HomeMy WebLinkAboutZBA Minutes 2021-04-13Town of Ithaca
Zoning Board of Appeals
Tuesday, April 13, 2021@ 6:00pm
215 N. Tioga St.
Due to public health and safety concerns relating 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
0012-2020 Appeal of Andy Slater of 2 Pros Construction, applicant for owners of 1020 East Shore
Drive, Tax Parcel No. 19.-2-18.
0003-2021 Appeal of Justin Hicks of Holt Architects, applicant for owners of Tax Parcel No. 43.-2-10.
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
Meeting”, and entering 944-393-1973 into the Meeting ID. You can also call in to the Zoom meeting at
+1 (929) 436-2866. To join the meeting directly, go to https://zoom.us/j/9443931973.
On the evening of, 04/13/2021, 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 vide
conference should be emailed to ctorres@town.ithaca.ny.us or (607) 273-1783 ext.2.
ZBA 2021-04-13 Pg. 1
Town of Ithaca
Zoning Board of Appeals
Tuesday, April 13, 2021
Meeting held via ZOOM platform due to COVID -19 Executive Orders for Health & Safety
MINUTES
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.
0012-2020 Appeal of Andy Slater of 2 Pros Construction, applicant for owners of 1020 East
Shore Drive, Tax Parcel No. 19.-2-18, Lakefront Residential, seeking relief from Town of Ithaca
Code sections 270-205(A) (Nonconforming Structures), 270-46(A) and (C) (Yard regulations),
and 270-47 (Building Area), for a proposed approximate 11-foot by 24-foot two-story addition,
which will include two bedrooms and a covered carport. Town of Ithaca Code section 270-
205(A) does not allow for a non-conforming structure to be altered in a way that would increase
its non-conformity, where the applicant is proposing a two story addition that would increase its
non-conformity; Town Code 270-46(A) requires that a minimum depth of the front yard be not
less than 30 feet measured to the front yard property boundary lot line, where 18 feet is proposed
on the east side of the proposed addition; Town of Ithaca Code section 270- 46 (C) requires that
side yard setback from property boundary lot lines are a minimum of 20 feet, where 2 feet 8
inches is proposed on the north side of the addition; and Town of Ithaca Code section 270-47
allows for a maximum of a 10% building area, where the approximate area is currently about
27% and is proposed to increase to slightly under 35% building area.
Mr. Rosen stated that this project was scheduled to be before the Board previously when the
Town Engineer determined that the proposal was over a sewer easement and the plans were
reworked to avoid the easement.
Mr. Rosen described the drawing saying that it seems self-explanatory, with the addition being
moved away from the sewer easement.
Ms. Brock shared a survey map to determine setback measurements. It was determined that the
pin set is the edge of the road so the 18’ feet for the setback is measured from that and is not
increasing.
Mr. Rosen asked about the car port and the agents stated that there would be three support posts
not the two shown.
Mr. Mosely shared his screen showing a GIS map from the County with lot lines and distances.
ZBA 2021-04-13 Pg. 2
Mr. Squires said there is a car parked where the carport would be and asked if the intent is for
one car to use it?
The agent stated that the current size they have, which will not increase, just be covered, would
allow a car and a half in depth, but the owner parks on the street now and will continue to do so
and his spouse would use the carport.
Mr. Squires stated that it seems a lot of people in the area seem to park on the side of the house,
so this request is not impacting the character of the neighborhood.
Mr. Rosen opened the public hearing at 6:15 p.m.; there was no one wishing to address the
Board, and Ms. Rosa stated for the record that she had not received any calls or emails on the
appeal prior to or up to this point. Mr. Rosen closed the public hearing.
Ms. Brock stated that SEQR is Type 2 and not required as this is an area variance for an
extension of a single-family residence.
Mr. Rosen noted that there will be no effect on fire rescue access from what is presently there.
Mr. King noted that the new lot coverage is up from 27% to 35%, and he was concerned with
setting a precedent. He asked how close this coverage percentage is to the maximum of what is
existing in this area.
Mr. Moseley said he has not looked at the neighboring parcels to determine comparative lot
coverage and shared the GIS mapping site again. It was noted for the record that many of the
houses close by have significantly higher lot coverage.
Mr. Rosen stated that it did not look like this proposal would be approaching the average
maximum coverage in the area.
Discussion followed on the layout and size of the proposed bedroom and the agent responded
that they designed the addition with the smallest possible usable bedroom and the key was
converting a small storage room in that corner of the existing house so as not to take away space
or block light and views from the master bedroom as this is the owners primary residence and the
addition will be used for visiting family.
Mr. King asked about the size of the carport and any possible decrease and the agents responded
that it is existing now at 22” feet or so and is just going to become covered.
Ms. Jung stated that her only question was whether the neighbors had any issues and staff and
board members noted that no correspondence or appearance by them was received.
ZBA 0012-2020 Area Variance
1020 East Shore Dr, LF 19.-2-18
Resolved that this Board grants the appeal of Andy Slater of 2 Pros Construction, Agent for
ZBA 2021-04-13 Pg. 3
1020 East Shore Dr., seeking relief from Town of Ithaca Code sections 270-205(A)
(Nonconforming Structures), 270-46(A) and (C) (Yard regulations), and 270-47 (Building Area),
for an addition as described in the public hearing notice, with the following
Conditions
1. That the addition be built substantially as shown on the submitted plans
And with the following
Findings
That the benefit to the applicant outweighs any detriment to the health, safety and well being of
the neighborhood, specifically:
1. That the benefit the applicant wishes to achieve, being an addition, cannot be achieved by
any other means feasible given that the house predates the zoning requirements, there is
an existing sewer easement that has to be worked around further restricting the lot, and
the lot is so small that no construction could meet the side yard setbacks given that the
property is 38’ Feet in total and the zoning requires 20’ feet on each side, and
2. That there will not be an undesirable effect on the neighborhood or to nearby properties
given that neighboring properties have higher lot coverage percentages, the addition is on
the street side of the property and will not affect any neighbors’ views and the character
of the neighborhood is consistent with cars parking on the side of the residence, and
3. That there will not be any adverse environmental affects given the above that SEQR is
not required, and
4. That the request is substantial in that the requirement is 20’ feet on each side, and the
request will result in a 2’ foot 8” inch setback and the lot coverage will increase by 10%
from 27% to slightly under 35%, where 10% is the maximum allowed, and
5. That the hardship is self-created in that the proposal is for an addition, but this Board
finds that the benefit to the applicant does outweigh any detriment to the community for
the reasons stated above.
Vote: ayes – Rosen, King, Vignaux, Jung and Squires Unanimous
0003-2021 Appeal of Justin Hicks of Holt Architects, applicant for owners of Tax Parcel No.
43.-2-10, MDR, seeking relief from Town of Ithaca Code section, 270-70 (Height limitations)
for a proposal to construct a 9,230 square foot library that is proposed to be approximately 40
feet in height. Town of Ithaca Code section 270-70 limits the height of a building to not exceed
38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior
grade, whichever is lower, where the current proposal is requesting to allow for the proposed
library to have a total height of 40 feet measured from the lowest exterior grade to the highest
point of building.
ZBA 2021-04-13 Pg. 4
Mr. Rosen stated for the record that his wife works for Holt Architects but is not deeply
connected with this project and he does not feel there is a conflict of interest by him participating
in this appeal.
Mr. Hugo gave an overview of the project and shared depictions of the Library.
Mr. Rosen stated that we have seen this type of structure on sloping landscape before and he
does not think it is significant or will have an impact on the neighborhood.
No other Board Members wished to comment at this time.
Mr. Rosen opened the public hearing at 6:42 p.m. There was no one wishing to address the
Board and Ms. Rosa verified that no one had called, emailed or indicated in anyway that they
wished to comment. The hearing was closed.
Discussion
Ms. Jung stated that this building is very compatible with its surroundings and the taller parts of
the design are not out of character or alarming. She stated that it was quite charming and
magnificent.
Mr. King stated that the height being requested is not substantial and the building is not visible
from the road as well as being on a large lot. The project serves a public purpose and is very
attractive.
Mr. Vignaux stated that he was very much in favor of the project and the small height variance
needed is negligible and common for sloped buildings and this is a great addition to the Town
and a rare gem for us.
All Board members echoed the same feelings with nothing but superlatives on the project and the
design.
ZBA Resolution 0003-2021 SEQR
Namgyal Monastery
His Holiness the Great 14th Dalai Lama Library
and Learning Center
TP 43.-2-10 MDR
Resolved that this Board makes a negative determination of environmental significance based on
the information in the Short Environmental Assessment form Parts 1 & 2 and for the reasons
stated in Part 3. This is an Unlisted Uncoordinated EAF review.
Motion made by Rob Rosen, seconded by Bill King
Vote: ayes – Rosen, King, Jung, Vignaux and Squires Unanimous
ZBA 2021-04-13 Pg. 5
ZBA Resolution 0003-2021 Height Variance
Namgyal Monastery
His Holiness the Great 14th Dalai Lama Library
and Learning Center
TP 43.-2-10 MDR
Resolved that this Board grants the appeal of Justin Hicks, Agent, seeking relief from Town of
Ithaca Code section, 270-70 (Height limitations) for a proposal to construct a 9,230 square foot
library that is proposed to be approximately 39’ feet 9” inches feet in height, with the following
Conditions
1. That the project be built substantially as represented, specifically, that the height not
exceed 40’ feet 3” inches
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 the applicant wishes to achieve cannot be achieved by any other means
feasible given the topography of the parcel and site grading that would be extensive and
disruptive, the intent is to capture as much daylighting as possible and for the reasons
stated in the applicant’s narrative, and
2. There will not be an undesirable change to the character of the neighborhood given this is
a very large lot and the Library will not be visible from the public roadway or from
neighboring properties, and
3. That the request is not substantial given that the height variance applies to one side of the
structure given the process for measuring the top of the structure to the lowest part of the
structure at grade level and the request is just under 4’ feet higher than the maximum
allowed and will not be perceived as distinguishable from most views of the building, and
4. That there will not be any significant adverse environmental impacts as evidenced by the
negative determination based on the SEQR form, and
5. That the hardship is self-created in that the applicant wishes this design, nevertheless, this
Board finds that the benefit to the applicant outweighs any detriment to the community
for the reasons stated above.
Motion made by Rob Rosen, seconded by Chris Jung
Vote: ayes – Rosen, King, Jung, Vignaux and Squires Unanimous
Other Business
Mr. Rosen encouraged the board to review the materials for the next meeting as they are lengthy.
I
Meeting was adjourned upon a motion by Rob Rose, seconded by George Vignaux. Unanimous.
Submi^td^y
Paulette Rosa, Town Clerk
ZBA 2021-04-13 Pg.6
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 13, 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).
0012‐2020 Appeal of Andy Slater of 2 Pros Construction, applicant for owners of 1020 East Shore Drive,
Tax Parcel No. 19.‐2‐18, is seeking relief from Town of Ithaca Code sections 270‐205(A) (Non‐conforming
Structures), 270‐46(A) and (C) (Yard regulations), and 270‐47 (Building Area), for a proposal to build an
approximate 11‐foot by 24‐foot two‐story addition, which will include two bedrooms and a covered
carport.
Town of Ithaca Code section 270‐205(A) does not allow for a non‐conforming structure to be altered in
a way that would increase its non‐conformity, where the applicant is proposing a two story addition that
would increase its non‐conformity; Town Code 270‐46(A) requires that a minimum depth of the front
yard be not less than 30 feet measured to the front yard property boundary lot line, where 18 feet is
proposed on the east side of the proposed addition; Town of Ithaca Code section 270‐ 46 (C) requires
that side yard setback from property boundary lot lines are a minimum of 20 feet, where 2 feet 8 inches
is proposed on the north side of the addition; and Town of Ithaca Code section 270‐47 allows for a
maximum of a 10% building area, where the approximate area is currently about 27% and is proposed to
increase to slightly under 35% building area.
The current property is located in the Lakefront Residential Zone.
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 13, 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).
0003‐2021 Appeal of Justin Hicks of Holt Architects, applicant for owners of Tax Parcel No. 43.‐2‐10, is
seeking relief from Town of Ithaca Code section, 270‐70 (Height limitations) for a proposal to construct a
9,230 square foot library that is proposed to be approximately 41 feet in height.
Town of Ithaca Code section 270‐70 limits the height of a building to not exceed 38 feet in height from
the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower, where
the current proposal is requesting to allow for the proposed library to have a total height of 41 feet
measured from the lowest exterior grade to the highest point of building.
The current property is located in the Medium Density Residential Zone.
Marty Moseley
Director of Code Enforcement