HomeMy WebLinkAboutBZA 3247 - 309 E Lincoln Street - Decision-1
CITY OF ITHACA BOARD of ZONING APPEALS
Modification of Use Variance Findings & Decision
Appeal No.: 3247
Applicant: Rick Page
Property Location: 309 E. Lincoln Street
Zoning District: R-2b
Applicable Section of City Zoning Code: §325-8, Column 1
Requirement for Which Variance is Requested: Permitted Primary Use
Publication Dates: February 2, 2023 and February 7, 2023.
Meeting Held On: February 7, 2023.
Summary: Appeal of property owner Rick Page for a modification to a previously granted use variance
for §325-8, Column 1 – Permitted Primary Use requirement of the Zoning Ordinance. The property at 311
E. Lincoln Street has multiple commercial spaces, including a hair salon, a professional office, and a
restaurant. The property is located in the R-2b district, in which commercial uses are not permitted, but all
of the nonconforming uses onsite have been permitted by either use variance or special permit. The Lincoln
Street Diner, located at 309 E. Lincoln Street, operates under a use variance for a restaurant use that was
granted in August 1963. This variance was conditioned on (1) the restaurant closing at 8 p.m. and (2) the
restaurant being closed on Sundays. The applicant now seeks a modification of this condition to allow the
restaurant to operate seven days a week.
Public Hearing Held On: February 7, 2023.
Members present:
Michael Cannon
Andre Gardiner
Donna Fleming
Joseph Kirby
David Barken, Chair
The following interested parties submitted comments or spoke in opposition to the requested variance:
Pam and Joe Gainey, 308 E. Lincoln Street
The following interested parties submitted comments or spoke in support of the requested variance:
Kate Gefell, 408 E. Lincoln Street
Veronica Pillar, 1108 N. Aurora Street
Emma Terwilliger, 204 Queen 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
Dominick Recckio, 204 Queen Street
Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law:
Not applicable.
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 3247, a use variance modification for the
property located at 309 E. Lincoln Street in the City of Ithaca. The Board has reviewed the Short
Environmental Assessment Form (SEAF), dated January 18, 2023, and determines that the requested
variance will result in no significant impact on the environment.
Planning & Development Board Recommendation:
The Planning Board supports this use variance modification as they support local businesses, feel this is a
needed good use in a residential zone, is a community gathering amenity, and also note the owner engaged
in community outreach regarding this variance and the community response was mainly positive. The
Planning Board finds no long-term negative impacts to planning.
Ithaca Landmarks Preservation Commission Recommendation:
Not Applicable
Motion: A motion to grant variance #3247 309 E. Lincoln. was made by M. Cannon.
Deliberations & Findings:
Board members noted that they did not have concerns with allowing the diner to operate seven days a week.
The condition was intended to mitigate impacts, not impede a business’s viability. The climate has changed
a lot since the original variance was granted, which was a time when businesses were commonly closed on
Sundays and/or another day per week. Businesses are now often open 7-days a week with longer hours.
Board members added that this request is different from an expansion or enlargement of a nonconforming
use and does not pose the same impacts that an expansion of the diner use might have.
Factors Considered:
1. Whether the proposed modification will have an undesirable impact on the character of the
neighborhood or the health, safety, or welfare of the community: Yes No
The proposed modification will allow the Lincoln Street Diner to operate seven days per week, instead of
the current six days of operation. No expansion to the existing restaurant or other physical changes to the
property are proposed. This use variance was approved in 1963 and the business climate is considerably
different than it is now.
2. Whether there is a feasible alternative to achieve the benefit the applicant seeks without modifying
the conditions of the use variance: Yes No
The condition of the 1963 use variance specifically limits the Diner to operation on Monday-Saturday.
3. Whether the proposed modification will significantly alter the mitigation the original variance
sought to achieve: Yes No
The condition to limit the hours and days of operation was adopted by the Board of Zoning Appeals upon
approval of a use variance in 1963 to help offset the business impacts of an expanded restaurant on the
immediate residential neighborhood. The elimination of this condition will significantly alter the mitigation
that the original variance sought to achieve. However, the Board finds that the original mitigation is no
longer necessary to protect the character of the neighborhood. No negative impacts of the Diner’s operation
have been identified, and the business climate has changed dramatically since the approval of the use
variance.
4. Whether the neighborhood or property has changed significantly since the variance was granted
such that modifying the condition is now appropriate: Yes No
The uses and physical characteristics of the neighborhood have not changed significantly since the variance
was granted. However, there is now a stronger acceptance of, and even a desire for, small businesses that
serve the neighborhood to be located within or near residential areas. The Lincoln Street Diner is an
established local business that has served the community for many years with few complaints about
neighborhood impacts during its operation.
Second Motion to Grant Variance: Made by J. Kirby.
Vote: 5-0-0
David Barken YES
Michael Cannon YES
Donna Fleming YES
Joseph Kirby YES
Andre Gardiner, Vice Chair YES
Determination of the BZA Based on the Above Factors:
The BZA, taking into consideration the four factors for the modification of a use variance, finds that the
benefit to the applicants outweighs the detriment to the neighborhood or community. The BZA further
finds that the modification of the condition of BZA581, a use variance from the Zoning Ordinance, §325-
8, Column 1, is the minimum variance that should be granted to address the unnecessary hardship proven
by the applicant, and at the same time preserve and protect the character of the neighborhood and the health,
safety and welfare of the community.
___________________________ February 7, 2023
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals