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Home My WebLink AboutZBA Packet 2024-06-25Page 1 of 2 Town of Ithaca Zoning Board of Appeals Tuesday, June 25, 2024, at 6:00pm 215 N. Tioga St. AGENDA  ZBAA-24-10 Appeal David and Donna Wexler, Owners of 209 Roat St., Ithaca NY, 14850; are seeking relief from a condition that was established on a previously approved area variance, which allowed for a reduced side yard setback for a garage. The previously approved area variance condition requires the garage be moved in the event the Town of Ithaca widens Blackstone Ave. (in the direction of the garage) and the garage interferes with the widening of the roadway, where the applicants are requesting to remove or amend the condition. The current property is located in the Medium Density Residential zone, Tax Parcel No. 71.-5-1.  ZBAA-24-11 Appeal of Matthew Bollinger and Ann Weber, owners of 232 Troy Road, Ithaca, NY, 14850; are seeking relief from Town of Ithaca Code section 270-56C (Permitted accessory buildings and uses) to allow for a maximum aggregate footprint of all accessory buildings to exceed 600 sq.ft., due to the lot only being 1.9 acres. The current property is located in the Low-Density Residential Zone, Tax Parcel No. 45.-2-11  ZBAA-24-13 Appeal of Roger and Susan Eslinger, owners of 20 Dove Dr., Ithaca, NY, 14850; are seeking relief from Town of Ithaca Code section 270- 71E(2)(Yard regulations) to allow for an accessory building to be placed in the side yard, where an accessory building is only allowed to occupy a rear yard. The current property is located in the Medium-Density Residential Zone, Tax Parcel No. 61.-1-8.42 INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON ZOOM: If you have a computer, tablet, or smartphone, you can access the Zoom meeting by going to www.zoom.us and clicking on “JOIN Meeting”, and entering 852-5587-1576 into the Meeting ID. You can also call in to the Zoom meeting at +1 (929) 436-2866. To join the meeting directly, go to https://us06web.zoom.us/j/85255871576. If joining through the Zoom App, you will be placed on hold until the meeting starts. INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON YOUTUBE: If you have a computer, tablet, or smartphone, you can access the meeting by going to The Town’s YouTube channel. To join the meeting directly, go to https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live Questions about accessing the Zoom video conference should be directed to lkofoid@townithacany.gov or (607) 273-1783 Town of Ithaca 5/23/2024 ZBAA-24-10 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 5/2/2024 Primary Location 209 Roat St Unit David & Donna Wexler Ithaca, NY 14850 Owner David & Donna Wexler Roat St 209 Ithaca, NY 14850 Applicant David Wexler 607-280-1443 wex209ithaca@gmail.com 209 Roat Street Ithaca, NY 14850 Internal Only-Review Tax Parcel No. 71.-5-1 Is Planning Dept. Approval Required? Yes Is Engineering Dept. Approval Required? Yes Is a GML-239 Review Required? No Type of Variance Area Variance Appearance Date for Variance 6/25/2024 ZBAA-24-10 about:srcdoc 1 of 9 5/23/2024, 11:44 AM Variance Code Language ZBAA-24-10 Appeal David and Donna Wexler, Owners of 209 Roat St., Ithaca NY, 14850; are seeking relief from a condi�on that was established on a previously approved area variance, which allowed for a reduced side yard setback for a garage. The previously approved area variance condi�on requires the garage be moved in the event the Town of Ithaca widens Blackstone Ave. (in the direc�on of the garage) and the garage interferes with the widening of the roadway, where the applicants are reques�ng to remove or amend the condi�on. The current property is located in the Medium Density Residen�al zone, Tax Parcel No. 71.-5-1. Variance Code Section condition Internal Tasks to be Completed Meeting Result (First Appearance) – Deadline for Hearing Notice to Journal 06/13/2024 Noon Public Hearing Notice Was Sent 06/13/2024 Neighbor Notiﬁcation Letters Were Sent 06/17/2024 Date Sign Was Picked-up 06/03/2024 Material Packets Sent to ZBA Members 06/17/2024 Historical Only Address aﬃliated with request Status Applicant's Information ZBAA-24-10 about:srcdoc 2 of 9 5/23/2024, 11:44 AM Applicant is* Property Owner Is the primary point of contact for application diﬀerent than the applicant?* No Description Brief Description of Variance Request* We are requesting that the Zoning Board of Appeals approve the modiﬁcation to the 1981 Variance that had approved the completion of our garage at 209 Roat Street. We have owned this house since August 1976. Area Variance Criteria Form 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?* No Reasons: The garage has existed since it was constructed in 1981. 2. Can the beneﬁt sought by the applicant be achieved by a feasible alternative to the variance?* No Reasons: The garage has existed since it was constructed in 1981. ZBAA-24-10 about:srcdoc 3 of 9 5/23/2024, 11:44 AM 3. Is the requested variance substantial?* No Reasons: 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No Reasons: 5. Is the alleged diﬃculty self-created?* No Reasons: Aﬃdavit ZBAA-24-10 about:srcdoc 4 of 9 5/23/2024, 11:44 AM The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By ﬁling this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staﬀ to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a ﬁrst-come ﬁrst-serve basis and that all documents ideally be submitted forty-ﬁve (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* David S Wexler May 2, 2024 Meeting Date 06/25/2024 PAYMENT INFORMATION After submission, Code Department Administration will review the application and materials provided. After review, and email with instructions for paying the fee online with credit card or E-check will be sent to the applicant. If it is preferred to pay by check, cash or money order: *Mail to Code Enforcement, Town Hall 215 N. Tioga St, Ithaca, NY 14850 *Drop oﬀ during business hours to Town Hall M-F 8-4 *Place in locked box next to the door on the Buﬀalo St side of Town Hall Attachments Wexler - Zoning Board of Appeal - Town of Ithaca - May 2024.pdf Uploaded by David Wexler on May 2, 2024 at 12:33 PM 209 Roat Street Variance Memo_DPW.pdf Uploaded by Joseph Slater on May 16, 2024 at 7:45 AM Narrative 209 Roat Street Variance Memo_DPW.pdf ZBAA-24-10 about:srcdoc 5 of 9 5/23/2024, 11:44 AM Published Hearing Notice ZBA 5.28.24 Meeting.pdf Uploaded by Lori Kofoid on May 21, 2024 at 9:39 AM Neighbor Comment Roat St Variance.pdf Uploaded by Lori Kofoid on May 23, 2024 at 11:40 AM History Date Activity 5/23/2024, 11:44:14 AM Lori Kofoid changed Material Packets Sent to ZBA Members from "05/21/2024" to "06/17/2024" on Record ZBAA-24-10 5/23/2024, 11:44:14 AM Lori Kofoid changed Date Sign Was Picked-up from "05/20/2024" to "06/03/2024" on Record ZBAA-24-10 5/23/2024, 11:44:14 AM Lori Kofoid changed Neighbor Notiﬁcation Letters Were Sent from "05/20/2024" to "06/17/2024" on Record ZBAA-24-10 5/23/2024, 11:44:14 AM Lori Kofoid changed Deadline for Hearing Notice to Journal from "5/16/24" to "06/13/2024 Noon" on Record ZBAA-24-10 5/23/2024, 11:44:14 AM Lori Kofoid changed Public Hearing Notice Was Sent from "05/15/2024" to "06/13/2024" on Record ZBAA-24-10 5/21/2024, 3:04:27 PM Lori Kofoid changed Appearance Date for Variance from "5/28/24" to "6/25/2024" on Record ZBAA-24-10 5/21/2024, 9:41:41 AM Lori Kofoid changed Material Packets Sent to ZBA Members from "05/20/2024" to "05/21/2024" on Record ZBAA-24-10 5/21/2024, 9:41:41 AM Lori Kofoid changed Date Sign Was Picked-up from "" to "05/20/2024" on Record ZBAA-24-10 5/16/2024, 7:46:33 AM approval step Notice Pick-up (You will be emailed again when ready) was assigned to Lori Kofoid on Record ZBAA-24-10 5/16/2024, 7:46:32 AM Joseph Slater altered approval step Public Works Approval (Department of Public Works), changed autoAssign from "" to "0" on Record ZBAA-24-10 5/16/2024, 7:46:32 AM Joseph Slater altered approval step Public Works Approval (Department of Public Works), changed publicCanRequest from "" to "0" on Record ZBAA-24-10 5/16/2024, 7:46:32 AM Joseph Slater approved approval step Public Works Approval (Department of Public Works) on Record ZBAA-24-10 Published Hearing Notice ZBA 5.28.24 Meeting.pdf Neighbor Comment Roat St Variance.pdf ZBAA-24-10 about:srcdoc 6 of 9 5/23/2024, 11:44 AM Town of Ithaca – Zoning Board of Appeals Re: Wexler – Modiﬁca>on of 1981 Variance May 2024 Summary We are reques,ng that the Zoning Board of Appeals approve the modiﬁca,on to the 1981 Variance that had approved the comple,on of our garage at 209 Roat Street. See aEached. We have owned this house since August 1976. Background In 1981, a building permit was requested from the Town of Ithaca to erect a 2-car garage on the side street of 209 Roat Street. The side-street, Blackstone Avenue, was/is a two-lane rural road that dead-ends at the Ithaca Country Club property line. The Town of Ithaca building inspector, reviewed the request and issued us a building permit. AQer the garage founda,on (footers, cinderblock walls) was completed, the Town representa,ve determined that he had not measured the buildings setback properly and requested from us, that we submit a variance for approval. The Town of Ithaca Zoning Board of Appeals met in October 1981, admiUng the Town’s error, and approved the comple,on of the garage with a qualiﬁer. That qualiﬁer states in the variance: “con,ngency that should the Town of Ithaca widen Blackstone Avenue in a direc,on toward said garage such that said garage interferes with the widening, then and only then said garage shall be moved” AQer 43 years • The garage is s,ll in the same loca,on as built • No modiﬁca,ons to the Blackstone Avenue road has taken place, other than two blacktop applica,ons • Roat Street and Blackstone Avenue roads from Hanshaw Road south to the dead-end has an asphalt top that is 20’ wide, the same as it was in 1981 • All u,li,es, with the excep,on of electricity, is buried, along with storm runoﬀ drains/manholes Reason for this request At the age of 75, it is a certainty that our house will be placed on the market to be sold, either by us, or our executor. Should a poten,al buyer note that the garage was built with a variance that could poten,ally require the garage to be moved, either the buyer would cancel the purchase contract or a ﬁnancial nego,a,on would transpire that would force lowering the purchase price substan,ally to reduce the buyer ’s ownership risk. • The garage was built in 1981 for $10,000. With the excep,on of the founda,on, all of the labor was performed by us • To remove the garage and build it in a new loca,on on the property could be es,mated to cost between $50,000-$60,000, or approximately 10% of its assessed value Request In our opinion, the Town could either: 1. Remove the words in the variance associated with the requirement that the garage be moved if the road is widened towards the direction of the garage, with some assurance from the Town that the Blackstone Avenue road would not be widened that would impact the functionality of the existing garage, and allowing the garage to remain permanently in its current location, or 2. Add words to the existing variance that the Town would have the responsibility to fully fund the removal and rebuild of an equivalent structure if the road is widened towards the direction of the existing garage and the garage interferes with the widening. That work is estimated to cost in today’s dollars of $50,000-$60,000, or 3. Fully fund in the very near-term, the removal and rebuild of an equivalent two-car garage structure on our property, with the location to be chosen by us, using our contractor. That work is estimated to cost in today’s dollars of $50,000-$60,000. Final comment We are not looking at obtaining any addi,onal beneﬁts from the Town of Ithaca, other than what we are righdully due, nor are we at this ,me, pursuing any exis,ng damages or future damages from the Town of Ithaca due to their failure in represen,ng the correct State and Town Codes that existed at the ,me in 1981. Our anxiety is real but we just want the Town of Ithaca to realize and oﬃcially own up to their mistake. David and Donna Wexler 209 Roat Street, Ithaca AKachment 1. Original 1981 Variance Zoning Board of Appeals 14 - October 21 , 1981 use by F & T Distributing Co . , at .1395 Mecklenburg Road , Town of Ithaca Tax Parcel No . 6 - 28 - 1 - 11 . 2 , as requested by Frank L . and Toni D . Prudence , Appellants , such further addition being needed for soundness of . the structure . By way of discussion , it was . noted for the record that the following letter was received from Mr . Frank R . Liguori , Commissioner of Planning , Tompkins County - Department of Planning , dated October 20 , 1981 . . RE : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law , CASE : Appeal for permit to expand a nonconforming facility by Frank L . and Toni D . Prudence at 1395 Mecklenburg Road State highway ) . This will acknowledge the receipt of the proposal for review under Section 239 -m . The proposal , as sumbitted , will have no significant deleterious impact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " There being no further discussion , the Vice - Chairman called for a . vote . Aye -. Austen , Reuning , Aron . Nay - None . The MOTION was declared to be carried unanimously . Vice - Chairman Austen declared the matter of the Appeal of Frank L . and Toni D . Prudence duly closed at 8 : 40 p . m . APPEAL OF DAVID WEXLER , . APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT TO CONSTRUCT . A GARAGE WITH A SIDE YARD DEFICIENT IN SIZE : AT 209 ROAT STREET , TAX PARCEL N0 , 6 - 71 - 5 - 1 , ITHACA , N . Y . PERMISSION . IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF . ITHACA ZONING ORDINANCE . Vice - Chairman Austen declared the Public Hearing in the above - noted matter duly opened at 8 : 40 p . m . Mr . Wexler appeared before the Board and noted that the Board members had each received a copy of his appeal with attachments , as follows : Having been denied permission to erect a garage at west side yard of property with side yard of . less than 15 feet in width at 209 Road Street . . . PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows :I was issued a building permit on August 14 , 1981 , to erect the garage as per plot plan attached ) . The building inspector issued the permit by mistake because of not taking into account the road right of way . After the foundation was started , I was notified by the inspector to submit this appeal to obtain permission for the garage .. Dated : September 16 , 1981 Sgd . ) David S . Wexler " Mr . Cartee stated that a building permit for the construction of this 20 ' x 24 ' garage by Mr . Wexler was issued erroneously by his office since the structure is located 13. ' from the edge of the blacktop . Mr . Cartee noted that Blackstone Avenue , the road alongside the garage , is a dead- end street to the south . Mr . Cartee stated that there are two neighbors , one 2. Requested Variance modiﬁca>on – 2024 Zoning Board of Appeals 14 - October 21 , 1981 use by F & T Distributing Co . , at .1395 Mecklenburg Road , Town of Ithaca Tax Parcel No . 6 - 28 - 1 - 11 . 2 , as requested by Frank L . and Toni D . Prudence , Appellants , such further addition being needed for soundness of . the structure . By way of discussion , it was . noted for the record that the following letter was received from Mr . Frank R . Liguori , Commissioner of Planning , Tompkins County - Department of Planning , dated October 20 , 1981 . . RE : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law , CASE : Appeal for permit to expand a nonconforming facility by Frank L . and Toni D . Prudence at 1395 Mecklenburg Road State highway ) . This will acknowledge the receipt of the proposal for review under Section 239 -m . The proposal , as sumbitted , will have no significant deleterious impact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " There being no further discussion , the Vice - Chairman called for a . vote . Aye -. Austen , Reuning , Aron . Nay - None . The MOTION was declared to be carried unanimously . Vice - Chairman Austen declared the matter of the Appeal of Frank L . and Toni D . Prudence duly closed at 8 : 40 p . m . APPEAL OF DAVID WEXLER , . APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT TO CONSTRUCT . A GARAGE WITH A SIDE YARD DEFICIENT IN SIZE : AT 209 ROAT STREET , TAX PARCEL N0 , 6 - 71 - 5 - 1 , ITHACA , N . Y . PERMISSION . IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF . ITHACA ZONING ORDINANCE . Vice - Chairman Austen declared the Public Hearing in the above - noted matter duly opened at 8 : 40 p . m . Mr . Wexler appeared before the Board and noted that the Board members had each received a copy of his appeal with attachments , as follows : Having been denied permission to erect a garage at west side yard of property with side yard of . less than 15 feet in width at 209 Road Street . . . PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows :I was issued a building permit on August 14 , 1981 , to erect the garage as per plot plan attached ) . The building inspector issued the permit by mistake because of not taking into account the road right of way . After the foundation was started , I was notified by the inspector to submit this appeal to obtain permission for the garage .. Dated : September 16 , 1981 Sgd . ) David S . Wexler " Mr . Cartee stated that a building permit for the construction of this 20 ' x 24 ' garage by Mr . Wexler was issued erroneously by his office since the structure is located 13. ' from the edge of the blacktop . Mr . Cartee noted that Blackstone Avenue , the road alongside the garage , is a dead- end street to the south . Mr . Cartee stated that there are two neighbors , one 1 Lori Kofoid From:gloriakulhawy@gmail.com Sent:Tuesday, June 25, 2024 11:27 AM To:Lori Kofoid Subject:RE: 209 Roat St Follow Up Flag:Follow up Flag Status:Flagged **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 To Town of Ithaca Zoning Appeals, Regarding 209 Roat St: I am in favor of the petition of the Wexlers. I believe they should not have to move their garage. I cannot imaging widening Blackstone Ave in this section o Hanshaw for any reason. It now has ample space for the 6 or 7 driveways that it accesses, and for two way traic to pass. If the owners of the Country Club property wish to develop the parcel and ﬁnd a way to put another road to exit to Hanshaw, I AM IN STRONG OPPOSITION. This is a very quiet residential area and I would like to see it remain so. I live at 113 Orchard Street and have been here since 1978. Sincerely, Gloria Kulhawy From: Lori Kofoid <LKofoid@townithacany.gov> Sent: Wednesday, May 29, 2024 10:42 AM To: gloriakulhawy@gmail.com Subject: 209 Roat St Hi Gloria, It was a pleasure speaking with you this morning. Attached is the packet of information for this variance request that will be heard June 25th at 6pm. The information of course, is to date and other items may be added. Again, any comments you would like to make part of the record can just be emailed to me at this address. I will ensure that it is made part of the record. Thanks, Lori Lori Kofoid Administrative Assistant Code Enforcement & Zoning Dept. Town of Ithaca 215 N. Tioga St Ithaca, NY 14850 607.273.1783 2 TOWN OF ITHACA NEWYORK DEPARTMENT OF PUBLIC WORKS 114 Seven Mile Drive,Ithaca,NY 14850 Phone:607-273-1656 Fax:607-882-2472 Roads,Parks,Trails,Sewer,and Water w.town.ithaca.ny.us To:Town of Ithaca Zoning Board Re:209 Roat Street —Variance Request Dear Zoning Board, I am writing to you regarding an application that was submitted on May 2’,2024,requesting an exception made from variance that was granted in October of 1981. Blackstone Avenue is a Town of Ithaca Road owned in fee and the variance granted allowed an encroachment onto this road and within an area of town owned utility infrastructure.As in other areas of the community,there are always requests for wider streets and pedestrian facilities and this area is no different.Although there are no current plans to widen the road or install sidewalks,there is always the possibility that they will be requested by a majority of the residents in the area as time goes on.I would advise this board to keep the current variance in place in the event that road widening and/or sidewalk installation were to occur in the future. Respectfull Joseph Slater Town of Ithaca -Director of Public Works 114 Seven Mile Drive Ithaca,NY 14850 3. Google Map of 209 Roat Street house, neighborhood proper>es and roads 4. Photo of Blackstone Avenue at Roat and Blackstone intersec>on looking north towards Hanshaw Road 5. Photo of Roat Street at Roat and Blackstone intersec>on looking east towards Warren Road 6. Photo of Roat Street at Roat and Blackstone intersec>on looking west 7. Photo of Blackstone Avenue at Roat and Blackstone intersec>on looking south towards golf course. Garage at 209 Roat Street is on the leZ. 8. Photo of 209 Roat Street – Roat Street side of property 9. Photo of 209 Roat Street – Blackstone Avenue side of property 10. Photo on Blackstone Avenue side looking towards Hanshaw Road Town of Ithaca 6/12/2024 ZBAA-24-11 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 5/8/2024 Primary Location 232 Troy Rd Unit Anne Weber & Matthew Bollinger Ithaca, NY 14850 Owner Anne Weber & Matthew Bollinger 232 Troy Rd Ithaca, NY 14850 Applicant Matthew Bollinger 816-885-6325 bollingermatt@gmail.com 232 Troy Road Ithaca, NY 14850 Internal Only-Review Tax Parcel No. 45.-2-11 Is Planning Dept. Approval Required? No Is Engineering Dept. Approval Required? No Is a GML-239 Review Required? Yes GML-239 Reason for Review* The right of way of any existing or proposed county or state road Type of Variance Area Variance Appearance Date for Variance 6/25/2024 ZBAA-24-11 about:srcdoc 1 of 9 6/12/2024, 2:41 PM Variance Code Language ZBAA-24-11 Appeal of Ma�hew Bollinger and Ann Weber, owners of 232 Troy Road, Ithaca, NY, 14850; are seeking relief from Town of Ithaca Code sec�on 270-56C (Permi�ed accessory buildings and uses) to allow for a maximum aggregate footprint of all accessory buildings to exceed 600 sq.�., due to the lot only being 1.9 acres. The current property is located in the Low-Density Residen�al Zone, Tax Parcel No. 45.-2-11 Variance Code Section 270-56C Internal Tasks to be Completed Meeting Result (First Appearance) – Materials For GML-239 Were Sent 05/29/2024 Deadline for Hearing Notice to Journal 6/13/24 noon Public Hearing Notice Was Sent 06/12/2024 Neighbor Notiﬁcation Letters Were Sent 06/17/2024 Date Sign Was Picked-up 05/25/2024 Material Packets Sent to ZBA Members 06/17/2024 Historical Only Address aﬃliated with request Status ZBAA-24-11 about:srcdoc 2 of 9 6/12/2024, 2:41 PM Applicant's Information Applicant is* Property Owner Is the primary point of contact for application diﬀerent than the applicant?* No Description Brief Description of Variance Request* I am applying for a variance to build a workshop (1000 sq/ft, 20 x 50 feet, 20 feet high) behind our home at 232 Troy Road. Currently there is a small shed (155 sq/ft) on the property. The barn will have board and batten siding and a simple design appropriate to compliment the age and character of our 1840s farmhouse. It would not encroach on any of the edges of the property and would be sufficiently far from the small creek on our land to satisfy the existing code. Because the workshop exceeds the maximum size allowed in the zoning code, we are applying for this variance. Area Variance Criteria Form 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?* No Reasons: The barn will not be visible from any of the neighboring properties. Many other homes along Troy Road have workshops, barns, and large detached garages behind their houses. This project will be entirely in keeping with the precidents along our road. ZBAA-24-11 about:srcdoc 3 of 9 6/12/2024, 2:38 PM 2. Can the beneﬁt sought by the applicant be achieved by a feasible alternative to the variance?* No Reasons: I will use this barn as a year round workshop. The space I need to work isn't available within the house or attached garage. 3. Is the requested variance substantial?* No Reasons: Although the new building will exceed the size allowed by code, it will not do so substantially. It will also satisfy all other requirements of the code aside from size. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No Reasons: We would like the building to integrate as well as possible into the site. 5. Is the alleged diﬃculty self-created?* Yes ZBAA-24-11 about:srcdoc 4 of 9 6/12/2024, 2:38 PM Reasons: We are choosing to build this barn because it aligns with our goals of reducing our commutes and being closer to family. Aﬃdavit The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By ﬁling this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staﬀ to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a ﬁrst-come ﬁrst-serve basis and that all documents ideally be submitted forty-ﬁve (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* Matthew L Bollinger May 8, 2024 Meeting Date 06/04/2024 PAYMENT INFORMATION After submission, Code Department Administration will review the application and materials provided. After review, and email with instructions for paying the fee online with credit card or E-check will be sent to the applicant. If it is preferred to pay by check, cash or money order: *Mail to Code Enforcement, Town Hall 215 N. Tioga St, Ithaca, NY 14850 *Drop oﬀ during business hours to Town Hall M-F 8-4 *Place in locked box next to the door on the Buﬀalo St side of Town Hall Attachments ZBAA-24-11 about:srcdoc 5 of 9 6/12/2024, 2:38 PM Email Denial 232 Troy Road.pdf Uploaded by Dana Magnuson on May 29, 2024 at 3:28 PM 2 Versions BollingerVariance Narrative.pdf Uploaded by Matthew Bollinger on May 8, 2024 at 9:57 AM Bollinger Studio Combined Design.pdf Uploaded by Matthew Bollinger on May 8, 2024 at 10:53 AM Insp. Report.pdf Uploaded by Marty Moseley on Jun 12, 2024 at 6:42 AM 232 Troy.PNG Uploaded by Marty Moseley on Jun 12, 2024 at 6:49 AM History Date Activity 6/12/2024, 2:38:09 PM Lori Kofoid changed Date Sign Was Picked-up from "" to "05/25/2024" on Record ZBAA-24-11 6/12/2024, 2:38:09 PM Lori Kofoid changed Materials For GML-239 Were Sent from "" to "05/29/2024" on Record ZBAA-24-11 6/12/2024, 2:36:09 PM Lori Kofoid assigned inspection step Zoning Board of Appeals Meeting to Lori Kofoid on Record ZBAA-24-11 6/12/2024, 8:29:42 AM Lori Kofoid approved approval step Notice Pick-up (You will be emailed again when ready) on Record ZBAA-24-11 6/12/2024, 6:42:15 AM Marty Moseley altered inspection step Review - Code Enforcement/ Zoning Dept., changed status from Active to Complete on Record ZBAA-24-11 6/12/2024, 6:40:57 AM Marty Moseley changed Variance Code Section from "" to "270-56C" on Record ZBAA-24-11 Determination/Denial Letter Narrative Survey and/or Plans Insp. Report.pdf 232 Troy. stream.PNG ZBAA-24-11 about:srcdoc 6 of 9 6/12/2024, 2:38 PM 1 Dana Magnuson From:Dana Magnuson Sent:Monday, May 6, 2024 4:26 PM To:Matt Bollinger Subject:RE: Workshop Project/232 Troy Road Hi Matt, Yes, this email can be used as a denial for the ZBA application. Unfortunately, the Town doesn’t recommend (or not recommend) contractors to constituents. 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 From: Matt Bollinger <bollingermatt@gmail.com> Sent: Sunday, May 5, 2024 9:23 AM To: Dana Magnuson <DMagnuson@townithacany.gov> Subject: Re: Workshop Project/232 Troy Road Hi Dana, Thanks for this detailed email. I have two follow up questions at the moment. Looking at the variance application I saw this disclaimer: You must have applied for a building, sign, or other required permit and received a determination/denial from Code Enforcement Staff or a referral from the Town of Ithaca Planning Board prior to submitting this application form. 1. Does your email above constitute a referral or do I need to apply for a building permit, knowing it will be denied? 2. I've been looking for an excavation company to do the site prep for our barn. I've only heard back from one company, who is too busy but they recommended that I reach out to the town office to see if you have any recommendations. Are there any people or companies you might recommend? It's been really difficult to get anyone to return my calls. Thank you! Best wishes, Matt On Fri, May 3, 2024 at 2:35 PM Dana Magnuson <DMagnuson@townithacany.gov> wrote: 2 The Town of Ithaca has changed domains from @town.ithaca.ny.us to @townithacany.gov. Please send any future correspondence to the new domain @townithacany.gov. Thank you Any questions please contact clerks@townithacany.gov Hi Matt, Thank you for reaching out regarding your proposed pole barn. 232 Troy Rd. is a 1.96 acre parcel and located in a Low Density Residential zone. Below is the link for Ithaca Town Law Article VIII Low Density Residential Zones; https://ecode360.com/8661811#8661811 Specifically, § 270-56Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in a Low Density Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of § 270-227. B. Where the principal use is as a one- or two-family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. 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 a 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] § 270-59Height limitations. [Amended 8-1-2005 by L.L. No. 7-2005; 12-11-2017 by L.L. No. 20-2017; 3-13-2023 by L.L. No. 7-2023] Except as may be specifically otherwise authorized in this chapter, in Low Density Residential Zones no building shall be erected, altered, or extended to exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. A building occupied by a detached accessory dwelling unit shall not exceed one story and 20 feet in height, except buildings constructed prior to the effective date of Local Law No. 20 of the Year 2017 may exceed these two parameters as long as the building height is not subsequently increased beyond that existing on the effective date of said local law. Other accessory buildings shall not exceed 20 feet in height. The foregoing height limitations shall not apply to buildings and structures used for agricultural purposes on lands the principal use of which is as a farm and which are located within a county agricultural district created under the provisions of Article 25-AA of the New 3 York State Agriculture and Markets Law. Such agricultural buildings and structures so located may be constructed without limitations as to heights. Regarding setbacks and Buildable Area; § 270-60Yard regulations. 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 50 feet from any side lot line, and be at least 35 feet from a rear lot line. (2) All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection G below) may not occupy any open space other than a rear yard. (3) Accessory buildings (including garages, woodsheds, and buildings occupied by a detached accessory dwelling unit), in the aggregate, may occupy not more than 15% of the fifty-foot rear yard setback required by Subsection B above. (4) Accessory buildings (except for garages and buildings occupied by a detached accessory dwelling unit) shall be not less than three feet from any side or rear lot line. Any accessory building, other than a garage or a building occupied by a detached accessory dwelling unit, on a corner lot shall be not less than five feet from the rear lot line. 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) 4 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. G. Woodsheds: A woodshed which has no more than 100 square feet in floor area and the highest point of which is no more than 10 feet above ground level may occupy a side yard, provided that the total storage space of all woodsheds in a side yard shall not be more than 1,000 cubic feet. A woodshed in a side yard shall be not less than three feet from any side lot line. [Added 8-13-2012 by L.L. No. 11-2012] H. Swimming pools: Private swimming pools allowed for one- or two-family dwellings per § 270-56B may not be located in a front yard, and must be at least 15 feet from any side lot line or rear lot line, as measured from the edge of the pool structure. [Added 4-11-2022 by L.L. No. 6-2022] § 270-61Building area. The maximum building area shall not exceed 10% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. Below is the Town link for a Zoning Board of Appeals (area variance) application; https://ithacany.portal.opengov.com/categories/1084/record-types/6461 Please let me know if you have any further questions. Thank you, Dana Magnuson Senior Code Enforcement/Electrical Town of Ithaca 215 N.Tioga St. Zoning Board of Appeals Application 5.7.24 I am applying for a variance to build a workshop (1000 sq/ft,20 x 50 feet,20 feet high)behind our home at 232 Troy Road.Currently there is a small shed (155 sq/ft)on the property.The barn will hav board and batten siding and a simple design appropriate to compliment the age and character of our 1840s farmhouse.It would not encroach on any of the edges of the property and would be sufficiently far from the small creek on our land to satisfy the existing code. Because the workshop exceeds the maximum size allowed in the zoning code,we are applying for this variance. 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. June 17, 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 workshop located at 232 Troy Road, Tax Parcel #45.-2-11, Matthew Bolinger & Anne Weber, Owners and Applicants. 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 Click the Link to see in 3d! https://postframesolver.azurewebsites.net/Framer/Viewer?key=F30KZXA047DLS27LGTZV2H3ORP5BZY9F Scan QR with your Phone Camera Summary Width 20' Length 50' Ceiling Height 12' Slab Depth 0'4" Overhangs 1' Roof Pitch 8.5 /12 JobInformation Project Name Matt Bollinger Company Name Premier Metal Supply Contact Email Phone Delivery Address ZIP code {ZipCode} Comments Post Layout Job: Matt Bollinger Date: 5/8/2024 Time: 10:39 AM P1P1P1P1P1P1P1 72"Double Sliding Door P1 P1P1P1P1P1P1 Custom Window 3'w x 3'h Custom Window 3'w x 3'h Custom Window 3'w x 3'h Custom Window 3'w x 3'h Custom Walkdoor 3'w x 7'4"h Custom Window 3'w x 3'h Custom Window 3'w x 3'h Custom Window 3'w x 3'h Custom Window 3'w x 3'h Custom Window 3'w x 3'h Custom Window 3'w x 3'h P1 Cu s t o m Wi n d o w 3' w x 3' h 5' 8 1/4"6' 4 1/2"7' 9 3/4" 53' 6 5/1 6 " 19' 10 1/2"10'10'9' 10 1/2" 9' 1 0 1 / 2 " 9' 1 0 1 / 2 " 9' 10 1/2"10'10'10'9' 10 1/2" 9' 1 0 1 / 2 " 9' 1 0 1 / 2 " 49' 9" 19 ' 9 " 49' 9" 19 ' 9 " 80 # Bag Of Sackrete P1 1' 4"x4' Hole Depth Cookie 15" Precast Concrete 3 Ply 2x6 Lam. Post Left Elevation Job: Matt Bollinger Date: 5/8/2024 Time: 10:39 AM 72" Double Sliding Door Front Elevation Job: Matt Bollinger Date: 5/8/2024 Time: 10:39 AM 8.5/128.5/12 12 ' 1 5 / 1 6 " 7' 9 1 / 2 " 12 ' 1 5 / 1 6 " 7' 9 1 / 2 " Right Elevation Job: Matt Bollinger Date: 5/8/2024 Time: 10:39 AM Custom Walkdoor 3'w x 7' 4"h Custom Window 3'w x 3'hCustom Window 3'w x 3'h Custom Window 3'w x 3'hCustom Window 3'w x 3'h Custom Window 3'w x 3'hCustom Window 3'w x 3'h Custom Window 3'w x 3'h Custom Window 3'w x 3'hCustom Window 3'w x 3'h Custom Window 3'w x 3'h Back Elevation Job: Matt Bollinger Date: 5/8/2024 Time: 10:39 AM 8.5/12 8.5/12 Custom Window 3'w x 3'h 12 ' 1 5 / 1 6 " 7' 9 1 / 2 " 12 ' 1 5 / 1 6 " 7' 9 1 / 2 " Cross Section - EXT-1 Job: Matt Bollinger Date: 5/8/2024 Time: 10:39 AM ROOF MATERIAL: Black 36"- AG Panel PURLINS: 2x6 SPF Flat SUBFASCIA: 2x6 SPF FASCIA: Fascia/Post Trim 5 1/2" SOFFIT: Ag Rib Soffit WALL MATERIAL: Bright White 8" Rough Sawn Lumber with Battons TOP OF WALL: Overhang Trim EXTERIOR CARRIER: SYP 2x10 EXTERIOR WALL GIRTS: 2x4 SPF CORNER POSTS: 3 Ply 2x6 Lam. Post INTERMEDIATE POSTS: 3 Ply 2x6 Lam. Post EXTERIOR SKIRT BOARD: Treated 2x8 BOTTOM IS AT GRADE SIDING BEGINS 0' 6" ABOVE GRADE 1' 4" 0' 4 " 1' 6 1 / 2 " 2' 2' 2' 2' 2' 2 1 / 4 " 12 ' 12 ' 4 " 4' 11 ' 1 1 / 1 6 " 8.5/12 TRUSS SYSTEM HEEL HEIGHT: 0' 4" TRUSS SPACING: 48 IN. O. C. BRACE PER TRUSS MANUFACTURER'S RECOMMENDATIONS TRUSS LOADING: (none) INTERIOR CARRIER: SYP 2x10 SLAB DEPTH 0' 4" FOUNDATION NOTES: POST HOLE: 4' X 1' 4" DIAMETER FASTENER: 80 # Bag Of Sackrete BASE: 15" Precast Concrete Cookie UPLIFT: (none) Cross Section - EXT-3 Job: Matt Bollinger Date: 5/8/2024 Time: 10:39 AM ROOF MATERIAL: Black 36"- AG Panel PURLINS: 2x6 SPF Flat SUBFASCIA: 2x6 SPF FASCIA: Fascia/Post Trim 5 1/2" SOFFIT: Ag Rib Soffit WALL MATERIAL: Bright White 8" Rough Sawn Lumber with Battons TOP OF WALL: Overhang Trim EXTERIOR CARRIER: SYP 2x10 EXTERIOR WALL GIRTS: 2x4 SPF CORNER POSTS: 3 Ply 2x6 Lam. Post INTERMEDIATE POSTS: 3 Ply 2x6 Lam. Post EXTERIOR SKIRT BOARD: Treated 2x8 BOTTOM IS AT GRADE SIDING BEGINS 0' 6" ABOVE GRADE 1' 4" 0' 4 " 1' 6 1 / 2 " 2' 2' 2' 2' 2' 2 1 / 4 " 12 ' 12 ' 4 " 4' 11 ' 1 1 / 1 6 " 8.5/12 TRUSS SYSTEM HEEL HEIGHT: 0' 4" TRUSS SPACING: 48 IN. O. C. BRACE PER TRUSS MANUFACTURER'S RECOMMENDATIONS TRUSS LOADING: (none) INTERIOR CARRIER: SYP 2x10 SLAB DEPTH 0' 4" FOUNDATION NOTES: POST HOLE: 4' X 1' 4" DIAMETER FASTENER: 80 # Bag Of Sackrete BASE: 15" Precast Concrete Cookie UPLIFT: (none) TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.townithacany.gov ___________________________________ Zoning Board of Appeals Phone (607) 273-1783 codes@townithacany.gov The purpose of this letter is to provide a formal notification to Susan Eslinger, of the result from the Zoning Board of Appeals meeting regarding your variance(s) request. If the variance(s) were granted, you may use this letter to proceed with the Building Permit and/or Planning Board process. Once the meeting minutes are finalized, you will receive notification and receive a copy via email. Property Address: 20 Dove Dr Tax Parcel(s): 61.-1-8.42 Property Owner(s): Roger & Sue Eslinger Meeting Date:June 25, 2024 Type of Variance: Area Variance Result: Granted Conditions: Firefox https://ithacany.workflow.opengov.com/ 1 of 1 6/26/2024, 3:25 PM Town of Ithaca 6/12/2024 ZBAA-24-13 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 5/10/2024 Primary Location 20 Dove Dr Unit Roger & Sue Eslinger Ithaca, NY 14850 Owner Roger & Sue Eslinger Dove Dr 20 Ithaca, NY 14850 Applicant Susan Eslinger 607-227-0273 nayafonz2@yahoo.com 20 Dove Drive Ithaca, NY 14850 Internal Only-Review Tax Parcel No. 61.-1-8.42 Is Planning Dept. Approval Required? Yes Is Engineering Dept. Approval Required? Yes Is a GML-239 Review Required? Yes GML-239 Reason for Review* A municipal boundary Type of Variance Area Variance Appearance Date for Variance 06/25/2024 ZBAA-24-13 about:srcdoc 1 of 9 6/12/2024, 3:04 PM Variance Code Language ZBAA-24-13 Appeal of Roger and Susan Eslinger, owners of 20 Dove Dr., Ithaca, NY, 14850; are seeking relief from Town of Ithaca Code sec�on 270-71E(2)(Yard regula�ons) to allow for an accessory building to be placed in the side yard, where an accessory building is only allowed to occupy a rear yard. The current property is located in the Medium-Density Residen�al Zone, Tax Parcel No. 61.-1-8.42 Variance Code Section 270-71E(2) Internal Tasks to be Completed Meeting Result (First Appearance) – Materials For GML-239 Were Sent 05/29/2024 Deadline for Hearing Notice to Journal 06/13/2024 Noon Public Hearing Notice Was Sent 06/12/2024 Neighbor Notiﬁcation Letters Were Sent 06/17/2024 Date Sign Was Picked-up 05/27/2024 Material Packets Sent to ZBA Members 06/17/2024 Historical Only Address aﬃliated with request Status ZBAA-24-13 about:srcdoc 2 of 9 6/12/2024, 3:04 PM Applicant's Information Applicant is* Property Owner Is the primary point of contact for application diﬀerent than the applicant?* No Description Brief Description of Variance Request* Variance for side yard shed that has been here since 2003 Area Variance Criteria Form 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?* No Reasons: No complaints since 2003 2. Can the beneﬁt sought by the applicant be achieved by a feasible alternative to the variance?* No ZBAA-24-13 about:srcdoc 3 of 9 6/12/2024, 3:04 PM Reasons: There is no place for this shed. Sloping back yard, pond behind shed, very wet backyard, trees and shrubs replaced ash trees, gardens in the backyard. 3. Is the requested variance substantial?* No Reasons: The shed has been there uncontested since 2003. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No Reasons: No one has been objecting. It could be detrimental to have to move the shed 5. Is the alleged diﬃculty self-created?* Yes Reasons: We put the shed in the ony place it could go. Aﬃdavit ZBAA-24-13 about:srcdoc 4 of 9 6/12/2024, 3:04 PM The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By ﬁling this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staﬀ to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a ﬁrst-come ﬁrst-serve basis and that all documents ideally be submitted forty-ﬁve (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* Susan Eslinger May 10, 2024 Meeting Date 06/25/2024 PAYMENT INFORMATION After submission, Code Department Administration will review the application and materials provided. After review, and email with instructions for paying the fee online with credit card or E-check will be sent to the applicant. If it is preferred to pay by check, cash or money order: *Mail to Code Enforcement, Town Hall 215 N. Tioga St, Ithaca, NY 14850 *Drop oﬀ during business hours to Town Hall M-F 8-4 *Place in locked box next to the door on the Buﬀalo St side of Town Hall Attachments 20 Dove Dr Pictures ZBA.pdf Uploaded by Lori Kofoid on May 14, 2024 at 10:25 AM 20 Dove Dr. Map.PNG Uploaded by Marty Moseley on Jun 12, 2024 at 6:57 AM 20 Dove Dr Pictures ZBA.pdf 20 Dove Dr. Map.PNG Insp. Report.pdf ZBAA-24-13 about:srcdoc 5 of 9 6/12/2024, 3:04 PM Pre-Permit Site Inspection Complete Completed Due Date Add Help This on-site inspection is conducted prior to a building permit being issued Inspection Types BLD-Pre Permit Site Inspection PASS Add Type Assignee Marty Moseley Scheduled Requested Past 1 Inspector Marty Moseley View Inspection Report BLD-Pre Permit Site Inspection PASS Overall Comment Inspection was a pre inspection for a roof that is to be removed ad replaced. No one was present during the inspection. Shed was installed in the side yard of the property, facing east. Shed are only allowed to be placed int eh rear yard. There appears to be no record of an area variance that has been applied for and granted for this property, with respect to having a shed in the side yard. Condition is to be made on the building permit that the owner needs to apply for an area variance, prior to a certiﬁcate being issued. IMG_0161.jpeg IMG_0160.jpeg Tuesday, May 7 20 Dove Dr, Unit Roger & Sue Eslinger, Ithaca, NY 14850 Requested May 7, 2024 at 7:58 am Completed This appointment was completed. Find results below. 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. June 17, 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 shed located at 20 Dove Drive, Tax Parcel #61.-1-8.42, Sue & Roger Eslinger, Owners and Applicants. 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 Picture 1 Picture 2 Picture 3 Picture 4 Picture 5 Picture 6 Picture 7 Picture 8 Picture 9 1 Lori Kofoid From:Roberta Sibley <robertainez54@gmail.com> Sent:Wednesday, June 5, 2024 6:32 PM To:Lori Kofoid Subject:20 Dove Drive Variance **WARNING** This email comes from an outside source. Please verify the from address, any URL links, and/or aachments. Any quesons please contact the IT department Dear Ms Kofoid, We have been neighbors of Roger & Sue Eslinger (20 Dove Drive)for the past 13 years. We are totally in support of giving them a variance for their shed. Anyone who took a walk around Dove Drive could see that their yard is the nicest & most interesng on the block. Their home and shed are carefully maintained and add great beauty to Dove Drive, in addion to aracng birds & insects. We walk our dog past their house 2-3 mes a day, so we see the yards & homes here on a daily basis. If the zoning department does not grant them a variance, they will have to move the shed, which will destroy years of careful & loving landscaping. We are not sure how this suddenly became an issue, but tearing up their yard is certainly not going to do anything for the neighborhood & create work for them. Gardens take me, labor and love to create. Please do not destroy the yard at 20 Dove. The shed is sweetly tucked in. It would be idioc wreak havoc with this place. Sincerely, Roberta & David Sibley 2 Dove Drive 1 Lori Kofoid From:Diana Sinton <dianasinton@gmail.com> Sent:Friday, June 7, 2024 11:45 AM To:Lori Kofoid Subject:variance for the Eslingers at 20 Dove Drive **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 Dear Lori, We've been residents at 12 Dove Drive for many years. We have long appreciated how the Eslingers (at 20 Dove Drive) have maintained an attractive and interesting yard, and we've certainly never been off-put by the aesthetics of the shed that's situated in their front/side yard. It's well incorporated into their overall landscaping. In fact, we have other Dove Dr neighbors who have wanted to place a shed in a comparable location in their yard, and their not being allowed to do so has meant another unnecessary inconvenience in its placement. We'd encourage and support the variance for the Eslingers. For our particular neighborhood, where many yards are relatively large, there are slopes and hills in many yards, and drainage is poor, being flexible about this is valuable. Diana Sinton (12 Dove Drive) 1 Lori Kofoid From:Marianne Varn <mdouganvarn@gmail.com> Sent:Thursday, June 6, 2024 11:35 AM To:Lori Kofoid Subject:20 Dove Dr **WARNING** This email comes from an outside source. Please verify the from address, any URL links, and/or aachments. Any quesons please contact the IT department Hello Lori, I am contacng you in regards to Sue and Roger Eslinger’s home, at 20 Dove Dr, Ithaca, NY. Apparently they are having an issue regarding the locaon of their shed. I also live on Dove Dr and go by their house daily. Their shed is aracve and extremely well maintained. As a maer of fact, it looks like an extension of their home.(Calling it a shed is kind of an exaggeraon!). I strongly support a variance that would allow them to leave their shed in its current locaon. Thank you for your consideraon. Sincerely, Marianne Dougan Varn 38 Dove Drive Ithaca, NY 1 Lori Kofoid From:Naomi Wilensky <naomiwilensky@gmail.com> Sent:Thursday, June 6, 2024 1:16 PM To:Lori Kofoid Subject:zoning variance **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 I am writing to support a zone variance for 20 Dove Drive, home of Sue and Roger Eslinger. The shed at this property has been there since 2003 and has never been a nuisance or an eyesore! As neighbors with a dog, we walk by this property several times a day and have no issues with it whatsoever. I hope a variance will be granted. Thank you, Naomi Wilensky 1 Pheasant Lane, Ithaca 607-280-6781 1 Lori Kofoid From:Joyce Billing <joycebilling@gmail.com> Sent:Wednesday, June 5, 2024 6:13 PM To:Lori Kofoid Subject:Hearing concerning Roger & Susan Eslinger’s shed on June 26th **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 Hi Lori, Hope you are well. I think you might remember me from our time at Lifelong. I am writing in support of a variance for the shed on Susan and Rodger Eslinger’s home. I have lived on Pheasant Lane since 1991. Pheasant Lane is parallel to the section of Dove Drive where the Eslingers live. In fact my kitchen window looks out onto Hungerford Heights Park and offers a clear view of the Eslinger’s front yard house and shed. It has been never been in disarray and always decorated for the season, and actually enhances the property. Please grant the variance. Joyce Billing 6 Pheasant Ln, Ithaca, NY 14850 1 Lori Kofoid From:Miner, Todd <TODD.MINER@CUANSCHUTZ.EDU> Sent:Friday, June 7, 2024 9:52 AM To:Lori Kofoid Cc:iandolimary@gmail.com Subject:Variance Request for shed at 20 Dove Dr. **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 Dear Ms. Kofoid, We are writing as a neighbor of Sue & Roger Eslinger. We fully support their variance request regarding their shed at 20 Dove Drive. It has been there more than 20 years and we have always found it to be a handsome addition to the neighborhood. Feel free to reach out if you have any questions or more/different comments would help. Sincerely, Todd Miner & Mary Iandoli 35 Dove Dr. Ithaca, NY 14850 1 Lori Kofoid From:MaryPaul Kirkpatrick <mkirk7@earthlink.net> Sent:Wednesday, June 12, 2024 4:58 PM To:Lori Kofoid Subject:Variance approval for 20 Dove Drive Follow Up Flag:Follow up Flag Status:Flagged Dear Ms. Kofoid, I am a long-me neighbor of Roger and Sue Eslinger at 20 Dove Drive, who have applied for a variance to keep their garden shed as it is. I have always admired the appearance of their property, both house and garden, and when the shed appeared, it seemed to ﬁt perfectly into the space. The aracve walkway between it and the house gives access to both front and back and with ample room for planngs. I wholeheartedly approve the variance. In my opinion, to deny it would not be a beneﬁt to anyone. Sincerely, MaryPaul Kirkpatrick 14 Dove Drive 1 Lori Kofoid From:MaryPaul Kirkpatrick <mkirk7@earthlink.net> Sent:Wednesday, June 12, 2024 5:04 PM To:Lori Kofoid Subject:Re: Variance support for 20 Dove Drive Follow Up Flag:Follow up Flag Status:Flagged Pardon me for following on so quickly. I just realized that the word called for seemed to be "support" -- so here is my leer calling for that! Thanks for reading, MPK Dear Ms. Kofoid, I am a long-me neighbor of Roger and Sue Eslinger at 20 Dove Drive, who have applied for a variance to keep their garden shed as it is. I have always admired the appearance of their property, both house and garden, and when the shed appeared, it seemed to ﬁt perfectly into the space. The aracve walkway between it and the house gives access to both front and back and with ample room for planngs. I wholeheartedly support the variance. In my opinion, to deny it would not be a beneﬁt to anyone. Sincerely, MaryPaul Kirkpatrick 14 Dove Drive 1 Lori Kofoid From:Margaret Nichols <mbnichols1@gmail.com> Sent:Thursday, June 13, 2024 7:51 AM To:Lori Kofoid Subject:Eslinger variance request **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 Ms. Kofoid, I am writing in support of the variance requested by Sue and Roger Eslinger for their 20-year-old shed to remain in its current location. I have been a down-the-street neighbor of the Eslingers for about as long as their shed has been in place, and it is so much a part of the overall ambiance of their home / yard I can't imagine it *not* being right where it is. As one of the many regular walkers around Dove Drive, I have over the years seen the care Sue and Roger have put into their property, working very hard to create a beautiful, park-like setting that enhances the entire neighborhood. Being the kind of people who always try to do the right thing, it must have come as a terrible shock to them to suddenly be told out of the blue that their shed has "not been in compliance" all these years. It would be a very big deal for the shed to have to be moved after all this time--both the physical move and the upset to the entire vision for, and use of, the Eslingers' property. If it is strictly a matter of their not having been advised about the "proper" location for the shed when it was installed and it has been there all this time without issue, it would seem to me that unless there is some sort of hazard created by the shed's current placement, requiring that it be moved now for any other reason would be creating a problem where one does not exist. Respectfully, Margaret Nichols 1 Lori Kofoid From:Tal Oron Cohen <talorco@gmail.com> Sent:Thursday, June 13, 2024 1:23 PM To:Lori Kofoid Subject:20 dove Drive -Sue and Roger **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 Dear Lori, I am writing in support of Sue and Roger our fantastic neighbors at 20 Dove Drive. I was saddened and disappointed to hear that after 20 years, they were told they have to move their shed. Not only does the shed not disrupt the neighborhood, but it brings so much joy to them. Seeing them daily go in and get things to make their house better and yard prettier, is what owning a house in retirement is all about. Roger and Sue are my go-to people before I do anything. They respect rules and regulations, do everything above board and they deserve to keep on enjoying their house and not be put under this kind of stress. We are very lucky to have them on our street, and I cannot understand why a 20 year standing shed needs to bring them stress and anguish, instead of having them enjoy the summer and their beautiful, well maintained house. If I can do anything to help put this behind them, please let me know. Sincerely Tal Oron Cohen 24 Dove Dr, Ithaca, NY 14850 1 Lori Kofoid From:Jill H. Powell <jhp1@cornell.edu> Sent:Friday, June 7, 2024 2:35 PM To:Lori Kofoid Subject:FW: Zoning variance help **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 Lori, I’m writing to express strong support for the variance needed by the Eslingers for their shed. I love looking at it as I walk around the block, it is one of the most tastefully built sheds I’ve seen. Please approve their variance. Best, Jill Powell Jill H. Powell, Engineering Librarian 103E Carpenter Hall Cornell University Ithaca, NY 14853 Jhp1@cornell.edu From: 'Sue Eslinger' via Dove Drive <dove-drive@googlegroups.com> Date: Wednesday, June 5, 2024 at 4:48 PM To: Dove Drive Neighbors <dove-drive@googlegroups.com>, MaryPaul Kirkpatrick <mkirk7@earthlink.net> Subject: Zoning variance help Hi again neighbors! Several of you have already asked what you can do to help. I asked Lori Kofoid who is the Administrative Assistant in the Code Enforcement and Zoning Department what would help. "Encourage your neighbors to send emails to me stating their feelings and thoughts and that they support the variance. I will then include them in the record of the meeting." Lori has been extremely helpful in this processs. Her email is: LKofoid@townithacany.gov Thank you all so much! Sue and Roger Eslinger. 20 Dove Drive -- You received this message because you are subscribed to the Google Groups "Dove Drive" group. To unsubscribe from this group and stop receiving emails from it, send an email to dove- drive+unsubscribe@googlegroups.com. To view this discussion on the web visit https://groups.google.com/d/msgid/dove-drive/907fcdd8-ec9b-483e-ae39- 8f771c828d45%40earthlink.net. For more options, visit https://groups.google.com/d/optout. -- You received this message because you are subscribed to the Google Groups "Dove Drive" group. 1 Lori Kofoid From:Anthony P. Reeves <reeves@cornell.edu> Sent:Thursday, June 13, 2024 1:47 PM To:Lori Kofoid Subject:Variance request for Eslingers, 20 Dove Drive **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 Re: Area Variance request for 20 Dove Drive To whom it may concern I am writing to inform of my opinion on the request for area variance for 20 Dove Drive. I have owned the neighboring property at 22 Dove Drive for over 30 years, and the structure in question, a shed for gardening tools and materials, is adjacent to my property. The request for this variance follows that nobody noticed a code violation of the shed placement for over 20 years. The shed is elegantly located in one of the best managed front yards in the neighborhood. Over 20 years of thought has gone into the design and landscaping of their front yard. Consequently, the shed eloquently fits into its surroundings and, in addition, provides a very useful function of providing resources for maintaining the front yard itself. I cannot think of a better placement for the shed than its current location. Moving the shed to the back of the property will be very disturbing to the current esthetics. The back yards of at least four adjacent properties are maintained very open, without structures, providing great views of the natural beauty in the area. Moving the shed structure to that area would certainly be far less optimal than leaving it in its current location. In summary, I believe that the shed is currently optimally located for both functionality and esthetics of the neighborhood, and in no way hinders access to the property. Any movement of the shed will have a negative impact on the neighborhood esthetics in my option. Therefore, I strongly recommend that this variance be granted so the shed may remain where it is currently located and, where I believe, it optimally enhances the appearance of the neighborhood. Sincerely, Anthony P. Reeves 22 Dove Drive, Ithaca