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HomeMy WebLinkAboutZBA Minutes 2022-06-14Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday, June 14, 2022 @ 6:00 p.m. 215 N. Tioga St. 0008-2022 Appeal of Joel Crispin Brotherton; owner of 171 Calkins Road, Tax Parcel No. 33.-1-4.1, is seeking relief from Town of Ithaca Code section 270-219.2 (Limitations on home occupations). Town of Ithaca Code section 270-219.2 places limitations on home occupations, where the proposed home occupation would not comply with certain subsections within 270-219.2 of Town of Ithaca Code. The current property is located in the Agricultural Zone. 0009-2022 Appeal of Matthew Thompson, owner; Suzanne Wilson, applicant/agent of 101 Snyder Hill Road, Tax Parcel No. 60.-1-9.3, is seeking relief from Article IX (Medium Density Residential Zone) of the Town of Ithaca Code to allow for a Wellness Medical Spa use to operate at 101 Snyder Hill Road, where this use is not permitted within Article IX of the Town of Ithaca Code. The current property is located in the Medium Density Residential Zone. 0010-2022 Appeal of Stephen Snyder; owner of 502 Coddington Road, Tax Parcel No. 50.-1-1.1, is seeking relief from Town of Ithaca Code section 270-71F (Yard regulations). Town of Ithaca Code section 270-71F allows for a garage to be a maximum of 600 square feet, where the proposed detached garage would be approximately 672 square feet. The current property is located in the Medium Density Residential Zone. The meeting will be held in-person with the option for the public to also attend by video conferencing through the Zoom App. The meeting can be accessed, and you can provide comments during the public hearing by going to www.zoom.us - Join Meeting - Meeting ID 852-5587-1576. You can also call in to the Zoom meeting by telephone at +1 (929 436 2866) to listen to the meeting and provide comments during the public hearing. You can also provide comments via email before and during the meeting to Town Clerk Paulette Rosa at townclerk@town.ithaca.ny.us. For more information on how to access the meeting and project application/meeting materials, or how to submit a comment before or during the meeting, please visit the Town of Ithaca’s website and click on Meeting Agendas. If there are any questions pertaining to this public hearing, contact Marty Moseley at mmoseley@town.ithaca.ny.us or 273-1721 option # 2. Marty Moseley Director of Code Enforcement ZBA 2022-06-14 (Filed 6/23) Pg. 1 Town of Ithaca ZONING BOARD OF APPEALS June 14, 2022 MINUTES Present: David Squires, Chair; Members Chris Jung, George Vignaux, and Stuart Friedman Marty Moseley, Director of Codes; Paulette Rosa, Town Clerk; Becky Jordan, Deputy Town Clerk; Susan Brock, Attorney for the Town Mr. Squires opened the meeting at 6:03 p.m. 0008-2022 Appeal of Joel Crispin Brotherton, owner, 171 Calkins Road, TP 33.-1-4.1, Ag Zone, seeking relief from Town of Ithaca Code section 270-219.2 (Limitations on home occupations) which places limitations on home occupations, where the proposed home occupation would not comply with certain subsections. Overview Mr. Squires stated that there is a 1992 home occupation variance in effect and asked what the applicant is seeking. Mr. Brotherton responded that he is asking to continue using a 437 sq ft home office space upstairs as an office to meet clients. He added that that space is smaller than the 600 sq ft area downstairs covered by the previous variance. All other violations have been resolved by moving certain items to a new location. He said that he does need clarity on what is and what is not allowed. The 600 sqft area downstairs is a wood shop granted a variance in 1992 as a home occupation area Would like to maintain the permitted 600 sq ft wood shop as granted in 1992 per home occupation variance. 95% of business to be moved to offsite commercial/industrial location. Marty responded home office use is part of the allowed use. Based on the existing variance granted in 1992, are you asking for additional home occupation space over and above the up to 600 sq ft space permitted for a total of 1,037 sq ft? (current 600 sq ft wood shop + additional 437 sq ft office use space). The current provisions to home occupations limit the size to 25% or 500 sq ft whichever is less. Mr. Squires requested amended application with clarity on what is being requested. Mr. Brotherton stated the wood shop has been in operation since 1992. Making appeal for additional space for office use. ZBA 2022-06-14 (Filed 6/23) Pg. 2 Public Hearing Mr. Squires opened the public hearing at 6:23 p.m. Ms. Marla Miller spoke, saying that she wants to keep the road residential and safe for kids and she is not supportive of a neighboring business operations of this scale. This business is too large for Calkins Road and there are large commercial vehicles do not belong on the road in this area. Ms. Miller gave a history of her efforts and complaints to the town on this business and another on the road and assurances she had been given that it would stop over 3 years ago. Mr. Todd Kurzweil spoke in support of Ms. Miller’s concerns. Mr. Brotherton stated that he would like to work with government agencies to understand and comply with the law. He believes the narrative presented by his neighbor is false and malicious and disagrees that a formal agreement was made with her regarding the business. He added that he is scared of her and that for three years she has repeatedly parked outside his house and filmed him, harassed him, his house guests and his employees. He can provide statements from neighbors in support of his request and amended his application to be more clear on his request. Upon no further comment the public hearing was closed at 6:36 p.m. Ms. Brock suggested the applicant identify which parts of the home occupation regulations he is seeking a variance from as far as square footage and uses. Mr. Brotherton stated for the record that many of the things that have been cited under the complaints have nothing to do with the business. He said he is also the homeowner working on his house and this has been a mischaracterization of the activities there. Ms. Brock responded that the Code Officer’s inspection report reflects the findings and observations of what was determined home occupation and general home renovation projects and related materials for personal use which were not determined to be a violation. Mr. Squires moved to adjourn the appeal to the July 12th meeting to allow time for the applicant to clarify his request; seconded by Mr. Vignaux, unanimous. 0009-2022 Appeal of Matthew Thompson, owner; Suzanne Wilson, agent; 101 Snyder Hill Road, TP 60.-1-9.3, MDR seeking relief from Town of Ithaca Code, Article IX “Medium Density Residential Zone” to be permitted to have a Wellness Medical Spa. Mr. Squires announced that the appeal has been pulled from the agenda to allow for amendment(s) to the application. ZBA 2022-06-14 (Filed 6/23) Pg. 3 0010-2022 Appeal of Stephen Snyder; owner of 502 Coddington Road, TP 50.-1-1.1, MDR, seeking relief from Town of Ithaca Code 270-71F (Yard regulations) to be permitted to build a detached garage at approximately 672’ sqft where 600’ sqft is permitted. Overview Mr. Snyder explained that they had the garage designed prior to realizing the restriction and they need a 2-car garage and additional storage because they do not have a basement and his wife is a teacher who has to store her classroom supplies over the summer each year. Public Hearing Mr. Squires opened the public hearing at 6:45 p.m., there was no one wishing to address the board and public hearing was closed. Discussion/Determination Ms. Brock stated this is a Type II action under SEQR regulations as construction of a minor residential structures including garages and does not require environmental review. There was some discussion and confusion regarding setbacks and Mr. Moseley noted that as this is a single-story home, a detached garage can have a reduced setback of 10’ feet where there is proposed 11’ feet so no variance needed there. The variance needed is for the 72’ sqft over the 600’ sqft permitted. Discussion followed, with Ms. Brock noting for new members that a variance follows the property, not the owner, and the board should look at factors associated with the property, not a particular owner’s needs. Mr. Friedman was asked about setting precedent and what sets this property apart. Mr. Moseley noted that the zone allows for up to 3 accessory buildings not to exceed 600’ sqft in addition to a garage, which would be a factor and as he stated, he does not have a basement. Ms. Brock addressed Mr. Friedmans inquiry regarding regulations for consideration of these requests by stating that the board has to consider what makes this one different from others. Look at the property not the individual, variance runs with the land, is there something about this property that would be different and make qualified for variance using the criteria that is in state law. Discussion continued and the consensus was favorable. ZBA Resolution 0010-2022 Area Variance 502 Coddington Road TP 50.-1-1.1 ZBA 2022-06-14 (Filed 6/23) Pg. 4 Resolved that this board grants the appeal of Stephen Snyder, applicant, 502 Coddington Rd, TP 50.-1-1.1, MDR, seeking relief from Town of Ithaca Code section 270-71F “Yard regulations” to be permitted to construct a detached garage of approximately 672’ sf. where 600’ sqft is permitted, with the following: Conditions 1. That the garage be built substantially as shown in the application submittal, and 2. That the permitted allowance for additional accessory buildings in aggregate be decreased from 600’ sqft to 500’ sqft, 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. The benefit can be achieved by other means feasible such as altering the dimensions of the garage and building an additional accessory building for additional storage, and 2. The project will not result in an undesirable change in neighborhood character or detriment to nearby properties given that the proposed garage will replace a fabric carport and will match an existing shed on the property, greatly improve the aesthetics and fitting in with the home and neighboring properties, and 3. The request is not substantial, given that the additional 72’ sqft is an increase of approximately 12% and is mitigated by allowing this size garage and therefore not needing an additional accessory building to provide additional storage, which could be more obtrusive and less aesthetically pleasing and adding condition of reducing the aggregate allowed in any future accessory buildings, and 4. There will not be any adverse physical or environmental effects as evidenced by the fact that SEQR is not required for this project, and 5. The alleged difficulty is self-created in that it is the owners wish to have a garage with additional storage at the requested size, nevertheless, the benefit to the applicant outweighs any detriment to the health, safety & welfare of the community for the reasons stated. Moved: David Squires Seconded: George Vignaux Votes: ayes – Squires, Jung, Vignaux, Friedman Other Discussion: The next meeting is July 12th 6:00 p.m. and a second meeting will be needed due to the number of appeals on the docket. The board agreed to hold a second meeting on July 13th at 6:00 p.m.