HomeMy WebLinkAboutZBA Packet 2022-08-10Town of Ithaca
Zoning Board of Appeals
Wednesday August 10, 2022 6:00pm
215 N. Tioga St.
Due to public health and safety concerns related to COVID-19 and NYS Legislation allowing
virtual meetings. The Public Hearing meeting for the Zoning Board of Appeals will be held by
video conferencing through the Zoom App with no in-person attendance permitted. The public
will have an opportunity to see and hear the meeting live and provide comments through the
Zoom App. If the public would like to attend the meeting for viewing purposes only, it is
recommended to watch the livestream video on YouTube.
Agenda
0017-2022 Appeal of Francesco Raponi, owner of 122 Eastern Heights Drive, Tax
Parcel No. 57.-1-8.111
INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON ZOOM:
If you have a computer, tablet, or smartphone, you can access the Zoom meeting by going to
www.zoom.us and clicking on “JOIN Meeting”, and entering 852-5587-1576 into the
Meeting ID. You can also call in to the Zoom meeting at +1 (929) 436-2866. To join the
meeting directly, go to https://us06web.zoom.us/j/85255871576. If joining through the Zoom
App, you will be placed on hold until the meeting starts.
INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON YOUTUBE: If you have
a computer, tablet, or smartphone, you can access the meeting by going to the Town’s
YouTube channel. To join the meeting directly, go to
https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live
Questions about accessing the Zoom video conference should be emailed to
ctorres@town.ithaca.ny.us or (607) 273-1783 ext.2.
Town of Ithaca
Zoning Board of Appeals
Wednesday, August 10, 2022 @ 6:00 p.m.
215 N. Tioga St.
0017-2022 Appeal of Francesco Raponi, owner of 122 Eastern Heights Drive, Tax Parcel No. 57.-1-
8.111, is seeking relief from Town of Ithaca Code section 270-71C (Yard regulations). Town of Ithaca
Code section 270-71C. requires a side yard setback of 15 feet in width, measured to the side property
boundary line, where the applicant is proposing reduce the side yard setback to approximately 10 feet.
The current property is located in the Medium Density Residential Zone.
Zoning Board of Appeals Application - (Area Variance)
Information
Department of Code Enforcement
607-273-1783
codes@town.ithaca.ny.us
Fee Information:
Area Variance Appearance Fee - $150.00
(If multiple variances are being applied for, only 1 fee is required per appearance, higher fee prevails)
To view the Fee Schedule, please click here
Fees can only be paid by check, cash or money order. Payment is due at the time of application submission.
Fees can be mailed to Town Hall, 215 N. Tioga St Ithaca, placed in the locked drop box at the Buffalo St. entrance or delivered to
Town Hall during regular business hours 8am-4pm M-F.
The application will not be processed or reviewed until we are in receipt of the
payment.
IMPORTANT: You must have applied for a building, sign, or other required permit and received a determination/denial from Code
Enforcement Staff or a referral from the Town of Ithaca Planning Board prior to submitting this application form.
Property Address
Tax Parcel No.
Property Owner(s)*
Owner(s) Mailing Address
Owner(s) Primary Phone Number
Owner(s) Email Address
Applicant's Name *
Brief Description of Variance Request *
Property Information
122 Eastern Heights Dr.
Ithaca, NY 14850
If unknown, type "N/A"
Francesco Raponi
122 Eastern Heights Drive
(607)-351-6498
(xxx) xxx-xxxx
raponifrank@gmail.com
N/A
If the applicant is the owner, please type "N/A"
Construction of an attached garage. The back corner will be approximately 5 feet past the 15 foot side yard setback, but
the vast majority of the garage will be within the Town of Ithaca parameters as the construction moves away from the
neighbor's property as you build down our driveway towards eastern Heights DR.. I received approval from our
neighbors Greg and Betsy Cox at 124 Eastern Heights Dr. as the garage on their property is the closest structure they
have to our property and our new construction would not interfere with their privacy.
Additional Information on the Criteria for Variances
AREA VARIANCE:
In making its determina on, the zoning board of appeals shall take into considera on 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 determina on the board shall also consider:
a. 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;
b. Whether the benefit sought by the applicant can be achieved by some other method, feasible for the applicant to pursue, other
than the area variance;
c. Whether the requested area variance is substantial;
d. Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district; and
e. Whether the alleged difficulty was not self-created
NOTE: Chapter 270-235J of the Town of Ithaca Code:
Unless work has commenced in accordance with the variance or special approval given by the Zoning Board of Appeals within
one year from the issuance of the building permit authorizing such work, or within 18 months of the granting of such variance or
special approval, whichever is earlier, not only the building permit but the variance or special approval shall expire and the
permissible uses and construction on the property shall revert to those in effect prior to the issuance of such special approval or
variance.
Additional Information on the Criteria for Variances
Area Variance Criteria Form
a. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby
properties?
*
Reasons:
b. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?
*
Reasons:
c. Is the requested variance substantial?
*
Reasons:
d. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?
*
Reasons:
e. Is the alleged difficulty self-created?
*
Area Variance Criteria Form
Yes No
There will be no detriment to nearby properties. Both sets of neighbors closest to us at 124 Eastern Heights Dr. and
across the street at 121 Eastern Heights Dr. have attached two car garages on their homes as well. This new
construction will add beauty and value to our home and to the character of the neighborhood.
Yes No
Due to minimum size requirements for a 2 car garage, the back corner of the new construction would move closer to 10
feet from the property line. With the garage being attached to the home, it cannot be moved any closer to our home or
shortened in width without decreasing functionality. As I explained in the previous question, it would only be a small
section of the back corner that would be closer to 10 feet and would be within the 15 foot setback not long after you
move towards the road. If I were to approximate, it seems as if 90% of the project is within the 15 foot Town of Ithaca
setback parameter.
Yes No
The new garage being built would sit in roughly the same spot as the existing driveway on the side of our house. The
adjacent property has a side lawn next to their garage that meets our side lawn. As I've stated in part b above, roughly
90% of the project is within the 15 foot side yard setback and is neighbor approved.
Yes No
The new structure would have no adverse physical or environmental impact on our neighborhood. There will be no
plumbing involved that could affect groundwater. There will be sufficient drainage built into the project as well to prevent
any kind of flooding from rainfall or snow melt.
Yes No
Reasons:
The home was built in the early 1970s and was not built with a garage. For example, Wash and Wendy Wolfe, our
neighbors across the street at 121 Eastern Heights Dr. had a 2 car garage added to their home as well about 20 years
ago. Our home, like theirs, is centered on the property and the previous builder/owners over the last 50 years, at least
with our property, did not plan for a garage nor plan for a garage with the current side setback parameters.
Additional Documents
In addition to the application, the following documentation should be submitted:
- A copy of the determination/denial letter from Code Enforcement or the Planning Board resolution referring the project to the
Zoning Board of Appeals, and
*
- A narrative describing your project, including the present circumstances under which strict observance of the Town Code would
impose practical difficulties and/or unnecessary hardship, along with the other criteria for a use variance, area variances, sign
variance, or sprinkler variance. Refer to the attached sheet “Information on the Criteria for an Area or Use Variance, "which
explains what you as an appellant need to prove and that which the Zoning Board will consider. Complete the applicable criteria
form (area, use, sign, or sprinkler), and
*
- A current survey map and any other plans that will clearly and accurately illustrate your proposal. The survey should include
dimensions, setback lines, and any natural features on or immediately adjacent to the site; such as streams, ponds, woodlands,
wetlands, etc. Height variance requests require scaled elevation drawings with accurate dimensions showing both the exterior and
interior proposed heights. The submission of floor and utility plans should be included when construction is involved. In some
cases, these plans may be the same plans submitted to the Code Enforcement Department which caused the determination or
denial, and
*
- If the property is located within a Tompkins County Agricultural District, submit a County "Agricultural Data Statement" form.
Maps showing these districts are located on the Town website www.town.ithaca.ny.us and at Town Hall, and
*
- Similarly, if the property has a stream on it, the survey map needs to show the distance of the stream to the property line as it
may need to comply with the Town’s Stream Setback Law. (See staff for more details)
*
- A completed SHORT or FULL Environmental Assessment Form. All applications require an Environmental Assessment Form
(exception--area variance where a residential building setback is involved). There are some cases where a full Environmental
Assessment Form will be required; in this case, a Zoning staff member will let you know. Either form can be completed online at
www.dec.ny.gov.
*
If you have documents larger than 11" x 17", tabloid size, we will need 8 hard copies of those documents. One copy can
be provided in the original packet and we will notify you when to submit the hard copies.
Upload Supporting Documents Here
Additional Documents
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Project Narrative - 122 Eastern Heights
Dr,.docx 14.16KB
Raponi Survey.pdf 803.28KB
Building Permit Rejection Email.docx 14.76KB
20 MB limit, please email additional files to codes@town.ithaca.ny.us
Signature Page
The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals.
By filing this application, I 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.
I acknowledge, that completed applications are scheduled on a first-come first-serve basis and that all documents ideally be
submitted forty-five (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so
may result in a delay in my hearing.
Application Completed By *
Signature *
Date *
Owner Other
Property Manager
6/17/2022
6/17/22
Francesco Raponi
Darcylynn Hermann Raponi
122 Eastern Heights Dr.
Ithaca, NY 14850
Project Narrative:
The proposed project is a 2-story attached garage. Our home was built in the early
1970s and did not include a garage. We would love to be able to park our cars
inside, have additional storage and increase our living area upstairs.
As a result of the existing home’s location on the property, a small portion (back
right corner) of the proposed construction would extend approximately 5 feet
beyond the permitted 15 foot side setback due to the angle of the property line.
The vast majority of the project falls within the 15 foot parameter and will sit
where our existing driveway is located.
The adjacent property at 124 Eastern Heights Dr. has a side lawn that meets our
side lawn at the property line. The closest structure our neighbors have is their
garage. The proposed project was approved by our neighbors Greg and Betsy Cox.
The project has no negative impacts on neighbor privacy, health, safety, character,
welfare or environment in our neighborhood/community in any way.
Due to the existing home’s angle to the property line and the footprint of the
driveway where the structure would sit, there is no other method to achieve our
goal of a basic 2 car garage without going over the setback parameter by a few feet
in the back right hand corner. And since the livable space at the adjacent property
(124 Eastern Heights Dr.) is nowhere near the side property line and probably 90%
of the structure will fall within the 15 foot setback , we feel as if our request is
minimal and is potentially approvable by the Town of Ithaca’s variance board.
We would greatly appreciate your approval for this project. Construction will
commence and be completed in accordance with Chapter 270-235J of the Town of
Ithaca Code in reference to the potential date of issuance. Thank you for your
consideration in this regard,
Sincerely,
Francesco Raponi and Darcylynn Hermann Raponi
From: Martin Kelly
Sent: Monday, May 23, 2022 4:21 PM
To: Jeremy Knout <jeremy.gibbonscs@outlook.com>; gibbonscs@outlook.com
Cc: Martin Kelly <MKelly@town.ithaca.ny.us>
Subject: 122 Eastern Heights Dr. - Building Permit Denial For House Addition
Mr. Knout,
I've done a preliminary review of the Building Permit Application you submitted for an addition
on Francesco & Darcy Raponi's house, at 122 Eastern Heights Dr. Would you please send me
their email address' so I may send this email directly to them, since all Permits in the Town are
issued to the property owner, not the contractor.
The plans call for a $100,000 project, which will require detailed plans stamped & signed by an
architect, or engineer, as per Title VIII of the NYS Education Law.
Also, as proposed, I cannot approve this project - the addition would come with 10 feet of the
property line, but this is in a Town of Ithaca Medium Density Residential Zone, which requires a
least a 15 foot side setback from the property line as noted below:
Town of Ithaca, NY / Part II, General Legislation / Zoning
Article IX Medium Density Residential Zones
270-71 Yard regulations. 270-71 Yard regulations.
In Medium Density Residential Zones yards of at least the following dimensions are required:
A.
Front yard: Not less than the average depth of the front yards of buildings on lots immediately
adjacent. However, the front yard depth shall not be less than 25 feet or need it be greater than
50 feet.
B.
Rear yard: Not less than 30 feet in depth.
C.
Side yards: Each not less than 15 feet in width.
[Amended 8-13-2012 by L.L. No. 11-2012]
You may apply for a Variance of the Zoning through the Town Zoning Board of Appeals, and
this rejection email would be part of that process. The description of the process can be found
at:
https://docs.google.com/viewer?a=v&pid=sites&srcid=dG93bi5pdGhhY2EubnkudXN8cHJvdG90
eXBlfGd4OjViNzBmODAzZmU0ODFmNjU.
Sincerely,
Martin Kelly
Electrical/ Building Code Enforcement
E: MKelly@town.ithaca.ny.us
W: www.town.ithaca.ny.us
Town of Ithaca
215 N. Tioga St
Ithaca, NY 14850
607.273.1783
1
Chris Torres
From:Karen Milligan <cayugalily@gmail.com>
Sent:Wednesday, August 10, 2022 8:57 AM
To:Chris Torres
Subject:Fwd: 0017-2022 Appeal Francesco Raponi 122 Eastern Heights Drive Tax Parcel No
57.-1-8.111
Follow Up Flag:Follow up
Flag Status:Flagged
My understanding after speaking with adjoining neighbor/owner at 121 Eastern Heights Drive is that the purpose for
the variance is to build garage(s) and extend house over said addition.
It is not to build a new driveway to accommodate more cars for renters.
It is due to owner turning the duplex into a one family home.
It is to correct the original surveying which is due to commonly known poor surveying of parcels when the
subdivision was built.
If my information is true to facts then I see no reason to deny the variance.
Karen S Milligan
119 Eastern Heights Drive
POB 4982
Ithaca, NY 14852
1
Chris Torres
From:Wash Wawrzynek <washwawr@gmail.com>
Sent:Saturday, August 6, 2022 12:39 PM
To:Chris Torres
Subject:Zoning appeal 0017-2022
Follow Up Flag:Follow up
Flag Status:Flagged
August 6, 2022
Town of Ithaca Zoning Board
215 N. Tioga St.
Ithaca, NY 14850
Ref: 0017-2022, Appeal of Francesco Raponi, Tax Parcel No. 57.-1-8.111
Dear Zoning Board Members,
We live directly across the street from Mr. Raponi. We understand what he hopes to
construct and the zoning variance he is proposing. We have absolutely no objections to the
variance and encourage the board to approve it.
Sincerely,
Paul Wawrzynek & Wendy Wolfe
121 Eastern Heights Dr.
Ithaca, NY 14850