HomeMy WebLinkAboutMN-BZA-2024-04-02
City of Ithaca Board of Zoning Appeals
Minutes – April 2, 2024
Board Members Present: Andre Gardiner
Donna Fleming
Michael Cannon
Joseph Kirby
David Barken, Chair
Staff Present: Megan Wilson, Deputy Director of Planning
Sam Quinn-Jacobs, Planner
Applicants: 356 Elmira Road, Emma Cheek, Jax Signs (Appeal #3268)
601 E. State Street, Cameron Neuhoff, Trade Design Build and Charlie
O’Conner, Modern Living Rentals (Appeal #3271)
722 University Avenue - Cornell Hillel, Yifei Yan and Michelle Palmer,
Whitham Planning and Design (Appeal #3269)
Vice Chair A. Gardiner called the meeting to order at 5:35 pm and read the opening statement.
I. TELECOMMUNICATIONS APPEALS – NONE
II. SIGN APPEALS
APPEAL #3268 356 Elmira Road
Request for a sign variance from §272-7A to allow the installation of a 75 SF freestanding sign that exceeds
the 75 SF maximum sign allowance. The sign will also be 24' 6" tall when a maximum of 22' in height is
permitted by the Sign Ordinance.
Emma Cheek, Jax Signs, presented the appeal on behalf of the owner, Seneca Valley Properties. Cheek
gave the Board a brief overview of the proposal including a recap of the information presented at the last
meeting for members who were no present. A history of the sign’s permitting, and fabrication was presented
for context. It was explained that the sign was fabricated to conform with branding guidelines of the hotel
and avoid fines.
Board members asked questions regarding the specifics of the sign’s fabrication and the costs of creating a
new one.
Deliberation & Decision
This appeal was presented at the March 5, 2024 meeting of the BZA, and the Board asked the applicant to
provide additional information on the necessity and appropriateness of the proposed sign. The applicant has
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submitted sufficient evidence showing that the proposed sign is not out of character for the Elmira Road
corridor and will not have a negative impact on the area.
On a motion by J. Kirby, seconded by M. Cannon, the Board of Zoning Appeals voted 5-0-0 to approve
appeal #3268 356 Elmira Road.
III. NEW APPEALS
APPEAL #3271 601 E STATE STREET
Request for an area variance from §325-8, Column 6, Lot Area, and Column 14/15, Rear Yard,
requirements of the Zoning Ordinance to allow the construction of a second multiple dwelling on the
property. The new two-story, 2 6-unit building will be located in the required rear of the property and will
be oriented to face Ferris Place. The property is also deficient in the required lot area to build a second
primary structure on site. Request for an area variance from §325-8, Column 6, Lot Area, and Column
14/15, Rear Yard, requirements of the Zoning Ordinance to allow the construction of a second multiple
dwelling on the property. The new two-story, 6-unit building will be located in the required rear of the
property and will be oriented to face Ferris Place. The property is also deficient in the required lot area to
build a second primary structure on site.
The appellant presented a site plan and detailed the variances required to build the proposed development.
Board members clarified details relating to the design of the building and how it relates to the required
setbacks.
D. Fleming and the applicant discussed the design changes and requirements imposed by the Ithaca
Landmarks Preservation Commission (ILPC). Staff confirmed that the lot could not be developed with a
second primary residence without triggering variances regardless of the design requirements of the ILPC.
Public Hearing
Vice Chair A. Gardiner opened the public hearing.
Kelly Delp, 110 Ferris Place, submitted a written comment in opposition to the appeal.
There being no further comments from interested parties, Vice Chair A. Gardiner, closed the public
hearing.
Deliberation & Decision
The Board acknowledged that many of the homes on E State Street are not compliant with the existing
zoning setbacks and found that the proposed variances, particularly off-street parking location
requirements, are more compatible with the neighborhood. The Board debated whether the proposed rear
yard deficiency is substantial and if a more zoning compliant development could be feasible. Members
noted that it would be impossible to find a viable alternative project that would be fully zoning-compliant.
On a motion by D. Barken, seconded by A. Gardiner, the Board of Zoning Appeals voted 4-1-0 to
approve appeal #3271.
______________________________________________________________________________
APPEAL #3272 218 E FALLS STREET
Request for an area variance from §325-8, Column 6, Lot Area; Column 7, Lot Width; Column 12, Side
Yard; and Column 13, Other Side Yard, requirements of the Zoning Ordinance to allow the construction of
a new landing and entry stair on the west side of the house that will be located in the required side yard.
The property has existing deficiencies in lot area, lot width, and other side yard that will not be exacerbated
by this proposal.
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Property owner Simon Wheeler presented the requested variance to the Board. Board members had no
questions for the appellant.
Public Hearing
Vice Chair A. Gardiner opened the public hearing.
Phillip Koons and Kathy Earnest-Koons, 1107 N. Tioga Street, submitted comments in support of the
appeal.
There being no further comments from interested parties, Vice Chair A. Gardiner closed the public hearing.
Deliberation & Decision
The Board acknowledged that many of the homes on E. Falls Street are not compliant with the existing
zoning setbacks and found that the proposed variances, with exception of the side yard variance, are not
exacerbated by the proposal. The Board finds that the side yard variance is compatible with the
neighborhood. Members noted that it would be impossible to find a viable alternative project that would be
fully zoning-compliant.
On a motion by M. Cannon, seconded by D. Fleming the Board of Zoning Appeals voted 5-0-0 to approve
appeal #3272 218 E. Falls Street.
APPEAL #3273 312 S PLAIN STREET
Request for an area variance from §325-20 E(2), Parking in Front Yards, of the Zoning Ordinance to allow
the construction of a driveway and adjacent parking space that will be a total of 18' wide in the front yard,
where parking is limited to a single, 12' wide driveway.
Shannan MacCarrick of Habitat for Humanity presented the appeal. Board members asked the appellants
about other viable alternatives to the requested variance. The appellants explained that tandem parking
would not be conducive to two separate owner-occupied units and that parking in the back is not ideal, as
they would like to maintain a yard for residents.
Board members, staff and the appellants also discussed if two buildings would be feasible for the
property.
Public Hearing
Vice Chair A. Gardiner opened the public hearing.
There being no further comments from interested parties, Vice Chair A. Gardiner closed the public
hearing.
Board members noted that there are alternatives to the specific variance requested that would be preferrable.
The two side-by-side spaces in the front yard will result in a wide curb cut and a significant portion of the
front yard occupied by parking. Board members stated that if it is not feasible to accommodate the required
parking on site, they would recommend that the appellant seek an off-street parking variance for one space.
The current request would have a significant negative impact on the character of the neighborhood, and
Board members indicated opposition to the appeal. The appellants withdrew the application.
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IV. PRELIMINARY PRESENTATIONS – 722 University Ave. - Cornell Hillel
The applicants presented a proposed development located within the RU zoning district on University
Avenue. The presentation explained that the proposed building would be used as a Hillel Center for the
Cornell University community. A description of the historic and existing site conditions was given to
provide context for the Board. The project team presented a schematic elevation and proposed floorplans.
Proposed building and lot dimensions were highlighted, particularly those relating to the five area variances
that would be required for the proposed project.
The Board and the applicants discussed the feasibility of zoning compliant alternatives, and the applicants
stated that the benefit sought could not be obtained without receiving area variances. Board members
expressed concern over the size and number of variances that the proposed building would require,
highlighting building height, lot coverage and off-street parking as the areas of greatest concern.
V. CONTINUED APPEALS - NONE
VI. APPROVAL OF MINUTES
o March 5, 2024
On a motion by J. Kirby seconded by A. Gardiner the Board of Zoning Appeals voted 5-0-0 to
approve the March 5, 2024 meeting minutes.
VII. ADMINISTRATIVE MATTERS
A. Next Meeting – May 7, 2024
VIII. ADJOURNMENT – Chair Andre Gardiner adjourned the meeting at 8:05 pm.
Respectfully submitted,
___________________________ April 2, 2024
Megan Wilson, Zoning Administrator Date