HomeMy WebLinkAboutBZA 3220 - 222 S Geneva Street - Decision
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3220
Applicant: Ed Cope, Property Owner
Property Location: 222 S. Geneva Street
Zoning District: R-3aa
Applicable Section of City Zoning Code: §325-8, Column 10.
Requirement for Which Variance is Requested: Lot Coverage by Buildings.
Publication Dates: June 2, 2022 and June 6, 2022.
Meeting Held On: June 7, 2022.
Summary: Appeal of property owner Ed Cope for an area variance from §325-8, Column 10, Lot Coverage
by Buildings requirement of the Zoning Ordinance. The applicant is currently reconfiguring the existing
multiple dwelling at 222 S. Geneva Street to provide 11 bedrooms. To complete the project, the applicant
must provide a ramp and an Area of Rescue to accommodate accessibility to the building. The project has
an existing deficiency in lot coverage by buildings1, and the addition of a small deck and landing will
increase the lot coverage by buildings to 61.8%. The R-3aa district limits lot coverage by buildings to 35%.
222 S. Geneva Street is located in the Henry St. John Historic District, and all proposals for exterior
alterations must be reviewed by the Ithaca Landmarks Preservation Commission (ILPC). The ILPC
approved the proposed project on January 18, 2022.
The property has existing deficiencies in off-street parking, lot area, lot width, front yard, both side yards,
and rear yard that will not be exacerbated by the proposal. Area variance #3178 was granted for these
deficiencies in April 2021.
Public Hearing Held On: June 7, 2022.
Members present:
Michael Cannon
Andre Gardiner
Joseph Kirby
1 The BZA granted an area variance for lot coverage by buildings in April 2021. As the project moved into the
preparation of construction documents, more accurate measurements of the existing building were taken, and existing
lot coverage in April 2021 was, and remains today, 60.2%. The applicant seeks to correct this error included in area
variance #3178.
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
David Barken, Chair
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 encourage building renovations that facilitate ADA-accessibility and support this
variance to make the building accessible by adding a ramp and an Area of Rescue.
Ithaca Landmarks Preservation Commission Recommendation:
The Ithaca Landmarks Preservation Commission approved this project on January 18, 2022.
Motion: A motion to grant variance #3220 for 222 S. Geneva Street was made by A. Gardiner.
Deliberations & Findings:
The Board noted that the proposed project is adding minimally to the existing variance but is necessary
for accessibility of the renovated structure. No feasible alternative could be identified by the Board or the
applicant.
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 new deck, which serves as an area of rescue, further exacerbates an existing deficiency in lot
coverage by buildings. This deck will be located at the rear of the property and will not be visible
from the street.
• The Board has not received any comments from interested parties on this variance request.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes No
• The property is a locally-designated historic resource that was constructed prior to the adoption of
the City’s first Zoning Ordinance. The property has multiple existing area deficiencies, including
lot coverage by buildings, and it is not feasible for the property to meet the requirements of the R-
3aa district.
• Given the floor plan and elevation of the structure, there are no feasible alternatives that would
provide accessible access and an area of rescue without exacerbating the existing lot coverage by
buildings deficiency.
3. Whether the requested variance is substantial: Yes No
• The new proposal will result in a lot coverage by buildings of 61.8%; the R-3aa district allows 35%
lot coverage. While this is a substantial request, the property has an existing lot coverage by
buildings of 60.2%. The new deck and landings will add 69.5 SF to the building footprint.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No
• Based on the submitted materials and testimony of the applicant, there is no evidence of adverse
physical or environmental impacts resulting from the lot coverage deficiency.
5. Whether the alleged difficulty was self-created: Yes No
• The alleged difficulty is not self-created in that the property was constructed prior to the adoption
of local zoning and cannot meet the requirements of the R-3aa district. While the proposed project
will exacerbate an existing deficiency, it will accommodate accessible access and an area of rescue
for people with disabilities, as required by NYS Code.
Second Motion to Grant Variance: Made by M. Cannon
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, Column 10, is 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.
___________________________ June 7, 2022
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals