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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