Board grants variances for four modular homes after foundation errors; state fire variance and alarms cited as mitigation

The Ithaca City Board of Zoning Appeals voted March 3 to grant side‑yard and area variances for four newly constructed modular homes on 113–119 Sears Street after the developer reported foundation placement errors that produced encroachments into required setbacks.

Lynn Truame, director of real estate development at Ithaca Neighborhood Housing Services (INHS), told the board the project was developed for INHS’s community housing trust program and that subcontracting errors led to foundations being poured at or slightly beyond the five‑foot side‑yard line. "When the foundations were staked, the line was snapped at the five feet... the foundations were poured either immediately on that 5‑ft or slightly over that 5‑ft mark," Truame said, describing encroachments that range mostly from about one inch up to five inches, and one unit (119 Sears Street) with a larger foundation placement error.

INHS said it obtained a state fire‑code variance for these properties and installed exterior alarm detectors as mitigation; Truame said the mitigation cost about $6,200. Board members asked whether the error was found during final walkthroughs for certificates of occupancy and whether INHS would change project oversight practices; Truame acknowledged organization process changes and said, "We will not be doing this again."

Staff noted one written comment from a neighbor, Mary White, included in the board packet; no members of the public spoke during the hearing. Board members expressed regret about the construction mistake but concluded that demolition and rebuilding was not a feasible remedy and that state‑level relief plus mitigation reduced the safety risk.

The motion before the board granted variances for zone 26‑4, 26‑5, 26‑7 and 26‑8, recording encroachments ranging from 1 to 6 inches for side‑yard setbacks and minor lot‑area shortfalls (117 Sears Street reported ~2 sq ft short; 119 Sears Street ~1.7 sq ft short). The board’s roll call recorded four affirmative votes: Donna Fleming (yes), Jason Hton (yes), Andre Gardner (yes) and Mr. Barkin (yes). Staff will draft and circulate the formal variance findings and the measurements to be recorded in the minutes and files.

The board treated this as a Type II action under the city environmental quality review ordinance and the state SEQRA rules, concluding no further environmental review was required. The decision allows INHS to complete occupancy steps for the homes while recording the variances as part of the property records.