HomeMy WebLinkAboutZBA Minutes 2021-03-09ZBA 2021‐03‐09 Pg. 1
ZONING BOARD OF APPEALS
March 09, 2021
MINUTES
Meeting held via ZOOM platform due to COVID -19 Executive Orders for Health & Safety
Present: Mr. Rosen Rosen, Chair; Members Christine Jung, Mr. Vignaux Vignaux, Mr. King
King, Mr. 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.
0001-2021 Appeal of Mr. Segal, part owner of 131 Christopher Circle, TP 71.-1-13, MDR,
seeking an area variance from Town of Ithaca Code Section, 270-219 (B) 1 (Accessory
dwelling units) to construct a one story 1,300 square foot accessory dwelling unit, (which
includes a covered porch and a breezeway area connected to the existing single-family
dwelling) where 800 square feet or 70% of the floor area of the principal dwelling unit,
whichever is less, is allowed.
Mr. Segal gave a brief summary stating that his family wishes to build an accessory dwelling unit
for themselves, at this point, and the design is to have it attached to the house by a breezeway and
they want it to have a small porch. He stated that the issue is with the placement of the required
fire separation which is the garage of the primary house and that then makes the breezeway and
porch be included in the calculation of the size of the accessory dwelling unit rather than the
primary residence and hence the need for a variance.
Mr. Moseley explained the fire separation requirements between dwelling units.
Mr. Squires suggested a condition to leave the breezeway and porch unenclosed in perpetuity to
ensure additional living space is not being made which circumvents the local law restricting the
size of the accessory unit, which in this case would meet or be closer to the maximum if the porch
and breezeway were not included in the calculation.
Discussion followed on the Town Code and the intent of the requirements for size and setbacks of
accessory dwelling units and the fact that the Town is reviewing the law to close an apparent
oversight which allows placement other than the rear yard if an accessory unit is attached to the
house by such things as a breezeway rather than the original intent of attachment such as in an
addition to the primary residence.
Members noted that there is no screen or knee-high enclosure to the proposed porch, it is simply a
ground level, open, covered porch. No railing is needed because it is ground level.
Mr. Segal stated that he is fine with the condition of never enclosing the breezeway or porch.
Mr. Rosen opened the public hearing at 6:19 p.m.
ZBA 2021‐03‐09 Pg. 2
Ms. Rogers spoke asking for a diagram of the proposal. Mr. Moseley sent her the link to the
application on the Town website.
There was no one else wishing to address the Board, and Ms. Rosa stated for the record that no
emails or calls had been received up to closing of the public hearing. Mr. Rosen closed the hearing
at 6:27 p.m.
Ms. Brock stated that SEQR is not required, being Type 2, single or two- family residence, as
stated in the memo from the Codes Department.
Mr. Rosen began to draft the resolution and asked Mr. Segal to describe the breezeway and porch.
Mr. Segal stated for the record that the intention is to leave it open; the floor is pavers with four
columns supporting the roof, so it would be covered but not enclosed, with no HVAC and no
railing because it is not above grade. It is intended for a few chairs or porch rockers.
ZBA Resolution 0001-2021 Area Variance
131 Christopher Circle
TP 71.-1-13, MDR
Resolved that this Board grants the appeal of Mr. Segal, part owner of 131 Christopher Circle,
granting a variance from Town of Ithaca Code Section, 270-219 (B) 1 (Accessory dwelling units)
to construct a one story 1,300 square foot accessory dwelling unit, (which includes a covered porch
and a breezeway area connected to the existing single-family dwelling) where 800 square feet or
70% of the floor area of the principal dwelling unit, whichever is less, is allowed, with the
following
Conditions:
1. Porch and breezeway be permanently kept as depicted and described, specifically, that
neither will be enclosed by screens, railings, windows or any other structure and be open
to the columns supporting the roof .
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:
1. That the benefit that the applicant wishes to achieve cannot be achieved by any other
means feasible given that the applicant wishes to have an unenclosed porch and
breezeway which when added to the square footage of the accessory dwelling unit,
exceeds the maximum amount allowed, and
ZBA 2021‐03‐09 Pg. 3
2. That there will not be an undesirable change in the neighborhood character or to nearby
properties given that
a. the size of houses in the neighborhood are much larger than the existing primary
dwelling and the addition of this accessory dwelling unit fits in size and scope in the
neighborhood, and
b. the lot is a double lot, further mitigating the impact of the additional structure, and
c. the proposed structure will match the existing primary home in architectural design
and materials, and
d. there is no encroachment to any setback at lot coverage requirements.
3. That the request is substantial given that 800’ sqft or 70% of the footprint of the primary
dwelling unit is allowed and 1,300 is being granted, which is mitigated by the condition
of leaving the breezeway and porch unenclosed, which constitutes approximately the total
square footage that was requested over the maximum allowed, and
4. The request will not have adverse physical or environmental effects as evidenced by no
SEQR review being required, and
5. That while the alleged difficulty is self-created in that the applicant wishes to construct
the accessory dwelling unit with a porch and breezeway, the benefit to the applicant does
outweigh any detriment to the health, safety and welfare of the community for the
reasons stated above and in the Code Department Memo submitted with this application.
Moved: Rob Rosen Seconded: David Squires
Vote: ayes – Rosen, King, Jung, Squires and Vignaux
0002-2021 Appeal of Nicholas Sedorus, applicant for the owner of 1045 Taughannock Blvd.,
Tax Parcel 21.-2-16. Lakefront Residential, seeking relief from Town of Ithaca Code sections
270-46 (C) (Yard regulations) and from 270-205 (A) (Nonconforming structures) for a
proposal to construct a second story addition.
Town of Ithaca Code section 270-46 (C) requires a side yard setback (measured from a side yard
property lot line) of 20 feet and section 270-205 (A) requires that an existing non-conforming
structure cannot be enlarged or altered to increase the non-conformity, where the applicant is
proposing to add a second story addition (with an attached balcony) that includes approximately
90 square feet which would be located within the side yard setback (facing the southern property
lot line). The applicant proposes to maintain the existing southern property side yard setback,
measured from the southern property lot line to the existing dwelling of approximately 14.1 feet.
Gary Bush gave an overview of the project and shared his screen to show photos of the property
as it is now and depictions of the effects of the proposal.
ZBA 2021‐03‐09 Pg. 4
He said it was important to note that the proposal is to build up, not out so it would fit with the
topography as it is and not interrupt the viewscape of the neighbors. It is a small increase of 6’ feet
on the second floor into the setback.
The addition is keeping within the existing architectural design and components of the existing
structure and meets all other Code requirements.
The Board agreed, saying that the photos and depictions show a very limited impact, if any, to the
neighborhood and the style is the same.
Mr. Rosen noted that the Lakefront Residential Zone has historically been irregular and requiring
variances for what would otherwise be routine permits. This project does not seem to impact the
viewshed or the sunlight from the nearest neighbor, and in fact, the nearest neighbor will barely
be able to see the new roofline. The only issue is the 6’feet increase in the side yard setback current
encroachment which increases the existing nonconformance.
Mr. Rosen opened the public hearing at 6:57 p.m. There was no one wishing to address the Board
and Ms. Rosa confirmed she had not received any emails, calls or indications that anyone wished
to speak. The hearing was closed.
Ms. Brock noted that this is Type 2 and no SEQR necessary- single family residence
renovation/addition.
ZBA Resolution 0002-2021 Area Variance
1045 Taughannock Blvd.
TP 21.-2-16, LF
Resolved that this board grants the appeal of Nicholas Sedorus, applicant for the owner of 1045
Taughannock Blvd., TP 21.-2-16 seeking a variance from Town of Ithaca Code sections 270-46
(C) (Yard regulations) and from 270-205 (A) (Nonconforming structures) to construct a second
story addition to the existing structure with the following
Conditions
1. That the addition be constructed substantially as submitted in the application materials
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:
1. That the benefit that the applicant wishes to achieve cannot be achieved by any other
means feasible given that the applicant wishes to build an addition on a preexisting,
nonconforming residence in the Lakefront Residential which historically has many non-
conforming structures and odd lot shapes and sizes which require variances and they wish
to have a lake view from the second story, and
2. That there will not be an undesirable change in the neighborhood character or to nearby
properties given that the
a. addition is shielded almost completely from view of the nearest neighbor and the
public road by the topography of the lot, and
b. the addition is being built on the existing footprint, and
c. the addition is minor in comparison to the overall bulk of the existing structure, and
d. the addition will not impact the neighbor's viewscape or amount of sunlight, and
e. the addition is keeping with the same architectural style and materials of the existing
structure, and
3. That the request is not substantial given that it is only a 6' foot increase in the existing
nonconforming encroachment of one of the side lot setbacks, but vertically, not in
footprint, and
4. The request will not have adverse physical or environmental effects as evidenced by no
SEQR review being required, and
5. That while the alleged difficulty is self-created in that the applicant wishes to construct
the addition, the benefit to the applicant does outweigh any detriment to the health, safety
and welfare of the community for the reasons stated above and in the Code Department
Memo submitted with this application.
Moved: Rob Rosen Seconded: George Vignaux
Vote: ayes - Rosen, King, Jung, Squires and Vignaux
Other Business
Mr. Moseley noted that there are a number of variances coming in and we will be meeting in
February and for March we may need to schedule two meetings.
The Board discussed when and how a transition back to public meetings would begin. Ms. Rosa
and Mr. Moseley stated that it is being discussed at the Town Board and Management Team levels
and they would report back to the Board.
Meeting was adjourned at 7:28 p.m.
Submi^d by
Paulette Rosa, Town Clerk
ZBA 2021-03-09 Pg. 5
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, March 9, 2021 at 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.
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).
0001-2021 Appeal of Barry Segal, partial owner of 131 Christopher Circle, Tax Parcel No.
71.-1-13, is seeking relief from Town of Ithaca Code section, 270-219 (B) 1 (Accessory
dwelling units) for a proposal to construct a one story 1,300 square foot accessory dwelling
unit.
Town of Ithaca Code section 270-219 (B) 1, limits the size of the floor area, of the accessory
dwelling unit, to 800 square feet or 70% of the floor area of the principal dwelling unit,
whichever is less, where the current proposal is requesting to allow for a one-story accessory
dwelling unit totaling approximately, 1,300 square feet (which includes a covered porch and a
breezeway area connected to the existing single-family dwelling.)
The current property is located in the Medium 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 25'^ day of February 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:
131 Christopher Circle
&
1045 TaughannockBlvd.
By depositing saine 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 February 25th, 2021 and the notice has been duly published in the official newspaper, Ithaca
Journal on March 1st, 2021.
Christopher Torres, Administrative Assistant
Sworn to before me on /^'V^'2021.
—
Notary Public
BECKY L. JORDAN
NOTARY PUBLIC-STATE OF NEW YORK
No. 01JO6186361
Ouallfled In Tompklns County
My Commission Expires April 28
-Town of Ithaca
. Public Hearing Notice
Zqning Board of Appeals
^ Tuesday, March 09. 2021 ® 6:00 D.m.
215 N. Tibga St. ' -'v"-
S®ga'. partial owner of 131Christophery Circie.'.Tax Parcel-No..71.-1-13. is seeklna re-
ItHa'ca Code section/ 270-219 (B) 1 fAc-
rto^?300lb.?.®r^"f^ for;a-prqposal'.tb corJrtruri a^story 1,300 square foot,accessory dwelling unit. •
Town of Ithaca Code section 270-219 (B) i. limits the size
sqVa^l fl^t'" a%«cefory-,d^^rebibg uS't. tl 800
?wich"^'
connected to the existin-g sihb^^^
KsidehfiVV^n'^^^^ loi^kied Ih the Medium Density
0002-2021 Appeal, of. Nicholas Sedorus. aoDlicant for tho
.19451aughanhock'Blvd..iTai.p^?^^^^^
Code sect'lon'276^6^ (0 requires a side
?ine^ of 7rt (measured. froma , side yard property lot«!?i ¨! 20 feet and section 270-205 (A) requires that an
• • m^'^ease the ..•.non-conformity; where the
an attLhe'rf°h°?'"^ ® second story addition (withf«v.balcony) that includes approximatelv 90
setba^ck fflw^S'^h be'located withm the side yardsetoack (tacingjthe southern property lot line) The aonU
fot li^^e Ik ' JIl®asur;ed .from'the southern proper^flit. • *!?®.f«f'^J"9vdweliing.of approximately 14!l
is^Io£ai^ in the^kdfront Resid^:
loVID-l/theZri"ino^^"^ ^®'^ted toii^b In he™ fonmg Board of-Appeals will not' be mVet-
t"ve, o?def 5bJ 1 t"?! the-Governbr's Execu-
Nrhear1nb"bv^aoilo"t^''®-'^® '^®'"'^®"^ during the pub-MbedHj"fD^9^?3Si.^97^^f^ Join Meeting -
fe°n 7o^th?'m^e at -.1 ,(929 43?28'6V?olis^h7!Ki?i^KT, • ^'"9 and provide comments durina the
Cefore^nd"^rll«"ttf"^''® P''Py'4e comments via email
sSES,;,
■wntlrt this public hearrng 'oV 273"l72,1
Marty Moseiey ' - ' "'• 'i'- " ' ' " " .... ..I^l^^or of Code Enforcement . ,