BOARD OF ZONING APPEALS (BZA)

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1 CITY OF ITHACA 108 E. Green Street 3rd Floor Ithaca, NY DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Gino Leonardi, Secretary to the Board of Zoning Appeals Telephone: Fax: BOARD OF ZONING APPEALS (BZA) AGENDA & LEGAL NOTICE CITY OF ITHACA BOARD OF ZONING APPEALS (BZA): Notice is hereby given, pursuant to Section B. (2) (g) of City of Ithaca Zoning Ordinance, Public Hearings will be held Thursday, August 10, 2017 at 6:00 PM in Common Council Chambers, City Hall, 108 E. Green St., Ithaca, NY, to consider the following appeals: APPEAL # ELMIRA ROAD Appeal of Noah Demarest on behalf of the owner Finger Lakes ReUse Inc. for an area variance from Section 325-8, Column 9, Building Height and Column 14/15, Rear Yard requirements of the zoning ordinance. The applicant proposes to construct a new 4 story building that will abut the existing building located at 214 Elmira Road. The new mixed use building will contain additional retail space, business offices, and 22 transitional housing units. Each story of the new 4 story building will be approximately 6800 square feet and have an overall building height of The property at 214 Elmira Road is located in the 100 year flood zone where the floor elevation of a building is required to be 1 above the base flood level elevation. The applicant proposes to raise the building to the required elevation, but will exceed the allowable building height in feet having 44 9 of the 40 maximum, in the B5 zone district. There is also an existing building on the parcel addressed 210 Elmira Road, which has an existing rear yard deficiency that will not be exacerbated by this proposal. The property is located in a B-5 business district in which the proposed use is permitted. However, Section requires that a variance be granted before a building permit is issued. APPEAL # S. TITUS AVENUE Appeal of Heidi Lux and David Spurgin for an area variance from Section 325-8, Column 4, Off-Street Parking, Column 7, Lot Width, Column 11, Front Yard, Column 12, Side Yard and Column 13, Other Side Yard requirements of the Zoning Ordinance. The applicant proposes to construct a 384 S.F. deck on the rear of the home located at 413 S. Titus Avenue. As part of this project, an existing 104 S.F. deck will be rebuilt and approximately 280 S.F. of deck will be added in the rear yard spanning the full width of the rear of the home. Constructing the deck the full width of the home will exacerbate both of the existing side yard deficiencies. On the east side, the existing side yard ranges from 4.4 to 6.2 from the property line. The new deck will be positioned 6.2 from the lot line, the ordinance requires a 10 side yard. The home was not built parallel to the property line and on the west side of the property, the existing side yard is 1.5 from the property line. Therefore, constructing the new deck square to the home, will reduce the west side yard from 1.5 to 1 of the 5 required by the ordinance. Additionally, the property has existing deficiencies in off-street parking, lot width at street, and front yard setback that will not be exacerbated by the proposed project. The property at 413 South Titus Avenue is located in an R-2b zoning district where the proposed use is permitted. However, Section requires that a variance be granted before a building permit may be issued. ACCESSIBILITY: If you have a disability and would like specific accommodation to participate, please contact the City Clerk s Office at by 12:00 p.m., 2-3 business days (not including weekends/holidays) before the meeting. Gino Leonardi Secretary to the Board of Zoning Appeals Publication Dates: July 22, 2017 and July 24, 2017

2 CITY OF ITHACA Board of Zoning Appeals Notice of Appeal APPEAL # ELMIRA ROAD Appeal of Noah Demarest on behalf of the owner Finger Lakes ReUse Inc. for an area variance from Section 325-8, Column 9, Building Height and Column 14/15, Rear Yard requirements of the zoning ordinance. The applicant proposes to construct a new 4 story building that will abut the existing building located at 214 Elmira Road. The new mixed use building will contain additional retail space, business offices, and 22 transitional housing units. Each story of the new 4 story building will be approximately 6800 square feet and have an overall building height of The property at 214 Elmira Road is located in the 100 year flood zone where the floor elevation of a building is required to be 1 above the base flood level elevation. The applicant proposes to raise the building to the required elevation, but will exceed the allowable building height in feet having 44 9 of the 40 maximum, in the B5 zone district. There is also an existing building on the parcel addressed 210 Elmira Road, which has an existing rear yard deficiency that will not be exacerbated by this proposal. The property is located in a B-5 business district in which the proposed use is permitted. However, Section requires that a variance be granted before a building permit is issued. gl 7/6/2017

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24 CITY OF ITHACA Board of Zoning Appeals Notice of Appeal APPEAL # S. TITUS AVENUE Appeal of Heidi Lux and David Spurgin for an area variance from Section 325-8, Column 4, Off- Street Parking, Column 7, Lot Width, Column 11, Front Yard, Column 12, Side Yard and Column 13, Other Side Yard requirements of the Zoning Ordinance. The applicant proposes to construct a 384 S.F. deck on the rear of the home located at 413 S. Titus Avenue. As part of this project, an existing 104 S.F. deck will be rebuilt and approximately 280 S.F. of deck will be added in the rear yard spanning the full width of the rear of the home. Constructing the deck the full width of the home will exacerbate both of the existing side yard deficiencies. On the east side, the existing side yard ranges from 4.4 to 6.2 from the property line. The new deck will be positioned 6.2 from the lot line, the ordinance requires a 10 side yard. The home was not built parallel to the property line and on the west side of the property, the existing side yard is 1.5 from the property line. Therefore, constructing the new deck square to the home, will reduce the west side yard from 1.5 to 1 of the 5 required by the ordinance. Additionally, the property has existing deficiencies in off-street parking, lot width at street, and front yard setback that will not be exacerbated by the proposed project. The property at 413 South Titus Avenue is located in an R-2b zoning district where the proposed use is permitted. However, Section requires that a variance be granted before a building permit may be issued. gl 7/10/2017

25 City of Ithaca Board of Zoning Appeals Worksheet Appeal Number BZA-3079 Address 413 South Titus Avenue Use District R-2b Date 08/10/17 Applicant Heidi Lux & David Spurgin Owner Heidi Lux & David Spurgin Application Type: Area Variance Column Number Column Title Existing Condition and Use District Regulations for Existing Note Non- Conforming Conditions Proposed Condition and/or Use Use /15 16 One Family Dwelling Two Family Zone Accessory Use Off-Street Parking Off-Street Loading Lot Area (Sq. Feet) Lot Width (Feet) Number of Stories Height in Feet % of Lot Coverage Front Yard Side Yard Other Side Yard Rear yard: % of depth or number of feet, whichever is less ' 2 24± 15.3% 7.5' 4.4' 1.5' 121' or 66.5% 1 None Required 3, % % or 50' but not less than 20' OK Def. N/A OK Def. OK OK OK Def. Def. Def. OK One Family Dwelling ' 2 24± 18.9% 7.5' 4.4' 1' 108.4' or 59.6% Minimum Building Height None District Regulation for Proposed Two Family Zone 1 None Required 3, % % or 50' but not less than 20' None Note Non- Conforming Conditions for Proposal Notes: OK N/A Def. N/A OK Def. OK OK OK Def. Def. Def. OK N/A

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