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Home My WebLink AboutApplication =t �. t nfle of Capp 31094to _ MARCHAM HALL Telephone 836 HANSHAW ROAD 607-257-1238 ITHACA,N.Y.14650 i Office Hours t `` NOTICE OF j)ENIED APPLICATION9 A.M.-4 P_M. r; DATE: TO: 4_Kt�40�0 )U" ' ' �L 1�� e /_ cl) FROM: Brent Cross,Zoning officer y� PROJECT: �� C ADDRESS: '` L TAX PARCEI.NO.: The application for a Zoning Permit for the above referenced project has been denied.�AccorCayugading tthe documents provided, the proposed project will not comply with the following ) ights Zoning Ordinance: 3 1.DISTRICT(LOCATION) 2. ALLOWABLE USE IN RESIDENTIAL DISTRICT 3.ALLOWABLE USE IN MULTIPLE HOUSING DISTRICT_ 4. ALLOWABLE USE IN COMMERCE DISTRICT______— ► L /6 �_3Vi a 5.HEIGHT OF BUILDINGS N �` 3�� i 10 6.YARD REQUIREMENTS /C14 ,TK ,&6 7.BUILDING CO 6. 6-- 8.PORCHES,DECKS AND CARPORTS V N� q_FENCES AND WALLS pirjfi 10.BUILDING FLOOR A69 REA IM- 11. OTHER If ou wish to appeal this decision, or want to seek a variance to allow the propo ed oarero d of Appeals(ZBA)ject as submitted in the y appeal/variance be considered by the g application, you may request such gEQIETEST FUR APPEAL/VARIANCE f Lauren Butts owner or agent),hereby request the ZBA to consider the application as denied above. I, date: 2/25/22 fee- receiptno. Signed by: �'^' Village of Cayuga Heights Zoning Board of Appeals Application Form ZBA Application Fee: $100. For Office Use Only Date Received Check All That Apply:. Cash or Check X Area Variance Zoning District Applicable Section(s)of Village Code: Use Variance _Interpretation Request Property address: 408 E Upland Rd Tax parcel: 10-3-6 Zoning Officer's determination: Not compliant Requested variance or interpretation: Requested variance for front, rear, and side yard set back (south side yard), and lot coverage Reason(s)that the requested variance or interpretation should be granted: See attached page for the criteria that the ZBA must use. - Use additional sheets if necessary. For the requested setback variances, see the attached pages from the SPR submission.Due to the building overhang being included in the area calculations for the lot coverage,the lot coverage just slightly exceeds the allowable 25%lot coverage, with 25.4%coverage. Please see the SPR submission for additional eject material including the narrative building plans and renderings. Please attach any additional information that will help the ZBA to evaluate your appeal, such as a narrative, survey map,photos, building plans,etc. By filing this application,you grant permission for Village of Cayuga Heights ZBA Members and Village Staff to enter your property for inspections related to your appeal. Owner/Applicant: Lauren Butts Signature: ""`' Date: 2/25/22__ Phone number(s): 607-210-8339 Email address: leb*twm.la ZBA Actions Permitted by NYS Village Law Area Variance: An area variance is needed if you want to deviate from some dimensional requirement of the Zoning Ordinance, such as height,yard setback,or lot coverage. The area variance criteria the ZBA must use are found in Village Law 7-712-B(3)(b): In making its determination, the zoning board of appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant.In making such determination the board shall also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (3) whether the requested area variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (S) whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. Use Variance: A use variance is needed if you want to use a structure or property for something not allowed by the Zoning Ordinance, such as a restaurant in the Residence District. The use variance criteria the ZBA must use are found in Village Law 7-712-B(2)(b): No such use variance shall be granted by a board of appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the board of appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located, (1) the applicant cannot realize a reasonable return,provided that lack of return is substantial as demonstrated by competent financial evidence; (2) that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; (3) that the requested use variance, if granted, will not alter the essential character of the neighborhood;and (4) that the alleged hardship has not been self-created. Interpretation Request: An interpretation request is appropriate if you do not agree with the Zoning Officer's interpretation of the Zoning Ordinance. Such requests must be made within sixty(60) days of the Zoning Officer's determination that is being appealed. The interpretive role of the ZBA is found in Village Law 7-712-B(1): The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken. Complete Village Law:htt :11 ublic.le in o state n .us/LAWSSEAF.c i? UERYTYPE=LAWS+ UERYDATA=@LLVIL ZONING CODE Setbacks The site is zoned commercial. In this zone, requirements for building setbacks states that " buildings in the Commercial Zone shall be set back from property lines a minimum of 35 feet, said dimension to be measured at right angles to the property lines." (§ 305-38. Building setbacks). Where the commercial zone abuts another zoning district, setback distance will be contingent on building height. In the front yard, setback distances may equal the maximum height of the building and side and rear yard setbacks may equal one and a half times the maximum height, but for any setback no less than 35 feet is required. The maximum height of the roof is 15 feet, which under existing zoning setbacks would require the building to be setback 35 feet on all sides of the building. (See existing building footprint and commercial zone setbacks diagram) This project will seek variances for side (south), front, and rear yard setbacks. The building has been sited along the south of the property in order to move disruptive vehicular traffic away from the adjacent residential home. This building placement has also eliminated a curb cut from East Upland Road to create a single driveway entrance to the site. A 10' buffer space has been created between the existing (to remain) wood fence along the property line and the back of the proposed building. This space will be planted as a vegetative buffer for added privacy. Additionally, due to the site grading and proposed building elevation, most of the fence is at a slightly higher elevation than the building FIFE. Therefore, in certain locations along the site boundary the four-foot-tall fence is providing the screening benefit or a five or six foot tall fence (see section of south yard buffer). Based on the dimensions required to create a building of a desirable size that also allows space on the site to provide enough parking, the siting of the building falls within both the front and rear yard setbacks. The rear of the 408 site abuts the rear of an adjacent residential property that is already separated by significant mature vegetation. The building is sited no less than approximately 13' at any point from the rear property boundary, and will have a planted buffer to supplement the existing vegetative buffer on the adjacent property. In the front yard, a small portion of the east face of the building encroaches into the setback by approximately five feet. The remaining east face of the building is set further back than the required 35 feet. Please see the proposed building footprint and commercial zone setbacks diagram for reference. Residence to the South Proposed 408 E. Upland Building Existing Wood Fence T� I 4' --------------- --- ------ ------Approx.897.5 FFE 895.64 �10, Section of South Yard Buffer Pg.20 I ♦ — I ♦y I 4 4 hP t \�y ♦ ` ` I ryp� 5 H PROPERTY LINE 35'SETBACK NO PARKING ZONE VEGETATIVE BUFFER ZONE Existing building footprint and commercial zone setbacks a zo �N o 10 N♦ 40P yA. ♦ `` ' ryp� i ' PROPERTY LINE 35'SETBACK NO PARKING ZONE VEGETATIVE BUFFER ZONE Proposed building footprint and site with commercial zone setbacks Pg.21