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Home My WebLink AboutZBA Minutes 2017-09-06 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Tuesday, September 5, 2017 215 North Tioga Street, Ithaca 6:00 P.M. Continued Appeal of Tracie Evans Sheldrake, 124 Seven Mile Dr., TP 33.-2-3.42 LDR, requesting an area variance from Chapter 270-57 B (3)where the proposed second dwelling unit is in a garage approximately 177' feet from the side boundary line where 40' feet is required. If granted, applicant requests special approval from the Town of Ithaca Code Chapter 270-57 B "Accessory Buildings and uses authorized by special approval only," to be allowed to have a second dwelling unit in a building other than the principal building. Bruce Bates, Director Code Enforcement Comments can be sent to townclerka,town.ithaca.nusus or the address above. TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, August 21, 2017 215 North Tioga Street, Ithaca 6:00 P.M. Appeal of Hilary Diekow, 348 Warren Rd, TP 71.4-6 MDR, requesting a variance from Chapter 270-71(C) "Side Yards," of the Town of Ithaca Code, to add to an existing deck on the side of the house Appeal of Tracie Evans Sheldrake, 124 Seven Mile Dr., TP 33.-2-3.42 LDR, requesting Special Approval from the Town of Ithaca Code Chapter 270-57 B(3) "Accessory Buildings....special approval only," to be allowed to have an accessory dwelling unit in a building other than the principal building. Bruce W. Bates Director of Code Enforcement 607-273-1783 Dated: August 11, 2017 Published: August 12, 2017 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca, Journal: 0 NOTICE OF PUBLIC HEARINGS 124 Seven Mile Dr Second hearing Location of Sign Board Used for Posting: Town Clerk's Office TOWN OF ITHACA ZONING BOARD OF APPEALS 215 North Tioga Street NOTICE OF PUBLIC HEARING Tuesday,September 5,2017 2115 North Tiaga Street, Ithaca Ithaca, NY 14850 6�00 P.M. Continued AppeaI of Tracie Evanis ShOdirWce, 124 Severn Date of Posting: August 25, 2017 We Drp, TP 33-2-3.42 I-DR, requesting caul aWrjs41, variance froryl Cjrra.jr ')te'r 270--57 B (3) where thZ rmoposed second uwejjlrjg Lanjt, is In a garwjg� approxirriately '17'7' feet frorn Lt'�i� spde boundary [true where 40' feet is recluired, If Date of�9blication: August 28, 2017 granted, zaprAkant ree qusts :speciap l aproval Oom fl,ie T ovv n of fthaC2 Codc,� Chal""Iteir 270-5,7 B "Accessory SuIW- ki� and easesa allwed to have a second eases authorized lat approval only," to be � ": ec gosI W lhng onit In a building? oth- gc er-trianthepri ipalkwildiing, .......... IIIruce B-a tes,[.')I rector C . ode E-riforcment Paulette Rosa (8/2W 17) Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS), SS: TOWN OF ITHACA) Swor t and subscribed before me this of 2017. zz - Notal`"ublic Debra DeAugistine Notary Public-Statf�'of iiew York No,01 DE6146035 OLVIHfied in Tompkins County fAy Cornmission Expires June 19,20—ZL TOWN OF ITHACA % S > 215 N. Ticiga Street, Ithaca, N.Y. 14850 R1 www.town.Ithaca,ny.us 4w, y 0 r. AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) 1, Paulette Rosa, being duly sworn, depose and state, that deponent is not a party to the actions, is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca, New York. That on the 25"' day of August 2017, deponent served the within Notice upon the property owners listed on the attached document, of the following addresses: 124 Seven Mile Drive By depositing sarne enclosed in a postpaid addressed wrapper, in a post office Linder the exclusive care and custq4 f the United States Post Office Department within the State of New York. Paulette Rosa, Town Clerk -VIA Sworn to before me thi 1 0 day of August 2017. -A� �)tar Public Debra DeAugistilne Notary PuUic-State of New York No.01 DE6148035 Quaid ed in Tompkins County 9 My cornmssion Expires June 19,20 Meeting of the Town of Ithaca Zoning Board of Appeals Tuesday, September 5, 2017 Present: Rob Rosen, Chair; Members George Vignaux, Caren Rubin, Bill King, William Highland and Chris Jung Staff: Bruce Bates, Director of Codes; Paulette Rosa, Town Clerk and Susan Brock, Attorney for the Town Mr. Rosen opened the meeting at 6:07 p.m. Continued Appeal of Tracie Evans Sheldrake, 124 Seven Mile Dr., TP 33.-2-3.42 LDR, requesting an area variance from Chapter 270-57 B (3)where the proposed second dwelling unit is in a garage approximately 177' feet from the side boundary line where 40' feet is required. If granted, applicant requests special approval from the Town of Ithaca Code Chapter 270-57 B "Accessory Buildings and uses authorized by special approval only," to be allowed to have a second dwelling unit in a building other than the principal building. Mr. Rosen reviewed the discussion from the last meeting and noted that Ms. Sheldrake confirmed the dimensions of her lot, which was the remaining question. It was noted that there is no setback requirement for the back lot line,just the side lot line which is 40' feet required and here there is 17'feet 7"inches but the building was an existing building and the Board had felt she met all the criteria for the special permit except for that side lot set back which would require an area variance. Mr. Rosen opened the public hearing at 6:11 p.m. There was no one wishing to address the board and the hearing was closed. The Board discussed the appeal and members did not feel that it was a typical residential area given the farmland, town buildings and mobile home park so it would not affect the neighborhood given that. The board was comfortable with the area variance and special permit. ZBA Resolution 0022-2017—Special Permit and 0024-2017 Area Variance 124 Seven Mile Drive, TP 33.-2-3.42 September 5, 2017 Motion made by Rob Rosen, seconded by Bill King. Resolved, that this board grants the appeal of Tracie Evans Sheldrake, owner, requesting special approval from the requirements of Chapter 270, Section 270-57 "Accessory Buildings and Uses Authorized by Special Approval Only" of the Town of Ithaca Code to be permitted to maintain a second dwelling unit in an accessory building and an area variance from the requirements of Chapter 270-57 B(3)where the proposed second dwelling unit is in a garage located ZBA 2017-09-06 special pg 1 approximately 17' 7" feet from the side boundary of the lot where 40' feet is required, located at 124 Seven Mile Drive, with the following Area Variance Findings: 1. That the benefit to the applicant outweighs any detriment to the health safety and welfare of the community, specifically, 2. That the benefit that the applicant wishes to achieve cannot be achieved by any other means feasible given that the proposed second dwelling unit is planned for an existing garage; and 3. That there will not be an undesirable change in the neighborhood character or to nearby properties given that the garage is existing and not change to the outside structure or appearance is proposed; and 4. That the request is substantial given that the required setback is 40' feet where 17'feet 7" inches exists; and 5. That the request will not have adverse physical or environmental effects based on the information in SEQR Parts 1 and 2 and for the reasons stated in Part 3; and 6. That while the alleged difficulty is self-created in that the applicant wishes to add a second dwelling unit to the existing garage, the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community for the reasons stated above. Special Approval Findings: 1. All of the general criteria, as listed by the applicant in their application materials listed a- 1, are satisfied, and 2. That the location of the second dwelling and the building in which it is located does not adversely impact in any significant manner the adjoining neighbors , 3. That the building containing such second dwelling unit was granted a variance from the requirement of 40' feet from any side boundary and it is not constructed in any required front yard, 4. That there is adequate off-street parking for the proposed number of occupants including occupants of both the principle building and the dwelling unit for which special approval is sought, ZBA 2017-09-06 special pg 2 5. That the floor area of the second dwelling, inclusive of the floor area on all floors dedicated to such dwelling, does not exceed 50% of the floor area of the primary dwelling on the lot, 6. That second dwelling is located in a building that is accessory to the principle dwelling, 7. That the building containing the primary dwelling does not contain more than one dwelling, and 8. That there are no buildings on the lot containing dwellings other than the buildings containing the primary dwelling and the building for which special approval is sought. Condition: 1. That the building that the accessory dwelling is in not be enlarged without further approval from this board. Vote: Ayes —Rosen, Jung, Highland, Vignaux and King Unanimous. The regular meeting scheduled for September 18, 2017 is canceled. Meeting adjourned at 6:27 p.m. Submitted by Paulette Rosa, Town Clerk ZBA 2017-09-06 special pg 3