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Home My WebLink AboutZBA Minutes 2018-04-10 Public Hearing Notice Zoning Board of Appeals Tuesday,April 10,2018 at 6:00 p.m. You are receiving this notice because your property is within 500 feet of a proposed variance. Comments can be emailed to townclerk@town.ithaca.ny.us or mailed to 215 N. Tioga St, Ithaca, or in person at the meeting. Appeal 0031-2018—Brigid Shipman, 861 Five Mile Dr.,MDR TP 31.-2-21.2 requesting a variance from Town of Ithaca Code Chapter 270-60 E(1) Yard regulations and Chapter 270- 219.5E(1)Stream set back in Zone 2 to be allowed to build and accessory dwelling unit in the side yard where they are not permitted and which will encroach into the stream setback area where 50' feet is required and 47' feet is proposed. E. Accessory buildings. [Amended 8-13-2012 by L.L.No. 11-2012;12-11-2017 by L.L.No.20-2017] (1) Buildings occupied by a detached accessory dwelling unit Any such buildings must be located in a rear yard,be at least So feet from any side lot line,and be at least 35 feet from a rear lot line. E. Prohibited activities in Stream Setback Zone 2.unless otherwise permitted by Subsection H,the following . structures and uses are prohibited in Stream Setback Zone 2 (1) The construction,installation or erection of buildings or other structures on or after the effective date of this section, except fences and walls that are in compliance with the requirements in §270-223.This prohibition does not apply to maintenance or repair of buildings or other structures, Appeal 0032-2018—Yvonne Fogarty, 238 Bundy Rd,AG,TP 24.-5-11.1 requesting a variance from Town of Ithaca Code Chapter 270-29D Permitted accessory building uses,to be allowed to construct a playhouse where three accessory buildings are allowed and there are currently four legally existing non-conforming accessory structures; all buildings, proposed and existing would be below the aggregate square footage allowed. 3. If the principal use is as a one-or two-family dwelling,up to three accessory buildings,all such accessory buildings in the aggregate not to exceed a total of 1,500 square feet in size.Any building occupied by a detached accessory dwelling unit shall count towards the one-thousand-five-hundred-square-foot limit. [Amended 12-11-2017 by L.L.No.20-2017] �/ RY® 5160® Easy Peel�Address labels ; Go to avery oom/templates; 0 Bend along tfnetowpm Pop-upEdge* I tlseAveryTempfataSISO I Addy,Douglas A Debell,John Fernandez,David 232 Bundy Rd 367 Hayts Rd Lawson,Elizabeth Ithaca,NY 14850 Ithaca,NY 14850 115 Kelvin PI Ithaca,NY 14850 Fogarty,Yvonne Goodrich,Gregory S Palmer,Miriam L 238 Bundy Rd Goodrich,Tracy S 237 Watertree Dr Ithaca,NY 14850 226 Bundy Rd E Syracuse,NY 13057 Ithaca,NY 14850 Stivers,Leigh Suwinski,Jan H Zawel,Ryan A LaLonde,Jeffrey Suwinski,Susan J Zawel,Nicki S 256 Bundy Rd 451 Sheffield Rd 23 Marcy Ct Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 I0gjSAM/*g8qq== .d�odpialejolja"epupwa4B4elgzGlldq I � i i s;aeged/wao�ane� quege5/eTNanegzeliH ®iwd&e39mPe.P n" Blake,Micheryl R Catholic Cemetery Asc City of Ithaca 720 Five Mile Dr 113 N Geneva St 108 E Green St Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Donn K Carroll Rev Trust Gilbert,Laurene M Hyde,Peter T 651 Five Mile Drive 656 Five Mile Dr 655 Five Mile Drive Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Ithaca City School District Mallison,Melanie Claire Norfolk Southern Corp 400 Lake St 658 Five Mile Dr 3 Commercial PI,Box 209 Ithaca,NY 14850 Ithaca,NY 14850 Norfolk,VA 23510 Old Hundred Ithaca,LLC People of New York State Rogers,John G 407 Wyckoff Ave Agency Bldg#1 Emp St Plaz Stoscheck,Claudia Ithaca,NY 14850 Albany,NY 12238 721 Five Mile Dr Ithaca,NY 14850 Shipman,Edward J Snyder,Tammy L State of New York Shipman,Brigid 662 Five Mile Dr Finger Lakes State Parks 681 Five Mile Dr Ithaca,NY 14850 2221 Taughannock Park Rd Ithaca,NY 14850 Trumansburg,NY 14886 Sweet,Jeffrey Witchey,Brian Wright,Stacy Sweet,Diane Witchey,Lisa 5970 Stillwell Rd 691 Five Mile Dr 723 Five Mile Dr Trumansburg,NY 14886 Ithaca,NY 14850 Ithaca,NY 14850 i 0SsamdwRLAw vesn .00pgdtFdod9S0cb0c40uu&K19Pwq ; MLS smdt �e1SMPPbjWd�3�G /«I OF 1,-im TOWN OF ITHACA M.0 > 215 N. Tioga Street, Ithaca, N.Y. 14850 + www.town.ithaca.rly.us us 0�w 70 nnm%51 mm AFFIDAVIT OF SERVICE BY MAIL AND POSTING & PUBLICATION STATE OF NEWYORK ) SS.: COUNTY OFTOMPKINS ) 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 ol'215 North Tioga Street, Ithaca, New York. That on the 2,it day of April 2018, deponent served the within Notice upon the property owners listed on the attached document, for an appeal for a property located at: 861 Five Mile Dr and 238 Bundy Rd By depositing sarne 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 duly Posted on the sign board of the Town Clerk of the Town of Ithaca on April 2, 2018 and the notice has been duly published in the official newspaper, Ithaca Jotti-tial oil ril 3, 2018, Pa Tette Rosa, Town Clerk Pubillic Hearing 11slotice zantng Board rad Appe4js Tuesday,Aj�rfl 110,2018 at 6:00 pan, A g,eal 0 --03,1-2018 Brigid! M 861 Hvc! ile Dr., rX R TP 31,2-21,2 requesting a wiriance from Towm of Ithaca Code Chapter 270-60 E (1) Yard regulations and Chragntwna 51E(1) Stream sat back in Z,6,,,, 2t be-M- fmild and accessory dwelling Unit ire tl-tta side Sworn to before me on March 6, 2018. yair4i Where they are not permitted and which VvilIl en- croach 10 the strearrj'�setbark where here 501,fvo.t 0"t , -e- quirerdand 471 feet is proposed- P ! Peal 0032-2018 — Yvonne garty, 238 Bundy Rd* AG, r"IP24-5111 Fo reCILAesting a varizince from 'rown of rl+mca Code Chapter 270-29D Permitted acce%sery Mzsuflcfinq to be allowed to,,con5truct a playhorme where thive ac., cessary buildings are allowed and, (here are currently four I'll 9 MHY existivicl non- mg conforinaccessory struc,,t"res; all N 1.111d(ns, pro6osed and ex uld be-below" the ag- progate square footage sallalwste'rd? wo PaUlOtte Rosa Debra DeAtigistine Town,Clerk Notary Public-Statc,of t4 York 4/2/18 r1o.01 DE61480'35 Or.mlified in Tompkin'1;County cy My Cornniission Expires Julie 19,20 [L5 Public Hearing Notice Zoning Board of Appeals Tuesday,April 1f1, 2018 at 6:00 p.m. Revised: Corrected Address for first appeal Appeal 0031-2018 —Brigid Shipman, 681 Five Mile Dr., ;MICR TP 31.-2-21.2 requesting a variance from Town of Ithaca Code Chapter 270-60 E (1) Yard regulations and Chapter 270- 219.5E(I) Stream set back in Zone 2 to be allowed to build and accessory dwelling unit in the side yard where they are not permitted and which will encroach into the stream setback area where 50' feet is required and 47' feet is proposed. Appeal 0032-2018 — Yvonne Fogarty, 238 Bundy Rd, AG, TP 24.-5-11.1 requesting a variance from Town of Ithaca Code Chapter 270-29D Permitted accessory building uses, to be allowed to construct a playhouse where three accessory buildings are allowed and there are currently four legally existing non-conforming accessory structures; all buildings, proposed and existing would be below the aggregate square footage allowed. 4/4/2018 Paulette Rosa Town Clerk publU Hearing INotlice zoning Board 61 Appeats Tuesday,AIN'H'10,2018 at 6100 P-M- Revised:Corrocted Addresifor first apryeat d da aa 0031-2019 Brigid St'flpnr�an, 61 Five Mile Dir. 'rp 31-2-21.2 requesting pari wwrUrAce it era 7'OWj'N Of Ithaca Cocie Chaixter 270-60 E"(1) Yard reqLOatiorm and C`kagactrr 270-219�SEM Strfaom 3LA bade ir4 Zone ;2 tar be al� i0we to bufld and �%Ccessory dwealling tjj-rit, in the side Vard wh*"'re they area not peirrrwhted zind which Wili e1v croach in6o the streanw Setback area where 50, feet is re- CiLOMCI and 47' feet I!,p,rIZIpposed, Aprnrequest4l M 0032-2018 _ yVaIltne Fogarty, Bundy Rd AG,•, a variance frorn Town of i4wcai C,ode Chalpter 270-29D, ilermRlted accessory buRrMng uses, 4 to be Mk>vved to corrvtruct zt playhoias" Mierre three ic- c(assory buildhqp are Wlovved aAnd there we ctArrently four � eqally existing accesscay sUuctures'� all L Zj wo D pl'opose and existbi ekwv the, ag- gregate aqLfafe fc,)Otc ge aflowecf .y1m°6rF2iat is PaLflette Rr,>,,,a Town Clerk 4/4/18 Zoning Board of Appeals Tuesday,April 10, 2018 at 6:00 p.m. Minutes Present: Rob Rosen, Chair; Members Bill King, Chris Jung, George Vignaux and David Squires Absent: Caren Rubin Staff. Bruce Bates, Codes, Paulette Rosa, Town Clerk and Susan Brock, Attorney for the Town Mr. Rosen opened the meeting at 6:02 p.m. and introduced Mr. David Squires as the newly appointed alternate member. Appeal 0031-2018: Brigid Shipman, 681 Five Mile Dr., MDR TP 31.-2-21.2 requesting a variance from Town of Ithaca Code Chapter 270-60 E (1) Yard regulations and Chapter 270- 219.5E(1) Stream set back in Zone 2 to be allowed to build and accessory dwelling unit in the side yard where they are not permitted and which will encroach into the stream setback area where 50' feet is required and 47' feet is proposed. Ms. Rosa noted that an incorrect address in the original public notice was corrected, republished and re-mailed to the neighbors within the timeframe required by law. Ms. Shipman was present to answer questions and summarized her request by explaining that she wants to build a detached mother cottage so her son can move into the main house but the topography of her back yard and placement of the pool and associated equipment will not allow it to be in the back where required. On top of that, there is a stream running between her and her neighbor and she can't meet the setback in the back yard. Ms. Shipman added that the picture in the packet is not exactly what she is planning on building but it will be similar to it. Board members asked Ms. Shipman about other locations in the yard and the possibility of moving the shed. Ms. Shipman reviewed the topography of the yard again, noting that the back yard slopes into a flood plain and would require a lot of fill to make it buildable. Then there is the stream as well as the infrastructure for the pool; building closer to the pool may affect the integrity of it. The members considered the overview of the property and shifting the shed and the proposed accessory unit. The shed houses the actual plumbing and electrical infrastructure for the pool so that isn't feasible. Ms. Shipman added that the unit is not allowed in the front yard and it would look out of place in the front of the house so considering everything, she thought the proposed location was the best fit for the area with the least amount of house in the side yard and smallest area to the stream. The board was satisfied there was no other feasible location for the unit and felt it fit nicely with surrounding houses and the neighborhood. ZBA April 10, 2018 Pg 1 Mr. Rosen opened the public hearing at 6:15 p.m. There was no one wishing to address the board and the hearing was closed. During the composing of the draft resolution, the board and applicant discussed whether a patio would count toward the footprint and the new size limitations for an accessory dwelling unit which will limit it to 800 sq. ft. Ms. Shipman indicated that she was not planning on a patio but nevertheless she would keep within the square footage allowed. ZBA Resolution 0031-2018 Area Variances —681 Five Mile Dr. TP 31.-2-21.2 MDR April 10, 2018 Resolved that this board grants the appeal of Brigid Shipman, 681 Five Mile Dr., MDR TP 31.- 2-21.2 requesting a variance from Town of Ithaca Code Chapter 270-60 E (1) Yard regulations and Chapter 270-219.5E (1) Stream set back in Zone 2 to be allowed to build and accessory dwelling unit in the side yard, where they are not permitted and which will encroach into the stream setback area where 50' feet is required and 47' feet is proposed with the following: Conditions I. That the building be located substantially as described, given that the exact dimensions have not been determined, and 2. That the dimension from east to west be no longer than 36' feet and the dimension from north to south be not more than 20' feet, and 3. That the west corner be no less than 47' feet from the stream and the east corner be no less than 53' feet from the stream, keeping an average of 50' feet, and 4. That the encroachment into the side yard be no larger than 30' feet into the side yard and with zero encroachment into the front yard. And with the following Findings That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically: 1. That the benefit to the applicant cannot be achieved by any other means given the property is on a flood plain, the topography and slope of the yard, the existing in-ground pool,pool shed, and buried infrastructure for the pool, and a stream runs the border between her and her neighbor, and ZBA April 10, 2018 Pg 2 2. That there will not be a change to neighborhood character or to nearby properties given that the building fits in size and shape with the main house which sits back on the lot, and will not encroach on any neighbors, and 3. That the request is substantial given that accessory dwelling units are not allowed in a side yard and 30' feet encroachment is being granted, and the stream setback being allowed is not substantial given that the average will remain 50' feet with the greatest encroachment being 3' feet, and 4. The request will not have any adverse environmental effects given that SEQR is not required and this location will avoid any environmental issues if the placement were changed to the floodplain or slope given that no disturbance or excavation will need to happen to place it on the existing graded lawn. 5. That the alleged difficulty is self-created in that the applicant wishes to construct a detached, accessory dwelling unit, but nevertheless, the benefit to the applicant does outweigh any detriment to the health, safety and wellness of the neighborhood for the reasons stated above. Moved by Rob Rosen, seconded by Chris Jung Vote: Ayes—Rosen, Jung, Vignaux, King, and Squires Unanimous Appeal 0032-2018: Yvonne Fogarty, 238 Bundy Rd, AG, TP 24.-5-11.1 requesting a variance from Town of Ithaca Code Chapter 270-29D Permitted accessory building uses, to be allowed to construct a playhouse where three accessory buildings are allowed and there are currently four legally existing non-conforming accessory structures; all buildings,proposed and existing would be below the aggregate square footage allowed. Ms. Fogarty was present and stated that she would simply like to build a playhouse to be able to see the lake. Mr. Rosen noted that it is a very large lot with a small playhouse being requested and it seems it's more of a technicality than a problem. The other outbuildings were existing on the separate lots that when combined, became more than the allowed number. Mr. Vignaux noted that the property is huge and one could get lost trying to find the small playhouse on such a large property so there is not detriment to anyone. The lot is also heavily wooded in portions which provides even more shielding for the playhouse. The property is 10+ acres and the playhouse will not be visible from the road. Ms. Fogarty added that they also own the adjacent property that does have a house on it. The board had no issue with the structure and felt it was in keeping with the neighborhood. ZBA April 10, 2018 Pg 3 Mr. Rosen opened the public hearing at 6:40 p.m. There was no one present and the hearing was closed. Ms. Brock noted that SEQR is not required being Type 2; construction of a minor residential structure and an area variance for a single family residence. ZBA Resolution 0032-2018 Area Variance -238 Bundy Rd. TP 24.-5-11.1 AG April, 10 2018 Resolved that this board grants the appeal of Yvonne Fogarty, 238 Bundy Rd, AG, TP 24.-5- 11.1 requesting a variance from Town of Ithaca Code Chapter 270-29D Permitted accessory building uses, to be allowed to construct a playhouse where three accessory buildings are allowed and there are currently four legally existing non-conforming accessory structures; all buildings,proposed and existing would be below the aggregate square footage allowed with the following: Conditions: 1. That the structure be built and located substantially as shown in the application, and 2. That the total area of all structures be no more than 1,500 square feet. and with the following: Findings That the benefit to the applicant outweighs any detriment to the health, safety or welfare of the community, specifically; 1. That the benefit to the applicant cannot be achieved by any other feasible means, given that there are four existing accessory structure, and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that this is an approximately 198 square foot building on an approximately 10 acre lot and it will not be visible from the road or from nearby residences, and 3. That the request is not substantial, given that the total area of the accessory buildings will still be less than the 1,500 square foot maximum aggregate, and given the size of the lot, the number of buildings do not look cluttered or clustered on the parcel, and 4. That there will not be any negative environmental effects given that SEQR is not required, and the playhouse is being constructed on a prepared location without any extra excavation being needed, and ZBA April 10, 2018 Pg 4 5. That the alleged difficulty is self-created in that the applicant wishes to build a playhouse, nevertheless, the benefit to the applicant does outweighs any detriment to the health, safety or welfare of the community for the reasons stated above. Moved by Rob Rosen, seconded by David Squires Vote: Ayes — Rosen, King, Jung, Vignaux. and Squires Unanimous Next Agenda Mr. Bates commented on the three appeals for the next meeting, Meeting was adjourned at 6:45 p.m. Submitted l� Paulette Rosa, Town Clerk ZBA April 10, 2018 Pg 5