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HomeMy WebLinkAboutZBA Packet 2018-08-14Revised Town of Ithaca Zoning Board of Appeals Tuesday, August 14, 2018 @ 6:00 p.m. Appeal of Ralph Varn, agent, and Reed Dewey, owner, 203 Roat Street, Medium Density Residential, TP 71.-5-3 requesting a variance from Town of Ithaca Code Chapter 270-71E(1) Accessory buildings to be able to build a detached accessory dwelling unit where the minimum rear side-yard setback is 30 ft. and 6 ft. is proposed and from Chapter 270-70, Height limitations where one story and 20 ft. in height are allowed and the proposed are two stories and 25 ft., and from Chapter 270-219.6 C(2) Additional requirements applicable to detached accessory dwelling units where the street facing facade of a detached accessory dwelling unit must consist of at least 20% window or door openings and the proposed is approximately 17%. Town of Ithaca Zoning Board of Appeals Tuesday,August 14,2018 @ 6:00 p.m. The Zoning Board of Appeals will hear the following appeal with a public hearing for public comment at Town Hall, 215 N. Tioga St., on Tuesday, August 14,2018 beginning at 6:00p.m: Appeal of Ralph Warn, 203 Roat Street,Medium Density Residential, TP 71.-5-3 requesting a variance from Town of Ithaca Code Chapter 270-71E(1)Accessory buildings to be able to build a detached accessory dwelling unit where the minimum rear side-yard setback is 30ft and 6ft is proposed and from Chapter 270-70,Height limitations where 20ft. in height is allowed and the proposed is 25ft and from Chapter 270-219.6 C(2)Additional requirements applicable to detached accessory dwelling units where the street facing facade of a detached accessory dwelling unit must consist of at least 20% window or door openings and the proposed is approximately 17%. Applicable Code: 270-7IE.Accessory buildings. (1)Buildings occupied by a detached accessory dwelling unit. Such buildings must be located in a rear yard, be at least 30 feet from any side lot line, and be at least 15 feet from a rear lot line. §270-70 Height limitations. In Medium Density Residential Zones, no building shall be erected,altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade,whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. A building occupied by a detached accessory dwelling unit shall not exceed one story and 20 feet in height, except buildings constructed prior to the effective date of Local Law No. 20 of the Year 2017 may exceed these two parameters as long as the building height is not subsequently increased beyond that existing on the effective date of said local law. Other accessory buildings shall not exceed 15feet in height. §270-219.6 Accessory dwelling units. C. Additional requirements applicable to detached accessory dwelling units. (1) No other accessory dwelling units may be located on the lot; (2) If the street-facing facade of the building occupied by a detached accessory dwelling unit is visible from the street line, at least 20% of the street-facing facade must have window or door openings;and TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I,Paulette Rosa,being duly sworn,say that I am the Town Clerk of the Town of Ithaca,Tompkins County,New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper,Ithaca Journal. •ADVERTISEMENT/NOTICE •NOTICE OF PUBLIC HEARINGS Zoning Board Appeal:203 Roat Street Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca,NY 14850 Town website at www.town.ilhaca.nv.us Date of Posting: Date of Pjal^cation:8/6/2018 Paulette Rosa Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS)SS: TOWN OF ITHACA) Sworn toand subscribed before me this day of 2018. Notary Public Debra DeAugistlne Notary Public -State of MewYofk NO.01DF.6148035 Qualified inTompkins County My Commission Expires June19,20^2^ Town of Ithaca Zoning Board of Appeals Tuesday,August 14,2018 ®6:00 p.m. The Zoning Board of Appeals will hold aTownHalC215 N Tioga St. on Tuesday.August 14,2018beginning at 6:00 p.m on the following appeal. Appeal of Ralph Varn,agent,and Reed Dewey,203 Roat Street.Medium Density ^f^idential.TPrequestinga variance from Town of Ithaca Code Chapter 270-71 Ed)Accessory buildings to be able to build tached accessory dwelling unit where the minimurn rearsfdeyirdsllba^k is 30 ft^and 6 ft.is proposed f nd from Chapter 270-70,Height limitations where one story andin height are'^allowed and the proposed are two ctnrioc and 25 ft and from Chapter 270-219.b mooi tional requirements a(y3li«bledwelling units where the street facing facade ot a aetachedaccessory dwelling unit "^u^t consirt of at least 20%window or door openings and the proposed is ap proximately 17%. Paulette Rosa Town Clerk August 6.2018 TOWN OF ITHACA 215 N.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 codes@town.ithaca.nv.us Zoning Board of Appeals Apolication Form:."-'w/vof/t Submit this application ONLY after:1.Applying for a building/sign permit for which you receivers— determination/denial from Code Enforcement staffor 2. A referralfromthe Planning Board based upon a site plan or subdivision review. ZBA-Appearance Fee: $150^>^rea,Sign,or >prinkler Variance and Special Approval $250 ^se Variance Plea^check all that apply: V Area Variance Use Variance Sign Variance Sprinkler Variance Special Approval (Only 1 fee is required per appearance,higher fee prevails) For Office Use Only Property is located within,or adjacent to: CEA ^Forest Home Historic District; .County Ag District; UNA; State Park/another municipality For Office Use Only Date Received:Zoning District:. Applicable Section(s)of Town Code: Cgl7.^:r-Ty/^ll :-ii-Ti'Til-fri %-jO -Ol'i'Uo. The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals to be permitted to: At property address:_Tax Parcel No.7l-5''3 as shown on the attached supporting documents.As description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows:(attach any additional sheets as necessary): By filing this application,1 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. :pA LF44 VAPRINTNAMEHERE Signature of Owner/Appellant Signature of Agent: Date: Date Best phone number for^ont^ing:bC'"J'^'^TZ 2""number: Email: NOTE: Yourattendance at the ZBA meetingis stronglyadvised. •• AREA and SIGN VARIANCE CRITERIA FORM (to be completed by Applicant) (/aWOwner/Appellant/Agent Name:fiA Address of Property Requiring Variance;_ TaxParcel No.:^ TEST.A/o area variance willbe granted without consideration by the Board of the followingfactors: A.Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties^Yes No|^^^ Reasons:4-fA(/-£^5(Mll_/Ae_ -XC 5ET 8.Can the benefit sought by the applicant be achieved by a feasible alternative tothe variance?^Yes NoD^ Reasons:d'OlUVi M^ HA)Bif?.Hi A /F nee substan la ?''t ✓C.Is the reauesfed s^iance substantial^ Reasons:IAJF fe-A (^T7 Auo FuiPF lF-fe5riTS Uiyd'..A'°r?<="J IT" ^iAAt;'UD TH-ig L-FA-'^T'jt-(PAotTT D. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood^/Yes ti^X\ Reasons:-|-^IIOlp/.cT'(O^-T ^HACXi^, iT-y 15 KAcT MuAMt li5.i6((<,eA-"IAiaO IA)|L.U ^h&o^. E. Isthe alleged dif^lty self-created?Yes NoJ2i ^Lj~r v/AR-l S-4+Ays itvl -TM^ A'/>•ZBA Appl.Use Variance REV January 2014 Reasons: ^•7\ AREA and SIGN VARIANCE CRITERIA FORM (to be completed by Applicant) P-A^PM-(/vWOwner/Appellant/Agent Name: Address of Property RequiringVariance:y Tax Parcel No.:^ TEST:Ho area variance will be granted withoutconsideration by the Board of the following factors: A.Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby propertj^ Yes Nop Reasons: ^•^(V.5ET B.Can the benefit sought by the applicant be achieved by a feasible alternative tothevariance?^Yes,NoJ^ Reasons; C. Is the requested variance substantial?Yes NoJS Reasons: D. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? Yes Nol Reasons: 'ariance Dd?/oj^ E. Isthe alleged xi|ffi^lty self-created?Yes NoJX[ Reasons: ZBA Appl.Use Variance REV January 2014 Zoning Board of Appleals 215N.Tioga Street Ithaca,NY 14850 sTaRiaND BUILDEI^S Starland Builders,LLC 1319 Mecklenburg Rd. Ithaca,NY 14850 Monday,June 25.2018 RE: Reed and Greta Dewey 203 Roat Street,Ithaca,New York 14850 Dear ZBA, Please find attached sketches and map for a proposed construction of a 20'-0"x 24-0"apartment to builton almost the exact spot as the existing garge which Is 20-8"x 22-7".The existing garage is six feet from the property line as show on the attached survey map. The Dewey's are making this space for Mr.Dewey's mother and creating an attic space above to house an art collection of Mr.Dewey's Father. There is a big tree next to the garage,itis 15'-3"fromthe garage and if the Dewey's had to have a fifteen foot side yard the apartment would be to close to the existing tree. isefind attached photos. Thank You Haiph R. Varn Starland Builders,LLC 1319 Mecklenburg Road Ithaca,New York 14850 ••:":•!'^T.•m,_.. :--'frA: 'Mi ^MAtO aw y i Jo - 62"-•- ii•v>5 <Wit|« ^Q 0 ^ u> i'jl fMO ^^W«k>-onW i>p«PIM Fouwb |Pi*Ok*0 . w>cas.S&>-07E <)9 &'*ocex>5«tsvoo 6/18/2018 y https://mai 1.googlexom/mail/u/O/^sent/163b341 fSdd9119a?projecton=l &messagePaitId=0.2 1/1 31 I >V C-*-*—•-i c / 6/18/2018 3.png a j^sJ https;//inail.google.coni/inail/u/0/#sent/163b341 f5dd9119a?projector=1&messagePartId=0.4 1/1 6/18/2018 0.png 0 PcAk( https://inall.googlexom/mail/ij/0/#s€nt/163b341f5dd9119a?projectois=l&messagePartId=0.1 1/1 6/26/2018 •H. 1m lU^'V^X https;//mail.goog[e.com/maii/u/l/#iQbox/1643d2598148063a?projector=I IMG-0936JPG AUL 'IAuAaJ ? f i "a</(5'3> 1/1 6/26/2018 IMG-0933JFG M ht^://inail.googie.com/inail/u/l/#inbox/1643d26969153bd2?proJector=l&messageF^irtId=0.2 1/1 6/26/20 i 8 IMG-0934JPG % f i https;//mail.googIe.com/mail/u/l/#inbox/I64?d26969153bd2?projector=l&messagePartId=0.1 1/1 6/26/2018 IMG-0932JPG $ m https://mail.google.com/maii/u'l/#inbox/1643d2727a5f!f23?projector=l 1/1 6/26/2018 IMG-G93iJPG \ https://mail.googie.com/mail/u/l/#inbox/l643d27e40b08716?projector=l 1/1 6/26/2018 IMG-G942JPG https://mail.google.coiti/maii/u/l/#mbox/1643d24a4d0b065c?projector=l I/l Property Description Report For; 203 Roat St,Municipality of Ithaca Total Acreage/Size: Land Assessment: Full Market Value: Equalization Rate: Deed Book: Grid East: Area Living Area: Second Story Area: Additional Story Area: Finished Basement: Finished Rec Room 0.98 2018 -$133,900 2017 -$133,900 2018 -$250,000 2017 -$230,000 2018 -100.00% 2017 -100.00% 43103 850925 1,352 sq.ft. 664 sq.ft. 0 sq.ft. 0 sq.ft. 332 sq.ft. Status: Roll Section: Swis: Tax Map ID #: Property Class: Site: In Ag.District: Site Property Class; Zoning Code: Neighborhood Code: School District: Total Assessment: Property Desc: Deed Page: Grid North: Active Taxable 503089 71.-5-3 210 - 1 Family Res RES 1 No 210 - 1 Family Res 30071 Ithaca 2018 -$250,000 2017 -$230,000 8001 898115 First Story Area:688 sq.ft. Half Story Area:0 sq.ft. 3/4 Story Area:0 sq.ft. Number of Stories:2 Finished Area Over 0 sq.ft. Garage Special Districts for 2018 Description Units FD302-Ithaca fire 2 0 SD301-Ithaca sewer 1 SWRES-Solid waste 1 fee res. WD301-Ithaca 1 water Special Districts for 2017 Description Units FD302-Ithaca fire 2 0 SD301-Ithaca sewer 1 SWRES-Solld waste 1 fee res. WD301-Ithaca 1 water Exemptions Year 2018 2017 Taxes Year Description BAS STAR BAS STAR Amount $30,430 $30,200 Description Percent 0% 0% 0% 0% Percent 0% 0% 0% 0% Exempt 0/0 0 0 start Yr 2004 2004 Amount Type Type End Yr V Flag Value 0 0 0 Value 0 0 0 H Code Own % 0 0 *Taxes reflect exemptions,but may not include recent changes in assessment. From:Randy O. Wayne To:Paulette Rosa Subject:RE: Town of Ithaca, ZBA Meeting Date:Monday, August 06, 2018 3:56:17 PM Dear Ms. Rosa, I just read the variance request submitted by Ralph Varn [Warn] for 203 Roat Street and would like to add to my prior email by directly responding to the tests. Test A. By building an accessory dwelling, the character of the neighborhood will definitely be changed undesirably because it most likely will become a rental unit in the future. It will indeed be a detriment to a neighborhood with owner occupied dwellings. Test B. The same building could be build according to code in the rear yard with an asphalt path to give access to Reed’s mom. Or it could be built as an addition to the main dwelling. Granting a variance so that the dwelling will be 6 feet from the property line will certainly cause a loss of value and enjoyment for me at 201 Roat Street. Test C. The requested variance is substantial. An accessory dwelling is substantially different from a garage. Test E. The alleged difficulty is self-created since the same building could either be built in the rear yard according to code or as an addition to the main dwelling. Thanks you. Sincerely, Randy Wayne From: Paulette Rosa <PRosa@town.ithaca.ny.us> Sent: Thursday, August 2, 2018 10:44 AM To: Randy O. Wayne <row1@cornell.edu> Cc: 'arabella7th@live.com' <arabella7th@live.com>; Bill King <mharkins@twcny.rr.com>; Bruce Bates <BBates@town.ithaca.ny.us>; Caren Rubin (carenrubin@gmail.com) <carenrubin@gmail.com>; christine Jung <cjjung2009@gmail.com>; David Filiberto <dmfiliberto@gmail.com>; David Squires <dmsithaca@gmail.com>; George Vignaux (george@vignaux.com) <george@vignaux.com>; Paulette Rosa <PRosa@town.ithaca.ny.us>; Rob Rosen (robrosen78@gmail.com) <robrosen78@gmail.com>; Susan Brock (brock@clarityconnect.com) <brock@clarityconnect.com> Subject: RE: Town of Ithaca, ZBA Meeting Good Morning Mr. Wayne, As you can see, I have forwarded your comments to the Zoning Board of Appeals Members and this is in effect the same as you appearing and this will become a part of the record. Thank you for getting the comments to us. Paulette From: Randy O. Wayne [mailto:row1@cornell.edu] Sent: Thursday, August 02, 2018 10:17 AM To: Paulette Rosa Cc: 'arabella7th@live.com' Subject: FW: Town of Ithaca, ZBA Meeting Dear Ms. Rosa, Yesterday my wife Amy and I, who live at 201 Roat Street, received a letter from the Town of Ithaca Zoning Board of Appeals about a public hearing at Town Hall on Tuesday August 14, 2018 at 6 PM to comment on an appeal filed by Ralph Warn concerning 203 Roat Street. Mr Warn is requesting a variance to build a detached accessory dwelling unit with a side-yard setback of 6 ft instead of the 30 ft setback that would be mandated by Code 270-71E. We are in complete opposition to this request. Firstly, there is sufficient land at 203 Roat Street to locate a new accessory dwelling unit in the rear yard, at least 30 feet from any side lot line and a least 15 feet from the rear lot line as mandated by Code 270-71E. Indeed, there is already an accessory cabin in the rear yard. Secondly, and more importantly to us, our property value and the privacy we experience and enjoy in our backyard would suffer due to the encroachment of an accessory dwelling unit 6 feet from our property. We recognize that there is already a garage in the proposed location, however, the activities that take place in a garage are far less intrusive and more intermittent than the activities that typically take place in a dwelling unit. If the new accessory dwelling was built according to code in the rear yard of 203 Roat Street, there would be a tradeoff to the owners of 203 Roat Street between the merits of having a new accessory dwelling and the demerits of losing the natural beauty of their backyard. However, if the variance is allowed, we gain nothing and lose substantially and irreversibly the natural beauty and privacy of our backyard. We wholeheartedly oppose the variance and only support the building of a new accessory building that is consistent with Code 270-71E. We will be on vacation on August 14, and will not be able to attend the scheduled Zoning Board of Appeals meeting. We deeply care about the result of the Zoning Board of Appeals action. Can we either ask for a postponement of the hearing on this variance or perhaps is it possible that this letter can stand for my testimony? Thank you so much. We look forward to your response. Sincerely, Randy Wayne From: Chris Torres <CTorres@town.ithaca.ny.us> Sent: Thursday, August 2, 2018 9:43 AM To: Randy O. Wayne <row1@cornell.edu> Subject: Town of Ithaca, ZBA Meeting Mr. Wayne This is a follow up to our conversation we had over the phone regarding the upcoming ZBA meeting occurring on the 14th of August. I recommend emailing our Town Clerk, Paulette Rosa, as she could better assist you with this topic and your question. Her email is prosa@town.ithaca.ny.us. Best of luck, Chris From:reed@lansingcats.org To:Paulette Rosa; Paulette Rosa Cc:Greta; Curtis Dewey; JANETTE RHODES Subject:Thank you. Date:Friday, August 10, 2018 4:59:23 PM Hello, Paulette. We received the copy of Randy Wayne's comments you mailed. Thank you for sending. We understand Randy's concerns, as well as those voiced by one other neighbor. So the Board of Appeals Members understand, we have spoken with Randy, offered to show him our plans, offered compromises - effectively searching for a "middle ground" - that could potentially make all happy, etc. He stood firm. In fact, he would not even look at our plans. We did explain to Randy the reasons behind our needs. Our mother is elderly, physically compromised, and dealing with a melanoma diagnosis. At 82, and subsequent our father's passing in January 2017, her needs have increased, making proximity to us desirable, especially in terms of providing her much needed care. The design Mr. Ralph Varn has helped us with meets our mom's needs/desires - ground entry level living space, wheelchair accessibility, walk-in shower, etc., all within a space that provides her some level of "separation" and independence. Our sincerest hope is to have her with us for weeks at a time, with intentions to increase the length of her stays as she ages. Our sincerest intent in designing the structure was to provide Randy with the privacy he desires. Thank you. Reed and Greta Dewey Ausu.,2,2018 Town of Ithaca ® Zoning Board of Appeals Re:Comments for the meeting on August 14,2018 pertaining to a "accessory dwelling unit"at 203 Roat Street,Ithaca,NY. Dear Sirs, Since I am unable to attend the appeals meeting on August 14^^I've opted to send my comments for the record.I have lived on Roat Street for 42 years at 209 Roat Street,two doors down from the potential building request.The neighborhood has the beauty not found in other areas of the town or the city of Ithaca.The homes are of a variety in structure but easily are segregated by mature trees.The entire south side of Roat Street is the Country Club of Ithaca.A wonderful property that enhances our beauty of the separation of living space. I've know the 203 Roat Street owners for many,many years.Our children grew up together and attended grade schools through high school together.The request, which 1 am opposed to.is not necessary.The property,not counting the house, has three existing structures.A two stall detached garage basically in badly need of repair and painting.A large attached structure that was built it seems overnight on stilts that are used as living space,obtaining utilities from the main house.The structure is around 10'or less from the neighbors side property line. 1 sure would like to know how this got Town approval and an inspection should be warranted.It is breaking the zoning codes now in many ways.Then there is a third building near the rear of the property that has utilities coming from the main house.This building also appeared overnight and is around 6'from the neighbors property line. So I have to ask myself why are we adding yet another building,25'in height,or about the size of some of the neighbors homes on the street.Could it be that eventually they want income from a rental unit?Why do we want additional auto traffic on a small street that doesn't have sidewalks,culverts and cannot even allow for two small trucks to pass by each other.Or,why is the house being placed in a location or design that does not follow the zoning rules which are for the good of ALL Town people.Why is the unit separated from the house and not designed to attach to the house in the rear of the home?Many other homes,including mine, followed the building rules and added additional living space to conform to the Town's codes. Thank you for allowing me to express my thoughts.I would not agree for this appeal to be approved.There are other neighbors that have already expressed their negative opinions. With respect. David and Donna Wexler 209 Roat Street Ithaca,NY 14850 Wex209@gmail.com 607-280-1443 August 8,2018 Dear Zoning Board of Appeals, This letter is meant to provide comment on the appeal of RalphVarnfor a project at 203 RoatSt., Ithaca.This appeal Is scheduled to be heard on Tuesday,August 14,2018. Myfamily and I are abutters to 203 Roat St. We live next door at 205 Roat St. Since there are already 2 detached structures along the property line we share with 203 RoatSt., it is most likely that this proposed detached structure will probably be built along the other property line -the one shared with 201 RoatSt. If that isthe case, we would support whatever Randyand Amyhave to say since the proposed unit looks like it will be very close to their side lot line. Ifyou have any questions,feel free to call607-266-0831 (home phone- leave a message) or email me (Nick)at nivl{5)cornell.edu . Thanks, Nick Van Eck 205 Roat St. 2. Joyce Van Eck Neighbors with variances 309 Roat St – May 15, 2006 2006-035 for a 5’ encroachment for an addition 301 Roat St Carport already existing September 23, 2002 205 Roat February 24, 2003 Deck and attached shed 203 Roat St May 19, 2008 addition to home 7.5’ encroachment 112 Roat St Maintain existing garage Address:203 Roat St Parcel ID:71.-5-3 Issue Date Item Type Town of Ithaca 215 N.Tioga Street Ithaca,NY 14850 (607)273-1783 Parcel History Status ACCESSORY STRUCTURE CLOSED 8/13/2018 00/00 #Olose Date 3/31/1955 PERMIT#: Garage 5/1/1975 PERMIT#: Extend patio 7/23/1999 PERMIT#: LEGACY CLOSED OJtPeSS'^'^ CLOSED "i-LEGACY Kitchen mod/new 2nd floor deck/porch 8/20/1999 C0#:5400 CO Description:Kitchen mod/new 2nd floor deck/porch Final Comments: ISSUED 5/25/2001 PERMIT#:ACCESSORY STRUCTURE CLOSED New accessory building 11/7/2002 CO#:5655 CO Description:New accessory building Final Comments: 7/15/2003 PERMIT #:LEGACY New front porch 8/3/2004 CO #:6029 CO Description:New front porch Final Comments: ISSUED CLOSED ISSUED Page 1 of 2 \0 Address:203 Roat St Parcel ID:71.-5-3 Issue Date Item Type Town of Ithaca 215 N,Tioga Street Ithaca,NY 14850 (607)273-1783 Parcel History Status 5/28/2008 PERMIT#:SINGLE FAMILY RENOVATION CLOSED Construct 252-sq ft room addition 7/24/2008 PERMIT#:SINGLE FAMILY RENOVATION CLOSED 252 square foot detached room addition 10/2/2008 CO#:8103 CO Description:252 square foot detached room addition Final Comments: ISSUED 11/8/2013 COMPLAl PROPERTY MAINTENANCE CLOSED Two abandoned cars on the property 6/29/2018 APPLICAT AREA VARIANCE Detached ADD height and area variances Page 2 of 2 PENDING 8/13/2018 00/00 #Olose Date