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HomeMy WebLinkAboutZBA Packet 2022-08-10Town of Ithaca Zoning Board of Appeals Wednesday August 10, 2022 6:00pm 215 N. Tioga St. Due to public health and safety concerns related to COVID-19 and NYS Legislation allowing virtual meetings. The Public Hearing meeting for the Zoning Board of Appeals will be held by video conferencing through the Zoom App with no in-person attendance permitted. The public will have an opportunity to see and hear the meeting live and provide comments through the Zoom App. If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the livestream video on YouTube. Agenda  0017-2022 Appeal of Francesco Raponi, owner of 122 Eastern Heights Drive, Tax Parcel No. 57.-1-8.111 INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON ZOOM: If you have a computer, tablet, or smartphone, you can access the Zoom meeting by going to www.zoom.us and clicking on “JOIN Meeting”, and entering 852-5587-1576 into the Meeting ID. You can also call in to the Zoom meeting at +1 (929) 436-2866. To join the meeting directly, go to https://us06web.zoom.us/j/85255871576. If joining through the Zoom App, you will be placed on hold until the meeting starts. INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON YOUTUBE: If you have a computer, tablet, or smartphone, you can access the meeting by going to the Town’s YouTube channel. To join the meeting directly, go to https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live Questions about accessing the Zoom video conference should be emailed to ctorres@town.ithaca.ny.us or (607) 273-1783 ext.2. Town of Ithaca Zoning Board of Appeals Wednesday, August 10, 2022 @ 6:00 p.m. 215 N. Tioga St. 0017-2022 Appeal of Francesco Raponi, owner of 122 Eastern Heights Drive, Tax Parcel No. 57.-1- 8.111, is seeking relief from Town of Ithaca Code section 270-71C (Yard regulations). Town of Ithaca Code section 270-71C. requires a side yard setback of 15 feet in width, measured to the side property boundary line, where the applicant is proposing reduce the side yard setback to approximately 10 feet. The current property is located in the Medium Density Residential Zone. Zoning Board of Appeals Application - (Area Variance) Information Department of Code Enforcement 607-273-1783 codes@town.ithaca.ny.us Fee Information: Area Variance Appearance Fee - $150.00 (If multiple variances are being applied for, only 1 fee is required per appearance, higher fee prevails) To view the Fee Schedule, please click here Fees can only be paid by check, cash or money order. Payment is due at the time of application submission. Fees can be mailed to Town Hall, 215 N. Tioga St Ithaca, placed in the locked drop box at the Buffalo St. entrance or delivered to Town Hall during regular business hours 8am-4pm M-F. The application will not be processed or reviewed until we are in receipt of the payment. IMPORTANT: You must have applied for a building, sign, or other required permit and received a determination/denial from Code Enforcement Staff or a referral from the Town of Ithaca Planning Board prior to submitting this application form. Property Address Tax Parcel No. Property Owner(s)* Owner(s) Mailing Address Owner(s) Primary Phone Number Owner(s) Email Address Applicant's Name * Brief Description of Variance Request * Property Information 122 Eastern Heights Dr. Ithaca, NY 14850 If unknown, type "N/A" Francesco Raponi 122 Eastern Heights Drive (607)-351-6498 (xxx) xxx-xxxx raponifrank@gmail.com N/A If the applicant is the owner, please type "N/A" Construction of an attached garage. The back corner will be approximately 5 feet past the 15 foot side yard setback, but the vast majority of the garage will be within the Town of Ithaca parameters as the construction moves away from the neighbor's property as you build down our driveway towards eastern Heights DR.. I received approval from our neighbors Greg and Betsy Cox at 124 Eastern Heights Dr. as the garage on their property is the closest structure they have to our property and our new construction would not interfere with their privacy. Additional Information on the Criteria for Variances AREA VARIANCE: In making its determinaon, the zoning board of appeals shall take into consideraon the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant.  In making such determinaon the board shall also consider: a. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; b. Whether the benefit sought by the applicant can be achieved by some other method, feasible for the applicant to pursue, other than the area variance; c. Whether the requested area variance is substantial; d. Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and e. Whether the alleged difficulty was not self-created NOTE: Chapter 270-235J of the Town of Ithaca Code: Unless work has commenced in accordance with the variance or special approval given by the Zoning Board of Appeals within one year from the issuance of the building permit authorizing such work, or within 18 months of the granting of such variance or special approval, whichever is earlier, not only the building permit but the variance or special approval shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such special approval or variance. Additional Information on the Criteria for Variances Area Variance Criteria Form a. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? * Reasons: b. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance? * Reasons: c. Is the requested variance substantial? * Reasons: d. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? * Reasons: e. Is the alleged difficulty self-created? * Area Variance Criteria Form Yes No There will be no detriment to nearby properties. Both sets of neighbors closest to us at 124 Eastern Heights Dr. and across the street at 121 Eastern Heights Dr. have attached two car garages on their homes as well. This new construction will add beauty and value to our home and to the character of the neighborhood. Yes No Due to minimum size requirements for a 2 car garage, the back corner of the new construction would move closer to 10 feet from the property line. With the garage being attached to the home, it cannot be moved any closer to our home or shortened in width without decreasing functionality. As I explained in the previous question, it would only be a small section of the back corner that would be closer to 10 feet and would be within the 15 foot setback not long after you move towards the road. If I were to approximate, it seems as if 90% of the project is within the 15 foot Town of Ithaca setback parameter. Yes No The new garage being built would sit in roughly the same spot as the existing driveway on the side of our house. The adjacent property has a side lawn next to their garage that meets our side lawn. As I've stated in part b above, roughly 90% of the project is within the 15 foot side yard setback and is neighbor approved. Yes No The new structure would have no adverse physical or environmental impact on our neighborhood. There will be no plumbing involved that could affect groundwater. There will be sufficient drainage built into the project as well to prevent any kind of flooding from rainfall or snow melt. Yes No Reasons: The home was built in the early 1970s and was not built with a garage. For example, Wash and Wendy Wolfe, our neighbors across the street at 121 Eastern Heights Dr. had a 2 car garage added to their home as well about 20 years ago. Our home, like theirs, is centered on the property and the previous builder/owners over the last 50 years, at least with our property, did not plan for a garage nor plan for a garage with the current side setback parameters. Additional Documents In addition to the application, the following documentation should be submitted: - A copy of the determination/denial letter from Code Enforcement or the Planning Board resolution referring the project to the Zoning Board of Appeals, and * - A narrative describing your project, including the present circumstances under which strict observance of the Town Code would impose practical difficulties and/or unnecessary hardship, along with the other criteria for a use variance, area variances, sign variance, or sprinkler variance. Refer to the attached sheet “Information on the Criteria for an Area or Use Variance, "which explains what you as an appellant need to prove and that which the Zoning Board will consider. Complete the applicable criteria form (area, use, sign, or sprinkler), and * - A current survey map and any other plans that will clearly and accurately illustrate your proposal. The survey should include dimensions, setback lines, and any natural features on or immediately adjacent to the site; such as streams, ponds, woodlands, wetlands, etc. Height variance requests require scaled elevation drawings with accurate dimensions showing both the exterior and interior proposed heights. The submission of floor and utility plans should be included when construction is involved. In some cases, these plans may be the same plans submitted to the Code Enforcement Department which caused the determination or denial, and * - If the property is located within a Tompkins County Agricultural District, submit a County "Agricultural Data Statement" form. Maps showing these districts are located on the Town website www.town.ithaca.ny.us and at Town Hall, and * - Similarly, if the property has a stream on it, the survey map needs to show the distance of the stream to the property line as it may need to comply with the Town’s Stream Setback Law. (See staff for more details) * - A completed SHORT or FULL Environmental Assessment Form. All applications require an Environmental Assessment Form (exception--area variance where a residential building setback is involved). There are some cases where a full Environmental Assessment Form will be required; in this case, a Zoning staff member will let you know. Either form can be completed online at www.dec.ny.gov. * If you have documents larger than 11" x 17", tabloid size, we will need 8 hard copies of those documents. One copy can be provided in the original packet and we will notify you when to submit the hard copies. Upload Supporting Documents Here Additional Documents Providing Not providing at this time Providing Not providing at this time Providing Not providing at this time Providing Not providing at this time Providing Not providing at this time Providing Not providing at this time Project Narrative - 122 Eastern Heights Dr,.docx 14.16KB Raponi Survey.pdf 803.28KB Building Permit Rejection Email.docx 14.76KB 20 MB limit, please email additional files to codes@town.ithaca.ny.us Signature Page The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By filing this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staff to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a first-come first-serve basis and that all documents ideally be submitted forty-five (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Application Completed By * Signature * Date * Owner Other Property Manager 6/17/2022 6/17/22 Francesco Raponi Darcylynn Hermann Raponi 122 Eastern Heights Dr. Ithaca, NY 14850 Project Narrative: The proposed project is a 2-story attached garage. Our home was built in the early 1970s and did not include a garage. We would love to be able to park our cars inside, have additional storage and increase our living area upstairs. As a result of the existing home’s location on the property, a small portion (back right corner) of the proposed construction would extend approximately 5 feet beyond the permitted 15 foot side setback due to the angle of the property line. The vast majority of the project falls within the 15 foot parameter and will sit where our existing driveway is located. The adjacent property at 124 Eastern Heights Dr. has a side lawn that meets our side lawn at the property line. The closest structure our neighbors have is their garage. The proposed project was approved by our neighbors Greg and Betsy Cox. The project has no negative impacts on neighbor privacy, health, safety, character, welfare or environment in our neighborhood/community in any way. Due to the existing home’s angle to the property line and the footprint of the driveway where the structure would sit, there is no other method to achieve our goal of a basic 2 car garage without going over the setback parameter by a few feet in the back right hand corner. And since the livable space at the adjacent property (124 Eastern Heights Dr.) is nowhere near the side property line and probably 90% of the structure will fall within the 15 foot setback , we feel as if our request is minimal and is potentially approvable by the Town of Ithaca’s variance board. We would greatly appreciate your approval for this project. Construction will commence and be completed in accordance with Chapter 270-235J of the Town of Ithaca Code in reference to the potential date of issuance. Thank you for your consideration in this regard, Sincerely, Francesco Raponi and Darcylynn Hermann Raponi From: Martin Kelly Sent: Monday, May 23, 2022 4:21 PM To: Jeremy Knout <jeremy.gibbonscs@outlook.com>; gibbonscs@outlook.com Cc: Martin Kelly <MKelly@town.ithaca.ny.us> Subject: 122 Eastern Heights Dr. - Building Permit Denial For House Addition Mr. Knout, I've done a preliminary review of the Building Permit Application you submitted for an addition on Francesco & Darcy Raponi's house, at 122 Eastern Heights Dr. Would you please send me their email address' so I may send this email directly to them, since all Permits in the Town are issued to the property owner, not the contractor. The plans call for a $100,000 project, which will require detailed plans stamped & signed by an architect, or engineer, as per Title VIII of the NYS Education Law. Also, as proposed, I cannot approve this project - the addition would come with 10 feet of the property line, but this is in a Town of Ithaca Medium Density Residential Zone, which requires a least a 15 foot side setback from the property line as noted below: Town of Ithaca, NY / Part II, General Legislation / Zoning Article IX Medium Density Residential Zones 270-71 Yard regulations. 270-71 Yard regulations. In Medium Density Residential Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 25 feet or need it be greater than 50 feet. B. Rear yard: Not less than 30 feet in depth. C. Side yards: Each not less than 15 feet in width. [Amended 8-13-2012 by L.L. No. 11-2012] You may apply for a Variance of the Zoning through the Town Zoning Board of Appeals, and this rejection email would be part of that process. The description of the process can be found at: https://docs.google.com/viewer?a=v&pid=sites&srcid=dG93bi5pdGhhY2EubnkudXN8cHJvdG90 eXBlfGd4OjViNzBmODAzZmU0ODFmNjU. Sincerely, Martin Kelly Electrical/ Building Code Enforcement E: MKelly@town.ithaca.ny.us W: www.town.ithaca.ny.us Town of Ithaca 215 N. Tioga St Ithaca, NY 14850 607.273.1783 1 Chris Torres From:Karen Milligan <cayugalily@gmail.com> Sent:Wednesday, August 10, 2022 8:57 AM To:Chris Torres Subject:Fwd: 0017-2022 Appeal Francesco Raponi 122 Eastern Heights Drive Tax Parcel No 57.-1-8.111 Follow Up Flag:Follow up Flag Status:Flagged My understanding after speaking with adjoining neighbor/owner at 121 Eastern Heights Drive is that the purpose for the variance is to build garage(s) and extend house over said addition. It is not to build a new driveway to accommodate more cars for renters. It is due to owner turning the duplex into a one family home. It is to correct the original surveying which is due to commonly known poor surveying of parcels when the subdivision was built. If my information is true to facts then I see no reason to deny the variance. Karen S Milligan 119 Eastern Heights Drive POB 4982 Ithaca, NY 14852 1 Chris Torres From:Wash Wawrzynek <washwawr@gmail.com> Sent:Saturday, August 6, 2022 12:39 PM To:Chris Torres Subject:Zoning appeal 0017-2022 Follow Up Flag:Follow up Flag Status:Flagged August 6, 2022 Town of Ithaca Zoning Board 215 N. Tioga St. Ithaca, NY 14850 Ref: 0017-2022, Appeal of Francesco Raponi, Tax Parcel No. 57.-1-8.111 Dear Zoning Board Members, We live directly across the street from Mr. Raponi. We understand what he hopes to construct and the zoning variance he is proposing. We have absolutely no objections to the variance and encourage the board to approve it. Sincerely, Paul Wawrzynek & Wendy Wolfe 121 Eastern Heights Dr. Ithaca, NY 14850