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Home My WebLink AboutZBAA-24-28 Packet 172 King Rd ETown of Ithaca November 19, 2024 ZBAA-24-28 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 10/1 6/2024 Primary Location 172 King Rd E Unit Hospicare of Ithaca Ithaca, NY 14850 Owner Hospicare & Palliative Care Services 172 King Rd E 172 Ithaca, NY 14850 Applicant Aaron VanOrman 607-272-0212 ext. 132 avanorman@hospicare.org 172 East King Road Ithaca, NY, New York 14850 Internal Only-Review Tax Parcel No. 44.2-1-2 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 11/26/24 Variance Code Language ZBAA-24-28 Appeal of Hospicare Foundaon Incorporated, owner of 172 King Rd. East., Ithaca, NY, 14850; Aaron VanOrman Applicant/Agent; is seeking relief from Town of Ithaca Code secon 270-60E(2) (Yardregulaons), which requires an accessory building to be located in the rear yard, where the applicant is proposing construct an accessory building in the side yard. The current property is located in the Low-Density Residenal Zone Tax Parcel No. 44.2-1-2 Variance Code Section 270-260E(2) Internal Tasks to be Completed Meeting Result (First Appearance) – Materials For GML-239 Were Sent 10/21/2024 Deadline for Hearing Notice to Journal 11/14/24 Public Hearing Notice Was Sent 11/15/2024 Neighbor Notification Letters Were Sent 11/18/2024 Date Sign Was Picked-up – Material Packets Sent to ZBA Members – Historical Only Address affiliated with request Status 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* Shed location 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: The shed cannot be seen from any neighbor or nearby property. The shed will be covered by the current vegetation and trees 2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?* No Reasons: That location was choosen so we could put a solar light on the shed and illuminate our dumpster 3. Is the requested variance substantial?* Yes Reasons: If we have to put up a light pole to illuminate the shed the cost is around $8,000 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No Reasons: The shed will be build to town of ithaca standards and become part of the environment 5. Is the alleged difficulty self-created?* No Reasons: 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* Aaron R. VanOrman Oct 15, 2024 Meeting Date 11/26/2024 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 Attachments short EAF.pdf Uploaded by Aaron VanOrman on Oct 16, 2024 at 9:58 AM R EQU I R E DEnvironmental Assessment Form 1 Dana Magnuson From:Dana Magnuson Sent:Tuesday, October 29, 2024 9:53 AM To:avanorman@hospicare.org Subject:Building Permit Application BLD-24-164 for 172 King Rd. East/Hospice Care of Ithaca Has Been Denied/Area Variance Required Hello Aaron, Building Permit Application BLD-24-164 for 172 King Rd. East/Hospice Care of Ithaca has been denied due to an area variance required by the Zoning Board of Appeals. The proposed shed location is in the west side yard. The property is located in a Low Density Residential Zone. Per Town Law Chapter 270 Zoning Article VIII Low Density Residential Zones 270-60 Yard regulations. E. Accessory Buildings. [Amended 8-13-2012 by L.L. No. 11-2012; 12-11-2017 by L.L. No. 20-2017] (1) Buildings occupied by a detached accessory dwelling unit. Any such buildings must be located in a rear yard, be at least 50 feet from any side lot line, and be at least 35 feet from a rear lot line. (2) 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. (3) Accessory buildings (including garages, woodsheds, and buildings occupied by a detached accessory dwelling unit), in the aggregate, may occupy not more than 15% of the fifty-foot rear yard setback required by Subsection B above. (4) Accessory buildings (except for garages and buildings occupied by a detached accessory dwelling unit) shall be not less than three feet from any side or rear lot line. Any accessory building, other than a garage or a building occupied by a detached accessory dwelling unit, on a corner lot shall be not less than five feet from the rear lot line. This email can be submitted for the Determination/ Denial Letter required for Zoning Board of Appeals application ZBAA-24-28. Also, a Building Permit application is required for the existing shed in the rear yard noted on the Pre-site inspection 10/28/24 (link below). https://ithacany.portal.opengov.com/categories/1071/record-types/6527 The Town has no record of a Building Permit for the shed. Please let me know if you have any questions. Thank you, Dana Magnuson Senior Code Enforcement/Electrical Town of Ithaca 215 N.Tioga St. Ithaca, NY 607-273-1783 ext.131 dmagnuson@townithacany.gov www.town.ithaca.ny.us 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. October 21, 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 shed located at 172 King Road East, Tax Parcel #44.2-1-2, Hospicare & Palliative Care of Tompkins County, Owner; Aaron Vanorman, 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 Page 1 of 3 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 – Project and Sponsor Information Name of Action or Project: Project Location (describe, and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone: E-Mail: Address: City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES 2.Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval:NO YES 3.a. Total acreage of the site of the proposed action? __________ acres b. Total acreage to be physically disturbed? __________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? __________ acres 4.Check all land uses that occur on, are adjoining or near the proposed action: 5. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban) Aquatic Other(Specify):□ Forest Agriculture □ Parkland Page 2 of 3 5.Is the proposed action, a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? NO YES N/A 6.Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES 7.Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: ________________________________________________________________________________ NO YES 8.a. Will the proposed action result in a substantial increase in traffic above present levels? b.Are public transportation services available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES 9.Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 10.Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: _________________________________________ _____________________________________________________________________________________________ NO YES 11.Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ______________________________________ _____________________________________________________________________________________________ NO YES 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for Page 3 of 3 14.Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: □Shoreline □ Forest Agricultural/grasslands Early mid-successional Wetland □ Urban Suburban 15.Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered?NO YES 16.Is the project site located in the 100-year flood plan?NO YES 17.Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a.Will storm water discharges flow to adjacent properties? b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 18.Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment:______________________________________________ ____________________________________________________________________________________________ _ NO YES 19.Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ NO YES 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ NO YES I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Date: _____________________ Applicant/sponsor/name: ____________________________________________________ __________________________ Signature: _____________________________________________________Title:__________________________________ EAF Mapper Summary Report Tuesday, October 15, 2024 3:51 PM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF). Not all questions asked in the EAF are answered by the EAF Mapper. Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper. Digital data is not a substitute for agency determinations. Part 1 / Question 7 [Critical Environmental Area] No Part 1 / Question 12a [National or State Register of Historic Places or State Eligible Sites] No Part 1 / Question 12b [Archeological Sites]No Part 1 / Question 13a [Wetlands or Other Regulated Waterbodies] Yes - Digital mapping information on local and federal wetlands and waterbodies is known to be incomplete. Refer to EAF Workbook. Part 1 / Question 15 [Threatened or Endangered Animal] No Part 1 / Question 16 [100 Year Flood Plain]Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Part 1 / Question 20 [Remediation Site]No 1Short Environmental Assessment Form - EAF Mapper Summary Report