HomeMy WebLinkAboutZBA Minutes 2022-08-09Town of Ithaca
Zoning Board of Appeals
Tuesday August 09, 2022 @ 6:OOpm
215 N. Tioga St.
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Agenda
• 0013-2022 Appeal of Tompkins Financial, owner; Cayuga Signs, applicant/agent of 1012
Ellis Hollow Road, Tax Parcel No. 62.-2-1.21
• 0014-2022 Appeal of Neil and Brigid Shipman; owners of 681 Five Mile Drive, Tax
Parcel No. 31: 2-21.2
• 0015-2022 Appeal of Hoffmire Properties LLC, owner of 961 Taughannock Blvd., Tax
Parcel No. 21: 2-36
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TOWN OF ITHACA
ZONING BOARD OF APPEALS
August 9, 2022
MINUTES
Present: David Squires, Chair; Members Chris Jung, David Williams, Stuart Friedman and Mark
Apker
Marty Moseley, Director of Codes; Paulette Rosa, Town Clerk; Susan Brock, Attorney for the
Town
Mr. Squires opened the meeting at 6:01 p.m.
0013-2022 Appeal of Tompkins Financial, owner; Cayuga Signs, agent/applicant of 1012
Ellis Hollow Road, TP 62.-2-1.21, Community Commercial Zone, seeking relief from Town
of Ithaca Code sections 270-256B and 256F (5) to install a wall sign in addition to the existing
canopy and freestanding signs.
Mr. Squires stated that due to the corporate restructuring of the bank, the signs are being replaced
with updated signs. The variance is requested for an additional sign, a wall sign, where 3 signs
are allowed, and this would be a fourth.
Craig Christopher stated that the original wall sign was in place for 20+ years.
Mr. Moseley stated that he could not End any permit for the wall sign and that is why they are
here for the variance. Although on the surface it is a replacement in kind, the existing sign was
not permitted and therefore does not count as something that could be replaced in kind and the
current code limits the number of signs permitted.
Mr. Squires opened the public hearing at 6:29 p.m.
There was no one wishing to speak, and the public hearing was closed.
SEQR Determination
ZBA Resolution 001.3-2022 SEQR - Area Variance (Sign)
1012 Ellis Hollow Road
TP 62.-2-1.21, Community Commercial Zone
Resolved that this Board makes a negative determination of environmental significance based on
the information in Parts 1 & 2 and for the reasons stated in Part 3 of the SEQR form.
Moved: David Squires Seconded: Chris Jung
Vote: ayes — Squires, Jung, Apker, Williams
Abstained - Friedman
ZBA 2022-09-08 (Filed 5/2023) Pg. 1
ZBA Resolution 001.3-2022 Area Variance (Sign)
1012 Ellis Hollow Road
TP 62.-2-1.21, Community Commercial Zone
Resolved that this Board grants the appeal of Tompkins Financial, 1012 Ellis Hollow Road, TP
62.-2-1.21, for a variance from Town of Ithaca Code sections 270-256B and 256F (5) to install a
wall sign in addition to the existing canopy and freestanding signs with the following:
Conditions
1. Sign installed as shown in the packet, and
2. Sign shall not be illuminated, and
Findings
The benefit to the applicant outweighs any detriment to the health safety and welfare of the
community, specifically:
1. That the benefit to the applicant can be achieved by other means feasible in that there are
other signs on the premises, and
2. That there will not be undesirable change in the neighborhood or community given that
the sign has existed for many years in this commercial center and is relatively small at 5'
square ft and not visually conspicuous in that it is gold lettering on a brown background,
and
3. That the request is substantial in that only 3 signs are allowed, and this would make 4,
and
4. That there will not be any environmental impact as evidenced by the negative
determination made by this Board and the condition set that the sign not be illuminated,
and
5. That the alleged difficulty is self-created in that there are other signs on the building and
the need for the change is a corporate name change, and
Moved: David Squires Seconded: Chris Jung
Vote: Ayes — Squires, Apker, and Jung Nays — Williams and Friedman
0014-2022 Appeal of Neil & Brigid Shipman, owners of 681 Five Mile Drive, TP 31.-2- 21.2,
Low Density Residential Zone, seeking relief from Town of Ithaca Code sections 270-59
(Height limitations) and 270-56C (Permitted accessory buildings and uses) to have two accessory
buildings that are approximately 2,373 square feet in area and one accessory building that is
approximately 21'4" in height. Town of Ithaca Code section 270-59 allows for an accessory
building to be a maximum height of 15', Town of Ithaca Code section 270-56C allow for a
maximum of three accessory buildings (not including a garage or an accessory dwelling unit) not
to exceed 2,000 square feet due to the parcel being 3 acres or larger, where the proposed
ZBA 2022-09-08 (Filed 5/2023) Pg. 2
accessory buildings total square feet would be approximately 2,373 and the height of the newly
built accessory building would be approximately 21'4".
Mr. Shipman explained that he built the building to protect from recent increases in theft from
the Jungle nearby and having just had twins, he needed the extra space to store household and
lawn equipment.
He added that a basement is not possible, which he found out when planning for an accessory
dwelling unit for him mother, and the topography and drainage of the lot did not allow for that
and so he built a small ADU next to the main house for her.
The slope and drainage of the property would only allow the building to be in the back yard in
that location and that same slope makes it appear much smaller from the road. There will never
be access from the road as NYS DOT has stated they would not approve an additional curb cut
at the location.
Mr. Squires opened the public hearing at 7:20 p.m.
There was no one wishing to speak, and the public hearing was closed.
SEQR Determination
Type 11, minor residential accessory structure and therefore not needed.
ZBA Resolution 001.4-2022 Area Variance
681 Five Mile Drive, TP 31: 2- 21.2, LDR
Resolved that this Board denies the appeal of Neil and Brigid Shipman requesting a variance
from Town of Ithaca Code, Chapter 270, to be permitted to have two accessory that would
exceed the maximum square footage permitted and one would exceed the height permitted, with
the following
Findings
The benefit to the applicant does not outweigh the detriment to the health, safety and welfare
of the community, specifically:
1. That the benefit could be achieved by complying with the code and not constructing a
building that is 325 sgft bigger and 751 not provided justification or specific information
why a barn that would comply would not be sufficient
2. That there will not be any undesirable change in the neighborhood character or detriment
to nearby properties as the property is very close to the Ithaca City School Bus Garage and
the Tompkins County Highway with numerous metal buildings and the barn, and
ZBA 2022-09-08 (Filed 5/2023) Pg. 3
3. That the request is substantial in that 2000 sqft is permitted with 2370 sgft requested, and
where the maximum height is 15' ft and 22.4 is requested, and
4. That there will not be any adverse physical or environmental effects as SEQR is not
required and the building does not encroach on the stream setback, and
5. That the alleged hardship is self-created in that the applicant chose to build a structure that
does not comply with the code and continued without a building permit being issued and a
lack of variances.
Moved: David Squires Seconded: Stuart Friedman
Vote: Ayes — Squires, Friedman, Apker, Jung and Williams
0015-2022 Appeal of Hoffmire Properties LLC, owner of 961 Taughannock Blvd., TP 21.-
2-36, Lakefront Residential Zone seeking relief from Town of Ithaca Code sections 270-43K
(5), 270-43 K (8)(a), 270-43K (9), and 270-43K (7) (Permitted accessory structures and uses).
Town of Ithaca Code section 270-43K (5) requires the surface area of all boat lifts and boat
hoists on a waterfront lot not to exceed 308 square feet, Town of Ithaca Code section 270-43K
(7) requires the width of any pier, dock, or wharf to be a minimum of three feet and not to
exceed eight feet in at least one dimension. Any extension, such as an "L," "T" or "U"
extension, shall not exceed eight feet in at least one dimension (length or width), Town of
Ithaca Code section 270-43K (8)(a) requires the length of any dock, pier, or wharf to not
exceed 40 feet, Town of Ithaca Code section 270-43K(9) requires the maximum surface area of
all docks, piers, and wharves not to exceed 320 square feet in aggregate, where the applicant is
proposing to have a dock that is 48 feet in length, a boat hoist/lift area of 364 square feet, a
maximum surface area of 499 square feet, and a "U" extension on the dock that is 12 feet.
Andrew Sciarabba gave a detailed description and presentation on the project.
Mr. Squires opened the public hearing at 8:21 p.m.; there was no one wishing to speak, and the
hearing was closed.
SEQR Determination
Type II, minor residential structure — not needed.
Determination
ZBA Resolution 00015-2022 Area Variance
961 Taughannock Blvd
TP 21: 2-.36
Resolved that this board grants the appeal of Hoffmire Properties LLC, owner of 961
Taughannock Blvd., Tax Parcel No. 21.-2-36, LRZ, seeking relief from Town of Ithaca Code
sections 270-43K (5), 270-43 K (8)(a), 270-43K (9), and 270-43K (7) (Permitted accessory
ZBA 2022-09-08 (Filed 5/2023) Pg. 4
structures and uses) to construct a, dock that is 48 fieel in length, as boat hoist/lift area of 364
square fect, a maximum surface area of 499 square feet, and as "U" extension on the dock that
is 12 feet is permitted, with the fi,)Ilowing:
1, The (lock is built according to plans submitted in the application.
Z=
That the benefit to the applicant does outweigh any detriment to the health, safiety, and
welfitre ofthe coniniunity, specifically that:
T'he benefit cannot be achieved by other incans feasible to the applicant due to
fluctuations in lake bottoni before the 48 ft length Nvould provide f()r safer operations and
avoidance of darnage to take and boat. This property is located elcwse to as stream which
dej)osits material into the lake and causes the lake bottom to change and at times could
result in as depth ofless than 5 ft.
There w,ill be no undesirable change in the neighbortu"Wd character nor detriment to
nearby properties because the intended deck height, new boat lift, and catwalk will
be sinular to neighboring docks.
3, "I'lie request is substantial given that the code allow's for 320 sq fl and this project is
499 sq ft, code allows 40 ft in length, whereas the length is 48 fl, and code allows a
boat Lift/hoist area of'308 sq 11 whereas the boat lift StIlICtUre is 304 as ft however, this
is mitigated by not impeding neighboring views, not hanning ofneighborhood design
and improving the character of the ncig,!hborbood by replacing as deteriorating strUCtUre.
4. The request will have no adverse physical or environmental effects as it is
compatible Nvith neighborhood and also as evidenced by the fact, that SEQR is not
rcquired fior this prcwject.
5. The alleged difficulty is self-created in that the applicants wish to extend the dock 8
fi and provide fbr as canop.y and catwalk never -theless the benefit CmtWeiglls the
health, safiMty, and detriment of the community.
Mc ve& David Squires Seconded- David Williams
Vote: ayes Squires, Williams, and Jung nays .. Fri(ximan and Apker
Meeting was adjourned upon motion and as second, UnaniMOUS.
Submit
Paulette Rosa,'Towri Clerk
2BA 2022-09-08 (Filed 5/2023) P& 5