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Home My WebLink AboutZBA Minutes 2019-12-10 Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday, December 10, 2019 @ 6:00 p.m. 215 N. Tioga St. 0013-2019 Appeal of Camille Doucette, owner, of 237 King Road East, Tax Parcel No. 45.-2-8, seeks relief from section 270-62 C, Size and area of lot, of the Town of Ithaca Code for a proposed two lot subdivision. Area variances are required on the proposed parcel A and parcel B due to both parcels being out of compliance with Section 270-62 C, of the Town of Ithaca Code, which requires each lot to have a minimum width of 150 feet, at the maximum required front yard setback line (60 feet from the street line). Both parcel A and parcel B appear to need approximately 2-feet or 3-feet to comply with section 270-62 C, of the Town of Ithaca Code. The current property is located in the Low-Density Residential District. 0015-2019 Appeal of Town of Ithaca Public Works, 114 Seven Mile Drive, Tax Parcel No. 33.-2-6.1, is seeking relief from section 270-56 C, Permitted accessory buildings and uses, 270- 60 E(3) Yard regulations, 270-61 Building area, and section 225-3 A(8) New buildings required to have sprinkler systems, of the Town of Ithaca Code. The referenced variances would apply to existing buildings, proposed buildings and a proposed addition to the existing facility. Town of Ithaca Code section 270-56 C allows for up to 3 accessory buildings on one lot with an aggregate area of the accessory buildings not to exceed 2,000 square feet, where the applicant is proposing to have 5 total accessory buildings with an aggregate size of approximately 21,676 square feet. Town of Ithaca Code section 270-60 E(3) allows for accessory buildings to occupy up to 15% of the 50-foot rear yard setback, where the current proposal indicates that the accessory building occupies approximately 16.50% of the 50-foot rear yard setback. Town of Ithaca Code section 270-61 allows for the maximum building area not to exceed 10% of the entire lot area, where the current proposal indicates a lot coverage of approximately 10.4% lot coverage. Town Code section 225-3 A(8) requires sprinklers for storage buildings exceeding 400 square feet in size, where the building identified as ''material storage bins'' is seeking to not install sprinklers. The current property is located in the Low-Density Residential District. Contact Marty Moseley at mmoseley@town.ithaca.ny.us or 273-1721 ext. 2 with any questions Bruce Bates Director of Code Enforcement Town of Ithaca Zoning Board of Appeals Tuesday, December 10, 2019 Minutes Present: Rob Rosen, Chair; Members, Chris Jung, Caren Rubin, George Vignaux and Alternates David Squires and David Filiberto Absent: Bill King Staff: Bruce Bates and Marty Mosely, Codes; Dan Thaete and David O’Shea, Engineering; Paulette Rosa, Town Clerk and Susan Brock, Attorney for the Town Mr. Rosen opened the meeting at 6:02 p.m. 0013-2019 Appeal of Camille Doucette, owner, of 237 King Road East, Tax Parcel No. 45.-2-8, seeks relief from section 270-62 C, Size and area of lot, of the Town of Ithaca Code for a proposed two lot subdivision. Area variances are required on the proposed parcel A and parcel B due to both parcels being out of compliance with Section 270-62 C, of the Town of Ithaca Code, which requires each lot to have a minimum width of 150 feet, at the maximum required front yard setback line (60 feet from the street line). Both parcel A and parcel B appear to need approximately 2-feet or 3-feet to comply with section 270-62 C, of the Town of Ithaca Code. The property is located in the Low-Density Residential District. Mr. Adams gave an overview saying that they have renovated the existing house and would like to subdivide the property making a buildable lot and the existing with a residence with an eye toward putting both on the market. Both properties as proposed would need a variance for 2’-3’ feet at the front yard setback. Mr. Adams added that nearby properties have similar and larger deficiencies he assumed were grandfathered in. Mr. Squires asked if there is a way to make the subdivision line in such a way as to make only one deficient and leave compliant. Mr. Adams responded that the line could be changed to do that, but then the deficiency is much larger on one lot and in talking with Codes and staff, it was thought two very small deficiencies were preferable. Mr. Filiberto asked if there was a way to purchase a few feet from the neighbor to remove the deficiency. Mr. Adams responded that they did check on that, but the cost would be borne only by them and it seemed harder and more expensive to go that route. Mr. Vignaux, Ms. Rubin and Ms. Jung all thought the request was not significant and should be granted as presented. ZBA 2019-12-10 Pg. 1 SEQR Determination No one felt there were any environmental affects associated with this request. ZBA Resolution 0013-2019S SEQR – 2-Lot Subdivision 237 King Road E TP 45.-2-8 December 10, 2019 Resolved that this Board makes a Negative Determination of environmental significance based on the for the information in Parts 1 & 2 and the reasons stated in Part 3 of the SEQR Form on the Doucet subdivision appeal. Moved by Rob Rosen, seconded by Chris Jung Vote: ayes- Rosen, Jung, Rubin, Vignaux and Filiberto Public Hearing Mr. Rosen opened the public hearing at 6:17 p.m. There was no one wishing to speak, and the hearing was closed. Variance Determination The Board discussed the Planning Board’s actions regarding the proposal and moved forward with a resolution. ZBA Resolution 0013-2019 2-Lot Subdivision 237 King Road E TP 45.-2-8 December 10, 2019 Resolved, that this board grants the appeal of Camille Doucette owner, of 237 King Road East, Tax Parcel No. 45.-2-8, seeking relief from section 270-62 C, Size and area of lot, of the Town of Ithaca Code which requires each lot to have a minimum width of 150 feet, at the maximum required front yard setback line (60 feet from the street line) with the following: Conditions : 1.That the subdivision be as submitted, and with the following Findings : That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically that: ZBA 2019-12-10 Pg. 2 1.The benefit to the applicant cannot be achieved by any means feasible given that it would be financially burdensome to purchase land from the neighbors given the neighbor is unable to contribute financially to a land swap, and 2.That there will not be an undesirable change in the neighborhood given that the request is very small, approximately 1’-2’feet and the neighboring lots have greater non- conforming lot sizes than this request, and 3.That the request is not substantial, given that 1’-2’ is needed which is less than 2%, and 4.That the hardship is self-created in that the applicant wishes to subdivide as presented Moved: David Filiberto, seconded by George Vignaux Vote: ayes – Filiberto, Vignaux, Rosen, Jung and Rubin 0015-2019 Appeal of Town of Ithaca Public Works, 114 Seven Mile Drive, Tax Parcel No. 33.-2-6.1, is seeking relief from section 270-56 C, Permitted accessory buildings and uses, 270- 60 E(3) Yard regulations, 270-61 Building area, and section 225-3 A(8) New buildings required to have sprinkler systems, of the Town of Ithaca Code. The referenced variances would apply to existing buildings, proposed buildings and a proposed addition to the existing facility. Town of Ithaca Code section 270-56 C allows for up to 3 accessory buildings on one lot with an aggregate area of the accessory buildings not to exceed 2,000 square feet, where the applicant is proposing to have 5 total accessory buildings with an aggregate size of approximately 21,676 square feet. Town of Ithaca Code section 270-60 E(3) allows for accessory buildings to occupy up to 15% of the 50-foot rear yard setback, where the current proposal indicates that the accessory building occupies approximately 16.50% of the 50-foot rear yard setback. Town of Ithaca Code section 270-61 allows for the maximum building area not to exceed 10% of the entire lot area, where the current proposal indicates a lot coverage of approximately 10.4% lot coverage. Town Code section 225-3 A(8) requires sprinklers for storage buildings exceeding 400 square feet in size, where the building identified as ''material storage bins'' is seeking to not install sprinklers. The current property is located in the Low-Density Residential District. Mr. Thaete gave an overview saying the Town is hoping to renovate the Public Works Department in the Spring and will need additional storage and discovered we were not compliant with existing storage units. SEQR Determination The Board did not feel there were any environmental affects associated with the request. ZBA Resolution 0015-2019 SEQR – Area Variance(s) 114 Seven Mile Dr – Public Works Facility TP 33.-2-6.1 December 10, 2019 ZBA 2019-12-10 Pg. 3 Resolved that this Board makes a Negative Determination of environmental significance based on the for the information in Parts 1 & 2 and the reasons stated in Part 3 of the SEQR Form on the Doucet subdivision appeal. Moved by Rob Rosen, seconded by George Vignaux Vote: ayes- Rosen, Jung, Rubin, Vignaux and Squires Public Hearing Mr. Rosen opened the public hearing at 6:28p.m.; there was no public present and the hearing was closed. Variance Determination The Board discussed the layout of the existing and proposed storage units and felt that the site itself was extremely large in comparison to the standard medium density lot on which these limitations are based and the aggregate amount is only slightly over the allowed coverage using those standard lot measurements. If all the smaller storage units were combined into one large unit, the percentage of lot coverage would only need a small variance and you can’t see the majority of the units from the public roadway. ZBA Resolution 0015-2019 Area Variances 114 Seven Mile Dr – Public Works Facility TP 33.-2-6.1 December 10, 2019 Resolved that this Board grants the appeal of Town of Ithaca Public Works as stated in the public hearing notice; relief from Section 270-56 C, Permitted accessory buildings and uses, 270-60 E(3) Yard regulations, 270-61 Building area, and section 225-3 A(8) with the following: Conditions: 1.That the project be completed substantially as shown. and with the following: Findings: 1.That the benefit to the applicant cannot be achieved by any other means feasible given that the function of the buildings and turning radius needed for the equipment stored and used in them require the current and proposed placement and could not be done in one building, and 2.There will not be an undesirable change in the neighborhood character or to nearby properties given that this lot is 11.7 acres where only 30,000 square feet are required in standard Low Density residential lot and given that differential in size, the sheer size of ZBA 2019-12-10 Pg. 4 the lot mitigates the number of buildings. You also can not see most of the buildings from the public right of way and the operations and some of the buildings have been present for 15 plus years, and 3.That the request in part is not substantial given that the aggregate is 16.4% where 15% is allowed but is substantial in that 3 are allowed and there are 7 currently and proposed, and 4.That the request will not have any adverse physical or environmental effects given the negative determination under SEQR, and 5.That while the alleged difficulty is self-created in that the storage units are needed, the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community for the reasons stated above. Moved by Rob Rosen, seconded by Caren Rubin. Vote: Rosen, Rubin, Vignaux, Jung and Squires Sprinkler Variance Determination Mr. Thaete explained that the structure which is classified as a building has 3-sides with concrete walls, one entire side open for egress, and a wood frame on top. The structure is used to store various gravels and noncombustible items and materials. The structure is not inhabitable and no utilities such as water or electric are located anywhere near it, making the installation of a sprinkler system nearly impossible and financially unfeasible. There is no heat to the building or area to keep water lines unfrozen. The Board discussed the description as given and felt there were no life-safety issues given the large egress available, non-inhabitable and non-combustible storage/use of the building. ZBA Resolution 0015-2019 Sprinkler Variance 114 Seven Mile Dr – Public Works Facility TP 33.-2-6.1 December 10, 2019 Resolved that this Board grants the appeal of the Town of Ithaca, requesting relief from Town Code section 225-3 A(8) requires sprinklers for storage buildings exceeding 400 square feet in size, with the following: Conditions 1.That the building be equipped with an NFPA 10 approved fire extinguisher, and 2.That the building not be substantially altered as described and submitted, and 3.That the building remain non-habitable and used for storage as described Findings ZBA 2019-12-10 Pg. 5 237?King?Rd?E? 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