HomeMy WebLinkAboutZBA Minutes 2017-08-21 TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
Monday, August 21,2017
215 North Tioga Street, Ithaca
6:00 P.M.
Appeal of Hilary Diekow, 348 Warren Rd, TP 71.-4-6 MDR, requesting a variance
from Chapter 270-71(C) "Side Yards," of the Town of Ithaca Code, to add to an
existing deck on the side of the house
Appeal of Tracie Evans Sheldrake, 124 Seven Mile Dr., TP 33.-2-3.42 LDR, requesting
Special Approval from the Town of Ithaca Code Chapter 270-57 B(3) "Accessory
Buildings....special approval only," to be allowed to have an accessory dwelling unit in a
building other than the principal building.
Bruce W. Bates
Director of Code Enforcement
607-273-1783
Dated: August 11, 2017
Published: August 15, 2017
TOWN OF ITHACA ZONING BOARD OF APPEALS
Monday,August 21, 2017
Board Members present: Rob Rosen (Chair), Bill King, Chris Jung, George Vignaux and
William Highland Absent: Christine Decker and Carin Rubin
Staff present: Bruce Bates, Director of Building and Code Enforcement; Paulette Rosa, Town
Clerk; and Susan Brock, Attorney for the Town
Appeal of Hilary Diekow, 348 Warren Rd, TP 71.4-6 MDR, requesting a variance from
Chapter 270-71(C) "Side Yards," of the Town of Ithaca Code, to add to an existing deck on
the side of the house
Ms. Diekow and Mr. Skibinski (builder)were present to answer questions and Mr. Skibinski
stated that he is a friend of Ms. Diekow, not a contractor and he simply didn't know a permit was
needed and when he applied for one, they found out about the encroachment into the side yard.
The Board discussed the application saying that it did not seem significant, fits the character of
the neighborhood, is not in the front yard and is not massive in size.
Mr. Rosen opened the public hearing at 6:12p.m.; there was no one wishing to address the board
and the hearing was closed.
"The Board had some concern regarding setting a precedent for people to build something and
then seek a variance, but the Board recognized that each application is a balancing test, and
decided that this application would have likely prevailed had it been submitted before
construction."
Ms. Brock stated that SEQR is not required for a residential area variance.
ZBA Resolution 0021-2017 Area Variance
348 Warren Rd., TP 71.4-6 MDR
Hilary Diekow
August 21, 2017
Motion made by Rob Rosen, seconded by George Viganaux
That this board grants the appeal of Hilary Diekow, 348 Warren Rd, TP 71.4-6 MDR,
requesting a variance from Chapter 270-71(C) "Side Yards," of the Town of Ithaca Code, to add
to an existing deck on the side of the house with the following:
Conditions
1. That the deck not be expanded or enlarged, and
2. That the side yard setback be no less than 8' 6"feet, and
Findings
1. That the benefit to the applicant does outweigh any detriment to the health, safety and
welfare of the community, specifically that the benefit that the applicant wishes to
achieve cannot be achieved by any other means feasible given that the applicant wished
to expand the existing deck; and
2. That there will not be an undesirable change in the neighborhood character or to nearby
properties given that the deck is in the rear part of the side yard, is only a four foot high
simple deck and in character with the neighborhood, and
3. That the request is substantial given that it is a six foot encroachment on a fifteen foot
setback, and
4. The request will not have adverse physical or environmental effects given that SEQR is
not required; and
5. That while the alleged difficulty is self-created in that the applicant wanted this particular
design, the benefit to the applicant does outweigh any detriment to the health, safety and
welfare of the community for the reasons stated above.
Vote: Ayes —Rosen, Highland, Jung, Vignaux and King Unanimous
Appeal of Tracie Evans Sheldrake, 124 Seven Mile Dr., TP 33.-2-3.42 LDR, requesting Special
Approval from the Town of Ithaca Code Chapter 270-57 B(3) "Accessory Buildings....special
approval only," to be allowed to have an accessory dwelling unit in a building other than the
principal building.
Ms. Sheldrake explained that her parents sold their home and she is renovating her garage to
have an accessory unit for them to stay in when they come here for the summer. The garage was
built about 9 years ago and the house is over 150 years old and she has owned it for almost 40
years.
Mr. Rosen opened the public hearing at 6:37 p.m. There was no one present and the public
hearing was closed.
The Board looked at the requirements listed in the Code for special approval for a dwelling unit
in an accessory building. The Board did not think the additional unit would affect the character
of the neighborhood and the proposal adhered to all criteria for a special approval except the 40'
foot setback from all boundary lines which would require an area variance be applied for and
granted prior to the special approval and that variance was not advertised as required by law.
The Board looked at the applicants answers to the SEQR questions and agreed with her
statements, adding that most are answered simply by the fact that the building has been. there for
almost 10 years and no changes are being made to the outside and no enlargement of the garage.
?BA Resolution 0022-2017 SEAR
124 Seven Mile Dr., TP 33.-2-3.42 LDR
Tracie Evans Sheldrake
August 21, 2017
Motion made by Rob Rosen, seconded by Bill King
Resolved that this Board makes a negative determination of environmental significance based on
the information in Parts I and 2 and for the reasons stated in Part 3 of the SEAR form.
Vote: Ayes—Rosen, King, VignaLIX, Jung and Highland Unanimous
The Board turned back to the special approval and focused on the drawings submitted and the
measurements. After much discussion, the Board asked the applicant to measure accurately the
distance from the boundary lines for the next meeting and scheduled a special meeting, for
Tuesday, September 5, 2017 at 6;00 p.m. to allow the area variance to be published and acted
upon.
The appeal was adjourned until September 5, 2017 at 6,00 p.m. Or until the applicant can
produce accurate measurements.
Meeting was adjourned at 7:17 p.rri.
Submitte d,"b""
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Paulette Rosa, Town Clerk