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HomeMy WebLinkAbout2012 Board of Zoning Appeals/Decision lettersCITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 20112 January 5, 2012 Mr. Stephen A. Fontana. 327 Eddy Street Ithaca, NY 14850 Re: Board of Zoning Appeals Meeting of January 3, 2012 Appeal #2866 — 109 Dryden Road Dear Mr. Fontana: The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -8, Column 4, off street parking requirements of the Zoning Ordinance. The issues presented were that in 2000, you constructed a new 4 -story building with 7 apartments located at 109 Dryden Road. The required parking for the building is 9 spaces, 6 of which are on the property and a permanent lease was secured for the remaining 3 spaces at 317 -21 Eddy Street. During a recent housing inspection, you were informed that the spaces you had previously rented at 317 -21 Eddy Street were no longer available. You then leased spaces at 805 E. Seneca and 410 Eddy Street to meet the parking requirements. Both the Seneca Street and the Eddy Street properties have existing parking deficiencies and the spaces that are on the property cannot be leased. Though you have made a good faith effort to meet the parking requirements, but found that there are no legal leasable spaces within 500 feet that can be leased. Therefore, you requested that the Board relax the parking requirement from 9 spaces to 6 spaces for 109 Dryden Road. The property is located in a B -2b business district in which the use is permitted. However, Section 325 -39 requires a variance be granted before a Certificate of Compliance may be issued. It was moved to grant the variance based on the following findings of fact: 1. There will be no undesirable change produced in the character of the neighborhood or a detriment to nearby properties. 2. There is no other feasible method for the applicant to achieve the desired outcome. 3. The area variance requested is minimal. 4. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty was not self- created. Mr. Fontana has in good faith found three additional parking spaces at 317 -321 Eddy Street, but those are no longer available. 6. City Planning Department recommended the approval of this variance and also recommended that Common Council reexamine the off street parking sections of the City Code. `An Equal Opportunity Employer with a commitment to workforce diversification." 101 Mr. Stephen A. Fontana January 5, 2012 327 Eddy Street Page 2 Ithaca, NY 14850 Re: Board of Zoning Appeals Meeting of January 3, 2012 Appeal #2866 — 109 Dryden Road The variance was granted by a vote of four (4) in favor non opposed with the condition that it will expire in three (3) years and at that time will need to be reviewed by the Board of Zoning Appeals. Sincerely, For the Bui ding Department Phyllis Radke, Building Commissioner PR /mh cc: JoAnn Cornish, Director of Planning & Development CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 January 12, 2012 James & Antoinette lacovelli 243 Pennsylvania Avenue Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of January 3, 2012 Appeal # 2867 602 -612 West Seneca Street Dear Owners: The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -8, Column 9, the required building height of the zoning ordinance. The applicant proposes to construct a three -story apartment building located at 602 -612 W. Seneca Street. The building will contain 24 apartments and a commercial suite for a rental office. The building design is for residential use and in order to optimize energy efficiency, life safety systems and maintain a load basis that is acceptable for the soil conditions for the parcel, the applicant proposes to provide 8 foot ceilings for the building. The parcel is located in the WEDZ -1a zone which requires each story to be a minimum of 12' in height. The proposed building will have 9'6" floor -to -floor height causing a deficiency of 2'6" of the 12' minimum height required, of each floor, by the zoning ordinance. The height of the proposed building will be 28'6 ", plus the roof at 11'2 1/2" for an average height of 34'1 1/4 ". The average height exceeds the WEDZ -1a zone requirement having 34' 1 Y" of the 24'. The property is located in a WEDZ -1a West End Development Zone in which the proposed use as a multiple dwelling is permitted. However, Section 325 -38 requires that a variance be granted before a building permit may be issued. It was moved to grant the variance on the following findings of fact: 1. There will be no undesirable change produced in the character of the neighborhood or detriment to nearby properties. 2. The benefit to the applicant cannot be achieved by any other means other than an area variance which is the minimum height requirement. 3. The requested area variance is substantial. 4. No other feasible method can achieve the benefit sought. There will not be an adverse effect on the environmental conditions in the neighborhood or district. 5. The proposed variance was not self- created. 6. The City Planning Board recommends approval of this appeal and feels that the minimum story height requirement for upper stories in the Zoning District should be revisited. 7. The County Department of Planning has determined that it has no negative inter - community, or countywide impacts. 'An Equal Opportunity Employer with a commitment to workforce diversification." 0) James & Antoinette lacovelli January 11, 2012 243 Pennsylvania Avenue Page 2 Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of January 3, 2012 Appeal # 2867 602 -612 West Seneca Street The appeal was granted by a vote of four (4) in favor none opposed. Sincerely, Phyllis Radke, Building commissioner For the Building Department CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 February 8, 2012 -! 1 Ms. Katherine Beissner 107 -109 Crescent Place Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of February 7, 2012 Appeal #2870 —107 -109 Crescent Place Dear Ms. Beissner: . 2012 i � Titl The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -8, Column 11, front yard dimension, and 325 -25C, accessory structure location requirements of the Zoning Ordinance. The applicant proposes to convert the existing garage located at 107 -09 Crescent Place to an accessory apartment. The single story garage is located in the rear yard and measures 14' x 20'. The applicant proposes to construct a living room, kitchen, and bathroom on the first floor and add a dormered second floor to accommodate the bedroom. The existing garage was constructed 3' 91/2" from the rear property line. The zoning ordinance requires a 6' setback from the rear lot line for accessory structures located in an R -1 zone district. The property has an existing front yard deficiency,. for the primary dwelling, that will not be exacerbated by the proposal. The property is located in an R -lb residential use district in which the proposed accessory use is permitted. However, Section 325 -10 requires a special permit be granted before a building permit may be issued. 1. There will be no undesirable change produced in the character of the neighborhood or a detriment to nearby properties. 2. The benefit sought by the applicant cannot be achieved by some other method feasible, other than an area variance. 3. The area variance is minimal. 4. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty was not self - created. 6. The Special Permit is needed for this project with a three (3) year review in which the property will be inspected by the Building Department, and if found in compliance will be extended for an additional three (3) years. `An Equal Opportunity Employer with a commitment to workforce diversification." F1 Ms. Katherine Beissner 107 -109 Crescent Place Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of February 7, 2012 Appeal #2870 —107 -109 Crescent Place The variance was granted by a vote of four (4) in favor none opposed. Sincerely, For the Building Department Phyllis Radice, Building Commissioner February 9, 2012 Page 2 CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 ►'> January 5, 2012 Mr. Stephen A. Fontana. I`g 327 Eddy Street Ithaca, NY 14850 Re: Board of Zoning Appeals Meeting of January 3, 2012 Appeal #2866 — 109 Dryden Road Dear Mr. Fontana: The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -8, Column 4, off street parking requirements of the Zoning Ordinance. The issues presented were that in 2000, you constructed a new 4 -story building with 7 apartments located at 109 Dryden Road. The required parking for the building is 9 spaces, 6 of which are on the property and a permanent lease was secured for the remaining 3 spaces at 317 -21 Eddy Street. During a recent housing inspection, you were informed that the spaces you had previously rented at 317 -21 Eddy Street were no longer available. You then leased spaces at 805 E. Seneca and 410 Eddy Street to meet the parking requirements. Both the Seneca Street and the Eddy Street properties have existing parking deficiencies and the spaces that are on the property cannot be leased. Though you have made a good faith effort to meet the parking requirements, but found that there are no legal leasable spaces within 500 feet that can be leased. Therefore, you requested that the Board relax the parking requirement from 9 spaces to 6 spaces for 109 Dryden Road. The property is located in a B -2b business district in which the use is permitted. However, Section 325 -39 requires a variance be granted before a Certificate of Compliance may be issued. It was moved to grant the variance based on the following findings of fact: 1. There will be no undesirable change produced in the character of the neighborhood or a detriment to nearby properties. 2. There is no other feasible method for the applicant to achieve the desired outcome. 3. The area variance requested is minimal. 4. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty was not self- created. Mr. Fontana has in good faith found three additional parking spaces at 317 -321 Eddy Street, but those are no longer available. , 6. City Planning Department recommended the approval of this variance and also recommended that Common Council reexamine the off street parking sections of the City Code. `An Equal Opportunity Employer with a commitment to workforce diversification." Or Mr. Stephen A. Fontana January 5, 2012 327 Eddy Street Page 2 . Ithaca, NY 14850 Re: Board of Zoning Appeals Meeting of January 3, 2012 Appeal #2866 — 109 Dryden Road The variance was granted by a vote of four (4) in favor non opposed with the condition that it will expire in three (3) years and at that time will need to be reviewed by the Board of Zoning Appeals. Sincerely; For the Building Department Phyllis Radke, Building Commissioner PR /mh cc: JoAnn Cornish, Director of Planning & Development Mr. Stephen A. Fontana January 5, 2012 327 Eddy Street Page 2 . Ithaca, NY 14850 Re: Board of Zoning Appeals Meeting of January 3, 2012 Appeal #2866 — 109 Dryden Road The variance was granted by a vote of four (4) in favor non opposed with the condition that it will expire in three (3) years and at that time will need to be reviewed by the Board of Zoning Appeals. Sincerely, For the Building Department Phyllis Radke, Building Commissioner PR /mh cc: JoAnn Cornish, Director of Planning & Development CITY OF ITHA.CA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT N Telephone: 607/274 -6508 Fax: 607/274 -6521 January 12, 2012'��5� James & Antoinette lacovelli 243 Pennsylvania Avenue Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of January 3, 2012 Appeal # 2867 602 -612 West Seneca Street Dear Owners: The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -8, Column 9, the required building height of the zoning ordinance. The applicant proposes to construct a three -story apartment building located at 602 -612 W. Seneca Street. The building will contain 24 apartments and a commercial suite for a rental office. The building design is for residential use and in order to optimize energy efficiency, life safety systems and maintain a load basis that is acceptable for the soil conditions for the parcel, the applicant proposes to provide 8 foot ceilings for the building. The parcel is located in the WEDZ -1a zone which requires each story to be a minimum of 12' in height. The proposed building will have 9'6" floor -to -floor height causing a deficiency of 2'6" of the 12' minimum height required, of each floor, by the zoning ordinance. The height of the proposed building will be 28'6 ", plus the roof at 11'2 1/2" for an average height of 34'1 1/4 ". The average height exceeds the WEDZ -1a zone requirement having 34' 1 Y2" of the 24. The property is located in a WEDZ -1 a West End Development Zone in which the proposed use as a multiple dwelling is permitted. However, Section 325 -38 requires that a variance be granted before a building permit may be issued. It was moved to grant the variance on the following findings of fact: 1. There will be no undesirable change produced in the character of the neighborhood or detriment to nearby properties. 2. The benefit to the applicant cannot be achieved by any other means other than an area variance which is the minimum height requirement. 3. The requested area variance is substantial. 4. No other feasible method can achieve the benefit sought. There will not be an adverse effect on the environmental conditions in the neighborhood or district. 5. The proposed variance was not self- created. 6. The City Planning Board recommends approval of this appeal and feels that the minimum story height requirement for upper stories in the Zoning District should be revisited. 7. The County Department of Planning has determined that it has no negative inter - community, or countywide impacts. 'An Equal Opportunity Employer with a commitment to workforce diversification." zo James & Antoinette lacovelli January 11, 2012 243 Pennsylvania Avenue Page 2 Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of January 3, 2012 Appeal # 2867 602 -612 West Seneca Street The appeal was granted by a vote of four (4) in favor none opposed. Sincerely, Phyllis Radke, Building Commissioner For the Building Department r.. Y James & Antoinette lacovelli 243 Pennsylvania Avenue Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of January 3, 2012 Appeal # 2867 602 -612 West Seneca Street The appeal was granted by a vote of four (4) in favor none opposed. Sincerely, Phyllis Radke, Building Commissioner For the Building Department January 11, 2012 Page 2 CITY OF ITHACA 108 East Green Street Ithaca, NY 14850 -5690 BUILDING DEPARTMENT - Telephone: 607.274.6508 Fax: 607.274.6521 Ms. Susan Cosentini 519 North Aurora Street Ithaca, NY 14850 y FILED 1A1R 1 92012 March 15, 2012 0� CLERK'S OFFICE RE: Board of Zoning Appeals Meeting of March 6, 2012 Appeal #2865 — 519 -523 North Aurora Street Dear Ms. Cosentini: i The Board of Zoning Appeals considered your appeal for an area variance from Section Section 325 -8, Column 14/15, rear yard requirements of the Zoning Ordinance. You have proposed' to consolidate the two parcels located at 519 and 523 North Aurora Street and construct three new single - family dwellings on the parcel. The Aurora Street parcel currently contains a single - family dwelling located at 519 North Aurora Street that will remain on the parcel, bringing the total number of dwellings to four, on the Aurora Street lot. The applicant is proposing to bring affordable housing to the Fall Creek area by offering the property as a cooperative land share. Each home will be resident owner - occupied but the property will be organized as a cooperative. The proposed placement of one of the new dwellings will be located facing Aurora Street. The two remaining dwellings will be constructed as one - family homes and will be located at the rear of the property along the alley. The required parking for the four single family dwellings will be provided for at the rear of the property and will be accessed from the alley off of Marshall Street. In order to provide a large common open space, the applicant proposes to place the two detached dwellings 5' 1" from the rear property line. The ordinance requires a rear yard setback of 25% or 31'9" for the property. The applicant was granted a similar variance, Appeal # 2790, on June 2, 2009, for the project. In part the recent down sizing changes have brought the need to revisit the Board for approval. The changes from the previous variance are: the proposed two family home facing Aurora Street will now be a single family dwelling. The proposed attached two family dwelling with garages below will now be two detached single family dwellings. It was moved to grant the variance on the following findings of fact: 1. City of Ithaca Planning Board believes the proposed use of the alley is a recognized New Urbanist approach to add housing density with minimal neighborhood impacts and is particularly appropriate for this project to avoid any increased parking impacts on the neighborhood. The proposal improves the conditions of the alley in terms of lighting and aesthetics and the proposal is part Ms. Susan Cosentini March 15, 2012 519 North Aurora Street Page 2 Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of March 6, 2012 Appeal #2865 — 519 -523 North Aurora Street of a well- conceived overall plan. 2. There will be no undesirable change made to the character of the neighborhood or detriment to nearby properties. 3. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood. 4. There were no persons in favor or opposed to the variance at the Public Hearing. 5. There will be a positive change produced in the character of the neighborhood. The appeal was granted by a vote of four (4) in favor none opposed. Sincerely, For the Buildi g Department Phyllis Radice, Building Commissioner PR:mh CITY OF ITHACA 108 East Green Street Ithaca, NY 14850 -5690 lt . BUILDING DEPARTMENT - Telephone: 607.274.6508 Fax: 607.274.652 MAR 1 92012 March 14, 2012 Mr. Paul B. Suber 217 Esty Street Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of March 6, 2012 Appeal #2873 217 Esty Street Dear Mr. Suber: The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -8, Column 4, off street parking, Column 6, lot area, column 7, width at street, Column 10, percentage of lot coverage, and Column 12, minimum side yard requirements of the zoning ordinance. You propose to demolish two existing rear additions and square off the rear of the building by adding a roofed porch to the dwelling located at 217 Esty Street. The property has an existing lot area deficiency, having 2785 S.F. of the required 3000 ST, and the construction of the new covered porch will increase the lot coverage from 34% to 38 %, of the 35% required by the ordinance. The porch will be positioned parallel to the existing east side of the building, extending the side yard of 2.8' of the 10'required by the ordinance. The property has existing deficiencies in off - street parking, and lot width that will not be exasperated by the proposed addition. It was moved to grant the variance on the following findings of fact: 1. There will be no undesirable change produced in the character of the neighborhood. 2. There will be no detriment to nearby properties created by the granting of this area variance. 3. Benefit sought by applicant cannot be achieved by other feasible method. 4. The requested variance is substantial. 5. There were two letters from neighbors in favor of the project. 6. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood. 7. The City Planning Board determined that the drawings submitted were not sufficient to adequately assess the impacts. The appeal was granted by a vote of four (4) in favor and none opposed. Sincerely, For the Building Department Phyllis Radke, Building Commissioner CITY OF ITH[ACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 April 9, 2012 Mr. Phillip Albrecht 115 Troy Road Ithaca, NY 14850 Re: Board of Zoning Appeals Meeting of April 3, 2012 Appeal #2876 – 210 Thurston Avenue Dear Mr. Albrecht: `- - -y The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -8, Column 6, lot area, Column 7, lot width, and 325 -32C (3), enlargement of a nonconforming structure, requirements of the zoning ordinance. You propose to enlarge the non - conforming structure and perform alterations to the property located at 210 Thurston Avenue. The enlargements include adding two large bedrooms in the existing attic and alter three bedrooms in the basement to increase the occupancy from 33 to the 40 occupants of the CU Wrestling Team. The proposed alterations include reconfiguring the parking area in the rear yard and adding four spaces to meet the parking requirements for the increased occupancy. The property has existing deficiencies in lot size and lot width that will not be exacerbated by the proposed alterations. The property is located in an R -U residential use district in which the proposed use as a group house is permitted. However, Section 325 -38 requires that a variance be granted before a building permit is issued. It was moved to grant the variance based on the following findings of fact: 1. There will be no undesirable change to the character of the neighborhood or a detriment to nearby properties created by the variance. All alterations will be done inside the residence. 2. There is no other way for the applicant to achieve the benefit other then the variance. 3. The area variance is substantial. 4. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty was not self - created. 6. The City of Ithaca Planning Board did not identify any long -term planning issues with this project and recommended granting the appeal. The appeal was granted by a vote of five (5) in favor none opposed. Sincerely, For the Buildi g Department Phyllis Radke, Building Commissioner "An Equal Opportunity Employer with a commitment to workforce diversification." co .y CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 April 4, 2012 Roberts Shackleton Boy 66 Cayuga Road Cheekowaga, NY 14225 Re: Board of Zoning Appeals Meeting of April 3, 2012 Appeal #2875 — 222 South Cayuga Street Dear Sir: r The Board of Zoning Appeals considered you appeal for an area variance from Section 325 -8, Column 16, minimum number of stories and building height in feet, of the zoning ordinance. The applicant proposes to construct two additions at the property located at 222 South Cayuga Street lulown as the Holiday Inn. To make way for the additions, three portions of the existing building, consisting of the two story wing to the south, the two story wing to the north, and the rear portion of the existing center building will be demolished. The proposal includes a ten -story tower that will be constricted on the south side of the existing center building and on the north side of the building, a single story conference center addition that contains; a new kitchen, banquet room, and pre - function room. The north side conference center addition will face South Cayuga Street and is one story and 25 feet in height. Due to the unique use of this proposed conference center, the need for two stories is not necessary or economically feasible and the applicant proposes that this addition be one story of the two stories required by the ordinance. At the rear portion of this addition, the proposed new kitchen area will be one story in height and measure 16'6" in height, of the minimum two stories and 25' in height required by the ordinance. The property is located in a CBD -100 central business use district in which the proposed use is permitted. However, Section 325 -38 requires that a variance be granted before a building permit is issued. It was moved to grant the variance based on the following findings of fact: 1. There will be no undesirable change to the character of the neighborhood or a determent to nearby properties created by the variance. 2. Benefit sought by applicant cannot be achieved by any other means. 3. The request for the variance is substantial. 4. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The City Planning Board believes this project will provide a significant community benefit and recommends this appeal. 6. The County P1amling Department has determined that it has no negative inter - community, or county -wide impacts. `An Equal Opportunity Employer with a commitment to workforce diversification." 11 4.0.1 Roberts Shacldeton Boy 66 Cayuga Road Cheekowaga, NY 14225 Re: Board of Zonirig Appeals Meeting of April 3, 2012 Appeal #2875 — 222 South Cayuga Street The appeal was granted by a vote of five (5) in favor and none opposed. Sincerely, For the building department Phyllis Radke, Building Commissioner cc: Len Roc, LLC April 4, 2012 Page 2 CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 April 4, 2012 Mr. Lawrence P. Fabbroni 1 Settlement Way Ithaca, NY 14850 Re: Board of Zoning Appeals Meeting of April 3, 2012 Appeal #2815 — 411 East Lincoln Street Dear Mr. Fabbroni: A J, 1^ The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -8, Column 7, lot width at street, Column 10, percentage of lot coverage, and Column 12, side yard requirements of the zoning ordinance. You propose to construct a new two family dwelling on the parcel located at 411 East Lincoln Street. The parcel currently contains an existing dwelling that will be demolished to make way for the new three -story building. The proposed building will exceed the allowable lot coverage by 5.5 %, having 40.5% of the maximum 35% lot coverage required by the zoning ordinance. The building will be positioned 5'4" from the east side property line, causing a side yard deficiency of 4'8... of the 10' required by the zoning ordinance. The parcel has an existing deficiency in lot width at street of 33.2' of the 35' required by the zoning ordinance, which will not be exacerbated by the proposed new building. The property is located in an R -2b residential use district in which the proposed use is permitted. However, Section 325 -38 requires that a variance be granted before a building permit may be issued. It was moved to grant the variance based on the following findings of fact: 1. The City of Ithaca Planning Board does not identify any long -term planning issues with this project and rec6mmends granting the appeal. They support the well - designed infill projects that increase density in appropriate locations. They do recommend the applicant further develop the design to visually break -up the west facade. 2. The Board feels the benefit sought by the applicant out weighs the detriment to the neighborhood in terms of upgrading a derelict building. 3. The requested variance is substantial. 4. There will be no adverse effect or impact on the environmental conditions in the neighborhood or district. 5. The board feels that the project promotes a viable neighborhood and will have a positive impact on the neighborhood. `An Equal Opportunity Employer with a commitment to workforce diversification." Is ? 41 Mr. Lawrence P. Fabbroni April 4, 2012 1 Settlement Way Page 2 Ithaca, NY 14850 Re: Board of Zoning Appeals Meeting of April 3, 2012 Appeal #2815 — 411 East Lincoln Street The variance was granted with the conditions that: 1. A contract for an easement be written and recorded for the shared driveway with 411 East Lincoln Street and 413 East Lincoln Street. 2. The members agreed with the Planning Board that the applicant develop further facade treatment like that on the eastern side of the building. The appeal was granted with conditions with a vote of three (3) in favor and two (2) opposed. . Sincerely, For the Buil ing Department Phyllis Radice, Building Commissioner cc: Robert Grover CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 Ma y 8 , 2012 r Mr. Robert J. Mrazek 326 Fall Creels Drive Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of May 1, 2012 Appeal #2880 — 124 Roberts Place Dear Mr. Mrazek: The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -20D (1), front yard parking of the Zoning Ordinance. Your property located at 124 Roberts Place is a two family dwelling that had no parking spaces on site. You tried to resolve this issue by hiring a local design professional to render a design for parking because the property is located in the Cayuga Heights Landmarks District. Therefore, any alterations to the yard would require approval from the Ithaca Landmarks Preservation Committee (ILPC). You received permission from the commission in 2006 to create a new curved drive in one of the two front yards of the property. The IPLC issued a Certificate of Appropriateness for the design. You also found out that you needed to submit the plan to the Department of Public Works (DPW) in order to make two curb cuts. DPW granted the applicant permission to create 2 curb cuts for the driveway for egress and ingress in 2007. Believing you had all the necessary approvals, you completed the work for the driveway. However, during a recent housing inspection, the Housing Inspector noticed that the new work was completed without a building permit and that there is a zoning violation. Section 325 - 201)(1) states that all front yard parking within 15' of the front property line must be orientated 10° of perpendicular to the street. The front driveway is curved and the cars will be closer to parallel to the street than perpendicular. The property has existing deficiencies in front yard and rear yard dimensions, which will not be exacerbated by the proposed project. The property at 124 Roberts Place is located in an R -2a zone district where accessory parking is permitted, however, Section 325 -38 requires a variance be granted before a building permit may be issued. It was moved to grant the variance based on the following findings of fact: 1. There will be no undesirable change produce in the character of the neighborhood by leaving the driveway the way it is. 2. The benefit sought by the applicant could not be achieved by any other means. 3. The requested variance is not substantial. 4. There has been no adverse effect or impact on the physical or environmental conditions of having the parking in the driveway this way. 5. There has been no self - created difficulty. 6. The City Plamiing Board feels that it was unfortunate that this project was approved and carried out without the proper review. The design features two curb cuts and front `An Equal Opportunity Employer with a commitment to workforce diversification." C«'} Mr. Robert J. Mrazek May 8, 2012 326 Fall Creek Drive Page 2 Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of May 1, 2012 Appeal #2880 — 124 Roberts Place yard parking which are undesirable in residential settings, but due to the particular history of this case the Planning Board recommends granting this variance. The appeal was granted with a vote of five (5) in favor none opposed. Sincerely, CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 May 2, 2012 Mr. Rick Davis 205 Grandview Avenue �J Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of may 1, 2012 Appeal 42878 — 205 Grandview Avenue Dear Mr. Davis: The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -8, Column 7, lot width, Column 12, side yard, Column 13, other side yard, and Column 14/15 rear yard requirements of the Zoning Ordinance. You proposed to remove the existing carport and construct a new garage, with a deck above, at the property located at 205 Grandview Avenue. The proposed new garage will be positioned parallel to the front of the existing house and infill the area east of the home where the existing carport is currently located. The existing carport is 3.4' from the side lot line and you would like to place the new garage at the same distance from the east property line causing a deficiency of 6.6' of the 10' side yard requirement of the ordinance. The property has existing deficiencies in lot width, other side yard, and rear yard dimension that will not be exacerbated by the proposed project. The property is located in an R -2a residential use district in which the proposed use is permitted. However, Section 325 -3 8 requires a variance be granted before a building permit may be issued. It was moved to grant the variance based on the following findings of fact: 1. There will be no undesirable change produced in the character of the neighborhood or a detriment to nearby properties. 2. The benefit sought by the applicant cannot be achieved by some other means. 3. The requested variance is minimal. 4. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty was not self - created. 6. There were no neighbors opposed to the project. 7. City of Ithaca Planning Board members supported this project and did not find any long -term issues with it. It was moved by Geoff Miltz and second by James Marshall to grant the appeal by a vote of five (5) in favor none opposed. Sincerely, VV� For the Buildin Department Phyllis Radke, Building commissioner 'An Equal Opportunity Employer with a commitment to workforce diversification." 0:10 � / k i k L 108 East Green Street Ithaca, New York 1 690 BUILDING DEPARTMENT`S Telephone: 607/274 -6508 Fax: 607/274 -6521 . June 12, 2bJ 2 ;7 Mr. Frederic Bouche 815 Taber Street Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of June 5, 2012 Appeal #2881 — 815 Taber Street Dear Mr. Bouche: The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -8, Column 6, lot area, Column 7, lot width, Column 12/13, side yard requirements of the Zoning Ordinance. You would like to construct a new addition at the property located at 815 Taber Street. The existing building, which is know as Ports of New York Winery, was granted a variance in 2006 allowing the applicant to renovate the building and construct a storage building in the rear of the property. You now propose to construct a semi - enclosed addition linking the existing building to the storage building. The proposed new addition will be placed in line with the existing storage building causing the existing side yard deficiencies to be exacerbated. The new addition will be 3'2" from the west property line and 9'2" from the east property line. The ordinance requires 6' and 12' respectively, for the required side yard dimensions. The property is located in an I -1 industrial use district in which the proposed use is permitted. However, Section 325 -38 requires a variance be granted before a building permit may be issued. It was moved to grant the variance based on the following findings of fact: 1. There were no persons opposed or in favor of the variance. 2. There will be no undesirable change produced in the character of the neighborhood or detriment to nearby properties. S. There is no other way feasible for the applicant to achieve the benefit other then the variance. 4. The requested variance was not substantial. 5. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood. 6. The difficulty was not self - created. 7. Tompkins County Department of Planning reviewed the proposal and has determined that it has no negative intercommunity or countywide impacts. 8. City of Ithaca Planning Board reviewed the proposal and feel that the applicant has proposed a design that harmonizes the old and new construction. The Planning Board did not identify any long -term planning issues with this project and recommend granting the appeal. The appeal was granted with a motion from James Marshall and second by Moriah Tebor with a vote of three (3) in favor none opposed. For the Buildink Department Phylls Radke, Building Commissioner `An Equal Opportunity Employer with a commitment to workforce diversification." I" i ®«® CITY OF ITHACA 108 East Green Street Ithaca., New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 June 12, 2012 Mr. Todd Fox 295 Durfee Hill Road Ithaca, NY 14850 RE: Board of Zoning appeals Meeting of June 5, 2012 Appeal 92877 — 702 Hudson Street Dear Mr. Fox: The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -8, Colun n 11, front yard dimension, Column 13, side yard dimension, and Column 14/15 rear yard requirements of the zoning ordinance. You propose to combine two apartments on the first floor into one apartment at the property located at 702 Hudson Street. The property was granted a variance in 1965 for lot area and front yard deficiencies from the requirements of the 1964 - zoning ordinance. After receiving the variance, the owner secured a permit in 1967 and constructed a 3 unit multiple dwelling on the lot. Subsequently, the project was completed and a Certificate of Occupancy was issued on April 25, 1975. Since that time, the zone changed to an R -2a zone district, restricting the permitted uses to one and two family dwellings. On May 2, 2010, after receiving a housing inspection request, the owner informed the Building Department that the multiple dwelling was no longer being rented. Section 325 -33 states; non - operation or nonuse of a nonconforming use for a period of 12 successive months shall terminate the right to operate such nonconforming use. Therefore, you propose to convert the 3 unit multiple dwelling to a two family dwelling, which is permitted in the zone district. In addition, a recent survey in 2012 shows that the property has a rear yard deficiency that was not noted in the 1965 variance. Therefore, the property has existing deficiencies in both front yards, side yard and rear yard dimensions that will not be exasperated by the proposed conversion. The property is located in an R -2a residential use district in which the proposed use is permitted. However, Section 325 -3 8 requires that a variance be granted before a building permit is issued for the change of occupancy classification. It was moved to grant the variance on the following finds of fact: 1. There were no persons opposed or in favor of the project at the Public Hearing. 2. There will be no undesirable change in the character of the neighborhood or a detriment to nearby properties. 3. The benefit sought by the applicant can not be achieved by any other method feasible. 4. The requested area variance is not substantial. 5. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood. 6. The alleged difficulty was not self - created. "An Equal Opportunity Employer with a commitment to workforce diversification." Mr. Todd Fox June 12, 2012 295 Durfee Hill Road Page 2 Ithaca, NY 14850 RE: Board of Zoning appeals Meeting of June 5, 2012 Appeal 42877 — 702 Hudson Street 7. The City of Ithaca Planning Board did not identify any long -term planning issues with the project and recommend granting the appeal. It was moved by James Marshall and second by Moriah Tebor to grant the variance with a vote of three (3) in favor and none opposed. Sincerely, For the Building Department Phyllis Radke, Building Commissioner CITY OF ITRACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 June 8, 2012 Mr. Rick Maiming 114 Dey Street Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of June 5, 2012 Appeal #2869 — 634 West Seneca Street Dear Mr. Maiming: The Board of Zoning Appeals considered your appeal for an area variance on behalf of the owner Alternative Federal Credit Union from Section 325 -20C (5)(b)[3], angle parking and Section 325 -200, WEDZ -1 parking requirements of the zoning ordinance. You propose to demolish the existing two -story building located at 634 West Seneca Street and construct a 7 -car staff parking lot. In order to accommodate the 7 spaces on the 36.07' wide lot, the applicant proposes to utilize angled parking spaces for compact cars. The paved area of the proposed compact spaces is 144 S.F.; the zoning ordinance requires 255 S.F. for a standard angled parking space. The property is also located in a WEDZ -1 zone that requires a low wall or a planted hedge, setback from the curb, 15' minimum, and 20' maximum. Due to the lot constraints on the North Fulton Street side, you have positioned the edge of the parking spaces 11' from the curb, leaving a deficiency of 4' of the 15' minimum requirement of the zoning ordinance. The West Seneca Street side has an existing tree lawn approximately 9' from the curb and a 5' sidewalk, leaving a deficiency of 1' of the 15' minimum requirement of the zoning ordinance. Both street frontages lack a low wall or planted hedge required by the ordinance. The property is located in a WEDZ -la West End Development Zone in which the proposed use is permitted. However, Section 325 -38 requires that a variance be granted before a building permit is issued. It was moved to grant the variance with conditions on the following findings of fact: 1. No undesirable change will be produced in the character of the neighborhood in fact the removal of the abandoned house will be an improvement. 2. There is no other way for the applicant to achieve the method other than the variance. 3. The requested area variance is not substantial. 4. the proposed variance will have no adverse effect on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty was not self - created. 6. The Planning Board recognizes that approving an area variance for a surface parking lot allows a use that is not the most desirable for the site, given its prominent location in the WEDZ -1 Zoning District, and along a corridor intended for buildings with a two - story minimum height. The Board also recognizes there are factors unique to the site and the project that mitigate potentially negative impacts from this use. These dangerous `An Equal Opportunity Employer with a commitment to workforce diversification." is Mr. Rick Maiming June 7, 2012 114 Dey Street Page 2 Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of June 5, 2012 Appeal #2869 — 634 West Seneca Street factors include the following: 1) the small size of the site — 3,600 SF presents a challenge for redevelopment; 2) the project includes removal of the existing unsightly, fire damaged, and dangerous building. The project will also improve the current situation because a portion of the building to be removed is, according to the survey, on top of the existing sidewalk area, the project will result in a slightly wider sidewalk. The proposed landscaping is aesthetically pleasing and will function as both a screen for the parking lot, as well as a pedestrian amenity; and the development of the parking lot does not preclude the redevelopment of the site to a more desirable use in the future. 7. There were no persons for or against the appeal. The appeal was granted with the condition that a detailed drawing would be submitted showing how the Alternatives Federal Credit Union will safe guard against people bumping the gas meters. A motion was made by Moriah Tebor and second by James Marshall to grant the appeal with the condition with three (3) in favor and none opposed. Sincerely, For the Buil ing Department Phyllis Radke, Building Corn nissioner CITY OF ITHACA 105 East Green Street Ithaca, New York 14550 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 September 5, 2012 Ms. Linda J. Allen 1018 North Cayuga Street Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of September 4, 2012 Appeal 42883 —1018 North Cayuga Street Dear Ms. Allen: FILED OCT - 3 2012 rs OFF!"E 1 The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -8, Column 11, front yard setback requirements of the Zoning Ordinance. The property 1018 North Cayuga Street is a single family home on a lot that has two front yards, one facing Cayuga Street, the other facing Lincoln Street. The property is in an R2b use district in which the required front yard setback is 10 feet. The applicant wants to construct a 314 SF deck, mainly in the rear yard of the property. However, 98 SF of this deck will face Lincoln Street and will extend 3 feet into the required 10 -foot front yard setback. This will be an extension of an existing deficiency, because the house already encroaches 6 feet into the required front yard setback facing Lincoln Street. The applicant has applied for a building permit as required under Section 325 -3 8. However, a building permit cannot be issued until an area variance is granted. It was moved by Geoff Miltz to grant the appeal based on the following findings of fact: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will not be created by the granting of the area variance. 2. No other method can achieve the benefit that the applicant wishes. 3. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 4. There were no speakers in favor or opposed to the variance. 5. The City Planning Board had no comment on the proposal. The appeal was granted with a second from Jan deRoos, and a vote of three (3) in favor none opposed. Sincerely, Fort VBuildipg Department Phyllis Radke, uilding Commissioner `An Equal Opportunity Employer with a commitment to workforce diversification." .b �«a CITY OF ITHACA ; 108 East Green Street Ithaca, New York 14850 -590 BUILDING DEPARTMENT Se�727ft r226, 2012 Telephone: 607/274 -6508 Fax: Ms. Wendy Fillmore 305 Esty Street Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of September 4, 2012 Appeal 42884 305 Esty Street Dear Ms. Fillmore: The Board of Zoning appeals considered your appeal for a variance from the front yard setback requirements under Section 325 -8, Column 10, of the Zoning Ordinance, and for the following existing deficiencies that will not be exacerbated by this appeal under Section 325 -8 Column 4, 6, 12, 13 and 14/15: these are deficiencies in parking, lot area, side yards, and rear yard requirements of the Zoning Ordinance. You propose to construct a gable roof over the front stairs to your property at 305 Esty Street. The roof will be approximately 3.9' wide by 10' long and the gable end will face Esty Street. The existing stairs project 1.5' beyond the front yard property line, but the footprint of the house (not including the existing stairs) is set back 2.4 feet from the front yard property line. Front stairs are often considered not to be a part of the building's footprint, particularly when there is no roof over the stairs, and this is the way this buildings' footprint has been calculated. If a roof is placed over the stairs, the footprint of the house must then be measured from the face of the roof, and therefore, the footprint of the house will begin at the face of the roof. Thus, the footprint of the house will project 1.5' beyond the front yard property line, and not only requires a variance from the BZA but also requires an encroachment permit from the Board of Public Works. The Zoning Ordinance requires that the front yard have a 10' setback. The property at 305 Esty Street also has several other existing deficiencies that will not be exacerbated by the granting of this variance. It is deficient under Section 325 -8 Column 4 Parking. The property has no spaces. One parking space is required. Section 325 -8 Column 6 states that lot area is required to be 3,000 SF. The property at 315 Esty Street is 2,310 SF. The property is deficient under columns 325 -8 column 12, 13 and 14/15; deficiencies in side yards and rear yard respectively. One side yard is 4 feet deep but the required setback for the district is 10 feet. The other side yard is 2.4 feet, but the required setback is 5 feet. Finally, the rear yard is 18 feet deep; the required minimum for a rear yard is 20 feet deep. The property at 305 Esty Street is in an R2b 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. It was moved by Jan deRoos and second by Geoff Miltz to grant the variance with the following findings of fact: "An Equal Opportunity Employer with a commitment to workforce diversification." .y 4L 4: Ms. Wendy Fillmore September 26, 2012 305 Esty Street Page 2 Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of September 4, 2012 Appeal 42884 305 Esty Street 1. There will be no undesirable change produced in the character of the neighborhood. 2. No other feasible method can achieved the benefit sought by the applicant. 3. The benefit sought is not substantial. 4. There will be no adverse effect on the physical or environmental conditions in the neighborhood. 5. The difficult was not self - created. 6. The Board of Public Works granted the appeal. 7. City of Ithaca Planning Board had no objection to the request on a conceptual level. 8. There were no person in favor or opposed to the appeal at the Public Hearing. The appeal for 305 Esty Street was granted with a vote of three (3) in favor none opposed. For the Buildin Department Phyllis Radke, B ilding Commissioner CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT September 27, 2012 Telephone: 607/274 -6508 Fax: 607/274 -6521 Ms. Annette R. Marchesseault 1001 West Seneca Street Suite 101 P +� Ithaca, NY 14850 RE: Board of zoning Appeals Meeting of September 4, 20 Appeal #2887 — 102 The Knoll ,i Dear Ms. Marchesseault: The Board of Zoning of DCEF Cornell, LLC, also known as 102 The Knoll for an area variances from the City's Parking Ordinance and requirements for enclosed dumpsters. Variances are requested from Section 325 -20 E. (1), orientation of parking spaces when parking area is less than 15 feet from the front yard property line, and from Section 325.20 E. (3), that allows a maximum of 25% front yard parking coverage, including driveways and turn around spaces, and requires front yard parking to meet the front yard setback requirements of 25 feet. You also needs a couple of variances for the installation of a dumpster enclosure at 102 The Knoll. A variance is needed from Section 325 -29.3 C. (2), because you proposes to locate a dumpster in the front yard facing the The Knoll. Section 325 -29.3 C. (2) states that dumpsters are not allowed in public view unless they meet the screening requirement, and are not permitted in the front yard unless the Board of Zoning Appeals (BZA) determines that there is no alternative location. A variance is also needed from 325 -25 A., which concerns accessory structures. Dumpsters, which are accessory structures, are prohibited from being located in a front yard. The applicant is a registered Landscape Architect from Trowbridge and Wolf, who has been working you, the property owners of 102 The Knoll, Delta Chi Fraternity. For a number of years, Delta Chi has been randomly parking cars near the entrance of the fraternity building. They have been fund raising to pay for exterior alterations to renovate 1 parking area for 7 cars and to construct a new parking area for 14 cars. In laying out the parking areas, the applicant faces some logistical problems from having three sides of the property facing a street. Two of the yards are considered front yards (facing The Knoll and Barton Place). The yard behind the yard facing The Knoll is a rear yard; the yard on the west side of the building is considered a side yard. The other two yards are considered front yards. Parking must be set back at least 25 feet from the front yard property line as required under 325 -20 E.3. The lower parking lot that faces Barton Place does not meet this 25 -foot setback requirement. Also, under Section 325 -20 E.3, the two parking areas cannot exceed 25 percent of their area in parking area including driveways and turn around spaces. The two parking lots actually cover 25.4 %. The parking area facing Barton Place has some additional problems. Because the parking lot is so close to the front yard setback line, and a couple of spaces are less than 15 feet from the front yard setback line, the parking orientation for the two spaces must be within 10 degrees of perpendicular to the street. The two spaces that are less than 15 feet from the front yard property line are actually parallel to Barton Place and therefore need a variance from section 325 -20 C.1. `An Equal Opportunity Employer with a commitment to workforce diversification." is Ms. Annette R. Marchesseault September 27, 2012 1001 West Seneca Street Page 2 Suite 101 Ithaca, NY 14850 RE: Board of zoning Appeals Meeting of September 4, 2012 Appeal #2887 — 102 The Knoll The owners of Delta Chi fraternity have requested that their dumpster be located in the front yard of the yard facing The Knoll. They chose this location because of issues with trucks accessing the site and the difficulty of dumping waste materials into disposal trucks. Also, there are a number of difficult site issues such as steep hills that make locating the dumpster elsewhere on site less than desirable. In order to be allowed to have the dumpster in the front yard, the applicant must be granted a variance from Section 325 -29.3 C (2), which states that dumpsters are prohibited from being located in front yards. They would also need a variance from Section 325 -25 A. which prohibits locating accessory structures in front yards. A dumpster enclosure is considered an accessory use under the Zoning Ordinance. The property 102 The Knoll is in an RU zoning district, in which the proposed use is permitted. However, Section 325 -38 requires that zoning variances be granted before a building permit can be issued. It was moved by Jan deRoos and second by Geoff Miltz to grant the appeal with the following findings of fact: 1. There will be no undesirable change in the character of the neighborhood or detriment to nearby properties. 2. The benefit sought by the applicant cannot be achieved by any other method. 3. The request was not substantial. 4. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The difficulty was not self - created. 6. At the Public Hearing there were no persons in favor or opposed to the project. 7. The Ithaca Planning Board recommends granting the appeal. Due to the topography of the site, suitable areas for parking are limited. The Board has completed the environmental review for the project and has required mitigations that address any potentially negative impacts. The appeal was granted with a vote of three (3) in favor none opposed. Sincerely, For the building Department Phyllis Radke, Building commissioner CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax• 607/27 652 Septem er �4, 2012 Marie Chandler CrossRoads Life Center 604 East Buffalo Street Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of September 4, 2012 Appeal #2885 — 604 East Buffalo Street Dear Ms. Chandler: k The Board of Zoning Appeals considered your appeal for the building at 604 East Buffalo Street from Columns 4, 5, and 13, off street parking, off street loading, and side yard setback requirements of the City's Zoning Ordinance. Cornell Radio Guild intends to move its current operations of the WVBR radio station from 957 B Mitchell Street to 604 East Buffalo Street, where CrossRoads Community Center is currently located. CrossRoads Community Center was developed as office space on the first floor and a dwelling unit on the second floor. Specifically the downstairs was constructed as meeting, counseling, and classroom space for international students. Cornell Radio Guild intends to use both floors as office space to run the radio station. The proposed office use also must have one loading space. No variance appears to have ever been granted for this loading space even though CrossRoads Community Center would have needed one loading space per the Zoning Ordinance. The property at 604 East Buffalo Street also has a side yard deficiency. For approximately 20 feet on the east side of the property, the building is only 2 feet away from the property line. The Zoning Ordinance requires a side yard setback of 5 feet. CrossRoads Community Center did obtain an area variance for this deficiency, on May 20, 1996 under Appeal #2301. The property at 604 East Buffalos Street is in a B -2d zoning district in which the proposed use is permitted. However, Section 325 -38 requires that area variances be granted before a building permit can be issued. After the applicant filed the appeal with the Building Department Tom Schichel, a New York State Registered Architect measured the square footage of 604 East Buffalo Street, and found the total net square footage to be 1,745 square feet. At one space per 250 SF /person required for office space parking, WVBR would need to have 7 parking spaces. The reduction in square footage of office space therefore changes the original finding that to meet the city's parking requirement WVBR would need to provide 10 parking spaces and one loading space. The applicant tried to find off street parking in order to meet the parking requirement for the radio stations use. Because 604 East Buffalo Street is in a 132b zone district, off site parking would either need to be at one of the few properties in the 132b district surrounding 604 East Buffalo Street or in another commercial zoning district. Where 132b uses are allowed as of right, `An Equal Opportunity Employer with a commitment to workforce diversification." • Marie Chandler September 5, 2012 CrossRoads Life Center Page 2 604 East Buffalo Street Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of September 4, 2012 Appeal 42885 — 604 East Buffalo Street most properties within 500 feet of 604 East Buffalo Street are in residential zones. WBVR would need a use variance to park their cars in a residential zone. The Zoning Ordinance allows properties to meet their off - street parking requirements at near by properties if such property allows the same uses as the zone for the property needing parking, and if it is within 500 feet. The applicant provided Board Members evidence (Exhibit #2) that the only property that could provide parking spaces for VWBD is at Dryden Road. The location of this property is beyond the allowed 500 feet of travel from 604 East Buffalo Street but the parking side is in a compatible zone (132b). The applicant provided Board Members with a copy of a 5 -year lease with Collegetown Plaza, LLC, the owner of 119 Dryden Road for three parking spaces. If the Board accepted the use of these parking spaces for meeting VWBR's parking requirements it would mean that WVBR still would need a variance for the lack of three parking spaces and one loading space. There is one parking space at 604 East Buffalo Street. The applicant will provide three leased spaces. This means WVBR will accommodate the need for 4 parking spaces and requires that a variance be granted for the lack of three parking spaces and one loading space. The Board considered these new facts during its deliberation and made the following findings: It was moved by Geoff Miltz to grant the variance with the following findings of fact: 1. There will be no undesirable change in the character of the neighborhood or a detriment to nearby properties. 2. The benefit sought cannot be achieved by any other means. 3. The requested variance is not substantial. 4. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The difficulty was not self - created. 6. The City Planning Board had no objection to this request on a conceptual level. 7. There was one person in favor of the project and none opposed. 8. There will be no adverse effect to the health, welfare, safety, or overall wellbeing of the neighborhood. If was moved to grant the appeal with the following condition. 1. The variance is granted on approval of a parking lease for three (3) spaces. The variance was granted with a second by Jan deRoos with a vote of three (3) in favor none opposed. Sincerely, For the Building D artment Phyllis Radke, Building Commissioner CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 October 3, 2012 Jim Sethna & Carol Devine 201 Dewitt Place Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of October 2, 2012 Appeal # 2889 — 201 Dewitt Place Dear Mr. Sethna & Ms. Devine: The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -8, Column 6, lot area, Column 10, percentage of lot coverage, Column 11, front yards, and Column 14/15, rear yard requirements of the zoning ordinance. The applicant proposes to remove the existing rear porch and construct a new rear porch at the property located at 201 Dewitt Place. The new porch will be positioned in the rear yard, in approximately the same location as the existing porch, but will be 76 S.F. smaller than the existing porch. The reduction in square feet of the new porch will decrease the existing deficiency for percentage of lot coverage by 1.3% from the existing 25.9% to 24.6 %. The ordinance requires a maximum of 20% lot coverage by buildings. The new porch will also decrease the existing rear yard deficiency by 1.8 feet from the existing 20' to 21.8'. The ordinance requires 25% or 23.6' for a rear yard dimension. The lot area is 6139 SF, required is 10,000 SF. Also, the front yard is set back 20.4 feet, required is 25 feet. The property is located on a corner lot and has existing deficiencies in both front yards and lot area that will not be exacerbated by the proposed project. The property is located in an R -1a residential use district in which the proposed use is permitted. However, Section 325 -38 requires that a variance be granted before a building permit is issued. Moriah Tebor made the motion to grant the variance with a second by James Marshall with the following findings of fact. 1. There will be no undesirable change produced in the character of the neighborhood. 2. There is no other way to achieve the benefit. 3. The request variance is not substantial. 4. There will be no adverse effect on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty was not self - created. 6. There was one person at the meeting who spoke in favor of the appeal and no persons opposed. 7. City of Ithaca Planning Board supports the variance. The appeal was granted with a vote of three (3) in favor none opposed. For the Building Phyllis Radke, B cc: Upscale Remodbling 'An Equal Opportunity Employer with a commitment to workforce diversification." artment na Commissioner CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT y Telephone: 607/274 -6508 Fax: 66ct04b 6 2$12012 Thorsten Joachims Phoebe Sengers 203 Dewitt Place Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of October 2, 2012 Appeal # 2890 203 Dewitt Place Dear Owners: The Board of Zoning Appeal considered your appeal for an area variance from Section 325 -8, Column 6, lot area, Column 7, lot width, Column 10, percentage of lot coverage, and Column 11, front yard requirements of the zoning ordinance. You propose to construct a 115 square foot addition at the property located at 203 Dewitt Place. The new addition will be used as a study /office and will be located on the south side of the existing home. The proposed addition will increase the existing percentage of lot coverage from 22.4% to 24.2 %. The zoning ordinance allows a maximum of the 20% lot coverage. The property has existing deficiencies in lot area, lot width, and front yard setback that will not be exacerbated by the proposed project. The lot area is 5,662 square feet, required is 10,000 SF. The lot width is 59.9' required is 75'. The front yard is 20.2 feet required is 25 feet. The property is located in an R -la residential use district in which the proposed use is permitted. However, Section 325 -38 requires a variance be granted before a building permit may be issued. It was moved to grant the appeal by James Marshall and second by Moriah Tebor with the following findings of fact: 1. There will be no undesirable change in the character of the neighborhood or a detriment to nearby properties. 2. The benefit sough by the owner cannot be achieved by any other means. 3. The requested variance is not substantial. 4. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty was not self - created. 6. There was one person present who spoke in favor of the project and five letters of support were presented. 7. The city of Ithaca Planning Board supports the granting of the variance. The variance was granted with a vote of three (3) in favor and none opposed. For the Buildit Phyllis Radke, cc: Upscale Rc Commissioner ling `An Equal Opportunity Employer with a commitment to workforce diversification." 4:1 CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT e Telephone: 607/274 -6508 Fax: 607/07b4 652�I' 2012 Tompkins Community Action, Inc. 701 Spencer Road Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of October 2, 2012 Appeal 42891661 Spencer Road Dear Owner: The Board of Zoning Appeals considered your appeal for a Child Care special permit as required by Section 325 -9C (i)(d) of the Zoning Ordinance. The existing building at 661 Spencer Road is deficient under 325.8 column 10 and 325 -8 column 12 and 13 lot size, side yard, and other side yard respectively. Required is a lot size of 5000 SF. The lot at 661 Spencer Road is 4944 SF. One side yard is 8' required is 10'. The other side yard is 5' and required is a side yard of 10'. The center will house 15 children from the ages of 2 %2 to 5 years old and will have two full time staff employees. As part of this proposal, a 1350 S.F playground will be installed that will extend onto the adjoining property located at 665 Spencer Road. A 220 S.F portion of the fenced playground will be located on the 665 -711 Spencer. Road property, extending the use to this property. In addition to the playground, a drop off area will be located at 701 Spencer Road in the existing parking area which is located east of the proposed day care at 661 Spencer Road. This drop off area is located in an SW -2 zone where Day Care and it's accessory parking are permitted. The applicant proposes to construct a walkway starting at the south end of the proposed drop off area at 701 Spencer Road. It will traverse the back yard of 665 Spencer Road before ending at the proposed Day Care located at 661 Spencer Road. The applicant also owns both properties at 701 and 665 Spencer Road. The properties at 665 and 661 Spencer Road are located in an R -2a zone where a special permit is required for the Day Care use. The property at 661 Spencer Road has existing deficiencies in both side yards that will not be exacerbated by the proposal. The property is located in an R -2a residential use district in which the proposed accessory use is permitted. However, Section 325 -9C (i)(d) and 325 -8, Column 2, requires that Day Cares be permitted only by special permit granted by the Board of Zoning Appeals. Mr. Tom Schickel on behalf of owner Tompkins County Community Action presented two exhibits; a) Elevation plans and b) a brochure. There was one person opposed to the appeal with concerns about parking. The applicant spoke to those concerns giving the neighbor her contact information, and stating that she would deal with and parking issues on Spencer Road, and speed of motorist by contacting Ithaca Streets and Facilities about addition signage and specking to the Ithaca Police Department. It was moved to grant the Special Permit with a motion by James Marshall and second by Jan deRoos with the following findings of fact. 1. No undesirable change will be produced in the character of the neighborhood. 2. The benefit sought cannot be achieved by any other means. 'An Equal Opportunity Employer with a commitment to workforce diversification." �'�� Tompkins Community Action, Inc. October 10, 2012 701 Spencer Road Page 2 Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of October 2, 2012 Appeal #2891661 Spencer Road 3. The proposed use is in harmony with the zoning ordinance and will not affect the neighborhood. 4. The request was not substantial. 5. There will be no adverse effect on the physical or environmental conditions. 6. The alleged difficulty was not self - created. 7. The Planning Board felt that although a daycare center is generally compatible with residential use, it is concerned about any encroachments into this particularly fragile residential area. The appeal was granted with a vote of four (4) in favor and none opposed. Sincerely, For the Buildi g Department Phyllis Radke, Building Commissioner CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 November 30, 2012 Hotel Ithaca, LLC 4707 Elm Street Bethesda, MD 20814 Board of Zoning Meeting of November 6, 2012 Appeal #2892 120 South Aurora Street Dear Owner: The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -8, Column 5, off - street loading, Column 9, building height in feet, and Column 14/15, rear yard setback requirements of the zoning ordinance. The applicant proposes to construct' a 10 -story hotel in the northeast section of the Ithaca Commons on a parcel of land designated as 120 South Aurora Street. In order to achieve sufficient land for the proposed hotel several land acquisitions and agreements between Ithaca Properties, LLC and other property owners will have to be achieved. The majority of land will be created by the combination of two contiguous parcels. One owned by Ithaca Properties, LLC and the other by Ithaca Urban Renewal Agency (IURA). The IURA will sell their parcel to Ithaca Properties, LLC and the two parcels will be consolidated into one in order to create a feasible site for the creation of a 10 -story hotel. 120 S. Aurora Street is a polygon shaped parcel that is bordered on the north by the Commons, on the east by South Aurora Street, and on the West by the Rothschild's building and the City Parking Garage. Despite great efforts to create a parcel of property sufficiently large enough for a hotel, the actual site will mean that construction will be a difficult feat. Furthermore to accommodate the hotel's size, encroachments of the hotel onto other adjacent parcels owned by 4250 Vets Highway, LLC, and the City of Ithaca, will be necessary. The new parcel of land to be developed is in two zoning districts. The majority of the parcel lies in the CBD -85 zone while the northern 30 feet is in the CBD -60 zone. The zoning ordinance, Section 325 -19A, allows the requirements of the less restrictive zone to extend 30 feet into the more restrictive zone. In the hotel's case, this means that the 85 foot height restriction can extend 30 feet into the CBD -60 zone, where a building height is limited to 60 feet. However beyond the 30 foot transition line and at the north face of the proposed hotel, a roofline canopy encroaches into the public way past the limit of the transition zone by 2' 6 ". This roofline canopy is at the height of 98 feet which exceeds the CBD -60 height restriction by 38 feet. The applicant proposes to construct the 10 -story hotel to a maximum height of 106 feet above average grade. Therefore, the height of the building excluding the roofline canopy will exceed the CBD -85 height limit by 21 feet. The maximum lot coverage in the CBD -85 zone is 100% and there are no setback requirements for front and side yards. The footprint of the hotel covers 100% of the parcel and its canopies, vestibules, overhangs, and planters encroach into other properties on all 4 sides of the hotel. The 100% lot coverage, however, means there will `An Equal Opportunity Employer with a commitment to workforce diversification." ro Hotel Ithaca, LLC 4707 Elm Street Bethesda, MD 20814 November 30, 2012 Page 2 be a rear yard deficiency. The CBD -85 zone requires a rear yard setback of 10 feet, no setback for the rear yard is proposed. Finally, the zoning ordinance requires the hotel to provide 4 loading spaces. While there is no room on site for loading spaces, the applicant proposes to use an extra space at the south end of the Rothschild's building. Since the applicant also owns the Rothschild building, a usage agreement for this loading space can be established. The proposed hotel at 120 S. Aurora Street is in a CBD -85 and CBD -60 use district in which the proposed use is permitted. However, Section 325 -38 requires that a variance be granted before a building permit is issued. It was moved to grant the variance with no conditions by Jan deRoos with the following findings of fact: 1. There will be no undesirable change produced in the character of the neighborhood or a detriment to nearby properties. 2. The benefit sought by the applicant cannot be achieved by any other means. 3. The area variance is not substantial. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty was not self- created. 6. County Planning reviewed the proposal and has determined that it has no negative inter - community or countywide impacts. 7. City of Ithaca Planning Board recommends approval of this appeal because the building arguably has three facades which conflicts with the logic of having a setback. They find that with the screening of the rooftop mechanicals, there is a clear public benefit to the height. This is a tremendous project that will be a great boost to downtown Ithaca. The appeal was granted with a vote of five (5) in favor none opposed. Sincerely, For the Build' g Department Phyllis Radke, Building Commissioner CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 November 26, 2012 Ithaca Neighborhood Housing Services Pathstone Development Corp. 115 west Clinton Street Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of November 20, 2012 Appeal #2893 — 400 -406 Spencer Road Dear Applicant: The Board of Zoning Appeals considered your appeal for a use variance from Section 325 -8, Column 2, permitted uses, and Column 14/15, rear yard setback requirements of the zoning ordinance. The applicants are proposing to construct a 35 -unit affordable rental housing project at the property located at 400 -406 Spencer Road. The 35 -unit project will consist of 16 townhomes and a 19 -unit apartment building. The proposed site consists of 3 tax parcels that will be consolidate into a single parcel. Two parcels, known as Ithaca Dispatch, front on Spencer Road and the third parcel will be subdivided from a larger lot located at 225 Elmira Road. The Elmira Road parcel is located in a B -5 zone district which allows multiple dwelling and the two Spencer Road parcels are located in an R -2a zone district where the proposed use as multiple dwellings is not permitted. Section 325 -40C (3), requires that the applicant demonstrate to the Board that the applicable zoning regulations and restrictions will cause unnecessary hardship. Therefore the applicant is appealing to the Board for a use variance to move forward with their project. The proposed project will be deficient in rear yard setback due to the irregular shape of the combined lots. The row of townhouses located on the Northwest side of the Spencer Street lots will have rear yard of 13.63' of the overall averaged rear yard of 50' required by the ordinance. The proposed portion of the project at 400 -406 Spencer Road is located in an R -2a use district in which the proposed use is not permitted. However, Section 325 -38 requires that a use variance be granted before a building permit is issued. The use variance was granted with the following findings of fact: 1. The applicant cannot realize a reasonable return other than by this appeal. 2. The alleged hardship relating to the property is unique and does not apply to a substantial portion of the district or neighborhood. 3. The request will not alter the essential character of the neighborhood. 4. The alleged hardship has not been self - created. It was moved by Moriah Tebor to grant the use variance with the following conditions: An Equal Opportunity Employer with a commitment to workforce diversification." c� Ithaca Neighborhood Housing Services November 26, 2012 Pathstone Development Corp. Page 2 115 west Clinton Street Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of November 20, 2012 Appeal #2893 — 400 -406 Spencer Road That the applicant addresses with the city the problem of foot traffic and vehicle traffic. 2. That the applicant uses its best effort to negotiate an easement. 3. That the applicant files copies of all correspondence with city departments. The Use Variance was granted with a vote of five (5) in favor and none opposed. It was moved by Jan deRoos to grant the area variance with the following findings of fact: 1. There will be no undesirable change in the character of the neighborhood or any detriment to nearby properties. 2. The benefit sought by the applicant cannot be achieved by any other means. 3. The request was not substantial. 4. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty was not self - created. 6. The Planning Board strongly preferred the proposed design, because it restores residential use to Spencer Road and creates a more welcoming streetscape that is in keeping with a more traditional neighborhood character. The Area Variance was granted with a vote of Five (5) in favor and none opposed. Sincerel For The BuildiVg Department Phyllis Radke, uilding Commissioner CITY OF ITHACA 108 East Green Street Ithaca, NY 14850 -5690 BUILDING DEPARTMENT - Telephone: 607.274.6508 Fax: 607.274.6521 Unofficial Results, Board of Zoning Appeals, Tuesday December 4, 2012 Appeal #2882 — 308 North Cayuga Street — granted Appeal #2895 —101 -107 East State St. /101 -109 South Cayuga St. — postponed Appeal #2896 — 205 Wood Street - granted Dated: December 5, 2012 CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 December 7, 2012 Ithaca Neighborhood Housing Services Pathstone Development Corp. 115 west Clinton Street Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of November 20, 2012- Amended Appeal #2893 — 400 -406 Spencer Road The Board of Zoning Appeals considered your appeal for a use variance from Section 325 -8, Column 2, permitted uses, and Column 14/15, rear yard setback requirements of the zoning ordinance. The applicants are proposing to construct a 35 -unit affordable rental housing project at the property located at 400 -406 Spencer Road. The 35 -unit project will consist of 16 townhomes and a 19 -unit apartment building. The proposed site consists of 3 tax parcels that will be consolidate into a single parcel. Two parcels, known as Ithaca Dispatch, front on Spencer Road and the third parcel will be subdivided from a larger lot located at 225 Elmira Road. The Elmira Road parcel is located in a B -5 zone district which allows multiple dwelling and the two Spencer Road parcels are located in an R -2a zone district where the proposed use as multiple dwellings is not permitted. Section 325 -40C (3), requires that the applicant demonstrate to the Board that the applicable zoning regulations and restrictions will cause unnecessary hardship. Therefore the applicant is appealing to the Board for a use variance to move forward with their project. The proposed project will be deficient in rear yard setback due to the irregular shape of the combined lots. The row of townhouses located on the Northwest side of the Spencer Street lots will have rear yard of 13.63' of the overall averaged rear yard of 50' required by the ordinance. The proposed portion of the project at 400 -406 Spencer Road is located in an R -2a use district in which the proposed use is not permitted. However, Section 325 -38 requires that a use variance be granted before a building permit is issued. The use variance was granted with a motion by Moriah Tebor with the following findings of fact: 1. The applicant had to show that the applicable zoning regulations have caused an unnecessary hardship. The applicant had to show he could not get a reasonable return provided that the lack of return is substantial as demonstrated by competent financial return. They have come before the board and discussed their financing and all the evidence they have explored. And I am convinced they have demonstrated that there is such a lack of reasonable return without a variance. 2. That the alleged hardship related to the property in question is unique and does not apply to a substantial portion of the district. The property in question has not been used as a residential single - family parcel for many years because of the use variance that was granted in 1965 as an auto repair parcel use and so it is quite unique. `An Equal Opportunity Employer with a commitment to workforce diversification." C«11 Ithaca Neighborhood Housing Services Pathstone Development Corp. 115 west Clinton Street Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of November 20, 2012- Amended Appeal #2893 — 400 -406 Spencer Road 3. The requested use variance if granted will not alter the essential character of the neighborhood because it is residential albeit multi - family but is residential as is the rest of Spencer Road. 4. The applicant has not created this hardship for itself. Therefore, I move in accordance with the Planning Board, that the use variance be granted. The granting of the use variance is conditioned on the following tasks. The applicant shall: 1. Address with City through its various agencies and Boards, including the Planning Committee, the problems with pedestrian foot traffic and vehicular traffic on Spencer Road that might be further exacerbated by the project. 2. Use its best effort to meditate an easement to connect with the South Meadow Street extension of Old Elmira Road to facilitate safe foot traffic towards those streets. 3. File copies of any correspondence with respect to the above two items with the City Building Department to verify that the applicant has used his best efforts to accomplish these three things. The use variance was approved by a vote of four (4) in favor none opposed. It was moved to by Jan deRoos to grant the area variance with the following findings of fact: 1. There will be no undesirable change in the character of the neighborhood or any detriment to nearby properties. 2. The benefit sought by the applicant cannot be achieved by any other means. 3. The request was not substantial. 4. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty was not self - created. 6. The Planning Board strongly preferred the proposed design, because it restores residential use to Spencer Road and creates a more welcoming streetscape that is in keeping with a more traditional neighborhood character. The Area Variance was granted with a vote of five (5) in favor and none opposed. For Th&Buildink Department Phyllis Radke, B ilding Commissioner CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 December 10, 2012 Mr. Matthew Happen 205 Wood Street Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of December 4, 2012 Appeal # 2895 — 205 Wood Street Your appeal for Anne Stuart owner of 205 Wood Street for area variances from City Zoning Ordinance Section 325 -8 Column 6, 7, 10 , 11, 12, 13 and 14/15 , area in square feet, width at street , maximum lot coverage, front yard , side yard, other side yard, and rear yard respectively. The owner's proposal to add a front porch at her house at 205 Wood Street will create a front yard deficiency and further increase the lot coverage allowed by the Zoning Ordinance. The deficiencies for area in square feet, width at street, side and rear yard deficiencies are the existing conditions of the property at 205 Wood Street. These deficiencies will not be increased by this zoning variance request. The owner of 205 Wood Street proposes to add a new porch to the front of her house. Currently the front door is accessed by a set of stairs. To provide overhead protection and enhance the building's appearance, the owner wants to add a 40 SF porch that would be 10 feet wide and 4 feet deep. Without this porch, the house has a ten -foot deep front yard. The required depth of front yard in the R2b use district where this property is located is 10 feet. Adding a front porch will reduce the front yard from 10 feet to 6 feet deep. The 40 SF addition will also increase the allowed maximum lot coverage. The maximum lot coverage in the R2b zone is 35 %. Without the porch, the building on the property covers 38.8 % percent of the lot. The addition of the porch will increase the lot coverage to 40.8 %. Existing deficiencies at 205 Wood Street that will not be increased by the addition of the porch are: 325 -8 column 6, area in square feet. The property is 1,980 SF. A lot in the R2b zone for a single family home is required to be 3000 SF. 325 -8 Column 7, Width at Street. The width at street of 205 Wood Street is 30 feet wide. The width is required to be 35 feet wide. `An Equal Opportunity Employer with a commitment to workforce diversification." c� Mr. Matthew Happen December 10, 2012 205 Wood Street Page 2 Ithaca, NY 14850 RE: Board of Zoning Appeals Meeting of December 4, 2012 Appeal # 2895 — 205 Wood Street 325 -8 Column 12 and 13, Side Yard, and Other Side Yard. The side yards of this property are 3.6 feet wide and 4 feet wide. The R2b zone requires one side yard to be at least 10 feet and the other side yard to be at least 5 feet. 325 -8 Colum 14/15 Rear Yard. The property at 205 Wood Street is 19 feet deep. The Zoning Ordinance requires the rear yard to be a minimum of 20 feet deep. The property at 205 Wood Street is in an R2b use district where the proposed use is permitted, however, Section 325 -38 of the Zoning Ordinance requires that an area variance be granted before a building permit can be issued. It was moved by James Marshall to grant the appeal with the following findings of fact: 1. There will be no undesirable change produced in the character of the neighborhood or a detriment to nearby properties. 2. The benefit sought cannot be achieved by any other means. 3. The requested variance is not substantial. 4. There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not self- created. 6. The City Planning board recommends approval of this appeal. The appeal was granted by a vote of five (5) in favor and none opposed. For thV) Building Department Phyllis Rail , Building Commissioner CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 December 10, 2012 Nancy Medsker 67 Marsh Road Ithaca, NY 14850 Re: Board of Zoning Appeals Meeting of December 4, 2012 Appeal #2882 — 308 North Cayuga Street Dear Mr. Seaney & Ms. Medsker: The Board of Zoning Appeals considered your appeal for a for a Special Permit for a Bed and Breakfast Inn as required under Section325 -9 C (1) (q.) of the Zoning Ordinance. Aside from this proposed Bed and Breakfast Inn needing a special permit granted by the Board of Zoning Appeals, the proposed Bed and Breakfast Inn at 308 North Cayuga Street also needs an area variance because of a deficient side yard. Therefore, you are also seeking an area variance from the Zoning Ordinance, Section 325 -8, column 12, required side yard setbacks. You propose to operate a 5 bedroom, Bed and Breakfast Inn at 308 North Cayuga Street. A Bed and Breakfast Inn must be owner managed and operated and each manager must own at least 1/2 of the building where the inn is located and own half of the business. The Inn will be managed by both you and her son Tom, but your son will also be living in the one- bedroom owners' apartment located at 308 North Cayuga Street. Special permits for Bed and Breakfast Inns also require that the manager be physically present at the Inn 80% of the days that the Inn is being operated. By providing living accommodations for one of the managers in an apartment at 308 North Cayuga Street, you will be able to meet the requirements for managers to be on the premise 80% of the time the Inn is open. The property at 308 North Cayuga Street also has a side yard deficiency. 308 North Cayuga Street is located in a B 1 a zoning district. Side yards must be 10 feet on one side and 5 feet on the other side. The yard that must be 5 feet deep is only 1.8 feet deep. The property has 8 parking spaces. There is a space available for each room to be rented, a space for the apartment, plus two additional spaces. The property is in a B 1 a commercial use district where Bed and Breakfast Inns are allowed, however Zoning Ordinance, Section 325 -38 requires that variances be granted before a building permit can be issued. It was moved by James Marshall to grant the Special Permit with the following findings of fact; 1. That the Bed and Breakfast owner be there 80% of the time. 2. That there be no cooking facilities permitted in the individual guest rooms. 3. Food services shall only be provided to guest taking lodging in the bed and breakfast. 4. That there be no more than one sign. S. The Ithaca city Planning Board strongly recommends approval of this appeal. The appeal was granted by a vote of five (5) in favor none opposed. Sincerely, For tlip Build\g Department Phyllis Radke, uilding Commissioner `An Equal Opportunity Employer with a commitment to workforce diversification." 0: