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Home My WebLink AboutZBA Minutes 2025-10-14 Town of Ithaca Zoning Board of Appeals Tuesday, October 14, 2025, at 6:00pm 215 N. Tioga St. AGENDA • Public Hearing and Consider: ZBAA-25-22 Appeal of Vishalsingh Chaudhari & Vandana Raghavan, owners of 203 Westview Ln., Ithaca NY; are seeking relief from Town of Ithaca Code sections 270-71E (Yard regulations) and 270-72 (Building area). Town of Ithaca Code section 270-71E requires accessory buildings to have a side or a rear yard setback of 3’, where the applicant is seeking to have a reduced side yard setback of less than 3’. Town of Ithaca Code section 270-72 requires a maximum building area of 20%, where the applicant is seeking to exceed the maximum building area identified. The property is located in the Medium Density Residential District Zone, Tax Parcel Number 58.-2-39.621. • Public Hearing an Consider: ZBAA-25-23 Appeal of Unity House of Cayuga County, Owners of 906 Danby Rd., Ithaca NY, Maurice Coit, Agent: is seeking relief from Town of Ithaca Code section 270-71E (Yard regulations).Town of Ithaca Code section 270-71E requires accessory buildings to occupy the rear yard, where the applicant is seeking approval for an accessory building to be located in the front yard. The property is located in the Medium Density Residential District Zone, Tax Parcel Number 40.-3-5. *Appeal materials are available at the Town website via the “Public Meetings”. *Comments on the appeal(s) can be made in person or via ZOOM during the meeting. Comments & questions can be emailed to codes@townithacany.gov up until 3pm the day of the meeting. All comments become part of the official record. Accessing the Meeting: • Youtube Live: “Town of Ithaca Public Meetings” • Zoom: Meeting ID: 852-5587-1576 • Zoom: Call (929) 436-2866 same meeting ID as above • The Youtube recording of the meeting is archived Youtube.com/@TownofIthacaVideo. Marty Moseley Director of Code Enforcement ZBA 2025-10-14 (Filed 10/14) Pg. 1 TOWN OF ITHACA Zoning Board of Appeals October 14, 2025 MINUTES Present: Board Members, Connor Terry Chair; Chris Jung, Kim Ritter, Matthew Minnig, and Larry Sallinger Absent: Kim Ritter Marty Moseley, Director of Code Enforcement; Paulette Rosa, Town Clerk; CJ Randall, Director of Planning, and Susan Brock, Attorney for the Town Mr. Terry opened the meeting at 6:10 p.m. The order of appeals was switched due to first applicant not being present. ZBAA-25-23 Appeal of Unity House of Cayuga County, Owners of 906 Danby Rd., Maurice Coit, Agent, TP 40.-3-5, MDR, seeking relief from Town of Ithaca Code section 270- 71E (Yard regulations) which require accessory buildings to occupy the rear yard, where the proposal is for a front yard placement Maurice Coit briefly explained, stating that the gazebo was constructed by the previous manager who did not realize it was against the Code. The property is sloped, and the residents of the facility are in wheelchairs and could not get to the gazebo if it were moved. There is a sidewalk to the gazebo and a ramp. The property is sloped and moving it would be an extreme hardship. Discussion Mr. Connor asked whether there is a privacy fence around the gazebo. Mr. Coit responded that there is, and you can’t see it from the road, or it is nearly impossible to see it from the road. Ms. Jung stated that this is a prime example of the changes to the Code as they relate to accessory buildings that we requested the Town Board review. This is a very nice gazebo, and it causes no issues for anyone and is a positive addition to the neighborhood. Public Hearing Mr. Connor opened the public hearing; there was no one wishing to address the Board and the hearing was closed. Determination ZBAA-25-23 Area Variance (Accessory Building Placement) 906 Danby Rd., TP 40.-3-5, MDR ZBA 2025-10-14 (Filed 10/14) Pg. 2 Resolved that this Board grants the appeal of Unity House of Cayuga County, from Town of Ithaca Code section 270-71E which requires accessory buildings to be in the rear yard, where the request is to keep an existing gazebo in the front year, with the following: Conditions 1. That the gazebo is not altered or expanded in anyway, and 2. That the gazebo is not moved to any other location that does not meet the zoning of the that time, 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 that the applicant wishes to achieve cannot be achieved by any other means feasible given that the property is sloped and the residents are in wheelchairs, and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that the gazebo is shielded by a privacy fence, making it difficult, if not impossible, to see from the public roadway, and 3. That the request is substantial given that accessory buildings are not permitted in the front yard, and 4. The request will not have adverse physical or environmental effects as evidence by the fact that this is Type 2 under SEQR, placement of a minor residential structure, and 5. That the alleged difficulty is self-created in that the gazebo is not permitted in the front yard. Moved: Connor Terry Seconded: Chris Jung Vote: ayes – Terry, Jung, Sallinger and Minnig ZBAA-25-22 Appeal of Vishalsingh Chaudhari & Vandana Raghavan, owners of 203 Westview Ln., TP 58.-2-39.621, MDR; seeking relief from Town of Ithaca Code sections 270- 71E (Yard regulations) and 270-72 (Building area) which requires accessory buildings to have a side or a rear yard setback of 3’, and a maximum building area of 20% where the request is to exceed the maximum building area and a setback of less than 3’ feet. Mr. Chaudhari stated that he bought the property with the existing shed, and the yard is small and sloped. Mr. Moseley added that he walked the property and researched the subdivision. This property is the smallest of the lots in the subdivision, and the topography has a significant drop which limits placement elsewhere. The building area was approved and exceeded 20 years ago when the ZBA 2025-10-14 (Filed 10/14) Pg. 3 subdivision was built out, so the maximum building area being exceeded is preexisting, nonconformity and the addition of the shed increases that nonconformity. He shared the approved plat of the subdivision showing the lots. Public Hearing Mr. Terry opened the public hearing. Neighbor spoke, and it was determined that she is 3 or 4 lots away from this property and she had no comments on the appeal. Neighbor at 201 Westview Ln spoke, saying that she is the other side of the duplex, with a shared driveway with the applicants and she has not issue with the shed. Determination ZBAA-25-22 Area Variance – Setback and Building Area 203 Westview Ln. TP 58.-2-39.621, MDR Resolved that this board grants the appeal of Vishalsingh Chaudhari & Vandana Raghavan from Town of Ithaca Code section 270-71E (Yard regulations) which requires accessory buildings to have a side or a rear yard setback of 3’where approximately 8” inches is granted, and section 270-72 (Building area) which has a maximum building area of 20% where the request is to exceed that, with the following: Conditions 1. That the footprint of the accessory building and the residence not be enlarged any further, 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 that the applicant wishes to achieve cannot be achieved by any other means feasible given that the property is smaller than others in the development, the property line runs through the duplex home, and the buildable area was exceeded at the time of build out and it would not be feasible to reduce the size of the home, and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given both the home and the shed have been there for a very long time and the neighboring property has a berm and some landscaping mitigating any impact, and 3. That the request is substantial given that the required setback 3’ feet where approximately 8” inches is granted and the buildable area is exceeded, and ZBA 2025-10-14 (Filed 10/14) Pg. 4 4. That the request will not have adverse physical or environmental effects as evidence by the fact that SQER is not required, and 5. That the request is not self-created as this is a unique situation where the property line runs through the homes and both the shed and the home were present when he bought the property and have been for at least 10 and 20 years respectively. Moved: Connor Terry Seconded: Larry Sallinger Vote: ayes – Terry, Sallinger, Jung and Minnig Other Business Next meeting is Tuesday, November 23rd with one appeal so far. No update on the Verizon litigation. The meeting was adjourned upon motion by Mr. Connor, seconded by Mr. Sallinger, unanimous. Submitted by Paulette Rosa Town Clerk