HomeMy WebLinkAboutZD - 305 Stewart Avenue - Determination Ltr
May 19, 2022
Bousquet Holstein PLLC
Attn: Randall Marcus
200 E. Buffalo Street, Suite 402
Ithaca, NY 14850
RE: 305 Stewart Avenue, Ithaca, NY
Dear Mr. Marcus:
I am writing at your request to provide a zoning determination on the property at 305 Stewart Avenue. The
property, most recently known as the Carriage House Café, has been operated as a legally nonconforming
restaurant in a B-2d zoning district. The Carriage House Café closed in December 2019 and has not
resumed its full operations. The property is now listed for sale, and the owners wish to determine whether
the property may be operated as a restaurant by a new owner.
The building at 305 Stewart Avenue was constructed in the 19th century as a carriage barn for the Gauntlett
family. The building is a contributing element of the East Hill Historic District. Since the time of
construction, the structure has been used as a carriage barn, a residence, a student center, and a restaurant.
The Carriage House Café was established in 2004, and the property received a Certificate of Occupancy
for the restaurant use on November 9, 2004. The property was located in a B-2a zone at the time, and
restaurants are a permitted use in the B-2a district. By March 1, 2006, the property had been rezoned B-
2d. Restaurants are not a permitted use in the B-2d district, and the Carriage House Café became a legal
non-conforming use. The City’s Zoning Ordinance permits the continuation of nonconforming uses that
existed and conformed to the use requirements of the district prior to a zoning amendment (§325-30A).
Any extension or enlargement of the nonconforming use requires that a use variance be granted by the
Board of Zoning Appeals (§325-32C(1)).
The Carriage House Café continued operating through December 2019. The restaurant has not resumed
full operations, but the owners utilized the restaurant for occasional retail sales of prepackaged items and
catering events from December 2020-Feburary 2021. The City’s Zoning Ordinance states that the
nonoperation of a nonconforming use for a period of 12 successive months shall terminate the right to
operate the nonconforming use (§325-33). However, the same section makes exception for cases of
national emergency and allows the nonconforming use to resume operation within 12 months of the end of
the emergency period. The COVID-19 pandemic constitutes a national emergency that has been further
managed at the state-level. The Governor of the State of New York, via Executive Order 11.6, has declared
a state disaster emergency that remains in effect through June 14, 2022. Therefore, the property at 305
Stewart Avenue maintains its established rights to the restaurant use in its current configuration, provided
that the current or future owner resumes the restaurant use by June 14, 2023, or within 12 months of the
expiration of a future executive order extending the current state of emergency. Failure to resume the
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
E-Mail: dgrunder@cityofithaca.org
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restaurant operation within 12 months of the expiration of the state of emergency shall terminate the
property’s established rights to a restaurant use.
Respectfully,
Megan Wilson
Zoning Administrator