HomeMy WebLinkAboutZBA Packet 2018-08-14Revised
Town of Ithaca
Zoning Board of Appeals
Tuesday, August 14, 2018 @ 6:00 p.m.
Appeal of Ralph Varn, agent, and Reed Dewey, owner, 203 Roat Street, Medium Density
Residential, TP 71.-5-3 requesting a variance from Town of Ithaca Code Chapter 270-71E(1)
Accessory buildings to be able to build a detached accessory dwelling unit where the minimum
rear side-yard setback is 30 ft. and 6 ft. is proposed and from Chapter 270-70, Height limitations
where one story and 20 ft. in height are allowed and the proposed are two stories and 25 ft., and
from Chapter 270-219.6 C(2) Additional requirements applicable to detached accessory
dwelling units where the street facing facade of a detached accessory dwelling unit must consist
of at least 20% window or door openings and the proposed is approximately 17%.
Town of Ithaca
Zoning Board of Appeals
Tuesday,August 14,2018 @ 6:00 p.m.
The Zoning Board of Appeals will hear the following appeal with a public hearing for public
comment at Town Hall, 215 N. Tioga St., on Tuesday, August 14,2018 beginning at 6:00p.m:
Appeal of Ralph Warn, 203 Roat Street,Medium Density Residential, TP 71.-5-3 requesting a
variance from Town of Ithaca Code Chapter 270-71E(1)Accessory buildings to be able to build
a detached accessory dwelling unit where the minimum rear side-yard setback is 30ft and 6ft is
proposed and from Chapter 270-70,Height limitations where 20ft. in height is allowed and the
proposed is 25ft and from Chapter 270-219.6 C(2)Additional requirements applicable to
detached accessory dwelling units where the street facing facade of a detached accessory
dwelling unit must consist of at least 20% window or door openings and the proposed is
approximately 17%.
Applicable Code:
270-7IE.Accessory buildings.
(1)Buildings occupied by a detached accessory dwelling unit. Such buildings must be located in
a rear yard, be at least 30 feet from any side lot line, and be at least 15 feet from a rear lot line.
§270-70 Height limitations.
In Medium Density Residential Zones, no building shall be erected,altered, or extended to
exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest
exterior grade,whichever is lower. No structure other than a building shall be erected, altered, or
extended to exceed 30 feet in height. A building occupied by a detached accessory dwelling unit
shall not exceed one story and 20 feet in height, except buildings constructed prior to the
effective date of Local Law No. 20 of the Year 2017 may exceed these two parameters as long as
the building height is not subsequently increased beyond that existing on the effective date of
said local law. Other accessory buildings shall not exceed 15feet in height.
§270-219.6 Accessory dwelling units.
C. Additional requirements applicable to detached accessory dwelling units.
(1) No other accessory dwelling units may be located on the lot;
(2) If the street-facing facade of the building occupied by a detached accessory dwelling unit is
visible from the street line, at least 20% of the street-facing facade must have window or door
openings;and
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I,Paulette Rosa,being duly sworn,say that I am the Town Clerk of the Town of Ithaca,Tompkins
County,New York that the following notice has been duly posted on the sign board of the Town Clerk of
the Town of Ithaca and the notice has been duly published in the official newspaper,Ithaca Journal.
•ADVERTISEMENT/NOTICE
•NOTICE OF PUBLIC HEARINGS
Zoning Board Appeal:203 Roat Street
Location of Sign Board Used for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca,NY 14850
Town website at www.town.ilhaca.nv.us
Date of Posting:
Date of Pjal^cation:8/6/2018
Paulette Rosa
Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS)SS:
TOWN OF ITHACA)
Sworn toand subscribed before me this day of
2018.
Notary Public
Debra DeAugistlne
Notary Public -State of MewYofk
NO.01DF.6148035
Qualified inTompkins County
My Commission Expires June19,20^2^
Town of Ithaca
Zoning Board of Appeals
Tuesday,August 14,2018 ®6:00 p.m.
The Zoning Board of Appeals will hold aTownHalC215 N Tioga St. on Tuesday.August 14,2018beginning at 6:00 p.m on the following appeal.
Appeal of Ralph Varn,agent,and Reed Dewey,203 Roat Street.Medium Density ^f^idential.TPrequestinga variance from Town of Ithaca Code Chapter
270-71 Ed)Accessory buildings to be able to build
tached accessory dwelling unit where the minimurn rearsfdeyirdsllba^k is 30 ft^and 6 ft.is proposed f nd from
Chapter 270-70,Height limitations where one story andin height are'^allowed and the proposed are two
ctnrioc and 25 ft and from Chapter 270-219.b mooi
tional requirements a(y3li«bledwelling units where the street facing facade ot a aetachedaccessory dwelling unit "^u^t consirt of at least
20%window or door openings and the proposed is ap
proximately 17%.
Paulette Rosa
Town Clerk
August 6.2018
TOWN OF ITHACA
215 N.Tioga Street.Ithaca,N.Y.14850
www.town.ithaca.ny.us
CODE ENFORCEMENT - BRUCE W. BATES, DIRECTOR
Phone (607)273-1783 • Fax (607)273-1704
codes@town.ithaca.nv.us
Zoning Board of Appeals Apolication Form:."-'w/vof/t
Submit this application ONLY after:1.Applying for a building/sign permit for which you receivers—
determination/denial from Code Enforcement staffor 2. A referralfromthe Planning Board based upon a site
plan or subdivision review.
ZBA-Appearance Fee:
$150^>^rea,Sign,or
>prinkler Variance and
Special Approval
$250 ^se Variance
Plea^check all that apply:
V Area Variance
Use Variance
Sign Variance
Sprinkler Variance
Special Approval
(Only 1 fee is required per
appearance,higher fee
prevails)
For Office Use Only
Property is located within,or adjacent to:
CEA ^Forest Home Historic District;
.County Ag District; UNA;
State Park/another municipality
For Office Use Only Date Received:Zoning District:.
Applicable Section(s)of Town Code:
Cgl7.^:r-Ty/^ll
:-ii-Ti'Til-fri
%-jO -Ol'i'Uo.
The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of
Appeals to be permitted to:
At property address:_Tax Parcel No.7l-5''3
as shown on the attached supporting documents.As description of the practical difficulties and unnecessary
hardship and/or the Special Approval authorization request is as follows:(attach any additional sheets as
necessary):
By filing this application,1 grant permission for members of the Town of Ithaca Zoning Board of Appeals or Town
staff to enter my property for any inspection(s)necessary that are In connection with my application.
:pA LF44 VAPRINTNAMEHERE
Signature of Owner/Appellant
Signature of Agent:
Date:
Date
Best phone number for^ont^ing:bC'"J'^'^TZ 2""number:
Email:
NOTE: Yourattendance at the ZBA meetingis stronglyadvised.
••
AREA and SIGN VARIANCE CRITERIA FORM
(to be completed by Applicant)
(/aWOwner/Appellant/Agent Name:fiA
Address of Property Requiring Variance;_
TaxParcel No.:^
TEST.A/o area variance willbe granted without consideration by the Board of the followingfactors:
A.Will an undesirable change be produced in the character of the neighborhood or be a detriment to
nearby properties^Yes No|^^^
Reasons:4-fA(/-£^5(Mll_/Ae_
-XC 5ET
8.Can the benefit sought by the applicant be achieved by a feasible alternative
tothe variance?^Yes NoD^
Reasons:d'OlUVi M^
HA)Bif?.Hi A /F
nee substan la ?''t ✓C.Is the reauesfed s^iance substantial^
Reasons:IAJF fe-A (^T7
Auo FuiPF lF-fe5riTS Uiyd'..A'°r?<="J IT"
^iAAt;'UD TH-ig L-FA-'^T'jt-(PAotTT
D. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood^/Yes ti^X\
Reasons:-|-^IIOlp/.cT'(O^-T ^HACXi^,
iT-y 15 KAcT MuAMt li5.i6((<,eA-"IAiaO
IA)|L.U ^h&o^.
E. Isthe alleged dif^lty self-created?Yes NoJ2i
^Lj~r v/AR-l
S-4+Ays itvl -TM^
A'/>•ZBA Appl.Use Variance REV January 2014
Reasons:
^•7\
AREA and SIGN VARIANCE CRITERIA FORM
(to be completed by Applicant)
P-A^PM-(/vWOwner/Appellant/Agent Name:
Address of Property RequiringVariance:y
Tax Parcel No.:^
TEST:Ho area variance will be granted withoutconsideration by the Board of the following factors:
A.Will an undesirable change be produced in the character of the neighborhood or be a detriment to
nearby propertj^
Yes Nop
Reasons:
^•^(V.5ET
B.Can the benefit sought by the applicant be achieved by a feasible alternative
tothevariance?^Yes,NoJ^
Reasons;
C. Is the requested variance substantial?Yes NoJS
Reasons:
D. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood?
Yes Nol
Reasons:
'ariance
Dd?/oj^
E. Isthe alleged xi|ffi^lty self-created?Yes NoJX[
Reasons:
ZBA Appl.Use Variance REV January 2014
Zoning Board of Appleals
215N.Tioga Street
Ithaca,NY 14850
sTaRiaND
BUILDEI^S
Starland Builders,LLC
1319 Mecklenburg Rd.
Ithaca,NY 14850
Monday,June 25.2018
RE:
Reed and Greta Dewey
203 Roat Street,Ithaca,New York 14850
Dear ZBA,
Please find attached sketches and map for a proposed construction of a 20'-0"x
24-0"apartment to builton almost the exact spot as the existing garge which Is
20-8"x 22-7".The existing garage is six feet from the property line as show on
the attached survey map.
The Dewey's are making this space for Mr.Dewey's mother and creating an attic
space above to house an art collection of Mr.Dewey's Father.
There is a big tree next to the garage,itis 15'-3"fromthe garage and if the
Dewey's had to have a fifteen foot side yard the apartment would be to close to
the existing tree.
isefind attached photos.
Thank You
Haiph R. Varn
Starland Builders,LLC
1319 Mecklenburg Road
Ithaca,New York 14850
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Property Description Report For; 203 Roat St,Municipality
of Ithaca
Total Acreage/Size:
Land Assessment:
Full Market Value:
Equalization Rate:
Deed Book:
Grid East:
Area
Living Area:
Second Story Area:
Additional Story Area:
Finished Basement:
Finished Rec Room
0.98
2018 -$133,900
2017 -$133,900
2018 -$250,000
2017 -$230,000
2018 -100.00%
2017 -100.00%
43103
850925
1,352 sq.ft.
664 sq.ft.
0 sq.ft.
0 sq.ft.
332 sq.ft.
Status:
Roll Section:
Swis:
Tax Map ID #:
Property Class:
Site:
In Ag.District:
Site Property Class;
Zoning Code:
Neighborhood Code:
School District:
Total Assessment:
Property Desc:
Deed Page:
Grid North:
Active
Taxable
503089
71.-5-3
210 - 1 Family Res
RES 1
No
210 - 1 Family Res
30071
Ithaca
2018 -$250,000
2017 -$230,000
8001
898115
First Story Area:688 sq.ft.
Half Story Area:0 sq.ft.
3/4 Story Area:0 sq.ft.
Number of Stories:2
Finished Area Over 0 sq.ft.
Garage
Special Districts for 2018
Description Units
FD302-Ithaca fire 2 0
SD301-Ithaca sewer 1
SWRES-Solid waste 1
fee res.
WD301-Ithaca 1
water
Special Districts for 2017
Description Units
FD302-Ithaca fire 2 0
SD301-Ithaca sewer 1
SWRES-Solld waste 1
fee res.
WD301-Ithaca 1
water
Exemptions
Year
2018
2017
Taxes
Year
Description
BAS STAR
BAS STAR
Amount
$30,430
$30,200
Description
Percent
0%
0%
0%
0%
Percent
0%
0%
0%
0%
Exempt 0/0
0
0
start Yr
2004
2004
Amount
Type
Type
End Yr V Flag
Value
0
0
0
Value
0
0
0
H Code Own %
0
0
*Taxes reflect exemptions,but may not include recent changes in
assessment.
From:Randy O. Wayne
To:Paulette Rosa
Subject:RE: Town of Ithaca, ZBA Meeting
Date:Monday, August 06, 2018 3:56:17 PM
Dear Ms. Rosa,
I just read the variance request submitted by Ralph Varn [Warn] for 203 Roat Street and would like
to add to my prior email by directly responding to the tests.
Test A. By building an accessory dwelling, the character of the neighborhood will definitely be
changed undesirably because it most likely will become a rental unit in the future. It will indeed be a
detriment to a neighborhood with owner occupied dwellings.
Test B. The same building could be build according to code in the rear yard with an asphalt path to
give access to Reed’s mom. Or it could be built as an addition to the main dwelling. Granting a
variance so that the dwelling will be 6 feet from the property line will certainly cause a loss of value
and enjoyment for me at 201 Roat Street.
Test C. The requested variance is substantial. An accessory dwelling is substantially different from a
garage.
Test E. The alleged difficulty is self-created since the same building could either be built in the rear
yard according to code or as an addition to the main dwelling.
Thanks you.
Sincerely,
Randy Wayne
From: Paulette Rosa <PRosa@town.ithaca.ny.us>
Sent: Thursday, August 2, 2018 10:44 AM
To: Randy O. Wayne <row1@cornell.edu>
Cc: 'arabella7th@live.com' <arabella7th@live.com>; Bill King <mharkins@twcny.rr.com>; Bruce
Bates <BBates@town.ithaca.ny.us>; Caren Rubin (carenrubin@gmail.com)
<carenrubin@gmail.com>; christine Jung <cjjung2009@gmail.com>; David Filiberto
<dmfiliberto@gmail.com>; David Squires <dmsithaca@gmail.com>; George Vignaux
(george@vignaux.com) <george@vignaux.com>; Paulette Rosa <PRosa@town.ithaca.ny.us>; Rob
Rosen (robrosen78@gmail.com) <robrosen78@gmail.com>; Susan Brock
(brock@clarityconnect.com) <brock@clarityconnect.com>
Subject: RE: Town of Ithaca, ZBA Meeting
Good Morning Mr. Wayne,
As you can see, I have forwarded your comments to the Zoning Board of Appeals Members and this
is in effect the same as you appearing and this will become a part of the record.
Thank you for getting the comments to us.
Paulette
From: Randy O. Wayne [mailto:row1@cornell.edu]
Sent: Thursday, August 02, 2018 10:17 AM
To: Paulette Rosa
Cc: 'arabella7th@live.com'
Subject: FW: Town of Ithaca, ZBA Meeting
Dear Ms. Rosa,
Yesterday my wife Amy and I, who live at 201 Roat Street, received a letter from the Town of Ithaca
Zoning Board of Appeals about a public hearing at Town Hall on Tuesday August 14, 2018 at 6 PM to
comment on an appeal filed by Ralph Warn concerning 203 Roat Street. Mr Warn is requesting a
variance to build a detached accessory dwelling unit with a side-yard setback of 6 ft instead of the 30
ft setback that would be mandated by Code 270-71E.
We are in complete opposition to this request. Firstly, there is sufficient land at 203 Roat Street to
locate a new accessory dwelling unit in the rear yard, at least 30 feet from any side lot line and a
least 15 feet from the rear lot line as mandated by Code 270-71E. Indeed, there is already an
accessory cabin in the rear yard. Secondly, and more importantly to us, our property value and the
privacy we experience and enjoy in our backyard would suffer due to the encroachment of an
accessory dwelling unit 6 feet from our property. We recognize that there is already a garage in the
proposed location, however, the activities that take place in a garage are far less intrusive and more
intermittent than the activities that typically take place in a dwelling unit. If the new accessory
dwelling was built according to code in the rear yard of 203 Roat Street, there would be a tradeoff to
the owners of 203 Roat Street between the merits of having a new accessory dwelling and the
demerits of losing the natural beauty of their backyard. However, if the variance is allowed, we gain
nothing and lose substantially and irreversibly the natural beauty and privacy of our backyard. We
wholeheartedly oppose the variance and only support the building of a new accessory building that
is consistent with Code 270-71E.
We will be on vacation on August 14, and will not be able to attend the scheduled Zoning Board of
Appeals meeting. We deeply care about the result of the Zoning Board of Appeals action. Can we
either ask for a postponement of the hearing on this variance or perhaps is it possible that this letter
can stand for my testimony?
Thank you so much. We look forward to your response.
Sincerely,
Randy Wayne
From: Chris Torres <CTorres@town.ithaca.ny.us>
Sent: Thursday, August 2, 2018 9:43 AM
To: Randy O. Wayne <row1@cornell.edu>
Subject: Town of Ithaca, ZBA Meeting
Mr. Wayne
This is a follow up to our conversation we had over the phone regarding the upcoming
ZBA meeting occurring on the 14th of August. I recommend emailing our Town Clerk,
Paulette Rosa, as she could better assist you with this topic and your question. Her email
is prosa@town.ithaca.ny.us.
Best of luck,
Chris
From:reed@lansingcats.org
To:Paulette Rosa; Paulette Rosa
Cc:Greta; Curtis Dewey; JANETTE RHODES
Subject:Thank you.
Date:Friday, August 10, 2018 4:59:23 PM
Hello, Paulette.
We received the copy of Randy Wayne's comments you mailed. Thank you for
sending. We understand Randy's concerns, as well as those voiced by one
other neighbor. So the Board of Appeals Members understand, we have
spoken with Randy, offered to show him our plans, offered compromises -
effectively searching for a "middle ground" - that could potentially
make all happy, etc. He stood firm. In fact, he would not even look at
our plans.
We did explain to Randy the reasons behind our needs. Our mother is
elderly, physically compromised, and dealing with a melanoma diagnosis.
At 82, and subsequent our father's passing in January 2017, her needs
have increased, making proximity to us desirable, especially in terms of
providing her much needed care. The design Mr. Ralph Varn has helped us
with meets our mom's needs/desires - ground entry level living space,
wheelchair accessibility, walk-in shower, etc., all within a space that
provides her some level of "separation" and independence. Our sincerest
hope is to have her with us for weeks at a time, with intentions to
increase the length of her stays as she ages.
Our sincerest intent in designing the structure was to provide Randy
with the privacy he desires.
Thank you.
Reed and Greta Dewey
Ausu.,2,2018
Town of Ithaca ®
Zoning Board of Appeals
Re:Comments for the meeting on August 14,2018 pertaining to a "accessory
dwelling unit"at 203 Roat Street,Ithaca,NY.
Dear Sirs,
Since I am unable to attend the appeals meeting on August 14^^I've opted to send
my comments for the record.I have lived on Roat Street for 42 years at 209 Roat
Street,two doors down from the potential building request.The neighborhood has
the beauty not found in other areas of the town or the city of Ithaca.The homes are
of a variety in structure but easily are segregated by mature trees.The entire south
side of Roat Street is the Country Club of Ithaca.A wonderful property that enhances
our beauty of the separation of living space.
I've know the 203 Roat Street owners for many,many years.Our children grew up
together and attended grade schools through high school together.The request,
which 1 am opposed to.is not necessary.The property,not counting the house,
has three existing structures.A two stall detached garage basically in badly need of
repair and painting.A large attached structure that was built it seems overnight on
stilts that are used as living space,obtaining utilities from the main house.The
structure is around 10'or less from the neighbors side property line. 1 sure would
like to know how this got Town approval and an inspection should be warranted.It
is breaking the zoning codes now in many ways.Then there is a third building near
the rear of the property that has utilities coming from the main house.This building
also appeared overnight and is around 6'from the neighbors property line.
So I have to ask myself why are we adding yet another building,25'in height,or
about the size of some of the neighbors homes on the street.Could it be that
eventually they want income from a rental unit?Why do we want additional auto
traffic on a small street that doesn't have sidewalks,culverts and cannot even allow
for two small trucks to pass by each other.Or,why is the house being placed in a
location or design that does not follow the zoning rules which are for the good of
ALL Town people.Why is the unit separated from the house and not designed to
attach to the house in the rear of the home?Many other homes,including mine,
followed the building rules and added additional living space to conform to the
Town's codes.
Thank you for allowing me to express my thoughts.I would not agree for this appeal
to be approved.There are other neighbors that have already expressed their
negative opinions.
With respect.
David and Donna Wexler
209 Roat Street
Ithaca,NY 14850
Wex209@gmail.com
607-280-1443
August 8,2018
Dear Zoning Board of Appeals,
This letter is meant to provide comment on the appeal of RalphVarnfor a project at 203 RoatSt.,
Ithaca.This appeal Is scheduled to be heard on Tuesday,August 14,2018.
Myfamily and I are abutters to 203 Roat St. We live next door at 205 Roat St. Since there are already 2
detached structures along the property line we share with 203 RoatSt., it is most likely that this
proposed detached structure will probably be built along the other property line -the one shared with
201 RoatSt. If that isthe case, we would support whatever Randyand Amyhave to say since the
proposed unit looks like it will be very close to their side lot line.
Ifyou have any questions,feel free to call607-266-0831 (home phone- leave a message) or email me
(Nick)at nivl{5)cornell.edu .
Thanks,
Nick Van Eck
205 Roat St.
2.
Joyce Van Eck
Neighbors with variances
309 Roat St – May 15, 2006 2006-035 for a 5’ encroachment for an addition
301 Roat St Carport already existing September 23, 2002
205 Roat February 24, 2003 Deck and attached shed
203 Roat St May 19, 2008 addition to home 7.5’ encroachment
112 Roat St Maintain existing garage
Address:203 Roat St
Parcel ID:71.-5-3
Issue Date Item Type
Town of Ithaca
215 N.Tioga Street
Ithaca,NY 14850
(607)273-1783
Parcel History
Status
ACCESSORY STRUCTURE CLOSED
8/13/2018
00/00 #Olose Date
3/31/1955 PERMIT#:
Garage
5/1/1975 PERMIT#:
Extend patio
7/23/1999 PERMIT#:
LEGACY CLOSED OJtPeSS'^'^
CLOSED "i-LEGACY
Kitchen mod/new 2nd floor deck/porch
8/20/1999 C0#:5400 CO
Description:Kitchen mod/new 2nd floor deck/porch
Final Comments:
ISSUED
5/25/2001 PERMIT#:ACCESSORY STRUCTURE CLOSED
New accessory building
11/7/2002 CO#:5655 CO
Description:New accessory building
Final Comments:
7/15/2003 PERMIT #:LEGACY
New front porch
8/3/2004 CO #:6029 CO
Description:New front porch
Final Comments:
ISSUED
CLOSED
ISSUED
Page 1 of 2
\0
Address:203 Roat St
Parcel ID:71.-5-3
Issue Date Item Type
Town of Ithaca
215 N,Tioga Street
Ithaca,NY 14850
(607)273-1783
Parcel History
Status
5/28/2008 PERMIT#:SINGLE FAMILY RENOVATION CLOSED
Construct 252-sq ft room addition
7/24/2008 PERMIT#:SINGLE FAMILY RENOVATION CLOSED
252 square foot detached room addition
10/2/2008 CO#:8103 CO
Description:252 square foot detached room addition
Final Comments:
ISSUED
11/8/2013 COMPLAl PROPERTY MAINTENANCE CLOSED
Two abandoned cars on the property
6/29/2018 APPLICAT AREA VARIANCE
Detached ADD height and area variances
Page 2 of 2
PENDING
8/13/2018
00/00 #Olose Date