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Home My WebLink AboutZBA Packet 2024-04-23Page 1 of 2 Town of Ithaca Zoning Board of Appeals Tuesday April 23, 2023, at 6:00pm 215 N. Tioga St. AGENDA  ZBAA-23-31 Appeal of EZC Carolinas LLC, owners; Mark Martinek, Agent; of 4 Schickel Road, Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code section 270-61 (Building area). Town of Ithaca Code 270-61 allows for a maximum building area of 10%, where the proposed building area would be increased to approximately 14%. The property is located in the Low-Density Residential Zone, Tax Parcel No. 36.-2-14  ZBAA-24-4 Appeal of Linda Copman Rev. Trust, owner of 210-212 Forest Home Dr, Ithaca, NY, 14850; Johannes Dulfer, applicant agent; is seeking relief from Town of Ithaca Code sections 270-71 which requires a side yard setback, from the side yard boundary lot line, of 15 feet, where Parcel A identifies a side yard setback of approximately 6.6’. Town of Ithaca Code section 270-73 requires a minimum width (at the maximum required front yard setback line) of 100’, where Parcel A is proposing a width of, approximately, 95’ and Parcel B is proposing a width of, approximately, 50’ for measured at the at the maximum required front yard setback line. Town of Ithaca Code section 270-73 requires a minimum lot area of 15,000 square feet, where parcel B is proposed to be approximately 9,218 square feet. The property is located in the Medium-Density Residential Zone, Tax Parcel No. 66.-2-13.  ZBAA-24-5 Appeal of Chris Oliver owner of 517 Elm Street Extension, Ithaca, NY 14850; is seeking relief from Town of Ithaca Code section 270-71 (Yard regulations) E. (2) (Accessory buildings) to have two accessory buildings remain in (east) side yard. Town of Ithaca Code 270-71 E. (2) requires accessory buildings to occupy a rear yard. The property is located a Medium-Density Residential Zone, Tax Parcel No. 29.-7-7 Page 1 of 2 Town of Ithaca Zoning Board of Appeals Tuesday April 23, 2023, at 6:00pm 215 N. Tioga St. AGENDA  ZBAA-23-31 Appeal of EZC Carolinas LLC, owners; Mark Martinek, Agent; of 4 Schickel Road, Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code section 270-61 (Building area). Town of Ithaca Code 270-61 allows for a maximum building area of 10%, where the proposed building area would be increased to approximately 14%. The property is located in the Low-Density Residential Zone, Tax Parcel No. 36.-2-14  ZBAA-24-4 Appeal of Linda Copman Rev. Trust, owner of 210-212 Forest Home Dr, Ithaca, NY, 14850; Johannes Dulfer, applicant agent; is seeking relief from Town of Ithaca Code sections 270-71 which requires a side yard setback, from the side yard boundary lot line, of 15 feet, where Parcel A identifies a side yard setback of approximately 6.6’. Town of Ithaca Code section 270-73 requires a minimum width (at the maximum required front yard setback line) of 100’, where Parcel A is proposing a width of, approximately, 95’ and Parcel B is proposing a width of, approximately, 50’ for measured at the at the maximum required front yard setback line. Town of Ithaca Code section 270-73 requires a minimum lot area of 15,000 square feet, where parcel B is proposed to be approximately 9,218 square feet. The property is located in the Medium-Density Residential Zone, Tax Parcel No. 66.-2-13.  ZBAA-24-5 Appeal of Chris Oliver owner of 517 Elm Street Extension, Ithaca, NY 14850; is seeking relief from Town of Ithaca Code section 270-71 (Yard regulations) E. (2) (Accessory buildings) to have two accessory buildings remain in (east) side yard. Town of Ithaca Code 270-71 E. (2) requires accessory buildings to occupy a rear yard. The property is located a Medium-Density Residential Zone, Tax Parcel No. 29.-7-7 Town of Ithaca 4/15/2024 ZBAA-23-31 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 12/10/2023 Primary Location 4 Schickel Rd Unit EZC Carolinas LLC Ithaca, NY 14850 Owner EZC Carolinas LLC 21525 Sandy Cove Rd Cornelius, NC 28031 Applicant Mark Martinek 231-735-1271 mark@greenscenelg.com 2079 Dryden Rd Freeville, NY 13068 Internal Only-Review Tax Parcel No. 36.-2-14 Is Planning Dept. Approval Required? No Is Engineering Dept. Approval Required? Yes Is a GML-239 Review Required? Yes GML-239 Reason for Review* The right of way of any existing or proposed county or state road Type of Variance Area Variance Appearance Date for Variance 1/23/24; 2/27/24; 3/26/24; 4/23/24 ZBAA-23-31 about:srcdoc 1 of 16 4/15/2024, 11:09 AM Variance Code Language ZBAA-23-31 Appeal of EZC Carolinas LLC, owners; Mark Martinek, Agent; of 4 Schickel Road, Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code section 270-61 (Building area). Town of Ithaca Code 270-61 allows for a maximum building area of 10%, where the proposed building area would be increase to approximately 14%. The current property is located in the Low-Density Residential Zone, Tax Parcel No. 36.-2-14 Variance Code Section 270-61 Internal Tasks to be Completed Meeting Result (First Appearance) Adjourned Meeting Result (Second Appearance) Adjourned Is Applicant Ready to Re-Appear? Yes Additional Meeting is Additional Meeting with Public Hearing Materials For GML-239 Were Sent 01/08/2024 Deadline for Hearing Notice to Journal 4/11/24 Public Hearing Notice Was Sent 04/11/2024 Neighbor Notification Letters Were Sent 04/15/2024 Date Sign Was Picked-up 03/08/2024 Material Packets Sent to ZBA Members 04/15/2024 ZBAA-23-31 about:srcdoc 2 of 16 4/15/2024, 11:09 AM Historical Only Address affiliated with request Status Applicant's Information Applicant is* Contractor 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* Looking to get a variance for the construction of a 20x20 detached Garage. Variance is for the building area to exceed 10%. Building does have 1' overhangs. 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 ZBAA-23-31 about:srcdoc 3 of 16 4/15/2024, 11:09 AM Reasons: I do not believe so. The Storage Building will be in the backyard and mostly not visible. 2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?* No Reasons: The existing home is built on a slab and had no stage. The existing garage is big enough to hold the 2 vehicles and then has no storage. 3. Is the requested variance substantial?* No Reasons: I this the are variance I am applying for is 341 sq ft. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No Reasons: I do not believe so. The storage building will be in the backyard and mostly not visible. ZBAA-23-31 about:srcdoc 4 of 16 4/15/2024, 11:09 AM 5. Is the alleged difficulty self-created?* No Reasons: When the property was purchase, there was no storage for any lawn equipment or outside furniture. 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* Mark Martinek Dec 10, 2023 Meeting Date 02/27/2024 ZBAA-23-31 about:srcdoc 5 of 16 4/15/2024, 11:09 AM COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. January 16, 2024 Lori Kofoid, Administrative Assistant IV Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: Area Variance for proposed storage building located at 4 Schickel Road, Tax Parcel #36.-2-14, EZC Carolinas LLC, Owner; Mark Martinek, Applicant. Dear Ms. Kofoid: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability Narrative for The Area Variance for the Storage Building at 4 Schickel Rd We are seeking the variance to be able to construct a 28x26 Detached Garage in the Backyard. The existing home has no storage for lawn tools, lawn machinery, outside furniture, Trailer with ATV and UTV, Shop area etc. The home is built on a cement slab. (No Basement) The existing attached garage is 22x20. It will fit the 2 cars, but has no room for anything else. We would like to build the storage building to store Lawn Equipment and Tools, Outdoor Furniture, Atv’s, Have a Workshop and etc. Page 1 of 2 Town of Ithaca Zoning Board of Appeals Tuesday April 23, 2023, at 6:00pm 215 N. Tioga St. AGENDA  ZBAA-23-31 Appeal of EZC Carolinas LLC, owners; Mark Martinek, Agent; of 4 Schickel Road, Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code section 270-61 (Building area). Town of Ithaca Code 270-61 allows for a maximum building area of 10%, where the proposed building area would be increased to approximately 14%. The property is located in the Low-Density Residential Zone, Tax Parcel No. 36.-2-14  ZBAA-24-4 Appeal of Linda Copman Rev. Trust, owner of 210-212 Forest Home Dr, Ithaca, NY, 14850; Johannes Dulfer, applicant agent; is seeking relief from Town of Ithaca Code sections 270-71 which requires a side yard setback, from the side yard boundary lot line, of 15 feet, where Parcel A identifies a side yard setback of approximately 6.6’. Town of Ithaca Code section 270-73 requires a minimum width (at the maximum required front yard setback line) of 100’, where Parcel A is proposing a width of, approximately, 95’ and Parcel B is proposing a width of, approximately, 50’ for measured at the at the maximum required front yard setback line. Town of Ithaca Code section 270-73 requires a minimum lot area of 15,000 square feet, where parcel B is proposed to be approximately 9,218 square feet. The property is located in the Medium-Density Residential Zone, Tax Parcel No. 66.-2-13.  ZBAA-24-5 Appeal of Chris Oliver owner of 517 Elm Street Extension, Ithaca, NY 14850; is seeking relief from Town of Ithaca Code section 270-71 (Yard regulations) E. (2) (Accessory buildings) to have two accessory buildings remain in (east) side yard. Town of Ithaca Code 270-71 E. (2) requires accessory buildings to occupy a rear yard. The property is located a Medium-Density Residential Zone, Tax Parcel No. 29.-7-7 Town of Ithaca 4/8/2024 ZBAA-24-4 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 2/13/2024 Primary Location 210 Forest Home Dr Unit Linda Copman Rev Trust Ithaca, NY 14850 Owner Linda Copman Rev Trust Forest Home Dr 210 Ithaca, NY 14850 Applicant Johannes Dulfer 315-212-7357 ext. 00000 johan@ithacahomesource.com 119 E. Buffalo St. Ithaca, NY 14850 Internal Only-Review Tax Parcel No. 66.-2-13 Is Planning Dept. Approval Required? Yes Is Engineering Dept. Approval Required? Yes Is a GML-239 Review Required? Yes GML-239 Reason for Review* The right of way of any existing or proposed county or state road Type of Variance Area Variance Appearance Date for Variance 4/9/24 ZBAA-24-4 about:srcdoc 1 of 9 4/8/2024, 9:50 AM Variance Code Language ZBAA-24-4 Appeal of Linda Copman Rev. Trust, owner of 210 Forest Home Dr. , Ithaca, NY, 14850; Johannes Dulfer, applicant agent; is seeking relief from Town of Ithaca Code sections 270-71 (Yard Regulations), 270-73 (Size and area of lot), and 270-227B (Parking facilities). Town of Ithaca Code section 270-71 requires a side yard setback, from the side yard boundary lot line, of 15 feet, where Parcel A identifies a side yard setback of approximately 6.6’. Town of Ithaca Code section 270-73 requires a minimum width (at the maximum required front yard setback line) of 100’, where Parcel A is proposing a width of, approximately, 95’ and Parcel B is proposing a width of, approximately, 50’ for measured at the at the maximum required front yard setback line. Town of Ithaca Code section 270-227B requires two off-street parking spaces to be provided, where Parcel A is proposing to locate the parking in the road right of way. The current property is located in the Medium-Density Residential Zone, Tax Parcel No. 66.-2-13. Variance Code Section 270-71, 270-73, 270-227 Internal Tasks to be Completed Meeting Result (First Appearance) – Materials For GML-239 Were Sent 02/20/2024 Deadline for Hearing Notice to Journal 3/28/24 Public Hearing Notice Was Sent – Neighbor Notification Letters Were Sent 04/01/2024 Date Sign Was Picked-up – Material Packets Sent to ZBA Members – ZBAA-24-4 about:srcdoc 2 of 9 4/8/2024, 9:50 AM Historical Only Address affiliated with request Status Applicant's Information Applicant is* Owner's Agent 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* Home Owner is requesting to subdivide the lot at 210 Forest Home drive into two separate lots: Variances are needed 1. 30,000 sq ft for two lots and will only have 25,462 +/-. 2. Minimum width for both lots is 200 ft and we only have 143 +/-. 3. The distance between porch and the carriage house is only 28 ft. 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 ZBAA-24-4 about:srcdoc 3 of 9 4/8/2024, 9:50 AM Reasons: The property would revert back to its original layout from prior to March 1990 and would continue to be used the same way it always has been. 2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?* No Reasons: Existing structures prevent this from being possible, as per Ian Sheivel, surveyor 3. Is the requested variance substantial?* No Reasons: 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No Reasons: Use of both structures on the property would not change ZBAA-24-4 about:srcdoc 4 of 9 4/8/2024, 9:50 AM 5. Is the alleged difficulty self-created?* No Reasons: Existing structures prevent this from being possible, as per Ian Sheivel, surveyor 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* Johannes Dulfer Feb 13, 2024 Meeting Date 03/26/2024 ZBAA-24-4 about:srcdoc 5 of 9 4/8/2024, 9:50 AM 1 of 2 Monday, February 12, 2024 at 11:42:33 Eastern Standard TimeMonday, February 12, 2024 at 11:42:33 Eastern Standard Time Subject:Subject:Re: Working on the application Date:Date:Sunday, February 11, 2024 at 9:57:41 PM Eastern Standard Time From:From:Linda Copman To:To:Johan Dulfer Attachments:Attachments:image002.jpg, survey.pdf Aloha Johan, I hereby designate you as my agent to act on my behalf to communicate with the Town of Ithaca Board of Appeals and Planning Board regarding my application to subdivide 210 and 212 Forest Home Drive into two separate parcels. Sincerely, Linda Copman, Trustee Linda Copman Revocable Trust I'm not sure when the screened porch was first built but it was part of the house when I purchased it in August 2013. See the attached survey Ian prepared for the sale. Aloha, Linda On Sun, Feb 11, 2024 at 4:20 PM Johan Dulfer <Johan@sellsyourproperty.com> wrote: Hello Linda, Would you please help me with the following: 1. I need a shot statement from you designating me as your agent in communicating with the town of ithaca zoning board of appeals. 2. Can you tell me when the porch at 210 was built exactly? Thank you! Johan 2 of 2 Town of Ithaca Zoning Board of Appeals Re: 210 Forest Home DriveA/ariance Request 2/13/24 For the project to subdivide 210 Forest Home Drive into two parcels (210 and 212 Forest Home Drive), we are seeking approval from the town of Ithaca. Based on the work we had commissioned through Ian Sheivel and the survey that was done subsequently, we anticipate needing the following variances: 1) We need 30,000 square feet for two lots and only have 25,462+/- 2) Minimum width for both lots Is 200 feet and we only have 143 +/- 3) The distance between porch and the carriage house is only 28 feet Sincerely, Johan Dulfer, Licensed Associate RE Broker (agent of owner Linda Copman) WARREN RDF O R E S T H O M E D R HALCYON HILL RD NYS ITS Geospatial Services ´ LOCATION MAPCopman 2-lot Subdiivision210-212 Forest Home DriveTax Parcel No. 66.-2-13Planning Board, March 19, 2024 210-212 Forest Home Drive ±0 50 10025 Feet Planning sta site visit – 210/212 Forest Home Drive – property pictures Front of property facing Forest Home Drive (carriage house is in picture below). Note the two cars parked along the frontage, and the three “private parking” signs. Although this technically provides parking for the main house, it does not provide the required “o street” parking (the parking shown is in the road right-of-way, so it’s not legally o the street). Another frontage picture – carriage house with access drive adjacent to main house. Proposed subdivision will result in carriage house (#212) retaining existing access drive and parking space inside site. Planning sta site visit – 210/212 Forest Home Drive – property pictures View of property facing northeast View of property facing southwest TOWNOFITHACANEWYORKDEPARTMENTOFPUBLICWORKS114SevenMileDrive,Ithaca,NY14850Phone:607-273-1656Fax:607-882-2472Roads,Parks,Trails,Sewer,andWaterwvvw.town.ithacafly,usTo:TownofIthacaZoningBoardRe:#210ForestHomeDrive—VarianceforOff-StreetParkingDearTownofIthacaZoningBoard:IthasbeenbroughttomyattentionthatthereisavariancerequestrelatedtoTownofIthacaCodeSection270-227(b),tonotrequireoffstreetparkingaspartofasubdivisionofthepropertylocatedat#210ForestHomeDrive,TownofIthacaTaxMap#66-2-13.AlthoughtherehavebeennorecordsofcomplaintsfiledtotheTownofIthacaDepartmentofPublicWorks(DPW)forthecarsthatarecurrentlyutilizingtheonstreetparkingintheTown’spublicright-of-wayinthisarea,TownofIthaca‘ocallaw250-21(a)defines“anyvehicleparkedorabandonedonanyhighwaywithintheTownofIthacathathindersorimpairstheabilityofthepersonneloftheTownofIthaca,oranyothergovernmentalagency,torespondtoasnowstorm,flood,fireorotheroccurrencetowhichapromptresponseisnecessaryordesirable,mayberemovedbytheTownofIthaca.”Additionally,thereisa“nostanding”ordinanceintheroadrightofwaystartingonthewesternsideofthepropertyanda“noparking”ordinanceacrossfromtheresidenceonForestHomedrivethatwasinitiallyimplementedbytheStatesometimeinthe1970’swhenForestHomewasaStatehighway.ItshouldalsobenotedthattherehavebeenseveralrequestsfromtheForestHomeImprovementAssociation(FHIA)fortheinstallationofsidewalksthroughoutthehamletofForestHome.Ifthisrequestisevergrantedthevariancetoomiton-siteparkingfor#210ForestHomewouldcreateadditionalhardshipsforvehicleparkingforthepropertyowner.Iamrecommendingthatavariancenotbegrantedforthisrequestduetothereasonsabove.JosphSlaterTownofIthaca—HighwaySuperintendentIthaca,NY14850 Subdivision of 210 Forest Home Drive into two parcels: 210 and 212 Forest Home Drive 210 Forest Home Drive, Ithaca, NY 14850 Applicant is proposing to subdivide the property located at 210 Forest Home Drive into two separate parcels: 210 and 212 Forest Home Drive. The two parcels were combined into one in March 1990. 808-987-1498 Linda Copman, Revocable Trust (Trustee)lcopman@gmail.com 210 Forest Home Drive NY 14850Ithaca 0.54 0.00 0.54 dotloop signature verification: dtlp.us/PQfc-E8dO-r7Z1 dotloop signature verification: dtlp.us/PQfc-E8dO-r7Z1 Linda Copman Rev. Trust (Trustee) Linda Copman dotloop verified 02/12/24 2:02 PM HST G4WC-SXWL-MTKA-N0R0 Owner/Trustee dotloop signature verification: dtlp.us/PQfc-E8dO-r7Z1 COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. March 5, 2024 Lori Kofoid, Administrative Assistant IV Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: Area Variance for proposed subdivision located at 210 Forest Home Drive, Tax Parcel #66.-2-13, Linda Copman, Owner; Johannes Dulfer, Applicant. Dear Ms. Kofoid: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability 270-71: requires a side yard setback of 15 feet, variance is needed due to the side yard setback being proposed at 9.1 feet. 50.05 ft50.53 ft50.21 ft95.93 ft 270-73 requires the minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 100 feet, where 95 feet appears to be proposed. We will need to confirm the width at the front yard setback line 270-73 requires the minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 100 feet, where 50 feet appears to be proposed. We will need to confirm the width at the front yard setback line Off street parking does not appear to be provided. Section 270-227 B. requires two garage or off street parking spaces to be provided and parking in the required front yard is limited to not ore than 15%. This area appears to be a parking area, please confirm that the parking area is provided and provides for 2 off street parking areas for this parcel of land. (270-227B.) 1 2 3 4 5 6 78 9 Summary of comments: 210-212_FHD_Plat_-_revision_3_Fri_Mar_1_2024_10-33-11.pdf Page:1 Number: 1 Author: Marty Moseley Subject: Callout Date: 2024-03-06 11:59:17 270-71: requires a side yard setback of 15 feet, variance is needed due to the side yard setback being proposed at 9.1 feet. Number: 2 Author: Marty Moseley Subject: Callout Date: 2024-03-06 15:12:48 270-73 requires the minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 100 feet, where 50 feet appears to be proposed. We will need to confirm the width at the front yard setback line Number: 3 Author: Marty Moseley Subject: Callout Date: 2024-03-06 15:16:13 Off street parking does not appear to be provided. Section 270-227 B. requires two garage or off street parking spaces to be provided and parking in the required front yard is limited to not ore than 15%. Number: 4 Author: Marty Moseley Subject: Distance Measurement Date: 2024-03-06 14:03:09 95.93 ft Number: 5 Author: Marty Moseley Subject: Callout Date: 2024-03-06 15:18:06 This area appears to be a parking area, please confirm that the parking area is provided and provides for 2 off street parking areas for this parcel of land. (270-227B.) Number: 6 Author: Marty Moseley Subject: Distance Measurement Date: 2024-03-06 14:02:14 50.53 ft Number: 7 Author: Marty Moseley Subject: Distance Measurement Date: 2024-03-06 14:02:06 50.05 ft Number: 8 Author: Marty Moseley Subject: Distance Measurement Date: 2024-03-06 14:02:53 50.21 ft Number: 9 Author: Marty Moseley Subject: Callout Date: 2024-03-06 15:11:38 270-73 requires the minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 100 feet, where 95 feet appears to be proposed. We will need to confirm the width at the front yard setback line Town of Ithaca Zoning Board of Appeals Tuesday, March 26, 2024, at 6:00pm 215 N. Tioga St. AGENDA • ZBAA-23-31 Appeal of EZC Carolinas LLC, owners; Mark Martinek, Agent; of 4 Schickel Road, Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code section 270-61 (Building area) to build a 24'x26'’ garage building in the rear yard. Town of Ithaca Code 270-61 allows for a maximum building area of 10%, where the proposed building area would be an increase to approximately 18%. The property is located in the Low-Density Residential Zone, Tax Parcel No. 36.- 2-14 Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday, February 27, 2024 @ 6:00 p.m. 215 N. Tioga St. • ZBAA-23-31 Appeal of EZC Carolinas LLC, owners; Mark Martinek, Agent; of 4 Schickel Road, Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code section 270-61 (Building area) to build a 26’x28’ garage building in the rear yard. Town of Ithaca Code 270-61 allows for a maximum building area of 10%, where the proposed building area would be an increase to approximately 15.6%. The property is in the Low-Density Residential Zone, Tax Parcel No. 36.-2-14. Town of Ithaca Zoning Board of Appeals Tuesday, January 23, 2024 at 6:00pm 215 N. Tioga St. AGENDA ZBAA-23-31 Appeal of EZC Carolinas LLC, owners; Mark Martinek, Agent; of 4 Schickel Road, Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code sections 270-56 (Permitted accessory buildings and uses) and 270 -61 (Building area) to build a 26’x28’’ accessory building in the rear yard. Town of Ithaca Code section 270-56C. allows for up to three accessory buildings in aggregate not to exceed a total footprint of 600 square feet, where the existing accessory building and proposed accessory building would total approximately 941 square feet, and Town of Ithaca Code 270-61 allows for a maximum building area of 10%, where the proposed building area would be increase to approximately 15.6%. The current property is located in the Low-Density Residential Zone, Tax Parcel No. 36.-2-14 Page 1 of 2 Town of Ithaca Zoning Board of Appeals Tuesday April 23, 2023, at 6:00pm 215 N. Tioga St. AGENDA  ZBAA-23-31 Appeal of EZC Carolinas LLC, owners; Mark Martinek, Agent; of 4 Schickel Road, Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code section 270-61 (Building area). Town of Ithaca Code 270-61 allows for a maximum building area of 10%, where the proposed building area would be increased to approximately 14%. The property is located in the Low-Density Residential Zone, Tax Parcel No. 36.-2-14  ZBAA-24-4 Appeal of Linda Copman Rev. Trust, owner of 210-212 Forest Home Dr, Ithaca, NY, 14850; Johannes Dulfer, applicant agent; is seeking relief from Town of Ithaca Code sections 270-71 which requires a side yard setback, from the side yard boundary lot line, of 15 feet, where Parcel A identifies a side yard setback of approximately 6.6’. Town of Ithaca Code section 270-73 requires a minimum width (at the maximum required front yard setback line) of 100’, where Parcel A is proposing a width of, approximately, 95’ and Parcel B is proposing a width of, approximately, 50’ for measured at the at the maximum required front yard setback line. Town of Ithaca Code section 270-73 requires a minimum lot area of 15,000 square feet, where parcel B is proposed to be approximately 9,218 square feet. The property is located in the Medium-Density Residential Zone, Tax Parcel No. 66.-2-13.  ZBAA-24-5 Appeal of Chris Oliver owner of 517 Elm Street Extension, Ithaca, NY 14850; is seeking relief from Town of Ithaca Code section 270-71 (Yard regulations) E. (2) (Accessory buildings) to have two accessory buildings remain in (east) side yard. Town of Ithaca Code 270-71 E. (2) requires accessory buildings to occupy a rear yard. The property is located a Medium-Density Residential Zone, Tax Parcel No. 29.-7-7 Town of Ithaca 4/15/2024 ZBAA-24-5 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 2/26/2024 Primary Location 517 Elm St Ext Unit Christopher Oliver Ithaca, NY 14850 Owner Chris Oliver 46th SW 8036 Seattle, WA 98136-2256 Applicant Chris Oliver 607-279-0897 cjo370@gmail.com 8036 46th Ave SW Seattle, WA 98136 Internal Only-Review Tax Parcel No. 29.-7-7 Is Planning Dept. Approval Required? Yes Is Engineering Dept. Approval Required? Yes Is a GML-239 Review Required? Yes GML-239 Reason for Review* A municipal boundary Type of Variance Area Variance Appearance Date for Variance 04/23/24 ZBAA-24-5 about:srcdoc 1 of 9 4/15/2024, 10:52 AM Variance Code Language ZBAA-24-5 Appeal of Chris Oliver owner of 517 Elm Street Extension, Ithaca, NY 14850; is seeking relief from Town of Ithaca Code section 270-71 (Yard regulations) E. (2) (Accessory buildings) to have two accessory buildings remain in (east) side yard. Town of Ithaca Code 270-71 E. (2) requires accessory buildings to occupy a rear yard. The current property is located a Medium-Density Residential Zone, Tax Parcel No. 29.-7-7 Variance Code Section 270-71 E. (2) Internal Tasks to be Completed Meeting Result (First Appearance) – Materials For GML-239 Were Sent 03/19/2024 Deadline for Hearing Notice to Journal 4.11.24 Public Hearing Notice Was Sent 04/10/2024 Neighbor Notification Letters Were Sent 04/15/2024 Date Sign Was Picked-up – Material Packets Sent to ZBA Members 04/15/2024 Historical Only Address affiliated with request Status ZBAA-24-5 about:srcdoc 2 of 9 4/15/2024, 10:52 AM Applicant's Information Applicant is* Property Owner Is the primary point of contact for application different than the applicant?* No Description Brief Description of Variance Request* I am requesting that two small sheds are allowed to exist on the side of my house at 517 Elm St. 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: These sheds are hidden behind some large bushes (as seen from the street) and a large Rhododendron (as seen from the house existing behind my house). 2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?* No ZBAA-24-5 about:srcdoc 3 of 9 4/15/2024, 10:52 AM Reasons: It would be very difficult for to move these sheds. They are hemmed in by large plantings on each side. 3. Is the requested variance substantial?* No Reasons: These sheds are small and out of the way. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No Reasons: These sheds are located on the most hidden part of my property. Moving them would likely put them in view from Elm Street to South Hill. 5. Is the alleged difficulty self-created?* Yes Reasons: Unfortunately, I have to say yes here. I installed these two sheds about a decade ago to store garden tools, wood, and lawn funiture. At the time I was not savvy enought to look into zoning regulations-I don't know what else to say. ZBAA-24-5 about:srcdoc 4 of 9 4/15/2024, 10:52 AM 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* Chris Oliver Feb 21, 2024 Meeting Date 04/05/2024 PAYMENT INFORMATION After submission, Code Department Administration will review the application and materials provided. After review, and email with instructions for paying the fee online with credit card or E-check will be sent to the applicant. If it is preferred to pay by check, cash or money order: *Mail to Code Enforcement, Town Hall 215 N. Tioga St, Ithaca, NY 14850 *Drop off during business hours to Town Hall M-F 8-4 *Place in locked box next to the door on the Buffalo St side of Town Hall History Date Activity 4/15/2024, 10:51:08 AM Lori Kofoid changed Materials For GML-239 Were Sent from "" to "03/19/2024" on Record ZBAA-24-5 4/15/2024, 10:50:43 AM Lori Kofoid changed Material Packets Sent to ZBA Members from "03/18/2024" to "04/15/2024" on Record ZBAA-24-5 ZBAA-24-5 about:srcdoc 5 of 9 4/15/2024, 10:52 AM Chris Oliver <cjo370@gmail.com> 517 Elm St. Ext. - Town of Ithaca Operating Permit Application Chris Torres <ctorres@town.ithaca.ny.us>Fri, Sep 29, 2023 at 1:01 PM To: Chris Oliver <cjo370@gmail.com> Cc: Adam LaLonde <al268@cornell.edu> Hi Chris & Adam, In reviewing my open operating permit applications, I came across the inspection conducted at 517 Elm St. Ext. It appeared that I had entered the results in from the inspection but failed to complete the inspection within our system. I apologize for this error on my part. I’ve attached a copy of the inspection report to this email. You will notice that there is a need possibly for a building permit from our department and an area variance from the Zoning Board of Appeals. 1. Building Permit – A building permit will be required if the gaming rooming in the basement is to remain. There are no records on file with the Town or with County Assessment that indicated there was a building permit for converting a portion of the basement into habitable space. If the space is utilized for storage, a permit is not required, but as currently used, a building permit would be required to make it a legal habitable space. 2. There are two sheds on the side yard of the property utilized for storage. Town of Ithaca Code section § 270-71E(2) states the following: All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection G below) may not occupy any open space other than a rear yard. (https://ecode360.com/32785586.) You have the right and ability to seek relief from this code section by applying for an area variance from the Zoning Board of Appeals. You also could move the sheds to the rear of the yard to meet compliance. Please let me know if there are any questions with the report or with the building permit and/or ZBA process. Again, I apologize for the delay in completing this inspection. Best, Chris Christopher Torres Code Safety Inspector Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Phone: 607-273-1783 www.town.ithaca.ny.us From: Chris Oliver <cjo370@gmail.com> Sent: Friday, July 28, 2023 12:59 PM To: Chris Torres <ctorres@town.ithaca.ny.us> Cc: Adam LaLonde <al268@cornell.edu> Subject: Re: 517 Elm St. Ext. - Town of Ithaca Operating Permit Application Hi Chris, [Quoted text hidden] [Quoted text hidden] Inspection Report - 517 Elm St Ext.pdf 1263K Dear Town of Ithaca Zoning Board, I am requesting that two small sheds located on the east side my house at 517 Elm Street are allowed to stay in place. I installed these about a decade ago to store garden tools, wood, and lawn furniture, and unfortunately did not have the foresight to look into zoning regulations at the time. I am now renting out the house and this zoning violation was brought to my attention during a rental operating permit fire inspection. The sheds are located about halfway down the house on the East side between two large shrubs and, especially when leaves are out, are mostly hidden from view. I have included an image of the view from Elm Street after the leaves had fallen. I have also included a property map with the sheds labeled “8x10.” The only other spot on the property where the sheds would be hidden from street view would be directly behind the house, but this would put them right in front of windows and there is also a nice medium sized spruce tree located there. I am also not sure that there is enough flat ground in that area to easily support them. Any other location would put them fully into the yard, which I really want to try and avoid, since it is very picturesque with a lush lawn, garden areas, and views of south hill. I’m not sure that it is appropriate here, but I will also mention that moving these structures would be a large expense to me and I have worked hard to keep the rent low for the young couple and baby that have been my tenants since 2018. I have never raised their rent. Please let me know if you have questions. Thank You Chris Oliver (607)279-0897 COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. March 19, 2024 Lori Kofoid, Administrative Assistant IV Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: Area Variance for sheds located at 517 Elm Street Extension, Tax Parcel #29.-7-7, Chris Oliver, Owner and Applicant. Dear Ms. Kofoid: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability