HomeMy WebLinkAboutZBA Minutes 2020-04-15Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Wednesday, April 15, 2020 @ 6:00 p.m.
215 N Tioga St.
0004-2020 Appeal of Jeffery Holden and Mary Gardner, owners of 11 The Byway, Tax
Parcel No. 66.-1-7, are seeking relief from Town of Ithaca Code sections, 270-71.E(1) (Yard
regulations), 270-205A (Nonconforming structures), and 270-219.6 B.(1) (Requirements
applicable to all accessory dwelling units), for a proposal to convert part of an existing barn to an
accessory dwelling unit. Town of Ithaca Code section 270-71 E(1) requires a building occupied
by a detached accessory dwelling unit to have a minimum of a 30 foot side lot line setback and
be located in the rear of the lot, where the applicant is proposing to provide a side lot line setback
of approximately 1 feet 2 inches to the existing structure, provide a side lot line setback of 14
feet 2 inches measured to the proposed covered porch on the south side of the existing structure,
and maintain the existing building placement in the front yard. Town of Ithaca Code section 270-
219.6.B(1) requires that the accessory dwelling unit be no larger than 70% of the floor area of
the principal dwelling unit or 800 square feet (whichever is less), where the applicant is
proposing to have an accessory dwelling unit of approximately 881 square feet. Town of Ithaca
Code section 270-205A requires that an existing non-conforming structure cannot be enlarged or
altered to increase the non-conformity, where the applicant is proposing to add an approximate
12 square foot (with an attached stair) covered porch on the south side of the existing structure.
The proposed addition does not increase the encroachment measured to the side yard property
line, but does increase the size and volume of the building by an approximate 12 square feet. The
current property is located in the Medium Density Residential District and the Forest Home
Historic District.
0005-2020 Appeal of Peter Trowbridge, owner of 1345 Mecklenburg Road, Tax Parcel No.
28.-1-23.1, is requesting relief from the Town of Ithaca Code section 270-56 C. (Permitted
accessory buildings and uses). Town of Ithaca Code section 270-56 C. allows for up to three
accessory buildings not to exceed 2,000 square feet in the aggregate, when the lot is three acres
or larger. The applicant is requesting to have two accessory buildings (one existing accessory
structure and one newly proposed accessory structure), which would have a combined total of
approximately 6,952 square feet in total and would exceed the specified limits of Ithaca Code
section 270-56 C. The property is located in the Low-Density Residential Zone.
Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will
not be meeting in-person. In accordance with the Governor’s Executive Order 202.1, this
meeting will be held by video conferencing through the Zoom App. The meeting can be accessed
by going to www.zoom.us - Join Meeting - Meeting ID 944-393-1973. You can also call in to the
Zoom meeting at +1 (929 436 2866). Zoom will allow for comments from the public during the
public hearing portion of the Zoom meeting. Comments can also be submitted via email to the
Town Clerk or by United States Postal Mail and will be read into the record. Email
prosa@town.ithaca.ny.us with any comments or questions.
Marty Moseley, Director of Code Enforcement
ZBA 2020-04-15 Pg. 1
Town of Ithaca
Zoning Board of Appeals
Wednesday, April 15, 2020
Meeting held via ZOOM
Board Members Present: Rob Rosen, Chair; Members George Vignaux, David Squires, Chris
Jung, and Bill King Absent: David Filiberto and David Williams
Staff: Marty Mosely, Codes; Paulette Rosa, Clerk and Susan Brock, Attorney
Mr. Rosen opened the meeting at 6:11 p.m.
0004-2020 Appeal of Jeffery Holden and Mary Gardner, owners, 11 The Byway, TP 66.-1-7,
MDR and Forest Home Historic District, requesting a variance from Town of Ithaca Code sections,
270-71 E(1) (Yard regulations), 270-205A (Nonconforming structures), and 270-219.6 B(1)
(Requirements applicable to detached accessory dwelling units), for the proposed conversion of
part of an existing barn into an accessory dwelling unit.
Town of Ithaca Code section 270-71 E(1) requires a building occupied by a detached accessory
dwelling unit to have a minimum of a 30 foot side lot line setback and be located in the rear of the
lot. The proposal would have a 1’ foot 2” inch side yard setback on the north (existing) and a 14’ft
2” side yard setback as measured to the proposed addition of a covered porch on the south, and
maintain the existing front yard building placement.
Town of Ithaca Code section 270-219.6.B(1) requires that the accessory dwelling unit be no larger
than 70% of the floor area of the principle dwelling unit or 800’ sqft (whichever is less), where the
proposed ADU would be approximately 881’ sqft.
Town of Ithaca Code section 270-205A requires that an existing non-conforming structure cannot
be enlarged or altered to increase the non-conformity, where the applicant is proposing to add an
approximate 12’ sqft (with an attached stair) covered porch on the south side of the existing
structure.
The applicants where present via Zoom and gave an overview of the project.
Mr. Holden stated that the barn is very old, at least 70 years old but probably closer to 100, and
needs some major maintenance is needed to preserve it. While looking into that, we decided we
would like to have an accessory dwelling unit (ADU) given the close proximity of Cornell and
interest from graduate students and our parents are aging and we may use it for them later down
the road.
Mr. Holden noted that their immediate neighbor is a Cornell property with three rental units and
the neighbor to our back is a property with two units on it which is not owner occupied and he
added that he works from home so this would be an owner-occupied type of situation.
ZBA 2020-04-15 Pg. 2
Mr. Holden stated that they purposely developed plans to keep the historic look of the barn with
minimal changes to the outside and the request is slightly larger than what is allowed to allow for
two bedrooms given the amount of space available.
Board Discussion
Mr. King stated that this appeal is very similar to the one a few months ago that we approved and
he thought it was important to try and preserve the existing structure due to its age and historical
look and he thought the project fits in with the neighborhood character given the other ADU’s
nearby and that they are not changing the outside of the barn beyond adding the covered porch.
Ms. Jung said she agreed, and although this request is larger than the previous one, she thought it
was tastefully done and will fit into the neighborhood.
Mr. Vignaux said he had no issues with the plans as shown and agreed with the previous comments.
Mr. Squires said he is happy to see the historic nature of the barn kept and thought it fit the
neighborhood well.
Mr. Rosen agreed with the other members.
Mr. Rosen opened the public hearing at 6:19
Mr. Kral addressed the board, saying that he is a neighbor and he has talked to the applicants and
is in favor of the project. He added that he was the applicant in the previous appeal being
referenced regarding and ADU and it was approved. He added that he especially appreciated the
preservation of the barn and felt the use and the proposed renovation was keeping with the
neighborhood character.
Mr. Mosely stated for the record that he received three emails from other neighbors in support of
the project.
There was no one else wishing to address the Board and the hearing was closed at 6:21 p.m.
Determination
Ms. Brock noted that no SEQR is required as it is Type 2 Construction or expansion of a single
family residence and granting of an area variance for a single family residence.
Some discussion followed regarding the location of the barn in the front yard. The history of the
property is that the current front yard used to be the back yard. The house used to front on Forest
Home Drive and then over the years, the house was renovated to have the front door face on The
Byway which turned the portion of the yard the barn sits on into the front yard, so it was an existing
nonconformity.
ZBA 2020-04-15 Pg. 3
ZBA Resolution 0004-2020 Area Variances
11 The Byway, TP 66.-1-7
MDR and Forest Home Historic District
April 15, 2020
Resolved that this Board grants the request of Jeffery Holden and Mary Gardner, owners, 11 The
Byway, TP 66.-1-7, MDR and Forest Home Historic District, requesting a variance from Town of
Ithaca Code sections, 270-71 E(1) (Yard regulations), 270-205A (Nonconforming structures), and
270-219.6 B(1) (Requirements applicable to detached accessory dwelling units), for the proposed
conversion of part of an existing barn into an accessory dwelling unit.
With the following:
Findings
That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the
community, specifically
1. That the benefit cannot be achieved by any other means feasible given the barn is currently
located in the front yard and cannot be moved and provides the space needed to renovate
and add an accessory dwelling unit, and
2. That there will not be any undesirable change in the neighborhood character or be
detrimental to nearby properties given that there are similar rental situations adjacent to the
property and nearby, and the neighborhood is in the Forest Home Historic District and the
barn is historical and will be preserved and changes to the exterior of the barn are limited
to the addition of a small screened in porch for the rental unit, and the current streetscape
is not being changed, and
3. That the request is substantial, given that the encroachment into the side yard setback will
be approximately 12’ feet where 30’ feet is required; the square footage increase is not
substantial, given that 800 sqft is the maximum and the proposed is 880 sqft and the
increase to the existing non conformity consists of the addition of the porch, and the
location is substantial, given that the barn and therefore unit will be located in the front
yard where they are only allowed in the backyard, but the barn is existing and historically
that portion of the yard was the backyard when the residence and barn was first built, and
4. That the request will not have any adverse physical or environmental effects as evidenced
by no SEQR review being required, and
5. That the alleged difficulty is self-created in that the applicants wish to create an accessory
dwelling unit
Conditions
1. That the project be built substantially as shown and submitted to this Board.
ZBA 2020-04-15 Pg. 4
Moved by Rob Rosen, seconded by Chris Jung
Vote: ayes – Rosen, Chung, Vignaux, Squires and King
Appeal 0005-2020 Peter Trowbridge, Owner, 1345 Mecklenburg Rd, TP 28.-1-23.1, LDR,
requesting a variance from the Town of Ithaca Code section 270-56 C. (Permitted accessory
buildings and uses) to be permitted to build a new 5,472 sqft accessory structure, which when
combined with an existing 1,480 sqft accessory structure, would be a total of 6,952 sqft where
2,000 sqft maximum is allowed.
Mr. Trowbridge and Mr. Georgia were present and gave an overview of the project.
Mr. Trowbridge stated that he had recently received a variance to build an accessory dwelling unit
on his property but since then, they have decided that that is not practicable, and although that isn’t
the appeal tonight, he thought he would mention it because in terms of considering the overall
acreage and lot usage, they are not likely to do that project.
Mr. Trowbridge stated that they are asking for the construction of a poly-house or high tunnel,
house with an attached hen house. The building and its location are an as-of-right use in the low
density residential zones and consistent with the County Ag District 2 in spirit and it is for a
horticultural business. The building will fit all setback requirements; it is in the rear yard and more
than 40’ feet of the side yard setbacks and is on a slightly less than 10 acre parcel. He said we are
allowed 3 accessory buildings, and this will be the second accessory building, and the only
variance needed if for aggregate total of size of accessory buildings.
Ryan Georgia gave other details, saying that he and his fiancé will be living on the property this
summer and it makes sense to move the nursery business here also. Native Exotics has been in
business for 7 years and is strictly on-line. There will be occasional delivery trucks, but they are
very infrequent. He said the site chosen cannot be seen from the road and the architectural structure
itself will meet the existing house in color and design.
Mr. Georgia stated that their abutting neighbor is EcoVillage and what we are proposing here is
consistent with what is on that property. There will also be no additional curb cut and the existing
polyhouse is for our own residential use while the new structure will be for the business only.
Mr. Rosen asked Mr. Georgia to clarify that the structure is not for habitable space and Mr. Georgia
agreed, saying that they are moving to the house attached to Mr. Trowbridge’s residence and no
one will be living in the poly structure. It is essentially a greenhouse in layman terms.
Mr. Rosen asked how many acres the parcel is and since the survey looks like there is a 1-acre
piece taken out of it.
Mr. Trowbridge explained that they purchased that 1-acre piece to regularize the lot and the total
is just under 10 acres. He added that the consolidation isn’t shown on this survey.
ZBA 2020-04-15 Pg. 5
Mr. Rosen stated that if this appeal is granted, the total aggregate size of the two accessory
buildings on the lot is roughly proportional to the total that would be allowed on 3-acres.
Mr. Rosen asked other board members to comment.
Mr. Squires stated that in looking at the site, the EcoVillage has similar structures and this parcel
is mostly agricultural so his only question is regarding public sales where there would be a lot of
traffic. He also asked if the town had received any comments from neighbors.
Mr. Mosely and Ms. Rosa stated that no comments have been received.
Mr. Trowbridge added that he does not think anyone living in the area could see the proposed
structure.
Mr. King asked if he understood correctly that the applicant is not going ahead with the ADU?
Mr. Trowbridge stated that that is correct.
Mr. King said his only concern would be the possibility of noise associated with this structure and
he asked about power equipment or tractors associated with the business and Mr. Georgia
responded that there is no power equipment or tractors etc. being used at the site.
Mr. King said that he goes by the area a lot when he is running in the woods and it is certainly
shielded from everywhere else except the adjacent land and he felt that as long as it wasn’t a noisy
use, he was fine with the proposal. He added that he thought the whole area was agricultural before
and it is a very large lot, so this is a reasonable thing to do here.
Ms. Jung said that she thought this is an agricultural area and this is a small business that is
appropriate for the area and should be supported and makes sense in this location.
Mr. Vignaux said that he has no problem with the request and although they could decide to go to
public with onsite retail sales at some point, he was fine with that also.
Mr. Rosen opened the public hearing at 6:41 p.m. There was no one present at the ZOOM
conference and the Clerk had not received any emails or calls at Town Hall and the hearing was
closed. Ms. Rosa also stated the same for the previous public hearing.
Ms. Brock noted for the record that SEQR Type 2 – Consideration agricultural farm management
practices, including construction of farm buildings and structures.
Mr. Rosen noted that Mr. Trowbridge does have time to act on his variance for the ADU but he
felt the two variances are totally separate and one doesn’t influence the other.
ZBA Resolution 0005-2020 Area Variance
1345 Mecklenburg Rd, TP 28.-1-23.1 LDR
ZBA 2020-04-15 Pg. 6
April 15, 2020
Resolved that this Board grant the appeal of Peter Trowbridge, Owner, 1345 Mecklenburg Rd, TP
28.-1-23.1, LDR, requesting a variance from the Town of Ithaca Code section 270-56 C. (Permitted
accessory buildings and uses) to be permitted to build a new 5,472 sqft accessory structure, which
when combined with an existing 1,480 sqft accessory structure, would be a total of 6,952 sqft
where 2,000 sqft maximum is allowed, with the following;
Condition
1. That the structure be built substantially as shown, and with the following:
Findings
That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the
community, specifically:
1. That the benefit cannot be achieved by any other means feasible, given that the request is
for a greenhouse type structure large enough to accommodate a current agricultural
business, and
2. That there will not be an undesirable change in the neighborhood character or detriment to
nearby properties given that the structure will not be visible from the public roadway; the
structure is sited in the back portion of a very large lot which is more than 10 times the
minimum lot size for the LDR zone where a 10% maximum building area lot coverage is
allowed and this will be a 2% building area lot coverage; the maximum aggregate square
footage of accessory buildings is 2,000 square feet per 3-acre lot and this lot is more than
3 times the size needed for 2,000 square feet in the aggregate, so the increase in aggregate
square feet is proportional to the increase in lot size, and
3. That the request is substantial in that the maximum aggregate square footage is 2,000
square feet and the request is for approximately 6, 950 sqft total between the existing
accessory building and the proposed building, but this is mitigated by the size of the lot in
comparison with the aggregate allowed on a 3 acre lot as stated above, and
4. That there will not be any adverse physical or environmental effects as evidenced by the
fact that SEQR is not required, and
5. That the alleged difficulty is self-created in that the applicant wants a larger than allowed
total square footage of accessory buildings.
Moved by Rob Rosen, seconded by Bill King
Vote: ayes – Rosen, King, Jung, Vignaux and Squires
Other Business
Mr. Mosely noted that there are no appeals for the May meeting, therefore the meeting is canceled.
Meeting was adjourned at 6:52 p.m.
Submitt9d;^y
Paulette iTosa, Town Clerk
ZBA 2020-04-15 Pg.7
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
1, Paulette Rosa, being duly sworn, say that I am the 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:
□ NOTICE OF PUBLIC HEARINGS
11 The Byway
and
1345 Mecklenburg Rd
Location of Sign Board Used for Posting: N/A Office Closed COVID-
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Date of Posting: Web April 8, 2020
Date of Publication: April 8, 2020
Paulette Rosa
Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS;
TOWN OF ITHACA)
Sworn to and subscribed before me this
April , 2020
.10'*^ _ day of
Notary Public
JUDITH C. DRAKE
Notary Publ'C State o1 New York• _ No. 0tDR6G64358
Qualificc in TompR'ni CoufityCommission Expires December 2,20 aL^
Public Notices
Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Wednesday, April 15, 2020 9 6:00 p.m.
215 N Tioga St.
0004-2020 Appeal of Jeffery Holden and Mary Gardner,owners of 11 The Byway, Tax Parcel No. 66.-1-7, are seeking relief from Town of Ithaca Code sections, 270-71.E(1)(Yard regulations), 270-205A (Nonconforming structures),and 270-219.6 B.O) (Requirements applicable to all accessory dwelling units), for a proposal to convert part of anexisting barn to an accessory dwelling unit. Town of Itha
ca Code section 270-71 E(1) requires a building occupiedby a detached accessory dwelling unit to have a minimum
of a 30 foot side lot line setback and be located in the
rear of the lot, where the applicant is proposing to pro
vide a side lot line setback of approximately 1 feet 2 in
ches to the existing structure, provide a side lot line set
back of 14 feet 2 Inches measured to the proposed covered porch on the south side of the existing structure,
and maintain the existing building placement In the frontyard. Town of Ithaca Code section 270-219.6.8(1) requires
that the accessory dwelling unit be no larger than 70% of
the floor area of the principal dwelling unit or 800 square
feet (whichever Is less), where the applicant is proposing
to have an accessory dwelling unit of approximately 881square feet. Towr) of Ithaca Code section 270-205A re
quires that an existing non-conforming structure cannot
be enlarged or altered to increase the non-conformity,
where the applicant Is proposing to add an approximate
12 square foot (with an attached stair) covered porch on
the south side of the existing structure. The proposed ad
dition does not increase the encroachment measured to
the side yard property line, but does increase the size andvolume of the building by an approximate 12 square feet.The current property Is locatea in the Medium Density
Residential District and the Forest Home Historic District.
0005-2020 Appeal of Pater Trowbridge, owner of 1345Mecklenburg Road, Tax Parcel No.28.-1-23.1, Is requesting
relief from the Town of Ithaca Code section 270-56 C.
(Permitted accessory buildings and uses). Town of Ithaca
Code section 270-56 C. allows for up to three accessory
buildings not to exceed 2,000 square feet In the aggre
gate, when the lot is three acres or larger. The applicant
Is requesting to have two accessory buildings (one exist
ing accessory structure and one newly proposed accessory
structure), which would have a combined total of approx
imately 6,952 square feet In total and would exceed the
specified limits of Ithaca Code section 270-56 C. The prop^
erty is located In the Low-Density Residential Zone.
Due to public health and safety concerns related to
COVID-19, the Zoning Board of Appeals will not be meet
ing in-person. In accordance with the Governor's Execu
tive Order 202.1, this meeting will be held by video
conferencing through the Zoom App. The meeting can be
accessed by going to www.zoom.us - Join Meeting -
Meeting ID 944-393-1973. You can also call in to the
Zoom meeting at -t-1 (929 436 2866). Zoom will allow for
comments from the public during the public hearing por
tion of the Zoom meeting. Comments can also be submit
ted via email to the Town Clerk or by United States Postal
Mail and will be read into the record. Email prosa@town.i
thaca.ny.us with any comments or questions.
Marty Moseley, Director of Code Enforcement
4/8/202O
You are receiving this notice because you live within 500 feet of a property requesting a
variance from the Town Code. Comments can be made during the meeting, or in writing
via mail to 215 N. Tioga St., or via email to ctorres@town.ithaca.ny.us
All comments become part of the official record.
Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Tuesday, April 15, 2020 at 6:00 p.m.
215 N Tioga St.
Due to public health and safety concerns related to COVID-19, the Zoning Board of
Appeals will not be meeting in-person. In accordance with the Governor’s Executive Order
202.1, this meeting will be held by video conferencing through the Zoom App. The public
will have an opportunity to see and hear the meeting live and provide comments.
INSTRUCTIONS TO ACCESS THE VIRTUAL MEETING: If you have a computer, tablet
or smartphone, you can access the Zoom meeting by going to www.zoom.us and clicking on
“Join a Meeting”, and entering 944-393-1973 into the Meeting ID. You can also call in to the
Zoom meeting at +1 (929 436 2866).
0004-2020 Appeal of Jeffery Holden and Mary Gardner, owners of 11 The Byway, Tax
Parcel No. 66.-1-7, are seeking relief from Town of Ithaca Code sections, 270-71.E(1) (Yard
regulations), 270-205A (Nonconforming structures), and 270-219.6 B.(1) (Requirements
applicable to all accessory dwelling units), for a proposal to convert part of an existing barn to
an accessory dwelling unit. Town of Ithaca Code section 270-71 E(1) requires a building
occupied by a detached accessory dwelling unit to have a minimum of a 30 foot side lot line
setback and be located in the rear of the lot, where the applicant is proposing to provide a side
lot line setback of approximately 1 feet 2 inches to the existing structure, provide a side lot line
setback of 14 feet 2 inches measured to the proposed covered porch on the south side of the
existing structure, and maintain the existing building placement in the front yard.
Town of Ithaca Code section 270-219.6.B(1) requires that the accessory dwelling unit be no
larger than 70% of the floor area of the principal dwelling unit or 800 square feet (whichever is
less), where the applicant is proposing to have an accessory dwelling unit of approximately 881
square feet. Town of Ithaca Code section 270-205A requires that an existing non-conforming
structure cannot be enlarged or altered to increase the non-conformity, where the applicant is
proposing to add an approximate 12 square foot (with an attached stair) covered porch on the
south side of the existing structure. The proposed addition does not increase the encroachment
measured to the side yard property line, but does increase the size and volume of the building
by an approximate 12 square feet. The current property is located in the Medium Density
Residential District and the Forest Home
Historic District.
Marty Moseley
Director of Code Enforcement
You are receiving this notice because you live within 500 feet of a property requesting a
variance from the Town Code. Comments can be made during the meeting, or in writing
via mail to 215 N. Tioga St., or via email to ctorres@town.ithaca.ny.us
All comments become part of the official record.
Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Tuesday, April 15, 2020 at 6:00 p.m.
215 N Tioga St.
Due to public health and safety concerns related to COVID-19, the Zoning Board of
Appeals will not be meeting in-person. In accordance with the Governor’s Executive Order
202.1, this meeting will be held by video conferencing through the Zoom App. The public
will have an opportunity to see and hear the meeting live and provide comments.
INSTRUCTIONS TO ACCESS THE VIRTUAL MEETING: If you have a computer, tablet
or smartphone, you can access the Zoom meeting by going to www.zoom.us and clicking on
“Join a Meeting”, and entering 944-393-1973 into the Meeting ID. You can also call in to the
Zoom meeting at +1 (929 436 2866).
0005-2020 Appeal of Peter Trowbridge, owner of 1345 Mecklenburg Road, Tax Parcel No.
28.-1-23.1, is requesting relief from the Town of Ithaca Code section 270-56 C. (Permitted
accessory buildings and uses). Town of Ithaca Code section 270-56 C. allows for up to three
accessory buildings not to exceed 2,000 square feet in the aggregate, when the lot is three acres
or larger. The applicant is requesting to have two accessory buildings (one existing accessory
structure and one newly proposed accessory structure), which would have a combined total of
approximately 6,952 square feet in total and would exceed the specified limits o Ithaca Code
section 270-56 C. The property is located in the Low-Density Residential Zone.
Marty Moseley
Director of Code Enforcement