HomeMy WebLinkAboutBZA Decision Letter - Appeal 3044 - 170 Pearsall Pl
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Applicant: Jessica Ryan (Ross)
Appeal No.: 3044
Zoning District: R‐1b
Meeting Held On: October 4, 2016
Property Location: 170 Pearsall Pl.
Publication Dates: September 29, 2016 & September 30 2016 (The Ithaca Journal)
Summary: Appeal of Jessica Ryan for Area Variance from Section 325‐8, Column 12, Side Yard, requirement of the
Zoning Ordinance. In 2013, the applicant hired a contractor to build a 120‐SF deck attached to the front (south
side) of her two‐family home, located at 170 Pearsall Place. The deck extends a length of 18 feet from the front
stair landing to the southwest corner of the house and is in line with the west side wall. The depth of the deck
measures 6’8” from the front corner façade. Last month, during a City Housing Inspection, the applicant learned
her contractor constructed the deck without a Building Permit and that she needs a Zoning Variance because the
deck’s location exacerbates an existing side yard deficiency. The existing side yard setback is 5.5 feet. The
required side yard setback is 10 feet. The depth of the deck increases the deficient side yard an additional 6’8”.
The property at 170 Pearsall Place is located in an R‐1b residential use district where the two‐family home is a
legal non‐conforming use; however, Section 325‐38 requires a variance be granted before a retroactive Building
Permit may be issued.
Requirement for Which Variance is Requested: Side Yard
Applicable Section of City Zoning Code: Section 325‐8, Column 12
Members Present:
Steven Beer, Chair
Teresa Deschanes
Marshall McCormick
Public Hearing Held On: October 4, 2016. No one spoke for or against granting the appeal.
Environmental Review: Type 2. These actions have been determined not to have a significant impact on the
environment and are otherwise precluded from environmental review under Environmental Conservation Law,
CEQR, Section 176‐5 C., (11) Setback and lot lines.
Planning & Development Board Recommendation: The Planning Board did not identify any long‐term planning
issues and has no objections to its approval.
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Zoning
PHYLLIS RADKE, DIRECTOR OF ZONING ADMINISTRATION
Telephone: Planning & Development – 607-274-6550 E-Mail: cpyott@cityofithaca.org