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HomeMy WebLinkAboutZBA Minutes 2022-11-09Town of Ithaca Zoning Board of Appeals Wednesday, November 09, 2022 @ 6:30 p.m. 215 N. Tioga St. ZBAA-22-127 Appeal of Mike Parker; owner of 141 Troy Road, Tax Parcel No. 49.-1-26.4; is seeking relief from Town of Ithaca Code section 270-59 (Height limitations) for an accessory building that is approximately 20'6" in height. Town of Ithaca Code section 270-59 allows for an accessory building to be a maximum height of 15', where the height of the proposed accessory building would be approximately 20'6". The property is located in the Low Density Residential Zone. Zoning Board of Appeals Wednesday, November 09, 2022 @ 6:30 p.m. This meeting was held in person with public welcome in person or video conferencing through Zoom platform. Present: David Squires, Chair; Members Mark Apker, Chris Jung, and Stuart Friedman. Absent: David Williams Marty Moseley, Director of Codes; Becky Jordan, Deputy Town Clerk; Susan Brock, Attorney for the Town Mr. Squires opened the meeting at 6:32 p.m. 127-2022 Appeal of Mike Parker; owner of 141 Troy Road, TP 49: 1-26.4, Low Density Residential Zone, seeking relief from Town of Ithaca Code section 270-59 (Height limitations) for an accessory building that is approximately 20'6" in height. Town of Ithaca Code section 270-59 allows for an accessory building to be a maximum height of 15', where the height of the proposed accessory building would be approximately 20'6". Mr. Parker gave a brief overview that he is essentially trying to build a small barn to store a tractor and trying to mimic the house in saltbox style. It's really the peak style that exceeds, not so much the building space. It's still smaller than the existing garage. Tractors parked inside would be better than parked all over the lawn. Mr. Squires asked what side of the barn is facing Troy Road Mr. Parker responded that the barn would sit perpendicular. Mr. Squires asked if options in compliance with the code were explored. Mr. Parker said yes, however, he can't make it work with the roof design and 12' door. Mr. Friedman inquired of the necessity of the 12' door. Mr. Parker replied that it was for equipment over 10' tall such as a tractor and possibly a camper in the future. Mr. Squires opened the public hearing at 6:38 p.m. There was no one wishing to address the Board and the public hearing was closed. Ms. Brock stated this is a Type II Action, construction of a minor accessory structure which regulations include barns and storage sheds so therefore no environmental review required. Mr. Apker asked Mr. Mosely re: zoning relations to a large lot (+6 acre) Mr. Moseley replied that it doesn't have anything to do with the lot size. NYS Ag exempts height limitations associated with agricultural barns. This property is not agricultural. Mr. Apker asked for clarification on when a structure is agricultural and not. pg. 1 ZBA 2022-11-09 (filed 11/25/22) Mr. Moseley cited the code definition of agriculture and farming Chapter 270-5. Mr. Apker what is it about the characteristics of your land that necessitates such a large tractor? Mr. Parker replied that he needs a brush hog for semiannual brush hogging which includes along the roadway and plowing long driveway are the two main uses of the tractor. Ms. Jung gave consideration that at about 350' from the road it's hard to tell what structure is higher than the other and therefore has very small visual impact. Mr. Squires stated that his observation to the code is that of aesthetics. ZBA Resolution 127-2022 Area Variance 141 Troy Road TP 49.4-26.4 Resolved that this board grants the appeal of Mike parker, applicant, 141 Troy Road, TP 49,-1-26.4 LDR, seeking relief from Town of Ithaca code section 270-59 "Height limitations" to be permitted construct an accessory building that is approximately 20'6" in height where 15' maximum is permitted, with the following: I 1. The benefit could be achieved by building to code, however, the applicant desires to build complimentary to the style of the existing home, 2. There will be no undesirable change in neighborhood character or detriment to nearby properties as the structure will be more than 300' from the road and nearest neighbor, 3. Compatible with other properties in the neighborhood. 4. Request is substantial as the request is 20' 6" and the code limit is 15', a 37% deviation to the code. 5. The request will have no adverse physical or environmental effects as evidenced by the lack of SEQR requirement. 6. The alleged difficulty is self-created because the applicant desires to build an accessory building with the height grade larger than code nevertheless, the benefit to the applicant does outweigh detriment to the health, safety, and welfare of the community, L-A*1rWW-FA*=10 L; 11 C'my 1] 1 litm ad ws I $-Igo I 1w I Ito Wa U 'xg 1 Other business: There are currently two projects slated for the next meeting in December, Reminder, there is a 30-minute training session on the 15 1h at 6:00 p.m. Wmbmitted by VA, eputy Clerk pg. 2 ZBA 2022-11-09 (filed 11/25/22)