HomeMy WebLinkAboutZBA Minutes 2016-09-19TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
Monday,September 19,2016
215 North Tioga Street,Ithaca
6:00 P.M.
Appeal of Bryan Warren,Owner,requesting a variance from Town of Ithaca Code
Chapter 270-205 A"Nonconforming Structures"to enlarge an existing legally
nonconforming structure by converting an existing porch to livable space,adding a
second story to the porch with a balcony,and increasing the total mass within
required yards by 370.6 square feet;and from Chapter 270 -46 B, C and F "Yard
Regulations"to increase the encroachments into yards and the shoreline setback as
follows:encroachment into north side yard that results in a yard of 15 feet 9 %"
inches,where 20 feet are required;encroachment into south side yard that results in
a yard of 1 foot 7 %"inches,where 20 feet are required;and encroachment into the
rear yard and shoreline setback that results in a rear yard and shoreline setback of
19 feet 8 V2",where 25 feet is required;and from Chapter 270-47 "Building Area" to
increase the lot coverage from 24.3%to 27%where 10%is required.Property is
located at 1020 East Shore Dr.,TP 19.-2-18,Lakefront Residential (LR).
Bruce W.Bates
Director of Code Enforcement
9/13/2016
Customer:TOWN OF ITHACA
Address:215NTIOGAST
ITHACA NY 14850
USA
Run Times:1
Run Dates:09/13/16
Text of Ad:
TOWN OF ITHACA ZONING
BOARD OF APPEALS
NOTICE OF PUBLIC
HEARINGS
Monday
September 19,2016
215 North Tioga Street,
Ithaca 6:00 P.M.
Appeal of Bryan Warren,
Owner,requesting a var
iance from Town of ithaca
Code Chapter 270-205 A
"Nonconforming Structur
es"to eniarge an existing
iegally nonconforming
structure by converting an
existing porch to iivabie
space,adding a second
story to the porch with a
balcony,and increasing
the totai mass within re
quired yards by 370.6
square feet;and from
Chapter 270 -46 B, C and F
"Yard Regulations"to in
crease the encroachments
into yards and the shore-
iine setback as foiiows:en
croachment into north side
yard that results in a yard
of 15 feet 9 %"inches,
where 20 feet are required;
encroachment into south
side yard that results in a
yard of 1 foot 7 %"inches,
where 20 feet are required;
and encroachment into the
rear yard and shoreline set
back to increase the exist
ing encroachment by an
additional 6 feet 5 Mi"in
ches,where 25 feet from
the ordinary high water
line is required;and from
Chapter 270-47 "Building
Area"to increase the lot
coverage from 24.3%to
27%where 10%is re
quired.Property is located
at 102O East Shore Dr.,TP
19.-2-18,Lakefront Resi
dential (LR).
Bruce W.Bates
Director of Code
Enforcement
9/13/2016
The Ithaca Journal
Classified Ad Receipt
(For Info Only - NOT A BILL)
Ad No.:0001574569
Pymt Method Invoice
NetAmt:$23.09
No.of Affidavits:
3600 Highway 66,Neptune.NJ 07753
MEETING OF THE TOWN OF ITHACA
ZONING BOARD OF APPEALS
Monday, September 19,2016
Board Members Present: Rob Rosen, Chair; Bill King, Christine Decker, George Vignaux and
Chris Jung Alternates Karin Rubin and William Highland
Staff: Bruce Bates, Director of Code Enforcement; Paulette Terwilliger, Town Clerk; Susan
Brock, Attorney for the Town
Meeting called to order at 6:02 p.m.
Appeal of Bryan Warren, Owner, requesting a variance from Town of Ithaca Code Chapter
270-205 A "Nonconforming Structures" to enlarge an existing legally nonconforming
structure by converting an existing porch to livable space, adding a second story to the porch
with a balcony, and increasing the total mass within required yards by 370.6 square feet; and
from Chapter 270 - 46 B, C and F "Yard Regulations" to increase the encroachments into
yards and the shoreline setback as follows: encroachment into north side yard that results in a
yard of 15 feet 9 inches, where 20 feet are required; encroachment into south side yard
that results in a yard of 1 foot 7 ^4" inches, where 20 feet are required; and encroachment into
the rear yard and shoreline setback to increase the existing encroachment by an additional 6
feet 5 '/4" inches, where 25 feet from the ordinary high water line is required; and from
Chapter 270-47 "Building Area" to increase the lot coverage from 24.3% to 27% where 10%
is required. Property is located at 1020 Bast Shore Dr., TP 19.-2-18, Lakefront Residential
(LR).
Gary Bush was available for questions and explained that the prior owner was only going to
build out a portion of the second floor but the current owners want to build out the entire second
floor and extend the footprint 2 feet toward the lake. There are no variances needed for the
minor extension to the dock.
Mr. Bates noted that there are existing variances allowing for the other design and they can either
be modified, or we would request new variances with these new plans.
Mr. Rosen stated that the drawings and plans for the last project seemed reasonable and we
approved that and this is a relatively minor change and the benefit to the applicant outweighs any
detriment to the neighbors if there are any. Ms. Rubin asked if the new plan would obstruct the
viewshed of the house to the north and Mr. Bush stated that it might just slightly but the two
neighboring houses are closer to the lake than this house and in fact block this house's view
significantly more than might be blocked by this plan.
Some discussion followed regarding the history of the small lots in this area that cannot adhere to
any of the current zoning given that most of the lots are smaller than the setbacks required.
Mr. Rosen opened the public hearing at 6:12 p.m.; there was no one wishing to address the board
and the hearing was closed.
Filed with TC 10/7/2016 ZBA 9-19-2016 pg.l
Ms. Brock stated for the record that no SEQR is required; Type 2, granting of an area variance
for a single family residence.
Board members reiterated that there is no detrimental effect to the neighborhood and is in
keeping with the rest of the houses in the area.
Philip McMichael, the new owner stated that this process has been very interesting because the
neighboring houses are much larger and the docks are much larger than what they are proposing
and block the views much more yet this whole detailed process has been required. Ms. Brock
responded that many of the houses in the area are "grandfathered" in the way they are because
again, a long time ago, the City swapped parcels with the Town and these were already built.
The Board and staff discussed the details of the plans and the figures needed for the variance.
Christine Decker recused herself from voting on this appeal stating that she is a longtime friend
of the applicant and did not want any appearance of a conflict. Alternate Bill Highland will vote.
ZBA Resolution 0017-2016 Area Variance
1020 East Shore Dr., TP 19.-2-18
October 19,2016
Moved by Rob Rosen, seconded by George Vignaux
Resolved that this board grant the appeal of Owner, requesting a variance from Town of Ithaca
Code Chapter 270-205 A "Nonconforming Structures" to enlarge an existing legally
nonconforming structure by converting an existing porch to livable space, adding a second story
to the porch with a balcony, and increasing the total mass within required yards by 370.6 square
feet; and from Chapter 270 - 46 B, C and F "Yard Regulations" to increase the encroachments
into yards and the shoreline setback as follows: encroachment into north side yard that results in
a yard of 15 feet 9 inches, where 20 feet are required; encroachment into south side yard that
results in a yard of 1 foot 7 ^4" inches, where 20 feet are required; and encroachment into the rear
yard and shoreline setback to increase the existing encroachment by an additional 6 feet 5 'A"
inches, where 25 feet from the ordinary high water line is required; and from Chapter 270-47
"Building Area" to increase the lot coverage from 24.3% to 27% where 10% is required, with the
following
CONDITIONS
1. That ZBA Resolution 0053a-2015 be rescinded in its entirety, and
2. That the project be built substantially as shown on the plans received by the Town on
September 12, 2016 which are dated August 22, 2016 (with C9 revised on September 9,
2016), and
3. That the encroachment into the rear yard and shoreline setback be no less than 19' 6"
inches and the setback of the new construction on the north side be no less than 15' feet
Filed with TC 10/7/2016 ZBA 9-19-2016 pg.2
and the setback of the new construction on the south side be no less than V foot 6"
inches, with the following
FINDINGS
That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the
community, specifically that the benefit sought by the applicant cannot be achieved by any other
means feasible given that
1. The house predates the zoning requirements and the lot is so small that no construction
could meet the side yard setbacks. The property is 38' feet in total and the zoning
requires 20' feet for each side yard, and
2. There will not be an undesirable effect on the neighborhood or nearby properties given
that the neighboring properties are closer to the lake than the proposed construction, and
3. That the request is substantial, given that the required setback is 20' feet and the south
side yard setback will be 1.6 feet in the most extreme portion of the property but this
encroachment is typical of this neighborhood and the encroachment already exist, and it
is also substantial in the rear yard and shoreline setback given that 25' feet is required and
this will result in a rea yard shoreline setback of 19'feet 6" inches, but again, this is
typical of the neighborhood and the house is still further back from the lakeshore than the
houses to the immediate north and south of this property, and that the lot coverage is
substantial given that 10% lot coverage is required and this variance will result in a 27%
lot coverage, however, the existing lot coverage is 24.3% so the increase is not significant
in terms of what already exists on the property and neighborhood character, and
4. That the result will not have adverse physical or environmental effects as determined by
the SEQR not being required, and
5. While the alleged difficulty is self-created in that the owner wishes to expand their house,
the benefit does outweigh any detriment to the health, safety and welfare of the
community for the reasons stated above.
Vote: Aye - Rosen, King, Rubin, Vignaux and Jung Unanimous
Agenda Item - Approval of Minutes
Approval of minutes of the July meeting were moved by Mr. Rosen, seconded by Ms. Rubin
with Ms. Jung abstaining, unanimous.
Submi
Paulette Terwilliger, Town Clerk
Filed with TC10/7/2016 ZBA 9-19-2016 pg.3