HomeMy WebLinkAboutBZA 3259 - 413 N Tioga Street - Decision
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3259
Applicant: Meatball Properties, LLC
Property Location: 413 N. Tioga Street
Zoning District: C-SU
Applicable Section of City Zoning Code: §325-8, Column 4
Requirement for Which Variance is Requested: Off-Street Parking
Publication Dates: December 7, 2023 and December 12, 2023.
Meeting Held On: December 12, 2023
Summary: Appeal of property owner, Meatball Properties, LLC, for an area variance from Section 325-
8, Column 4, Off Street Parking, requirement of the Zoning Ordinance. The applicant proposes to provide
no off-street parking spaces for their multiple dwelling at 413 N. Tioga Street. The property owner has
leased the required off-street parking since the building was converted to a multiple dwelling in 2008. The
previous parking lease has been discontinued, and the property owner is unable to find other parking spaces
to lease. The owner is now seeking a variance from all required off-street parking (3 spaces). The property
provides no off-street parking spaces, resulting in a deficiency of 100%.
The property received area variances for the Lot Size, Street Frontage, Front, Side and Rear Yard
requirements of the zoning ordinance on August 25, 2008 (BZA #2763).
Public Hearing Held On: December 12, 2023
Members present:
Michael Cannon
Andre Gardiner
Joseph Kirby
David Barken, Chair
There were no comments from interested parties in support of the appeal.
Brian Grout, 428 & 430 N. Aurora Street, submitted comments in opposition to the appeal.
Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law:
Not applicable.
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
Environmental Review: This is an Unlisted Action under the City of Ithaca Environmental Quality
Review Ordinance (“CEQRO”), and State Environmental Quality Review Act (“SEQRA”), and is subject
to Environmental Review. The City of Ithaca Board of Zoning Appeals hereby declares itself Lead Agency
for the environmental review for the approval of zoning appeal 3259, an area variance for the property
located at 413 N. Tioga Street in the City of Ithaca. The Board has reviewed the Short Environmental
Assessment Form (SEAF), dated October 24, 2023, and determines that the requested variance will result
in no significant impact on the environment.
Planning & Development Board Recommendation: The Planning Board fully supports this variance for
the three parking spaces as the house is in close proximity to downtown making it a very walkable location.
The Board also notes there is plenty of on-street parking on Tioga and there is no visible change to the
property with this appeal. Further, the Board finds no long-term negative impacts to planning.
Ithaca Landmarks Preservation Commission Recommendation: Not Applicable
Motion: A motion to grant variance #3259 for 413 N. Tioga Street was made by D. Barken.
Deliberations & Findings:
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 property is located in a location that has access to alternative forms of travel. Many properties
do not have driveways in this area and residents utilize on-street parking.
• The board finds that no undesirable change would be produced in the character of the neighborhood.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes No
• The applicant has demonstrated that there is no feasible alternative to the variances. It is not
possible to provide parking on-site and the applicant has provided testimony that leased spaces are
unavailable for a multi-year lease period.
3. Whether the requested variance is substantial: Yes No
• The requested variance is substantial as the applicant is asking for a 100% variance from the Zoning
Ordinance.
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 off-street parking and lot area
deficiencies.
5. Whether the alleged difficulty was self-created: Yes No
• The alleged difficulty is not self-created in that the property was constructed prior to the adoption
of local zoning and cannot meet the requirements of the C-SU district.
Second Motion to Grant Variance: Made by J. Kirby
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 4, 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.
___________________________ December 12, 2023
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals