbyDanaMagnusononSep3,2024at9:59AMSurveyand/orPlansREQUIREDShedLocation.pdfUploadedbyJasonSidleonAug30,2024at5:27PMSpecia’LandUseDistrictNo.1(Wiggins).pdfSpecialLandUseDistrictNo.1(Wiggins).pdfUploadedbyLoriKofoidonOct11,2024at11:19AMHistoryDateActivity10/11/2024,11:40:08LoriKofoidchangedDeadlineforHearingNoticetoJournalfrom‘“toAM“10/10/2024”onRecordZBAA-24-2610/11/2024,11:40:08LoriKofoidchangedMaterialPacketsSenttoZBAMembersfrom“toAM“10/11/2024”onRecordZBAA-24-26
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Dana Magnuson
From:Dana Magnuson
Sent:Friday, August 23, 2024 12:36 PM
To:Jason Sidle
Cc:Bill Minnock
Subject:Building Permit Application BLD-24-110 for 1150 Danby Road/La Tourelle Has Been
Denied
Hello Jason,
Building Permit Application BLD-24-110 for 1150 Danby Road has been denied due to proposed location of
shed.
Per Town Law Chapter 271 Zoning: Special Land Use Districts 271-3 Special Land Use Districts No. 1
(Wiggins). B. (4) This Planned Development Zone includes all lots and area requirements of the Medium-
Density Residential Zone except as modified below:
(b) Spaces between buildings. The distance between any two structures shall be no less than the average
height of both, except that a shorter distance may be allowed if the resulting space is to be used and
maintained as a fire lane.
The proposed shed location of 10’ from the building in north side yard requires 29’ per Town Law noted above.
The proposed location may require 2 area variances from the Town Zoning Board of Appeals.
1) Shed location 19’ closer to hotel
2) Shed proposed in side yard and required in rear yard per Town Law Article IX Medium Density
Residential Zones 270-71 Yard regulations. E. Accessory buildings
https://ecode360.com/8661882#8661928
Director of Planning CJ Randall noted via email 7/3/24 that the proposed shed site plan modification would not
require site plan approval. CJ also noted Town Code § 270-68C, "up to three accessory buildings other than
a garage or a building occupied by a detached accessory dwelling unit are permitted as of right; ...unless
the lot is three acres or larger, in which event the aggregate area of the accessory buildings may not
exceed total footprint of 2,000 square feet."
Below is the link for a Zoning Board of Appeals area variance application;
https://ithacany.portal.opengov.com/categories/1084/record-types/6461
This email can be submitted as the determination/ denial required for the application.
Please let me know if you have any questions.
Thank you,
Dana Magnuson
Senior Code Enforcement/Electrical
Town of Ithaca
215 N.Tioga St.
Ithaca, NY
607-273-1783 ext.131
dmagnuson@townithacany.gov
www.town.ithaca.ny.us
COMMISSIONER
Katherine Borgella
DEPUTY COMMISSIONER
M. Megan McDonald
121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning
Creating and implementing plans that position Tompkins County communities to thrive.
September 18, 2024
Lori Kofoid, Administrative Assistant IV
Town of Ithaca
215 North Tioga St.
Ithaca, NY 14850
Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law
Proposed Action: Area Variance for proposed La Tourelle shed located at 1150 Danby Road, Tax
Parcel #36.-1-4.5, La Tourelle Partners LLC, Owner; Jason Sidle, Applicant.
Dear Ms. Kofoid:
This letter acknowledges your referral of the proposed action identified above for review by the
Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New
York State General Municipal Law.
We have determined the proposed action will have no significant county-wide or inter-community impact.
We look forward to receiving notification on the final action taken by your municipality within 30 days of
decision, as required by State law.
Sincerely,
Katherine Borgella, AICP
Commissioner of Planning and Sustainability
§ 271-3. Special Land Use District No. 1 (Wiggins). [Adopted 8-13-1984 by L.L. No. 3-1984]
A. WHEREAS:
(1) The Planning Board has extensively reviewed the proposed "La Tourelle" development
of Walter J. and Joyce Y. Wiggins at public hearings duly and properly held during the
Winter and Spring of 1984.
(2) On June 5, 1984, the project was granted final site plan approval by the Planning Board.
(3) All necessary environmental reviews have been completed, after which it was
determined that the project would have no significant impact on the environment.
(4) The Planning Board has determined that:
(a) There is a need for the proposed use in the proposed location.
(b) The existing and probable future character of the neighborhood will not be
adversely affected.
(c) The proposed change is in accordance with a comprehensive plan of development
in the Town.
(5) The Planning Board has recommended that the Zoning Ordinance be amended to permit
this development as proposed and reviewed.
B. NOW THEREFORE BE IT RESOLVED: [Amended 11-10-1988 by L.L. No. 11-1988;
12-13-2004 by L.L. No. 11-2004; 5-7-2012 by L.L. No. 5-2012]
(1) Section 270-6 of the Town of Ithaca Code includes in the list of permissible districts a
district designated as "Special Land Use District No. 1," which district is now
considered and hereafter referred to as "Planned Development Zone No. 1."
(2) (Reserved)
(3) The uses and structures permitted in this Planned Development Zone are: [Amended
5-12-2014 by L.L. No. 11-2014; 8-7-2017 by L.L. No. 12-2017]
(a) Any use permitted in a Medium-Density Residential Zone.
(b) The operation of a hotel or motel to be used as a bed-and-breakfast inn, with site
plan approval by the Planning Board.
(c) The existing construction and use of that portion of the premises formerly and/or
now used and occupied as the L'Auberge du Cochon Rouge Restaurant and the
Barn Apartments as shown on the final site plans and/or the survey map of "A
Portion of the Lands of Walter J. and Joyce Y. Wiggins," dated July 3, 1984.
(d) A spa facility, attached to a hotel or motel, as defined and limited in
§ 271-3B(5)(a)[6] below.
(e) Seasonal camping facilities, as defined and limited in § 271-3B(5)(a)[7] below.
Town of Ithaca, NY
§ 271-3 § 271-3
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(f) Signs, subject to the provisions in Subsection B(4)(e) below.
(4) This Planned Development Zone includes all lots and area requirements of the Medium-
Density Residential Zone except as modified below:
(a) Side yards may not be less than 30 feet.
(b) Spaces between buildings. The distance between any two structures shall be no less
than the average height of both, except that a shorter distance may be allowed if
the resulting space is to be used and maintained as a fire lane.
(c) Height. No structure shall be greater than 55 feet from the lowest point at grade to
the highest point on the roof line.
(d) Stories: No more than two stories. However, as many as four dwelling units may
be constructed in the basement of the first phase of the development.
(e) Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX,
Signs. In addition to the provisions that apply to all signs, the specific provisions
applicable to signs located in the Commercial and Industrial Zones shall apply,
except up to two freestanding signs identifying the on-site establishments are
allowed instead of the one freestanding sign provided for in Article XXIX. [Added
8-7-2017 by L.L. No. 12-2017]
(5) Notwithstanding the provisions of Subsection B(3), above, the following particular
covenants and restrictions shall govern the use of the lands in this Planned Development
Zone No. 1, otherwise known as "La Tourelle."
(a) The only new construction and use permitted in the above zone shall be a hotel or
inn containing no more than 80 units for guests, and the following additional
facilities, all of which construction may occur in phases:
[1] Tennis courts, enclosed or otherwise.
[2] Swimming pools (for guests of the inn).
[3] Cabanas or other similar accessory structures related to tennis courts and
swimming.
[4] Pond or other body of water.
[5] Restaurant or other food service establishment.
[6] Spa facility of not more than 5,000 square feet of total interior floor area, open
to hotel guests and the general public, consisting of:
[a] Spaces for one or more of the following activities: massages, facials,
manicures, pedicures, hair care, and tanning;
[b] Related lounges, locker rooms, showers, saunas, steam baths, and
wading pool;
Town of Ithaca, NY
§ 271-3 § 271-3
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[c] Shop (not more than 100 square feet in size) for the sale of spa
therapeutic and aesthetic products; and
[d] Other facilities related to the spa activities authorized above.
[7] Seasonal camping facilities consisting of: [Added 5-12-2014 by L.L. No.
11-2014]
[a] No more than 25 seasonal luxury tents for overnight lodging;
[b] Related commons lobby tent (one tent up to 40 feet by 60 feet), dining/
lounge tent (one tent up to 20 feet by 40 feet), bathroom and shower
facilities, fire circle, hot tub, office space, and grills; [Amended
4-13-2015 by L.L. No. 2-2015]
[c] Other facilities related to the seasonal camping activities authorized
above.
(b) (Reserved)1
(c) No building permit shall be issued for a building or structure within Planned
Development Zone No. 3, nor shall any existing building or structure in such Zone
be changed, unless the proposed building or structure is in accordance with a site
plan approved by the Planning Board, or with a modified site plan approved by the
Planning Board (where Article XXIII requires Planning Board approval for
modifications), pursuant to the provisions of Article XXIII and other applicable
provisions of Chapter 270.
(d) (Reserved)
(e) No portion of the outside area of the Planned Development Zone shall be used for
the service of food or beverages, nor any public assembly, nor dancing or musical
activities; except as follows:
[1] At any time subsequent to the adoption of this section the Town Board may
adopt regulations by resolution or by amendment of the Town Zoning Law to
implement the provisions of this section, which may also include a
requirement that the owner or his duly authorized representative, obtain a
special permit from a person designated by the Town Board for that purpose
to permit the use of portions of the outdoors area in the immediate vicinity of
the La Tourelle structure for limited, temporary or occasional serving of food
and beverage for the guests of La Tourelle for special occasions such as
weddings or other social occasions. Such regulations shall be adopted only
after a public hearing has been held, notice of which has been published in the
official newspaper, at least five days prior to such hearing and written notice
thereof has been mailed or delivered personally to the owner of the above
project, or to his duly authorized representative, and to such other owners of
1. Editor's Note: Former Subsection B(5)(b), regarding exterior design, specifications and plans, as amended, was repealed 5-7-2012 by
L.L. No. 5-2012.
Town of Ithaca, NY
§ 271-3 § 271-3
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property, as the Town Board may direct. Until such time as such regulations
may be adopted, the lands may be used for the outdoor activities, as described
above, without a permit.
(f) No noise originating on the property contained in this Planned Development Zone
shall exceed the limits set forth in Town of Ithaca Code § 270-155 or in Town of
Ithaca Code Chapter 184, whichever is more restrictive.
(g) Ingress and egress shall be through the driveway leading to State Highway Route
96B past the restaurant as shown on the final site plan and survey map dated July
3, 1984.
(h) All construction must comply with all applicable laws, codes, ordinances, rules and
regulations.
(i) These covenants may be enforced by the owner of any land lying within 500 feet
of the boundaries of this zone, and/or by the Town of Ithaca.
(j) The above restrictive covenants shall run with the land and shall be incorporated in
a document which shall be signed by the owner and recorded in the Tompkins
County Clerk's office. No portion of the building shall be occupied or otherwise
used unless a valid certificate of occupancy has been issued.
(6) This Planned Development Zone shall be added and hereby is added to the Official
Zoning Map of the Town of Ithaca at the location given in Schedule A below.2
(7) In the event that any portion of this section is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
(8) The Town reserves for itself, its agencies, and all other persons having an interest, all
remedies and rights, to enforce the provisions of this section, including, without
limitation, actions for an injunction or other equitable remedy, or action and damages,
in the event the owner of the parcel covered by this section fails to comply with any of
the provisions thereof.
Schedule A
Description of Portion of Land of Walter J. and Joyce Y. Wiggins
Zoned as Special Land Use District (now known as Planned Devel-
opment Zone) No. 1 [Amended 11-10-2008 by L.L. No. 18-2008]
Situate in the Town of Ithaca, County of Tompkins, State of New York.
Beginning in the center line of New York State Route 96B at the south-
east corner of lands of Laurent and Kaethe Bessou, designated as Tax
Parcel No. 6-36-1-4.3:
2. Editor's Note: Said Schedule A is included at the end of § 271-3.
Town of Ithaca, NY
§ 271-3 § 271-3
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1. Thence southerly along said center line 435 feet more or less, to
the northeast corner of property of Irene Stout, designated as Tax
Parcel No. 6-36-1-5;
2. Thence westerly 200 feet more or less, to the northwest corner of
said Stout property;
3. Thence southerly 100 feet more or less, to the southwest corner
of said Stout property and the north line of lands of Fairview
Manor Realty Co., Tax Parcel No. 6-36-1-6;
4. Thence westerly in part along a northerly property line of lands
of Fairview Manor Realty Co., and designated as Tax Parcel No.
6-36-1-6, 1100 feet to a point;
5. Thence northerly through the lands of Wiggins, 935 feet more or
less to the southerly boundary of lands now or formerly of An-
thony Leonardo, designated as Tax Parcel No. 6-37-2-20.2;
6. Thence easterly along Leonardo's southerly line 600 feet to a
point;
7. Thence southerly, in part along the west line of Bessou's proper-
ty (designated as Tax Parcel No. 6-36-1-4.3) 400 feet more or
less to their southwest corner;
8. Thence easterly along Bessou's southerly line, 700 feet more or
less to the center line of Route 96B and the Point of Beginning.
Containing 20.3 acres, more or less.
Notwithstanding the foregoing, pursuant to Local Law No. 18 of the
Year 2008, the following lands shall not be zoned as Special Land Use
District (now known as Planned Development Zone) No. 1 and shall in-
stead be zoned as Low Density Residential:
Situate in the Town of Ithaca, County of Tompkins, State of New York.
Beginning at a point in the northerly property line of lands of Walter
J. Wiggins and Joyce Y. Wiggins (L.477/p.726), being also the current
northerly line of Town of Ithaca Tax Map Parcel Number 36.-1-4.5,
which point of beginning is located North 78° 13' 37" West a distance of
1,069.74 feet from a point in the center line of Danby Road – New York
State Route 96-B, which point in the center line of Danby Road is locat-
ed 812.84', more or less, northerly from the intersection of the center line
of said Danby Road with the center line of Schickel Road;
Thence South 86° 12' 31" East a distance of 359.10' to a set 3/4 inch
rebar and survey cap, said point being along the westerly boundary of
lands now or formerly of Bessou (483131-001);
Town of Ithaca, NY
§ 271-3 § 271-3
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Thence North 04° 01' 50" West a distance of 357.75' to a pin in the
southern property line of lands now or formerly of Leonardo (269/34),
said course passing through a set 3/4 inch rebar and survey cap at
298.18';
Thence North 78° 04' 49" West a distance of 599.56' along said southerly
boundary of Leonardo to a existing pin in the said southerly line of
Leonardo, said course passing through a set 3/4 inch rebar and survey
cap at 399.18';
Thence South 04° 01' 50" East a distance of 411.16' to a set 3/4 inch re-
bar and survey cap in the northwesterly corner of lands now or formerly
of Wiggins (477/726);
Thence South 78° 13' 37" East a distance of 229.39' to a set 3/4 inch re-
bar and survey cap, said point being the point and place of beginning.
The above-described premises are shown on a survey map entitled "Pro-
posed Subdivision - Lands of Kaethe Bessou, Nathalie Bessou, and
Xavier Bessou, Town of Ithaca – County of Tompkins, State of New
York," as surveyed in May of 2008 and certified on May 30, 2008 by
Michael J. Reagan, P.L.S. (#049829), said premises showing an area that
is part of existing Town of Ithaca Tax Map Parcel Number 36.-1-4.2.
Town of Ithaca, NY
§ 271-3 § 271-3
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