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HomeMy WebLinkAboutZBA Minutes 2022-05-10 Town of Ithaca Zoning Board of Appeals Tuesday,May 10,2022 @ 6:00pm 215 N. Tioga St. Due to public health and safety concerns related to COVID-19 and NYS Legislation allowing virtual meetings. The Public Hearing meeting for the Zoning Board of Appeals will be held by video conferencing through the Zoom App with no in-person attendance permitted. The public will have an opportunity to see and hear the meeting live and provide comments through the Zoom App. If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the livestream video on YouTube. Agenda • 0005-2022 Appeal of Gioacchino Melice, Owner of 225 Coddington Rd., Tax Parcel No. 54.-7-45.2 • 0006-2022 Appeal of Susan Terwilliger and Michael Olszewski, Owners of 622 Elm St. Ext., Tax Parcel No. 28.-1-28.7 • 0007-2022 Appeal of Julie Crowley and Lisa Kerslake, Owners of 985 Taughannock Blvd., Tax Parcel No. 21.-2-28 INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON ZOOM: If you have a computer, tablet, or smartphone, you can access the Zoom meeting by going to w mLzo and clicking on"JOIN Meeting", and entering 852-5587-1576 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://us06web.zoorri.tis j/85255871576, INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON YOUTUBE: If you have a computer, tablet, or smartphone, you can access the meeting by going to The Town's YouTube channel. To join the meeting directly, go to ittps://www,yotitube,com/channel/l JC;,(.19vycXkJ61<1VlibjliCy7NQ/live ............................................................................................................................................................................................................................................................................................................................................................... On the evening of, 05/10/2022, at 5 minutes before 6:00pm,join in with your computer, smartphone, or telephone. If joining through the Zoom App,you will be placed on hold until the meeting starts. Questions about accessing the Zoom video conference should be emailed to ctorres(k)town.ithaca.ny[us..or(607)273-1783 ext.2. Town of Ithaca Zoning Board of Appeals May 10, 2022 MINUTES Present: David Squires, Chair; Members Chris Jung, George Vignaux, David Williams, and Stuart Friedman Marty Mosely, Director of Codes; Becky Jordan, Deputy Town Clerk; Susan Brock, Attorney for the Town Mr. Squires opened the meeting at 6:01 p.m. 0005-2022 Appeal of Gioacchino Melice, Owner of 225 Coddington Rd., TP 54.-7-45.2, HDR, seeking a determination on whether a group of unrelated individuals is a family, as defined by Town of Ithaca Code section 270-5 (Definitions). Overview Mr. Melice stated that his rental property is close to Ithaca College and the only potential tenant inquiries he has received are those from students. He would like to rent his duplex with 4 bedrooms on each side to students. He added that the area is all student housing and a"family" doesn't want to rent or live amidst students and he has had no success in finding one, or in his case, two, for the duplex. Ms. Brock went through the definition of a family under the Code and how that is determined. It was suggested that this is more of a Use variance request and could not be determined without information on the actual people who would be living as a"family" and therefore, a determination cannot be made. Discussion followed on various aspects of the restrictions of the Code as is, and although sympathetic in some ways, the Board did not act and the applicant withdrew his appeal. 0006-2022 Appeal of Susan Terwilliger and Michael Olszewski, Owners, 622 Elm St. Ext., TP 28.-1-28.7,MDR seeking relief from Town of Ithaca Code sections 270-66 (Permitted principal uses) and 270-67 (Principal uses authorized by special permit) to allow a pole barn to be constructed as a principal use. Overview Applicants stated They are going to be the general contractors building their house and they need a safe, weatherproof structure to store building materials as they become available, given the ZBA 2022-05-10 (Filed 5/18) Pg. 1 supply issues and price increases currently happening. Items may come in at different points, and the project may not flow normally due to waiting on items that are back ordered, delaying progress longer than usual. Buying materials now, rather than later, given inflation, is the smart thing to do, even if they are out of sequence. Public Hearing Mr. Squires opened the public hearing at 6:41 p.m. A neighboring property owner expressed having water issues after the site's land work was started. The Board noted that an email was received in favor of the project. With no further public comment, the hearing was closed at 6:45 p.m. Discussion The applicants noted that the property stating water issues is not adjacent to their project, but below them and Town staff has been out weekly to check the water and the SWPP mitigations in place. Lengthy discussion on the criteria for granting Use variances and the restrictions of the project and request and alternative options in building and permitting sequencing. ZBA Resolution 0006-2022 SEQR Determination Use/Special Permit 622 Elm Street Extension, TP 28.-1-28.7 Resolved that this Board makes a negative determination of environmental significance based on the information in Parts 1 and 2 for the reason stated in Part 3 of the environmental assessment form. Moved: Motion made by David Squires, seconded by Chris Jung Vote: ayes - Squires, Williams,Friedman, Jung, and Vignaux After further discussion on the criteria for a Use variance, the applicants withdrew their appeal. 0007-2022 Appeal of Julie Crowley and Lisa Kerslake, Owners of 985 Taughannock Blvd., TP 21.-2-28, LF, seeking relief from Town of Ithaca Code section 270-43(C) (Permitted accessory structures and uses)where up to two accessory buildings not exceeding 600 sq ft are permitted and a 784 sq ft building is proposed, and from section 270-45 (Height limitations) where 20' feet is allowed and 22' feet is proposed. ZBA 2022-05-10 (Filed 5/18) Pg. 2 Overview Applicants stated that they are requesting a garage on the only level spot on the property and would like to enhance their investment and be able to also use it as storage also, hence the small size and height variance request. Discussion Mr. Williams asked if there would be any bedrooms or habitable space or commercial use of the garage. Applicants responded that that there are no plans for occupancy nor commercial use. Public Hearing Mr. Squires open the public hearing at 7:29 p.m. There was no one wishing to address the board and the hearing was closed at 7:30 p.m. Determination Mr. Mosely noted that the GML review from the County Planning Department indicated they see no negative or intercommunity wide impact. Ms. Brock noted that under SEQR, this is a Type 11 action involving a minor accessory residential structure and does not require review. Ms. Jung stated that she wasn't concerned about the height, given the topography, but felt the increase in size was substantial. Mr. Friedman agreed but said the limitations making it difficult to build on the site make it justified. The applicants added that the garage will not be visible from the road or impede anyone's view and the location is the only spot for any type of structure and they need the dual purpose. Mr. Mosely clarified that lakefront residential allows up to 600 sf for two accessory buildings cumulatively not including a garage. They could theoretically build 600 sf of garage and 600 sf of accessory building(s) for a total of 1200 s£ Lengthy discussion on the size of the garage and the difficulty of building any alternative storage within the 600 sf that would be allowed, anywhere else on the property. The proposed increase is less than a garage by right, and less than a separate storage accessory building by right. Mr. Friedman asked how a variance follows new owners and board members when looking at this property. ZBA 2022-05-10 (Filed 5/18) Pg. 3 Mr. Mosely explained that a variance follows the property, not the owner, and is tracked in the Town's Permit Management System, adding that it is not uncommon for realtors and attorneys to contact municipalities to request a zoning compliance letter or inquire of any awards granted/conditions placed on a property and property files are also available for review by potential buyers. ZBA Resolution 0007-2022 Height/Area Variance Julie Crowley & Lisa Kerslake 985 Taughannock Blvd., TP 21.-2-28 Resolved that this Board grants the appeal of Julie Crowley and Lisa Kerslake, owners, 985 Taughannock Blvd., TP 21.-2-28, LF, seeking relief from Town of Ithaca Code section 270- 43(C) (Permitted accessory structures and uses)where up to two accessory buildings not exceeding 600 sf are permitted and a 784 sf building is proposed, and from section 270-45 (Height limitations)where 20' feet is allowed and 22' feet is proposed Conditions: 1. The building be built substantially as shown as on the application materials submitted to the board 2. The structure be no greater than 784 sf 3. The height no greater than 22' in height as measured from the lowest exterior grade and with the following That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specially: Findings: 1. The benefit cannot be achieved by any other means feasible given the extreme contour and slope of the property in terms of the applicant's ability to build any other storage facility; and 2. There would not be an undesirable change in neighborhood character or detriment to nearby properties as the project is designed to blend in with adjacent structures and not highly visible from the road due to topography nor the lake given the presence of trees and the house; and 3. The height variance request is not substantial as it is only 10% more than code allows, and the nature of the lot minimizes the appearance of the building's height; and 4. The square footage request is substantial given that the code allows for a 600 sf in aggregate for accessory structures and alternatively, 600 sf maximum for a garage, and this project is 784 sf, however this is mitigated by the fact that the garage as requested will be significantly less than what is allowed as of right for one garage and up to two accessory buildings, and due to the topography of the lot, and ZBA 2022-05-10 (Filed 5/18) Pg.4 5. The request will not have adverse physical or environmental effects as it is compatible with neighborhood and also as evidenced by the fact that SEQR is not required for this project, and 6. The alleged difficulty is self-created in that it is the owners wish to have a garage with additional storage at the requested size. Motion made by David Squires, seconded by George Vignaux Vote: ayes Vignaux, Williams, Squires, and Jung. Nays: Friedman Other Discussion: Mr. Mosely shared that last evening the town board passed a policy on hybrid meetings to be allowed and under specified provisions, a member could attend remotely. Moving forward meetings will be in person starting with the June meeting. There will remain a Zoom component for members of the public to join and board members as described in the policy. Meeting adjourned upon motion by David Squires, seconded by George Vignaux, unanimous. Submitted by Becky Jor*a , eputy Town Clerk ZBA 2022 05 10 (Filed 5/18) 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,May 10,2022, at 6:00pm 215 N. Tioga St. Due to the public health and safety concerns relating to COVID-19 and NYS Legislation allowing virtual meetings,the Zoning Board of Appeals will not be meeting in-person. 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 through the Zoom App. If the public would like to attend the meeting for viewing purposes only,it is recommended to watch the livestream video on YouTube. INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON ZOOM: 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 852-5587-1576 into the Meeting ID. You can also call in to the Zoom meeting at+l (929)436-2866. To join the meeting directly, go to 1zt.ps://usO6web.zooin,us/j/85255871576, INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON YOUTUBE: If you have a computer, tablet, or smartphone,you can access the meeting by going to The Town's YouTube channel. To join the meeting directly, go to helps //www youlube corn/channel/11( C 9vuycXl<J6l<IVlibihC v71'� /jive 0007-2022 Appeal of Julie Crowley and Lisa Kerslake, Owners of 985 Taughannock Blvd.,Tax Parcel No.21:2-28,is seeking relief from Town of Ithaca Code sections 270-43(C.) (Permitted accessory structures and uses) and 270-45 (Height limitations)Town of Ithaca Code section 270-43(C) allows for up to two accessory buildings not to exceed 600 square feet,where the proposed accessory building would be approximately 784 square feet. Town of Ithaca Code section 270-45 requires accessory buildings not exceed 20 feet in height,where the proposed accessory building is proposed to be approximately 22 feet in height measured from the peak to the lowest exterior grade. The current property is located in the Lakefront Residential Zone. Marty Moseley Director of Code Enforcement Materials regarding this item can be found under Meeting Agendas on the Town of Ithaca website.