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Home My WebLink AboutZBA Minutes 2017-08-21 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 15, 2017 OF 17, TOWN OF ITHACAr" 4Lffl A 10 0 215 N. Tioga Street, Ithaca, N.Y. 14850 '1821 www.town.ithaca.ny.us 4, yo 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 11"' 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 348 Warren Rd By deposit' same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and cult dy f e United S ates Post Office Department within the State of New York. Paulette Rosa, Town Clerk Sworn to before rne this 161h day of August 2017. otrlr Public Debra DeAugistine Notary Public-State of New York No.01 DE6148035 oualified in Tompkins Coun My Commission Expires June 1E �W-LL TOWN OF IHACA 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 C� the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: El ADVERTISEMENT/NOTICE [.1 NOTICE OF PUBLIC HEARINGS El NOTICE OF ESTOPPEL NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER ZBA Meeting-August 21, 2017 124 Seven Mile Drive 348 Warren Rd it TOWN OF rrHACA Z01114MIG f,'(OARD OF APPEALS Location of Sign Board Used for Posting: NOTICE OF PUBLM HEARINGS Morldla,Y, It 7 Town Clerk's Office 215 Nort),A'rlogja Street, fthaca 6"0 215 North Tioga Street A I N PNS-'aW of I Iiii"iry Diekow, 348 Warren Rd,TP,71-4,6 mcm, requesting a variance froky) Chapter 2710-71(Q "Side Ithaca, NY 14850, Yards," cif the'rown of Ithaca Code, io add'to r,3ri existing deck on'the side,of the hOLI$0 Appp.0 of Tracie Evains Sheldrake, 124 Seven Mil em Dr., TP Town website at wAv,,A!jom J0 ai4 l dl In 'rcjvvri of ithaca code Chapter 270,57 8(3 "Accessory BuH. 33,,-2-3,42 I-DR, requestAing, Spec Agrovall from the approva� pnl to be al[lovved to have an accesl5or (1welling unftln a tIL"flIding othe� thant the prin- clpai bl..Xdrz Craw W, Rates Date of Posting: A-a-g-aWik-201-7�-�`-- 1�� ) 7 Director of Code'Enforcerrient, A 607-273-1783 Date of Pu ica, ion: A-ugust-4D5-201,7f:—�- DatedAugust 1 1, 2017 Pau blished:August 15,20117 Z" Paulette Rosa Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Swortt"to and Subscribed before me this /S()l-day of 2017. tot-a,ry Public _ ... _...M1_ Debra DeAugistine Notary Public-Statz,,,of New York No,01 DE61 48035 01.111ifiPd in Tompkins County My Commission Expires JUne 19,201. Tompkins County DEPARTMENT OF PLANNING AND SUSTAINABILITY 121 East Court Street Ithaca,New York 14850 Edward C.Marx,AICP Telephone(607)274-5560 Commissioner of Planning and Sustainability August 28, 2017 Paulette Rosa, Town Clerk Town of Ithaca 215 North Tioga St. Ithaca,NY 14850 Re: Review Pursuant to §239-1,-m and-n of the New York State General Municipal Law Action: Area Variance for deck at 348 Warren Road, Town of Ithaca Tax Parcel#71.4-6, Hilary Diekow,Owner/Appellant. Dear Ms. Rosa: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter-community, or county-wide impacts. Please inform us of your decision so that we can make it a part of the record. Sincerely, s Edward C. Marx Commissioner of Planning and Sustainability Inclusion through Diversity TOWN OF ITHACA ZONING BOARD OF APPEALS Monday,August 21, 2017 Board Members present: Rob Rosen (Chair), Bill King, Chris Jung, George Vignaux and William Highland Absent: Christine Decker and Carin Rubin Staff present: Bruce Bates, Director of Building and Code Enforcement; Paulette Rosa, Town Clerk; and Susan Brock, Attorney for the Town 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 Ms. Diekow and Mr. Skibinski (builder)were present to answer questions and Mr. Skibinski stated that he is a friend of Ms. Diekow, not a contractor and he simply didn't know a permit was needed and when he applied for one, they found out about the encroachment into the side yard. The Board discussed the application saying that it did not seem significant, fits the character of the neighborhood, is not in the front yard and is not massive in size. Mr. Rosen opened the public hearing at 6:12p.m.; there was no one wishing to address the board and the hearing was closed. "The Board had some concern regarding setting a precedent for people to build something and then seek a variance, but the Board recognized that each application is a balancing test, and decided that this application would have likely prevailed had it been submitted before construction." Ms. Brock stated that SEQR is not required for a residential area variance. ZBA Resolution 0021-2017 Area Variance 348 Warren Rd., TP 71.4-6 MDR Hilary Diekow August 21, 2017 Motion made by Rob Rosen, seconded by George Viganaux That this board grants the 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 with the following: Conditions 1. That the deck not be expanded or enlarged, and 2. That the side yard setback be no less than 8' 6"feet, and Findings 1. That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically that the benefit that the applicant wishes to achieve cannot be achieved by any other means feasible given that the applicant wished to expand the existing deck; and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that the deck is in the rear part of the side yard, is only a four foot high simple deck and in character with the neighborhood, and 3. That the request is substantial given that it is a six foot encroachment on a fifteen foot setback, and 4. The request will not have adverse physical or environmental effects given that SEQR is not required; and 5. That while the alleged difficulty is self-created in that the applicant wanted this particular design, the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community for the reasons stated above. Vote: Ayes —Rosen, Highland, Jung, Vignaux and King Unanimous 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. Ms. Sheldrake explained that her parents sold their home and she is renovating her garage to have an accessory unit for them to stay in when they come here for the summer. The garage was built about 9 years ago and the house is over 150 years old and she has owned it for almost 40 years. Mr. Rosen opened the public hearing at 6:37 p.m. There was no one present and the public hearing was closed. The Board looked at the requirements listed in the Code for special approval for a dwelling unit in an accessory building. The Board did not think the additional unit would affect the character of the neighborhood and the proposal adhered to all criteria for a special approval except the 40' foot setback from all boundary lines which would require an area variance be applied for and granted prior to the special approval and that variance was not advertised as required by law. The Board looked at the applicants answers to the SEQR questions and agreed with her statements, adding that most are answered simply by the fact that the building has been. there for almost 10 years and no changes are being made to the outside and no enlargement of the garage. ?BA Resolution 0022-2017 SEAR 124 Seven Mile Dr., TP 33.-2-3.42 LDR Tracie Evans Sheldrake August 21, 2017 Motion made by Rob Rosen, seconded by Bill King Resolved that this Board makes a negative determination of environmental significance based on the information in Parts I and 2 and for the reasons stated in Part 3 of the SEAR form. Vote: Ayes—Rosen, King, VignaLIX, Jung and Highland Unanimous The Board turned back to the special approval and focused on the drawings submitted and the measurements. After much discussion, the Board asked the applicant to measure accurately the distance from the boundary lines for the next meeting and scheduled a special meeting, for Tuesday, September 5, 2017 at 6;00 p.m. to allow the area variance to be published and acted upon. The appeal was adjourned until September 5, 2017 at 6,00 p.m. Or until the applicant can produce accurate measurements. Meeting was adjourned at 7:17 p.rri. Submitte d,"b"" C Paulette Rosa, Town Clerk