HomeMy WebLinkAboutBZA 3279 - 710 Mitchell Street - Decision
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3279
Applicant: Samantha Sheppard and Jerry Allen Holt
Property Location: 710 Mitchell Street
Zoning District: R-1b
Applicable Section of City Zoning Code: §325-8, Columns 11, 13, 14/15 and §325-25C
Requirement for Which Variance is Requested: Front Yard, Side Yard, Rear Yard and Location of
Accessory Structures
Publication Dates: September 5, 2024 and September 10, 2024.
Meetings Held On: September 10, 2024 and October 1, 2024.
Summary: Appeal of property owners Samantha Sheppard and Jerry Allen Holt, for an area variance from
§325-8, Column 11, Front Yard; Column 13, Side Yard; and Column 14/15, Rear Yard requirements as
well as §325-25C, Location of Accessory Structures requirements of the Zoning Ordinance. The applicant
proposes to construct a new 252 SF covered porch in the rear yard of an existing single -family dwelling.
The Zoning Ordinance requires that each lot in the R-1b zone provide a rear yard setback of 25% of the
depth of the lot with a minimum of 20’. The property has an existing rear yard deficiency, as the existing
house is located 14.5’ from the rear property line or 20.1% of the depth of the lot. The proposed covered
porch would exacerbate this deficiency by reducing the rear yard to 2.5’ or 3.3% the depth of the lot depth.
This appeal was presented to the Board at the September 2024 meeting, and Board members had questions
for the applicant regarding feasible alternatives and site conditions. The applicant has submitted additional
information for the Board’s consideration.
The property has existing deficiencies in the front yard, side yard and setback requirements for accessory
structures that will not be exacerbated by the proposal.
Public Hearing Held On: September 10, 2024.
Members present:
Michael Cannon
Donna Fleming
Andre Gardiner
Joseph Kirby
David Barken, Chair
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
Lisa Nicholas, AICP, Director
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
There were no comments from interested parties in support of or in opposition to the requested appeal.
Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law: Not
Applicable
Environmental Review: This variance is a Type II Action under the City of Ithaca Environmental
Quality Review Ordinance and the State Environmental Quality Review Act and is not subject to
environmental review.
Planning & Development Board Recommendation: The Planning Board does not identify any negative
long-term planning impacts and supports this appeal provided any neighborhood concerns are addressed.
Ithaca Landmarks Preservation Commission Recommendation: Not applicable
Motion: A motion to deny area variance #3279 for 710 Mitchell Street was made by D. Barken.
Deliberations & Findings:
Board members noted that the benefit sought by appellants could be achieved by feasible alternatives. A
large lot size, space in the side yard and alternative construction options were noted as possible alternatives.
The proposal was determined to be out of character with the neighborhood and potentially detrimental to
nearby properties. The Board concluded that the request was substantial and the difficulty self-created. It
was stated that potential impacts to neighboring properties outweighed the benefit to property owners.
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 Board finds that the 2.5’ rear yard will have a detrimental impact on the adjacent properties.
The property already has a rear yard deficiency, and the proposed addition will reduce the rear
yard to 3.3% of the lot depth where 25% is required. This is inconsistent with the conditions of
the neighborhood and out of character with other properties.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes No
• The Board finds that there are feasible alternatives to the requested variances due to the fact that
the property is large for the neighborhood and there is ample space in the side yard. The applicant
could select an alternative that would have less impact on adjacent properties and be consistent
with the conditions of the neighborhood.
3. Whether the requested variance is substantial: Yes No
• The requested variance is substantial in that the applicant is only providing 2.5’ of the required
20’ rear yard. The property has an existing rear yard deficiency due to the original siting of the
home, and the addition of the covered patio will exacerbate this deficiency. This is a significant
deviation from the requirements of the R-1b zone.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No
• Based on submitted documentation, testimony from the applicants, and comments for neighboring
property owners, the Board does not identify any adverse physical or environmental impacts
resulting from this appeal.
5. Whether the alleged difficulty was self-created: Yes No
• The alleged difficulty is self-created as the appellants are choosing to undertake construction that
does not comply with the requirements of the R-1b district.
Second Motion to Grant Variance: Made by M. Cannon.
Vote: 5-0-0
Michael Cannon YES
Donna Fleming YES
Joseph Kirby YES
Andre Gardiner 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 does not
outweigh the detriment to the neighborhood or community. The BZA has denied the requested variances
from §325-8, Columns 11, 13, 14/15 and §325-25C in order to preserve and protect the character of the
neighborhood and the health, safety, and welfare of the community.
___________________________ October 1, 2024
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals