HomeMy WebLinkAboutZBA Packet 2019-05-14
Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Tuesday May 14, 2019
6:00 p.m.
215 N. Tioga St
0002-2019 Appeal of Brigid Shipman, owner, 681 Five Mile Dr., Tax Parcel # 31.-2-
21.2 is seeking relief from section 270-219.5 H (2) of the Town's Stream setback
regulation to be permitted to extend a 12' x 16' (192 sq. ft.) driveway turn around area
into the required zone 2 stream setback.
Contact Bruce Bates, Director Code Enforcement & Zoning @ bates@town.ithaca.ny.us
or 273-1721 ext. 2 with any questions.
Final ZBA 2019-05-14 Pg. 1
Meeting of the Town of Ithaca
Zoning Board of Appeals
May 14, 2019
Present: Rob Rosen, Chair; Members Bill King, Chris Jung, George Vignaux and Alternate
David Filiberto Absent: Caren Rubin and David Squires
Staff: Bruce Bates, Code Enforcement; Paulette Rosa, Town Clerk; and Susan Brock, Attorney
for the Town
0002-2019 Appeal of Brigid Shipman, owner, 681 Five Mile Dr., TP 31.-2-21.2, seeking
relief from Town of Ithaca Code Chapter 270-219.5 H (2) of the Town’s Stream Setback
regulation to be permitted to extend a 12’ x 16’ (192 sqft) driveway turn around area into
the required Zone 2 stream setback.
Brigid and Neil Shipman were present to answer any questions.
Mr. Rose began by asking if the driveway was going to be asphalt or concrete.
Mrs. Shipman responded that it will be concrete.
Mr. Rosen stated that was good since his only concern was if it was asphalt, the oils running into
the drainage and stream.
Mr. Vignaux and Mr. King stated they visited the site and did not see any issues with the
turnaround. They felt it fit in with then surrounding neighborhood and it was a high traffic road
where a turnaround would be very useful.
Mr. King asked about the wording in the regulation wondering if the turnaround was pervious,
would a variance be needed. He thought the stream was very channelized and the slope of the
property also seemed to indicate any drainage would be away from the stream so it was not an
issue to him.
Mr. Bates added that the banks of the stream are very steep.
Ms. Brock reviewed the section and the Code does not make any distinction between pervious or
impervious.
Mr. Rosen opened the public hearing; there was no one present and the hearing was closed.
Mr. Rosen asked if SEQR was required and Ms. Brock stated that if the Board considers this part
of the construction of a single-family residence, the answer is no since area variances associated
with the construction of single-family residences do not require SEQR. The Board agreed.
ZBA Variance 0002-2019
Final ZBA 2019-05-14 Pg. 2
681 Five Mile Dr., TP 31.-2-21.2
May 14, 2019
Resolved that this Board grants the appeal of Brigid Shipman seeking relief from Town of Ithaca
Code Chapter 270-219.5 H (2) of the Town’s Stream Setback regulation to be permitted to
extend a 12’ x 16’ (192 sqft) driveway turn around area into the required Zone 2 stream setback
with the following:
Conditions:
1. That the turnaround be constructed substantially as show in the submission materials, and
2. That the turnaround be constructed of concrete.
Findings:
That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the
neighborhood given that
1. The benefit to the applicant can be achieved by other means feasible, however, it would
not be aesthetically pleasing, and
2. That there will not be an undesirable change in the neighborhood character of to nearby
properties given that there are other driveways with turnarounds and the turnaround will
be shielded by trees, and
3. That the request is substantial, given it is 12’ feet into the 50’ foot buffer, but the benefits
of the Town’s Stream Setback provision will not be frustrated given the facts that the
stream is channelized and contained within steep banks and the grading has been changed
so it will not go into the stream, and no riparian vegetation exists in the area where the
proposed turnaround will be built and the construction of the turnaround will not increase
the potential for flooding given the depth of the banks and no erosion to the property will
happen and the impact of the construction of the turnaround is minimal, and
4. The difficulty is self-created in that the applicant wants to build the turnaround in that
location and
5. That no mitigation plan is necessary in this case given there is no drainage toward the
stream and there is no disruption of riparian vegetation and construction of the
turnaround will not increase the potential for flooding of the stream itself given the depth
of the stream, and
6. That the request will not have any physical or environmental impacts as evidenced by no
SEQR being required and for the reasons stated above.
Moved: Rob Rosen Seconded: George Vignaux
Vote: Ayes – Rosen, Vignaux, King, Jung and Filiberto
Meeting was adjourned upon a motion and a second at 6:32 p.m.
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 n Fax (607) 273-1704 ^£CPT^rT^
codes@town.ithaca.nv.us ,. ^ •*
Zoning Board of Appeals Application Form: ^
Submit this application ONLY after: 1. Applying for a building/sign permit for which you received acoof g
determination/denial from Code Enforcement staff or 2. A referral from the Planning Board based upon a
plan or subdivision review.
For Office UsoOnfv
Property is located within, or adjacent to:
CEA Forest Home Historic Dislricl;
.County Ag {District; UNA;
_ Slate Park/another municipality
For Office Use Only Date Received: 1^
Applicable SecSon(s) of Town Code:
Zoning District:
ZBA APDearance Fee:
$150 • Area, Sign, or
Sprinkler Variance and
Special Approval
$250 - Use Variance
Plea^ check all that apply:
X Area Variance
Use Variance
Sign Variance
Sprinkler Variance
Special Approval
(Only 1 fee Is required per
appearance, higher fee
prevails)
The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of
Appeals to be permitted to:
At property address: nv£:A h/^_Tax Parcel No.
as shown on the attached supporting documents. As description of the practical dlf^culties and unnecessary
hardship and/or the Special Approval authorization request is as follows: (attach any additional sheets as
necessary):
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.
PRINT NAME HERE: >^yc\ . li >i l ]
Signature of Owner/Appellant: I [Tl Date:
: ?X:^M<-I sisi ll i
Date:
Signature of Agent:Date:
Best phone number for contacting: (oOn number:
Email:
NOTE; Your attendance at the ZBA meeting is strongly advised.
^CEivgjj
AREA and SIGN VARIANCE CRITERIA FORM ' n M ■' 2 5
fto be completed by Aoolicant)
Owner/Appellant/Agent Name: ^ 1 jp *^OPE ^^FOrccm^jj.
Address of Property Requiring Varignce:_fjl/T' till It' Q<^
Tax Parcel No.: - ^
TEST: No area variance will be granted without consideration by the Board of the Allowing factors:
A. Will an undesirable change be produced in the character of the neighborhood or be a detriment to
nearby properties?Yes Nof^
Reasons:
B. Can the benefit sought by the applicant be achieved by a feasible alternative
to the variance?Yes No El
Reasons:
0. is the request^ variance substantial?
Yes No Q
Reasons:
D. Would the variance have an adverse Impact on the physical or environmental conditions in the
neiohborhood?Yes No [3
Reasons:
E. Is the alleged Aiffjculty self-created?Yes)(. Noi i
Reasons:
ZBA Appl. Use Variance REV January 2014
RECEIVED
'"R 2S K,3
Description of practical difficulties and unnecessary hardship;
TOWN OF ITHACA
CODE cNFORCEMENT
Initial planning for the cottage did not include a driveway as we planned to use the main
driveway to the existing house. The cottage is designed to accommodate me as I age and we
now realize that the distance from the main driveway to the cottage is too great and a driveway
should be included to make access to the cottage safer espedally in winter months.
We propose to place the driveway so that it aligns with the cottage. The driveway is outside of
the 50' setback for the stream but the turnaround is not. Placing it on the north side of the
driveway will help with the appearance of 2 separate residences and not encroach on the yard
of the existing home. A turnaround is needed on this road due to the high traffic volume and the
proximity to the intersection with Bostwick Rd. Please see the attached drawing and photos for
locations and dimensions.
Other than the area for the turnaround there will be no new changes to the vegetation in the 50'
setback. The area has been maintained as lawn for over 25 years.
A temporary driveway located in the same location as the permanent driveway is being installed
for construction of the cottage. This driveway is placed as far north on the property as possible
away from the current residence but is still at the edge of the setback. It is situated between a
sewer manhole cover and two utility poles. The turnaround will be tucked behind the current
evergreen tree to lessen the impact on the character of the property.
The location of the driveway has been verbally approved by the NYS DOT Assistant Resident
Engineer. Keith Van Gorder, and the Town of Ithaca Civil Engineer, Justin McNeal. Plans are
being submitted to them for final approval.
Tammy Snyder
662 Five Mile Dr.
Ithaca, NY 14850
Town of Ithaca Zoning Board,
I received a notice that my neighbor Brigid Shipman has applied for a variance to put a driveway
turn around on her property that, that impacts the stream set back. I am writing to let you know that I
am in favor of her being allowed to install he driveway turn around, despite it being closer to the creek
than the current zoning laws allow. That part of property is very flat and well drained. A driveway turn‐
around in that location will have little to no impact on the creek itself. Please grant Mrs. Shipman the
variance to install the driveway turn‐around.
Sincerely,
Tammy Snyder, RN, LVT
received
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i/'n^H<; of Saino Zazzora - Five Mile Drive- Town of Ithaca- Tompkins County- NewMay 15,1982 Scale 1":=80' By K. A.Baker I. S. 049U5
York
FILE l&S
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Map of fiood plain
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Overhead vie\« of the property showing the proposed location of the new structure, the stream and the flood
plain.
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TOWK' OF ITHACA
Google Street view of the current property
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