The URL can be used to link to this page

Home My WebLink AboutMN-BZA-2023-02-07City of Ithaca Board of Zoning Appeals Minutes – February 7, 2023 Board Members Present: David Barken, Chair Via Zoom Link Michael Cannon Donna Fleming Andre Gardiner Joseph Kirby Staff Present: Megan Wilson, Deputy Director of Planning and Development Samuel Quinn-Jacobs, Assistant Planner Applicants: Erik Reynolds, SWBR Architects and Laura Mattos, Visum Development (BZA #3234) Rick Page, Property Owner and Chris O’Brien, Business Owner (BZA # 3247) Vice Chair A. Gardiner, called the meeting to order at 5:35 pm and read the opening statement. I. TELECOMMUNICATIONS APPEALS - NONE II. NEW APPEALS APPEAL #3234 121-125 Lake Street Appeal of SWBR Architects on behalf of property owner Visum Development for an area variance from Section 325-8, Column 8- Height in Stories; Column 9 – Height in Feet; and Column 14/15 – Rear Yard requirements of the Zoning Ordinance. The applicant proposes to construct a new five-story, 77-unit apartment building on the east parcel of the former Ithaca Gun Factory site, located at 121-125 Lake Street. Prior to construction, the applicant will remediate the site, under the review of the NYSDEC. The project will include the construction of the apartment building and site improvements to create access to the adjacent City-owned natural area. The R-3a zoning regulations limit the height of the building to four stories and 40’. Due to the topography of the site, the proposed building is five stories in height, with the majority of the lowest level located below grade. Additionally, the building will be 49’ above grade plane in a district where a maximum of 40’ is permitted. The applicant also seeks a variance from the rear yard requirement of 50’. The proposed building will be located 26’ 7” from the rear property line at the narrowest point. 121-125 Lake Street is located in a R-3a 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. Board of Zoning Appeals February 7, 2023-Meeting Minutes 2 Erik Reynolds and Laura Mattos presented on behalf of appellant, Visum Development. E. Reynolds presented changes to the project including details about a sidewalk extension farther down Lake St, and the overlook which will include a pedestrian bridge. L. Mattos spoke about the location of the HVAC equipment which is included in the new plans to balance out the topography of the building. L. Mattos explained to the Board the public benefits of the proposal. Board members discussed with the appellant the height of the building and how the topography of the site led to the request of variances and asked questions about the operation of the overlook. The board discussed amongst themselves if the public benefits of the proposal outweigh the impacts to the community and zoning. Public Hearing Vice Chair A. Gardiner opened the public hearing. The following interested parties submitted comments or spoke in opposition to the request: - Gamma Theta Property Association, 230 Willard Way Staff read the Planning and Development Board’s recommendation on the appeal: The Lead Agency supports the two height variances in feet and stories as the topography on the site is very variable which has the effect of the building presenting primarily as a four-story building. They also find a 11’ floor to floor ratio is not outside the norm and is justified as it includes the interstitial space for ductwork, lights, etc. This adds to the height of the building. The Lead Agency also indicates and emphasizes the public access to the gorge, the public bridge and the overlook, the sidewalk extension up Lake Street, and the clean-up of the site are all at the applicant’s expense so having a taller building helps to offset the expenses of these community benefits. The Lead Agency finds the rear yard variance is mitigated by the large grade difference between this site and adjoining property so that it minimizes any impact to the adjacent property. The Lead Agency agrees with the logic presented by the applicants provided it is in compliance with the requirements in the executed Development Agreement with the City. They find no long- term negative impacts to planning. There being no further comments from interested parties, Vice Chair A. Gardiner closed the public hearing. Deliberation & Decision Board members stated that they do not identify any significant negative impacts on the neighborhood or nearby properties. The environmental cleanup of the site will be a huge community benefit to both the local neighborhood and the broader community. This site has proven difficult to clean up and develop in the past, and the proposed project will be a positive change within the area. The topography of the site makes it very difficult to develop. The additional height will not be readily visible from the street or nearby properties. Several members noted that the site locations immediately adjacent to the natural area helps mitigate the impacts of the reduced rear yard, as Board of Zoning Appeals February 7, 2023-Meeting Minutes 3 that area will not be developed in the future. While the requests are substantial, the uniqueness of the site coupled with the uniqueness of the project’s community benefits outweigh any detriment to neighboring properties or the community. Board members also noted that the siting of the building and overall design reflect the applicant’s goal of meeting the intent of the zoning and as many individual requirements as possible. The board also discussed that original factory on the site was a substantial structure in terms of both height and lot coverage so the proposed building is in context with the historic character of the site. On a motion by J. Kirby, seconded by D. Fleming the BZA voted 5-0-0 to approve Appeal #3234 121-125 Lake Street. ______________________________________________________________________________ APPEAL #3247 309 E. Lincoln Street Appeal of property owner Rick Page for a modification to a previously granted use variance for §325-8, Column 1 – Permitted Primary Use requirement of the Zoning Ordinance. The property at 311 E. Lincoln Street has multiple commercial spaces, including a hair salon, a professional office, and a restaurant. The property is located in the R-2b district, in which commercial uses are not permitted, but all of the nonconforming uses onsite have been permitted by either use variance or special permit. The Lincoln Street Diner, located at 309 E. Lincoln Street, operates under a use variance for a restaurant use that was granted in August 1963. This variance was conditioned on (1) the restaurant closing at 8 p.m. and (2) the restaurant being closed on Sundays. The applicant now seeks a modification of this condition to allow the restaurant to operate seven days a week. Rick Page, property owner, and Chris O’Brien, owner of Lincoln Street Diner, presented as the appellants. They presented their request for the diner to be open on Sundays, stating that the expanded operating days would draw in more business, which in turn improves profits. The board discussed with the appellants questions regarding feasible alternatives and financial hardships. Public Hearing Vice Chair A. Gardiner opened the public hearing. The following interested parties submitted comments or spoke in opposition to the requested variance: - Pam and Joe Gainey, 308 E. Lincoln Street The following interested parties submitted comments or spoke in support of the requested variance: - Kate Gefell, 408 E. Lincoln Street - Veronica Pillar, 1108 N. Aurora Street - Emma Terwilliger, 204 Queen Street - Dominick Recckio, 204 Queen Street Board of Zoning Appeals February 7, 2023-Meeting Minutes 4 Staff read the Planning and Development Board’s recommendation on the appeal: The Planning Board supports this use variance modification as they support local businesses, feel this is a needed good use in a residential zone, is a community gathering amenity, and also note the owner engaged in community outreach regarding this variance and the community response was mainly positive. The Planning Board finds no long-term negative impacts to planning. There being no further comments from interested parties, Vice Chair A. Gardiner closed the public hearing. Deliberation & Decision Board members noted that they did not have concerns with allowing the diner to operate seven days a week. The condition was intended to mitigate impacts, not impede a business’s viability. The climate has changed a lot since the original variance was granted, which was a time when businesses were commonly closed on Sundays and/or another day per week. Businesses are now often open 7-days a week with longer hours. Board members added that this request is different from an expansion or enlargement of a nonconforming use and does not pose the same impacts that an expansion of the diner use might have. On a motion by M. Cannon, seconded by J. Kirby, the BZA voted 5-0-0 to approve Appeal #3247 309 E. Lincoln Street. ______________________________________________________________________________ III. CONTINUED APPEALS – NONE IV. PRELIMINARY PRESENTATIONS - NONE V. APPROVAL OF MINUTES - NONE VI. ADMINISTRATIVE MATTERS i. No March 2023 Meeting ii. Next Meeting – April 4, 2023 VII. ADJOURNMENT – Vice Chair A. Gardiner adjourned the meeting at 7:36 pm. Respectfully submitted, ___________________________ July 11, 2023 Megan Wilson, Zoning Administrator Date Secretary, Board of Zoning Appeals