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Home My WebLink AboutBZA 3121-1101 E. State St.-Decision Letter-3-5-2019�� e*PURrrgiezq ATo CITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & Division of Zoning Gino Leonardi, Secretary to the Board of Zoning Appeals Telephone: 607-274-6550 Fax: 607-274-6558 ECONOMIC DEVELOPMENT E -Mail: gleonardi@cityofithaca.org CITY OF ITHACA BOARD of ZONING APPEALS Special Temporary Permit for Accessory Apartment Findings & Decision Appeal No.: 3121 Applicant: Michael Stewart, Owner Property Location: 1101 E. State Street Zoning District: R -la Applicable Section of Zoning Ordinance: Section 325-10 and Section 325-8, Column 13 Requirement for Which Variance is requested: Temporary Special Permit for an Accessory Apar intent and Side Yard Publication Dates: February 27, 2019 and March 1, 2019. Meeting Held On: March 5, 2019. Summary: Appeal of Michael Stewart for an Accessory Apartment Special Pei mit from Section 325-10 and Area Variance from section 325-8, Column 13, Side Yard requirements of the Zoning Ordinance. The applicant proposes to construct an accessory apartment in the basement of the property Located at 1101 E. State Street. The proposed apai tient will consist of a living room, kitchen, laundry room, and one bedroom for an occupancy of up to two persons. The proposed apai tient meets the allowable square footage of habitable space having 28% of the maximum 33% permitted by the ordinance. Although, as part of the requirements for an accessory apaituient, the zoning ordinance requires the side yard and rear yard to meet a minimum 5' setback. The property has a compliant rear yard but has a deficient side yard having 4' of the 5' required by the ordinance. The property is located in an R -lb residential use district in which the proposed use is permitted. However, Section 325- 38 requires that a special permit for an accessory apartment be granted before a building permit is issued. Public Hearing Held On: March 5, 2019. No public comments in favor or in opposition. Members Present: Steven Beer, Chair Teresa Deschanes Steven Wolf Tompkins County Review per Section 239 -1 & -m of New York State General Municipal Law: N/A Environmental Review: Type: Unlisted Action This is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance ("CEQRO"), and State Environmental Quality Review Act ("SEQRA"), and is subject to Environmental Review. Lead Agency: The City of Ithaca Board of Zoning Appeals did, on 3/5/2019 declare itself Lead Agency for the environmental review for the approval of zoning appeal #3121, an area variance for the property located at 1101 E. State Street in the City of Ithaca. Environmental Determination: The City of Ithaca Board of Zoning Appeals, acting as Lead Agency, on 3/5/2019, reviewed the Short Environmental Assessment Faun (SEAF) and determined the requested variance will result in no significant impact on the environment. Planning & Development Board Recommendation: The Planning Board does not identify any negative long term planning impacts and supports this appeal. The project does not alter the appearance to the house and the Board welcomes new housing units in the city. Motion: A motion to grant the special permit request and area variance was made by Teresa Deschanes. 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 ❑ No El The addition of one small apai anent in the building and a yard that has room for the required parking space, in an R-1 a zone, seems to have a very small impact if any and does not add to congestion in this area. 2. Whether a significant negative impact on property values be produced: Yes n No Ei There will be no change to the exterior of the building. The apartment will be located within the existing structure and will not have a negative impact of the neighborhood. The addition of the accessory vat intent will be very tastefully integrated and being that the building must be owner occupied, this will protect the values of the surrounding properties. 3. Whether a significant negative impact on municipal services be produced: Yes n No El There will not be a negative impact on the municipal service. 4. Whether a significant negative impact on the character of surrounding neighborhood be produced: Yes E No There can only be one additional small apai l'tient in the building and the required parking is provided. There will be no negative impact because the outside of the building will not change and the requirement for owner occupancy will remain. 5. Whether a significant negative impact on general plan for the development of the community be produced: Yes No El The zoning ordinance encourages small accessory apartments that are limited in size and where owner occupancy is maintained. The side yard area variance required for the accessory apartment is pre-existing and is not substantial. There would not be a negative impact on the community and it is not self-created. 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 apai talent 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 (DATE), 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 the Special Permit and Area Variance: Made by Steven Wolf. Vote: Steven Beer, Chair Yes Teresa Deschanes Yes Steven Wolf Yes Seer "ary k oard of Zoning Appeals 3 March 21, 2019 Date