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Home My WebLink AboutZBA Minutes 2018-05-08 (2)Town of Ithaca 2oning Board of Appeals Tuesday, May 8, 2018 at 6:00 p.m. 215 N. Tioga St., Town Hall Boardroom Appeal 0033 and 0034-2018 Elm Street extension subdivision, Terwilliger property, TP 29.-4-12 requesting a variance from Town of Ithaca Code Chapter 270-73 {B and C) "Size and area of lot" allowed to make a flag lot without the required width at the road frontage and the required width at setback and Luft property, TP 28.-1-28.7, requesting a variance from Town of Ithaca Code Chapter 270-73 (B and C) "Size and area of lot" to be allowed to increase the nonconformity of a legally existing nonconforming parcel. Appea10035-20181114 East Shore Drive, TP 19.-2-6, Silcoff/Gordon, requesting a second extension of existing area variances from Town of Ithaca Code Chapter 270-235 {J), 270-46 (A and Cj Front and Side Yard Setbacks, 270-47 Building Area and 270-50 Parking which expire on June 16, 2018. Appeal 0036-2018 635 Elmira Rd., TP 35.-1-21 requesting an extension of existing variances, two use and one height, from Town of Ithaca Code Chapter 270-235(J), 270-117 Front Yard Setback, and 270- 128, Allowable Square Footage, and 270-116 Height which expire May 21, 2018. Town of Ithaca Zoning Board of Appeals Tuesday, May 8, 2018 at 6:00 p.m. Present: Rob Rosen, Chair; Bill King, Chris Jung, George Vignaux, Caren Rubin and David Syuires Absent: David Filiberto Bruce Bates, Codes; Paulette Rosa, Town Clerk and Susan Brock, Attorney for the Town Meeting was called to order at 6:00 p.m. Audio for this meeting was very bad and therefore the notes are more summary in nature than usual. Appea10033 and 0034-2018 Elm Street extension subdivision, Terwilliger property, TP 29.-4- 12 requesting a variance from Town of Ithaca Code Chapter 270-73 (B and C) "Size and area of lot" allowed to make a flag lot without the reyuired width at the road frontage and the required width at setback and Luft property, TP 28.-1-28.7, requesting a variance from Town of Ithaca Code Chapter 270-73 (B and C} "Size and area of lot" to be allowed to increase the nonconformity of a legally existing nonconforming parcel. Ms. Terwilliger and Mr. Luft were present to answer questions from the board. Mr. Rosen noted that there was a transposition in the tax parcel numbers for the parcels and therefore a discussion will be held but the appeal will have to be re-advertised and ruled on at another meeting to be set. There was some discussion on a previous variance being granted but there was no information in the packet and the board therefore began the appeal as a fresh appeal since it seemed the other variance may have been for something other than the 280A requirement to have frontage on a recognized road. The Board did not have any issue with the appeal and thought it fit within the character of the neighborhood, where there are other flag lots. Mr. King was concerned about access to the town's open space and was assured that would remain. The Board set a meeting for Monday, May 21, 2018 at 6:30 p.m. following the Town Board's meeting. Appea10035-2018 1114 East Shore Drive, TP 19.-2-6, Silcoff/Gordon, requesting a second extension of existing area variances from Town of Ithaca Code Chapter 270-235 (J), 270-46 (A and C) Front and Side Yard Setbacks, 270-47 Building Area and 270-50 Parking which expire on June 16, 2018. Ms. Silcoff and Mr. Gordon were present to answer any questions. Mr. Rosen opened the public hearing at 6:30p.m. There was no one wishing to address the board and the hearing was closed. Ms. Brock stated that this is a Type 2 action because it is an area variance for a single family residence. Mr. Rosen explained that this is an extension of existing variances for the second time. Nothing has changed since the original granting of the variances. The Board had no problem with the extension/re-issuing of the variances. ZBA Resolution 0035-2018 Area Variance 114 East Shore Drive, TP 19.-2-6 Monday, May 8, 2018 Resolved that this board grants the appeal of Silcoff/Gordon, requesting a second extension of existing area variances from Town of Ithaca Code Chapter 270-235 (J), 270-46 (A and C) Front and Side Yard Setbacks, 270-47 Building Area and 270-50 Parking granted on June 15, 2015 and extended on and October 3, 2016, which second extension expires on June 16, 2018. This Board makes the same findings and imposes the same conditions as currently stated in the existing variances. Moved by Rob Rosen, seconded by George Vignaux Vote — Ayes — Rosen, Vignaux, Rubin, King and Decker Unanimous Appea10036-2018 635 Elmira Rd., TP 35.-1-21 requesting an extension of existing variances, two use and one height , from Town of Ithaca Code Chapter 270-235(J), 270-117 Front Yard Setback, and 270-128, Allowable Square Footage, and 270-116 Height which expire May 21, 2018. Mr. Rosen opened the public hearing at 6:38p.m. There was no one wishing to address the board and the hearing was closed. Mr. Rosen stated that this is similar to the last appeal in that the project has not started and the applicants need an extension of the existing variances. Ms. Brock noted that the Planning Board was the Lead Agency for SEQR for this Type 1 action and they reaffirmed their negative determination on May l, 2018. This Board is tied to that determination. Discussion followed with two members saying they were against the initial variances due to the size of the building and the scope of the variances needed and they will continue with that vote. ZBA Resolution 0036-2018 635 Elmira Rd., TP 35: 1-21 Monday, May 8, 2018 Resolved that this board grants the request of Ahir Hotels Corp., for project at 635 Elmira Rd., requesting an extension of existing variances, two use and one height, from Town of Ithaca Code Chapter 270-235(J), 270-117 Front Yard Setback, and 270-128, Allowable Square Footage, and 270-116 Height granted on November 21, 2016 which expire May 21, 2018. This Board re- grants/extends said variances to begin immediately upon the expiration of the current variances. This Board makes the same iindings and imposes the same conditions as stated in the existing variances granted on November 21, 2016. Moved by Rob Rosen, seconded by George Vignaux Vote: Ayes — Rosen, Vignaux, and Rubin Nays — King and Decker Motion passed 3:2 Other Business — There will be no meeting in June. Next meeting to re-hear the first appeal is May 21, 2018 at 6:30 p.m. Submitte y, Paulette Rosa, Town Clerk