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HomeMy WebLinkAboutZBA Packet 2019-08-13Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday, August 13, 2019 @ 6:00 p.m. 215 N Tioga St. 0008-2019 Appeal of Kimberly Michaels, TWMLA, agent for Ithaca Community Childcare Center, 579 Warren Road, Tax Parcel 73.-1-1.4, is requesting variances from section 270-68, Permitted accessory buildings and uses, and 270-71, Yard regulations (2) of the Code of the Town of Ithaca, to be allowed to have 4 accessory buildings on a parcel where only 3 buildings are allowed, and to have 3 of those 4 accessory building in the front and side yard where they are only allowed in the rear yard. Contact Bruce Bates @bbates@town.ithaca.ny.us or 273-1721 ext. 2 with any questions. Bruce Bates Director of Code Enforcement TOWN OF ITHACA 215 N. Tioga Street, Ithaca. N.Y. 14850 www.town.ithaca.ny.us CODE ENFORCEMENT - BRUCE W. BATES, DIRECTOR p Phone (607) 273-1783 n Fax (607) 273-1704 ''^CEIVED cPdes@tQwn.ithaca.ny.us JUN 2 1 20f9 Zoning Board of Appeals Application Form: Submit this application ONLY after 1. Applying for a buiidlng/sign permit for which you rec^Nfe&tf ORCement determination/denial from Code Enforcement staff or 2. A referral from the Planning Board based upon a site plan or subdivision review. fw WOP .County Ag District: ^UNA; _ State Park/ar>Gther municipality For Office Use Only Property Is located within, or adjacent to: CEA Forest Home Historic District; ZBA Aopeafatice Fee: $150 - Area, Sign, or For Office Use Ontv Date Received:. Applicable Section(s) of Town Code: Zoning District:. Sprinkler Variance and Special Approval $250 - Use Variance Please 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 ^peals to be permitted to: At property address: 579 Warren Road, Ithaca NY 14850 Tax Parcel No. 73,-1-14 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. I grant permission for members of the Town of Ithaca Zoning Board of Appeals or Town staff to enter my property for any inspection(8) necessary that are in connection with my application. 4 PRINT NAME HERE:Kimberly Michaels Signature of Owner/Appellant: Signature of Agent: Date: Date: 27 June. 2019 Best phone number for contacting: £^3l|. kam@twm.la 607-277-1400 2"^ number: NOTE; Your attendance at the ZBA meeting Is strongly advised. AREA and SIGN VARIANCE CRITERIA FORM ftp be completed bv Applicant) Owner/Appellant/Agent Name: Kimberty Michaels Address of Property Requiring Variance; S79 warren Road, miaca ny i485o Tax Parcel No.: 73.-1-1.4 TEST; No area variance will be granted without consideration 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 properties? Yes NoFTI Reasons; The sheds are existing and only one Is partially visible from the road. The others are obscured by privacy fences. B. Can the benefit sought by the applicant be achieved by a feasible altematlve to the variance? Yes No! / I Reasons: Three of the four sheds house children's toys and are located in the playground by age-group per OOFS regulations. The fourth houses tools and maintenance equipment and is located along a driveway for easy access by facilities crew members and vehicles. It is partially obscured by existing vegetation. C. Is the requested variance substantial? Yes Nol / I Reasons: The four sheds are existing. They are well-t>elow the 2000 square-foot maximum at approximately 350 square feet. One is located in the rear yard per code and another meets side-yard requirements. Of the four, only two are located In improper yards. D. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood^ Yes Nof/I Reasons: Keeping the sheds where they are will not impact the physical or environmental conditions in the neighborhood. E. Is the alleged ilifficutty self-created? Yesx No I/I Reasons: Although the difficulty is partially self-created, three of the sheds were placed where they are In compliance with OCFS regulations that stipulate children of disparate ages may not be grouped together in play areas. The fourth shed is located for ease of access from the driveway: vehicles can safely approach the shed without conflicting with play areas or vehicles in the parking lot. ZBA Appl. Use Variance REV January 2014 6/27/2019 IC3 Zoning - Sheds etc - rcwOtwm.la - Trov^>i1dge Wotf Micheels Landscape /Vrct^tects Mai Marty Moseley Jun ii. 2019.1:03 pm to me, Bruce. Chris Rywt. I ctftnot locate where the existirtg sheds were approved to be installed (In the Town records). It would appear that there Is no buflding penrrit assodated with the sheds that are «(isting on the prc^wrty in question. I believe that an of the sheds will need to have pemiits apfriled for and they will need to comply with the yard setback provisions as identified in sedion 270-71E. (below). Addjttonafly. since the property is over 3 acres, section 270-68 C. indicates that only three accessory buildings can be located cm tfte parcel, and the accessory structures cannot exceed 2,000 square feet (see below). C. Up to three accessory bdldings other than a garage or a buildng occupied by a detached accessory dwening unK. all such accesscxY buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or Ivger. in which event the aggregate area of the accessory buildings may not exceed 2,000 square feet. E. Accessory buildings. (1). Buddings occupied by a detached accessory dwelling unit. Such buildings must be located in a rear yard, be at lead 30 feet from any sida lot iine, and be at least 15 feet from a rear lot Kne. (2). Al other accessory buMlngs (except garages, and except woodsheds meeting the reqiirements of Subsection Q 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 dweing unit), in the aggregate, may occupy not more than 40% of the thirty-foot rear yard setback required by Subsection g at)ove. (4). Accessory buildings (except for garages and buildings occupied by e detached accessory dwelling unit) shall be not less than three feet from any side or rear lot line. Any accessory building, other then a garage or a building occupied by a detached accessory dweling unit, on a comer lot shaH be not less than five feet from the rear lot Una. llank you, Mtity Moseley Sc Code EnlticcemeM Officer Town of Idisc* 213 N Tio{p Stieei Ichaca. New York 14950 P: 607-273 1783 F: 607-273-1704 ht^://mail.goo^.com/mail/u/OAI^ardVfrt>m%3A+MMo6eley%40tOMf).lthaca.ny.us/KtbxLzGHp(bUHzKQPMZKOjWsPRrfcJLtg 1/1 TRUWHRIi:)(.r WOLF MICHAELS June 27, 2019 liVirjBruce Bates Director of Code Enforcement Townoftthaca . m'i 215 North Tioga Street Ithaca. NY 14850 Dear Bruce, Marty and members of the ZBA, Attached, please find an application for a zoning variance at Ithaca Community Childcare Center, Ithaca Community Childcare Center is a children's daycare facility located on a densely-vegetated 4-acre parcel on Warren Road, The site is bounded by schools, health care facilities, and multi-family housing. There are four existing, non-compliant sheds on site that tfie client wishes to remain in their current location. In order for the sheds to be kept where they are, they will require a building permit and an area variance for: 1. Quantity: The property is larger than three acres and, as such, code indicates that only three accessory buildings can be located on the parcel and that the aggregate square-footage of the structures cannot exceed 2,000 square feet. There are currently four accessory buildings on site whose total square footage equals approximately 350 square feet. Three of the sheds hold outdoor toys for children of specific age groups. These disparate age groups must be kept apart from one another according to New York State Office of Children and Family Services (OOFS) regulations; the sheds for each age group are arranged within the playground accordingly. The sheds cannot be seen from the road, 2. Location: We believe that three of the sheds require a zoning variance for location. One shed is in compliance and is located in the rear yard per code. It will be relocated to accommodate new construction, but will remain in the rear yard. The other three are in non-compliant locations: In the front and side yards and these will require a zoning variance. Only one of these sheds is visible from the road and it is partially obscured by existing vegetation. This shed holds tools and materials for site maintenance and is positioned for easy access by facilities workers and vehicles. The final two sheds house outdoor toys for children and are located in the playground according to age-group. They are not visible from the road. Concurrently. ICS is proposing to expand. The expansion is in the process of site plan review and meets zoning regulations. After meeting with town planning and zoning officials, we believe the variances listed above will bring the site into compliance. Attached, please find the required forms, drawngs and all other relevant materials. The $150 application fee has also been submitted with this correspondence. If you have any questions or require furttier information, please do not hesitate to call. We are requesting review at your August IS'" ZBA meeting. Sincerely, Kimberiy Michaels Principal Trowbrldge Wolf Michaels Landscape Architects LLP 1 C01 vvV ct Gc \ 'C0& Str60li o L ITt* t01 Itl idCci. I Jc W T 01 K 1 'looO ; I. 'Ov I -eit t . 1 *100 www.twm.'a TRUWIiKl[)<.;i WOLI- MICIlAtLS Transmittal DATE: June 27, 2019 PROJECT: Additions and Renovation to Ithaca Chlldcare Center PROJECT NO: TWMLA No. 19008 Bruce Bates, Director of Code Enforcement Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 □□ □□□ COPIES DATE DESCRIPTION 1 June 27. 2019 Determination / Denial Letter from Code Enforcement 1 June 27, 2019 Cover Letter / Narrative 1 June 27. 2019 Zoning Board of Appeals Application Form 1 June 27. 2019 Current Survey Map 1 June 27. 2019 Proposed Layout Plan 1 June 27, 2019 Check for $150.00 REMARKS: Please review and let us know if you have any questions or comments. Thank you. SIGNED: Ryan Wright, RLA Trowbridge Wolf Michaels Landscape Architects LLP • Sinecc St ee:. 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