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Home My WebLink AboutBZA 3272 - 218 E Falls Street - Decision CITY OF ITHACA BOARD of ZONING APPEALS Area Variance Findings & Decision Appeal No.: 3272 Applicant: Simon Wheeler Property Location: 218 E. Falls Street Zoning District: R-2b Applicable Section of City Zoning Code: §325-8 Columns 6, 7, 12 and 13 Requirement for Which Variance is Requested: Lot Area, Lot Width, Side Yard and Other Side Yard Publication Dates: March 29, 2024 and April 2, 2024. Meeting Held On: April 2, 2024. Summary: Appeal of property owner Simon Wheeler, for an area variance from §325-8, Column 6, Lot Area; Column 7, Lot Width; Column 12, Side Yard; and Column 13, Other Side Yard, requirements of the Zoning Ordinance. The applicant proposes to construct a new 2-story 200 SF addition to replace an existing 1-story 74 SF addition at the rear of the existing house. The new addition will meet all of the area requirements of the R-2b district. However, the applicant proposes to construct a new landing and steps on the west side of the house. This portion of the house is setback 11.6’ from the side property line, and the construction of the new steps and landing will reduce the side yard to 7.6’ when a minimum 10’ side yard is required. The property has existing deficiencies in lot area, lot width, and other side yard that will not be exacerbated by this proposal. Public Hearing Held On: April 2, 2024. Philip Koons and Kathy Earnest-Koons, 1107 N. Tioga Street, submitted written comments in support of the appeal. Members present: David Barken, Chair Andre Gardiner Michael Cannon Donna Fleming Joseph Kirby CITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Zoning Megan Wilson, Secretary to the Board of Zoning Appeals Telephone: 607-274-6550 Fax: 607-274-6558 E-Mail: mwilson@cityofithaca.org 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 supports this variance. They find no negative long-term impacts to planning and support property owners investing in and renovating their homes. Ithaca Landmarks Preservation Commission Recommendation: Not Applicable Motion: A motion to grant variance #3272 218 E. Falls Street was made by M. Cannon. Deliberations & Findings: The Board acknowledged that many of the homes on E. Falls Street are not compliant with the existing zoning setbacks and found that the proposed variances, with exception of the side yard variance, are not exacerbated by the proposal. The Board finds that the side yard variance is compatible with the neighborhood. Members noted that it would be impossible to find a viable alternative project that would be fully zoning-compliant. 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 applicant proposes a side yard of 7.6’. The average side yard of homes on the block in this zone is roughly 8’. The property has existing deficiencies in lot area, lot width, and other side yard that will not be exacerbated by this proposal. The requested area variances will not produce an undesirable change in the character of the neighborhood as the proposal is consistent with the existing built environment. The narrowest part of the side yard will be located toward the rear of the property and will have minimal visual impact. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes No The Board finds that the applicant has demonstrated that there is no feasible alternative to the variances. 3. Whether the requested variance is substantial: Yes No The proposal will exacerbate an existing side yard deficiency by 1’ (currently 8.6’). The new side yard will be 7.6’ on a lot where the minimum side yard required by zoning is 10’ resulting in a deficiency of 24%. The property has existing deficiencies in lot area, lot width, and other side yard that will not be exacerbated by this proposal. The Board finds that the requested variance is not substantial. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes No Based on the submitted application materials, testimony of the applicant, and observations of existing conditions, the Board does not find any evidence of adverse physical or environmental conditions. 5. Whether the alleged difficulty was self-created: Yes No The alleged difficulty is self-created as the applicant has designed new construction that does not meet the requirements of the Zoning Ordinance. However, the property has multiple existing deficiencies that predate the adoption of the Zoning Ordinance. The new stairs and landing will exacerbate the existing side yard deficiency but will have no impacts on the neighborhood. Second Motion to Grant Variance: Made by A. Gardiner. Vote: 5-0-0 Andre Gardiner YES Donna Fleming YES Michael Cannon 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 Columns 6, 7, 12 and 13 are the minimum variances that should be granted in order to preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. ___________________________ April 4, 2024 Megan Wilson, Zoning Administrator Date Secretary, Board of Zoning Appeals