HomeMy WebLinkAboutZBA Minutes 2020-10-13Town of Ithaca
Public Hearing Notice
Zoning Board of Appeals
Tuesday, October 13, 2020 @ 6:00 SP.
215 N Tioga St.
0008-2020 Appeal of Gerhard E. Vrabel, agent for the owner of 211 King Road West, Tax
Parcel No. 37.-1-8, is seeking relief from Town of Ithaca Code sections, 270-205 (A) and (B)
(Nonconforming structures), 270-211(A)1 (Restoration), and sections 270-60E.(2) (Yard
regulations), for a proposal to replace an existing non-conforming accessory structure on a parcel,
with a larger accessory structure.
Town of Ithaca Code section 270-205 (A) specifies that a non-conforming building cannot be
enlarged or altered to increase its non-conformity, and Town of Ithaca Code 270-205 (B) specifies
that if a structure is destroyed by any means (in whole or in part) it may only be reconstructed in
accordance with section 270-11 of Town of Ithaca Code. Town of Ithaca Code section
270-211(A)1 requires that the restoration of a building be located on and no larger than the
existing footprint prior to the destruction of the building, where the applicant is proposing to
increase the size of the structure by 96 square feet and is proposing to have an accessory building
on a lot that is approximately 12 feet wide by 24 feet long (288 square feet).
Town of Ithaca Code section 270-60E (2) requires accessory buildings to be located in the rear
yard, where the applicant is proposing to construct an accessory building not located in the rear
yard.
The current property is located in the Low Density Residential District.
'XHWRSXEOLFKHDOWKDQGVDIHW\FRQFHUQVUHODWHGWR&29,' WKH=RQLQJ%RDUGRI$SSHDOVZLOO
QRWEHPHHWLQJLQSHUVRQ,QDFFRUGDQFHZLWKWKH*RYHUQRU¶V([HFXWLYH2UGHU7KHPHHWLQJ
ZLOOEHKHOGE\YLGHRFRQIHUHQFLQJWKURXJKWKH=RRP$SS7KHPHHWLQJFDQEHDFFHVVHGDQG\RX
FDQSURYLGHFRPPHQWVGXULQJWKHSXEOLFKHDULQJE\JRLQJWRZZZ]RRPXV-RLQ0HHWLQJ
0HHWLQJ,' <RXFDQDOVRFDOOLQWRWKH=RRPPHHWLQJE\WHOHSKRQHDW
WROLVWHQWRWKHPHHWLQJDQGSURYLGHFRPPHQWVGXULQJWKHSXEOLFKHDULQJ<RX FDQDOVR
SURYLGHFRPPHQWVYLDHPDLOEHIRUHDQGGXULQJWKHPHHWLQJWR7RZQ&OHUN3DXOHWWH5RVD DW
FOHUN#WRZQLWKDFDQ\XV)RUPRUHLQIRUPDWLRQRQKRZWRDFFHVVWKHPHHWLQJDQGSURMHFW
DSSOLFDWLRQPHHWLQJPDWHULDOVRUKRZWRVXEPLWDFRPPHQWEHIRUHRUGXULQJWKHPHHWLQJSOHDVH
YLVLWWKH7RZQRI,WKDFD¶VZHEVLWHDQGFOLFNRQ0HHWLQJ$JHQGDV,IWKHUHDUHDQ\TXHVWLRQV
SHUWDLQLQJWRWKLVSXEOLFKHDULQJFRQWDFW0DUW\0RVHOH\DWPPRVHOH\#WRZQLWKDFDQ\XVRU
RSWLRQ
Marty Moseley
Director of Code Enforcement
ZBA 2020‐10‐13 (Filed 10/16/2020) Pg. 1
Town of Ithaca
Zoning Board of Appeals
October 13, 2020
Minutes
Due to the extension(s) of Gov. Cuomo’s Executive Order(s) suspending certain
requirements of the Open Meetings Law for health and safety reasons, the meeting was
held via the ZOOM audio/visual platform.
Present: Rob Rosen, Chair; Members Bill King, Chris Jung, George Vignaux, and David Squires
Absent: David Williams and David Filiberto
Marty Mosely, Director of Codes; Paulette Rosa, Town Clerk and Susan Brock, Attorney for the
Town
Mr. Rosen called the meeting to order at 6:03 p.m.
0008-2020 Appeal of Gerhard E. Vrabel, Agent, 211 King Road W, TP 37.-1-8, LDR, seeking
relief from Town of Ithaca Code sections, 270-205 (A) and (B) (Nonconforming structures),
270-211(A)1 (Restoration), and sections 270-60E.(2) (Yard regulations), for a proposal to
replace an existing non-conforming accessory structure with a larger accessory structure.
Town of Ithaca Code section 270-205 (A) specifies that a non-conforming building cannot be
enlarged or altered to increase its non-conformity, and Town of Ithaca Code 270-205 (B)
specifies that if a structure is destroyed by any means (in whole or in part) it may only be
reconstructed in accordance with section 270-11 of Town of Ithaca Code. Town of Ithaca Code
section 270-211(A)1 requires that the restoration of a building be located on and no larger than
the existing footprint prior to the destruction of the building, where the applicant is proposing to
increase the size of the structure by 96 square feet and is proposing to have an accessory building
on a lot that is approximately 12 feet wide by 24 feet long (288 square feet).
Town of Ithaca Code section 270-60E (2) requires accessory buildings to be located in the rear
yard, where the applicant is proposing to construct an accessory building not located in the rear
yard.
Discussion
Mr. Vrabel explained that the property is in his family and may soon be deeded to them, but right
now they share it and its access via our driveway. The shed needs to be replaced and upgraded
and access remain via the paved access drive. He noted that when they did a survey, they found
that the driveway straddles the properties and when it is deeded or consolidated in some way,
that will be rectified.
ZBA 2020‐10‐13 (Filed 10/16/2020) Pg. 2
The Board had no issue with the proposal and in discussing the possible consolidation of the
properties in the future, the Board had no issue with the structure remaining and being in what
may become the front yard of a future combined parcel.
The Board thought the impact was minimal, even given the larger size, and the current shed has
been there for many years, in fact, prior to zoning. It is currently a legally non-conforming
structure being a structure on the lot without a primary residence.
Public Hearing
Mr. Rosen opened the public hearing at 6:02 p.m.; there was no one present wishing to address
the Board and Ms. Rosa noted for the record that no one had entered the Zoom meeting or
contacted her via email or phone regarding the appeal. The hearing was closed.
Determination
ZBA Resolution 0008-2020 Area Variance(s)
211 King Road W, TP 37.-1-8, LDR
Resolved that this board grants the appeal of Gerhard E. Vrabel, Agent, 211 King Road W, TP
37.-1-8, LDR, seeking relief from Town of Ithaca Code sections, 270-205 (A) and (B)
(Nonconforming structures), 270-211(A)1 (Restoration), and sections 270-60E.(2) (Yard
regulations), for a proposal to replace an existing non-conforming accessory structure with a
larger accessory structure and for the accessory building to not be located in the back yard if or
when the two parcels are consolidated, and be permitted to be in what will become the front
yard; with the following:
Conditions
1. Built substantially as shown in the submitted drawings, and with the following
Findings
That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of
the community, specifically that:
1. The benefit that the applicant wishes to achieve cannot be achieved by any other means
feasible given that access is needed from the paved portion of the driveway and the
current location is a legally existing, non-conforming placement, and
2. That there will not be an undesirable change in the neighborhood character or to nearby
properties given that there has been a shed there for many years, before zoning, and
although larger, a shed in that location has been part of the community character for
many years and the impact is mitigated by the structure being approximately 85’ feet
from the road where 30’ feet is the setback requirement in the low density residential
zone; and
3. That the request is substantial given that the location is not permitted under current Code,
when or if the parcels are combined, and the proposed shed is larger than the current
shed; and
4. The request will not have adverse physical or environmental effects as evidenced by no
SEQR being required; and
5. That while the alleged difficulty is self-created in that the applicant wishes to have a
larger shed, the benefit to the applicant does outweigh any detriment to the health, safety
and welfare of the community.
V
Moved by Rob Rosen, seconded by George Vignaux
Vote: ayes - Rosen, Vignaux, King, Jung and Squires Unanimous
Meeting was adjourned upon a motion and a second at 6:30 p.m.
Submitt
Paulette Rosa, Town Clerk
ZBA 2020-10-13 (Filed 10/16/2020) Pg. 3
TOWN OF ITHACA
215 N. Tioga Street, Ithaca, N.Y. 14850
www.town.ithaca.ny.us
AFFIDAVIT OF SERVICE BY MAIL AND POSTING & PUBLICATION
STATE OF NEW YORK ) SS.:
COUNTY OF TOMPKINS )
I, Christopher Torres, being duly sworn, depose and state, 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^ day of October 2020, deponent served the within Notice upon the property
owners listed on the attached document, for an appeal for a property located at:
211 King Rd W.
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, and that the
attached notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca on
October 5, 2020 and the notice has been duly published in the officialjiewspaper, Ithaca Journal on
October 5,2020. ■■'-i;; iTown of .-Ithaca j •' •' ■ - ■ P
Christopher Torres, Administrative Assistant
Sworn to before me on , 2020.
f^a(jZA
Notary Public
iECKY L. JORDAN
NOTARY PUBLiC-STATE OF NEW YORK
Nc. 01J061 86361
Ouallfled In Tompkins Countyf-/iy Commission Expires April 26. 20 3^
ublic Hearing Notice • — - * 'Zoning Board of Appeals
Tuesday, October 13. 2020 <d 6:00 p.m.
215 N Tioga St.
0008-2020 Appeal of Gerhard E. Vrabei, agent for the
owner of 211 King Road West. Tax Parcel No. 37.-1-8. is
seeking relief from Town of Ithaca,Code sections,' 270^205(A) and (B) (Noriconformlng' structures),'270-211(A)1 (Restoration)., and .sections,'270-60E:(2), (Yard regulations), for
a proposal to replace an existing-non-conformmg accessory ^ructure on'a parcel, with a larger accessory stru'c-
ture.- , . , .-uv ; i 'iTown'o'f Ithaca Code section 270-205 (A) specifies that anon-conforming building cannot be enlarged or ,alteredto incfe'ase its noh^co'nforrhityV and Town" of Ithaca'Code'270-205. (B) specifies that if a.structure iS'destroyed by anymeans (in whole or in part) it'may only be reconstructed
in accordance witK section 270-1'T;of Towri <>f'Ithaca.Code. Town of Jthaca, Code'section 270-211(A)1 requires
that the-restoratibn of a building 'be' Ibcated'on and hblargdr than the|existlhg footprint prior to the;destructiop'of .the-building,'where the applicant Is proposing .tb 'ih-;
crease the size .of.Ithe-structure'by 96 square feet'and'.isproposing to,Jiave an accessory building) on a lot,.thatr,]sapproximately 112 feet'wide'by 24 feeflong (288.square'feet). , . ... v'l.r'Town of Ithaca Code section 270-60E (2) requires accessory buildings to be located in the rear yard, where the 'apx-
plicant is proposing to construct an accessory building notlocated in the rear yard. .
.The current'prpp'erty is located in 'the Low Density'Resi
dential District. ,Due to public health and safety ,'concerns related to
COViD-19,-the Zbr!ihg"'Bo'ard.'bf Appeals'will not be meeting ih-^person.'j.lh accordahcevwith:.'the-X3ovemor-'s Execu-.'
tlve Order 202.1. The meeting will be held by videoconferencing through the Zoom App. The meeting can beaccessed and you can .provide'commen-U during the pub-'
li«rHea"ring~t>y"qoinJ't^ wwvv^borhlus"'"'- Join Meetingi^Kleeting—ID' 944-393-1973.'-iYbu- 'ca'n-'alsb'^'^call-'in' to- thi'
Zoom meeting by telephone at -4-1 (929 436 2866) to-Iis-ten to the. meeting and provide comments during th<Eublic hearing. You can also provide comments via emaiefore and ciuring the meeting to Town Cierk Pauletti
.Rosa at_,clerk@town.ithaca.ny.u5... For'rhore informatlor'oni''.. vhovy*-to access the'.--meeting'•"/and •"•.'pfojec'applicatibrVrneeting 'fnaterfals. [or. how to sub'rhit 'ai commeht.before,'or dudng the meeting,'/please .visit the -Towi.of lthaca's\.website'-and..click, on Meeting Agendas. Ithere are any questions pertaining to this public hearing
contact Marty Moseley at mmoseIey9town.itha'ca.'hy.u<
or 273-1721 option #2.
Marty Moseley
_Director bf 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 ctorresj^a town.ithaca.ny.us
All comments become part of the official record.
Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Tuesday, October 13, 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 smart-phone, 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).
0008-2020 Appeal of Gerhard E. Vrabel, agent for the owner of 211 King Road West, Tax
Parcel No. 37.-1-8, is seeking relief from Town of Ithaca Code sections, 270-205 (A) and (B)
(Nonconforming structures), 270-211(A)1 (Restoration), and sections 270-60E.(2) (Yard
regulations), for a proposal to replace an existing non-conforming accessory structure on a
parcel, with a larger accessory structure. Town of Ithaca Code section 270-205 (A) specifies
that a non-conforming building cannot be enlarged or altered to increase its non-conformity,
and Town of Ithaca Code 270-205 (B) specifies that if a structure is destroyed by any means (in
whole or in part) it may only be reconstructed in accordance with section 270-11 of Town of
Ithaca Code. Town of Ithaca Code section 270-211(A)1 requires that the restoration of a
building be located on and no larger than the existing footprint prior to the destruction of the
building, where the applicant is proposing to increase the size of the structure by 96 square feet
and is proposing to have an accessory building on a lot that is approximately 12 feet wide by 24
feet long (288 square feet). Town of Ithaca Code section 270-60E (2) requires accessory
buildings to be located in the rear yard, where the applicant is proposing to construct an
accessory building not located in the rear yard. The current property is located in the Low
Density Residential District.
Marty Moseley
Director of Code Enforcement