HomeMy WebLinkAboutZONE-25-12 - 132 Cherry Street - Decision
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: ZONE-25-12
Applicant: Visum Development
Property Location: 132 Cherry Street
Zoning District: Cherry Street District
Applicable Section of City Zoning Code: §325-8, Column 5, 11
Requirement for Which Variance is Requested: Off-Street Loading, Front Yard
Publication Dates: February 26, 2026 and March 3, 2026
Meeting Held On: March 3, 2026
Summary: Appeal of Visum Development for an area variance from §325-8, Column 5, Off-Street
Loading, and Column 11, Front Yard, requirements of the Zoning Ordinance. The applicant
proposes to construct two five-story, mixed-use buildings that will contain two commercial spaces,
148 residential units, 40 parking spaces, and other tenant amenities at 132 Cherry Street, located in the
Cherry Street District. The applicant is proposing to site the buildings 8’ 6” from the inside edge of the
sidewalk on the ground floor and 3’6” from the inside edge of the sidewalk on the upper floors, creating a
front yard deficiency. 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 project, as proposed, would provide
a front yard of 3.5’ or 23% of the required yard.
The applicant also proposes to provide no loading spaces, while the Cherry Street
District requires one loading space. In the previous design, the loading zone was provided in
the City right-of-way. However, changes to the project design remove on-street parking and loading.
The property was previously granted an area variance in 2022 for a front yard deficiency (BZA
#3228). When the variance in 2022 was granted, the buildings were located 8’ from the inside edge of the
sidewalk, out of the required 15’. The variance has now expired, and the project has been modified due to
changes to the regulatory floodway, which encroaches up to 25’ on the rear of the property and prohibits
all construction in that area.
Public Hearing Held On: March 3, 2026.
Members present:
Donna Fleming
Andre Gardiner
Jason Houghton
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
Megan Wilson, Secretary to the Board of Zoning Appeals
Telephone: 607-274-6550 Fax: 607-274-6558 E-Mail: mwilson@cityofithaca.org
David Barken, Chair
There were no comments from interested parties regarding the appeal.
Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law: The
Tompkins County Department of Planning & Sustainability has reviewed the proposal as required by New
York State General Municipal Law §239-l, -m, and -n and has no comments or recommendations
Environmental Review: This variance is a component of an action that also includes site plan review.
Considered together, this is a Type 1 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, issued an amended Negative Declaration of Environmental Significance on
February 24, 2026.
Motion: A motion to grant variance #ZONE-25-12 was made by D. Barken.
Deliberations & Findings:
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 property. 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.
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 requested area variance will not produce an undesirable change in the character of the
neighborhood. This is a new neighborhood with fewer residential references. Building out the
parcel will have a positive impact on creating a neighborhood dynamic and neighborhood character.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes No
The benefit sought cannot be achieved by a feasible alternative due to the FEMA flood maps and
the requirements established by outside bodies.
3. Whether the requested variance is substantial: Yes No
The requested front yard variance is substantial. The front yard is 3’6” from the inside edge of the
sidewalk, while the Cherry Street district requires 15’. However, the substantially of the request
does not override other conditions within this appeal.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No
Due to the characteristics of the neighborhood and its unique environmental conditions, this project
enhances the physical and environmental conditions of the neighborhood.
In consideration of the physical and environmental conditions of the neighborhood, this variance
is granted on the condition that the applicant establish and maintain a walkway along the inlet that
is open to the public.
5. Whether the alleged difficulty was self-created: Yes No
The alleged difficulty is self-created in that the applicant is proposing to develop this parcel.
However, this fact does not outweigh the benefits of the project.
Further, this variance is conditioned on the appellant creating and maintaining a loading zone at the
site of no less than 425 square feet. Any other parking regiment at the site will be implemented in
adherence of recommendations of staff and the Planning Board.
Second Motion to Grant Variance: Made by A. Gardiner.
Vote: 4-0-0
Donna Fleming YES
Andre Gardiner YES
Jason Houghton 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 5, 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.
___________________________ March 3, 2026
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals