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City of Ithaca Board of Zoning Appeals Minutes – January 7, 2025
Board Members Present: Andre Gardiner Joseph Kirby Michael Cannon
Donna Fleming
David Barken, Chair Staff Present: Megan Wilson, Deputy Director of Planning
Sam Quinn-Jacobs, Planner
Applicants: Andrew Schreck (BZA #3288) Jen Bokaer-Smith (BZA #3289)
Chair D. Barken called the meeting to order at 5:35 pm and read the opening statement.
I. TELECOMMUNICATIONS APPEAL None II. CONTINUED APPEALS
III. NEW APPEALS APPEAL #3289 110 COLUMBIA STREET Appeal of Jen Bokaer-Smith on behalf of Acropolis Cooperative for an area variance from Sections
325-8, Column 11, Front Yard, Column 14/15, Rear Yard and 325-25, Location of Accessory
Structure requirements of the Zoning Ordinance. The applicant is proposing to install three freestanding podiums with six electric vehicle chargers in the required side yard to the east of the property. The Zoning Ordinance requires that accessory structures be located a minimum of 3’ from the side property line, and freestanding utility structures are subject to this requirement. The
proposed podiums will be located on the property line, resulting in a deficiency of 3’ or 100% of
the required yard. The units must be installed in the proposed location in order to maintain the siting and design of the existing parking area. The property has existing deficiencies in the required front and rear yards that will not be
exacerbated by this proposal.
The property is an existing nonconforming use as a multiple dwelling in the R-2a district. The proposed alteration does not expand the intensity of the nonconforming use or the area of the property used for the nonconforming use. The property retains its established rights to the multiple
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dwelling use, and this is an area variance only. The property remains subject to all requirements of the Zoning Ordinance for nonconforming uses, and any changes to the existing use shall be
subject to a future use variance.
Jen Bokaer-Smith presented the appeal on behalf of the property owner, Acropolis Cooperative. J. Bokaer-Smith verbally presented the appeal describing the physical conditions of the site and the need for the vehicle chargers. It was also noted that the project had been presented to and approved
by the Ithaca Landmarks Preservation Commission (ILPC).
Board members asked questions regarding the constraints imposed by the site topography, ILPC approval and needs of the vehicle chargers to be in proximity to the electrical pole.
Public Hearing
Chair D. Barken opened the public hearing. There were no comments from interested parties in support of or in opposition to the appeal.
There being no further comments from interested parties, Chair D. Barken closed the public
hearing. Deliberation & Decision Board members noted that the benefit sought by appellants could not be achieved by feasible
alternatives and no potential impacts to neighboring properties were identified. The Board
concluded that the while the request was substantial and the difficulty self-created, the benefit sought by the applicant outweighed any possible detriment to the character of the neighborhood. On a motion by Andre Gardiner, seconded by Joseph Kirby, the Board of Zoning Appeals voted
unanimously to approve appeal #3288 for 110 Columbia Street.
APPEAL #3288 215-217 PROSPECT STREET
Appeal of Andrew Schreck, property owner, for an area variance from Sections 325-8, Column 12, Side Yard, Column 13 Other Side Yard and 325-20F(3), Off-Street Parking requirements of the Zoning Ordinance. The applicant is proposing the creation of six off-street parking spaces on 215-217 Prospect Street located. The Zoning Ordinance requires that properties within residential
zoning districts that permit three or more cars must conform to either the setback compliance
method or the landscaping compliance method as described by the ordinance. The proposed off-street parking spaces do not conform with either method. The property has existing deficiencies in the side yard and other side yard requirements of the
Zoning Ordinance that will not be exacerbated by this proposal. The property also has an existing
off-street parking deficiency that is being alleviated by this proposal. Property owner Andrew Schreck presented the appeal to the Board. A. Schreck briefly described the physical condition of the property.
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Board members asked questions regarding the history of the property, the certificate of compliance
process for the building and physical conditions of the property.
Board members, staff and the applicant discussed the process and the need to leave the public hearing open to properly notice the appeal.
Public Hearing
Chair D. Barken opened the public hearing. There were no comments from interested parties in support of or in opposition to the appeal.
On a motion by Andre Gardiner, seconded by Michael Cannon, the Board of Zoning Appeals
voted unanimously to table appeal #3288 for 215-217 Prospect Street. IV. APPROVAL OF MINUTES - NONE
V. ADMINISTRATIVE MATTERS
a. Next Meeting: February 4, 2025. VI. ADJOURNMENT – Chair David Barken adjourned the meeting at 6:00 pm.
Respectfully submitted,
___________________________ January 7, 2025 Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals