HomeMy WebLinkAboutBZA 3222 - 208 Hudson Street - Decision
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3222
Applicant: Hadi Darvish of Cloud Vending LLC, Property Owner
Property Location: 208 Hudson Street
Zoning District: R-2a
Applicable Section of City Zoning Code: §325-8, Columns 6, 7, 10, 11, 12, 13, 14/15; §325-25.
Requirement for Which Variance is Requested: Lot Area, Lot Width, Lot Coverage by Buildings, Front
Yard, Side Yard, Other Side Yard, and Rear Yard; Location of Accessory Structure
Publication Dates: June 30, 2022 and July 5, 2022.
Meeting Held On: July 5, 2022.
Summary: Appeal of property owner Hadi Darvish of Cloud Vending LLC for an area variance from
§325-8, Column 6, Lot Area; Column 7, Lot Width; Column 10, Lot Coverage by Buildings; Column 11,
Front Yard; Column 12, Side Yard; Column 13, Other Side Yard; and Column 14/15, Rear Yard
requirements of the Zoning Ordinance as well as §325-25, Location of Accessory Structure. The applicant
proposes to reconfigure the existing two-family dwelling at 208 Hudson Street to add an additional bedroom
to each unit. The additional bedrooms will be constructed within the existing footprint of the building. The
legal occupancy of Apartment 1 will remain at 3 residents, but the new bedroom in Apartment 2 will allow
an additional occupant in the upstairs apartment.1 While the occupancy of 3 unrelated residents per unit is
allowed in the R-2a district, the Zoning Ordinance does not allow an increase in occupancy on lots that do
not meet the minimum lot area requirements without an area variance. The property has a lot area of 2,200
SF, and the R-2a district requires a minimum lot area of 5,000 SF for a two-family dwelling. In addition,
the district regulations require a minimum lot width of 45’ at the street, and the property has 40.2’ of street
frontage.
The property also has existing deficiencies in lot coverage by buildings, front yard, both side yards, rear
yard, and location of accessory structure that will not be exacerbated by the proposal.
208 Hudson Street is located in the R-2a 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: July 5, 2022.
1 Occupancy of two-family dwellings is limited to three unrelated residents in each unit within all R-1 and R-2
zones.
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
Andre Gardiner
Joseph Kirby
David Barken, Chair
There were no comments in support of or in opposition to the requested appeal.
Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law:
Not applicable.
Environmental Review: This is a Type 2 Action under the City of Ithaca Environmental Quality Review
Ordinance and the State Environmental Quality Review Act and is not subject to Environmental Review.
Planning & Development Board Recommendation:
The Planning Board promotes density in this area of the city and this change is low impact to the community
as it does not create any exterior changes to the building or lot. They further find that this increases the city
housing stock which is a long-term planning goal and this change poses no long-term negative impacts to
planning.
Ithaca Landmarks Preservation Commission Recommendation:
Not applicable.
Motion: A motion to grant variance #3222 for 208 Hudson Street was made by M. Cannon.
Deliberations & Findings:
The Board noted that this proposal will not create any exterior changes to the property and the proposed
increase in occupancy is minimal and allowed within a two-family dwelling by the Zoning Ordinance.
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 applicant is proposing to increase the occupancy of the existing two-family dwelling by one
person. The two-family use and the associated proposed occupancy are in conformance with the
Zoning Ordinance. No exterior changes to the building are proposed and sufficient off-street
parking is provided on site.
• Based on the submitted materials, observations of the neighborhood, and testimony at the July 5th
BZA meeting, the Board finds that the requested variance will not produce an undesirable change
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
• 208 Hudson Street is deficient in the lot area requirements of the R-2a district, and any increase in
occupancy is not permitted unless an area variance is granted.
• The applicant could maintain the current occupancy of the building, but the proposed increase is
consistent with the permitted use and will not have any negative impacts on the neighborhood or
nearby properties.
3. Whether the requested variance is substantial: Yes No
• The property has multiple existing area deficiencies, and several may be considered substantial.
However, these are existing deficiencies that predate the Zoning Ordinance and will not be
exacerbated by the proposal.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No
• The requested variance is a Type II action that is predetermined to have no negative environmental
impact. Further environmental review is not required.
• Based on the submitted application materials and testimony of the applicant, the Board finds that
the requested variances will not have an adverse physical or environmental impact.
5. Whether the alleged difficulty was self-created: Yes No
• The property has multiple existing deficiencies that predate the Zoning Ordinance and are not self-
created. While the increase in occupancy is a request of the property owner, it does not exacerbate
the deficiencies.
Second Motion to Grant Variance: Made by D. Barken.
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, Columns 6, 7, 10, 11, 12, 13, 14/15, and §325-25 are the minimum variances that should
be granted in order to preserve and protect the character of the neighborhood and the health, safety, and
welfare of the community.
___________________________ July 5, 2022
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals