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HomeMy WebLinkAboutZBA Area 12/17/2012 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday December 17,2012 215 North Tioga Street, Ithaca 7:00 P.M. Appeal of An-Yi Pan and Robin Burlingham, owners, requesting a variance from the requirements of Chapter 270-71 (E) "Yard regulations" of the Town of Ithaca Code, to " be permitted to place a 6' x 8' accessory shed in the front yard where an accessory shed is only allowed in the rear yard, located at 216 Northview Rd West, Tax Parcel No. 42.-1-9.314, Medium Density Residential. Assistance will be provided for individuals with special needs, upon request. Requests should be made not less than 48 hours prior to the public hearings. Bruce W. Bates Director of Code Enforcement 607-273-1783 Dated: December 5, 2012 Published: December 7, 2012 TOWN OF ITHACA ZONING BOARD OF APPEALS Minutes Monday December 17,2012 Present: Kirk Sigel, Chair; Bill King, Ron Krantz, Rob Rosen and David Mountin - Alternates: Yvonne Fogarty &Andrew Dixon Staff: Bruce Bates Director of Code Enforcement, Susan Brock, Attorney for the Town, and Lori Kofoid, Deputy Town Clerk Chairman Sigel opened the meeting at 7:04 pm Appeal of An-Yi Pan and Robin Burlingham, owners, requesting a variance from the requirements of Chapter 270-71 (E) "Yard regulations" of the Town of Ithaca Code, to be permitted to place a 6' x 8' accessory shed in the front yard where'an accessory shed is only allowed in the rear yard, located at 216 Northview Rd West,Tax Parcel No. 42.-1-9.314, Medium Density Residential. An-Yi and Robin Burlingham, owners were present to answer questions. Ms. Burlingham read two letters provided to them by their neighbors that reside oh either side of the applicants that support the owners in maintaining their shed where it is currently.located. Lloyd E. Hall of 217 Northview Rd West expressed that he has no complaint regarding the shed being located where it currently is and that it is "a well maintained structure that is fairly heavily shielded by natural growth". Louis Munch and Susanne Maloy of 214 Northview Rd West stated that the shed is "unobtrusive, tucked iinto'treep,and we are oblivious to it". They would not like having the shed moved to the back yard to be in compliance because it would then be visible to them. The board discussed with the owners where,the,shed is on the propertybecause it was not clear on the survey map that was provided..Mr. Rosen.asked for clarification on the length the shed has been there and where the shed is orr the plot plan. The shed has been there for approximately 5'years. It is along the driveway in front of the trees. Mr. Rosen and-Ms Fogarty asked for explanation of how this came before the ZBA. The owners filed an application for a building permit which prompted the notice'that the shed was out of compliance. Mr. Bates outlined the measurements from the property lines to the shed that he measured. At the "Edge of Pavement" pin, Mr. Bates measured from the edge of the pavement to the pin-which is roughly 13 ft; he measured off the pavement to the shed, the shed is roughly 21 ft off the Town's Right of Way. He also measured from the utility box on the property line to the shed and'to the side yard it is roughly 10 ft 10 inches. Total overall was 34 ft off the pavement and 21 ft off of the right of way. The wood shed that is on the property is Jegal-because if is in the side yard. This appeal does not require a SEQR because it is Type II. Public hearing opened at 7:15pm and closed without public comment at 7:15pm. ZBA 12/17/12 Page 2 of 4 ZBA Resolution No. 2012- 70, Area Variance, 216 Northview Rd West,Tax Parcel 42.-1-9.314. December 17, 2012 Motion made by Kirk Sigel, chair seconded by Ron Krantz That this board grants the appeal of An-Yi Pan and Robin.Burlingham, owners, requesting a variance from the requirements of Chapter 270-71 (E) "Yard regulations" of the Town of Ithaca Code, to be permitted to place a 6' x 8' accessory shed in the front yard where an accessory shed is only allowed in the rear yard, located at 216 Northview Rd West, Tax Parcel No. 42.-1-9.314, Medium Density Residential with the following: Conditions 1. The shed be no closer to the side property line than 4 %ft. and no closer to the front property line than 19 ft. and, 2. The shed remain in its approximate present location and, 3. The shed will,not be expanded in size. With the following Findings 1. That the benefit to the'applicant does outweigh the detriment to the health, safety and welfare of the community, specifically:that the benefit thatthe applicant wishes to achieve which is the applicant not needing to somehow place the shed in the rear yard which would be difficult given the layout of the property and the layout of the proximity of their neighbor's property as well as the benefit to.their neighbors which is that they would prefer not to see the shed in the backyard can not be achieved by any other means feasible and, 2. That there will not be an undesirable change in neighborhood character or to nearby properties given the shed's existence for.approxima_tely 5,years and the support of the neighbors and, 3. That while the request is substantial, allowing the shed in the front yard where it is not allowed, nevertheless the benefit to the applicant does outweigh the .detriment to the health, safety and welfare Of the community and, 4. That the request will not have any adverse physical or environmental effects given that'it does not involve any'new construction and only involves a shed that sits on the ground without any sort of,permanent foundation and, ZBA 12/17/12 Page 3 of 4 5. While the alleged difficulty is self created, that again the benefit to the applicant does outweigh the detriment to the health, safety and welfare of the community. Vote: Ayes- Sigel, Krantz, Mountin, King, and Rosen Nayes —none Motion passed unanimously. Agenda Item —Approval of meeting schedule ZBA Resolution No. 2012-71, Meeting Schedule for 2013 December 17, 2012 Motion made by Kirk Sigel,-chair and seconded by Bill King. Resolved, that the Zoning Board of Appeals of the Town of Ithaca adopts the following schedule of meetings for the Year 2013. The Town of Ithaca Zoning Board of Appeals will meet at 7:00 p.m. on the third Monday of the month in the Town Board Room in Town of Ithaca Town Hall, unless otherwise noted. January 28 . (third Monday is Martin Luther King Day) February 25 (third Monday is President's Day) March 18 April 15 May 20 June 17 July 15 August 19 September 16 October 21 c Dear members of the Zoning Board of Appeals,Town of Ithaca: I live at 217 Northview West Road in the Town of Ithaca. It has been brought to my attention that the zoning board is concerned about a shed on the property of my neighbors at 216 Northview West, Robin Burlingame and An-Yi Pan. I am writing to inform the board that my family has no complaint concerning the presence of the shed. It is a well maintained structure that is fairly heavily shielded by natural growth. Our lots back onto a natural drainage that limits our ability to find spaces 'behind' our homes where small sheds and the like can be hidden from view. We are in a cul-de-sac with pie shaped lots, so that also is a limiting factor. Indeed, I can easily see a large percentage of their backyard from inside my own home as-they can see mine. We have been pleased with how members of the neighborhood have been concerned about the upkeep of their respective areas. The color and porsition of shed are in keeping with the level of upkeep expected and appreciated. Please feel free to cog tact•us if there are any questions about our feelings ' relative to the existence of that structure. ' L-I yd E. Hall .4:54/11 607/273-5567 _ DALEHALL217@hotmail.com V LH16@cornell.edu . 214 W.Northview Rd. Ithaca,NY 14850 November 29,2012 Town of Ithaca: Zoning Board of Appeals 215 N.Tioga St Ithaca,NY 14850 Re: Support for Neighbors at 216 W. Northview Rd. Dear Town Zoning Board of Appeals Member: We live next door to The Pan-Burlingame household here in the town. It is our understanding that the town has challenged the placement of their small shed. We would respectfully disagree with the challenge. The shed currently is unobtrusive,tucked,into trees,and we are oblivious to it. Moreover,our road is a cul-de-sac,and they live at the end of it,so it is unseen and insignificant to most people. Should our neighbors be required to move the shed to their backyard,it would-be blatantly visible to us,which we would not like. We urge you to vote to keep the shed at 216 where it currently is. Thank you. Sincerely, ,f„,a4tel Louis R.Munch Susanne F.Maloy(spouse ( • .\.% OF I T� _.' _9� TOWN OF ITHACA 18 2� � 215 NORTH 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 TO: Edward C. Marx, Commissioner of Planning & Community Sustainability Tompkins County Planning Department FROM: Zoning Board of Appeals, Town of Ithaca DATE: November 26, 2012 RE: 216 Northview Rd West Pursuant to the requirements of Sections 239-I, 239-m, and 239-n of General Municipal Law, The Town of Ithaca requests your review of the following proposal: Project: 216 Northview Rd. West Description: This project involves consideration of area variance approval from the Town of Ithaca Zoning Board of Appeals for the property located at 216 Northview Rd West, Tax Parcel no. 42.-1-9.314. The property has an accessory structure in the front yard of the house. The property falls within the Medium Density Residential zone which allows "accessory buildings other than garages may not occupy any open space other than a rear yard". A variance from Section 270-71(E) is required for this project. The action referenced above scheduled for the Zoning Board of Appeals consideration on December 17, 2012. The materials describing the proposal are attached. If you need further information, please call me at 273-1783 or email me at bbates(c�town.Ithaca.nv.us. Attachments October 1, 2012 �Jf tea` Ei iE i The Zoning Board of Appealslit t ®CT ®Q Town of Ithaca LU I L 215 Tioga Street TU4`d+t ITHACAOF Ithaca, NY 14850 CODE ENFORCEMENT., Dear Members of the Zoning Board of Appeals, Town of Ithaca, I appreciate your time to consider our appeal. We received a notification from the Town of Ithaca Code Reinforcement Department delineating our violation of the Chapter 270, Section 270-71, Subsection 270-71 E "Yard Regulations." Basically, our shed is in the wrong place on our property. We'd like to explain this situation and propose a solution. We purchased this shed (6' x 8') about five years ago to contain our lawn mower and children's bicycles. We had intended to place the shed in the back yard. But our property ' is pie-slice-shaped (the front is very narrow), and the land has a rather steep slope. With the way the house is built, there is not much space for the trunk to get around without running over our neighbors' properties. When the delivery trunk came, the driver had a hard time getting around. In the end we had no choice but to place it next to our driveway, about 30 feet away from our house. We understand how an unsightly and brightly colored structure randomly placed in front of an open space might destroy the beauty of the Town and potentially cause concerns. We'd like to assure you that this is not the case. We live at the end of a dead-end road, and the shed is tucked amid dense trees. The muted green-gray color of the shed also matches the environment rather well. One really has to look for it in order to find it. Other than our friends, no one ever comes to the'end of our dead-end road. Only one of our neighbors can see the shed if they purposely look for it, and between our properties are two mature pine trees. Our neighbor on the other side can't see the shed at all Had the shed been in the back yard, both families would have a much "clearer" view of it, and we are sure they would not have been happy. Due to the limited space and land formation for a truck to maneuver (which was the original reason we couldn't place the shed in the back yard), and the special environment of.our property, we'd like to respectfully plead for an exception to this regulation, and suggest a solution to remedy this situation. We propose to plant the few trees between the road and the shed so that unless one comes up our driveway more than 15 feet, one cannot seethe shed at all. We believe this solution will also further beautify our property and provide us with the Convenience we need. We appreciate your time and consideration. Sincerely, n i Robin A. Burlingham f 126 West Northview Road 2 t4' Ithaca, Ny 14850 ` l'L r -1 TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 ' www.tOwn.ithaca.fly.us CODE ENFORCEMENT Phone(607)273-1783 Fax(607)273-1704 'Notice of Violation —Order to Remedy C 0 C:) September 17, 2012 An-Yi Pan & Robin Burlingham' 216 W. Northview Road ". Ithaca, NY 14850 Dear An-Yi Pan & Robin Burlingham, • You are hereby notified that you have been;found in violation of Chapter 27.0, Section 270-71." Subsection 270-71 E '"Yard Regulations" of the Town of Ithaca Code. The specific violation is having a accessory structure other-than a garage-in the front yard of, -the house located at 216 Northview Rd West as observed by the Code Enforcement ' Office on September 14, 2012. The'following corrective measures should be taken no later than-October 30, 2012 or penalties may be assessed: The Town of Ithaca Code for' the Medium Density Residential Zone, where your house is located states the following = "In' Medium , Density Residential Zones accessory buildings other than garages may not occupy any . . open space.other than a rear:yard." Based on this requirement-the existing shed must • be.moved into the rear yard immediately. For the purposes of applying the penalties described in the Administrative Section of the Town of Ithaca Code,, your first violation shall'be deemed to have occurred-as of September 14, 2012. Any person aggrieved by any decision of,any officer of the Town charged ,with the enforcement of the Town of Ithaca Code may take an."appeal to the Zoning Board of Appeals..The Zoning Board of Appeals shall; in accordance with the provisions of Town Law 267 et seq., hear and determine appeals from any refusals of a building permit or certificate of occupancy by the person designated by the Town Board, or review any order or decision of said person-where such order or decision is based upon the - requirements of the Town of Ithaca Code. , Please contact our office at the number above with any questions. Sincerely, " . ' teven illiams, - ' Code Enforcement Officer - , D (0,-`7 Tompkins Comity L , �.._-_- Yd DEC 1® t' DERARtiV ENT--O -Pk NINE -Q 2012 f a TOWN OF IT f . . :121 East,Court.Street ; CODE ENFORCEt,,_ .T Ithaca,,NeiVYorkv14850 --•— Edward C.Marx,AICP ='it " -Telephone(607)274-5560 � �."�> - }� Commissioner of Planning ti" Fax(607)274-5578 December 7, 2012 Mr. Bruce Bates, Director of Code Enforcement Town of Ithaca 215 N. Tioga Street Ithaca,NY 14850 Re: Review Pursuant to§239-1,-m and-n of the New York State General Municipal Law — — Action: Area-Variance-for-Auxiliary Shed-at 216-West Northview=Road;Town-of Ithaca-Tax Pareel— #42.-1-9.314,MDR Zone,An-yi Pan and Robin Burlingham,Owners/Appellants. Dear Mr. Bates: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239—1, -m and—n of the New York State General Municipal Law. The Department has reviewed the proposal,as submitted, and has determined that it has no negative inter-community, or county-wide impacts. Please inform us of your decision so that we can make it a part of the record. Sincerely, " (?, Edward C. Marx, AICP !J� Commissioner of Planning • IncCusion through Diversity Sia 0 I' 20 , _ ( , D {-E©giME TOWN OF ITHACA NOV 09 �� 215 N. Tioga Street, ITHACA, N.Y. 14854. TOWN CLERK 273-1721 PLANNING 273-1747 CODE ENFORCENT&ZON G 273-1�g��O�N OF ITHACA PUBLIC WORKS(Engineering,Roads,Parks&Trails,Water&Sewer)273 : : t�UDE ENFORCEMENT FAX(607)273-1704 Zoning Board of Appeals Application Form: Submit this Application ONLY after: (1) applying for a building/sign permit for which you received a determination /denial from Code Enforcement Staff or(2)referral from the Planning Board based upon a site plan or subdivision review. f' e ZBA Appearance-Fee: $100 ' For Office Use Only For Office Use Only /wca Property is located within,or adjacent to: • Please check all that apply: Date Received l 1 la J County Ag District -cool Check No. a 5(a9 Area 4e— Variance / Use Variance UNA Zoning District 1•'1 0-- _Sign Variance _ -"CEA=-,-= A�plicable Section( of-_ ow e: _ _ _Sprinkler Variance Forest Home Historic District `� i e 1-h(_A Special Approval State Park/another municipality � � �C two-7 b1a h- v cc�/f z Y o -• The UNDERSIGNED respectfully submits this Application Form requesting an a pearance to bea lowed to leave, an a,ct.}X.0 1 rich/ $ 1 ( ih 11-S current eati`oo• at '�(6 West �DY'/i7Vi frL1 Rd ,Town of Ithaca Tax Parcel No. 2/2`� C,Lie 314• as shown on the attached supporting documents. A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows(attach any additional sheets as necessary): (fee attne4e1 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)in connection with my application. Print Name Here: itrlY y lc Plitt? go ut t'► Su h'/1 t'tq ka,141 Signature of Owner/Appellant: � �,J Date: Il l iZ Signature of Appellant/Agent: �Lv -1,V✓� ill G 1 Date: 1I/4 7��' Home/Cell Telephone Number: 60( '2 l 3 ` $3 F Work Telephone Number: Email Address NOTE: A Granted Variance expires 18 months from the date of its filing. Construction work associated with any variance(s)must commence within 18 months of filing. Your attendance at the meeting is strongly advised. Revised 11/9/2010 - 1 • TOWN OF ITHACA `61 1j` 215 N. Tioga Street, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 PLANNING 273-1747 CODE ENFORCENT&ZONING 273-1783 PUBLIC WORKS(Engineenng,Roads,Parks&Trails,Water&Sewer)273-1656 FAX(607)273-1704 Instructions for Submitting an Application to the Zoning Board of Appeals 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 these application forms. Complete the attached Zoning Board of Appeals Application Form. In addition to the application, the following documentation should be submitted: O 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 use variance, area variances, or special approval. 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 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 O If the property is located within a Tompkins County Agricultural District, submit a County "Agricultural Data Statement" Form available at Town Hall. Maps showing these districts are located on the Town website www.town.ithaca.ny.us and at Town Hall,and ❑ Any other documentation to support your appeal/request,such as statements from your immediate neighbors,etc.,and ❑ The "Town of Ithaca Environmental Review, Short Environmental Assessment Form." All applications require an Environmental Assessment Form (exception--area variance where a building setback is involved). There are some cases where a Long Environmental Assessment Form will be required; Planning or Zoning staff will notify you and provide the form,and O All documents should be submitted together. Submission must include the original and 12 complete copies to the Code Enforcement and Zoning Department. Applications are scheduled on a first-come first-serve basis. All documents MUST be submitted FORTY- - FIVE (45)DAYS IN ADVANCE of the proposed meeting date, together with the required$100.00 application fee. Failure to do so will result in a delay in your hearing. Please make checks payable to: Town of Ithaca. If your appearance requires an additional meeting(s), an additional fee may apply. ATTENDANCE AT THE MEETING IS HIGHLY RECOMMENDED TO ALLOW FOR QUESTIONS AND ANSWERS. YOUR ABSENCE COULD RESULT IN A DENIAL OR POSTPONEMENT. Revised 11/9/2010 Information on the Criteria for an Area Variance or a Use Variance Area Variances: As per Article XXV, Section 270-213 of Town of Ithaca Code and Section 267-b of Town Law, the Zoning Board of Appeals, in making its determination for an area variance, will apply a balancing test of the benefit to the applicant weighed against the detriment to the health, safety, and welfare of the community by granting the area variance. You, as the appellant, have the burden of proving that your proposal meets the majority of the criteria below. You should come to the Zoning Board of Appeals meeting prepared to prove that: a. an undesirable change will not be produced in the character of the neighborhood or a detriment to nearby, properties will not be-created by granting the area variance, Nei iH'S b. the benefit sought by the applicant cannot be achieved by some other method feasible for the applicant to pursue, other than flie area variance, i��� � -e d �;-ti-&(� G-s•-el- y, L' ;�;, "��v„ 0 -D m O-fre s -. c. the requested area variance is not substantial, rLy„.,, d. the proposed area variance will not have an adverse affect or impact on the physical or environmental conditions in the neighborhood or district, and J,f0 ,r -e Or- ��yete j e. the alleged difficulty was t. self-created. ( frL/ 4 pr i ) Use Variances: As per Article XXV, Section 270-213 of Town of Ithaca Code and Section 267-b of Town Law, the Zoning Board of Appeals, in making its determination to grant a use variance, will consider the unnecessary hardship caused by the applicable zoning regulation, and will determine if the applicant has satisfactorily demonstrated ALL of the following criteria. You, as the appellant, have the burden of proving that your proposal meets ALL of the criteria below. You should, therefore, come to the Zoning Board of Appeals meeting prepared to prove that: a. the applicant(you) cannot realize a reasonable return,provided that ack of return is substantial as demonstrated by competent financial evidence, ` ,`¢j 7-4J ender 13'- r° Or- �l��l i Gtic LAX averti .t b. the alleged hardship relating to the property in question is umque and does not apply to a substantial portion A, of the district or neighborhood, i}-,`g,,,. S WGp�� N 7 a.�i'•�' -c: the requested usevariance, if granted;will o salter the-essential-character of the neighborhood, and - �,J Pt 0, 3,74�� 44 071- OZd- r!9 at2, e O1it ri A)IV;/f d. the alleged hardship has been self-created. `�'�'�'�?~not Please complete the attached "Area Variance Criteria Form" for area variances ONLY. Contact Planning and Zoning administrative staff for the "Use Variance Criteria Sheet." If your project is in an Agricultural District,you will need to complete the"Agricultural Data Statement" Revised 11/9/2010 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca,Tompkins Count ,NY ONLY PAR 1 -PROJECT INFORMATION(To be completed by Applicant r Project Sponsor) 1.Applicant/Sponso 2.Project Name 3.Precise location(stree address,road intersections,prominent landmarks,etc.or p,ovide map:) Tax Parcel-Number: 4.Is proposed action: NEW? EXPANSION? MODIFICATI p N/ALTERATION? 5. Describe project briefly: (Include • oject purpose,present land use,cur ent and future construction plans,and other relevant items): (Attach separate sh-et(s)if necessary to adequately describe the proposed project.) 6.Amount of land affected: Initially(0-5yrs) Acres (6-10yrs) Ac •s (>10 yrs) Acres 7.How is land zoned presently? 8.Will proposed action comply with existing zoning o othe, existing land use restrictions? YES NO If no,describe conflict briefly: 9.Will proposed action lead to a request for new: Public Road? YES NO Public Water? NO Public Sewer?YES NO 10.What is the present land use in the vicinity of the 2 ropo •d project?Residential Commercial Industrial Agriculture Park/Forest/Op•n Space Other Please Describe: 11.Does proposed action involve a permit,app oval,or funding, u u w or ultimately from any other governmental agency (Federal,State,Local?)YES NO _ _ _ If yes,list agency name and permit/approva funding: 12.Does any aspect of the proposed acti I have a currently valid permit ,r approval?YES NO If yes,list agency name and permit/app oval.Also,state whether it will re, ire modification. I CERTIFY THAT HE INFORMATION PROVIDED ABO IS TRUE TO THE BEST OF MY KNOWLEDGE: Applicant/Spons 2 r Name(Print or Type): Signature and Date: Revised 11/9/2010 s - ZONING BOARD OF APPEALS • AREA VARIANCE CRITERIA FORM - (to be completed by Applicant) Applicant: A - i rah' and I o6l�v� Burl+n fl a►i y � Address of Property Requiring the Variance: 2- 16- West No rt h v1 eve Rd. 1 f e,eica N Y I4 t Tax Map No.: `�. — I {.31'T • TEST:No area variance will be granted without consideration by the Board of the following factors: 1. Whether undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties: Yes No ✓ - Reasons: •1)-e sled t`s tvl aecor-ot wih otAer hey t`i�orh 0-0-el p 1-on-erb1es• .I�- k knu fed i-af reeve co/crr a hc( more- camouckv-eid titan ofl evi stied s en oaf- 1-0464. Z/- ►'s of �l,e evld d f +-Ae. deaQ ev,d ro ad. One can only s i* iF ovte- i s lozlei py,f°`' 2. Whether benefit sought by applicant can be achieved by a feasible alternative to the variance: Yes -No (/ Reasons: rbade, r 1 cannot -� 71?ov'.Za "r fb -e- ba e ett-d r vlS)oi- ;Air 4Y77un I^1 `jf wool! repti`r-e e - i-EA_ck f-odr1ve over ;'e; we&kboi's wa d nd lawn; -ID fee j c 5 top i i reu nd a nd n e ybors free.‘ awl skito 6s. %he-f uc/•r �,f4o el►vered 7�te stied surveyel}2&property, conc%telt►9 f4 t1 f4-e sILed could no e sported e,hack a-di so we 3. Whether the requested variance is substantial: Yes No t✓ aCed i+in 1,e 064 ye waa. Reasons: (,'X 8' f is ovi a�SAled• 7� Is mothabf bee sTreic/ure. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?: Yes No Reasons: - 7h-e slier7( t`S 71ztcked avn-►`d -Forest rzes. ilohoIy sees-(11 i Me road. bnly oven-etyl(kor e e sh beta se i rs `el !o ,ee_s. e vv►u ev,- rn•- co e 04 es 1-4e szhvirovtvvlevlf. -6nereall has look _ or ;t l--o , d if• ..U- were i'v ,He Jackre(rd, nro n•ei jA.bors woaie Cee Very cJeav'Iy• 5. Whether the alleged difficulty was self-created: Yes l/ No Reasons: �p l9r r na IIy I've.. i i4fevtc4-ec1 7 place '•e Skev( ,`n /hQ 1 Lack 'iu but Arm Fed spt e, .I op &i Idtid Forma��i-n, end p,�- sf1`4e shape- a-F r-op r ?node ;f l`vv1 oe‹,i4le for w ca e'I�wr? -f ruck cg' o •fo e, back yot rd. ►`c�r s rnr��irve, e u I cdv►`f place f�� $!tied 1 n j'� back ya,ret• I' Revised 11/9/2010 - N USE VARIANCE CRITERIA—(Completed by Applicant) Applicant: Appeal Concerns Property at the fo110 'ng address: Tax Map Number: - - / / TEST: No use variance will be granted thout a showing by the appiic nt that applicable zoning regulations and restrictions have caused unnecessary bards•.p.The following tests must be/met for each and every use allowed by zoning on the property,inducing uses allowed by sp; ial use permit: 1.The Applicant cannot realize a reasonable ret'an,as shown by comp tent financial evidence. The lack of return must be substantial: Yes No ILLUSTRATIONS OF Proof: FINANCIAL EVIDENCE •Bill of sale for the property,recent value of property,expenses for maintenance •Leases,rental agreements •Tax bills •Conversion costs(for a permitted use) •Realtor's statement of inability to rent sell 2.The alleged hardship relating to the proper; is unique.(The hards,ip may not apply to a substantial portion of the zoning district or neighborhood.): Yes No r ILLUSTRATIONS OF UNIQUENESS: Proof: •Topographic or physical features _ _ - _ preventing development for a permitted use. i •Why would it be possible to onstruct the applicant's proposal and n t any of the permitted uses? •B Td member observations of the propej and surrounding area. J I:\forms\ZBAForms\Applicant USE VARIANCE CRITERIA Iorm.doc i , K., -----OF � ___� TOWN OF ITHACA ��taizi 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 • �~ www.town.ithaca.n .us �yr o Y CODE ENFORCEMENT- BRUCE W. BATES, DIRECTOR Phone (607)273-1783 Fax (607)273-1704 October 5, 2012 An-Yi Pan & Robin Burlingham 216 W. Northview Road Ithaca, NY_14850 RE: Zoning Board of Appeals Request Dear An-Yi Pan & Robin Burlingham, Thank you for your request to the Zoning Board of Appeals that was received by my office on October 3, 2012. Unfortunately, I can not accept your letter as the application for this appeal. Enclosed is the full application that must be completed and returned to my office along with the application fee of $100. There must also be twelve copies of the application and supporting documentation included. The instructions are included with the application. The next Zoning Board of Appeals meeting that you would be able to have your request decided upon would be December 17, 2012. The deadline for your application, fee and copies would be November 9, 2012. I look forward to receiving your application packet. If you have any questions, please don't hesitate to contact me. Sincerely, _ v , ,A.,-- Bruce W. Bates Director, Code Enforcement ENC -1,7i sr Zi�� ,..4u ln� ( I,. Q( 'f )Z 1, -Pmilt ft - Jr r/r.e 1 0 ur4 1.• ....* . .. _ Nig 825 r0 289 ( ',,••=-7. -C‘Cs.....1 0,—. \..i, J:ACIii,C2.,,_ . \tzp, Q. :cs U4,.. '' .5 5, 0 r • -..91 K•3 V c'• - (POO) '`,() . G• 1.\ it • •(),rl). all' , 1/4.)\i e 7, ",, •, Lk 0; ill '9 r. cp AOP ,,.\•11 . ,. , 1 ,0 010 t,' „ ''',•: b .k 11160,v -.) . ,....., 1A) LAikos --ck- JoSE RI E.Pc', ••So&Pk I A yviNA11-::R "7"/-)( Ali/P "1,(112 Ji 2- (.-., 9 3.Ai i.\ ftri a) foA • -) ?-1 , 1- In 1 .•.' ... •1 --- •' icc="2\ .s f) Z •,... et, .,, _. . \-cp, 1k 01 .. • ' /;`. • 1- .1 W/. / . ' , -.•.•:.-•, C -F. \.r. 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District: No ` Site Property Class: 210 - 1 Family Res 1r.�- _ __ Zoning`Code: - Neighborhood Code: 30030 Land Assessment: 2012 - $44,400 Total Assessment: 2012 - $400,000 2011 - $44,400 2011 - $400,000 Total Acreage/Size: 0.65 School District: Ithaca Full Market Value: 2012 - $400,000 Legal Property Desc: 2011 - $400,000 Deed Book: 825 Deed Page: 286 Grid East: 846804 Grid North: 881010 Area Living Area: 3,526 sq. ft. First Story Area: 1,836 sq. ft. Second Story Area: 1,690 sq. ft. Half Story Area: 0 sq. ft. - Additional Story Area: 0 sq. ft. 3/4 Story Area: 0 sq. ft. Finished Basement: 0 sq. ft. Number of Stories: 2 Structure Building Style: Colonial Bathrooms (Full -. ' 3 - 1 Half): Bedrooms: 5 Kitchens: 1 Fireplaces: 1 Basement Type: Partial Porch Type: Porch-open/deck Porch Area: 580.00 Basement Garage Cap: 0 Attached Garage Cap: 500.00 sq. ft. Overall Condition: Normal Overall Grade: Good Year Built: 1985 Owners An-Yi Pan Robin Burlingham Pan,An Y &Burlingham, Pan,An-Yl &Burlingham, Robin Robin 216 W Northview Rd 216 W Northview Rd Ithaca NY 14850 Ithaca NY 14850 Sales Property Prior Value Arms Addl. Deed Deed Sale Date Price Class Sale Type Owner Usable Length Parcels Book Page 1 of2 11/13/2012 9:38 AM , Printer Friendly Report-Image Mate Online http://asmsdg2.tompkins-co.org/report.aspx?file=VOLLOCAL/T0003... 7/30/1998 $174,000 210 - 1 Land & Russo, Yes Yes No 825 286 Family Building Joseph Res Edward Utilities Sewer Type: Comm/public Water Supply: Comm/public Utilities: Gas &elec Heat Type: Hot wtr/stm Fuel Type: Natural Gas Central Air: No Improvements Structure Size Grade Condition Year Replacement Cost Gar-1.0 att 20 x 25 Good Good 1985 $0 Porch-open/deck 580 sq ft Average Good 2002 $0 Cabin/bungl 10 x 30 Good Good 2002 $0 Porch-coverd 78 sq ft Good Good 2002 $0 Porch-coverd 0 x 0 Good Normal 1985 $0 2 of 2 11/13/2012 9:38 AM