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HomeMy WebLinkAboutBZA 3156-719-725 S. Meadow St.-Decision Letter 4-7-2020 00 on CITY OF IT AC 108 E . Green Street 3rd Floor Ithaca , NY 14850 - 5690 � d ' d DEPARTMENT OF ' BUILDING , ' EVE Division of Zoning f r ® � Gino a nardi , Secretary to the Board of Zoning Appeals Telephone : 607 - 274 - 6550 Fax : 607 -274 - 6558 &Mail : gleonardi@cityofithaca . org CITY OF ITHACA BOARD of ZONING APPEALS Area Variance Findings & Decision Appeal No . . 3156 Applicant : Lone Cattle Ithaca, LLC , Owner Property Location : 719 - 725 S . Meadow Street Zoning District : SW-2 Applicable Section of City Zoning Code : Section 325 - 8 , Column 5 , Column 11 , and 325 -29 . 2 B (2 ) . Requirement for Which Variance is Requested : Off- Street Loading, Front Yard Setback for the SW-2 Zone Publication Dates : April 1 , 2020 and April 3 , 2020 . Meeting Held On : April 7 , 2020 . (Meeting held on Zoom Platform) Summary : Appeal of Lone Cattle Ithaca, LLC for an Area Variance from Section 325 - 8 , Column 5 , Off- Street Loading, Column 11 and 325 -29 . 2 B (2 ) , Front Yard setback for the SW- 2 zone . The applicant proposes to subdivide the parcel located at 719 - 725 S . Meadow Street into three separate parcels . The proposed parcels will be known as 719 , 723 , and 725 S . Meadow Street . In order to subdivide the parcel , the resulting parcels must comply with the current zoning requirements for the SW-2 zone district . The building located at 719 S . Meadow Street, is deficient in the required number of loading spaces , having 0 of the 1 space required by the ordinance . 719 S . Meadow Street is also deficient in the required front yard setback from the curb . In the SW- 2 zone , buildings are required to be setback 15 - 34 feet from the curb , the existing building setback is 40 . 58 feet from the curb . The building at 723 S . Meadow Street is deficient in loading spaces having 1 of the 3 loading spaces required . The parcel addressed 725 S . Meadow Street was issued a Certificate of Occupancy in 2016 and is compliant with the zoning regulations . The property is located in an SW- 2 use district in which the proposed use is permitted . However , Section 325 - 3 8 requires that an area variance be granted before a building permit is issued . Public Hearing Held On : April 7 , 2020 . No public comments in favor or in opposition . Members present : Steven Beer , Chair Teresa Deschanes Steven Wolf Stephanie Egan-Engels Suzanne Charles 1 Tompkins County Review per Section 239 - 1 & - m of New York State General Municipal Law : N/A . Environmental Review : This variance is a component of an action that also includes subdivision review . Considered together, this is an Unlisted 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 March 31 , 2020 . Planning & Development Board Recommendation : The Planning Board does not identify any negative long term planning impacts and supports this appeal as there are no physical changes proposed for the property. It should be noted that the applicant must file easement agreements with the subdivision to maintain access between properties . Motion : A motion to grant the variance request was made by Teresa Deschanes . 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 LL] The Board finds that there would not be an undesirable change in the character of the neighborhood or determine to the nearby properties . There would be no physical change in the existing properties nor in the use of the existing buildings . 2 . Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance : Yes 0 No The Board found that the benefit to the applicant could not be achieved without the granting of a variance for these existing deficiencies . The parcel cannot be subdivided without bring the proposed parcels into compliance . The applicant is seeking to utilize these buildings advantageously and to manage them separately . 3 . Whether the requested variance is substantial : Yes ❑ No The variance request is not substantial because there is no physical changes . The proposed subdivision does not initiate a possible change in the use or the development of the property . Any action to add or change the buildings would have to be brought to the Planning Board for consideration . t on the physical or environmental conditions in the 4 . Would the variance have an adverse impac neighborhood : Yes No The variance would not have an adverse impact on the physical or environmental conditions of the neighborhood . The variances would not bring any changes to the current physical or environmental conditions . Specifically, the deficiency of the loading spaces for the buildings . The two buildings already have a deficiency in loading spaces and have operated as such . Previously the buildings , although on the same parcel , did not share the loading spaces . Therefore , there would be no physical change in the operation of the buildings even though they would be located on separate parcels . 2 5 . Whether the alleged difficulty was self- created : Yes ® No ❑ The Board finds that the alleged difficulty is self- created in as much as the applicant does not need to subdivide the parcel . However , this factor is outweighed by the many positive changes addressed in the other factors . Second Motion to Grant Variance : Made by Stephanie Egan-Engels . Vote . Steven Beer, Chair Yes Teresa Deschanes Yes Steven Wolf Yes Stephanie Egan-Engels Yes Suzanne Charles Yes Determination of BZA Based on the Above Factors : The BZA, taking into consideration the five factors , finds that the Benefit to the Applicant outweighs the Determinant to the Neighborhood or Community . The BZA further finds that variances from Zoning Ordinance , Section 325 - 8 , Column 5 , 11 , and 325 - 29 . 2 B (2 ) 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 . April 13 , 2020 Gin onar Zoning Administrator Date Secretary, Board of Zoning Appeals 3