HomeMy WebLinkAboutBZA 3281 - 213 Linden Avenue - Decision
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3281
Applicant: Christopher Anagnost
Property Location: 203-207 Linden Ave and 213 Linden Ave
Zoning District: CR-4 & CR-3
Applicable Section of City Zoning Code: §325-45E(3) and §325-45F(1)
Requirement for Which Variance is Requested: Front Yard and Side Yard
Publication Dates: September 26, and October 1, 2024
Meeting Held On: October 1, 2024
Summary: Appeal of Christopher Anagnost on behalf of property owners GBA Family Realty LLC and
211-217 Linden Ave LLC, for an area variance from §325-45E(3), Front Yard and Side Yard requirements
of the Collegetown Residential 3 (CR-3) District and §325-45F(1), Lot Coverage by Buildings and Side
Yard requirements of the Collegetown Residential 4 (CR-4) District of the Zoning Ordinance. The
applicants discovered that the building at 213 Linden Avenue encroaches on the property at 203-207 Linden
Avenue by 17.5’ at the southern end of the building. The applicants have applied for a lot line adjustment
that would change the property boundary to eliminate this encroachment. However, the lot line adjustment
would result in side yard deficiencies on both properties. The property at 203-207 Linden Avenue will have
a side yard of 3.0’ at the northern property line. The property at 213 Linden Avenue will have a side yard
of 1.7 feet at the southern property line. A minimum side yard of 5’ is required for both prop erties. No
physical changes to the properties are proposed.
The property at 203-207 Linden Avenue has an existing front yard deficiency that will not be exacerbated
by this proposal.
Public Hearing Held On: October 1, 2024
Members present:
Michael Cannon
Donna Fleming
Andre Gardiner
Joseph Kirby
David Barken, Chair
There were no comments from interested parties on the appeal.
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
Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law:
Not applicable.
Environmental Review: This is a Type 2 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
for lot line adjustment. Further, the Board sees the lot line adjustment having a positive impact as it can
contribute to the housing stock. It will be much easier to sell the houses separately after the adjustment as
the lot line would no longer run through the building.
Ithaca Landmarks Preservation Commission Recommendation:
Not applicable.
Ithaca Landmarks Preservation Commission Recommendation: Not applicable.
Motion: A motion to grant area variance #3281 for 203-207 Linden Avenue and 213 Linden Avenue was
made by J. Kirby.
Deliberations & Findings:
Board members had no objection to the proposed lot line adjustment and resulting zoning deficiencies. It
was noted that the request seeks to alleviate a building encroachment and that the zoning deficiencies are
unavoidable. The Board concluded that the appellant adequately demonstrated that there is no feasible
alternative and the benefit sought outweighs the fact that the request is substantial and self-created.
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 applicants are proposing a lot line adjustment that will result in no physical change to the
property. Any future changes that exacerbate the area deficiencies will require separate
consideration.
• Based on the submitted materials and observations of the area, the Board finds that the requested
variance will not result in an undesirable change on the character of the neighborhood or be a
detriment to nearby properties.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes No
• There is no alternative to the area variance that will eliminate the building encroachment.
3. Whether the requested variance is substantial: Yes No
• The side yard of the property at 203-207 Linden Avenue will have a side yard of 3.0’ at the
northern property line where a 5’ yard is required.
• The property at 213 Linden Avenue will have a side yard of 1.7’ at the southern property line
where a 5’ yard is required. An existing deficiency exists along this property line due to the 17.5’
building encroachment.
• However, the Board finds that, while proportionally substantial, the requested variances will not
have significant impacts on the neighborhood or nearby properties.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No
• The Board of Zoning Appeals does not identify additional adverse impacts on the physical or
environmental conditions of the neighborhood resulting from the requested variances.
5. Whether the alleged difficulty was self-created: Yes No
• The alleged difficulty is self-created in that the applicant is proposing a lot line adjustment that
creates zoning deficiencies.
• However, the Board finds that the benefit sought by applicant in alleviating the building
encroachment outweighs the fact that the deficiencies are self-created.
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 outweighs
the detriment to the neighborhood or community. The BZA further finds that the variances from the Zoning
Ordinance, §325-45E(3) and §325-45F(1) 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.
___________________________ October 1, 2024
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals