HomeMy WebLinkAboutZBA Minutes 2024-10-22
Page?1?of?2??13.2.-1-located?in?a?Low?Density?Residential?Zone?tax?parcel?67.The?property?is??.61?maximum?building?area?shall?not?exceed?10%?of?the?lot?area-61?Building?Area?of?approximately?20.6?%.?
Town?of?Ithaca?Code?270-Code?270(whichever?is?lower).?The?applicant?is?also?seeking?relief?from?Town?of?Ithaca?de?or?36'?from?the?lowest?exterior?grade?measured?from?the?lowest?interior?gra59?only?pe
rmits?a?maximum?height?of?38’?-height.?Town?of?Ithaca?Code?27059?Height?Limits?to?construct?a?building?of?approximately?56'?in?-is?seeking?relief?from?Ithaca??;?Kimberly?Michaels,?Applicant/Agent;NY?
1485027?Appeal?of?Cornell?University,?owner?of?313?Tower?Road,?Ithaca,?-24-ZBAA?·??24.1-1-33.l?No.?system.?The?property?is?located?in?the?Agricultural?Zone?district,?Tax?Parcesystems)?for?a?proposal?
to?construct?a?professional?building?without?a?sprinkler?3?(New?buildings?required?to?have?sprinkler?-Town?of?Ithaca?Code?section?225is?seeking?relief?from??Ithaca?NY,?14850;?Aleksandr?Mergold,?Appli
cant/Agent;1?Appeal?of?Khuba?International,?Owner?of?272?Enfield?Falls?Rd.,?-24-ZBAS?·???4.5.-1-Medium?Density?Residential?Zone?tax?parcel?36.l?Land?Use?District?No.?1?(Wiggins)?Planned?Development?Z
one?and?a?SpeciaThe?property?is?located?in??3?B.?(4)?(b)?requires?29'?space?between?buildings.-271(4)?(b)?to?install?a?shed?approximately?10'?from?the?building.?Town?of?Ithaca?Code?3?Special?Land?Use
?District?No.?1?(Wiggins)?B.?-from?Town?of?Ithaca?Code?271g?relief?The?applicant?is?also?seekin?accessory?buildings?to?occupy?rear?yard.71?E.?(2)?requires?-install?a?shed?in?north?side?yard.?Town?of?
Ithaca?Code?27071?Yard?regulations?E.?(2)?(Accessory?buildings)?to?-Ithaca?Code?section?270is?seeking?relief?from?Town?of??;located?at?1150?Danby?Road,?Ithaca,?NY?1485026?Appeal?of?Jason?Sidle?manage
r?of?La?Tourelle?Hotel?and?Spa?-24-ZBAA?·?AGENDA???video?on?YouTube.for?viewing?purposes?only,?it?is?recommended?to?watch?the?livestream??virtually,?meetingthe?public?would?like?to?attend?the?a?membe
r?of?through?the?Zoom?App.?If??commentswill?have?an?opportunity?to?see?and?hear?the?meeting?live?and?provide??The?publicthe?option?for?the?public?to?also?attend?by?video?conferencing?through?the?Zoom
?App.?at?Town?Hall,?with??person,-will?be?held?infor?the?Zoning?Board?of?Appeals?The?meeting?????215?N.?Tioga?St.?0pm0at?6:?,4202,?October?22Tuesday,??Zoning?Board?of?Appeals?Town?of?Ithaca?
Page???.1783-or?(607)?273?Lkofoid@townithacany.gov Questions?about?accessing?the?Zoom?video?conference?should?be?directed?to????https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/liveTown’s?You
Tube?channel.?To?join?the?meeting?directly,?go?to?have?a?computer,?tablet,?or?smartphone,?you?can?access?the?meeting?by?going?to?The?If?you??INSTRUCTIONS?TO?ACCESS?THE?MEETING?VIRTUALLY?ON?YOUTUBE:??
Zoom?App,?you?will?be?placed?on?hold?until?the?meeting?starts.If?joining?through?the?.?https://us06web.zoom.us/j/85255871576meeting?directly,?go?to?2866.?To?join?the?-Meeting?ID.?You?can?also?call?in
?to?the?Zoom?meeting?at?+1?(929)?4361576?into?the?-5587-and?clicking?on?“JOIN?Meeting”,?and?entering?852?www.zoom.uscomputer,?tablet,?or?smartphone,?you?can?access?the?Zoom?meeting?by?going?to?If?you
?have?a??VIRTUALLY?ON?ZOOM:INSTRUCTIONS?TO?ACCESS?THE?MEETING???Tower18,?111?Wiedmaier?Ct?Cell?-24-Introduction?Presentation?for?appeal?ZBAA?·??8?144?Coy?Glen?Rd-24-Rehearing?Request?for?ZBAA?·????2
of??2
ZBA?2024 location appear to be the side yard and it is not visible from the public roadway. The proposed Mr. Terry stated that the unique shape of the existing building, an L shape,
makes the proposed tucked in to a slight indent of the existing building. Ms. Magnason shared photos of the existing building and the proposed location adjacent and wedding ceremonies
so both the distance and the use of the gazebo make that impossible. Mr. Sidle responded that the gazebo is over 100’ feet from the event space and used for Mr. Squires asked if the
gazebo shown on the map was where it was proposed or an option. Discussion higher than allowing the requested small structure next to the existing building. and the expense was
significantly work,building itself, but again, the aesthetics would not space for events and celebrations made that not feasible. They also looked at expanding the He added that they
looked for other locations, but the distance and disruption of functional aesthetically pleasing or functional. place, and having a storage unit there would be in the middle of that
function area and not be The rear yard is a significant distance away and is also where the actual outdoor functions take would blend in very well, seeming to be an extension of
the building in that corner. where the storage unit is proposed to be tucked into and is an area near the refrigeration units here events in the outdoor space close to the building.
Toperations inside the main building and ems needed for is a prefab, Amish built 10’ x 20’ foot shed that for storing itstorage building , Manager, gave an overview of the request
and need, saying that the requested Jason Sidle 4.5.-1-Medium Density Residential Zone tax parcel 36.located in Special Land Use District No. 1 (Wiggins) Planned Development Zone
and a The property is 3 B. (4) (b) requires 29' space between buildings.-Town of Ithaca Code 271 t between structures is required.where 29’ fee buildingan existing shed approximately
10' from 3 Special Land Use District No. 1 (Wiggins) B. (4) (b) to install a -271 permitted and Chapter, where accessory building are not (Accessory buildings) to install a shed in
north side yard71 Yard regulations E. (2) -seeking relief from Town of Ithaca Code section 270 4.5;-1-TP 36.Special Land Use District no. 1, Wiggins Planned Development Zone, MDR,
Danby Road,26 Appeal of Jason Sidle manager of La Tourelle Hotel and Spa located at 1150 -24-ZBAA 0 p.m. 6:0Mr. Squires opened the meeting at and Susan Brock, Attorney for the TownEngineering
David O’Shea, Director of ; Paulette Rosa, Town Clerk; son, Senior Code OfficeruDana Magn Absent: Matthew Minnig Board Members David Squires, Chair; Chris Jung, Connor Terry, and
Present: 4202, Zoning Board of Appeals Town of Ithaca??1Pg.???22?(Filed?11/18)?-10-
ZBA?2024 Squires, Terry, Jung, and Ritter –Vote: ayes Seconded: Connor Terry Moved: David Squires created in that additional storage is desired.-That the alleged difficulty is
self 5. SEQR being required, and That there will not be any adverse physical or environmental effects as evidenced by no 4. and and the required distance between structures is 20’
feet where 10’ feet is being granted, That the request is substantial as accessory buildings are only permitted in the rear yard, 3. and nearby properties as the granted storage unit
will not be visible from the public roadway, That there will not be an undesirable change in neighborhood character or detriment to 2. rear lawns are used for outdoor events needing
wide open spaces, and the achieved by any other means necessary as the events building is an “L” shape andthe locations needed and not interfering with spaces used for hosted events,
cannot be That the benefit the applicant wishes to achieve, to have storage for equipment close to 1. the community, specificallyThat the benefit to the applicant outweighs any detriment
to the health, safety, and welfare of Findings materials, and with the following That the storage unit be sized and places substantially as shown in the application 1. : in
the north side yard, with the following to be permitted to place a 10 x 20 prefab storage unit that this Board grants the appeal of La Tourelle Hotel and Spa, Jason Sidle, Manager,
Resolved 4.5. MDR -1-TP 36. Wiggins Planned Development Zone 1 1150 Danby Road Area Variance 26 -24-ZBAA Determination residential structure of less than 4k’ sq ft.
-Type 2, Construction of an accessory non –SEQR and the hearing was closed. Mr. Squires opened the public hearing; there was no one wishing to speak –Public Hearing equipment for
larger events.location seems the only rationale location for the purpose of storing additional tables, chairs and ??2Pg.???22?(Filed?11/18)?-10-
ZBA?2024 Mr. Squires asked if there are two wells on the property as depicted (yes). Mr. Mergold said there is a pond on the neighboring property. Mr. Squires stated that the letter
from the engineer mentioned a pond on the sight. the plans and also brought some equipment on site to test accessibility to the building. These plans are very typical of rural construction
and the Ithaca Fire Department was happy with combustible materials. -more than the required exits, and is constructed of nonThere are smoke detectors and sprinklers throughout the
kitchen, the building is single level, has for a total of over $630,000, which almost exceeds the entire budget for the whole project. approximately $416, 000, approximately $216,000
as well as the installation of a foundation, atholding tank. That tank would have to be 32’ feet in diameter and 30’ feet tall, at a cost of The other option questioned by this Board
at the last appearance was the construction of a , as well as substantial disturbance of soils in the natural areas. throughts as well as easements from properties that connection
would need to go construction cosabout 3,200 feet away and would require approximately $1.5 million dollars in connection water supply, saying that they talked to Bolton Point, who
said that the nearest water main is elaborated on the costs to reach the nearest municipal Applicant/Agent leksandr Mergold, A .sprinkler systemt having an approved nothe effects
of having be required to mitigate requirement of additional alarms or other devices equipment be provided or a ire extinguishingf lternative forms ofathat (s)requirement ,omission
of an approved sprinkler system mitigate the consequences of thereasonably determine necessary to they conditions ay imposemsprinkler requirement, to the in granting any variancesthat
the law says . Then apply two criteria that youThose are the .significantly jeopardize human lifepart of a building will not the omission of an approved sprinkler system from all
orThat 2. dan, the applicant difficulty or unnecessary hardship forwould create a practical law the strict letter of the sprinkler That the application of 1. to apply, and they are:
Ms. Brock noted that there is no balancing test for this type of variance. There are two standards , were present. Architectleksandr Mergold, Ms. Kristen Nunez, Executive Director,
and A system. construct a professional building without a sprinkler to be permitted to have sprinkler systems) 3 (New buildings required to -seeking relief from Town of Ithaca Code
section 225 ;24.1-1-33.AG Zone, TP 272 Enfield Falls Rd., ,1 Appeal of Khuba International, Owner-24-ZBAS ??3Pg.???22?(Filed?11/18)?-10-
ZBA?2024 from the lowest exterior feet in height measured from the lowest interior grade or 36' allowedfeet is 38’of where a maximum in height feet to construct a building approximately
56'area, 61 Building -and 27059 Height Limits -seeking relief from Ithaca Town Code 270 ;13.2.-1-67.LDR, TP , Meinig Fieldhouse, 27 Appeal of Cornell University, 313 Tower Road-24-ZBAA
and Ritter Squires, Terry, Jung, –Vote: ayes Seconded: Connor Terry Moved: David Squires chemical fire suppression unit. the kitchen hood has a held fire extinguishers, no
combustible materials will be stored in the building and -handthere are seven smoke/CO2 detectors that are wired into an alarm system, there are two story with six exits, -because the
building is a single significantly jeopardize human lifepart of a building will not the omission of an approved sprinkler system from all orThat 3. andwould cost in excess of $630K,
numerous easements from adjoining properties and the other option of a water tank public water infrastructure would cost in excess of $1.5M and require the acquisition of in that connection
to the existing difficulty or unnecessary hardship for the applicantthe strict letter of the sprinkler law would create a practical the application of That 1. Findings , with the
following construct a professional building without a sprinkler systemto be permitted to to have sprinkler systems) 3 (New buildings required-Ithaca Code section 225seeking relief
from Town of ,Khuba Internationalthat this Board grants the appeal of Resolved 24.1-1-AG Zone, TP 33. 272 Enfield Falls Rd Sprinkler Variance 1 -24-ZBAS .less than 4k
sqftbuilding construction of a nonresidential ,Type 2 - SEQR and the hearing was closed. Mr. Squires opened the public hearing; there was no one wishing to speak –Public Hearing
type of extinguisher over the kitchen stove. Discussion followed on the locations of the fire extinguishers, distances to egress doors and the it is a future consideration. Mr.
Mergold responded that it is not in the current plans because it requires special masonry, but Mr. Squires asked about the pizza oven that is proposed. Ms. Nunez responded that
there were not. such as cardboard boxes of supplies. products proposed to be stored in the building, Ms. Jung asked if there was storage of flammable ??4Pg.???22?(Filed?11/18)?-10-
ZBA?2024 , and campus properties-non neighboringbe visible from will not it surrounding campus buildings, many of which exceed the maximum height andnearby properties given that the
fieldhouse is compatible in size and height with the in neighborhood character or detriment to undesirable change That there will not be an 1. Findings community, specifically:
That the benefit to the applicant outweighs any detriment to the health, safety, and welfare of the described at this meeting, and in the application materials and substantially
as shownThat the building be constructed 1. Condition , with the following :a proposed building area of 20.6% where a maximum of 10% is permittedand from the lowest exterior grade
(whichever is lower)feet in height lowest interior grade or 36' measured from the feet is allowed38’where a maximum of in height feet approximately 56'to construct a building 61
Building area, -and 27059 Height Limits -Ithaca Town Code 270from Cornell University, Meinig Fieldhouse project, ppeal ofathat this Board grants the Resolved 13.2-1-LDR, TP 67.
313 Tower Road Meinig Fieldhouse Cornell University, Height and Lot Coverage –Area Variance 27 -24-ZBAA Determination determination of environmental significance.
Not needed; the City of Ithaca was designated lead agency and made a negative – SEQR closed. Mr. Squires opened the public hearing, there was no one wishing to speak and the hearing
was Public Hearing current coverage of 3.1%, again, similar to its surroundings.character of the densely built college campus environment. The parcel is 3.1 acres in size with The
buildings around the Fieldhouse are similar in size, with many being much taller and fits the being hit, kicked, etc. and it is recommended by NCAA. She said the minimum height needed
for sports is 56’ feet for the safety of the players from balls portion that is in the Town of Ithaca and the views of that section. , noting the small site plangave a presentation
showing the project ,, Agent Kimberly Michaels permitted. 10% is a maximum of and a proposed building area of 20.6% where grade (whichever is lower)??5Pg.???22?(Filed?11/18)?-10-
ZBA?2024 telecommunications tower which has been controversial. Mr. Moseley and Ms. Brock reviewed Of note was a height variance for a proposed Mr. Moseley reviewed the upcoming appeals.
Next Agenda Motion failed. Terry –ayes Squires, Jung and Ritter –Vote: nays Motion by Mr. Terry to rehear the appeal, seconded by Mr. Squires. and unanimous support was
not shown. briefly,The Board discussed would like the opportunity to correct. term rentals to be lifted, just one and there were mistakes made at the previous hearings that he reiterated
that they are not asking for all of the restrictions that apply to short Mr. sues. are an allowed use and it had been being used as such with no isand not been successful given the
driveway access and other factors and that short term rentals term renter -He said the Board did not seem to understand that they had attempted to find a long .just one of his renters,
but he was not allowed to respond to the public commentand it could have been from anyone who wandered into that person’s property, not door,next He said the issue about trespassing
was given too much weight. There are public forests right application material. highlighted the unique nature of the property. The Board continually referenced the original Mr.
D’Vileskis spoke, saying that he felt the Board did not consider the revised statements that appeal. same steps and requirements as the original hearing, with a public hearing and
presentation of noting that the vote by the Board must be unanimous, and then the hearing would follow the Town Law 267a, Ms. Brock reviewed the process for the Board to consider a
rehearing under D’Vileskis –Request to Rehear Appeal and Ritter Squires, Terry, Jung, –Vote: ayes Seconded: Connor Terry Moved: David Squires residential which is not compatible
with many campus activities and building needs. created in that the campus area is zoned low density -alleged difficulty is not selfThat the 5. declaration made by the City of Ithaca
as Lead Agency, and That there will not be any significant environmental effects as evidenced by the negative 4. approximately 21% where 10% is permitted, and and the lot coverage,
which is already over the maximum permitted, will increase to the height is approximately 28% over the maximum substantial in that That the request is 3. athletes able to use the fieldhouse,
and the lot coverage maximum would result in minimizing the number of students and moving the fieldhouse elsewhere to meet types of sports to be held in the fieldhouse, and y playing
the lfeasible given that the requested height is the minimum needed for safeThat the benefit the applicant wishes to achieve cannot be achieved by any other means 2.??6Pg.???22?(Filed?11/18)?-10-