HomeMy WebLinkAboutZBA Minutes 2018-03-13 Town of Ithaca
Zoning Board of Appeals
Public Hearing
Tuesday, March 13, 2018 at 6:00 p.m.
215 N Tioga St., Ithaca
Appeal of Maria Fitzpatrick, Owner, 1336 Slaterville Rd., TP 60.-1-34.5, MDR, requesting a
variance from Town of Ithaca Code Chapter 270-71(B) Yard Regulations to be permitted to
build an addition to a legally existing, non-conforming structure, a portion of which addition
would encroach into the required rear yard setback as follows: approximately 75.25 sq ft (7' x
10'9") on the first floor would encroach approximately 11' feet into the required 30'foot rear
yard setback, and approximately 516 sq ft (48' x 10'9") on the second floor would encroach
approximately 11' feet into the required 30' foot rear yard setback.
March 6, 2018
Bruce Bates
Director
You are receiving this notice because you live nearby. Comments can be sent via email
to townclerkgtown.ithaca.ny.us or in person at the meeting.
Questions can be directed to Mr. Bates at bbatesgtown.ithaca.ny.us
Town of Ithaca
Zoning Board of Appeals
Tuesday, March 13, 2018 at 6:00 p.m.
Present: Rob Rosen, Chair; Members Bill King, Christine Decker, Chris Jung, Caren Rubin,
George Vignaux and Robert Highland
Bruce Bates, Codes, Paulette Rosa, Town Clerk and Susan Brock, Attorney for the Town
Mr. Rosen opened the meeting at 6:02 p.m.
Appeal of Maria Fitzpatrick, Owner, 1336 Slaterville Rd., TP 60.-1-34.5, MDR, requesting a
variance from Town of Ithaca Code Chapter 270-71(B) Yard Regulations to be permitted to
build an addition to a legally existing, non-conforming structure, a portion of which addition
would encroach into the required rear yard setback as follows: approximately 75.25 sq ft (7' x
10'9") on the first floor would encroach approximately 11' feet into the required 30'foot rear
yard setback, and approximately 516 sq ft(48' x 10'9") on the second floor would encroach
approximately 11' feet into the required 30' foot rear yard setback.
Daren Schroeder was present to answer questions.
Mr. Schroeder stated that he is the applicant's husband and they are looking to increase the living
space by adding over the garage and essentially shifting the back footprint slightly. He added that
there is a some living space on the second floor towards the garage and that will be incorporated
into the expansion over the garage.
Mr. Rosen turned to the packet and the colored outline of the footprint and setbacks. He thought
it was a minimal increase to an existing non-conformity.
Mr. Rosen opened the public hearing at 6:15 p.m.; there was no one present and the hearing was
closed.
The board looked at the diagram and discussed at length the positioning of the house and the area
of the increase. The footprint is essentially shifting and the large of the variances is the increase
in mass above the garage which increases the nonconformity but is in keeping with the
neighborhood. The board felt the renovation did not affect the neighbor(s) or the area and fit
nicely into the neighborhood with a net increase mainly due to the increase in mass, not the
encroachment into the rear yard. The slope and existing trees shield the house and addition and
it is not really visible from the public roadway.
ZBA Resolution 0001-2018 Area Variance
1336 Slaterville Rd
TP 60.-1-34.5, MDR
March 13, 2018
Resolved that this board grant the appeal of Maria Fitzpatrick, Owner, 1336 Slaterville Rd., TP
60.-1-34.5, MDR, requesting a variance from Town of Ithaca Code Chapter 270-71(B) Yard
Regulations to be permitted to build an addition to a legally existing, non-conforming structure, a
portion of which addition would encroach into the required rear yard setback as follows:
approximately 75.25 sq ft(7' x 10'9") on the first floor would encroach approximately 11' feet
into the required 30'foot rear yard setback, and approximately 516 sq ft (48' x 10'9") on the
second floor would encroach approximately 11' feet into the required 30' foot rear yard setback.
Conditions: That the footprint be built substantially as shown in the plans presented with the
back wall being allowed to be no more than 1' foot 3"inches closer to the rear lot line than exists
now, and
Findings
That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the
community, specifically that:
1. The benefit that the applicant wishes to achieve could be achieved by a feasible different
design, and
2. That there will not be a detriment to the neighborhood in that the building is already
existing and nonconforming and the increase into the setback encroachment is very small
on the first floor and the entire second floor addition does not increase the footprint of the
building and is not visible from the roadway given the slope and existing trees, and
3. That the request is substantial, in that the increase in mass is 516' sqft but it is mitigated
in that the addition is in the back of the house and shielded by existing vegetation and it
does not increase the encroachment into the rear yard setback and the resulting mass is
not out of character with the existing neighborhood houses, and
4. That there will not be an adverse environmental impact given that no SEQR is required
and the basic structure was in existence and the proposed design does not increase the
impervious surface area while still providing additional living space.
5. That the hardship is self-created in that the applicant wishes to increase the mass of the
building and slightly increase the footprint, but there will not be an adverse impact to the
health, safety or welfare of the community for the reasons stated above.
Moved by Rob Rosen, seconded by George Vignaux
Vote: Ayes —Rosen, King, Vignaux, Decker and Jung—Unanimous
Discussion regarding the recent legislation -Rental Registry and New Occupancy Levels as
well as siting of Additional Dwelling Units
Mr. Bates and Ms. Brock explained the new legislation and how it may come before the Zoning
Board.
Two areas would be occupancy and the definition of a family which remained the same and there
is a new chart to describe it a little better but there were increases in certain instances. The other
is the placement of what were called"elder cottages"which had to be removed but can now be
free standing secondary ADU's up to 800' square feet with specific setbacks,but can mostly
only be in the back yard or tethered to the main house when located in the front yard with
setback requirements.
The Board will be seeing an appeal next month for a new ADU in the side yard due to
topography.
Membership
The Board acknowledged the departure of Chris Jung and William Highland and thanked them
for their service. Ms. Rubin was interested in being a regular member and Ms. Rosa will propose
the appointment at the next Town Board meeting on March 26, 2018.
There are four applications for the presumed two alternate vacancies.
Meeting was adjourned at 7:20 p.m.
Submitted
Paulette osa,*Town Clerk
OF 124 TOWN OF ITHACA 1_j_ j
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0 0 1:01 1 a jV R1
215 N. Tioga Street, Ithaca, N.Y. 14850
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AFFIDAVIT OF SERVICE BY MAIL AND POSTING & PUBLICATION
STATE OF NEW YORK ) SS-
COUNTY OF TOMPKINS )
1, Paulette Rosa, being duty sworn, depose and state, that deponent is not a party to tile actions,
is over 21 years o1'age with a professional address of 215 North Tioga Street, Ithaca, New York.
That oil the 6"' day 017 March 2018, deponent served the within Notice upon the property
owners listed on tile attached document, for an appeal for a property located at:
1336 Slaterville Rd
By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care
and custody of the United States Post Office Department within the State of New York, and
that the attached notice has been duty posted oil the sign board of the Town Clerk of the Town of
Ithaca on March 6, 2018 and the notice has been duty published in the official newspaper, Ithaca
journal onM-,Ff' 116, 2018.
A',
C_
Paulette Rosa, Town Clerk
Ai.............
Sworn to before me on March 6, 2018, 41
Town of Ithaca
zo,n,ing Soard of Appeals
F,u blic Hearing
TuesdaMuch 13,20118 at 6.00 p-ro.
�5 N Tioga St., ithal-A
Appeal of M0110 fitzpatrick, Owner, 1336 Slatervilie Rd.,
xj/f TP 60-1-34.5, MDR, roquesUng a varlance, from Town of
at Ithaca code Chafiter 270-71(f3) Yard Re ulations to be
y,vixisting, non-
otary Public 08 permftted to build 'an' addition to a jeclalv - d
conforming .xitrt,jcture, a portion of: whfch addition would
1y'
ic- encroach Into the required rear" yard setback as follovvs:
approxinnately 75.25 Sq ft (T x 10'9") on the first floor
Debra DeA4glsUne would encroach af�r.w
.
,r;oxlmately 11` feet Into the required
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t4otary jb�i(,-SZVD
I �of tlew York ro I 30'foot rear yard ta ck, and approximately 516 sq ft
2�ly (48' x 10'9") on the second floor wo Id encroach a%rox'-
No.01 DE6148035 vn mately 11, feet into the required 3o' foot rear yard se't-
Ou,Yified:in Tbaipkins County e cf hack,
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