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HomeMy WebLinkAbout2009 Board of Zoning Appeals/Decision letters(1/6W09) Sarah Myers - 1-09.doc Page 1 CITY OF ITHACA BOARD OF ZONING APPEALS: Notice is hereby given pursuant to Section 325- 40.B.(2)(g) of the Zoning Ordinance of the City of Ithaca, that a public hearing will be held Tuesday January 13, 2009, at 7:00 P.M. in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York to consider the following appeals: APPEAL #2778 125 CAMPBELL AVENUE Appeal of Gillian Ryan (Devenpeck), 125 Campbell Avenue for an area variance from Section 325 -8, Column 11 and 13, front and side yard setback requirements of the Zoning Ordinance. The applicant is under contract for the sale of his home located at 125 Campbell Avenue. The buyer's attorney is requesting the owner obtain a variance for the deficiencies in the front and side yard that do not meet the setback requirements for an R -la use district. The existing front yard setback is 18.2'; the ordinance requires a minimum setback of 25' from the property line. The existing side yard is 8.61; the ordinance requires a minimum of 10'. It was believed that when the west end plot was originally constructed, the new home at 125 Campbell Avenue did meet the required setbacks for a then "A -1 use district" that also required a 25' front yard setback and side yard setback of 101. About 20 years after these homes were constructed in the 50's, those lots were required to be surveyed by the lenders. The discrepancies in individual surveys that have appeared, after the original survey for the entire plot was created, is likely the reason why the current survey for 125 Campbell Avenue indicates that the property has a front and side yard deficiency. The property was built under a building permit and at the time, the former Building Commissioner Golden assured the lending institution, when the property was constructed under a building permit that it was in compliance with the required 25' and 10' setback. 125 Campbell Avenue is located in an Rl -a use district where single family dwellings are permitted. However, Section 325 -39 requires that a variance be granted before a Certificate of Occupancy can be issued. APPEAL #2779 208 RIDGEDALE ROAD (1/6/ ?,009) Sarah Myers- 1- 09.doc Page Appeal of Kathleen Carpenter on behalf of the Estate of Sylvia Mancuso for a special permit as required by Section 325 -8, column 3, permitted accessory uses of the Zoning Ordinance. This building was constructed in 1952 as a single family home. In January of 1953, the owner applied for a building permit to alter the single family home to accommodate a second dwelling unit and the district regulation stipulated that duplexes should only be considered accommodations for live in service staff. A BZA variance was applied for and due in part to the neighbors' opposition the variance was denied. The second unit was apparently constructed somewhere between 1953 and 1969. In 1969, a housing inspection revealed that there were two dwelling units at 208 Ridgedale Road. The building department did not act on the nonconforming use until 1980 when the illegal use was recognized. Rather than force the owner to quit using an apartment that had been part of the income they relied on for years, the Building Department restricted the apartment's use to the Mancuso's. The current owner would like to keep the apartment and plans to sell the property as a single family home with an accessory apartment. The owner seeks a special permit to bring the property into compliance with the Zoning Ordinance. The property located at 208 Ridgedale Road has an existing deficiency in both side yards that will not be exacerbated by the accessory apartment. The property is located in an R -lb residential use district in which the proposed accessory use is permitted. However, Section 325 -40 requires that a temporary permit be issued for an accessory apartment before a Building Permit may be issued. ACCESSIBILITY: If you have a disability that requires special arrangements to be made in order for you to fully participate in the hearing, please contact Linda Foley at 274 -6508 by the Friday before the hearing. Phyllis Radke Building Commissioner and Secretary to the Board CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 February 15, 2008 Paul Mazzarella FILED Ithaca Neighborhood Housing Services FEg 1 5 2 `30° 115 W. Clinton Street��� Ithaca, NY 14850 ° RE: Board of Zoning Appeals Meeting of February 5, 2008 Appeal #2719 — 301 South Geneva Street Board Members Present; Steven Beer, Jan deRoos, Nancy Falconer, James Marshall, Kenneth Reardon Following advice provided by the Secretary to the Board and Building Commissioner Phyllis Radke, the Board of Zoning Appeals voted to reconsider the appeal of Ithaca Neighborhood Housing Services (INNS) for a use variance from Section 325 -8 Column 2, permitted primary uses of the Zoning Ordinance. The motion was made to "reconsider, nullify and revoke the motion [of December 17, 2007] on the decision for appeal #2719, 301 South Geneva Street, in light of a new understanding of existing law that we were unaware of and because the constant interruption from a member of the audience made it impossible to determine with certainty what was the actual motion the Board voted on to grant concerning this property ". The motion was seconded and passed unanimously. Sincerely, LV<�- t - - ---- For the Building epartment Phyllis Radke, Building Commissioner PR/If "An Equal Opportunity Employer with a commitment to workforce diversification." ca CITY OF ITHACA BOARD OF ZONING APPEALS: Notice is hereby given pursuant to Section 325- 40.3.(2)(g) of the Zoning Ordinance of the City of Ithaca, that a public hearing will be held Tuesday February 3, 2009, at 7:00 P.M. in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York to consider the following appeals: APPEAL # 2780 625 -627 WEST BUFFALO STREET Appeal of Dennis Kolva on behalf of the owner Robert Srnka, for a home occupation special permit requirements of Section 325 - 9C(i) of the Zoning Ordinance. The applicant proposes to utilize a portion of his apartment for two in home businesses. One business is computer software company that developed a construction estimating and accounting program. This is a computer based business that consists of computer programming and manual writing. The second business is a web -based knife sales business. The knife sales consist of purchasing Swiss Army knives and reselling the items on a website. An inventory of knives is maintained for the resale internet business. The apartment contains 1681 square feet of total area which is located in the basement, first floor, and second floor. The area of the home occupation in the apartment totals 220 square feet or 13 %, which is less than the allowable area of 252 square feet or 15% floor area coverage. The storage area will be 98 square feet or 45% which is less than the 50% of the allowable area for the home occupation and this home occupation meets the NYS Building Code requirements for a home occupation. The applicant has signed a lease for 625 W. Buffalo Street and would like apartment and conduct his home based located in a WEDZ -la zone where home However, section 325 -40 requires tha granted before a building permit can the apartment located at to continue to live in the businesses. The property is occupations are permitted. a special permit be be issued. APPEAL # 2782 121 EAST SPENCER STREET Appeal of David Henderson and Daina Taimina, for area variance from Section 325 -8, Column 4, off street parking requirements of the Zoning Ordinance. The applicant proposes to construct an efficiency apartment connected to the first floor of the owner CITY OF ITHACA BOARD OF ZONING APPEALS: Notice is hereby given pursuant to Section 325- 40.B.(2)(9) of the Zoning Ordinance of the City of Ithaca, that a public hearing will be held Tuesday March 3, 2009, at 7:00 P.M. in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York to consider the following appeals: APPEAL 4 2785 920 NORTH CAYUGA STREET Appeal of Jolie and Mike Massicci, for area variance from Section 325 -8, Column 14/15, rear yard dimension requirements of the Zoning Ordinance. The property located at 920 North Cayuga Street has an existing storage building located in the rear yard. This building was owned by the Department of Environmental Conservation for use as a treatment and storage facility for the contaminated groundwater treatment remediation that was performed in 2003. The owners have recently learned that the DEC has relinquished the storage building and instead of demolishing the building and its foundation, they would like to incorporate the building for use as additional space for the full service salon. The storage building is located in the rear yard, approximately 20' or 15% from the rear property line. The ordinance requires 33' or 25% for the rear yard set back. A special permit and area variance was approved on July 8, 2008 to operate a neighborhood commercial facility in an R -2b zone district. However, Section 325 -39 and Section 325 -40 requires that an area variance be granted before a Building Permit and a Certificate of Occupancy may be issued. ACCESSIBILITY: If you have a disability arrangements to be made in order for you the hearing, please contact Linda Foley Friday before the hearing. that requires special to fully participate in at 274 -6508 by the Phyllis Radke Building Commissioner and Secretary to the Board occupied dwelling located at 121 Spencer Street. The 260 square foot efficiency apartment will require one additional parking space to meet the zoning requirements. In 2002, the owner attempted to install two off street parking spaces in the front yard of the property. Unforeseen difficulties limited the project. The presence of bedrock and lack of stabilizing soil for the two large spruce trees limited the project to one parking space. The owners intend to use this apartment as a mother -in -law apartment or for live -in assistance. The addition of the efficiency apartment will not create additional area deficiencies. The property is located in an R -3b zone where two dwelling units are permitted. However, Section 325 -39 and Section 325 -40 requires that an area variance be granted before a Building Permit and a Certificate of Occupancy may be issued. APPEAL # 2783 414 -416 E. SENECA STREET HAS BEEN POSTPONED. ACCESSIBILITY: If you have a disability that requires special arrangements to be made in order for you to fully participate in the hearing, please contact Linda Foley at 274 -6508 by the Friday before the hearing. Phyllis Radke Building Commissioner and Secretary to the Board CITY OF ITHACA BOARD OF ZONING APPEALS: Notice is hereby given pursuant to Section 325- 40.B.(2)(9) of the Zoning Ordinance of the City of Ithaca, that a public hearing will be held Tuesday April 7, 2009, at 7:00 P.M. in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York to consider the following appeals: APPEAL # 2780 625 -627 WEST BUFFALO STREET Appeal of Dennis Kolva on behalf of the owner Robert Srnka, for a home occupation special permit requirements of Section 325 -9C (i) of the Zoning Ordinance. The applicant proposes to utilize a portion of his apartment for two in home businesses. One business is computer software company that developed a construction estimating and accounting program. This is a computer based business that consists of computer programming and manual writing. The second business is a web -based knife sales business. The knife sales consist of purchasing Swiss Army knives and reselling the items on a website. An inventory of knives is maintained for the resale internet business. The apartment contains 1681 square feet of total area which is located in the basement, first floor, and second floor. The area of the home occupation in the apartment totals 220 square feet or 13 %, which is less than the allowable area of 252 square feet or 15% floor area coverage. The storage area will be 98 square feet or 45% which is less than the 50% of the allowable area for the home occupation and this home occupation meets the NYS Building Code requirements for a home occupation. The applicant has signed a lease for 625 W. Buffalo Street and would like apartment and conduct his home based located in a WEDZ -la zone where home However, section 325 -40 requires tha granted before a building permit can the apartment located at to continue to live in the businesses. The property is occupations are permitted. a special permit be be issued. APPEAL #2784 114 SPENCER STREET EAST Appeal of Larry Beck on behalf of the owner Theron L. Johnson Trust for an area variance from Section 325 -8, Column 4, off street parking, Column 6, lot area, Column 10, percentage of lot coverage, Column 13, side yard setback, and Column 14/15, rear yard requirements of the Zoning Ordinance. The applicant is proposing to construct a deck on the rear of the dwelling located at 114 East Spencer Street. The building is situated so that the rear portion overlooks Six Mile Creek. The topography of the rear yard consists of a steep slope that extends from the building to the banks of the creek. The slope prohibits routine maintenance on the building due to the unsafe contour. The construction of temporary scaffold on the rear of the property, to maintain the building, exceeds the cost of building a deck that could be utilized as a working surface and used for the tenants to enjoy the scenic view after the work is completed. The applicant proposes two alternate deck configurations for the rear of the property. The first proposal is to construct a 30' wide deck that is 6' deep at the north eastern corner and narrows to 4' where is meets the rear property line. The second proposal is to construct a 6' X 44' deck along the entire back side of the building. A 416" X 24' triangular portion of the deck will extend past the existing property line onto City property that borders Six Mile Creek. An application for an encroachment agreement, with the City of Ithaca, will be heard at the March meeting of the Board of Public Works. The applicant felt that proposing the alternate configuration for the deck would be prudent in light of the scheduled meeting dates. The applicant will inform the Board of Zoning Appeals of the outcome of the March, 2009, Board of Public Works meeting. Both deck configurations extend to the rear property line, making in necessary to apply for a variance for the rear yard deficiency. The existing property is deficient in rear yard depth, having 8.3% or 3' of the required 20% or 25' of the ordinance. The proposed deck construction will increase the rear yard deficiency to 0' of the required 20% or 25' rear yard. The property at 114 East Spencer Street has existing deficiencies in off street parking, lot area, percentage of lot coverage, and side yard setback. These deficiencies will not be exacerbated by this proposal. The property is located in an R -3b residential use district in which the proposed use is permitted; however, Section 325 -38 requires that a variance be granted before a building permit can be issued. Appeal Number 2786 66 Woodcrest Avenue Appeal of Chris and Cindy Milner of 66 Woodcrest Avenue for an area variance from Section 325 -8, column 10, percentage of lot coverage, column 11, front yard setback, and column 12, side yard requirements of the Zoning Ordinance. The owners of 66 Woodcrest Avenue are proposing to construct a 220 square foot addition to their home that will result in the enlargement of the existing master bedroom at the south (front) and west side of the building. The addition will extend from the southwest corner of the existing building a distance of 10 feet and thereby will encroach into the property's required front yard setback. The property at 66 Woodcrest Avenue is in an Rla zone. This zone requires front yards to have a minimum depth of 25 feet. However, the addition will result in an 18 foot deep front yard setback. The 220 square foot addition will also result in another deficiency if constructed as proposed. The total lot coverage will increase 1.8 percent for a total of 21.8 %. Lot coverage in an Rla zone cannot exceed 20 percent. The property has an existing side yard deficiency that will not be exacerbated by this proposal. The property is located in an R -la residential use district in which a single family home is permitted. The proposed addition to the property at 66 Woodcrest will not meet all of the zone's lot requirements. Sections 325 -38 and 325 -39 of the Zoning Ordinance require that variances be obtained prior to the issuance of a building permit or a Certificate of Occupancy. APPEAL #2787 215 -217 EAST STATE STREET Appeal of Scott Whitham on behalf of Ithaca Properties, for an area variance from Section 325 -8, Column 14/15, rear yard and Column 8, maximum building height of the Zoning Ordinance. At the July 8, 2008 BZA hearing, the applicant, Scott Whitham requested an area variance for a rear yard deficiency for a new hotel to be constructed at the east end of the Commons at 220 East Green Street. This was the only zoning variance request initially thought to be necessary for the construction of the 85 foot tall hotel. However, the latest cost of developing this challenging site has forced the applicant to reconsider the design and initial layout of the hotel. Instead of the hotel being a stand alone building, the owner will combine several lots together in order for this hotel to be constructed as an addition to 215 East State Street, the Rothschilds building, that abuts the west side of the hotel parcel. The design change requires turning the building 180 degrees and having the face of the hotel at State Street instead of Green Street. Reversing the building will require a new area variance for a rear yard deficiency. Instead of the deficient rear yard facing the Commons, the new deficient yard will face Green Street. The design change will mean the original variance for the rear yard deficiency will be void and will need another variance for the rear yard deficiency that takes into account the building's changed orientation. Like the original variance, the rear yard needs to be a minimum of 20 feet. As constructed, the hotel will have a rear yard of 0 feet. The applicant is also proposing to enhance the appearance of the building by enclosing the heating, ventilation, and air conditioning units with a 21' high structure to screen the equipment at the top of the building from view. In order to offset the cost of the structure, the applicant proposes to create a space for a conference and meeting area within the screened structure. The intent is to utilize this area by providing private and public organizations a meeting space with a panoramic view. The property at 215 -217 East State Street is located in a CBD -85 and CBD -60 zone where hotel use is permitted. The zone district permits a maximum of 85' in building height. The equipment on the top of the building is not included in the measurements for height even though the mechanical equipment is almost 21 feet tall. The proposed structure, with the additional equipment screening, is 106' which exceeds the allowable height in feet of the zoning ordinance. Sections 325 -38 and 325 -39 of the Ordinance require that a variance be granted prior to a building permit or Certificate of Occupancy being granted. ACCESSIBILITY: If you have a disability that requires special arrangements to be made in order for you to fully participate in the hearing, please contact Linda Foley at 274 -6508 by the Friday before the hearing. Phyllis Radke Building Commissioner and Secretary to the Board CITY OF ITHACA BOARD OF ZONING APPEALS: Notice is hereby given pursuant to Section 325- 40.B.(2)(g) of the Zoning Ordinance of the City of Ithaca, that a public hearing will be held Monday, May 4, 2009, at 7:00 P.M. in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York to consider the following appeals: APPEAL #2781 407 HECTOR STREET Appeal of Michael Levy and Beth Taplitz, for an area variance from Section 325 -8, Column 10, percentage of lot coverage and Column 12, side yard setback requirements of the Zoning Ordinance. The applicants propose to construct a 12' x 12' deck and associated stairs to the rear of the dwelling located at 407 Hector Street. The applicant would like to attach the deck to an existing rear porch and utilize the area for outdoor enjoyment. The position of the deck is limited by an existing basement door located approximately 11' from the southeast corner of the dwelling. Positioning the deck to clear the basement door will result in a side yard dimension of 6' of the required 10' side yard setback. The addition of the deck will also increase the existing lot coverage deficiency from 30% to 33 %, the ordinance requires of a maximum of 25% lot coverage. The property is located in an R -2a residential use district in which the proposed use is permitted, however Section 325 -38 requires that a variance be granted before a building permit can be issued. APPEAL #2788 320 THIRD STREET Appeal of Lakeview Mental Health Services, Inc. on behalf of the owner ISN Housing Development Fund Co. for an area variance from Section 325 -8, Column 11, front yard requirements of the Zoning Ordinance. At the December 6, 2005 BZA hearing, the applicant, Lakeview Mental Health Services requested an area variance for a front yard deficiency for a new Institutional Use building to be constructed at 320 Third Street. The variance was for the reduction in the front yard setback requirements to 67" from the required 10' of the Zoning Ordinance. As part of the variance, the applicant proposed to consolidate the parcels located at 313 Forth Street, 315 Forth Street, and 310 -318 Third Street. After completing the building in October 2008 and as part of the consolidation, an as -built survey was performed in December 2008. The survey revealed that the front yard setback was 3' 10 %2" and not the 67" as requested at the December 6, 2005 BZA meeting. The resulting incorrect position of the building will mean the original variance for the front yard deficiency will be void and will need another variance for the front yard deficiency that takes into account the building's current front yard setback. The property is located in an R -3b residential use district in which the proposed use is permitted, however Section 325 -39 requires that an area variance be granted before a Certificate of Occupancy may be issued. APPEAL #2789 1022 -1024 NORTH TIOGA STREET Appeal of Lawrence Fabbroni on behalf of the owner Heritage Park Townhouses, Inc. for an area variance from Section 325 -8, Column 10, maximum percentage of lot coverage, Section 325 - 25A and C, frame accessory building, and 325 -32C (1), extension or enlargement of nonconforming uses or structure requirements of the Zoning Ordinance. At the July, 2008 BZA hearing, a variance was granted for the conversion of the existing mixed use building into a three unit multiple dwelling. Recently, during the demolition stage of the project, it was discovered that the rear portion of the building requires a new foundation. This part of the structure was a single -story storage area with a deck on top. A small enclosed porch on the west side of the building was also removed. The applicant is proposing to replace the 249 square feet that these structures occupied with a new 247.5 square foot two story addition. To enhance the building, the applicant proposes to incorporate covered porches on the west and south sides of the addition. Additionally, this new configuration requires that the 1022 N. Tioga Street apartments' rear door be relocated to the south side of the building. To accommodate this exit, a 92.75 SF porch will be added. These proposed enhancements will increase the overall lot coverage from 32% to 37.3% of the required 35% of the zoning ordinance. In an effort to beautify the property, the applicant proposes to demolish the failing two story garage located at the rear of the property and construct a new garage on the existing foundation. The existing foundation is located 1.2' from the rear lot line and 7' from the front yard lot line. The zoning ordinance requires accessory structures to be placed a minimum of 3' from any side or rear lot line and the accessory structure is not permitted in a required front yard. The property is located in an R -2b residential use district in which the proposed use is not permitted, Sections 325 -38 and 325 -39 of the Ordinance requires that a variance be granted prior to a building permit or Certificate of Occupancy being granted. APPEAL #2791 110 East Green Street Appeal of Lynn Cohen and Cinemopolis for variances from the Sign Ordinance Sections 272 - 3,272- 4a(1), 272- 4a(2), 272 -4b, 272- 6b(2), and 272 -9a, definitions for "front or face of building," projecting signs, overhead signs, number of signs, size of signs, and encroachment on sidewalk respectively. The appellant proposes to erect a total of 14 signs that either name the cinema or its logo or to promote coming attractions. Two signs will be erected on the front of the building owned by the City of Ithaca and leased by Cinemopolis at 110 East Green Street. On the front of the building the appellant proposes a sign with the Cinemopolis name along with an image of film off a reel above its business name. This sign is 42SF. The second sign on the front of the building will name the five movies being shown at the theater. This wall sign measures 2 feet by 40 feet or 80SF. Section 272 -6b(2) states that the business located at 110 East Green Street can either have one pole sign measuring not more than 50SF and 22 feet high or two wall signs. The two wall signs can be no more than 50SF each. The second wall sign on the face of the building is 30SF larger than what is allowed by the Sign Ordinance. On the front building wall there will also be five 4 foot x 3 foot poster signs showing images of coming attractions. The proposed signage on the front of the building would be seven signs measuring a total of 182 SF. The Sign Ordinance states under 272 -3 definitions that signs can only face a public street or highway. However, the appellant proposes to hang another Cinemopolis sign in the adjacent alley. The sign measures 8 feet by 18 inches and will designate the cinema business from the west end of the building. The alley will also be the location of five additional poster signs measuring 4 feet by 3 feet advertising coming attractions. This would add another six signs and 72 SF to the total signage Finally, the appellant would like to hang another 18 foot long Cinemopolis sign from the City of Ithaca garage's staircase facing East Green Street. This vertical blade sign will project more than 18 inches from the staircase and over the East Green Street sidewalk. The appellant would also like to hang an overhead sign in the alley that has been described in the previous paragraph. Projecting a sign over a sidewalk or hanging a sign from a ceiling, as proposed for the alley sign, are prohibited actions under Section 272- 4a(1) &(2) of the Sign Ordinance. In all, the appellant is asking to erect 13 wall signs measuring 254 square feet and one pole sign measuring 18 feet. Though signs cannot be more than 50SF, the total signage can also not exceed 1.5 SF of signage for every one linear foot of building frontage. Building frontage for the cinema at 110 East Green Street is 105 linear feet; the total signage allowed would be 157.5 SF The property at 110 East Green Street is in a CBD -65 zone where wall and pole signs are permitted, however Section 272 -18 states that any relief from the provisions of the Sign Ordinance must first be granted variances from The Board of Zoning Appeals. ACCESSIBILITY: If you have a disability that requires special arrangements to be made in order for you to fully participate in the hearing, please contact Linda Foley at 274 -6508 by the Friday before the hearing. Phyllis Radke Building Commissioner and Secretary to the Board CITY OF ITHACA BOARD OF ZONING APPEALS: Notice is hereby given pursuant to Section 325- 40.B.(2)(g) of the Zoning Ordinance of the City of Ithaca, that a public hearing will be held Tuesday, July 14, at 7:00 P.M. in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York to consider the following appeals: APPEAL #2793 701 WEST BUFFALO STREET Appeal of Pam Wooster on behalf of the owner J. Nicholas Slottje for an area variance from Section 325 -8, Column 16, minimum building height and 325- 16F(1), 325- 16F(4), height regulation requirements of the Zoning Ordinance. The applicant is proposing to construct a 1430 square foot single story addition to the building know as GreenStar Cooperative Market located at 701 West Buffalo Street. The addition will be located on the southern portion of the building which faces the existing parking area. The one -story addition was designed to compliment the existing single story building. The proposed addition will provide the needed space for a receiving area, meeting room, and expand the existing cafe's dining area from 20 seats to 55 seats. The property is located in a WEDZ -la zone where a single story addition is not permitted. The zone requirements, as outlined in 325 -16F (1) and (4), require all additions greater than 500 square feet to be a minimum of two stories and a maximum of five stories in height. The property is located in a WEDZ -la use district in which the proposed use is permitted, however Section 325 -38 requires that an area variance be granted before a building permit may be issued. APPEAL #2794 410 LINN STREET Appeal of Laura Cavin on behalf of the owner Carmen Partridge /Good Places LLC for a home occupation special permit requirements of Section 325 -9C (1) of the Zoning Ordinance. The property located at 410 Linn Street is currently used as a two family residence. The applicant would like to purchase the property and convert it to a single family owner occupied residence and utilize a portion of the first floor for a salon business. The applicant proposes to use two existing rooms located on the first floor. One room is to be used as a salon and the other for a private skin care room. The dwelling contains 1838 square feet of total area located on the first and second floors. The area of the two rooms to be used for the home occupation totals 265 square feet or 14 %, which is less than the allowable area of 275 square feet or 15% as permitted by the NYS Residential Code for home occupations. The property located at 410 Linn Street has existing side yard deficiency that will not be exacerbated by the proposed home occupation. The property is located in an R -2b residential use district in which the proposed accessory use is permitted. However, Section 325 -39 requires that a temporary permit be issued for the home occupation before a Certificate of Occupancy may be issued. APPEAL #2795 1022 -1024 NORTH TIOGA STREET Appeal of George Frantz on behalf of the owner Ronald S. Ronsvalle Jr. for a determination of the Findings of Fact for BZA Appeal # 2755, item 3, the repair of an existing garage. On July 1, 2008, the property located at 1022 -1024 North Tioga Street was granted a use variance to convert the building from two units with a commercial space to a three unit multiple dwelling. The appeal was granted based on the finding of fact that included the repair of an existing garage that was in poor shape. The repaired garage would provide two of the three parking spaces required by the zoning ordinance. On June 12, 2009, a Senior Code Inspector inspected the garage with an Engineer whom determined that the structure was unstable and in a progressive state of collapse. As a result, on June 19, 2009, the Building Commissioner ordered the building to be posted as structurally unsafe and be demolished. The owner called in emergency crews and removed the failing structure on June 20, 2009. After the garage was taken down, the Building Commissioner notified the owner's agent Larry Fabbroni that they would need to return to the BZA because they no longer met a condition for the use variance granted under Appeal # 2755. The applicant proposes to provide three parking spaces by utilizing the existing concrete slab that was formerly the garage floor for two spaces and adding a crushed stone surfaced area for the third parking space to meet the zoning requirements for parking. However, Section 325 -37 B requires that the applicant revisit the Board for a determination to remove the finding of fact and present to the Board an alternate plan to meet the zoning requirements. ACCESSIBILITY: If you have a disability that requires special arrangements to be made in order for you to fully participate in the hearing, please contact Linda Foley at 274 -6508 by the Friday before the hearing. Phyllis Radke Building Commissioner and Secretary to the Board (7/15/2009) Sarah Myers - July 14 BZA unofficial results Page 1 ` From: Linda Foley To: ATTORNEY; Building Department; BZA; CLERK, City; Cornish, JoAnn; Co... Date: 7/15/2009 11:32 AM Subject: July 14 BZA unofficial results UNOFFICIAL RESULTS CITY OF ITHACA BOARD OF ZONING APPEALS: Notice is hereby given pursuant to Section 325- 40.B.(2)(g) of the Zoning Ordinance of the City of Ithaca, that a public hearing will be held Tuesday, July 14, at 7:00 P.M. in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York to consider the following appeals: APPEAL #2793 701 WEST BUFFALO STREET Appeal of Pam Wooster on behalf of the owner J. Nicholas SloWe for an area variance from Section 325 -8, Column 16, minimum building height and 325- 16F(1), 325- 16F(4), height regulation requirements of the Zoning Ordinance. The applicant is proposing to construct a 1430 square foot single story addition to the building know as GreenStar Cooperative Market located at 701 West Buffalo Street. The addition will be located on the southern portion of the building which faces the existing parking area. The one -story addition was designed to compliment the existing single story building. The proposed addition will provide the needed space for a receiving area, meeting room, and expand the existing cafe's dining area from 20 seats to 55 seats. The property is located in a WEDZ -la zone where a single story addition is not permitted. The zone requirements, as outlined in 325 -16F (1) and (4), require all additions greater than 500 square feet to be a minimum of two stories and a maximum of five stories in height. The property is located in a WEDZ -la use district in which the proposed use is permitted, however Section 325 -38 requires that an area variance be granted before a building permit may be issued. PASSED WITH NO CONDITIONS. APPEAL #2794 410 LINN STREET Appeal of Laura Cavin on behalf of the owner Carmen Partridge /Good Places LLC for a home occupation special permit requirements of Section 325 -9C (i) of the Zoning Ordinance. The property located at 410 Linn Street is currently used as a two family residence. The applicant would like to purchase the property and convert it to a single family owner occupied residence and utilize a portion of the first floor for a salon business. The applicant proposes to use two existing rooms located on the first floor. One room is to be used as a salon and the other for a private skin care room. The dwelling contains 1838 square feet of total area located on the first and second floors. The area of the two rooms to be used for the home occupation totals 265 square feet or 14 %, which is less than the allowable area of 275 square feet or 15% as permitted by the NYS Residential Code for home occupations. The property located at 410 Linn Street has existing side yard deficiency that will not be exacerbated by the proposed home occupation. The property is located in an R -2b residential use district in which the proposed accessory use is permitted. However, Section 325 -39 requires that a temporary permit be issued for the home occupation before a Certificate of Occupancy may be issued. PASSED WITH NO CONDITIONS. APPEAL #2795 1022 -1024 NORTH TIOGA STREET Appeal of George Frantz on behalf of the owner Ronald S. Ronsvalle Jr. for a determination of the Findings of Fact for BZA Appeal # 2755, item 3, the repair of an existing garage. On July 1, 2008, the property located at 1022 -1024 North Tioga Street was granted a use variance to convert the building from two units with a commercial space to a three unit multiple dwelling. The appeal was granted based on the finding of fact that included the repair of an existing garage that was in poor shape. The repaired garage would provide two of the three parking spaces required by the zoning ordinance. On June 12, 2009, a Senior Code Inspector inspected the garage with an Engineer whom determined that the structure was unstable and in a progressive state of collapse. As a result, on June 19, 2009, the Building Commissioner ordered the building to be posted as structurally unsafe and be demolished. The owner called in emergency crews and removed the failing structure on June 20, 2009. After the garage was taken down, the Building Commissioner notified the owner's agent Larry Fabbroni that they would need to return (7/15/2009) Sarah Myers - July 14 BZA unofficial results Page 2 to the BZA because they no longer met a condition for the use variance granted under Appeal # 2755. The applicant proposes to provide three parking spaces by utilizing the existing concrete slab that was formerly the garage floor for two spaces and adding a crushed stone surfaced area for the third parking space to meet the zoning requirements for parking. However, Section 325 -37 B requires that the applicant revisit the Board for a determination to remove the finding of fact and present to the Board an alternate plan to meet the zoning requirements. TABLED FOR FURTHER REVIEW. Phyllis Radke Building Commissioner and Secretary to the Board CITY OF ITHACA BOARD OF ZONING APPEALS: Notice is hereby given pursuant to Section 325- 40.B.(2)(g) of the Zoning Ordinance of the City of Ithaca, that a public hearing will be held Tuesday, August 4, 2009, in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York. The BZA will hold a business meeting starting at 7:00 pm on August 4. At approximately 8:30 pm deliberations on case # 2795 will continue and a decision by the Board may be reached. APPEAL #2795 1022 -1024 NORTH TIOGA STREET The continuation of the appeal of George Frantz on behalf of the owner Ronald S. Ronsvalle Jr. for a determination on a change to the conditions made by the BZA when granting Appeal #2755 last year. At the July 14, 2009 meeting, deliberations of the appeal did not conclude and a motion was carried to table the deliberations until the next BZA hearing on August 4, 2009. In the findings of the original use variance, Appeal# 2755, the BZA granted the variance based upon the owner repairing the deteriorating garage located at 1022 -1024 North Tioga Street so that 2 cars could park on the property. The third required parking space was proposed to be created on the east side of this garage. However, before repairs were made, the garage's condition deteriorated to the point that on June 19, 2009, the Building Commissioner had to post the building as "unsafe" and "order" it to be demolished. Based on the fact that the garage no longer exists, the Board of Zoning Appeals will have to determine whether the alternative parking solution proposed by the applicant is satisfactory . ACCESSIBILITY: If you have a disability that requires special arrangements to be made in order for you to fully participate in the hearing, please contact Linda Foley at 274 -6508 by the Friday before the hearing. Phyllis Radke Building Commissioner and Secretary to the Board CITY OF ITHACA BOARD OF ZONING APPEALS: Notice is hereby given pursuant to Section 325- 40.B.(2)(g) of the Zoning Ordinance of the City of Ithaca, that a public hearing will be held Tuesday, October 6, 2009, at 7:00 P.M. in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York to consider the following appeals: NOTE: Due to an error in assigning appeal numbers, the cases will be heard in the order listed. APPEAL # 2800 103 FRANKLIN STREET Appeal of Jalil and Ariana Buechel, for an area variance from Section 325 -18C, rear yard setback requirements of the Zoning Ordinance. The applicant proposes to extend the existing carport 3' to accommodate vehicle parking and bicycle storage. 103 Franklin Street is located on a corner lot that borders Auburn Street. The existing carport, which is attached to the southeast portion of the dwelling, is in the rear yard facing Auburn Street. The existing carport has a rear yard setback deficiency as it is only 7' 3" from the rear lot line. The required rear yard setback is 20'. The addition to the carport will increase the deficiency in the rear yard 3 additional feet. The property located at 103 Franklin Street is located in an R -2b residential use district in which the proposed use is permitted, however, Section 325 -38 requires that an area variance be granted before a Building Permit may be issued. APPEAL # 2797 507 NORTH ALBANY STREET Appeal of Calvary Baptist Church, for area variance from Section 325 -8, Column 10, maximum lot coverage, Column 11, front yard dimension, Column 13, other side yard dimension, and Column 14/15, rear yard dimension requirements of the Zoning Ordinance. The applicant proposes to construct an addition to the existing building located at 507 North Albany Street. This addition is part of an overall plan to renovate the building to meet the growing needs of the congregation. The proposed 24' wide by 81' long addition will extend the full length of the southern portion of the existing building. In order to retain the aesthetic appearance of the building, the new addition will be constructed so that the addition will be flush to the existing front and rear walls of the church. Therefore, this will cause the front and rear yard deficiencies to be increased by a length of 8.7 feet in the front yard and 7.86 feet in the rear yard. The front yard is 1.3 feet deep, the required set back is 10 feet. The rear yard is 16.92 feet deep or 17% of the overall depth of the property, required is 25% (24.78') or 50 feet of the overall depth of the property. The new addition will increase the percentage of lot coverage from 38% to 66% of the required 35% maximum lot coverage of the zoning ordinance. The existing deficient side yard measuring 3.5' of the required 5' side yard setback will not be exacerbated by the proposed addition. The property at 507 North Albany Street is located in an R -2b residential use district in which the use is permitted. However, Section 325 -39 requires that a variance be granted before a Certificate of Occupancy may be issued. APPEAL #2799 143 MAPLE AVENUE Appeal of David Beer on behalf of the owner Coal Store Ventures LLC., for an area variance from Section 325 -8, Column 9, maximum height in feet requirements of the Zoning Ordinance. The applicant is proposing to construct a new 25 -unit four -story apartment building on the parcel located at 143 Maple Avenue. The new building will be built using pre - constructed modular units. The modular units are constructed off -site, transported to the job site, and then installed using a crane. These units are built to withstand the structural effects of shipping and installing the pre- manufactured pieces. As a result, the overall height of a modular building is larger than a conventional framed dwelling due to the increase in wall and floor dimensions. The combined effects of the modular construction and the site topography will cause the building to exceed the maximum height in feet. The building height will be 49 feet which will exceed the 40 foot requirement of the zoning ordinance. The property located at 143 Maple Avenue has existing front yard setback deficiency that will not be exacerbated by the proposed construction. The property is located in an R -3b residential use district in which the proposed use is permitted. However, Section 325 -39 requires that an area variance be granted before a Certificate of Occupancy may be issued. ACCESSIBILITY: If you have a disability that requires special arrangements to be made in order for you to fully participate in the hearing, please contact Linda Foley at 274 -6508 by the Friday before the hearing. Phyllis Radke Building Commissioner and Secretary to the Board CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 November 4, 2009 Ken Schlather, Executive Director Cornell Cooperative Extension of Tompkins County 615 Willow Avenue Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of November 3, 2009 Appeal #2798 — 615 Willow Avenue Dear Mr. Schlather: The Board of Zoning Appeals considered your appeal for a use variance from Section 325 -8, Column 2, permitted primary uses, Column 10, percentage of lot coverage, Column 11, front yard dimension, Section 325 -20 parking, and 325 -25C, frame accessory building requirements of the Zoning Ordinance. The four additions, including the accessory structure, will increase the overall lot coverage from 27% to 36.2% of lot coverage. The zoning ordinance permits a maximum of 35% lot coverage. The north addition which extends into the front yard will encroach on the front yard setback, resulting in a 4 foot setback of the 10 feet required by the zoning ordinance. The existing shed slab, located in the rear yard, is located 2.5 feet from the rear lot line. The zoning ordinance for an R -2b zone requires that an accessory structure be located a minimum of 3 feet from the rear lot line. At the November 3, 2009 meeting, the following findings of fact were noted: A. Use Variance: 1. A use variance has been requested by Cooperative Extension at 615 Willow Avenue, because the current use variance for this property, which has been in effect for a number of years, is proposed to be enlarged. The need to expand this commercial property, in an otherwise residential zone, requires that the owner demonstrate to the Board of Zoning Appeals that the request is unique and that it would be a financial hardship not to use the property as a commercial structure in a residential zone and increase the size of the commercial space with three small additions to the building and by rebuilding the existing shed. In order to use the property at 615 Willow Avenue for something other than one and two family dwellings, the owner must prove financial hardship by showing that using the property for nothing other than one and two family dwellings would cause a financial loss . Furthermore, this variance request asks the BZA to approve a variance for an addition to the building that was completed a couple of years ago. This addition linked the two main buildings at 615 Willow Avenue together. Any physical enlargement of 615 Willow Avenue requires approval of the Board of Zoning Appeals because the property is operating under a use variance that allows a commercial building to operate in a residential district. In the matter of the use `An Equal Opportunity Employer with a commitment to workforce diversification." 0 variance, the applicants have demonstrated that it would be an extreme hardship to turn those portions of the property into residential use and have shown with detailed financial documentation that any likely development for residential use would result in severe financial loss. 2. The hardship claimed is unique to that property because it's the only property in that zone that has these characteristics both in terms in use and in physical lay out. 3. The proposed use in terms of use variance criteria will not alter the essential character of the neighborhood and in looking at that benefit versus dis- benefit that the proposed architectural changes would improve the appearance and therefore, if anything, improve the visual character of the neighborhood. 4. The Board finds that while it is somewhat ambiguous, they are willing to find that the hardship has not been self- created because it results from the early 1960's zoning change which necessitated the granting of a use variance so that an existing commercial enterprise could operate in a new residential use district.. 5. The Board also finds that the proposed design is the minimum variance necessary in terms of the use variance request. Area Variance: 1. The construction of the additional spaces as proposed by the applicant also requires three specific area variances, one regards percentage of lot coverage, required is a maximum of 35% and if we go by the square footage. In the drawings submitted by the applicant, it appears that this would result in a net area coverage of 36.2% so it is, therefore, a minimal addition. Also required under Column 11 is the requirement for front yard set back ;required is 10', existing is 10', and proposed is 4'. The encroachment will enable construction of a portion of the new building that would project to the north towards Lincoln Street. This adds both functionally and aesthetically to the project and contributes to the successful conversion of that space. 2. The applicant is asking for addition of a storage shed to be located 2.5' from the rear lot line, required is 3; again a very minimal deficiency. 3. In all of the area variances, the Board finds that the benefit to the applicant far outweighs any drawbacks or disadvantage or disbenefit to the neighborhood. 4. The net change would not be undesirable; in fact, it would probably be a positive change. on the character of the neighborhood. 5. The Board agrees that the applicant could not feasibly achieve the benefit sought otherwise than by essentially the design that is proposed this evening. 6. We find that the hardship is not self- created with respect to the area variances and that overall, the proposed changes would add value to the functions of In light of the foregoing findings of fact, it is moved that both the area variance and the use variance be granted. The appeal was granted by a vote of 3 in favor, Board member, DeRoos- opposed. Sincerely, I � � For the Buildi Department Phyllis Radke, Building Commissioner PR:slm NOTE: A building permit must be obtained within two years from the date of the granting of this variance, and the work shall be substantially completed prior to the expiration of the building permit, as provided by Section 325- 40.C(7) of the City Ordinance, or this variance shall become void. The date of this letter is the date of filing for the purposes of appeal of this decision. There is a statute of limitations on the filing of an Article 78 appeal of thirty (30) days from the filing of this decision. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 November 4, 2009 David Beer 211 Hudson Street Ithaca, NY 14850 RE Board of Zoning Appeals Meeting of November 3, 2009 Appeal #2802 — 143 Maple Avenue Dear Mr. Beer: The Board of Zoning Appeals considered your appeal on behalf of the owner Coal Store Ventures LLC., for a special permit, Section 325 -9C, neighborhood commercial facility requirements of the Zoning Ordinance. In 2007, a special permit was granted to operate a coffee /bake shop. Recently, the business was sold and the new owner would like to improve seating, provide more selections, and increase profitability. The applicant is proposing to construct an addition to the existing coffee /bake shop building located at 143 Maple Avenue. The 490 square foot addition will enable the coffee shop to provide seating for 14 persons and add approximately 90 square feet to the existing kitchen area. The needed addition will allow the business to expand and be more profitable. The property located at 143 Maple Avenue has an existing front yard setback deficiency that will not be exacerbated by the proposed construction. The property is located in an R -3b residential use district in which the proposed use is permitted by special permit. Section 325 -39 requires that a special use permit be granted before a Certificate of Occupancy may be issued. At the November 3, 2009 meeting, the following findings of fact were noted: 1. The Board heard from the applicant that the special use would not create any significant negative impact in terms of traffic, congestion, property values, municipal services, noxious odors, etc. 2. The Board is convinced that this special use will be a net positive benefit to the community. 3. The Board did not hear from any interested parties in opposition to the proposal for the issuance of a special use permit. 4. The City of Ithaca Planning and Development Board endorsed the issuance of the special use permit. The Board feels that this type of business is well sited because it is proximate to dense residential development and offices. An Equal Opportunity Employer with a commitment to workforce diversification." C) 5. The Board is understands that the hours of operation will be from 6 a.m. to 11 p.m. seven days. 6. The Board hereby grants a special use permit for a coffee shop. The appeal was granted by a vote of 3 in favor, none opposed, and one member recused from the vote (Chair Beer). Sincerely, For the Buil ing Department Phyllis Radke, Building Commissioner PR:slm NOTE: A building permit must be obtained within two years from the date of the granting of this variance, and the work shall be substantially completed prior to the expiration of the building permit, as provided by Section 325- 40.C(7) of the City Ordinance, or this variance shall become void. The date of this letter is the date of filing for the purposes of appeal of this decision. There is a statute of limitations on the filing of an Article 78 appeal of thirty (30) days from the filing of this decision. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 November 4, 2009 David Beer 211 Hudson Street Ithaca, NY 14850 RE Board of Zoning Appeals Meeting of November 3, 2009 Appeal #2799 — 143 Maple Avenue Dear Mr. Beer: The Board of Zoning Appeals considered your appeal on behalf of the owner Coal Store Ventures LLC., for an area variance from Section 325- 913(1)(b), maximum building height, as specified in Section 325 -8, column 8, number of stories and Section 325 -8, column 9, maximum building height requirements of the Zoning Ordinance. The applicant is proposing to construct a new 25 -unit four -story apartment building on the parcel located at 143 Maple Avenue. The new building will be built using pre - constructed modular units. The modular units are constructed off -site, transported to the job site, and then installed using a crane. These units are built to withstand the structural effects of shipping and installing the pre- manufactured pieces. As a result, the overall height in feet of a modular building is larger than a conventional framed dwelling due to the increase in wall and floor dimensions. The combined effects of the modular construction, the site topography, and number of stories will cause the building to exceed the maximum allowable height in feet and the maximum allowable height in stories of the zoning ordinance. The property at 143 Maple Avenue abuts an R -1 b zone, therefore in accordance with Section 325 -9B, the R -1 b zone regulations apply. The proposed building will be 4 stories /49 feet in height which will exceed the R -1 b zone requirements of 3 stories /35 feet in height of the zoning ordinance. The property located at 143 Maple Avenue has an existing front yard setback deficiency that will not be exacerbated by the proposed construction. The property is located in an R -3b residential use district in which the proposed use is permitted. However, Section 325 -39 requires that an area variance be granted before a Certificate of Occupancy may be issued. At the November 3, 2009 meeting the following findings of fact were noted: 1. In hearing the case the Board considered the balance of the benefit to the applicant if the variance is granted versus any detriment to the health, safety, and welfare to the neighborhood. 2. The Board finds that this project produces no detriment to the neighborhood, given the lack of comments from the neighborhood; it appears that the property will not produce any undesirable character in the neighborhood. In fact, the "An Equal Opportunity Employer with a commitment to workforce diversification." is applicant is to be commended for phase two with respect to transition from the R1 b zone. Phase one has a two story building and the new phase two building is four stories and further away from the existing R1 b zone. 3. The Board finds that the benefit sought by the applicant would be very difficult to pursue other than the area variance requiring complete redesign and alternative manufacturer of the building. 4. The requested variance is considered to be minimal due to the code interpretation in terms of the way height requirements are measured. In fact the applicant is requesting a two foot height variance from first finished floor to the top of the building. The additional height requirement and the need for a variance comes from the measurement of the average exterior grade to the top of the building. Leeway was allowed in the request in case actual heights are greater than estimated. (approximately an additional 2 feet were added on to the increase in height proposal to allow for height variations in the field. This increased the requested variance. 5. The Board feels that the proposed variance will not have an adverse affect on either the physical or environmental conditions in the neighborhood, and the difficulty for the variance was not self- created. 6. In considering the variance, the Board considered the fact that the applicant has tried very hard to create a building that respects the site, that incorporates a large amount of the parking underneath the building in turn lifting the building a bit out of the site and that the applicant has done a very good job of balancing the desire to construct his phase two with the site topography. 7. The Board, therefore, recommends approval of this area variance. 8. The City of Ithaca Planning and Development Board reviewed the site and had comments that "although the Board does not normally support projects requiring an area variance for building height, there are specific circumstances in this case that taken together make such an additional height appropriate, including the large size of the parcel, the presence of a small existing street edge commercial building on Maple Avenue which provides screening from the street, and a small architectural scale at the street edge, the site topography which slopes down from the side entrance and therefore allows the proposed building to be located on the portion of the site that is significantly lower from the site entrance, and the proposal to provide parking beneath the building and in order to accommodate the parking, the foundation must be exposed to allow entrance to the parking garage, and that the proposed height does not conflict with the surrounding land uses, and that the proposed building is aesthetically harmonious with the existing apartment building on the site, and finally, that the site is screened with existing vegetation along the East Hill Recreation Way." In light of that, the members of the City of Ithaca Planning and Development Board recommend approval but have also recommended that the building be limited to four stories in order to maintain the neighborhood character. The appeal was granted by a vote of 3 in favor, none opposed, and one member recused from the vote (Chair Beer). Sincerely, For the Buildi Department Phyllis Radke, Building Commissioner PR:slm NOTE: A building permit must be obtained within two years from the date of the granting of this variance, and the work shall be substantially completed prior to the expiration of the building permit, as provided by Section 325- 40.C(7) of the City Ordinance, or this variance shall become void. The date of this letter is the date of filing for the purposes of appeal of this decision. There is a statute of limitations on the filing of an Article 78 appeal of thirty (30) days from the filing of this decision. CITY OF ITHACA BOARD OF ZONING APPEALS Tuesday, December 1, 2009 Unofficial Results APPEAL # 2801 600 HECTOR STREET Granted by a vote of 5 in favor, none opposed, with the condition that the driveway access is recorded as a deeded easement. APPEAL #2803 107 CORNELL STREET Granted by a vote of 5 in favor, none opposed. APPEAL #2804 110 COLLEGE AVENUE Granted by a vote of 5 in favor, none opposed, with the condition that the property owner agree to a reduction in the number of tenants from eight to seven. APPEAL #2805 106 -112 NORTH TIOGA STREET Granted by a vote of 4 in favor, 1 opposed, with the condition that a variance appeal must be resubmitted after a period of two years. (12/30/2009) Sarah Myers - BZA agenda for Jan. 12 Page 1 From: Linda Foley To: ATTORNEY; Building Department; BZA; CLERK, City; Cornish, JoAnn; Co... Date: 12/29/2009 5:34 PM Subject: BZA agenda for Jan. 12 It's short, so I pasted it below. There is no Jan. 5 meeting. Best wishes for the coming year. CITY OF ITHACA BOARD OF ZONING APPEALS: Notice is hereby given pursuant to Section 325- 40.B.(2)(g) of the Zoning Ordinance of the City of Ithaca, that a public hearing will be held Tuesday, January 12, 2010, at 7:00 p.m. in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York to consider the following appeal: APPEAL #2807 416 NORTH TIOGA STREET Appeal of Thomas M. Schickel, dba Schickel Architecture, on behalf of the owner Mia Pancaldo for an area variance from Section 325 -8, Column 4, off - street parking, Column 7, lot width at street, Column 12/13, side yard requirements of the Zoning Ordinance. The applicant received a building permit to alter the existing first floor space at the building located at 416 N. Tioga Street to accommodate the proposed psychology office. The reconfiguration of the office includes relocating the main entry door from the front of the building to the north side of the building. The applicant proposes to construct a new roof structure to provide protection from the weather and define the new entry that will lead to the main reception area. The new roof will be installed in a recessed portion on the north side of the building that is .7 feet from the property line; the Zoning Ordinance requires a 5 foot side yard setback. The property has an existing parking and other side yard deficiencies that will not be exacerbated by the proposed project. The property is located in a C -SU use district in which the proposed use is permitted, however Section 325 -38 requires that an area variance be granted before a Building Permit may be issued. ACCESSIBILITY: If you have a disability that requires special arrangements to be made in order for you to fully participate in the hearing, please contact Linda Foley at 274 -6508 by the Friday before the hearing. Phyllis Radke Building Commissioner and Secretary to the Board CITY OF ITHACA BOARD OF ZONING APPEALS: Notice is hereby given pursuant to Section 325- 40.B.(2)(g) of the Zoning Ordinance of the City of Ithaca, that a public hearing will be held Tuesday, December 1, 2009, at 7:00 p.m. in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York to consider the following appeals: APPEAL # 2801 600 HECTOR STREET Appeal of Margot Brinn and Thomas Beers, for area variance from Section 325 -8, Column 7, lot width at street requirements of the Zoning Ordinance. The property located at 600 Hector Street has two dwellings located on one parcel. One dwelling is located toward the street side of the property and the other is located approximately 260' from the road. The applicant proposes to subdivide the property and sell the street side home to her daughter. The existing property has 64 feet of road frontage and the owner proposes to use 10 feet of the frontage as a right -of -way to access the dwelling located in the rear of the property. The 10 foot access isle does not meet the required 40 foot width at street of zoning ordinance. The property is located in an R -2a residential use district in which the proposed use is permitted. However, Section 290 -6B requires a variance be granted before a Certificate of Lot Line Adjustment may be issued. APPEAL #2803 107 CORNELL STREET Appeal of Aimee and Johannes Lehmann for an area variance from Section 325 -8, Column 10, maximum percentage of lot coverage, Column 11, front yard setback, Column 12, side yard setback and Section 325 -25 C., accessory structure requirements of the Zoning Ordinance. Proposed is a two story addition at the rear portion of the dwelling located at 107 Cornell Street. The addition is designed to provide additional living space for the family. The ground floor will include a dining room, entry area, bathroom, and computer room. The second floor is designed for a bathroom and an office nook. Additionally, a new patio will be constructed off the rear of the addition. The proposed patio and addition will increase the lot coverage from 26 to 28 percent. The north side of the addition will be 5 feet from the property line. The Zoning Ordinance requires 10 foot side yards in the R- lb zone, where the property is located. There are existing deficiencies that will not be exacerbated by the construction of the proposed addition. The existing house has a front yard setback of 18.5 feet where 25 feet are required and a deficient side yard on the north side of the property that is 2.75 feet from the lot line, where a 10 foot setback is required. The existing garage is only 3.34 feet from the southern side yard lot line. The Zoning Ordinance requires that accessory structures in an R -1 zone must be no more than 6 feet from a side yard lot line. The property at 107 Cornell Street is in an R -lb residential use district where the proposed addition is permitted, however Section 325 -38 requires that a variance be granted before a building permit can be issued. APPEAL 42804 110 COLLEGE AVENUE Appeal of Daniel R. Hirtler of Flatfield Designs, on behalf of owners 110 College Avenue, James and Judy Shippy, for an area variance from Section 325 -8, Column 6, minimum lot size, Column 10, maximum percentage of lot coverage, Column 11, front yard setback, and Columns 12 and 13, side yard setback requirements of the Zoning Ordinance. The appellant proposes to replace the timber post foundation currently supporting the southwest corner of the house with a completely enclosed concrete foundation. The resulting additional basement space is to be used as a second bedroom in an existing basement apartment. Existing deficiencies will not be exacerbated by the construction of the new foundation. The lot size of the parcel at 110 College Avenue is 3,982SF, where 4,000SF are required. Lot coverage is 43.8 percent; maximum coverage in this zone is 40 percent. Front yard setback is 6.6 feet where 10 feet are required. The side yard setbacks are .4 and 4 feet; setbacks need to be 5 and 10 feet, respectively. Because of these nonconforming conditions, building occupancy is limited and will not be increased with the addition of another basement bedroom. The property is located in an R -3b residential use district in which the proposed use is permitted, however Section 325 -9 requires that a variance be granted before a Certificate of Occupancy be issued. APPEAL #2805 106 -112 NORTH TIOGA STREET Appeal of William Gray for the City of Ithaca's Board of Public Works in behalf of the City of Ithaca and Tompkins Trust Company for a sign variance from Section 325 -5.I, that prohibits billboards, 325 -6B.2, requirements of the CBD -60 zone for number and size of signs, and 272 -9, setbacks, requirements of the Zoning Ordinance. The City of Ithaca's Board of Public Works proposes to rent sign space on three clock towers located on "The Commons" at the State and Cayuga, State and Aurora, and State and Tioga Street, so the Tompkins Trust Company can erect signs on the clock towers for a period of two years. The three -sided clock towers have space on three sides so that a sign can be placed on each of the three sides. Only one side of the sign can be viewed from any position. In an agreement with the City, Tompkins County Trust will pay $20,000 towards the repair of the time and temperature displays that are part of the clock tower in exchange for placing their signage on the structures. The signs will read: "Clocks Sponsored by Tompkins County Trust ". However, even though the bank is located at 106 -112 North Tioga Street in the Commons, the banks' proposed signage will be displayed on the clock towers located in various places on "The Commons ". When a business places a sign somewhere other than the location of the business, the Sign Ordinance defines such signage as a `billboard ". Section 272 -5.I states that billboards are prohibited signs. Other violations of the Sign Ordinance are: 1) The clock towers meet the definition of a pole sign except that the clock towers are 24 feet tall. Section 272 -6 B.(2) states that pole signs can have a maximum height of 22 feet. Furthermore under 272 -6 B.(2) it states that a business can have only one pole sign. The City proposes to rent all three clock towers to the bank. Each clock tower will have a 4SF sign placed on each of the clock tower's 3 sides. A total of nine signs are requested with a total of 36 square feet of signage. Based on the length of the bank building's street frontage at 106 -112 North Tioga Street, the bank is allowed 61.5 feet of signage. The amount of signage currently at 106 -112 North Tioga Street is estimated to be 25SF. 2) Section 272 -9 requires signs to be setback 10 feet from any public highway or street right -of- way. The signs are actually located in the pedestrian walkway on "The Commons" and do not meet this requirement of the Sign Ordinance. The proposed signs will be erected in the CBD60 zone where business signage is permitted however Section 272 -18 of the Sign Ordinance states that deviation from the requirements of the Sign Ordinance must be granted variance(s) from the BZA before a sign permit can be issued. ACCESSIBILITY: If you have a disability that requires special arrangements to be made in order for you to fully participate in the hearing, please contact Linda Foley at 274 -6508 by the Friday before the hearing. Phyllis Radke Building Commissioner and Secretary to the Board