The URL can be used to link to this page

Home My WebLink AboutMN-BZA-2023-09-12City of Ithaca Board of Zoning Appeals Minutes – September 12, 2023 Board Members Present: Andre Gardiner, Acting Chair Joseph Kirby Michael Cannon Marshall McCormick, Alternate Staff Present: Megan Wilson, Deputy Director of Planning Sam Quinn-Jacobs, Planner Applicants: Leslie Ackerman, INHS (BZA #3256) Erik Reynolds, SWBR Architects, Julia Bucher and Laura Mattos, Visum Development (BZA #3257) Acting Chair A. Gardiner called the meeting to order at 5:45 pm and read the opening statement. I. NEW APPEALS M. Cannon recused himself from Appeal #3256. M. McCormick joined the meeting for Appeal #3256. APPEAL #3256 215 Cleveland Avenue Request for an area variance from §325-8, Column 7, Lot Width, and Column 12, Side Yard to allow the demolition of a deteriorated residential structure and the construction of a new single- family home. The home will be constructed on a lot that is 33' wide where a minimum lot frontage of 35' is required. In addition, a portion of the home will project into the required side yard, reducing the yard to 8' of the required 10'. Leslie Ackerman spoke on behalf of the appellant INHS to present a variance request from the required side yard and minimum lot width requirements of the zoning ordinance. The applicant explained that building the modular home the applicant is intending to would be impossible to place on the site without triggering variances. The applicant went on to explain to members of the board that both deficiencies exist on the lot currently in addition to several more deficiencies that are being alleviated by the proposal. Public Hearing Acting Chair A. Gardiner opened the public hearing. Staff read the Planning and Development Board’s recommendation on the appeal: Board of Zoning Appeals September 12, 2023-Meeting Minutes 2 The following interest parties submitted written comments in support to the requested variances: - Kellie and Gary Gates, 618 W Clinton Street There being no further comments from interested parties, Acting Chair, A. Gardiner, closed the public hearing. Board members agreed that the request for variances is reasonable and improves the conditions of the site. Deliberation & Decision The Board found that the proposal was the only feasible alternative to allow construction on this site. The variance related to lot frontage is unavoidable due to the existing property configuration. The narrow width of the lot also relates to the need for the side yard variance. The requested variances will have little to no impacts on the neighborhood, as a single-family home has existed on this lot for many years and the new construction will actually bring the property into greater compliance. The Board noted that the On a motion by M. McCormick, seconded by A. Gardiner, the Board of Zoning Appeals voted 3- 0-0 to approve Appeal #3256. M. McCormick recused himself from the meeting after Appeal #3256. M. Cannon rejoined the meeting after Appeal #3256. ______________________________________________________________________________ APPEAL #3257 510 West State Street Request for an area variance from §325-8, Column 9, Maximum Building Height in Feet, and Column 14/15, Rear Yard, requirements of the Zoning Ordinance to allow the construction of a new mixed-use building on a property located in both the CBD-50 and B-2d zones. The portion of the building in the CBD-50 district will be 5 stories and 52’ 7” in height, exceeding the maximum building height by 7”. The portion of the building in the B-2d district will be 4 stories and 44.5’ in height, exceeding the maximum building height by 4.5’. In addition, the property has street frontage on three streets, and the applicant is seeking a variance of 6” from the rear yard requirements on W. Seneca Street in order to treat that frontage as a front yard within the B-2d zone. Julia Bucher, Catherine Cullen, Erik Reynolds and Noah Demarest spoke on behalf of the appellant Ithaca Office Space LLC. The applicants explained to board members that this project has received variances for the proposed deficiencies, though the approvals expired due to the fact that the project has not started construction within the allotted time. Applicants presented the proposed building, stating that their request for variances had not changed since they were last seen by the board. Board members, staff and the appellant reviewed the proposed development and the process of approving variances after the expiration of an old approval. Board of Zoning Appeals September 12, 2023-Meeting Minutes 3 Board members supported the variances stating that the original decision made is still relevant. Members of the board asked a few clarifying questions regarding the requests. Public Hearing Acting Chair A. Gardiner opened the public hearing. Staff read the Planning and Development Board’s recommendation on the appeal: The Planning Board does not identify any negative long-term planning impacts and supports this appeal. They determined that the height variances are not impactful to the site as there is a two-foot drop on the site and it is important to maintain consistent floor levels across the building and ample ceiling heights for future tenants; as well, the rear yard variance is not impactful as it is a thru site and the character of the neighborhood is such that houses are close to the street line. The following interest parties submitted written comments in opposition to the requested variances: - Ishka Alpern, 514-516 W. State Street - Chris Kim, 512 W. State Street There being no further comments from interested parties, Acting Chair Andre Gardiner closed the public hearing. The applicants responded to the concerns brought up from public comments around pile driving and foundation, explaining the planned mitigation efforts during construction that will protect nearby properties and neighbors. J. Kirby stated that he supports the appeal as the applicant has gone through significant efforts to mitigate the deficiencies and impacts to the neighborhood. J. Kirby also stated that the topography of the site contributes to the need to ask for variances for the intended use. Deliberation & Decision Board members stated that they do not identify any significant negative impacts on the neighborhood or nearby properties. The Board noted that the topography of the site is a challenge, and the height variance is necessary to maintain a consistent floor level throughout the building. The Board also stated that both the variances for height and rear yard are minimal and will not create an undesirable change in the character of the neighborhood. The proposal is consistent with development as outlined in the comprehensive plan. On a motion by M. Cannon, seconded by J. Kirby, the Board of Zoning Appeals voted 3-0-0 to approve Appeal #3257. ______________________________________________________________________________ II. CONTINUED APPEALS- None III. PRELIMINARY PRESENTATIONS - NONE Board of Zoning Appeals September 12, 2023-Meeting Minutes 4 IV. APPROVAL OF MINUTES – A. September 12, 2023 V. ADMINISTRATIVE MATTERS A. Zoning Permits B. Next Meeting-December 12, 2023 VI. ADJOURNMENT – Acting Chair Andre Gardiner adjourned the meeting at 6:20 pm. Respectfully submitted, ___________________________ November 7, 2023 Megan Wilson, Zoning Administrator Date Secretary, Board of Zoning Appeals