HomeMy WebLinkAboutBZA 3228 - 132 Cherry Street - Decision
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3228
Applicant: 132 Cherry Clinton LLC
Property Location: 132 Cherry Street
Zoning District: Cherry Street District (CSD)
Applicable Section of City Zoning Code: §325-8, Column 11.
Requirement for Which Variance is Requested: Front Yard.
Publication Dates: August 4, 2022; August 9, 2022; September 23, 2022; and September 26, 2022.
Meeting Held On: August 9, 2022 and September 26, 2022.
Summary: Appeal of property owner 132 Cherry Clinton LLC for an area variance from §325-8, Column
11, Front Yard, requirements of the Zoning Ordinance. The applicant proposes to demolish the existing
building on the site and construct two 5-story, mixed-use buildings that will contain two commercial spaces,
143 residential units, 48 parking spaces, and other tenant amenities. The applicant is proposing to site the
buildings 8’ from the inside edge of the new sidewalk. The Zoning Ordinance requires all buildings in the
Cherry Street District to be located a minimum of 15’ from the inside edge of the sidewalk. The applicant
is requesting a variance from the front yard requirement in order to locate the building within the setback
range from the street that is mandated by New York State Fire Code.
The applicants presented the project at the August 2022 BZA meeting, and the Board opened the public
hearing. The Board will continue the public hearing and resume consideration of this appeal at its
September 26th meeting.
Public Hearing Held On: August 9, 2022 and September 26, 2022.
Members present:
Michael Cannon
Andre Gardiner
Joseph Kirby
David Barken, Chair
There were no comments from interested parties in support of or in opposition to the appeal.
Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law:
The Tompkins County Department of Planning & Sustainability had no comments or recommendations on
the appeal.
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Megan Wilson, Secretary to the Board of Zoning Appeals
Telephone: 607-274-6550 Fax: 607-274-6558 E-Mail: mwilson@cityofithaca.org
Environmental Review: This variance is a component of an action that also includes site plan review.
Considered together, this is a Type I action under the City of Ithaca Environmental Quality Review
Ordinance and the State Environmental Quality Review Act for which the Planning and Development
Board, acting as Lead Agency, made a Negative Determination of Environmental Significance on August
23, 2022.
Planning & Development Board Recommendation:
The Planning Board fully supports this variance as this project is in a location where the city is encouraging
development and the applicant is willingly working with the City to create a favorable streetscape along
Cherry Street. As such the proposed sidewalk is located on the project site further narrowing the property.
Without this variance given the property dimensions it would prove difficult to develop.
Ithaca Landmarks Preservation Commission Recommendation:
Not applicable
Motion: A motion to grant variance #3228 for 132 Cherry Street was made by J. Kirby.
Deliberations & Findings:
The Board noted that the front yard variance, and other recent project changes, are necessary to comply
with New York State Fire Code requirements for emergency access. The Board finds that the requested
variance is the minimum needed to comply with the State code requirements and does not negatively impact
the neighborhood.
Factors Considered:
1. Whether an undesirable change would be produced in the character of the neighborhood or a
detriment to nearby properties: Yes No
• The front yard in the Cherry Street District is measured from the inside edge of the sidewalk to the
building façade. This is intended to provide green space between the building front and the
sidewalk, which is often in the public right-of-way. The sidewalk at 132 Cherry Street will be
located on private property, and the applicant is working with the City to create a pedestrian -
friendly streetscape. While the applicant is proposing a reduced front yard, the goal of creating
green space and a well-designed streetscape will still be achieved.
• The Board has not received any comments from interested parties on this variance request.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes No
• If the applicant sites the building to meet the front yard requirement, it is beyond the allowed range
for aerial access for emergency response. It is not feasible to meet both the requirements of the
Zoning Ordinance and New York State Fire Code.
3. Whether the requested variance is substantial: Yes No
• The applicant is proposing a front yard of 8’ from the inside edge of the sidewalk. This results in
a front yard deficiency of 47; however, the Board finds that there is no feasible alternative that
would meet all applicable codes and achieve the goal for an active, pedestrian-friendly streetscape
along Cherry Street.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No
• The Planning and Development Board, acting as lead agency, has determined that the project will
not have a significant impact on the environment.
• Based on the submitted materials and testimony of the applicant, there is no evidence of adverse
physical or environmental impacts resulting from the lot coverage deficiency.
5. Whether the alleged difficulty was self-created: Yes No
• The alleged difficulty is self-created in that the applicant is choosing to redevelop the property at
132 Cherry Street. However, site conditions unique to this property and the City’s objectives for
the street design make it infeasible to meet both the requirements of the Zoning Ordinance and New
York State Fire Code.
Second Motion to Grant Variance: Made by D. Barken.
Vote: 4-0-0
Michael Cannon YES
Andre Gardiner YES
Joseph Kirby YES
David Barken, Chair YES
Determination of the BZA Based on the Above Factors:
The BZA, taking into the five factors for an area variance, finds that the benefit to the applicants outweighs
the detriment to the neighborhood or community. The BZA further finds that the variances from the Zoning
Ordinance, §325-8, Column 11, is the minimum variance that should be granted in order to preserve and
protect the character of the neighborhood and the health, safety, and welfare of the community.
___________________________ September 26, 2022
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals