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HomeMy WebLinkAboutZBA Minutes 2018-03-18 Town of Ithaca Zoning Board of Appeals Public Hearing Tuesday, March 13, 2018 at 6:00 p.m. 215 N Tioga St., Ithaca Appeal of Maria Fitzpatrick, Owner, 1336 Slaterville Rd., TP 60.-1-34.5, MDR, requesting a variance from Town of Ithaca Code Chapter 270-71(B) Yard Regulations to be permitted to build an addition to a legally existing, non-conforming structure, a portion of which addition would encroach into the required rear yard setback as follows: approximately 75.25 sq ft (7' x 10'9") on the first floor would encroach approximately 11' feet into the required 30'foot rear yard setback, and approximately 516 sq ft (48' x 10'9") on the second floor would encroach approximately 11' feet into the required 30' foot rear yard setback. March 6, 2018 Bruce Bates Director You are receiving this notice because you live nearby. Comments can be sent via email to townclerkgtown.ithaca.ny.us or in person at the meeting. Questions can be directed to Mr. Bates at bbatesgtown.ithaca.ny.us Town of Ithaca Zoning Board of Appeals Tuesday, March 13, 2018 at 6:00 p.m. Present: Rob Rosen, Chair; Members Bill King, Christine Decker, Chris Jung, Caren Rubin, George Vignaux and Robert Highland Bruce Bates, Codes, Paulette Rosa, Town Clerk and Susan Brock, Attorney for the Town Mr. Rosen opened the meeting at 6:02 p.m. Appeal of Maria Fitzpatrick, Owner, 1336 Slaterville Rd., TP 60.-1-34.5, MDR, requesting a variance from Town of Ithaca Code Chapter 270-71(B) Yard Regulations to be permitted to build an addition to a legally existing, non-conforming structure, a portion of which addition would encroach into the required rear yard setback as follows: approximately 75.25 sq ft (7' x 10'9") on the first floor would encroach approximately 11' feet into the required 30'foot rear yard setback, and approximately 516 sq ft(48' x 10'9") on the second floor would encroach approximately 11' feet into the required 30' foot rear yard setback. Daren Schroeder was present to answer questions. Mr. Schroeder stated that he is the applicant's husband and they are looking to increase the living space by adding over the garage and essentially shifting the back footprint slightly. He added that there is a some living space on the second floor towards the garage and that will be incorporated into the expansion over the garage. Mr. Rosen turned to the packet and the colored outline of the footprint and setbacks. He thought it was a minimal increase to an existing non-conformity. Mr. Rosen opened the public hearing at 6:15 p.m.; there was no one present and the hearing was closed. The board looked at the diagram and discussed at length the positioning of the house and the area of the increase. The footprint is essentially shifting and the large of the variances is the increase in mass above the garage which increases the nonconformity but is in keeping with the neighborhood. The board felt the renovation did not affect the neighbor(s) or the area and fit nicely into the neighborhood with a net increase mainly due to the increase in mass, not the encroachment into the rear yard. The slope and existing trees shield the house and addition and it is not really visible from the public roadway. ZBA Resolution 0001-2018 Area Variance 1336 Slaterville Rd TP 60.-1-34.5, MDR March 13, 2018 Resolved that this board grant the appeal of Maria Fitzpatrick, Owner, 1336 Slaterville Rd., TP 60.-1-34.5, MDR, requesting a variance from Town of Ithaca Code Chapter 270-71(B) Yard Regulations to be permitted to build an addition to a legally existing, non-conforming structure, a portion of which addition would encroach into the required rear yard setback as follows: approximately 75.25 sq ft(7' x 10'9") on the first floor would encroach approximately 11' feet into the required 30'foot rear yard setback, and approximately 516 sq ft (48' x 10'9") on the second floor would encroach approximately 11' feet into the required 30' foot rear yard setback. Conditions: That the footprint be built substantially as shown in the plans presented with the back wall being allowed to be no more than 1' foot 3"inches closer to the rear lot line than exists now, and Findings That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically that: 1. The benefit that the applicant wishes to achieve could be achieved by a feasible different design, and 2. That there will not be a detriment to the neighborhood in that the building is already existing and nonconforming and the increase into the setback encroachment is very small on the first floor and the entire second floor addition does not increase the footprint of the building and is not visible from the roadway given the slope and existing trees, and 3. That the request is substantial, in that the increase in mass is 516' sqft but it is mitigated in that the addition is in the back of the house and shielded by existing vegetation and it does not increase the encroachment into the rear yard setback and the resulting mass is not out of character with the existing neighborhood houses, and 4. That there will not be an adverse environmental impact given that no SEQR is required and the basic structure was in existence and the proposed design does not increase the impervious surface area while still providing additional living space. 5. That the hardship is self-created in that the applicant wishes to increase the mass of the building and slightly increase the footprint, but there will not be an adverse impact to the health, safety or welfare of the community for the reasons stated above. Moved by Rob Rosen, seconded by George Vignaux Vote: Ayes —Rosen, King, Vignaux, Decker and Jung—Unanimous Discussion regarding the recent legislation -Rental Registry and New Occupancy Levels as well as siting of Additional Dwelling Units Mr. Bates and Ms. Brock explained the new legislation and how it may come before the Zoning Board. Two areas would be occupancy and the definition of a family which remained the same and there is a new chart to describe it a little better but there were increases in certain instances. The other is the placement of what were called"elder cottages"which had to be removed but can now be free standing secondary ADU's up to 800' square feet with specific setbacks,but can mostly only be in the back yard or tethered to the main house when located in the front yard with setback requirements. The Board will be seeing an appeal next month for a new ADU in the side yard due to topography. Membership The Board acknowledged the departure of Chris Jung and William Highland and thanked them for their service. Ms. Rubin was interested in being a regular member and Ms. Rosa will propose the appointment at the next Town Board meeting on March 26, 2018. There are four applications for the presumed two alternate vacancies. Meeting was adjourned at 7:20 p.m. Submitted Paulette osa,*Town Clerk