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Home My WebLink AboutBZA 3099-314 Taylor Place-Decision Letter-7-3-2018CITY 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.: 3099 Applicant: Monica Ingram, Owner Property Location: 314 Taylor Place Zoning District: R -la Applicable Section of Zoning Ordinance: Section 325-10 Requirement for Which Variance is requested: Temporary Special Permit for an Accessory Apartment Publication Dates: June 27, 2018 and June 29, 2018. Meeting Held On: July 3, 2018. Summary: Appeal of Monica Ingram 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 located in her home at 314 Taylor Place. The home was originally constructed as a two family dwelling in 1974, when the zoning ordinance allowed an additional dwelling in the R-1 zones. In 1996, the previous owners Robert and Esther Doherty, submitted a letter to the Building Division asking to change the status of the two family dwelling to a single family home. This change in occupancy classification cause the property to lose the rights as a two family dwelling. Therefore, the applicant would like to have a temporary special peuuit issued to use the accessory apartment. The property is located in an R -la zoning district where an accessory apartment is allowed as an 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 3, 2018. No public comments in favor or in opposition. Members Present: Steven Beer, Chair Teresa Deschanes Lindsay Jones Motion: A motion to grant the special permit request was made by Teresa Deschanes. Environmental Review: Type: 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 -I & -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. There is no exterior physical change to the property. The Board understands that occupancy may be limited to three unrelated individuals, however given the shortage of house this seems a simple way to add an additional bedroom. The Board would prefer that such Special Permits could be permanent to support the City's housing goals. Factors Considered: As evident in the application and submitted testimony, 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 n No No evidence that there will be an impact on traffic or congestions, given that it will result in most likely one car, but at most the addition of 2 cars. 2. Whether a significant negative impact on property values be produced: Yes ❑ No El There is no physical change to the outside of the property and no evidence that there will be an impact on property values. The property was used as a two family dwelling in the past. There are other properties in the neighborhood that have a second dwelling. The small addition of Ito 2 people will not have a negative impact on the property values. 3. Whether a significant negative impact on municipal services be produced: Yes n No The addition of 1 to 2 persons is very small and it is difficult to see that it would have a negative impact on municipal services. 4. Whether a significant negative impact on the character of surrounding neighborhood be produced: Yes [ No No significant impact on the character of the neighborhood. The building footprint will remain the same, the parking is already there, and there are similar dwellings in the area. The neighborhood has a thriving character that will continue. 5. Whether a significant negative impact on general plan for the development of the community be produced? Yes n No The addition of this one accessory apartment will most likely improve the development of community by: adding a relatively affordable housing unit without sacrificing any green space. Secondly, it will provide the property owner with additional income that can be reinvested in the exterior of her home. This will improve the longevity of the neighborhood and possibly benefiting the character of the neighborhood and the surrounding property values. 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 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 deteuuining the number of unrelated occupants in a dwelling unit. 4. Deed Restriction. Within 30 days of accessory apartment permit (July 3, 2018), 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 Lindsay Jones Vote: Steven Beer, Chair Yes Teresa Deschanes Yes Lindsay Jones Yes Determination of BZA Based on the Above Factors: The Board granted the Special Peiniit for an Accessory Apartment. of Zoning Appeals 3 July 10, 2018 Date