HomeMy WebLinkAboutBZA 3070-412 Worth St.-Decision Letter- 6-6-2017CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Zoning
Gino Leonardi, Secretary to the Board of Zoning Appeals
Telephone: 607-274-6550 Fax: 607-274-6558 E -Mail: gleonardi@cityofithaca.org
CITY OF ITHACA BOARD of ZONING APPEALS
Special Temporary Permit for Accessory Apartment
Findings & Decision
Appeal No.: 3070
Applicant: Jason Demarest Architecture for Eileen Sommers, Owner
Property Location: 412 Worth Street
Zoning District: R -lb
Applicable Section of Zoning Ordinance: Section 325-10
Requirement for Which Variance is requested: Special Temporary Permit for an Accessory Apartment
Publication Dates: April 26, 2017 and April 28, 2017, Re -Advertised on May 31, 2017 and June 2, 2017
Meeting Held On: May 2, 2017 and June 6, 2017.
Summary: Appeal of Jason Demarest on behalf of the owner Eileen Sommers for a Special Temporary Permit
allowing the construction of an accessory apartment in an owner occupied single-family home as authorized under
Zoning Ordinance, Section 325-10, Accessory apartments. The applicant proposes to construct a new single family
dwelling at 412 Worth Street and would like to incorporate a 290 SF accessory apartment on the first floor. The first
floor consist of a two car garage, vestibule entry for the main house, and the proposed accessory apartment. The
apartment will contain a kitchen, bathroom and have combined living room/bedroom. The apartment will be accessed
from a separate side entrance located on the south end of the home. The accessory apartment will meet the zoning
requirements for floor area having 24% of the 331/3% of total habitable floor area. The property at 412 Worth Street is in
an R -lb zoning district where the installation of an accessory apartment is an allowed accessory use. However, Section
325-10 requires that the Board of Zoning Appeals grant a Special Temporary permit for the accessory use prior to the
issuance of a building permit.
Public Hearing Held On: May 2, 2017.
No Public Comment in Favor.
Public Comment in opposition by Joyce Rivas.
Public Hearing was closed on May 2, 2017
Members Present:
Steven Beer, Chair
Teresa Deschanes
Marshall McCormick
Moriah Tebor
Motion to postpone for more information: Made on May 2, 2017 by Moriah Tebor and seconded by Teresa Deschanes
Continuation of Appeal # 3070 on June 6, 2017:
Motion to Approve: Made by Teresa Deschanes
Environmental Review: Unlisted Action.
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 176-6 A (4) (b).
Tompkins County Review per Section 239 -1 & -m of New York State General Municipal Law: N/A
Planning & Development Board Recommendation:
The Planning Board does not identify any long term planning impacts with this appeal and supports granting it.
Neighborhood concerns were expressed to the Board regarding the development of property. Therefore the Board has
required full Site Plan Review for the project to insure these concerns are addressed to the extent possible.
Factors Considered: The proposed accessory apartment will not have significant negative impact on traffic, congestion,
property values, municipal services, character of surrounding neighborhood, or general plan for the development of the
community.
1. Whether a significant negative impact on traffic or congestion be produced:
Yes ❑ No
There was no evidence presented that there would be a negative impact. The home and the very small apartment
is in keeping with the scale of the surrounding neighborhood.
2. Whether a significant negative impact on property values be produced:
Yes ❑ No
This is a less dense project than other project in the surrounding area. It is going to be nicely landscaped and has
a very small footprint. The fact that the apartment is for a one person occupancy is not going to affect the
property values of the surrounding properties.
3. Whether a significant negative impact on municipal services be produced:
Yes ❑ No
The project is a lower density project than the surrounding properties. When the original project was approved
by the Board, there was evidence that the narrow driveway was adequate for Fire Department access and access
for other emergency vehicles
4. Whether a significant negative impact on the character of surrounding neighborhood be produced:
Yes ❑ No
This is in keeping with the character of the neighborhood and would not have a negative impact.
5. Whether a significant negative impact on general plan for the development of the community be
produced: Yes ❑ No
The zoning ordinance provides for owner occupied homes to install accessory apartments. This encourages small
and inexpensive rentals and also gives the flexibility of aging in place. There is also evidence from the applicant
that this is the plan of the owner.
Conditions:
1. Renewals. Renewal permits for additional three-year periods shall be granted by the Director of Planning and
Development or designee, following inspection of the premises by the Building Division, submission of a renewal
application form issued by the Building Division, and an affidavit stating that the conditions as originally set forth to the
Board of Zoning Appeals have not changed in any way. The Director of Planning and Development or designee shall
determine the premises still meet the standards of the New York State Uniform Fire Prevention and Building Code and
that the original qualifying conditions still exist.
2. Owner Occupancy Required. The owner(s) as defined in §325-3 of the lot upon which the accessory apartment is
located shall occupy and maintain as a legal full-time residence at least one of the dwelling units on the premises, except
for temporary absences not to exceed 18 months in any five-year period. Longer absences will result in revocation of the
temporary permit, except by approval of the Board of Zoning Appeals. In addition, no owner occupant shall occupy an
accessory apartment as his/her primary residence and let the main unit, until: (a) At least one owner occupant has owned
and occupied the main unit in the property after the development of the accessory apartment for a period of five years; (b)
At least one owner occupant has owned and occupied the property as a single-family dwelling for a period of five years;
or (c) At least one owner occupant has owned and occupied the property in a combination of occupancy as in Subsection
D. (1) (a) and (b) above that represents a total of five years' residency.
3. Occupancy. The accessory apartment unit may be occupied by an individual or a family, plus no more than one
unrelated occupant. Minor dependent children in the care of a parent or relative shall be excluded in determining the
number of unrelated occupants in a dwelling unit.
4. Deed Restriction. Within 30 days of accessory apartment permit (June 6, 2017), owner(s) must record at
Tompkins County Clerk's office a declaration of covenants on subject property, cross-referencing to the original
deed, and provide proof of such recording and cross-referencing to Building Division, which may then issue a
Building Permit. The declaration shall state the right to use the property as a two-family dwelling ceases, if the
property is not occupied by the owner of this real property for his/her legal full-time residence as required by §325-
10 D. of City of Ithaca Municipal Code. The declaration shall state the Special Permit granted by the Board of
Zoning Appeals expires unless renewed every three years as required by §325-10 C. of City of Ithaca Municipal
Code. The Director of Planning and Development or designee shall note the existence of accessory apartment on
the record of the property.
5. Revocation. The Director of Planning and Development or designee shall revoke any special permit issued hereunder
should the applicant or the applicant's tenant violate any provision of this chapter or any condition imposed upon the
issuance of the special permit.
Second Motion to Grant Variance: Made by Marshall McCormick:
Vote: Teresa Deschanes: Yes
Steven Beer: Yes
Marshall McCormick: Yes
Moriah Tebor: Yes
June 14, 2017
Seeydiery, $ and of Zoning Appeals Date