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HomeMy WebLinkAboutZBA Minutes 2021-01-12                               Town of Ithaca Zoning Board of Appeals Tuesday January 12, 2021 @ 6:00pm 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. AGENDA 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 MEETING”, and entering 944-393-1973 into Meeting ID. You can also call in to the Zoom meeting at +1 (929) 436-2866. On the evening of 01/12/2021, at 5 minutes before 6:00pm, join in with your computer, smartphone or telephone. You will be placed on hold until the meeting starts. Questions about accessing the Zoom video conference should be emailed to ctorres@town.ithaca.ny.us or 273- 1783 ext. 2. Marty Moseley Director of Code Enforcement ZBA 2021-01-12 Pg. 1 Town of Ithaca Zoning Board of Appeals January 12, 2021 Meeting held via ZOOM platform due to COVID -19 Executive Orders for Safety Present: Rob Rosen, Chair; Members Christine Jung, George Vignaux, Bill King, David Squires; Alternates David Filiberto and David Williams; Marty Mosely, Codes; Paulette Rosa, Town Clerk; Susan Brock, Attorney for the Town Mr. Rosen called the meeting to order at 6:00 p.m. 0011-2020 Appeal of Richard Cacciotti, owner of 227 Dubois Road, Tax Parcel No. 22.-2-1.4, is seeking relief from Town of Ithaca Code section, 270-60F (Garages) for a proposal to construct a two-story (24’ x 48’) 1,728 square foot garage approximately 17 feet from the northern side yard property boundary line. Town of Ithaca Code section, 270-60F limits a garage to a maximum size of 600 square feet in size and requires a side yard setback (measured to the side yard property boundary line) of 40 feet, where the current proposal is requesting to allow for a two-story garage totaling, approximately, 1,728 square feet to be constructed with a side yard setback of approximately 17 feet, measured from the northern property boundary line. Mr. Cacciotti gave a brief summary saying they built the house three years ago and could not afford to build the garage at that time. What he wants and needs for a garage and woodshop is bigger than what is allowed and there aren’t many places on the property to place the garage on the lot. Mr. Rosen asked Mr. Moseley to clarify why this is before the board because he thought garages were permitted in the front yard. Mr. Moseley referred to the Code and stated that the setback is the issue, not the location or siting as far as yard. The variance is for setbacks and size. Mr. Vignaux asked how close the garage is to the house as submitted and Mr. Cacciotti responded that it is about 35’ feet from the house. Mr. Vignaux asked why not move it a little closer to address the need for a variance and Mr. Cacciotti responded that they looked at that, but it would block the sun light into the house and for functionality for the doors opening from the driveway. Mr. Filiberto asked if the northern neighbor’s house is close to that line and if they are supportive. Mr. Cacciotti said their neighbors own two residences and live in one down further and rent the ZBA 2021-01-12 Pg. 2 one that is next door. They are supportive of the proposed garage and would write a letter if needed. Mr. King asked why, if the plan was to have a garage, why was the house placed where it was instead of accommodating the future garage. Mr. Cacciotti responded that the house was placed there as the best spot for drainage, elevation and topography as well as tree protection and there is also a municipal sewer easement that we had to avoid. As for the other side of the house, there is a garden there and the sewer line cuts more into the middle of the yard on that side and we wanted the garage to connect to the driveway. Mr. King asked why the need for this size. Mr. Cacciotti said he wants this size because it will have two parts, 24 x 24 for typical garage needs like cars, tractors, and yard tools and then also a hobby woodshop that I had with my father. He has since passed away and my mother is selling her house and I want to move the woodshop to my house. Mr. King asked why he could not put the woodshop in the big barn in the back. Mr. Cacciotti responded that although it is big, it is over 150 years old and it is not secured from the elements. He said he wouldn’t feel comfortable putting items in there and keeping them safe from weather and security because there are about 10 doors or access ways to that barn, and it would be difficult to secure. Mr. King asked if he considered moving the garage more to the back yard. Mr. Cacciotti responded that they did not because it isn’t practicable due to the size of the driveway that would be needed to put it back there and the footer and drainage from the house go to the back yard and due to the elevation changes, it gets really wet there really quick. We also want the garage to be one with the driveway and this was the best place for the driveway. Mr. Cacciotti added that this project has been confusing because he thought the setback was 15’ feet for a one-story garage but then in designing this garage, it will match the existing house better with the larger trusses and those trusses make the structure two-story, even though there isn’t usable space on the “second” story. Mr. Mosely added that the southern property also has a stream in it with an associated setback which affected his options for placement of the structure. Mr. Rosen asked why he couldn’t work within the limits the Code has of 600’ sq ft. Mr. Cacciotti said he wants the extra space for his wood shop and a lot of stuff is stirred up with that such as sawdust and the actual space needed for the machinery and tools associated with it. He said he measured the absolute minimum needed for both uses. He said you could not have ZBA 2021-01-12 Pg. 3 both in 600’ sqft. Mr. Rosen said he did not think 24 x 24 is enough space to keep cars and a snow blower, so he could see the point, but we have to be careful about setting a precedent and balancing the needs of the request. Mr. Rosen asked what the footprint of the garage was. Mr. Cacciotti responded that it is 24 x 48 so 1,152 sqft for a footprint and the trusses are what are causing the problem, but it will fit in with the house more with those. He reiterated that it is not habitable or usable space, really just aesthetics and to store boards between the trusses. Mr. Vignaux stated that his garage is within Code and he fits a truck, a car, a riding mower and bikes in there, he just has to shuffle things to get what he wants out. Ms. Jung stated that she has a 625 sqft garage and it holds two cars a little bench and a laundry area and in her area of the Northeast, hers is one of the larger garages. She didn’t think calling a 600 sqft garage itty bitty was correct. Mr. Filiberto said that there are difficulties placing the garage somewhere else on the property due to topography, easements and the stream and it will be a nice addition and there have been no complaints about it. He was fine with the proposal. Mr. Rosen asked if there had been any comments on the appeal. Mr. Mosely said he received one anonymous comment stating they had no objections. The notice goes to everyone within 500 feet of the property. Some discussion followed on anonymous comments. It was made clear that legally, the town cannot require a name or location of a commenter. It was noted that neighbors are the ones that got the notice and would be most inclined to comment. Public Hearing Mr. Rosen opened the public hearing at 6:39 p.m. There was no one present wishing to address the Board and Ms. Rosa stated for the record that no one had reached out via email or phone during the proceeding to this point. The public hearing was closed. SEQR Ms. Brock stated that this is Type 2 and exempt because it is construction or placement of a minor residential accessory structure, including garages. Determination Mr. Rosen turned back to the Board for discussion. Mr. Squires said he did a site visit/drive by and thought the impact would be minimal because the property to the north is congested and one more won't matter. Mr. Rosen agreed, saying the neighborhood seems mixed, with a motorboat shop, landscaping company with accessory shops and structures and homes scattered nearby. The Board discussed each of the balancing criteria and the issue was the size of the proposed garage, which is a want, not a need, and is based on wanting to combine typical garage uses with a full woodshop. The Board felt the variance was so large that other options should be considered as they are available, such as the historical barn. Mr. Cacciotti stated that the barn is not sound, has no utilities to it, and to bring it up to usable would be incredibly expensive and change the character of the barn. He likes it as is as a historical structure. He added that if you stand at his property, the location as submitted is the most natural spot for a garage and the proposed size complements the house. He reiterated that there are severe topography and easement issues restricting other options. The Board and applicant discussed the second story and options for lowering the roof which would decrease the square footage. Mr. Cacciotti requested the appeal be adjourned to allow him to think about the Boards comments and possible changes that could be made to the plans. Mr. Vignaux moved to adjourn the appeal for up to 12 months, seconded by Mr. Rosen, unanimous. Other Business Next meeting Mr. Moseley reviewed upcoming appeals. Vice-Chair election Mr. Squires volunteered to serve as Vice Chair; motion made by Mr. Rose, seconded by Mr. King, unanimous. Meeting was adjourned at 7:28 p.m. Submit Paulette Rosa, Town Clerk ZBA 2021-01-12 Pg.4 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, January 12, 2021 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). 0011-2020 Appeal of Richard Cacciotti, owner of 227 Dubois Road, Tax Parcel No.22.-2-1.4, is seeking relief from Town of Ithaca Code section, 270-60F (Garages) for a proposal to construct a two-story (24’ x 48’) 1,728 square foot garage approximately 17 feet from the northern side yard property boundary line. Town of Ithaca Code section, 270-60F limits a garage to a maximum size of 600 square feet in size and requires a side yard setback (measured to the side yard property boundary line) of 40 feet, where the current proposal is requesting to allow for a two-story garage totaling, approximately, 1,728 square feet to be constructed with a side yard setback of approximately 17 feet, measured from the northern property boundary line. The current property is located in the Low-Density Residential Zone. Marty Moseley Director of Code Enforcement 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 S'** day of January 2021, deponent served the within Notice upon the property owners within 500 ft. of the property identified below, for an appeal for a property located at: 227 Dubois Rd. 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 January 5th, 2021 and the notice has been duly published in the official newspaper, Ithaca Journal on January 4, 2021. p..kT°7." 'thacaPublic Hearing Notice Christopher Torres, Administrative Assistant Sworn to before me on Notary Public — ECKY L. JORDAN NOTARY PUBLIC-STATE OF NEW YORK No. 01JO6186381 Qualified In Tompkins County , Hv CommlMlon Expires April 28, bois Road, Tax Pa'rc°el of 227 c [ dent.al Zone. ^ '°cated ,n the Low-Densitv Ro Marty Moseley Doctor of Cod, Enforcmen,