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Home My WebLink AboutBZA 3075-627 Warren Pl.-Decision Letter-7-13-2017CITY 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.: 3 075 Applicant: Irina and Alexey Chernyakov, Owner Property Location: 627 Warren Place Zoning District: R -la Applicable Section of Zoning Ordinance: Section 325-10 Requirement for Which Variance is requested: Special Temporary Permit for an Accessory Apartment Publication Dates: June 21, 2017 and June 23, 2017. Meeting Held On: July 13, 2017. Summary: Appeal of Irina and Alexey Chernyakov for a Special Temporary Permit for an Accessory Apartment as required by Section 325-10 of the Zoning Ordinance. The applicant would like use the existing accessory apartment that is in their home located at 627 Warren Place. The previous owner Daniel Benedict constructed the accessory apartment and on April 4, 1994, was issued a special temporary permit by the Board of Zoning Appeal. Special permits are issued for a three-year period and must be renewed for an additional three -years by periodic housing inspections. The property files indicate that Mr. Benedict did not have the housing inspections that were required to renew the special permit. Therefore, the special permit is not valid and the current owners would like to have a temporary special permit issued to use the accessory apartment. The accessory apartment is located in the basement level of the home and has a separate entrance that faces the rear yard. The apartment consists of a living room, kitchen, bathroom, and one bedroom for a total of 454.6 S.F. of habitable living space. Section 325-1 OD (4) requires accessory apartment to not exceed 33 1/3 of the total habitable space within the primary dwelling. The apartment contains approximately 27% of the total habitable space, meeting the requirement of the zoning ordinance. The property at 627 Warren Place is located in an R -la 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 occupancy. Public Hearing Held On: July 13, 2017. No public comments in favor or in opposition. Members Present: Steven Beer, Chair Teresa Deschanes Marshall McCormick Motion: Made by Marshall McCormick Environmental Review: Type: 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 (12). Tompkins County Review per Section 239 -1 & -m of New York State General Municipal Law: N/A Planning & Development Board Recommendation: The Planning Board did not identify any long term negative planning impacts with this appeal. Factors Considered: 1. Whether a significant negative impact on traffic or congestion be produced: Yes ❑ No The apartment has been in prior use and we received no public record against the appeal. Considering the size of the apartment, there is no evidence of a negative impact on traffic or congestion in the neighborhood. 2. Whether a significant negative impact on property values be produced: Yes ❑ No This property has previously been used as a home with an accessory apartment and other properties could also obtain an accessory apartment permit without having a negative impact on property values. 3. Whether a significant negative impact on municipal services be produced: Yes ❑ No® The apartment has already been in place and no negative impact on municipal services have been produced. 4. Whether a significant negative impact on the character of surrounding neighborhood be produced: Yes ❑ No There is no change to the physical exterior of the building and therefore, there is no negative impact to the surrounding neighborhood. 5. Whether a significant negative impact on general plan for the development of the community be produced: Yes ❑ No It is a small apartment that is already existing and no negative impact was found to be produced. 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 (August 13, 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 Teresa Deschanes: Vote: Steven Beer, Chair Yes Teresa Deschanes Yes Marshall McCormick Yes P� d S ary; oard of oning Appeals July 14, 2017 Date