The URL can be used to link to this page

Home My WebLink AboutZBA Packet 2024-12-16Town of Ithaca Zoning Board of Appeals Monday, December 16, 2024, at 6:00pm Town Hall, 215 N. Tioga St. AGENDA ZBAA-24-29 Appeal of LaTourelle Partners LLC, owner of 1150 Danby Rd., Ithaca, NY, 14850; Jason Sidle Applicant/Agent; is seeking relief from Town of Ithaca Code sections 270-68C (Permitted accessory buildings and uses) and 270-71E(2) (Accessory buildings). Town of Ithaca Code section 270-68C requires that the maximum amount of accessory buildings not exceed three, where the applicant has exceeded three accessory buildings on the parcel. Town of Ithaca Code section 270-71E(2) requires accessory buildings to be located in the rear yard, where the applicant is proposing to have accessory buildings in the side and front yard.The property is located in the Special Land Use District No.1 with the underlying land use zone being the Medium-Density Residential Zone. Tax Parcel No. 36.-1-4.5 ZBAA-24-30 Appeal of James and Patrica Maybee, owners of 805 Coddington Rd., Ithaca, NY, 14850; are seeking relief from Town of Ithaca Code section 270-223 (Fences and walls; retaining walls). Town of Ithaca Code section 270-223 allows a maximum fence height of 6’, where the applicant is seeking an area variance to exceed 6’ in height. The property is located in Low- Density Residential Zone, Tax Parcel No. 48.-1-14.5. ZBAA-24-31 Appeal of Michael Gladis, owner of 213 King Rd. East., Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code section 270-60F (Yard regulations). Town of Ithaca Code section 270-60F requires all garages, in aggregate, to not exceed a footprint of 780 sq.ft in size and requires a side yard setback of 40’, except that a one story garage can be located 15’ from a side yard property boundary line in one of the side yards, where the applicant is proposing to have all garages, in aggregate, exceed the maximum allowed footprint for the zoning district and proposing to construct one of the garages (in one of the side yards), within the required 40’ side yard setback. The property is located in the Low-Density Residential Zone, Tax Parcel No. 45.-2-3. ZBAA-24-18 Appeal of S Roberts WC Land LLC, owner of 111 Wiedmaier Ct., Ithaca, NY, 14850; Jared Lusk, Applicant/Agent; Requesting Extension of “Shot Clock” from December 16, 2024 until January 28, 2025 meeting of the ZBA. Recommendation of ZBA Chairperson 2025 to the Town Board Comments on the appeal(s) can be made in person or via the ZOOM platform during the meeting. You can also email comments (or questions up until 4pm the day of the meeting) to Codes@townithacany.gov. All comments become part of the official record. Links to the full materials and ZOOM are available on the Town’s website, www.townithacany.gov under “Public Meetings”. HOW TO ACCESS ZOOM: Virtually - Go to www.zoom.us - Click Join Meeting - enter Meeting ID 852-5587-1576 the Host will let you in. By Phone - Call (929) 436-2866 - You will be prompted to enter the Meeting ID: 852- 5587-1576 - the Host will let you in. The recording of the meeting is archived on the Town’s YouTube Live Meeting Channel. Youtube.com/@TownofIthacaVideo Marty Moseley Director of Code Enforcement III'' NIXON Nixon Peabody LLP Jared C. Lusk PEABODY 1300 Clinton Square Partner Roche ster, NY 14604-1792 Attomeys at Law nixonpeabody.com @Nixon PeabodyLLP December 9, 2024 VIA FEDERAL EXPRESS Zoning Board of Appeals Town of Ithaca 215 N Tioga Street Ithaca, New York 14850 Attention: Codes Department (codes e town.ithaca.n us) T / 585.263.1140 F / 866,402.1491 jlusk@nixonpeabody.com RE: Bell Atlantic Mobile Systems, LLC d/b/a Verizon Wireless' application (the Application") to the Town of Ithaca (the "Town") for a special use permit and site plan approval from the Planning Board and an area variance from the Zoning Board of Appeals to construct and operate a 134' wireless telecommunications facility (with 4' lightning rod) on property located at 111 Wiedmaier Court (Tax Parcel No. 56.4-1.22) in the Town of Ithaca, Tompkins County, New York (Verizon Wireless' "Sunny View" site) Dear Members of the Zoning Board of Appeals: Verizon Wireless representatives were scheduled to present additional RF data at the upcoming December 16th Zoning Board of Appeals meeting regarding the above -referenced project, as requested at the November 26th meeting. Verizon Wireless has not yet completed their data analysis. As such, we respectfully request to adjourn the matter until the January 28, 2025 meeting. We understand any materials will need to be submitted by January 14, 2025. Should you have any questions or require additional information, please do not hesitate to contact me. JCL/mkv cc: Brett Morgan, Airosmith Deve Jeff Twitty, Esq., Nixon Peabo 4928-7560-781 l .1 ZBAA-24-29 about:srcdoc 1 of 10 12/9/2024, 9:40 AM ZBAA-24-29 Appeal of LaTourelle Partners LLC, owner of 1150 Danby Rd., Ithaca, NY, 14850; Jason Sidle Applicant/Agent; is seeking relief from Town of Ithaca Code sec ons 270-68C (Permi ed accessory buildings and uses) and 270-71E(2) (Accessory buildings) Town of Ithaca Code sec on 270-68C requires that the maximum number of accessory buildings not exceed three, where the applicant has exceeded three accessory buildings on the parcel. Town of Ithaca Code sec on 270-71E(2) requires accessory buildings to be located in the rear yard, where the applicant is proposing to have accessory buildings in the side and front yard. The property is located in the Special Land Use District No.1 with the underlying land use zone being the Medium-Density Residen al Zone. Tax Parcel No. 36.-1-4.5 ZBAA-24-29 about:srcdoc 2 of 10 12/9/2024, 9:40 AM ZBAA-24-29 about:srcdoc 3 of 10 12/9/2024, 9:40 AM ZBAA-24-29 about:srcdoc 4 of 10 12/9/2024, 9:40 AM ZBAA-24-29 about:srcdoc 5 of 10 12/9/2024, 9:40 AM 1 Dana Magnuson From:Dana Magnuson Sent:Friday, November 1, 2024 3:11 PM To:Bill Minnock; Jason Sidle Subject:La Tourelle/Additional Shed Variance Required for Building Permit Application BLD-24-110 Hello Bill and Jason, As discussed, an additional area variance is required https://ithacany.portal.opengov.com/categories/1084/record-types/6461 for the number of accessory structures on the property exceeding the 3 allowed per Town Law Article IX Medium Density Residential Zones 270-68Permitted accessory buildings and uses. C. Up to three accessory buildings other than a garage or a building occupied by a detached accessory dwelling unit, all such accessory buildings in the aggregate not to exceed a total footprint of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory buildings may not exceed total footprint of 2,000 square feet. Amended 12-11-2017 by L.L. No. 20-2017; 3-13-2023 by L.L. No. 7-2023] Existing accessory structures are; 1) Gazebo in southeast front yard/ approximately 127 sq.’ 2) Gazebo in northeast side yard/ approximately 159 sq.’ 3) Gazebo in northwest side yard/ approximately 95 sq.’ 4) Gazebo in rear yard/ approximately 127 sq.’ 5) Coop in front yard (may have been removed) The ZBA ask(s) would be; 1) Area variance for new shed and 1 existing gazebo = 5 total accessory structures (if the coop is no longer on the property) 2) Area variance for (2) existing gazebos to remain in side yard and (1) existing gazebo to remain in front yard Also, researching the La Tourelle property archives I didn’t find any building permits for any of the gazebos on Town record. A General Building Permit application is required for each of the (4) gazebos link below. https://ithacany.portal.opengov.com/categories/1071/record-types/6527 Please let me know if you have any questions. Thank you, Dana Magnuson Senior Code Enforcement/Electrical Town of Ithaca 215 N.Tioga St. Ithaca, NY 607-273-1783 ext.131 dmagnuson@townithacany.gov www.town.ithaca.ny.us COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. November 19, 2024 Lori Kofoid, Administrative Assistant IV Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: Area Variance for proposed La Tourelle accessory buildings located at 1150 Danby Road, Tax Parcel #36.-1-4.5, La Tourelle Partners LLC, Owner; Jason Sidle, Applicant. Dear Ms. Kofoid: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability ZBAA-24-30 Appeal of James and Patrica Maybee, owners of 805 Coddington Rd., Ithaca, NY, 14850; are seeking relief from Town of Ithaca Code sec on 270-223 (Fences and walls; retaining walls). Town of Ithaca Code sec on 270-223 allows a maximum fence height of 6’, where the applicant is seeking an area variance to exceed 6’ in height. The property is located in Low-Density Residen al Zone, Tax Parcel No. 48.-1-14.5. ZBAA-24-30 about:srcdoc 1 of 9 12/6/2024, 12:02 PM ZBAA-24-30 about:srcdoc 2 of 9 12/6/2024, 12:02 PM ZBAA-24-30 about:srcdoc 3 of 9 12/6/2024, 12:02 PM ZBAA-24-30 about:srcdoc 4 of 9 12/6/2024, 12:02 PM ZBAA-24-30 about:srcdoc 5 of 9 12/6/2024, 12:02 PM 1.No.The fence is aesthetically pleasing.We take great pride in the maintenance of the fence.We have stained the fence which is an added expense and labor intensive,but it certainly makes the fence that much more appealing.We stain both sides of the fence and stain it every two years.We believe that the fence whether 6’or 8’would have the same impact.We had attempted to plant arborvarte plants where the fence is without success,but with them in place we believed that a 6’fence would not give us the privacy that we needed with the lay of the land.The fence is only 100’which gives us privacy when we or our guest drive into our driveway.Once the fence was installed,we continued to make it look even better with several attempts,finally placing low growing plants along the fence and solar lanterns hanging on each post.We also have bark chips and edging on both sides of the fence and work to keep both sides trimmed and neat at all times.Please understand that the neighbors stated that they were going to install a privacy fence,but due to issues that arose with the installation of the pool their funds ran out. 2.No.As stated before,we spend a good amount of time and money to plant arborvarte,but had chosen to plant slow growing plants as the fast growing plants would have grown to 40’which was an extreme.Many of the plants died,and we purchased additional plants that were more mature,but again had no success with them surviving.We have noticed that these plants don’t seem to grow and survive in the local environment.They as well would have taken years to give us the same privacy as the fence. 3.Yes.Since the town only allows for a 6’high fence to be installed,an 8’high fence is substantial.We have sent the fence back from the property line 10”and this decision was made as the plants were still in place when the fence was installed.This reduces the visual impact,but please remember that the pool that was installed was placed approximately 11 feet from our property line! We have also installed grass plants on the east end of the fence to soften the appearance.We again choose plants that would only grow 6”high.Please understand that when we are mowing our yard,we still have full view of the pool and activities of our neighbors which continues to be a concern to us. 4.No.We have actually had many neighbors as they pass the house stop to visit and give compliments on the fence. 5.Yes.It can be stated that the difficulty was self-created,but when we worked with the builder to change the fence from a 6 foot fence to an 8 foot fence,we were told that we needed to get a building permit.We went through the necessary steps working with the Town Board Code Enforcement Department to attain the building permit and received it before the building started.The permit was issued in February 2022 and the fence was built at that point in time.At no time did the Town Board or the contractor explain to us that the good side of the fence was to be facing the neighbor.The fence was under construction and I,Patti Maybee,shared pictures of the build with my boss at work.He said “don’t you know that the good side of the fence needs to be facing your neighbor?”I immediately contacted my husband,Jim Maybee and stopped the construction of the fence.I met with the contractor immediately and we had to redesign the fence in a way that would be pleasing to both parties.The cost of the fence increased by several thousand dollars to accommodate the change required and the tear down of the progress of the fence that had been made.It was not until November of 2024,upon the retirement of the Town Board individual that we were working with throughout the entire pre-build,build,and POST-build was it found that the permit along with others had never been finalized and that we were now being found not legal. COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. November 26, 2024 Lori Kofoid, Administrative Assistant IV Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: Area Variance for fence located at 805 Coddington Road, Tax Parcel 48.-1-14.5, James & Patricia Maybee, Owners; James Maybee, Applicant. Dear Ms. Kofoid: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability 30'e e^AIMlUC LAUO^ OP C^.O> S37-I.4 4S'\'t4.Z 521" TOT.TOt ui 0 SI0M£Y f4. Q ILE6 .JP- noe«6 ciLf-s (eO'> 517-14 48-1-14.7. ^ 2.77 ACZCi pAe.A 6Ua,To : pucinc wtCMWAv aKiUti EX41T1MC e/W6 At«> EAiJEMEUT^ OF Z-iOieo 4?-/- 14-5 i Apprx. location of 100 ft fence 64I*43W SZ^.'J TOT.rot N al 0 0 in 48-1-14.^ 5IOMEr M.CILES .JE- Doea C((L£i ^p.o.^ 517-14. 4A-l-t4.Z Z.ftt ACeCS PAZ.V ioa.Tor PU3LIC HifiHWAV eiiitfTi XI6TIMC SA/t EAikEMEMTl OF eEcoe.D TOT.Tott 642**.02W^' 641 -43 W f&4<:e" ecMAiHs^i.ptPB FOUMP^tE 24 J 5' N ul S 3 in 0 t- fl qeeE (e o."> 450-27 47-1-1 j3ld<;. AooEO pAe.'A S/IC./66 St.CC adoca PAe.;B' MAjMlNC LAMOi o f CtL,ES 517-14 4a-l-»4.2 Portion of Lands of Sidney H. Giles, Jr. & Dons Giles- Coddington Road-Town oF Ithaca-Tompkins County- New York February 18.1986 Scale 1=80' File 777 K. A. BAKER LS. 049415 y Jt*» ' * •>^V a ^ BUILDING PERMIT TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.lthaca.ny.us CODE ENFORCEMENT DEPARTMENT Phone (607) 273-1783 codes@town.ithaca.nv.us Permit No.: 2022-0079 Date of Permit: 3/1/2022 Expiration Date: 3/1/2023 This serves as the OFFICIAL BUILDING PERMIT issued to Patricia & James Maybee to erect, move, demolish, or repair a building as indicated, in accordance with all Laws and Regulations applicable thereto. All work shall be performed in accordance with the construction documents submitted and accepted as part of the application. The Town of Ithaca Code Department MUST be notified immediately in the event of any changes occurring during construction. Scope of work: Install a 8 ft. high cedar plank fence, 100 ft. in length, adjacent to South East property line. Project Address: 805 CODDINGTON ROAD Property Owner: Patricia & James Maybee Owner Address: 805 Coddington Rd Ithaca. NY 14850 Occupancy Class; Single Family Home Construction Type:V-B Tax Parcel #: 48.-1-14.5 Sprinkler: Signature: Code Enforcement Officer THIS PERMIT MUST BE POSTED ONSITE PRIOR TO WORK COMMENCING. SUPPLEMENTAL NOTES AND PLANS PROVIDED WITH BUILDING PERMIT MUST BE ONSITE AND AVAILABLE DURING INSPECTIONS. Comments: additional sheet(s) may be attached. 911 ADDRESS POSTING REQUIRED ON BUILDING See attached sheet for details. 911 Address Required on the Building House number and unit number (911 address) should be posted on the structure, not just on the mall box. (Section 304 IPMC & IRC 319.1 2015) Address identification. Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102mm) in height with a stroke width of not less than 0.5 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained. 11/14/24,9:30 AM OpenGov Town of Ithaca Inspection Report Inspection: Final Inspection Inspector: Marty Moseley Inspection Date: Nov 8,2024 Record; TO! - General Building Permit Application #BLD-22-47 Location: 805 Coddington Rd, Ithaca, NY 14850 Applicant: Whitmore Fence BLD-Pinai Overall Result:Fail Overall Remarks: Met on site with James, owner, (unannounced). I knocked on his door to let him know who i was and that i was trying to close out a permit that has been open. I measured the fence, which was 8'3" from grade. 1 then explained to James that the previous inspector may have issued a permit in error. I noted that I wanted to review the property file and Zoning to verify if the fencing is only allowed to be 6' in height. He stated that he had a permit and he did everything he could do to make sure he installed the fence correctly. He noted that he felt this was not right. I told him that I wanted to review the property file and zoningfirst and would call him to discuss. He indicated that he looks forward to my call. 1 called James, based on the phone number on the building permit application and left a voice mail. If he does not call back, I will call him on Tuesday 11/12/24. Based on my review of the file, the fence permit should have not been issued, as it is in violation of the Town Code, section 270-223. The maximum height for a privacy fence, appears to be 6'. https://ithacany.workflow.opengbv.eom/#/inspect/inspeclion-report/16169 1/2 Ithaca, NY 14850 215 N. Tioga Street Town of Ithaca Owner:Patricia & James Maybee Located At:805 CODDINGTON ROAD Applicant Information 3/1/2023ExpirationDate: Date:3/1/2022 FENCE/RETAININGWALPermitType: Building Permit #:2022-0079 48.-1-14.5SBL #: Dryden NY 13053 PO Box 846 126 North Street Whitmore Fence Inspections FINAL FAILED 3/3/2022MKELLY Notes: Rescheduled: - All posts appear to be done, but planks yet to come. Posts are several inches inside property line markers. See picture attached here. Results: I met on job site w/ Jim Fence Maybee & fence contractor crew from Whitmore Fence Co. Contractor installing planking with good side towards the homeowner, contrary to Town Code. Neighbor called TOI office to complain about fence while I was at job site. Homeowner says contractor may not walk on neighbor's land & won't ask for permission. Much discussion followed - work has stopped for now. FINAL FAILED 3/4/2022MKELLY Notes: Failed Previous Inspection: - I met on job site w/ Jim Maybee & fence contractor crew from Whitmore Fence Co. Contractor installing planking (about 1/3 complete) with good side towards the homeowner, contrary to Town Code. Neighbor called TOI office to complain about fence while I was at job site. Homeowner says contractor may not walk on neighbor's land & won't ask for permission. Much discussion followed - work has stopped for now. Results: No apparent activity since yesterday. FINAL OPEN 6/23/2022MKELLY Notes: Rescheduled: - Failed Previous Inspection: - No apparent activity since yesterday. Results : FINAL PARTIAL 3/3/2022MKELLY Notes: Install a 8 ft. high cedar plank fence, 100 ft. in length, adjacent to South East property line. Results: All posts appear to be done, but planks yet to come. Posts are several inches inside property line markers. See picture attached here. FINAL PARTIAL 3/7/2022MKELLY Notes: Failed Previous Inspection: - No apparent activity since yesterday. Results: Failed Previous Inspection: - No apparent activity since yesterday. PLAN REVIEW COMPLETED 3/1/2022MKELLY Notes : Results: Completed review, issued Permit, printed, & emailed. See scan of Permit in main Docs & email here below: From: Martin Kelly <MKelly@town.ithaca.ny.us> Sent: Tuesday, March 01, 2022 4:12 PM To: James & Patricia Maybee jpobmaybee@aol.com> Cc: tim@whitmorefence.com; fred@whitmorefence.com; Martin Kelly MKelly@town.ithaca.ny.us> Subject: 805 Coddington Rd. - Fence Building Permit Ready Mr. & Mrs. Maybee, Your Building Permit #2022-0079: Install a 8 ft. high cedar plank fence, 100 ft. in length, adjacent to South East property line. Is ready and the original is available for pickup. For the convenience of all a scanned copy is attached here. I look forward to see you fence project progress. Sincerely, Martin Kelly Martin Kelly Electrical/ Building Code Enforcement TOWN OF Page 1 of 2 Ithaca, NY 14850 215 N. Tioga Street Town of Ithaca ITHACA 215 North Tioga St Ithaca, NY 14850 P: 607-273-1721 F: 607-273-1704 E: MKelly@town.ithaca.ny.us W: www . town . ithaca . ny . us PRE-BP SITE INSPECTION COMPLETED 3/1/2022MKELLY Notes : Results: I met on job site w/ Jim Maybee, homeowner. Property line is marked & fence is planned for at least 5 inches in from the line. No violations noted. 911 ADDRESSING OPEN 1/1/1900 Notes: Install a 8 ft. high cedar plank fence, 100 ft. in length, adjacent to South East property line. Results : FOLLOW UP OPEN 3/31/2022MKELLY Notes: Install a 8 ft. high cedar plank fence, 100 ft. in length, adjacent to South East property line. Results : Page 2 of 2 ZBAA-24-31 Appeal of Michael Gladis, owner of 213 King Rd. East., Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code sec on 270-60F (Yard regula ons). Town of Ithaca Code sec on 270-60F requires all garages, in aggregate, to not exceed a footprint of 780 sq.in size and requires a side yard setback of 40’, except that a one story garage can be located 15’ from a side yard property boundary line in one of the side yards, where the applicant is proposing to have all garages, in aggregate, exceed the maximum allowed footprint for the zoning district and proposing to construct one of the garages (in one of the side yards), within the required 40’ side yard setback. The property is located in the Low-Density Residen al Zone, Tax Parcel No. 45.-2-3. ZBAA-24-31 about:srcdoc 1 of 8 12/9/2024, 8:52 AM ZBAA-24-31 about:srcdoc 2 of 8 12/9/2024, 8:52 AM ZBAA-24-31 about:srcdoc 3 of 8 12/9/2024, 8:52 AM ZBAA-24-31 about:srcdoc 4 of 8 12/9/2024, 8:52 AM ZBAA-24-31 about:srcdoc 5 of 8 12/9/2024, 8:52 AM 1 Dana Magnuson From:Dana Magnuson Sent:Wednesday, November 20, 2024 12:09 PM To:shot2hell762@yahoo.com Subject:Carport/Building Permit Applications BLD-24-206 and BLD-24-221 Have Been Denied/ Area Variance Required for 213 King Road East Hello Michael, As discussed on the phone this morning, 11/20/24, both carport Building Permit Applications BLD-24-206 and BLD-24-221 have been denied due to an area variance required by the Town of Ithaca Zoning Board of Appeals. 213 King Road East is located in a Low Density Residential Zone. Per Town code Chapter 270 Article VIII Low Density Residential Zones 270-60 Yard regulations. F. Garages: An attached or detached garage may occupy any yard provided that it shall be no less than 30 feet from the front property line, no less than 40 feet from a side line, and no less than 50 feet from a rear line. All detached garages in the aggregate shall not exceed a total footprint of 780 square feet in size. Detached garages shall be included in the calculations of accessory buildings that, in the aggregate, may not occupy more than 15% of any required rear yard. Notwithstanding the foregoing, the following shall apply: Added 8-13-2012 by L.L. No. 11-2012; 3-13-2023 by L.L. No. 7-2023] 1) In one of the side yards, a one-story garage, either attached to the principal building or separate therefrom, may be no less than 15 feet from a side line which is not a street line. In the rear yard, a one-story detached garage may be no less than five feet from any side or rear lot line. 2) A one-story detached garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners, provided that there is at least one garage bay on each lot, and further provided that the garage meets the front property line setback requirement above. 3) Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a one-story detached garage capable of housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. The existing detached garage in southwest rear yard measured 26’ x 28’ = 728 sq. ‘ The (2) proposed carports are each 18’ x 21’ = 378 sq.’ 378’ x 2 = 756 sq.’ Existing 728 sq.’ + (2 carports) 756 sq.’ = an aggregate of 1,484 sq.’ Proposed 1,484 sq.’ – (allowable) 780 sq.’ = 704 sq.’ additional sq.’/would be the area variance ask from the Zoning Boar of Appeals. Please see the Zoning Board of Appeals Area Variance Application link below; https://ithacany.portal.opengov.com/categories/1084/record-types/6461 Please let me know if you have any questions. Thank you, Dana Magnuson Senior Code Enforcement/Electrical Town of Ithaca 215 N.Tioga St. Ithaca, NY 607-273-1783 ext.131 COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. December 10, 2024 Lori Kofoid, Administrative Assistant IV Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: Area Variance for proposed carports located at 213 King Road East, Tax Parcel #45.-2-3, Michael Gladis, Owner and Applicant. Dear Ms. Kofoid: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability 1 Lori Kofoid From:george adams <geo.h.adams@gmail.com> Sent:Saturday, December 14, 2024 2:38 PM To:Codes Subject:ZBAA-24-31 Appeal of Michael Gladis WARNING** This email comes from an outside source. Please verify the from address, any URL links, and/or attachments. Any questions please contact the IT department Because no plot plan or other design information regarding this proposed garage are available unless and until I attend the ZBA meeting, I can only make observations of constraints to building on this lot gleaned from maps. 1. The frontage is steep, showing up on TC Environmental Health maps with a highlighted slope at the road of 19%. If no new driveway from King road is to be built then there should be no problem as the existing driveway would be grandfathered in regardless of slope. If there will be a new culvert and driveway, is it too steep? 2. Though maps of sewer and water lines are hidden in obscure servers and I cannot find them, I know from experience a town sewer line runs down the south side of E. King near the road. Will this garage be built near or on top of the sewer line? The overhead power line runs across the frontage at most about 34 horizontal feet from the E King rd centerline. Can't build there. 3. How tall is the garage at its nearest horizontal distance from E King road? I will call it H. What will be the elevation of the sill above the height of E King Rd at that point? I will call it E. Because we are at latitude 43 and because E King runs due east down the hill in front of this lot, a setback, S, from the paved surface is necessary to avoid shading the pavement which would cause an icy spot on a steep road at certain times in the winter. For this lot, the requirement to keep from shading the pavement can be stated as a formula: S > (H + E)/0.46. If this is not clear to the ZBA, one of Tim Logue's engineers can probably explain. 4. My assumption about this appeal is that the tapering of the lot from a frontage of 127ft down to about 83 feet sidelot-to-sidelot before it opens up in the rear of the parcel constitutes the hardship because enforcing the 40 foot setback would leave only 3 buildable feet at the back and roughly 40 feet at the frontage...where a driveway already exists. How much of a hardship would it be to just build the garage in the more accommodating rear portion of the lot? Sincerely, George Adams & Camille Doucet 30 Marsh Rd Danby Owners of 202 Troy Rd doing the job right is more certain of a reward than looking for the right job. 1 Lori Kofoid From:Paulette Rosa <pauletterosa66@gmail.com> Sent:Monday, December 16, 2024 3:33 PM To:Codes Subject:Fwd: My agent Forwarded message --------- From: Ryan Rutledge <ryru02@gmail.com> Date: Mon, Dec 16, 2024 at 2:50 PM Subject: Fwd: My agent To: Paulette Rosa <pauletterosa66@gmail.com> Forwarded message --------- From: john john <shot2hell762@yahoo.com> Date: Mon, Dec 16, 2024, 2:49 PM Subject: My agent To: <Ryru02@gmail.com> I Michael Gladis give permission for Ryan Rutledge to be my agent and speak upon my behalf . Thank you very much. Michael Gladis Sent from my iPhone 1 Lori Kofoid From:george adams <geo.h.adams@gmail.com> Sent:Saturday, December 14, 2024 2:38 PM To:Codes Subject:ZBAA-24-31 Appeal of Michael Gladis WARNING** This email comes from an outside source. Please verify the from address, any URL links, and/or attachments. Any questions please contact the IT department Because no plot plan or other design information regarding this proposed garage are available unless and until I attend the ZBA meeting, I can only make observations of constraints to building on this lot gleaned from maps. 1. The frontage is steep, showing up on TC Environmental Health maps with a highlighted slope at the road of 19%. If no new driveway from King road is to be built then there should be no problem as the existing driveway would be grandfathered in regardless of slope. If there will be a new culvert and driveway, is it too steep? 2. Though maps of sewer and water lines are hidden in obscure servers and I cannot find them, I know from experience a town sewer line runs down the south side of E. King near the road. Will this garage be built near or on top of the sewer line? The overhead power line runs across the frontage at most about 34 horizontal feet from the E King rd centerline. Can't build there. 3. How tall is the garage at its nearest horizontal distance from E King road? I will call it H. What will be the elevation of the sill above the height of E King Rd at that point? I will call it E. Because we are at latitude 43 and because E King runs due east down the hill in front of this lot, a setback, S, from the paved surface is necessary to avoid shading the pavement which would cause an icy spot on a steep road at certain times in the winter. For this lot, the requirement to keep from shading the pavement can be stated as a formula: S > (H + E)/0.46. If this is not clear to the ZBA, one of Tim Logue's engineers can probably explain. 4. My assumption about this appeal is that the tapering of the lot from a frontage of 127ft down to about 83 feet sidelot-to-sidelot before it opens up in the rear of the parcel constitutes the hardship because enforcing the 40 foot setback would leave only 3 buildable feet at the back and roughly 40 feet at the frontage...where a driveway already exists. How much of a hardship would it be to just build the garage in the more accommodating rear portion of the lot? Sincerely, George Adams & Camille Doucet 30 Marsh Rd Danby Owners of 202 Troy Rd doing the job right is more certain of a reward than looking for the right job.