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HomeMy WebLinkAboutZBA Packet 2023-01-10Town of Ithaca Zoning Board of Appeals Tuesday, January 10, 2023, at 6:00pm 215 N. Tioga St. The meeting for the Zoning Board of Appeals will be held in -person, at Town Hall, with the option for the public to also attend by video conferencing through the Zoom App. The public will have an opportunity to see and hear the meeting live and provide comments through the Zoom App. If a member of the public would like to attend the meeting virtually, for viewing purposes only, it is recommended to watch the livestream video on YouTube. AGENDA • ZBAA-22-130 Appeal of David Tat -Ghee & Mavis Ng, owners of 306 Birchwood Drive, Tax Parcel No. 70.40-1.143 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/UCC9yycXkJ6klVlibjhCy7NO/live Questions about accessing the Zoom video conference should be directed to ctorres(c-r�,town.ithaca.ny.us or (607)273-1783 Town of Ithaca Zoning Board of Appeals Tuesday, January 10, 2023 @ 6:00 p.m. 215 N. Tioga St. ZBAA-22-130 Appeal of David Tat-Chee & Mavis Ng, owners of 306 Birchwood Drive, Tax Parcel No. 70.-10-1.143; are seeking relief from Town of Ithaca Code section 270-71 (E)(2) (Yard regulations). Town of Ithaca Code section 270-71 (E)(2) specifies that an accessory building may only occupy space in the rear yard, where an approximate 10.5' x 11.5' accessory building has been placed in the front yard of the property. The property is located in the Medium Density Residential Zone. OTown of Ithaca ZBAA-22-130 Zoning Board of Appeals Area Variance Application Status: Active Applicant Mavis Ng ngmavis20l4@gmail.com 306 BIRCHWOOD DR NORTH ITHACA, NY 14850 6072573178 Applicant's Information Applicant is Property Owner 12/28/2022 Date Created: Nov 12, 2022 Primary Location 306 Birchwood Dr N Unit David Tat-Chee & Mavis Ng Unit David Tat-Chee & Mavis Ng Ithaca, NY 14850 Owner: David Tat-Chee & Mavis Ng 306 Birchwood Dr N Ithaca, NY 14850 Is the primary point of contact for application different than the applicant? No If the applicant is NOT the owner, a letter/email from owner designating the applicant as agent or a copy of the contract with owner's signature will need to be provided. Description Brief Description of Variance Request I would like to keep the shed built in front yard. Area Variance Criteria Form 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? No Reasons: It was a small shed (8'x10') and consistent with the character, style, and color of the existing house and it's neighbors, which was built in the 1970's at the same time when the neighborhood was developed. 2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance? No Reasons: The alternative is to tear it down, which will result in lack of storage space for our lawn and snow equipment. 3. Is the requested variance substantial? No Reasons: It is not large and does not affect the living of our neighbors. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? No Reasons: It is a storage shed and we keep it very clean. 5. Is the alleged difficulty self-created? Yes Reasons: I have lawn and snow equipment to take care of my property and need a storage space to keep them. Affidavit 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. Digital Signature Mavis Ng 11/08/2022 We built a storage shed in the front yard right next to the driveway, where we can store a heavy snowblower and other yard equipment. The storage shed is relatively small in size (10' by 11'), is situated on top of a wooden platform, and is not fixed to the ground. The code requires the shed to be built on the back or the side. However, the snowblower that we use to plow the driveway is very heavy. Our backyard and our side yard are on a hill, and there is a big step. It is extremely difficult to move the snowblower back and forth between the driveway and the storage. So we would like to apply for a variance to put the storage in the front yard near the driveway. �HOVSE �o.avw ;GRDW) o r9.i ro:� o %CpniC� ' GDNC. 0.363 fFCR� + v� r , 3 Birc�wooc� a-��e /Uorr�, I HAJEK 81 LIEBHERR TOWN OF ITHACA (R.O.) (R.O.) I 1i's'LYP8 1 S 82° 301 W 1131 TOTAL 4" W' LY OF CORNER �! RICHARD D.& CYNTHIA VOGEL DEEDS BOOK 663, PAGE 294 TAX MAP PARCEL No. 70 -10 -1.143 WOOD PRIVACY FENCE 0 J O c I— z p 2 O D5 Q � Q 0 M� Ir 0 O ti z C RESE TO O — �-BEGIN- N be- SU W 116 S 82° 30' E 120' FROM E'LY g BIRCHWOOD DRIVE SALEM DRIVE OF NE* K i 4�'F,y�o° 88�9M SURVEY MAP No, 306 BIRC HWOOD DRIVE TOWN OF ITHACA TOMPKI NS COUNTY, NEW YO RK "ALE I 201 MAY 4, 1998 R ON STAKE (60' WIDE) r— c m z M SUBJECT TO A GAS PIPE- LINE EASEMENT TO NYSEG IN DEEDS BK 404 AT PAGE 479 AS IT MAY AFFECT THE PROPERTY tkw.tbrlsid al a►ttlew er addlllin to • wrwy . ay ,Molly a Ilasnsed /W ewveyer'e eaal le a elelallan d eaallen 17W,n1-dlealw w»allen Lf,a/ lM IYa wok hatsLaw. O.ly ogles /rea Iha erlfInal of Ma euovq urkad Yl lh en erl11INI of Ilu IaN wrwyer'a eekwaed coat Mall be awaidered to be eatld 4. O PIX CERTIFICATION AGENCYCL L.0 ,HA RIBEACHSB WItKCO LLP SpKAHP HA TpppT `INSRABSTRACB that I� am a licensed land surveygrrNew York Stake License No. 38194rand that this map correctly delineates an actual survey on the ground wade by me or under my direct supervision; that it was prepared In accordance with the current code of practice for land title -surveys adopted by the New York State Association of Professional Land Surveyors; and that I found no visible encroachments either way across property lines except as shown hereon. SIGNED:. �•�� DATED: MAY 4 , 1998 BEET LINE NOT VALID UNLESS SIGNED IN RED Short Environmental Assessment Form Part I - Project Information Instructions for Comaletine Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Name of Action or Project: r 1 / lo4ak StclrrtQ-e S// '1�IX ;fin #e c(1-tVL9w- neK7 10 Oct, ✓ {�to Project Location (describe, and attach a location map): Brief Description of Proposed Action: f V✓2 4'v� a. iOJ Si�iJ+�Jb%a r ,o LcJ�- a_ k�_ e rx s ,ram f s I a i h v u -f ,/o►j.��d r►�� f` vle,�� try2 cf •� v2�a -rax"c- Sna ra � 7LD C4 r -t(e CP?Qw,11t4ere , Name of Applicant or Sponsor: Telephone: 6 Z (- L S' C- 6 �� Z �j M a vll NJ E-Mail: ct� � ' M �✓l S Zo yy, cz � Address: 3v6 g�rclwa�k .�Y �� (f(r�cQ N City/PO: State: �y Zip Code: Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑ ❑ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: ® ❑ 3 a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on, are adjoining or near the proposed action: ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial M Residential (suburban) Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑ Parkland Page 1 of 3 SEAF 2019 '!�A .-1 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ❑ ❑ ❑ ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES ❑ �j' LJ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES ❑ ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES PT F el ❑ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 9❑ 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES LJ ❑ 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES ❑ ❑ 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES ❑ ❑ ❑ ❑ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES ❑ ❑ ❑ ❑ Page 2 of 3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES ❑ ❑ Is the project site located in the 100-year flood plan? NO YES ❑ ❑ 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES Eu Ela. 11� ❑ 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: NO YES ❑ 1.9. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE tzlo 2- Applicant/sponsor/name: Date: Signature: Title: PRINT FORM Page 3 of Code Enforcement Permit Email O Remove Comment • Nov 14.2022 at 12:10 pm .". Hello. In briefly looking over your application, it appears that the following items still need attention. 1. Clarification and revised documents relating to the dimension of the shed. The application refers to the shed as 8' x 10' while the narrative has 10' x 11' and the survey and/or plot plan has from what I can tell, 9' x 10.5'. 2. Submission of part one of the Short Environmental Assessment Form which can be completed using the following link, htt ps: //www.dec. ny.gov/docs/permits_ej-operations-pdf/Seafpartone. pdf Best. Chris 0 Mavis Ng Remove Comment • Nov 14.2022 at 2:32 pm Dear Chris. We are very sorry about the confusion. As final measurement, the shed is 10.5' x 11.5'. The 9' is from the boundary to the shed. We can revise the plot plan if that'd be easier. Please let us know. Also. for the Short Environmental Assessment, we will get it done as soon as possible. Thank you so much!