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HomeMy WebLinkAboutZBA Minutes 2013-04-15 ZBA Minutes 4.15.13 TOWN OF ITHACA ZONING BOARD OF APPEALS Minutes Monday April 15, 2013 Present: Kirk Sigel, Chair, Bill King, Rob Rosen and John DeRosa Alternates: Christine Decker and Chris Jung Staff: Bruce Bates, Director Code Enforcement, Susan Brock, Attorney for the Town and Lori Kofoid, Deputy Town Clerk. Meeting was called to order 7:05pm Appeal of ICS Development Partners Inc, owner, requesting a variance from the requirements of Chapter 270-158 "Permitted principle use" to be permitted to convert a current office building into a mixed office and restaurant with drive-through access for both the restaurant and a bank, and a variance from 270-164 "Yard regulations" to increase the non-conformity of the front yard, located at 930 Danby Rd, Tax Parcel No. 40.-3-9.2, Industrial Zone. Mary Russell, attorney, Om Gupta, owner Jarma Sherma, architect and Scott Withiam, site planner were available for questions and comments. Ms. Russell explained the project and outlined the variances that are being requested. The project involves a drive thru window for a mixed office and restaurant use, and to allow for a drive through window for a bank and a third bypass lane with a use variance for conversion of the first floor into a restaurant and retail space and another use variance for the drive thru restaurant. It is believed that the applicant cannot expect a reasonable return without the conversion and the use variances. The main floor has been vacant for two years because the alleged hardship is that the property is unique. It is not large enough for industrial nor is there industrial in that area. The adjoining parcels have not been developed as industrial and may be rezoned. Ms. Russell referenced the E and V Energy property on Elmira Rd that was granted a variance recently which faced the same situation. Mr. Sigel explained that that allowed use is office space and that was the original intent of the building. Ms. Russell explained again that the office space had not been able to be leased. The uniqueness is that the four small parcels are in a way singled out because the district itself is disappearing which has become an extremely limited use. It also has to economically compete against South Hill Business campus which can provide cheaper rentals. The applicant has not yet considered the possibility of requesting a zoning change from the Town Board which would be a greater remedy to this situation. They will consider that if the variances are not granted. 1 ZBA Minutes 4.15.13 Ms. Russell states the belief that the character of the neighborhood will not be changed. Nothing has changed since the property went through the Site Plan review process. The self-created difficulty was not created by the applicant either because during the purchasing process it was presented to the applicant that there had been a site plan done and other uses were permitted on this site. Everything that was cited to the applicant as reasons to purchase the property have not been true. It was clarified that they are not seeking interpretation from the board at this time. They may request that at a later time, but not during this hearing. Mr. Sigel expressed concern that there is a residential property next door that could be impacted by traffic which would change the neighborhood character. Ms. Russell again used the E and V property as an example. Mr. Sigel clarified that this was a different use case in that it was mainly for office space not retail. Ms. Russell believes that another type of business in the industrial zone could increase the traffic and alter the neighborhood more extensively. Mr. Sigel countered that an employer would have traffic from employees that would stay on site whereas a restaurant would have traffic throughout the day. Ms. Russell stated that the main highway already brings heavy traffic to the area so the alteration to the character would not be happening. The applicants presented an altered site plan map that was presented by Mr. Withiam and was added to the record. The new plan is increasing the nonconformity of the property. The drive thru was moved to the north end of the property and an 18 space parking with buffering were added. They met with Sue Ritter and Bruce Bates last week and discussed the study that was done to possibly link this area with a sidewalk. There is still 100 feet from the retaining wall to the property line. The area variance was discussed. They believe they meet the first criteria because character of the neighborhood or detriment to nearby properties. This type of project was approved previously commercial/retail/restaurant/bar use and a negative declaration was determined at that time. There is a large business park adjacent to the property therefore they don't believe this would be a detriment to the nearby properties. They also don't believe that this can be achieved by any other feasible alternative to the variance. They have been trying to rent the office spaces for two years and have not achieved success. The variance is not substantial because they are only requesting a different use and a canopy. The applicant also does not believe that there is a negative environmental impact and this has been supported with the original site plan which has not changed. There has also been a downturn in the applicant's business and in the economy. The business campus next door rents space at a reduced rate. Mr. Rosen is seeing that this is more suitable to a zoning change than an area and use variance. Mr. Sigel is concerned about going from industrial and office allowance all the way to a restaurant with drive thru which skips over the community commercial zone. The Town Board made the decisions for good reason to maintain character in certain zones so therefore has concerns about having a restaurant and a drive thru. Mr. King ZBA Minutes 4.15.13 asked about the impact of the office space in the basement with a restaurant on the main floor. Mr. Gupta will be the tenant in the office space so that will not be an issue for the tenant. Mr. Sigel explained that they would need a super majority vote because of the GML determination by the county that there would be a negative impact. Public hearing was opened at 7:37pm. It was closed without comment at 7:37pm. The Board would like more information regarding: 1. The uniqueness of this property— more evidence that it is unique and not just having difficulty finding tenants 2. How it won't change the essential character of the neighborhood by changing from industrial to a drive thru restaurant. Mr. Sigel moved that this appeal be adjourned until such time as the applicant requests that it be put back on the agenda. Seconded by Ron Krantz. It passed unanimously. Appeal of Ed Baxter and Erika Styger, owners, Brent Katzmann, agent, requesting a Special Approval per Chapter 270-30, Article VI of the Town of Ithaca Code, to be permitted to construct 2 residential structures, located at Max's Dr, Tax Parcel No. 28.- 1-3.62, Agricultural Zone. Ed Baxter and Erika Stryker, owners; Brent Kratzman, agent and Noah Demarest, architect were present for answering questions and discuss request. Mr. Kratzman presented the plan that the applicants want to build two residences on their property that are separate buildings that would make a minimal impact on the environment. They would build the small building first then reside there while the second dwelling is being built. They would use the first building for visiting family and friends. The site plan shows an existing tree line that goes along the property line. The intent is to build a road or driveway that meets regulations with pull offs for passing vehicles, full sized hammerheads etc. to meet the standards in the code. The property would have one well and one septic system because they are integrated structures but not attached. The permitted use in an agricultural zone which would not be used for agricultural purposes, does allow for upon special approval a second dwelling unit in a building other than the building on the lot. They believe that the applicant satisfies all the criteria in this section. Mr. Sigel expressed concern about criteria six, that the second building is a house and not an accessory building and does not meet the definition of accessory. Essentially two homes on one lot is clearly prohibited by Town code. 3 ZBA Minutes 4.15.13 Mr. Kratzman pointed out that there are two properties in the neighborhood that have two structures on one property. It was clarified that these properties have two buildings that are connected by a porch which makes it a 2 family home. These examples are also in a different zone. The applicants would be permitted to build two homes that were connected because they would then be a two family home, a permitted use. One option presented by the board is for the applicant to build the larger building first, then reside in that building while a second accessory building is being built or add it as an attachment to the original building. No variance would be required. The applicant requested an adjournment. Mr. Sigel moved that this appeal be adjourned until such time as the applicant requests that it be put back on the agenda. Motion was seconded by Rob Rosen. Motion passed unanimously. Appeal of Evan Monkemeyer, owner, requesting a variance from the requirements of Chapter 270-123 "Drive-through operations" of the Town of Ithaca Code, to be permitted to build a drive-through lane and window for a restaurant and to also amend ZBA Resolution No. 2012-026 condition 4 to construct as indicated on the applicant's plans submitted November 15, 2010, located on the northeast corner of Danby Road and King Road East, Tax Parcel No. 43.-1-3.23, Neighborhood Commercial Zone. Evan Monkemeyer, applicant, Ed Keplinger, Architect, George Winner, Esq. and Jim Knittle were present to answer questions and discuss variance requests. Mr. Monkemeyer stated for the record that the public hearing notice states that he is the owner of the property when in fact College Crossing LLC is the owner of the property. Ms. Brock stated that she believes that this is not a substantial difference in terms of notice to the public and that this notice fairly apprises the public of which property is the subject of this hearing. The description of where the project is and the tax parcel number is sufficient notice to the public. The hearing continued. Mr. Monkemeyer gave background information on this property going through numerous planning meetings and plan changes since 2005. It has gone from a T-shaped building to elimination of the T and smaller square footage after the crash in 2008. They have carried through with being granted variances for the bank drive thru. But since then, they have gone flat with finding tenants for the property. They need 12000 sq ft before they can move forward. A new potential tenant has come forward, Dunkin Donuts, the same owner of the other two Dunkin Donuts in town. The end of the building has been modified to accommodate a restaurant and drive thru while also adding parking spaces. There are two ways to enter the driveway. A traffic study showed that they will be able to stack 7-9 vehicles in the drive thru without blocking traffic. Landscaping will be added to buffer the area so that it is not as visible 4 ZBA Minutes 4.15.13 from 96B. The Dunkin Donuts has agreed to change their interior from plastic to a leather look and will have a board room that will be free to the public for meetings. Mr. Sigel stated that he has "character of the neighborhood" questions, again largely feeling like he should defer to the town boards determination of what their zoning decisions are for not allowing drive thru restaurants in this zone. Mr. Monkemeyer is unsure why the Town board would differentiate between a bank and a restaurant when the traffic is very similar. He explained that Dunkin donuts is not a heavy restaurant but coffee and donuts with a very light menu. This property is not backing up to a residential area like the previous applicant. Mr. Monkemeyer stated that the school property to the north is 500 feet and in the past they have come in and supported the College Crossing development. Question was raised about the cross walk and if there would be any pedestrian crossing since it is a major highway. The state regulates the highway and they will not put in a crosswalk at this time because it would slow down the traffic on the main highway. The county GML letter was reviewed with their determination that it may have an inter- community, or county-wide impact and recommend disapproval of the proposal. Mr. Winner explained that he does not see how the County's determination adds anything new to the discussion. This is merely a request to allow a minimally intrusive but necessary purpose to land a tenant. Mr. Sigel expressed his reservations about the second criteria about whether this hardship is unique to this property, and he felt that there were other businesses in this area that would love to add a drive thru as a revenue enhancer. He also has concerns about the self-created criteria because the applicant proposed the design that created the condition that the applicant can't lease enough of the building to get financing. The applicant has the ability to modify the plan in order to get the financing that would make the plan feasible. Mr. Monkemeyer believes that making a change to the plan would make the project not financially feasible. Dunkin Donuts is not willing to consider leasing without the drive through. They are willing to sign a 10 year lease with the option for maintaining six renewals of five years each, totaling a 40 year commitment. Mr. Sigel again expressed that he does not see that the applicant has proven that they would not be able to have a reasonable return should they modify the plan to accommodate a smaller building. Mr. Monkemeyer expressed that the cost of starting with a smaller building and then adding to the building at a later time would be an economic hardship. Public hearing was opened at 9:07pm. Dave Auble of 111 King West Rd resident spoke about his general reaction is that most of the traffic to this restaurant would be walk in from Ithaca College instead of drive 5 ZBA Minutes 4.15.13 through traffic. He spoke in favor of it because it would be an asset to the neighborhood and he doesn't see where this would be detrimental. He pointed out that the gas station has a lot more drive in and drive out than the restaurant would be. Although he doesn't use drive throughs much he still believes this would be an asset. He has spoken with the Town planners and they are trying to make this a more walkable area and there is a lot of pedestrian traffic that goes past his property. A large amount of walkers from the motel and the neighborhood walk up and down King Rd. He would like to see more walk way opportunities and would more likely see that if they develop this corner with this project. He believes the state will make it more pedestrian friendly with the development being there. Public hearing was closed at 9:10pm. The Board discussed the concerns about whether the applicant has met the criteria for a use variance or if there would need to be more evidence presented for each criterion. Mr. Rosen doesn't see how this is a unique situation since the other corners have been developed. He believes that the drive thru is in conflict with the residential use and feel of the neighborhood and changes the character of the neighborhood. Ms. Brock suggested that the question about looking at any use permitted in this zone and having the applicant show that each use would not provide an economic return would be advisable. Mr. Monkemeyer believes that he has already done this through the multiple plan revisions and has attempted to get all of the permitted use businesses in this space and has been unsuccessful. The board does believe that he has not shown that he could not find a permitted use that is completely different than this plan and receive an economic return. Mr. Monkemeyer expressed that his economic hardship is that he doesn't have the money to just build this facility but rather must go to the bank and meet their criteria to receive the loan. He has talked to locals that are turning him down because the investment of $5-6,000 to invest in a restaurant is prohibitive. This possible tenant is an excellent tenant for this area that will give the building a jump start. Since this project was created and presented by Mr. Monkemeyer, it would be difficult to prove that it wasn't a self-created problem. One option suggested was that the building be made smaller, making the occupancy threshold for the bank financing being lower than what is currently needed. Evidence is needed for each of the criteria that supports that they have met that particular criteria. The problems have to be related to the property, not Mr. Monkemeyer's personal financial situation. The applicant requested an adjournment. Mr. Sigel moved that this appeal be adjourned until such time as the applicant requests that it be put back on the agenda. Motion was seconded by Rob Rosen. Motion passed unanimously. 6 ZBA Minutes 4.15.13 Ms Brock announced that Kirk Sigel has been given an award as "Outstanding ZBA Chair" at the NY State Planning Federation meeting that is coming up in the near future. Meeting was adjourned at 9:45pm Sub tted by: Lori Kof id, Deput o Clerk Approved by: Kirk Sigel, Chair 7 TOWN OF ITHACA AFFIDAVIT OF POSTING ANMD PUBLICATION 1, Lori Kofoid, being duly sworn, say that I a Deputy Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the, notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT: PUBLIC HEARING TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, April 15, 2013 7:00 P.M. Date of Publication: Friday April 5, 2013 Location of Sign Board Used for Posting: Town Hall Lobby Public Notices Board 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Friday April 5, 2013 C-!KLori foid Deputy Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 5th day of April 2013. 7 Notary-Public Debra DeAugistine Notary Public-State of New York No.01 DE6148035 Oualified in Tompkins County My Commission Expires June 19,20 Y TOWN.OF IT HACA be ZONING BOARb of OF A,PPFALS Kar NOTI CYF PUBLIC Mond Al rll f s,. ry, Oi3 of 24'5440rth Tiara b tr�6�rlthaaa 7c.1}0 C?,,K Aprppeal,-til ICS;brrve'rlop,tN 'cftalrrt Partners ln4 oWrfer;tt r geaa,hs0hq a"vnrfanoea(aom as the 1^6(nlrerhenla of a` too 270-15B Peraltffnail Ch prin ipie use"to be paermiV�Or ted to convert as mint ant crf- E+) fice building 11110 a tnlxad rtf- rJ Inca and rest'arn ant Wth� � driye 9 Qph acr n juga'8` T both f la dt&;sur arot,rkli`fL'4 bank,peed a wartmice,trtmi 5 2701.16 'Yard regd,atfoW I to arrr reaasm the, non. C conforfnty'of the -front L yard,,loo ated at 930 banbay fi FId Taaay,ParcW No, 40y-3"0 92,Indrtaklaal Zone- h 'ApperrP Of Fad Baxtrae and b Erika Styg er,owners,Bitar'it 6 Fa v d tzmaantt"agent rerguest7,a- inn at`aP l l APlaroval P(we^ C.f:ngatepr,a(C 30 FtoVOO Wl 8� of the, Tsewer of 1tYfR1,;tCt D-Ale, [ar her-laerrottteti to.n t copnsbuct 2 restti6nfiot i stnichare^s„ Jocatrfri". at u Max's Dr,Tax P armed"No,^f Agi eA'alturae I: t Zone, P /tp pe at of Evian fatlsa Aemaycar owota rr re t qure stihri a vfarklrvikrone t ? the rt yia'rr resents ref�fiap, ; ttarc 27012.3'15sve4hep4ja,, g L operations"of the 1'664l,of, , ' BtXN,:a,ar Carlo,to be,q`>airrhil;.F, ted to build a driye"4fiiisugl) t )acne and window fad a 0,9s:' Id taauran4 rand to also aroeand 51 7BA Renahlutlon No,,;2'012rr 01 026 etaaaski¢ron A to oorsr Ora rtfuot car+indicated,on that as rar)pir hl p1mis silbolUtW wt N+ovrt n b pr 15,201 fpF,4 rrir ed On the ar¢ark9raask,'uraenrsr Po of Uorrhy,Bread arias'King r —Rend Lfaa1,Tata Parcel No, my a" a .p>3,23, ;fsNeigh zaaftod c V 1, Curnme,rbltalZorfa. 44luce W,Ratw,,, 1 Director of Code d Dotedi Aprrll 3,2013 ad"hv''�Ca93' AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) I, Lori Kofoid, being duly sworn, deposes and says, that deponent is not a party to the actions, is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca,New York. That on the 5`h day of April 2013, deponent served the within Notice upon the property owners of the following Tax Parcel Numbers: 930 Danby Rd,Area and Use Variances Emerson Power Transmission ICS Development Partners Ithaca College 7120 New Buffington Rd 930 Danby Rd 953 Danby Rd PRW 322 Florence, KY,41042 Ithaca, NY 14850 Ithaca, NY 14850 Ithaca Estates Properties Jane Ames Grantor Trust Maria&John Poulos 123 King Rd East PO Box 460 924 Danby Rd Ithaca,NY 14850 Ithaca, NY 14850 Ithaca,NY 14850 Sanford Reuning South Hill Business Campus Peter&Patricia Stage Franklin Butler 950 Danby Rd 923 Danby Rd 929 Danby Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Sunom, Inc John Dix Wayman 930 Danby Rd 917 Danby Rd Ithaca,NY 14850 Ithaca,NY 14850 Max's Dr,Tax Parcel#28.4-3.2,Area Variance Kimberly&Jason Bailey Diane Beckley Mary Bentley 110 Vera Cir 2 Max's Dr and Lisa Schneider Ithaca, NY 14850 Ithaca,NY 14850 100 Vera Cir Ithaca,NY 14850 William Breen Daniel Buck Richard Conlon 125 Vera Cir 112 Vera Cir 860 Elm St Ext Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Robert Drake Richard Durst Paul &Mary Hart 354 Sheffield Rd and Antje Baeumner 205 Woodgate Ln Ithaca,NY 14850 1040 Cayuga Heights Rd Ithaca,NY 14850 Ithaca,NY 14850 14"11\ IT Harbor Enterprises John &Ann Lemley Stephen&Jeannette Little PO Box 249 301 Woodgate Ln 201 Woodgate Ln Ithaca,NY 14851 Ithaca,NY 14850 Ithaca,NY 14850 Karl Niklas&Edward Cobb Diane&Gordon Perry Sandra Reukauf 115 Vera Cir 108 Vera Cir 106 Vera Cir Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Laurie Robinson Robert&Paula Smith Donald&Jenny Tindall 118 Vera Cir 123 Vera Cir 117 Vera Cir Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Doug&Lauri Wallenbeck Merton &Lury Wallenbeck Stan Walton 5 Max's Dr 4 Max's Dr 116 N Aurora St Ithaca, NY 14850 Ithaca, NY 14850 Ithaca,NY 14850 Paul Wheeler& Deborah Littlejohn 1 Max's Dr Ithaca,NY 14850 Northeast Corner Danby Rd & King Rd East, College Crossing Development Tax Parcel#43.4-3.23 David Auble Birds-Eye View Properties Leslie&Karen Black 111 King Rd West 721 Hudson St 107 Kings Way Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Robert Chamberlain Jr Robert Farley Garuda Hotels Inc 70 Gunderman Rd 1050 Danby Rd 2303 N.Triphammer Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 INHS, Inc Manley's Mighty-Mart LLC Grit Matthias 115 W. Clinton St 1249 Front St 111 Kings Way Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 James McCollum EAC Montessori School Jill Moreland Laura Thomas 120 King Rd East 114 King Rd West 1046 Danby Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Jack Nelson Jacqueline Nelson Theresa Peck 319 Van Kirk Rd 106 King Rd West 113 Kings Way Newfield,NY 14867 Ithaca,NY 14850 Ithaca,NY 14850 David Richards Christina Marie Salino Maria Salino 1058 Danby Rd 1070 Danby Rd 488 Troy Rd Ithaca, NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Samuel Peter—Trust Timothy &Peter Torchia George Winner,Esq. 1083 Danby Rd 110 King Rd West 150 Lake St#159 Ithaca,NY 14850 Ithaca,NY 14850 Elmira,NY 14901 Keplinger Freeman Associates James Knittel, AIA Evan Monkemeyer Edward Keplinger,RLA Dal Pos Architects,LLC College Crossing LLC 6320 Fly Rd, Suite 201 101 N. Clinton St Suite 300 123 King Rd East East Syracuse,NY 13057 Syracuse,NY 13202 Ithaca,NY 14850 By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York. Lori Ko void,Deputy To C rk Town of Ithaca Sworn to before me this 5th day of April 2013. Notary Public Debra DeAugistine Notary Public-State of New York No.01 DE6148035 Qualified in Tompkins County My Commission Expires June 19,20