HomeMy WebLinkAboutBZA 3248 -109-111 Valentine Place - Decision
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3248
Applicant: Integrated Acquisition & Development
Property Location: 109-11 Valentine Place
Zoning District: R-3a
Applicable Section of City Zoning Code: §325-8, Columns 4 and 6.
Requirement for Which Variance is Requested: Off-Street Parking and Lot Area.
Publication Dates: April 27, 2023 and May 2, 2023.
Meeting Held On: May 2, 2023.
Summary: Appeal of Integrated Acquisition & Development, on behalf of property owner Valentine Place
Associates LLC, for an area variance from §325-8, Column 4, Off-Street Parking, and Colum 6, Lot Area,
requirements of the Zoning Ordinance. The applicant proposes to demolish the two existing multiple
dwellings at 109-111 Valentine Place and construct a new 4-story multiple dwelling with 25 apartments.
The minimum Lot Area requirement of the R-3a district is based on the number of dwelling units provided
on site. A minimum lot area of 22,500 SF is required for a 25-unit multiple dwelling, and the property is
21,901 SF, resulting in a deficiency of 599 SF. In addition, the proposed unit configuration requires 29 off-
street parking spaces; the applicant is proposing nine on-site parking spaces, resulting in a deficiency of 20
spaces. The property owner will allow tenants of the new building to utilize existing off -street parking in
one of the nearby Collegetown Terrace lots.
The applicant previously applied for an area variance for a previous version of this project. Based on
feedback from the Board, that application was withdrawn. The applicant has revised the project in response
to the Board’s comments.
109-111 Valentine Place is located in the R-3a zoning district in which the proposed use is permitted.
However, Section 325-38 requires that area variances be granted before a building permit is issued.
Public Hearing Held On: May 2, 2023.
There were no comments in support of the requested variances.
The following interested parties spoke or submitted comments in opposition to the requested variances:
- Gretchen Crognale, 933 E. State Street
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
Members present:
Michael Cannon
Donna Fleming
Marshall McCormick, Alternate
Andre Gardiner, Vice-Chair
Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law:
The Tompkins County Department of Planning & Sustainability finds that the requested variance will
have no significant county-wide or inter-community impacts.
Environmental Review: This variance is a component of an action that also includes site plan r eview.
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, made a Negative Determination of Environmental Significance on April 26,
2022.
Planning & Development Board Recommendation: The Lead Agency finds the applicants’ mitigations
for the off-street parking variance, which include a parking lot on a recently acquired adjacent parcel, a
large amount of parking available on the adjacent property, car share, transit accessibility, private shuttle,
and walkability to be substantial and do mitigate the need for on-site parking. The Lead Agency also
believes this is an appropriate location to achieve density and that the potential tenant population of students
are less likely to need and have cars. They find this is in line with that the city wants to accomplish in
Collegetown and nearby locations. The Lead Agency finds that due to the proposed unit mix in the proposed
apartment building it is actually not as dense as it could be with fewer units in terms of headcount. Further,
they support this variance as they support density in this location. They find no long-term effects to
planning. The Planning Board recognizes the extensive efforts by the applicants to mitigate and reduce their
variances since the last time the project was before them.
Ithaca Landmarks Preservation Commission Recommendation:
Not Applicable
Motion: A motion to grant variance #3248 109-111 Valentine Pl. was made by D. Fleming
Deliberations & Findings:
The Board found no feasible alternatives to this proposal, given that the applicant has attempted to
minimize the proposed deficiencies. While these are proportionally substantial requests the Board
finds that efforts made by the property owner have helped mitigate potential impacts. The Board
noted that the applicant has demonstrated there will be minimal to no impact from the parking
variance due to the availability of existing parking in combination with public transit and the
walkability of the neighborhood.
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 proposed project is located on a lot in the R-3a zone where multiple dwellings are a permitted
use. The immediate vicinity is home to single- and two-family homes, multiple dwellings
(including several multi-story apartment buildings) and parking garages.
• With regard to the Off-Street Parking variance, the proposal includes 9 parking spaces where 29
would be required by zoning. The Board finds, due to the provision of both off-site parking in close
proximity and a shuttle service for residents, that the impact to the neighborhood is minimal.
o With regard to the Lot Area variance, the applicant is proposing a lot area of 21,901 SF
when zoning would require a lot area of 22,500 SF, resulting in a deficiency of 599 SF.
The Board does not identify any detriment to nearby properties or the neighborhood from
this request.
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 and has taken
effort to reduce the area variances to the greatest extent possible.
3. Whether the requested variance is substantial: Yes No
• With regard to the Off-Street Parking variance, the proposal includes 9 parking spaces where 29
would be required by zoning, resulting is a deficiency of 20 spaces or 69% of the required parking.
While these are proportionally substantial requests the Board finds that efforts made by the property
owner have diminished the concerns surrounding the large deficiency.
• With regard to the Lot Area variance, the applicant is proposing a lot area of 21,901 SF when
zoning would require a lot area of 22,500 SF, resulting in a deficiency of 599 SF. The Board does
not find this to be a substantial request.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No
• The City of Ithaca Planning and Development Board, acting as lead agency, has conducted
appropriate environmental review and determined that the project with the requested variances will
have little to no impacts on the environment and issued a negative declaration of environmental
significance.
• The Board 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 self-created as the applicant has designed new construction that does not
meet the requirements of the Zoning Ordinance.
Second Motion to Grant Variance: Made by M. McCormick
Vote: 4-0-0
Marshall McCormick YES
Donna Fleming YES
Michael Cannon YES
Andre Gardiner, Vice- 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 4 and 6 are 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.
___________________________ May 2, 2023
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals