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HomeMy WebLinkAboutZBA Minutes 2023-10-30Town of Ithaca Zoning Board of Appeals Monday, October 30, 2023, at 6:00pm 215 N. Tioga St. The meeting for the Zoning Board of Appeals will be held in-person, at Town Hall, with the option for the public to also attend 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 a member of the public would like to attend the meeting virtually, for viewing purposes only, it is recommended to watch the livestream video on YouTube. AGENDA ZBAU-23-3 Appeal of Chinese Culture House, owner; Teresa Zhang, Agent; of 572 Warren Rd., Ithaca, NY, 14850; is seeking relief from conditions established on a previously approved use variance, which allowed for a group home as a principal use. A previously approved use variance, allowing a group home as a principle use, was awarded with conditions that (1) that all of the findings and conditions and allowances of the variance from January 30, 1979 be rescinded and (2) that the proposed use as a Chinese Cultural House/Group Home will be allowed as described in the information provided by the applicant to this board, specifically that the proposal will allow the use for up to 13 residents plus additional visitors that may be attending classes or other programs provided by the Chinese Culture House, where the proposal would remove such conditions from the previously awarded use variance. The current property is located in the Multiple Residential Zone, Tax Parcel No. 72.-1-2.12. ZBAA-23-22 Appeal of Wylie Schwartz, owner of 923 East Shore Dr., Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code section 270-219.7C. Town of Ithaca Code section 270- 219.7C establishes that a short-term rental is permitted in principal dwelling unit or an accessory dwelling unit in accordance with the underlying zoning district regulations, where the applicant is requesting to rent an accessory building (that is not considered to be a principal dwelling or an accessory dwelling) as a short-term renal unit. The current property is located in the Medium- Density Residential Zone, Tax Parcel No. 18.-1-4. 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 +1 (929) 436-2866. To join the meeting directly, go to https://us06web.zoom.us/j/85255871576. If joining through the Zoom App, you will be placed on hold until the meeting starts. 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 https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live Questions about accessing the Zoom video conference should be directed to lkofoid@town.ithaca.ny.us or (607) 273-1783 ZBA 2023-10-30 (Filed 12/28) Pg. 1 TOWN OF ITHACA ZONING BOARD OF APPEALS October 30, 2023 Present: Board Members David Squires, Chair; Chris Jung, Connor Terry, Stuart Friedman, Matt Minnig and Kim Ritter Absent: Mark Apker Marty Moseley, Dir. of Code Enforcement; Paulette Rosa, Town Clerk; and Susan Brock, Attorney for the Town Mr. Squires opened the meeting at 6:05 p.m.  ZBAU-23-3 Appeal of Chinese Culture House, owner; Teresa Zhang, Agent; 572 Warren Rd., seeking relief from conditions on an existing Use Variance which allowed for a group home as a principal use. The existing Use Variances conditions are (1) that all of the findings, conditions and allowances of the variance from January 30, 1979 be rescinded and (2) that the proposed use as a Chinese Cultural House/Group Home will be allowed as described in the information provided by the applicant to this board, specifically that the proposal will allow the use for up to 13 residents plus additional visitors that may be attending classes or other programs provided by the Chinese Culture House, where the proposal is to remove those conditions. Theresa Zhang gave an overview of the situation including the previous variance saying that her parents created a place where students from China could live surrounded by their culture and people wishing to visit China and understand the culture could experience it. This worked until COVID when travel was restricted and student Visa’s were severely restricted for any student who any collaborative interactions with or attended any schools associated with the Chinese National Security forces. This impacted the Culture House because the population we were involved in were no longer there and my parents are older, and they want to sell the property. The property was listed for two years with two separate offers being pulled because we were not able to get a variance in the time permitted. We are asking for this variance to change the use of the property so we can sell the property. Ms. Zhang went through the criteria for a Use Variance and noted how she felt they met them. Discussion followed on other uses for the property with Mr. Moseley noting that the property must be run as it is now under the current variance. The conceptual modifications to a multiple dwelling would require a significant investment to meet current Town and State Codes. ZBA 2023-10-30 (Filed 12/28) Pg. 2 If the current use variance were removed, it would revert back to the permitted as of right uses of a 1- 2- or multiple dwelling unit. It was noted that the prior owners also had difficulty selling the property and then the current owners bought it and got the active use variance to use it as the Cultural House. Ms. Zhang stated that they would like to market it as a rooming house and Ms. Brock and Mr. Moseley stated that the Town Code has no such designation or use. Mr. Squires stated that in his view, stating they are having difficulty selling the property without any details is not sufficient to prove the financial hardship in the first criteria. He felt that more information was needed on what costs would be involved in using it as a multiple residence and other financial information to prove that a reasonable return on investment could not be made. Ms. Wang spoke, saying that it is not just the cost, it is a shame not to continue the use for this type of community living that it is so well suited for. Mr. Friedman asked what the consequences would be if the board created this new use, essentially a boarding house, where people lived together with no connections to each other. He felt the description as a group home was misleading as “group home” has a connotation to it that implies a connection between occupants. Ms. Zhang responded that they were looking for a rooming house use not a group home as a group home has to have a program and a counselor associated with it. Mr. Squires stated a rooming house could change the character of the neighborhood and this is next to a school. He thought the applicant was not giving enough detail on how the property would be used to satisfy him. Ms. Zhang stated that potential buyers wanted to use it as a group home to rent to students without the cultural aspect. Discussion followed briefly on details needed in the application to provide guiderails to keep it from being used as a boarding house and more financial details. Motion made by Mr. Squires, seconded by Mr. Terry to adjourn the appeal to the December 18th meeting to allow the applicants to provide more information, unanimous.  ZBAA-23-22 Appeal of Wylie Schwartz, owner of 923 East Shore Dr., TP 18.-1-4, MDR seeking relief from Town of Ithaca Code section 270-219.7C which requires that a short-term rental is permitted in a principal dwelling unit or an accessory dwelling unit in accordance with the underlying zoning district regulations, where the applicant is requesting to rent an accessory building that is not a principal or accessory dwelling unit as a short-term rental unit. ZBA 2023-10-30 (Filed 12/28) Pg. 3 Ms. Schwartz gave an overview, stating that she bought the property in 2007 and lives in one building as her primary residence and rents the cottage, which has two stories and no kitchen, as a short term rental. When going through the permitting process for short term rental use, it was determined that she would need a variance as there is no kitchen. Ms. Schwartz stated that there is a hot plate available, and renters have access to her full kitchen, although it is rarely requested. She was also concerned about costs associated with running appropriate electricity for more appliances and simply felt they were not necessary and would change the character of the cottage. She said there is a lot of history associated with the property and a bohemian style she and her renters appreciate and want to keep and she did not want the dangers associated with installing a stove in the unit. Public Hearing Mr. Squires opened the public hearing; there was no one wishing to speak and the hearing was closed. SEQR Determination Changes were made to Part 1 of the SEQR Form. ZBAA-23-22 Area Variance 923 East Shore Dr., TP 18.-1-4, MDR Resolved that this Board makes a negative determination of environmental significance based upon the information in Part 1 and for the reasons stated in Parts 2 and 3. Moved: David Squires Seconded: Chris Jung Vote: ayes – Squires, Jung, Terry, Minning and Friedman Determination The Board felt that there were options to meet the Code without a variance being needed, such as small and economical kitchenettes. The applicant requested time to look into some of the options mentioned by the Board and associated feasibility and costs for utilities. Motion made by Mr. Squires, seconded by Mr. Terry to adjourn the appeal to the February meeting or sooner if convenient for both parties, unanimous.