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HomeMy WebLinkAboutMN-BZA-1989-12-04 The December 4, 1989 meeting of the Board of Zoning Appeals was called to order at 7: 00 P.M. The Board operates under the provisions of the Ithaca City Charter, The Ithaca Zoning Ordinance, the Ithaca Sign Ordinance and the Board's own Rules and Regulations. Members of the Board who are present tonight are: MICHAEL TOMLAN, CHAIR BEATRICE MACLEOD HERMAN SIEVERDING JACK PECK JANIS COCHRAN ERIC DATZ, SECRETARY CAROL SHIPE, RECORDING SECRETARY Chairman Tomlan read the Rules and Regulations of the City of Ithaca Board of Zoning Appeals. APPEAL NO. 1944 Appeal of Robert Webster for an area variance . for deficient rear yard under section 30.25, Column 14 of the Zoning Ordinance to permit the extension of the patio and construction of a carport on the northwest corner of the property at 220 Warren Place. The single family home is located in an R-lA (Residential) Use District in which the proposed use is permitted; however, under Section 30.49 the appellant must first obtain an area variance from the listed deficiency before a building permit can be issued. Appellant, Robert Webster of 220 Warren Place stated that he wished to construct an addition to the patio and a carport. The patio addition would measure 17 ' x 61 , and the carport would be 26 ' x 241 , which would include a 6' wide area at the rear to be enclosed for storage, replacing an existing metal shed. Mr. Webster stated that he received favorable verbal response from four of his neighbors concerning his request. PAGE 1 BZA MINUTES 12/4/89 Chairman Tomlan asked if the Board members had any questions. Mr. Webster was asked to indicate the exact location of the carport. Secretary Datz showed the Board members where it was going to be located. There were no further questions from Board members. Chairman Tomlan asked if there was anyone else to speak in favor of, or in opposition to, this appeal. There was no one. The Board then deliberated on the appeal. Mr. Sieverding addressed accessory structure requirements, in comparison to primary structures, and the fact that the deficiency noted on the worksheet related to the primary structure; in fact the requirement for an accessory structure would be less. Motion was made by Herman Sieverding and seconded by Jack Peck to grant the variance requested in Appeal No. 1944. Proposed Findings of Fact: 1. The existing rear yard deficiency is pre-existing and relates to the primary structure on the property. 2. The proposed variance is for an accessory structure and does not appear to create any deficiency in itself; therefore, granting the variance is consistent with the Ordinance and the character of the neighborhood. 3 . The existing deficiency cannot be corrected without moving the house, which is impractical and unfeasible. Vote: 5 Yes; 0 No Granted APPEAL NO. 1945 Appeal of Gary Wilson for a Special Permit for a home occupation under Section 30.26 of the Zoning Ordinance. The property at 422 West Buffalo Street is a legal non-conforming (grandfathered) five unit multiple dwelling in an R-2B (Residential) Use District with deficient off-street parking, PAGE 2 BZA MINUTES 12/4/89 minimum lot area, percent of lot coverage, and minimum front, side, and rear yards. The appellant is proposing to use part of his three-bedroom apartment for a small drafting studio for two people in which a special permit from the Board of Zoning Appeals is required. Appellant, Gary Wilson of 422 West Buffalo Street began by presenting two drawings, one showing the layout of the apartment and the other the west facade of the building where his apartment is. He responded to Mr. Sieverding's question concerning the off-street parking located at the rear being for his apartment by stating that that was for the whole building, and that most everyone parks on the street. He stated that he no longer has two people living with him and thus feels that his request for use as a studio allows for less traffic and also keeps the neighborhood stable. Ms. MacLeod asked about the need for written response from persons notified. Further discussion continued concerning whether or not an area variance would be needed in addition to the special permit, an issue brought up by the Planning & Development Board. In response to the Board's statement that two additional persons are permitted to work in this unit, Mr. Wilson stated he was only going to have one person working with him. The Board continued their discussion, and determined that an area variance is not required. Chairman Tomlan asked if there was anyone else to speak in favor of, or in opposition to, the appeal. There was no one. The Board then deliberated on this appeal. Motion was made by Herman Sieverding and seconded by Beatrice MacLeod that the special permit be granted. PAGE 3 BZA MINUTES 12/4/89 Proposed Findings of Fact: 1. The granting of the special permit will not create any condition that will negatively impact the neighborhood in terms of parking and traffic. 2. The proposed use will occur wholely within the building and will not be anything to take away from the residential character of the neighborhood. 3. The appellant has met all the requirements set forth in the Zoning Ordinance, Section 30.26, relating to special permits of this type. Vote: 5 Yes; 0 No Granted The meeting was adjourned at 7:35 P.M. Respectfully submitted, Carol Shipe Recording Secretary PAGE 4