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CITY OF ITHACA
108 E. Green St. Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
Lisa Nicholas, AICP, Director
Telephone: Planning & Development 607-274-6550 Community Development/IURA 607-274-6565
E-Mail: dgrunder@cityofithaca.org
BOARD OF ZONING APPEALS (BZA)
AGENDA
The regular monthly meeting of the BOARD OF ZONING APPEALS will be held at 4:30 p.m. on Tuesday, January
6, 2025. This meeting is open to the public and will be held in Common Council Chambers, Third Floor, City
Hall, 108 E. Green Street, Ithaca, NY, and also conducted remotely using videoconferencing technology.
Members of the public are strongly encouraged to participate remotely. Virtual participation in public meetings
is authorized by Part WW of Chapter 56 of the Laws of 2022 of New York State and Local Law 2022-05. More
information, including the written procedures governing the use of videoconferencing technology, is available
at http://www.cityofithaca.org/339/Boards-Committees.
For remote viewing/attendance: A live stream of the proceedings is available at
https://www.youtube.com/channel/UC7RtJN1P_RFaFW2IVCnTrDg; a recording will made available
through the same link following the conclusion of the proceedings. If you are a member of the public wanting
to observe the meeting, please simply watch the live stream. If you are an interested party and would like to
sign up to speak at the meeting or submit written comments, please see the instructions at the end of the
agenda.
I. CALL TO ORDER & AGENDA REVIEW 4:30 PM
II. CONTINUED APPEALS
None
III. NEW APPEALS
A. Appeal Number: ZONE-25-9 4:35 PM
Address: 224 Floral Avenue & 410 Hudson Street
Zone: R-2c & R-2a
Applicant: Harris Beach Murtha Cullina PLLC
Property Owner: Diane Zahuranec
Public Hearing: Yes
Description: Appeal of the determination of the Zoning Administrator that the
properties at 224 Floral Avenue and 410 Hudson Street do not have
established rights to be used as short-term rentals that are not the
primary residence of the host.
IV. PRELIMINARY PRESENTATIONS
None
V. APPROVAL OF MINUTES
November 2025
VI. ADMINISTRATIVE MATTERS 5:15 PM
A. Upcoming Meetings
e at
274-6570 by 12:00 p.m., no later than 2 days (not including weekends and holidays) before the meeting.

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B. BZA Training
VII. ADJOURNMENT 5:20 PM
ACCESSING ONLINE MEETING MATERIALS
http://www.cityofithaca.org/368/Board-of-Zoning-Appeals
week before the scheduled BZA meeting. Please do not hesitate to contact our office if you have any questions
or need any assistance accessing the materials.
COMMENTS & QUESTIONS
Interested parties are invited to speak or submit written comments on appeals that come before the Board of
Zoning Appeals.
feet of the property, who are authorized representatives of recognized adjacent neighborhood civic groups, or
who are elected City officials. Interested parties wishing to be heard must register by 3:00 PM on the
day of the meeting. To register, please send your name and address to zoningdivision@cityofithaca.org,
January 2026
Interested parties may submit comments for public hearings by mail or email. All comments must be
received by 3 p.m. on the day of the meeting, and they will be included in the record. Each comment is
limited to three minutes. Indicate in your email that the comment is for a public hearing and please include
your name and address. All comments and questions can be emailed to Megan Wilson at
zoningdivision@cityofithaca.org or call (607) 274-6550.
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CITY OF ITHACA
108 E. Green St. Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNINGANDDEVELOPMENT
Lisa Nicholas, AICP, Director
Planning & Development 607-274-6550 Community Development/IURA 607-274-6565
E-Mail: dgrunder@cityofithaca.org
To: Board of Zoning Appeals
From: Megan Wilson, Deputy Director of Planning & Development
Date: December 18, 2025
Re: ZONE-25-9, 224 Floral Avenue & 410 Hudson Street
_______________________________________________________________________________
At its meeting on January 6, 2026, the Board of Zoning Appeals will review an appeal of a zoning
determination that I, acting as the Citys Zoning Administrator, made regarding the properties at 224
Floral Avenue and 410 Hudson Street. Property owner Diane Zahuranec requested a determination of
established rights to continue using both properties as full-time short-term rentals.
The Citys Short-Term Rental Ordinance was adopted on May 1, 2024, and the new regulations allow a
primary resident to offer all or part of their residence as a short-term rental upon obtaining a Short-
Term Rental Operating Permit. Short-term rentals are only allowed in single- and two-family homes as
well as owner-occupied units within a multiple dwelling or mixed-use building. Short-term rentals must
have a valid Certificate of Compliance (required for all rental housing in the city) and are subject to City
and County occupancy taxes. Ms. Zahuranec is not eligible for a Short-Term Rental Operating Permit
for either 224 Floral Avenue or 410 Hudson Street because neither property is her primary residence.
Ms. Zahuranec asserted that she had established rights to continue her full-time short-term rental use
of both properties. To have established rights to a nonconforming use, the property must have been in
legal compliance with the previous regulations at the time of the adoption of the new legislation (§325-
32). For short-term rentals, the property must have (1) maintained a valid Certificate of Compliance
and (2) been current on all City and County Occupancy Taxes at the time the Short-Term Rental
Ordinance was adopted on May 1, 2024. Upon review of records provided by the applicant, the Citys
Building Division, and the City Finance Department, it was found that Ms. Zahuranec had maintained
a Certificate of Compliance for both properties and paid County taxes but was not current on City
occupancy taxes. Additional details are provided in my attached zoning determination, dated October
15, 2025. Retroactive payment of back taxes does not bring the property into compliance for the
purpose of establishing rights to a non-conforming use. Therefore, I, acting as Zoning Administrator,
determined that Ms. Zahuranec did not have established rights to continue the short-term rental use of
224 Floral Avenue and 410 Hudson Street.
Attorneys for Ms. Zahuranec submitted an application to appeal this determination and maintain that
the properties have established rights to the full-time short-term rental use. The Board of Zoning
Appeals must review the appeal and decide whether the Zoning Administrator correctly applied the City
of Ithaca Zoning Ordinance in the determination that:
1. The property owner failed to pay all required occupancy taxes; and
2. Failure to pay such taxes precludes the property from having established rights to the legal
nonconforming use.

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Exhibit D
CITY OF ITHACA
108 E. Green St. Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
Lisa Nicholas, AICP, Director
Planning & Development 607-274-6550 Community Development/IURA 607-274-6565
E-Mail: dgrunder@cityofithaca.org
October 15, 2025
Diane Zahuranec
4551 Northeast Second Ave
Fort Lauderdale, FL 33334
RE: Determination of Established Rights for Short-Term Rental Use: 224 Floral Avenue & 410 Hudson
Street
Dear Ms. Zahuranec,
You have requested a determination regarding your established rights to continue the short-term rental
use of your properties at 224 Floral Avenue and 410 Hudson Street. Neither property is your primary
residence. To have established rights to a nonconforming use, the property must have been in legal
compliance with the previous regulations at the time of the adoption of the new legislation. For short-
term rentals, the property must have (1) maintained a valid Certificate of Compliance and (2) been current
on all City and County Occupancy Taxes at the time the Short-Term Rental Ordinance was adopted on May
1, 2024.
In evaluation of your request regarding 224 Floral Avenue, I have considered the following findings:
The property located at 224 Floral Avenue is a single-family home purchased by Diane Zahuranec
in October 2021.
According to City records, 224 Floral Avenue was first identified as a short-term rental on
December 1, 2022 and has been rented as a short-term rental consistently since that date.
The City of Ithaca Building Division issued a Certificate of Compliance to Diane Zahurabec for the
single-family dwelling at 224 Floral Avenue, dated 1/12/2022. The Certificate of Compliance is
valid for five years, with an expiration date of 1/12/2027.
Diane Zahuranec applied for a Certificate of Authority to collect City of Ithaca Occupancy Tax and
was issued Certificate of Authority #1011 Wine Country Inn II for 224 Floral Avenue on
September 22, 2021.
The first payment of City of Ithaca Occupancy Tax was made for Certificate of Authority #1011
Wine Country Inn II on March 25, 2022 and continued quarterly through quarter 1 of 2023.
Quarterly payments or declarations of no income have not been made since quarter 1 of 2023.
Based on the above findings, I have determined that Diane Zahuranec does not have established rights to
continue the short-term rental use of the property at 224 Floral Avenue. The property was not in
compliance with the previous regulations, specifically the payment of required City Occupancy Tax, at the
-Term Rental Ordinance was adopted on May 1, 2024. Further use of the property as
a short-term rental must comply with all requirements of the City of Ithaca Short-Term Rental Ordinance.
In evaluation of your request regarding 410 Hudson Street, I have considered the following findings:

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The property located at 410 Hudson Street is a two-family home purchased by Diane Zahuranec
in October 2021.
According to City records, 410 Hudson Street was first identified as a short-term rental on July 13,
2022 and has been rented as a short-term rental consistently since that date.
The City of Ithaca Building Division issued a Certificate of Compliance to Diane Zahurabec for the
single-family dwelling at 410 Hudson Street, dated 5/9/2022. The Certificate of Compliance is valid
for five years, with an expiration date of 5/9/2027.
Diane Zahuranec applied for a Certificate of Authority to collect City of Ithaca Occupancy Tax and
was issued Certificate of Authority #1017 Wine Country Inn III for 410 Hudson Street on
December 1, 2021.
No quarterly payments of City Occupancy Tax have been made for Certificate of Authority #1017
Wine Country Inn III.
Based on the above findings, I have determined that Diane Zahuranec does not have established rights to
continue the short-term rental use of the property at 410 Hudson Street. The property was not in
compliance with the previous regulations, specifically the payment of required City Occupancy Tax, at the
-Term Rental Ordinance was adopted on May 1, 2024. Further use of the property as
a short-term rental must comply with all requirements of the City of Ithaca Short-Term Rental Ordinance.
A short-term rental operating permit is required for each dwelling unit used as a short-term rental. More
information on the regulations and
https://www.cityofithaca.org/770/Short-Term-Rentals.
Your right to appeal this determination is detailed in the Code of the City of Ithaca, Section 325-27K, and
this order may be appealed to the City of Ithaca Board of Zoning Appeals. Your appeal must be received
within sixty (60) days of the date of this letter.
If you have any questions, please feel free to contact me at (607) 274-6560 or mwilson@cityofithaca.org.
Sincerely,
Megan Wilson
Deputy Director of Planning and Development

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C E R T I F I C A T E O F C O M P L I A N C E
issued by the Building Division of
THE CITY OF ITHACA, NEW YORK
The Director of Code Enforcement hereby certifies that the building located at
224 Floral Avenue
used and occupied as a
*ONE (1) DWELLING UNITS IN A R-2c ZONE
conforms with the requirements of the applicable New York State Codes: the New York State Multiple
Residence Law, if applicable, and the City of Ithaca Housing and Zoning Code as to minimum standards
applicable to a building of its class and intended occupancy.
Declaration of intent has been made by the owner of this building that these standards of safety will be
maintained and occupancy will be maintained in compliance with the zoning regulations of the City of Ithaca
and issuance of this certificate is predicated upon this declaration.
This certificate is, therefore, summarily revocable when, as and if it is determined that said standards are not
maintained. This certificate is not transferable.
Under present ownership, this certificate shall be valid for a maximum period of Five (5) year from the issue
date.
Owner: Diane Zahuranec
4531 Northeast Second Ave
Fort Lauderdale, FL 33334
Electrical Certification: Bill M. Date: 2/24/2014
Housing Code Supervisor
Dated: 1/12/2022
*Please note the conditions listed on the attached cover letter dated 1/31/2022

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C E R T I F I C A T E O F C O M P L I A N C E
issued by the Building Division of
THE CITY OF ITHACA, NEW YORK
The Director of Code Enforcement hereby certifies that the building located at
410 Hudson Street
used and occupied as a
*TWO (2) DWELLING UNITS IN A R-2a ZONE
conforms with the requirements of the applicable New York State Codes: the New York State Multiple
Residence Law, if applicable, and the City of Ithaca Housing and Zoning Code as to minimum standards
applicable to a building of its class and intended occupancy.
Declaration of intent has been made by the owner of this building that these standards of safety will be
maintained and occupancy will be maintained in compliance with the zoning regulations of the City of Ithaca
and issuance of this certificate is predicated upon this declaration.
This certificate is, therefore, summarily revocable when, as and if it is determined that said standards are not
maintained. This certificate is not transferable.
Under present ownership, this certificate shall be valid for a maximum period of Five (5) year from the issue
date.
Owner: Diane Zahuranec
4531 Northeast Second Ave
Fort Lauderdale, FL 33334
Electrical Certification: Per CM Date: 12/12/2019
Housing Code Supervisor
Dated: 5/9/2022
*Please note the conditions listed on the attached cover letter dated 5/18/2022

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CITY OF ITHACA
108 East Green St Ithaca, New York 14850-5690
__________________________________________________
Telephone: 607-274-6580
To: Board of Zoning Appeals
From: Jessica Wright, City Chamberlain
Date: December 19, 2025
Re: Occupancy Tax Payments for Certificate of Authority #1011 & #1017
______________________________________________________________________________
The Zoning Administrator has requested confirmation of occupancy tax payments made for
Certificate of Authority #1011 and #1017.
Occupancy tax payments were made for Certificate of Authority #1011 on the following dates:
3/17/2022
6/14/2022
9/15/2022
12/12/2022
3/14/2023
There are no records of occupancy tax payments for Certificate of Authority #1017.
Jessica Wright
City Chamberlain
108 E Green Street
Ithaca, NY 14850

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Exhibit A

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CITY OF ITHACA
108 East Green Street Ithaca, NY 14850-5690
BUILDING DIVISION
DEPARTMENT OF PLANNING & DEVELOPMENT
4th Floor City Hall
Telephone: 607.274.6508 Email: ibd@cityofithaca.org
Maintenance of Certificate of Compliance Requirements Attestation
Short-Term Rental Permit Holder Name: ______________________________________
Property Address: _________________________________________________________
I attest that I am maintaining the building and systems in compliance with all applicable
New York State Codes, Ithaca Housing Code, Ithaca Exterior Maintenance Code, and the
City of Ithaca Zoning Ordinance or any other applicable law or regulations pertaining to
the maintenance and safety of this property.
SIGNED ____________________________________________ DATE _____________
“An Equal Opportunity Employer with a commitment to workforce diversification”

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Exhibit C