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HomeMy WebLinkAboutZBA History Combined (74) Zoning Board of Appeals History as of 66.-3-16 228 Forest Home Drive Tax Parcels involved, with address if known: Current 228 Forest Home Drive 66.-3-16 with no subdivision or readdressing. History: 2008 – Area Variance for addition - Approved 2005 – Area Variance for garage - Approved TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, JULY 214 2008 7:00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, July 21, 2008, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7:00 P.M., on the following matters: APPEAL of John H. Foote, Owner/Appellant, Dan Strawbridge, Strawbridge & Jahn Builders, Agent, requesting variances from the requirements of Chapter 270, Article IX, Section 270-71(A), and Article XXV, Section 270-205(A) of the Town of Ithaca Code, to be permitted to construct a 141+/- square foot addition to a home located at 228 Forest Home Drive, Town of Ithaca Tax Parcel No. 66-3-16, Medium Density Residential Zone. The proposed addition will encroach into the required 25400t front yard setback for structures in the (MDR) Zone. Additionally, the home is an existing non -conforming structure and the proposed addition/enlargement will increase the existing non -conformity. APPEAL of Thomas H. Canfield, Owner/Appellant, requesting Special Approval and variances from the requirements of Chapter 270, Article VI, Section 270-30(B) and 270-34(B)of the Town of Ithaca Code, to be permitted to maintain a second dwelling unit in an accessory building located at 195 & 197 Calkins Road, Town of Ithaca Tax Parcel No. 32-243, Agricultural Zone. The floor area of the second dwelling unit exceeds 50% of the floor area of the primary dwelling unit and the width of the parcel at the street line does not meet the 60 - foot minimum required width. Both dwelling units have been in existence for at least 15 years (primary dwelling unit was built in 1940). The Zoning Board granted a 15 year time-limited area variance in 1993 for the improvement of an accessory building into the second dwelling unit. That approval will expire in July 2008. The Zoning Board may also need to determine whether the second dwelling is still considered an accessory building, meeting the intent of Section 270-30(B)(6), or whether a variance from that provision should also be granted. APPEAL of Brenda Prince, Owner/Appellant, requesting variances from the requirements of Chapter 270, Article VII, Section 27047(C) and 27048 of the Town of Ithaca Code, to be permitted to replace an existing one-story single family residence with a two-story single family residence located at 1106 East Shore Drive, Town of Ithaca Tax Parcel No. 19-24, Lakefront Residential (LR) Zone. The proposed construction will utilize the building footprint of the existing home: The southwest corner of the existing/proposed residence encroaches into the 20 foot required side yard setback. The proposal also exceeds the 10% maximum allowable lot coverage for structures in the LR Zone. The Zoning Board of Appeals approved this proposal, with conditions, on August 16, 2004. However, the approval expired because a building permit had not been issued and work on the project had not commenced within 18 months of the granting of the approval. APPEAL of Mark & Karen Hartsukyer, Owners/Appellants, Ernie Bayles, Architect, Agent, requesting variances from the requirements of the Town of Ithaca Code, Chapter 270, Article VII, Sections 27043(A), 270-47(A), 27047(B) and 270-47(C), and 27048 to be permitted to construct a permanent single family home located at 819 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2-40, Lakefront Residential (LR) Zone. The proposed home will be constructed on an existing non -conforming lot (does not meet required lot area, lot width at street, lot width at setback, and lot depth). The proposed home will encroach into the required 30400t front yard setback, the required 50 -foot rear yard setback, and the both of the required side yard setbacks for buildings in the LR Zone. The proposal will also exceed the 10% maximum allowable lot coverage, and will include vehicular parking that will encroach into the required 100400t setback from the shoreline. Additional variances may be required. REQUEST of Marla Miller, Adjoining landowner, Charles Guttman, Agent, requesting an interpretation/ determination from the Zoning Board whether the current home occupation use of the property at 180 Calkins Road, Tax Parcel No. 33-2-3.1, Low Density Residential (LDR) Zone, is in violation of Section 270- 219.2(A)(B)(E)(F)(G)(H)(I) and (J) of Town Code.. The adjoining landowner asserts that the dock building home occupation use exceeds the 500 square foot maximum allowable floor area permitted for home occupation uses in a residential zone, there are more than four persons including the household resident involved in on-site business operations, there is exterior storage of materials and equipment associated with the business, there is offensive noise, dust and glare produced beyond the boundary line of the property conducting the business, there is traffic in greater volume than is expected in a residential neighborhood, the use is detrimental to the residential character of the lot and has had a significant negative impact on neighboring properties, and that business activities are not conducted wholly within the dwelling or accessory building on the property. APPEAL of Colleen Shuler, Owner/Appellant, requesting variances from the requirements of Chapter. 270, Article VIII, Sections 270-56, -57, -58, and 270=59 of the Town of Ithaca Code, to be permitted to install and maintain radio translator facilities on barns located at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No. 2841 26.6, Agricultural Zone. The proposed radio facilities are not a permitted use in the Low Density Residential Zone. The proposed facilities, particularly the antennas, may also require height variances from the Zoning Board. Said Zoning Board of Appeals will at said time, 7:00 p.m., and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearings. Jonathan Kanter, AICP Director of Planning 607=2734747 Dated: July 11, 2008 Published: July 14, 2008 FILE DATE Zoning Board of Appeals 215 North Tioga Street, Ithaca, NY 14850 Monday, July 21, 2008 7:00 PM Present Board Members: Kirk Sigel, Chairperson; Ron Krantz, James Niefer, David Mountin, Andrew Dixon, alternate. Staff Members: Carrie Coates Whitmore, First Deputy Town Clerk; Susan Brock, Attorney for the Town; Jonathan Kanter, Director of Planning; Dan Walker, Director of Engineering; Kristie Rice, Senior Code Enforcement Officer; Darby Kiley, Planner.. Excused Harry Ellsworth, Susan Mann. Others Mark Hartsukyer, Tom Canfield, Herb Engman, Colleen Shuler, Evan Eisenberg, Ron and Sandy Knewstub, Kristin Gutenberger, Susan Johnston, John Stevens, George Sheldrake, Charles Guttman, Jim Travis, Matthew Snyder. Call to Order Chairperson Sigel called the meeting to order at 7:04 p.m. He welcomed everyone to the July meeting of the Town of Ithaca Zoning Board of Appeals and announced there were six appeals before the board. APPEAL of John H. Foote, Owner/Appellant, Dan Strawbridge, Strawbridge & Jahn Builders, Agent, requesting variances from the requirements of Chapter 270, Article IX, Section 270-71(A), and Article XXV, Section 270-205(A) of the Town of Ithaca Code, to be permitted to construct a 141+/- square foot addition to a home located at 228 Forest Home Drive, Town of Ithaca Tax Parcel No. 66-3-16, Medium Density Residential Zone. The proposed addition will encroach into the required 25 -foot front yard setback for structures in the (MDR) Zone. Additionally, the home is an existing non -conforming structure and the proposed addition/enlargement will increase the existing non -conformity. Mr. Dan Strawbridge and Mr. John Foote appeared before the board an introduced themselves. Chairperson Sigel asked if there was anything they would like to add beyond what was submitted to the board. Mr. Foote briefly explained why it was necessary for him to come before the board for a variance. He noted that his house and barn were built in the mid -1800s and are nonconforming in terms of their situation relative to the right-of-way on Forest Home Drive. Zoning Board of Appeals Minutes of July 21, 2008 Final Mr. Foote described the proposed addition. It is replacing a current mudroom with a larger addition. Mr. Strawbridge added that the addition is for a kitchen. The existing kitchen is small and it would be a hardship to change the kitchen layout to a different part of the house. Chairperson Sigel asked if the portion of the expansion on the north side would be a covered patio. Mr. Foote confirmed it was and Mr. Strawbridge added that all architectural details and siding on the existing house would be replicated on the addition. Mr. Foote put in that he has contacted his neighbors regarding the proposed addition and have expressed their support for the project. Chairperson Sigel asked if there were any questions from the board. Mr. Niefer thought that the addition conforms to the general architectural appearance of the building and may enhance the building's appearance. He didn't see any problem with the proposed addition. Mr. Krantz agreed and commented that increasing the building's nonconformity was not substantial. It also did not alter the neighborhood unfavorably. Chairperson Sigel stated for the record that Mr. Dixon would be voting on the appeals before the board that evening. He then opened the public hearing at 7:12 p.m. and invited members of the public to address the board. There being none, Chairperson Sigel closed the public hearing at 7:12 p.m, and asked the board if they had any additional questions or comments; there were none. Chairperson Sigel moved to grant the appeal of John Foote with the conditions that the setback be no less than 16.5 feet from the road right-of-way, the modification be built as shown on submitted plans, and with the findings that all requirements of an area variance had been met (listing specifically how each criteria was met). ZB RESOLUTION NO. 2008-041: Area Variance, John H. Foote, 228 Forest Home Drive, Tax Parcel No. 66.-3-16 MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED, that this board grants the appeal of John H. Foote requesting variances from the requirements of Chapter 270, Article IX, Section 270-71(A) and Article XXV, Section 270-205(A) of the Town of Ithaca Code to be permitted to construct an approximate 141 square foot addition to a home located at 228 Forest Home Drive, Town of Ithaca Tax Parcel No. 66.-346, Medium Density Residential zone, with the following. Findings. That the benefit to the applicant outweighs any detriment to the health, safety, and welfare of the community. Specifically: Page 2 of 33 Zoning Board of Appeals Minutes of July 21, 2008 Final 1. That the benefit the applicant wishes to achieve, that is increasing the size of the kitchen, does not appear to be able to be achieved in any other way, 2. That there will not an undesirable change in the character of the neighborhood given that the addition will be compatible with the existing architecture of the house, 3. That the request is not substantial, extending the wall along the house that is on the non -conforming side by approximately 8 feet, which will be approximately 17 feet setback from the road right-of-way where 25 feet is required, 4. That there will be no adverse physical or environmental affects given that it is a small addition, 5. 1 That the alleged difficulty is not self-created, and Conditions. 1. That the setback be no less than 16.5 feet from the road right -of --way, 2. That the modification be done as indicated on the applicant's plans submitted to this board. Vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, Mountin, Dixon. NAYS: None. ABSTAIN: None. The motion was declared to be carried unanimously. Ms. Brock stated for the record that it was a Type II action under SEAR. Therefore, they did not need to do SEQR. APPEAL of Thomas H. Canfield, Owner/Appellant, requesting Special Approval and variances from the requirements of Chapter 270, Article VI, Section 270-30(B) and 270-34(B)of the Town of Ithaca Code, to be permitted to maintain a second dwelling unit in an accessory building located at 195 & 197 Calkins Road, Town of Ithaca Tax Parcel No. 32-2-13, Agricultural Zone. The floor area of the second dwelling unit exceeds 50% of the floor area of the primary dwelling unit and the width of the parcel at the street line does not meet the 60 -foot minimum required width. Both dwelling units have been in existence for at least 15 years (primary dwelling unit was built in 1940). The Zoning Board granted a 15 year time-limited area variance in 1993 for the improvement of an accessory building into the second dwelling unit. That approval will expire in July 2008. The Zoning Board Page 3 of 33 ADOPTED RESOLUTION ZB RESOLUTION NO. 2008-041 Area Variance John H. Foote 228 Forest Home Drive Tax Parcel No. 66.-3-16 July 21, 2008 MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED, that this board grants the appeal of John H. Foote requesting variances from the requirements of Chapter 270, Article IX, Section 270-71(A) and Article XXV, Section 270-205(A) of the Town of Ithaca Code to be permitted to construct an approximate 141 square foot addition to a home located at 228 Forest Home Drive, Town of Ithaca Tax Parcel No. 66.-3-16, Medium Density Residential zone, with the following: Findings: That the benefit to the applicant outweighs any detriment to the health, safety, and welfare of the community. Specifically: 1. That the benefit the applicant wishes to achieve, that is increasing the size of the kitchen, does not appear to be able to be achieved in any other way, 2. That there will not an undesirable change in the character of the neighborhood given that the addition will be compatible with the existing architecture of the house, 3. That the request is not substantial, extending the wall along the house that is on the non -conforming side by approximately 8 feet, which will be approximately 17 feet setback from the road right-of-way where 25 feet is required, 4. That there will be no adverse physical or environmental affects given that it is a small addition, 5. That the alleged difficulty is not self-created, and Conditions: 1. That the setback be no less than 16.5 feet from the road right-of-way, ZB RESOLUTION NO. 2008-041 PAGE 2 2. That the modification be done as indicated on the applicant's plans submitted to this board. Vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, Mountin, Dixon. NAYS: None. ABSTAIN: None. The motion was declared to be carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I, Carrie Coates Whitmore, First Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 21St day of July 2008. First Deputy`T-bwn Clerk Town of Ithaca TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, JULY 211 2008 7:00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, July 21, 2008, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7:00 P.M., on the following matters: APPEAL of John H. Foote, Owner/Appellant, Dan Strawbridge, Strawbridge & Jahn Builders, Agent, requesting variances from the requirements of Chapter 270, Article IX, Section 270-71(A), and Article XXV, Section 270-205(A) of the Town of Ithaca Code, to be permitted to construct a 141+/- square foot addition to a home located at 228 Forest Home Drive, Town of Ithaca Tax Parcel No. 66-3-16, Medium Density Residential Zone. The proposed addition will encroach into the required 25 -foot front yard setback for structures in the (MDR) Zone. Additionally, the home is an existing non -conforming structure and the proposed addition/enlargement will increase the existing non -conformity. AP-P-EAL--of.T-homas-H..-Canfield, Owner/Appellant, _requesting -Special Approval -and v.ariances_from_the requirements of Chapter 270, Article VI, Section 270-30(B) and 270-34(B)of the Town of Ithaca Code, to be permitted to maintain a second dwelling unit in an accessory building located at 195 & 197 Calkins Road, Town of Ithaca Tax Parcel No. 32-2-13, Agricultural Zone. The floor area of the second dwelling unit exceeds 50% of the floor area of the primary dwelling unit and the width of the parcel at the street line does not meet the 60 - foot minimum required width. Both dwelling units have been in existence for at least 15 years (primary dwelling unit was built in 1940). The Zoning Board granted a 15 year time-limited area variance in 1993 for the improvement of an accessory building into the second dwelling unit. That approval will expire in July 2008. The Zoning Board may also need to determine whether the second dwelling is still considered an accessory building, meeting the intent of Section 270-30(B)(6), or whether a variance from that provision should also be granted. APPEAL of Brenda Prince, Owner/Appellant, requesting variances from the requirements of Chapter 270, Article VII, Section 270-47(C) and 270-48 of the Town of Ithaca Code, to be permitted to replace an existing one-story single family residence with a two-story single family residence located at 1106 East Shore Drive, Town of Ithaca Tax Parcel No. 19-2-7, Lakefront Residential (LR) Zone. The proposed construction will utilize the building footprint of the existing home. The southwest corner of the existing/proposed residence encroaches into the 20 foot required side yard setback. The proposal also exceeds the 10% maximum allowable lot coverage for structures in the LR Zone. The Zoning Board of Appeals approved this proposal, with conditions, on August 16, 2004. However, the approval expired because a building permit had not been issued and work on the project had not commenced within 18 months of the granting of the approval. APPEAL of Mark & Karen Hartsukyer, Owners/Appellants, Ernie Bayles, Architect, Agent, requesting variances from the requirements of the Town of Ithaca Code, Chapter 270, Article VII, Sections 270-43(A), 270-47(A), 270-47(B) and 270-47(C), and 270-48 to be permitted to construct a permanent single family home located at 819 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2-40, Lakefront Residential (LR) Zone. The proposed home will be constructed on an existing non -conforming lot (does not meet required lot area, lot width at street, lot width at setback, and lot depth). The proposed home will encroach into the required 30 -foot front yard setback, the required 50 -foot rear yard setback, and the both of the required side yard setbacks for buildings in the LR Zone. The proposal will also exceed the 10% maximum allowable lot coverage, and will include vehicular parking that will encroach into the required 100 -foot setback from the shoreline. Additional variances may be required. REQUEST of Marla Miller, Adjoining landowner, Charles Guttman, Agent, requesting an interpretation/ determination from the Zoning Board whether the current home occupation use of the property at 180 Calkins Road, Tax Parcel No. 33-2-3.1, Low Density Residential (LDR) Zone, is in violation of Section 270- 219.2(A)(B)(E)(F)(G)(H)(I) and (J) of Town Code. The adjoining landowner asserts that the dock building home occupation use exceeds the 500 square foot maximum allowable floor area permitted for home occupation uses in a residential zone, there are more than four persons including the household resident involved in on-site business operations, there is exterior storage of materials and equipment associated with .the business, there is offensive noise, dust and glare produced beyond the boundary line of the property conducting the business, there is traffic in greater volume than is expected in a residential neighborhood, the use is detrimental to the residential character of the lot and has had a significant negative impact on neighboring properties, and that business activities are not conducted wholly within the dwelling or accessory building on the property. APPEAL of Colleen Shuler, Owner/Appellant, requesting variances from the requirements of Chapter 270, Article VIII, Sections 270-56, -57, -58, and 270-59 of the Town of Ithaca Code, to be permitted to install and maintain radio translator facilities on barns located at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No. 28-1-26.6, Agricultural Zone. The proposed radio facilities are not a permitted use in the Low Density Residential Zone. The proposed facilities, particularly the antennas, may also require height variances from the Zoning Board. Said Zoning Board of Appeals will at said time, 7:00 p.m., and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearings. Jonathan Kanter, AICP Director of Planning 607-273-1747 Dated: July 11, 2008 Published: July 14, 2008 229 Forest Home Dr. Ithaca, NY 14850 607-257-3786 home 607-227-5358 mobile July 16, 2008 Zoning Board of Appeals Town of Ithaca 215 North Tioga Ithaca, NY 14850 Re: Appeal of John H. Foote 228 Forest Home Dr. Public Hearing July 21, 2008 Gentlemen/women: � , JUL 17 2008 ' TCAti'P; OF IT— HH A IUILDl�1c/7 Im .1 We live and reside at 229 Forest Home Drive, directly across the street from the subject property at 228 Forest Home Drive. As one of the few remaining owner/occupants in our corner of Forest Home we take a particular interest in issues impacting our Forest Home quality of life. The physical environment is a significant player in Forest Home's unique character and we appreciate your continuing consideration of this aspect in reviewing appeals such as this. John Foote has reviewed with us the proposed plan for expansion of the kitchen area at 228 Forest Home Dr. We believe the proposed changes are consistent with the physical and historic character of the property, are reasonably scaled to the property and neighborhood, and will reflect the continued good stewardship John and Kristin have shown toward this property. We further believe that these changes should not further contribute to future changes in use or modification of the property from its current single family status by the current or future owners. We are happy, therefore, to support this application for the necessary variances. Please feel free to contact me with questions or for any other assistance in this matter. Sincerely, David J. Kuckuk, AIA Cc: John Foote Jonathan Kanter, AICP Barbara Chambers, RA FHIA 229 Forest Home Dr, Ithaca, NY 14850 607-257-3786 home 607-227-5358 mobile July 16, 2008 Zoning Board of Appeals Town of Ithaca 215 North Tioga Ithaca, NY 14850 Re: Appeal of John H. Foote 228 Forest Home Dr. Public Hearing July 21, 2008 Gentlemen/women: JUL 17 2008��� OF ITN CA We live and reside at 229 Forest Home Drive, directly across the street from the subject property at 228 Forest Home Drive. As one of the few remaining owner/occupants in our corner of Forest Home we take a particular interest in issues impacting our Forest Home quality of life. The physical environment is a significant player in Forest Home's unique character and we appreciate your continuing consideration of this aspect in reviewing appeals such as this. John Foote has reviewed with us the proposed plan for expansion of the kitchen area at 228 Forest Home Dr. We believe the proposed changes are consistent with the physical and historic character of the property, are reasonably scaled to the property and neighborhood, and will reflect the continued good stewardship John and Kristin have shown toward this property. We further believe that these changes should not further contribute to future changes in use or modification of the property from its current single family status by the current or future owners. We are happy, therefore, to support this application for the necessary variances. Please feel free to contact me with questions or for any other assistance in this matter. Sincerely, David J. Kuckuk, AIA Cc: John Foote Jonathan Kanter, AICP Barbara Chambers, RA FHIA TOWN OF ITHACA 215 N. Tioga Street, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY (Roads, Parks, Trails, Water&Sewer) 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 PLANNING DEPARTMENT MEMORANDUM To: Zoning Board Members From: Christine Balestra, Planner Date: July 2, 2008 RE: 228 Forest Home Drive — Front Yard Setback, Area Variance Enclosed please find materials related to the proposed area variance for a 141+/- square foot addition to a home located at 228 Forest Home Drive, Town of Ithaca Tax Parcel No. 66-3-16, Medium Density Residential Zone. The proposed addition will encroach into the required 25 - foot front yard setback for structures in the (MDR) Zone. Additionally, the home is an existing non -conforming structure and the proposed addition/enlargement will increase the existing non- conformity. The Town of Ithaca Zoning Code requires a 25 -foot front yard setback for buildings in a Medium Density Residential Zone. The applicants want to build a 141 s.f. addition to the rear of the home to accommodate the remodeling of an existing kitchen. The addition will be located on the east side of the home, approximately 17+/- feet at its closest point from the southern street right-of- way line in the front yard. The applicant therefore requests an area variance from the ZBA for the addition to encroach into the front yard setback. The applicant also requests a variance from the non -conforming structure requirements of the Town Code. A portion of the existing home (built in 1830) encroaches into .the Forest Home Drive right-of-way and a portion of the home and accessory structure encroaches into the required front yard setback. The proposal to build an addition that further encroaches into the required front yard setback will increase/enlarge the existing non -conformity. According to 6 NYCRR 617 (State Environmental Quality Review Law), individual lot line and setback variances are considered Type II Actions. Therefore, the Zoning Board is not required to make an environmental determination for this project. Please contact me by phone at 273-1747 or by email at cbalestra@town.ithaca.ny.us with any questions you may have regarding this proposal. Att. JUN -11-2008 11:22 Mal: TO:16072725361 P.2 TOWN OF ITHACA 215 N. Tioga Stnwt, ITHACA, N.Y.14850 ,UN 1 3 2008 A tP mulmi TO.v. ; 7F ITtit1,CA P111,.I�1 TOWN CLERK 273-1721 SNOIN90MG 273-1747 P1,ASI NTNG 273-1747 BUMDING AND 7.GNING 273-1783 HIGHWAY (Rands. PWU & Trails. Water B: Sewer) 273-16% FAX (6071273.1704 SUBMIT THIS ONLY AFTER• r I 1 APPLYING FOR A BUILDING/SIGN PERMIT AND RECEIVING A DETERMINATION /DENIAL FROM CODE ENFORCENIENT STAFF OR I?) REFERRAL FROM PLANNIN(; BOARD BASED UPON SITE PLAN OR SUBDIVISION REVIEW. UW fVarial2ce k. JJ Variance - a�a-�a.3 • cc' .r x11'LL 77 ,. R': M shown 1 1'-a=xnW)qng application 'i ► plansor t supporting • desctiption of the practical 11 1••. 1 i : 4 ff�jL-F? - Signature of Print Name Here: 4! o HomdCell Telephone Number. J16!L ZS7 Co fA ? Work Telephone Number : ' a Y 4/ `.,___ kl I --:! kl /.( ,.. I _111111111 r.. '1 I !, 1 G.'. 1'i i -'rf-: l 1`: 1' 1 /.' LI' r'1 ':I V' 1 I , t• 1. {I S -1 r.. 1 , • ,rL 8 tIMt.Mk. �._. a.- .-. . III ..... n �. r.. r.rl 1 . "MI�m M .1-klnn Jim I.3 2008 TOWN OF I'THACA 7CM?: OF ITHACA ' SUILDING/ZONING 15 N. 'Tioga Street, "ACA, N.Y. 14850 TOWN CLERK 273-1721 ENGINEERING 273-1747 PLANNING 273-1747 BUILDING AND ZONING 273.1783 HIGHWAY (toads, Parks & Trails, Water & Sewer) 273-1656 FAX (607) 273-1704 Zoning Board of Appeals Application Fo�ira0 SUBMIT THIS.. ONLY AFTER, i I 1 APPLYING; FOR A BUILDING/SIGN PERMIT AND RECEIVING A DETFRMINATION /DENIAL FRUM ( ODE ENFORCEMENT EMENT STAFF OR Q) REFI RRAL FROM PLANNING BOARD BASED LIPON SITE CLAN OR S(I.BDiVISION REVIEW, e: 1 Area Varianm use variance an dance Sprinkler r Special 1 i The UNDERSIGNED at ZM i�� For wee Use Only Property is located within or adjacent to: Cmrnty Ag District UNA CEA Forest Home Historic District State Parktanother munkipality Application Form . cegr y , Town of lZ wa T4a7x Parcel N40 o. to be allowed to as shown on. the accompanying application and/or plans or other supporting documents. A description of the practical difficulties and unnecessary hardship and/or the Special streets as necessary): tool, authorization request is as follows Ipleam at wh any additional By filing this application. I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my propertyto inspect in connection with njg a pjication. Signature of Print NaHere: Nam Home/Cell Telephone Number: 1 Date: Work Telephone Number: ' 1647J.' .2.. NOTE: r i r 1 1' worikany In accordancegiven does1 i rc1 IS niondis, variance Your aftendance at am meeting is strongly i='d LLLSV262-T9T:01 T9ESJ2L82-09 8 NHUf '8 39GId8 MUd15:W021d U60:60 Bow-v-Nnf a� OF I Ty` _ Jy TOWN OF ITHACA 215 N. Tioga Street, ITHACA, N.Y. 14850 �I �o TOWN CLERK 273-1721 ENGINEERING 273-1747 PLANNING 273-1747 BUILDING AND ZONING 273-1783 HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273-1656 FAX (607) 273-1704 June 2, 2008 Dan Strawbridge Strawbridge and Jahn Builders Ithaca, NY 14852 Re: TPN 66.-3-16 Dear Mr. ge, This letter is in response to your request for a determination on the construction of a proposed addition to the main house at 228 Forest Home Drive. Based on the drawings you provide, the project is not in compliance with the Code of the Town of Ithaca and cannot be constructed without first obtaining the necessary variances. Section 270-71 requires a front yard setback of at least 25 feet. Based on the sketches you provided, neither the existing house nor the proposed addition conform to this requirement. Section 270-205 regulates nonconforming structures on lots. This section allows enlargement of the structure if the enlargement does not increase the nonconformity. That is not the case with the proposed addition. The above determination is based on the materials provided and addresses only the setback requirements. Additional variances may be needed once a complete building permit application is received and reviewed. Should you decide to pursue the proposed addition, contact Jon Kanter, Director of Planning to discuss application materials and scheduling for the Zoning Board of Appeals. Additional information on our, zoning, including the section noted above, is available on our website at www.town.ithaca.ny.us. CC: Jon Kanter, Director of Planning I Sincerely, nstle Rlce Senior Code Enforcement Officer ZONING BOARD OF APPEALS AREA VARIANCE CRITERIA FORM - (to be completed by Applicant) Applicant: Kristen Rupert and John Foote Address of Property Concerning Appeal: 228 Forest Home Dr, Ithaca NY 14850 Tax Map No.. 66-346 TEST: No area variance will be granted without a 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 X Reason: The 8 foot enlargement will not change in any significant way the exterior of the house (see Existing and Proposed south and east elevations) and will not impinge on any adjacent properties. 2. Whether benefit sought by applicant can be achieved by a feasible alternative to the variance: Yes No X Reason: The owners want to increase the size of the kitchen and while making minimal changes to the inside of the house which retains period architectural detail. Also, given that there is already a 7 foot bumpout,' the proposed enlargement does not change substantially the foot print or the exterior of the house. 3. Whether the requested variance is substantial: Yes No X Reason: The project will not in anyway alter the existing use of or access to the house. Further, the requested variance of 141 square feet represents less than 6% of the existing usable space of the house (excluding the basement). 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? Yes No x Reason: There will be no change in the use of or access to the house. 5. Whether the alleged difficulty was self-created: Yes No X Reason: The structure was built (in its current location) in 1830 and converted into a home in the 1890's. Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor—Kristen Rupert and John Foote, 228 Forest Home Drive, Ithaca NY 14850 2. Project Name—Remodeling of house located at 228 Forest Home Drive, Ithaca, NY. 3. Precise location -228 Forest Home Drive (between the two one way bridges), adjacent to Forest Home Chapel Tax Parcel Number: 66,3-16 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? x 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): The project entails the addition of approximately 141 sq ft to the rear of an existing single family house located at 228 Forest Home Drive to accommodate the remodeling of a kitchen. This addition will be achieved by increasing the footprint of the house approximately 8 feet (Note: There is an existing 7 foot bumpout attached to the rear of the house which will be replaced.) Construction is expected to commence in early fall, 2008. 6. Amount of land affected: Initially (0-5yrs)141 sq ft. ((k10yrs) n.a. (>10 yrs) n.a. Acres 7. How is land zoned presently? MDR 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes x NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new: Public Road? No Public Water? No Public Sewer? No 10. What is the present land use in the vicinity of the proposed project? Residential _X Commercial Industrial Agriculture Park/Forest/Open Space Other_ Please Describe: With the exception of the Forest Home Chapel that abuts the property on the north, all adjacent properties are residences. 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO_X If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Nam int r Type): John H. Foote Signature a June 12, 2008 -- v T Q J i�� mm m —� \ m 2 C co a O "V o 0D \ mm CIO # \ v ;u iiiiiP \ _......... m m m o. p w CIO tD> ps i;fY �S \ !� T 6. U t+lay t a 11 r p9 !� 4 tr F- .i//�/ovt tit ; tp + i .'. % f liPp iV.. }+Ya*i}N 4 +' y �r f 1. jT4r J __ � t to ++ f; ++i i:'-• , .tom �: + U -++ t N r co CO = Con 07 '-.Q. 'I +Y r*y'It ` y:'.a. Ze V + to a A+ O •+a ++t + a+ ' co n . .fig i'1•'+ ! t ''r�'n iow Ile. CD xzv?te 1%P. k /Vn m m cn Z .I j:. 10 1 M N D %' \ V # ! O O co a m An co o; m= A ! Aat 'z'9 53a o / rn A N / / cn z m ! rn. D�D En It m xi.' rtrzm. .1� �mp3 ' mD IF z .I CO IV OD m O M m 2 O K m 0 X m D D z m O n x m m r D n 2 m n c X m 0 r m n z O 0 J WSJ O O m X C mo m X X m v m z n m T r O O X o Foo z Of 'oil li ti I1 tl I _ J N T N OD 0 -n 0 0 X m m = C O m K m m o � m m cn D m m zz n m m 0 X 0 m = r m < X D D 0 n Z _ (q m n c m Z O N O C Site Location for 228 Forest Home Drive r_ 100 r. 1 r " �F i 1► r �� ♦ r� 4 r' Y° !r y N 4 0l' l 1,y9� TOWN OF ITHACA ie 21 215 N. Tioga Street, ITHACA, N.Y. 14850 w ' °o TOWN CLERK 273-1721 ENGINEERING 273-1747 PLANNING 273-1747 BUILDING AND ZONING 273-1783 HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273-1656 FAX (607) 273-1704 June 2, 2008 Dan Strawbridge Strawbridge and Jahn Builders Ithaca, NY 14852 Re: TPN 66.-3-16 This letter is in response to your request for a determination on the construction of a proposed addition to the main house at 228 Forest Home Drive. Based on the drawings you provide, the project is not in compliance with the Code of the Town of Ithaca and cannot be constructed without first obtaining the necessary variances. Section 270-71 requires a front yard setback of at least 25 feet. Based on the sketches you provided, neither the existing house nor the proposed addition conform to this requirement. Section 270-205 regulates nonconforming structures on lots. This section allows enlargement of the structure if the enlargement does not increase the nonconformity. That is not the case with the proposed addition. The above determination is based on the materials provided and addresses only the setback requirements. Additional variances may be needed once a complete building permit application is received and reviewed. Should you decide to pursue the proposed addition, contact Jon Kanter, Director of Planning to discuss application materials and scheduling for the Zoning Board of Appeals. Additional information on our zoning, including the section noted above, is available on our website at www.town.ithaca.ny.us. Sincerely, 9stie Rice Senior Code Enforcement Officer CC: Jon Kanter, Director of Planning 0 9 qW �-? Y- Q N (Xcr r� m Li J Q N WSW°' LIJ ZU2 O O_ n 0 N Z UJ m II cno;Ovtn� Ldrr 6 z 0 a LLI w J o d • E-+ Z N — w cr E 0 :m3 'c O = Z tD \_ W •6i t 3 M O cn > O r r a- o OI `W ZIt W v Ov N.f, W NZJ O1 M Q of 0 = C q OL a y C U -le-5I— Q)fq U.�•U N O +, +, > (^�/�/ I00 N ~ C U O OQ T O N Ii o1 �-? 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