HomeMy WebLinkAboutZBA Minutes 2021-06-08Town of Ithaca
Zoning Board of Appeals
Tuesday, June 08, 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
0010-2021 Appeal of Edward Mabaya and Krisztina Tihanyi, owners of 208 Eldridge Circle, Tax
Parcel No. 46.-1-15.47
0011-2021 Appeal of Linda Ruth, owner of 1057 Taughannock Blvd., Tax Parcel No. 21.-2-1
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, 06/08/2021, 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 2021-06-08 (Filed 7/23) Pg. 1
Town of Ithaca
Zoning Board of Appeals
Tuesday, June 08, 2021@ 6:00pm
MINUTES
Due to public health and safety concerns relating to COVID-19, and in accordance with the Governor’s Executive
Order 202.1, this meeting was held by video conferencing through the Zoom app.
Present: Rob Rose, Chair; Members Chris Jung, Bill King, George Vignaux, and David Squires
Alternates David Filiberto and David Williams
Marty Moseley, Director of Codes; Becky Jordan, Deputy Town Clerk and Susan Brock,
Attorney for the Town
Mr. Rosen opened the meeting at 6p.m.
0010-2021 Appeal of Edward Mabaya and Krisztina Tihanyi, owners, 208 Eldridge Cir, TP
46.-1-15.47, LDR, seeking relief from Town of Ithaca Code section 270-60 (C) (Yard
regulations) to construct a new single-family dwelling with an approximately 35’ ft side yard
setback on both sides where 40’ ft is required.
Ms. Tihanyi gave an overview, noting that her architect, Ms. Bartholomew was also present for
any questions. She said the slope was the determining factor and the proposal is a single story
with walkout basement and placed to allow for the garage and house to work within the slope.
Ms. Bartholomew added that they are trying to avoid a wet spot and it will not be the entire
house encroaching into the setbacks, but just a corner on each side.
Mr. Rosen asked if the house is tilted so the walkout basement is at the bottom of the slope and
that is the placement reason?
Ms. Bartholomew responded that is correct, and the wet spot and fitting the access to the garage.
She added that it is really hard to measure on that slope so the 5’ foot request is really for a
buffer and might be slightly less.
Mr. Squires stated that he drove by and the neighboring house is far away and this request
shouldn’t impact anyone and is minor.
Mr. Vignaux agreed, saying the encroachment is negligible and the whole body of the house isn’t
over the line which further mitigates the request.
Mr. King wanted to know where the “wet spot” is.
Ms. Tihanyi and Ms. Bartholomew responded that when they built the road, they pushed dirt
onto the lot and changes the drainage and it may be worked out after we build, but there is no
guarantee. It is over near the garage.
ZBA 2021-06-08 (Filed 7/23) Pg. 2
Ms. Tihanyi added that the neighbor the right, there garage is almost on the property line.
The Board looked at the survey map to determine where the wet spot was and the neighbors
garage, and Mr. Moseley shared his screen to show the drawing. The Board was satisfied with
depiction and description.
Mr. Rosen opened the public hearing at 6:15 p.m. There was no one wishing to speak and the
hearing was closed.
Mr. Rosen noted that SEQR is not required as a Type 2, single family house.
Mr. Rosen noted for the record that Taitem Engineering is the stamp on the survey, but he was
not involved or aware of this project. Mr. King stated the same. Both stated that their would be
no impact on them or their jobs if they were to vote against this project with the Taitem
Engineering involvement.
Ms. Jung and Mr. Filiberto felt the request was minor and fits the neighborhood and the unique
circumstances described by the owner and architect make sense.
ZBA Resolution 0010-2021 Area Variance
208 Eldridge Cir TP 46.-1-15.47
June 8, 2021
Resolved that this board grants the appeal of Edward Mabaya and Krisztina Tihanyi, owners,
208 Eldridge Cir, TP 46.-1-15.47, LDR, seeking relief from Town of Ithaca Code section 270-60
(C) (Yard regulations) to construct a new single-family dwelling with an approximately 35’ ft
side yard setback on both sides where 40’ ft is required, with the following
Conditions
1. That the project be built substantially as submitted to this Board, and
2. That the side setbacks be no less than 34.5’ feet on either side, 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 lot is triangular and contains a steep slope, and
2. There will not be an undesirable change to the neighborhood character or detriment to
nearby properties given that this is a single-family house similar to existing homes and
ZBA 2021-06-08 (Filed 7/23) Pg. 3
only the corners of the structure, not the full width or full length will encroach into the
side yard setbacks, and
3. That the request is not substantial, given that 40’ft is required and 35’ft is requested and
only the corners will encroach as stated above, and
4. The house will not have any environmental effects as evidence by no SEQR review being
required, and
5. That although the alleged difficulty is self-created in that the applicants wish to build on
the lot, nevertheless, the benefit to the applicant does outweigh any detriment to the
neighborhood or community for the reasons stated.
Moved: Rob Rosen Seconded: David Squires
Vote: ayes – Rosen, King, Jung, Vignaux and Squires
011-2021 Appeal of Linda Ruth, owner of 1057 Taughannock Blvd., TP 21.-2-14, LF, seeking
relief from Town of Ithaca Code section 270-46 (C) (Yard regulations) for a proposal to convert
an existing garage into a single-family dwelling/house. The applicant is proposing to retain the
existing 4.1’ foot side yard setback after converting the garage to a house.
David Lewis, Architect, gave an overviewing, saying that it would be the only structure on the
property as the former house was demolished. The existing garage has a concrete basement and
it will be a small guest house.
The intent is to not disturb any existing landscaping or the existing viewshed. He added that
Indian Creek gorge is about 150’ feet away from the proposed converted structure.
Mr. Squires asked if this was the garage that is right on the road and Mr. Lewis responded that it
was not, it was further down the lot. There are two garages on the property.
Mr. Squires asked if the proposed garage is the same style as the one near the road and Mr.
Lewis shared his screen to show the picture of the garage in question.
Mr. Rosen asked about the house that was demolished, and how that avoided a primary structure
on the lot.
Mr. Moseley responded that he did not know the history but would look at that.
Mr. Rosen said then it would not be an accessory dwelling unit and the applicants responded that
was correct.
Mr. Rosen said he doesn’t see what is being saved here when only the foundation is going to
remain and all the utilities and such will cause disturbance.
Mr. Lewis responded that they are going to try and preserve the studs and foundation and
anything else that can be salvaged and not impact the surrounding landscaping.
ZBA 2021-06-08 (Filed 7/23) Pg. 4
Mr. King stated that he did a site visit, and he thinks this idea will be a lot less impactful than
trying to build new. The foundation and asphalt is in good shape and there is quite a bit of work
that has already been done to establish a flat area and trying to place something new would be a
much greater impact.
Ms. Brock asked if the height of the new building would be taller, and Mr. Lewis responded that
the height would increase from about 16’ ft to 20’ or 21’ ft and the roof line will change because
the existing isn’t attractive but that is open to discussion.
Mr. Rosen opened the public hearing at 6:34 p.m. There was no one present, and Mr. Rosen
discussed the two emails received. The State Parks had no concerns, and the neighbors did have
concerns.
Ms. Brock noted that no SEQR is required for the reasons stated in Mr. Moseley’s memo.
Discussion
Mr. Vignaux stated that he did a site visit today and he doesn’t see how it will impact Ms. Barr
as this house is going to be located under a swale and is well on the other side of the gorge, 150’
ft as stated by the owner, and her lot is huge.
Mr. King stated that he didn’t think Ms. Barr could see this house.
Mr. Vignaux agreed, saying she would have to walk quite a way to get a glimpse, her lot is over
6 acres.
Mr. Moseley shared the County GIS overview of the lots with the stream depicted.
The image showed the previous, very large house that has been demolished.
Mr. Squires said he was very supportive as they are repurposing a current structure and it will be
the only home on the site.
Ms. Jung agreed, saying she was very happy they were reducing the size of what had been there
by removing and not rebuilding the large home.
Mr. Williams and Mr. Filiberto agreed with the rest of the Board and did not understand the
comments against the project as this will not crowd the neighbor or the neighborhood.
ZBA Resolution 011-2021 Area Variance
1057 Taughannock Blvd., TP 21.-2-14, LF
June 8, 2021
Resolved that this Board grants the appeal of Linda Ruth, owner of, seeking relief from Town of
Ithaca Code section 270-46 (C) (Yard regulations) for a proposal to convert an existing garage
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, June 08, 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).
0010-2021 Appeal of Edward Mabaya and Krisztina Tihanyi, owners of 208 Eldridge Circle, Tax
Parcel No. 46.-1-15.47, is seeking relief from Town of Ithaca Code section 270-60 (C) (Yard regulations)
for a proposal to construct a new single-family dwelling/house.
Town of Ithaca Code section 270-60 (C) requires a side yard setback (measured from a side yard property
lot line) of 40 feet, where the applicant is proposing to construct a new single-family dwelling/house
which would be located within the side yard setback on both the north and south side of the property. The
side yard setback, measured from the proposed dwelling/house to the property boundary line, would be
approximately 35 feet.
The current property is located in the Low-Density Residential Zone.
Marty Moseley
Director of Code Enforcement
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, June 08, 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).
0011-2021 Appeal of Linda Ruth, owner of 1057 Taughannock Blvd., Tax Parcel No. 21.-2-14,
is seeking relief from Town of Ithaca Code section 270-46 (C) (Yard regulations) for a
proposal to convert an existing garage into a single-family dwelling/house. Town of Ithaca
Code section 270-46 (C) requires a side yard setback (measured from a side yard property lot
line) of 20 feet, where the applicant is proposing to convert an existing garage into a
single-family dwelling/house which would be located within the side yard setback (facing the
southern property lotline). The applicant proposes to maintain the existing southern property
side yard setback, measured from the southern property lot line, to the existing garage that is
proposed to be converted into a single familydwelling/house of approximately 4.1 feet.
The current property is located in the Lakefront Residential District.