HomeMy WebLinkAboutMN-BZA-2022-05-03Approved 6/7/2022
City of Ithaca Board of Zoning Appeals
Minutes – May 3, 2022
Board Members Present: David Barken, Chair
Michael Cannon
Andre Gardiner
Steven Henderson
Joseph Kirby
Staff Present: Bryan McCracken, Historic Preservation Planner
Megan Wilson, Zoning Administrator
Applicants: Jason Demarest, Greg Mezey, Chris Petrillose (Appeal #3217)
Ivana Isailovic (Appeal #3215)
Colin Tschida (Appeal #3216)
Tom Covell, Steve Hugo (Appeal #3198)
Chair D. Barken called the meeting to order at 6:04 pm and read the opening statement.
I. NEW APPEALS
APPEAL #3217 325 DRYDEN ROAD & 320 ELMWOOD AVENUE
Appeal of Jason K Demarest Architecture on behalf of property owners Red Door Rental and AdBro
Development for an area variance from Section 325-45.2E, Collegetown Residential 3 District Standards
for Maximum Building Length requirement of the Zoning Ordinance. The applicant proposes to demolish
the existing structures at 325 Dryden Road and 320 Elmwood Avenue and consolidate the two parcels into
a single lot with primary frontage on Dryden Road. The consolidated parcel will be located in two zoning
districts: CR-3 in the northern portion of the lot (original 325 Dryden Road parcel) and CR-2 in the
southern portion of the lot (320 Elmwood Avenue parcel). The applicant proposes to construct a new
multiple dwelling in the CR-3 district and a new two-family dwelling in the CR-2 district.
A previous area variance (BZA 3203) was granted by the BZA on April 12, 2022 for an earlier design of
this project. This appeal granted area variances for deficiencies in Off-Street Parking, Lot Coverage by
Buildings, Front Yard, Rear Yard, and Required Vegetative Buffer. At the same meeting, the BZA denied
a request for an area variance for Maximum Building Length. The applicants have redesigned the multiple
dwelling located in the CR-3 district to reduce the maximum building length. The building has been
reconfigured to have fewer apartments with more bedrooms per unit. The maximum building length has
been reduced to 50’ along both Dryden Road and Elmwood Avenue but this proposed length still exceeds
the maximum 45’ allowed by the Zoning Ordinance.
320 Elmwood Avenue is located in the CR-2 district and 325 Dryden Road is located in the CR-3 district
in which the proposed uses are permitted. However, Section 325-38 requires that area variances be granted
before a building permit is issued.
Jason Demarest presented the revised design for the multiple dwelling within the CR-3 district of the site
and explained the variance request for maximum building length.
Public Hearing
Chair D. Barken opened the public hearing.
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There were no comments in either support of or opposition to the appeal.
Staff read the Planning and Development Board’s recommendation on the appeal:
The Planning Board continues to not identify any negative long-term planning impacts and supports this
project.
There being no further comments from interested parties, Chair D. Barken closed the public hearing.
Deliberation & Decision
Members stated that they, along with the applicants, preferred the smaller unit configuration but understood
the economics of the situation. The applicants have indicated that this property is unique as a corner lot
located in two different zoning districts. While the proposed building still does not meet the maximum
building length requirement, it is much closer to the 45’ required by the Zoning Ordinance. No significant
impacts of the additional building length were identified.
The Board did note that their review of the longer building included the reduced lot coverage, and members
believe that the reduced lot coverage reduced the impacts of the longer building on neighborhood character.
The Board agreed that the building should meet the maximum lot coverage requirement of the CR-4 district
as a condition of this variance. In addition, the Board appreciated the efforts made to provide additional
parking on-site to accommodate the additional occupants permitted via this variance and Appeal #3203.
The Board agreed that the building length variance should be conditioned on the provision of 8 off-street
parking spaces on the site.
On a motion by M Cannon, seconded by D. Barken, the BZA voted 4-0-0 to approve Appeal #3217, with
the following conditions:
• The applicants shall provide 8 off-street parking spaces on the consolidated site.
• The building shall not exceed the maximum 40% lot coverage requirement of the CR-4 district.
APPEAL #3215 123 N. QUARRY STREET
Appeal of property owner Ivana Isailovic for area variance from §325-8, Column 4, Off-Street Parking,
requirements of the Zoning Ordinance. The property at 123 N. Quarry Street is currently a single-unit
multiple dwelling with 5 bedrooms and a maximum occupancy of 5 people. Two off-street parking spaces
are required for the current use, and those spaces are provided at the applicant’s property at 132 N. Quarry
Street, as allowed by §325-20 of the Zoning Ordinance.
The applicant is proposing to create a new two-bedroom apartment in the basement of the existing building.
The new apartment will require an additional off-street parking space, and the property will be required to
provide a total of three spaces. The applicant is seeking a variance for this additional space, stating that
she is unable to construct this space onsite or provide it within 500’ of the property. The applicant will
continue to provide the 2 parking spaces required for the existing multiple dwelling at 132 N. Quarry Street.
The property is located in an R-3a residential use district in which the proposed use is permitted.
However, Section 325-38 requires that an area variance be granted before a building permit is issued.
Ivana Isailovic presented her appeal. Board members questioned what methods were used to determine
parking was unavailable to lease within 500’.
Public Hearing
Chair D. Barken opened the public hearing.
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The following interested party submitted comments in support of the appeal:
• Theresa Alt and Wayles Browne, 206 Eddy Street
There were no comments in opposition to the appeal.
Staff read the Planning and Development Board’s recommendation on the appeal:
The Planning Board supports density where appropriate in the city, such as the location of this proposed
multi-family house, as well they support home improvement and ownership investments in older homes
and neighborhoods that do not involve new development. The Planning board finds no long-term negative
impacts to planning as there is on-street parking available and the multi-family house is in a walkable
student location, close to the Cornell campus.
Staff read the Ithaca Landmark’s Preservation Commission’s recommendation on the appeal:
The members of the ILPC reviewed BZA 3215 - 123 N. Quarry Street at their regularly scheduled meeting
on April 19, 2022. The property is located in the local East Hill Historic District. Relief from constructing
an additional parking space prevents the need to significantly alter the exterior of the property; therefore,
the Commission supports the application. However, the Commission noted the request originates from the
owner's desire to convert the single-family, formerly owner-occupied home into a duplex. Although the
use of the property is outside of the purview of the ILPC, the members expressed a lack of support for this
conversion as it will likely lead to changes that are not in keeping with the historic character of the property
and historic district.
There being no further comments from interested parties, Chair D. Barken closed the public hearing.
Deliberation & Decision
The Board discussed the appeal and noted that there are no identified impacts of the requested variance.
The ILPC’s concern was discussed, and Board members noted that while they understand the concern, the
area is zoned for multiple dwellings. The single parking space variance will not create additional traffic
impacts.
It was also noted that the Board has heard from multiple property owners that off-street parking is
unavailable to rent in this particular neighborhood. The ILPC has expressed concern about modifying the
site to provide a parking space and the impacts this would have on the historic district. The property owner
has indicated that it would be prohibitively expensive to do this as well, due to the topography of the site.
On a motion by J. Kirby, seconded by M Cannon, the BZA voted 4-0-0 to approve Appeal #3216.
APPEAL #3216 204 HOMESTEAD TERRACE
Appeal of property owners Colin and Katie Tschida for area variance from §325-8, Column 11, Front Yard,
requirements of the Zoning Ordinance. The applicants propose to replace the existing front stoop at 204
Homestead Terrace with a larger front porch. The property has an existing front yard deficiency, with the
existing stoop and front steps located 22’ of the required 25’ from the property line. The new front porch
and steps will exacerbate this deficiency and will reduce the front yard to 18’.
The property is located in an R-1a district in which the proposed use is permitted. However, Section 325-
38 requires that an area variance be granted before a building permit is issued.
Property owner Colin Tschida presented the appeal to the Board. Board members questioned the location
of the proposed porch in relation to both the property line and the street.
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Public Hearing
Chair D. Barken opened the public hearing.
The following interested party submitted comments in support of the appeal:
• Brenda and George Golden, 104 Woodcrest Terrace
There were no comments in opposition to the appeal.
Staff read the Planning and Development Board’s recommendation on the appeal:
The Planning Board supports home improvement and ownership investments in homes and neighborhoods.
They find the addition of porch to be an improvement to the property’s appearance and aligned with
neighborhood character. The Board finds no long-term negative impacts to planning.
There being no further comments from interested parties, Chair D. Barken closed the public hearing.
Deliberation & Decision
The Board noted that the proposed porch is a modest and attractive design. It will be an improvement to
the property and will serve an important function for the homeowners. No negative impacts on nearby
properties or the neighborhood were identified.
On a motion by M. Cannon, seconded by J. Kirby, the BZA voted 4-0-0 to approve Appeal #3216.
II. CONTINUED APPEALS
APPEAL #3198 228 DYRDEN ROAD
Appeal of HOLT Architects on behalf of property owner Boris Simkin for an area variance from Section
325-45.2F, Collegetown Residential 4 (CR-4) District Standards for Lot Coverage by Buildings. The
applicant proposes to demolish the existing structure and construct a new row house on the property at 228
Dryden Road. The building will be four stories tall with an occupiable basement below grade and will
provide 35 residential units. The proposed building will be deficient in the maximum lot coverage by
buildings requirement of the Zoning Ordinance. The property is permitted 50% lot coverage by buildings.
The proposed project will cover 58.8% percent of the lot with buildings and will exceed the minimum green
space requirement.
The applicant presented an original proposal for this project at the November 2021 BZA meeting and a
revised design at the April 2022 meeting. Based on the latest feedback from the BZA, the applicant has
again revised the project to meet the definition of a “row house” as defined by the Zoning Ordinance. The
design changes have eliminated the April 2022 building length and rear yard variance requests. The
applicant is now seeking a variance for maximum lot coverage by buildings.
228 Dryden Road is located in a CR-4 district in which the proposed use is permitted. However, Section
325-38 requires that an area variance be granted before a building permit is issued.
Steve Hugo presented an overview of the project and highlighted design changes from the previously
presented version of the project. Board members asked questions regarding the proposed balconies and
patios; the feasibility of meeting the maximum lot coverage requirement; and proposed landscaping.
Public Hearing
The Board of Zoning Appeals resumed the public hearing opened on April 12, 2022.
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There were no new comments in either support of or opposition to the appeal.
Staff read the Planning and Development Board’s recommendation on the appeal:
The Planning Board continues to not identify any negative long-term planning impacts and supports this
appeal, as they did in October 2021. The Planning Board appreciates the applicants’ willingness to reduce
the variances throughout this time, particularly appreciated that the project now meets the green space
requirement. They are supportive of the maximum lot coverage deficiency due to the nature of project site
which is very steep and additional coverage was needed to provide accessible ramps.
There being no further comments from interested parties, Chair D. Barken closed the public hearing.
Deliberation & Decision
The Board appreciated the applicant’s efforts to address the Board’s previous comments on the project.
The Board noted that the property at 228 Dryden Road is an extremely difficult site with significant
topography challenges. Board members noted that the lot coverage request is arguably substantial but is
needed to provide accessibility without drastically reducing the size of dwelling units. The increased lot
coverage will likely be imperceptible from the street, as the additional building area is provided at the rear
of the structure.
On a motion by D. Barken, seconded by M. Cannon, the BZA voted 4-0-0 to approve Appeal #3198, with
the following conditions.
• The applicant must provide a robust landscaping plan, as requested by the Planning and
Development Board, for approval during the site plan review process to help screen the larger
building.
III. PRELIMINARY PRESENTATIONS – NONE
IV. ADMINISTRATIVE MATTERS
a. Special BZA Meeting Date: The BZA will hold a special meeting on Monday, May 9th at
12:00 pm via Zoom to catch up on minutes.
b. June Agenda Review: There are 4 appeals currently scheduled for June: 3 area variance
appeals and 1 sign appeal.
V. APPROVAL OF MINUTES – NONE
VI. ADJOURNMENT – Chair D. Barken adjourned the meeting at 7:48 pm.
Respectfully submitted,
___________________________ May 3, 2022
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals
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SUBMITTED PUBLIC COMMENTS
Appeal #3215
To the Board of Zoning Appeals
Our property at 206 Eddy Street touches or nearly touches at the back corner on the property at 123 North
Quarry Street.
Regarding the addition of a second basement apartment and a variance from off-street parking
requirements, we regard both requests as thoroughly appropriate. We welcome new neighbors. And at
that address they should have no need for a car. We have lived without a owning a car since 1993 and can
provide advice.
Sincerely,
Theresa F. Alt and Wayles Browne
206 Eddy Street
Appeal #3216
We live in the next block at 104 Woodcrest Terrace. We have no problem with the Tschida’s request to
add a front porch to their home at 204 Homestead Terrace to replace the existing front stoop. It will look
great fit nicely with their house and property and we support their request to go forward with this project.
Brenda and George Golden
104 Woodcrest Terrace