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HomeMy WebLinkAboutMN-BZA-2026-03-03 City of Ithaca Board of Zoning Appeals Minutes – March 3, 2026 Board Members Present: Donna Fleming Andre Gardiner Jason Houghton David Barken, Chair Staff Present: Megan Wilson, Deputy Director of Planning Maura Baldiga, Senior Planner Applicants: CJS Architecture, Visum Development, Rockabill (ZONE-25-12) Ithaca Neighborhood Housing Services (ZONE-26-4, 26-5, 26-6, 26-7) Chair David Barken called the meeting to order at 5:30 pm and read the opening statement. I. CALL TO ORDER & AGENDA REVIEW II. CONTINUED APPEALS – NONE III. NEW APPEALS APPEAL ZONE-25-12 132 CHERRY STREET Request for an area variance from §325-8, Column 5, Off-Street Loading and Column 11, Front Yard, requirements of the City of Ithaca Zoning Ordinance to allow the construction of two five-story, mixed-use buildings. The property was previously granted an area variance in 2022. The variance has now expired, and the project has been modified in response to the updated floodway construction requirements. Craig Jensen presented the appeal. The project was previously approved in 2022, but put on hold due to the price escalation of building materials during the pandemic. The new iteration of the project is now workforce housing, supported by New York State Homes and Community Renewal. The appellant strove to maintain all the design features and amenities of the initial design, with some changes to meet the needs of the new target tenants and to make the project viable. Additionally, the buildings were moved east in response to the new City of Ithaca FEMA flood maps. In the new maps, the regulatory floodway runs through the property, and no development is allowed in this area. In the current design for the site, roughly half of the upper floors are 3’6” from the inside edge of the sidewalk, while the Zoning Code requires 15’. The upper floors of the building have varying setbacks to create visual interest. The ground floor of the property aligns with the neighboring building. The property is retaining a tree lawn along Cherry Street. The property will also have a pedestrian walkway along the inlet. The applicant proposes to have an off-street loading zone in two parallel parking spaces in the City’s right of way. Together the two spaces provide 409 square feet of loading space, while 450 square feet is required. The Board Members clarified several aspects of the project including that the overhangs on the buildings start at the second floor and that the loading space is provided in the City’s right of way. The Board asked what other options are available to fully meet the zoning requirements. To meet the loading space requirement, the applicant could designate additional on-street parking spots as 15-minute loading zones. Board of Zoning Appeals March 3, 2026 Meeting Minutes 2 To meet the front yard requirements, the project would lose balconies as well as square footage in apartments. The Board also discussed the previous variance that was granted for the site, which was due to the fire code. The appellant confirmed that fire access is not impacted by the changes in the design. Public Hearing Chair D. Barken opened the public hearing. There were no comments from interested parties regarding this appeal, and the public hearing was closed. Deliberation & Decision The Board discussed that the net amount of green space on the parcel is roughly the same, despite the shift in the building. Additionally, the trail along the inlet is a benefit to the community. The building is also visually consistent with the neighboring property. The Board discussed that this site is unique because of the changes to the FEMA maps, which apply additional requirements and constraints on the site. The Board also considered the other parking spots on the street and how those spots could be used to support loading and the on-site retail. The Board discussed conditioning the variance on the applicant providing at least 425 square feet of loading space and on the establishment and maintenance of a trail along the inlet. On a motion by D. Barken, seconded by A. Gardiner, the Board of Zoning Appeals voted unanimously to grant appeal #ZONE-25-12 for 132 Cherry Street. APPEAL ZONE-26-4, 26-5, 26-6, 26-7 113-119 SEARS STREET Request for an area variance from §325-8, Column 13, Other Side Yard, to allow for secondary side yards of less than 5' in the R-2b zone. The homes were planned to be located 5' from the side lot line but were constructed between 4.6'-4.9' from the property line. Lynn Truame of Ithaca Neighborhood Housing Services (INHS) presented the appeal. L. Truame described the development of these properties as for-sale affordable homes, utilizing modular construction. INHS contracted with a site contractor, who subcontracted the concrete pouring. The foundations were poured too close to the side yard setback. Additionally, when the modular homes were set on the foundation, some of the homes hung over the foundation and into the side yard. INHS received a New York State fire code variance for all four properties. As part of the applying for the New York State fire code variance, INHS installed an exterior fire alarm system on the non-compliant side yard of each property. The Board clarified that the non-conforming sides were discovered during a walkthrough for a Certificate of Occupancy. The Board asked questions regarding how INHS would change their process for modular construction in the future. INHS did not have a general contractor for this project, but in the future INHS plans to hire a general contractor for all projects. INHS did have an on-site manager, but that manager relied on the subcontractors to ensure the homes were placed correctly on the lots. The Board also clarified that without a variance, the homes would not be occupied. Public Hearing Chair D. Barken opened the public hearing. The following parties commented regarding the appeal. - Mary L. White, a resident at 114 Sears Street, provided written comment. M. White stated that the variance should not be granted due to the density of the homes on the street and the risk of fire. Board of Zoning Appeals March 3, 2026 Meeting Minutes 3 Deliberation & Decision Board Members noted the mitigation efforts undertaken by INHS to address the fire risk inherent in the smaller side yard setback and the fact that the property already received a fire code variance. The Board also noted the impact that a vacant home, or the tearing down of a recently built home, would have on the neighborhood. The Board noted that the four homes are lower-density than could have been built as-of- right, but also that trying to place four detached homes on these parcels contributed to the need for a variance. The Board discussed that there was no viable alternative to granting the variance. On a motion by A. Gardiner, seconded by D. Fleming, the Board of Zoning Appeals voted unanimously to grant appeal #ZONE-26-4 for 113 Sears Street, #ZONE-26-5 for 115 Sears Street, #ZONE-26-6 for 117 Sears Street, and #ZONE-26-7 for 119 Sears Street. IV. PRELIMINARY PRESENTATIONS – NONE V. APPROVAL OF MINUTES – November 2025 and January 2026 On a motion by A. Gardiner seconded by D. Fleming VI. ADMINISTRATIVE MATTERS a. Next Meeting: Megan will let the board know about the next meeting by the end of the week. There may be a use variance appeal at the April meeting. VII. ADJOURNMENT Chair D. Barken adjourned the meeting at 6:32 pm. Respectfully submitted, ___________________________ March 3, 2026 Megan Wilson, Zoning Administrator Date Secretary, Board of Zoning Appeals