HomeMy WebLinkAboutMN-BZA-2023-12-12City of Ithaca Board of Zoning Appeals
Minutes – December 12, 2023
Board Members Present: Andre Gardiner
Joseph Kirby
Michael Cannon
David Barken, Chair
Staff Present: Megan Wilson, Deputy Director of Planning
Jared Lane, Planner
Applicants: Eric Rosario and Neha Khanna (BZA #3265)
Carol Chock and Paul Mazzarella (BZA #3266)
Kristen Ciferri, Jon Roman, and Scott Duell (BZA #3267)
Virginia Tesi (BZA #3259)
Chair D. Barken called the meeting to order at 5:30 pm and read the opening statement.
I. TELECOMMUNICATIONS APPEAL
None
II. NEW APPEALS
BZA #3265 233 S. ALBANY STREET
Appeal of Eric Rosario of Rosa Indica, LLC for an area variance from Section 325-8, Column 10,
Lot Coverage, Column 11, Front Yard, and Column 14/15, Rear Yard, as well as Section 325-25,
Location of Accessory Structure, requirements of the Zoning Ordinance. The applicants own both
233 S. Albany Street and 228 S. Geneva Street and are proposing a lot line adjustment between
the two properties; no physical changes to either property are proposed.
The proposed lot line adjustment would expand the rear yard of 228 S. Geneva Street through to
S. Albany Street and would reduce the side yard of 233 S. Albany Street by 33.3’. The proposed
lot configuration reflects the historic property boundaries of the two parcels. However, the
reduction in the lot area of 233 S. Albany Street will result in a deficiency in lot coverage by
buildings, increasing lot coverage to 36.9% of the reduced lot. In addition, the existing carriage
house would be located on the shared property line, resulting in a 0’ side yard setback where 3’ is
required for an accessory structure.
233 S. Albany Street is a corner lot with two front yards. The property has existing deficiencies
in the primary front yard and rear yard that will not be exacerbated by the proposal.
Board of Zoning Appeals
December 12, 2023-Meeting Minutes
2
The property is also a legal nonconforming use as it houses professional offices in a zone where
offices are not permitted. The property has established rights to professional office use. The
proposed lot line adjustment will not result in the expansion or extension of the nonconforming
use of the property. This zoning appeal is for area variances only; any future extension or
enlargement of the office use will require a use variance from the Board of Zoning Appeals.
Property owners Eric Rosario and Neha Khanna presented the appeal to the Board. Board
members had no questions for the applicants.
Public Hearing
Chair D. Barken opened the public hearing.
There were no comments from interested parties in support of or in opposition to the appeal.
Staff read the Planning and Development Board’s recommendation on the appeal: The Planning
Board finds no long-term negative impacts to planning. The Board also notes this lot line
adjustment reflects the historical parcels and the change fits in with neighborhood context as the
parcels on the block have front and rear yards that extend from South Albany Street to South
Geneva Street.
There being no further comments from interested parties, Chair D. Barken closed the public
hearing.
Deliberation & Decision
The Board had no objections to this appeal as there are no physical changes proposed to either
property through the lot line adjustment. The lot line adjustment will return the properties to
their historic configurations. Any future change to either property that is not compliant with
zoning will be subject to further review.
On a motion by J. Kirby, seconded by M. Cannon, the Board of Zoning Appeals voted
unanimously to approve appeal #3265 for 233 S. Albany Street.
BZA #3266 39 WOODCREST AVENUE
Appeal of property owners Carol Chock and Paul Mazzarella for an area variance from Section
325-8, Column 7, Lot Width, and Column 12, Side Yard, requirements of the Zoning Ordinance.
The property owners will be rebuilding their existing 12’ x 12’ rear deck and are proposing to add
a gazebo as an addition to the southwest corner of the deck. The gazebo will be a covered 11’ x
11’ structure that will extend into the side yard by 4.5’, reducing the side yard to 6.5’ or 65% of
the required 10’.
39 Woodcrest Avenue is a “flag lot” with narrow lot frontage on Woodcrest Avenue and a long
drive that leads to the single-family home. The property has an existing lot width deficiency that
will not be exacerbated by the proposal.
Board of Zoning Appeals
December 12, 2023-Meeting Minutes
3
Property owners Carol Chock and Paul Mazzarella presented the appeal to the Board. Board
members asked questions regarding the gazebo location and the visual impact of such a structure.
Public Hearing
Chair D. Barken opened the public hearing.
There were no comments from interested parties in support of or in opposition to the appeal.
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 provided
any neighborhood concerns are addressed. As the parcel is a flag lot, they find there is minimal
visual impact from Woodcrest Avenue. Further, the Board supports homeowner investment to
allow for property owners to remain in their homes.
There being no further comments from interested parties, Chair D. Barken closed the public
hearing.
Deliberation & Decision
The Board had no objections to the appeal. Members noted that the applicants had considered
zoning-compliant alternatives, but those alternatives had other undesirable impacts and did not
meet the needs of the property owners. The encroachment into the side yard will have no or
minimal impact on adjacent properties and the lot width deficiency is an existing condition.
On a motion by A. Gardiner, seconded by M. Cannon, the Board of Zoning Appeals voted
unanimously to approve appeal #3266 for 39 Woodcrest Avenue.
______________________________________________________________________________
BZA #3267 308 WOOD STREET
Appeal of property owners Kristen Ciferri and Jon Roman for an area variance from Section 325-
8, Column 12, Side Yard, and Column 14/15, Rear Yard, requirements of the Zoning Ordinance.
The property at 308 Wood Street is currently a two-family home with one unit on the lower level
and a second apartment on the second story. The property owners are proposing to demolish the
existing deteriorated two-car garage and replace it with a new primary structure that will provide
a one-bedroom apartment and a single-car garage. Once construction of the new garage and
dwelling unit is completed, the existing two-family home will be converted to a single-family
residence.
The construction of the new dwelling unit in a separate building will result in a second primary
structure on the property. The Zoning Ordinance permits the construction of a second primary
structure on a lot if the property has sufficient lot area to meet the minimum requirement for two
structures. 308 Wood Street has enough lot area for two single-family homes in the R-2b district.
However, the construction of the second primary structure will create side yard and rear yard
deficiencies. The new building will be constructed at the same location as the existing two-car
garage and will not provide the required 10’ side yard on the east side of the property. In addition,
the new building will extend further into the rear yard, resulting in a 38’ rear yard where 40.5’ is
required.
Board of Zoning Appeals
December 12, 2023-Meeting Minutes
4
Property owners Kristen Ciferri and Jon Roman as well as project architect Scott Duell presented
the appeal to the Board. Board members asked questions regarding the consideration of keeping
the garage the same but pushing the living quarters. Considerations for changes in flood
elevation.
Public Hearing
Chair D. Barken opened the public hearing.
There were no comments from interested parties in support of or in opposition to the appeal.
Staff read the Planning and Development Board’s recommendation on the appeal: The Planning
Board fully supports this appeal provided any neighborhood concerns are addressed. The Board
supports conversion of a historic single-family stock back into single-family use while also
increasing the supply of housing where the City needs it. The Boards finds there will be minimal
impact at the street as the proposed dwelling is designed to look like the existing building and no
negative long-term planning impacts.
There being no further comments from interested parties, Chair D. Barken closed the public
hearing.
Deliberation & Decision
The Board noted that this lot is large enough to potential build two two-family homes so the
addition of a small, single unit is a modest request. The Board added that the proposal is a good
example of an accessory dwelling unit that is integrated into an existing property to meet the
needs of the property owner.
On a motion by M. Cannon, seconded by J. Kirby, the Board of Zoning Appeals voted
unanimously to approve appeal #3267 for 308 Wood Street.
BZA #3259 413 N. TIOGA STREET
Appeal of property owner, Meatball Properties, LLC, for an area variance from Section 325-8,
Column 4, Off Street Parking, requirement of the Zoning Ordinance. The applicant proposes to
provide no off-street parking spaces for their multiple dwelling at 413 N. Tioga Street. The
property owner has leased the required off-street parking since the building was converted to a
multiple dwelling in 2008. The previous parking lease has been discontinued, and the property
owner is unable to find other parking spaces to lease. The owner is now seeking a variance from
all required off-street parking (3 spaces). The property provides no off-street parking spaces,
resulting in a deficiency of 100%.
The property received area variances for the Lot Size, Street Frontage, Front, Side and Rear Yard
requirements of the zoning ordinance on August 25, 2008 (BZA #2763).
Board of Zoning Appeals
December 12, 2023-Meeting Minutes
5
Virginia Tesi on behalf of property owner Meatball Properties, LLC presented the appeal to the
Board. Board members asked questions regarding efforts to secure off-site parking and peak
times of use for tenant parking.
Public Hearing
Chair D. Barken opened the public hearing.
Brian Grout, 428 & 430 N. Aurora Street, submitted a written comment in opposition to the
appeal.
There were no comments from interested parties in support of the appeal.
Staff read the Planning and Development Board’s recommendation on the appeal: The Planning
Board fully supports this variance for the three parking spaces as the house is in close proximity
to downtown making it a very walkable location. The Board also notes there is plenty of on-street
parking on Tioga and there is no visible change to the property with this appeal. Further, 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 it is not possible to provide parking on this site and the applicant has made
efforts to find parking that would satisfy the off-street parking requirement. Leased parking
options are available for tenant use but not through a multi-year renewable agreement. Given these
options, available on-street parking, proximity to downtown, and unique site difficulties, the Board
noted that the variance is less impactful that disallowing use of the residential property due to the
parking deficiency.
This is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance
(“CEQRO”), and State Environmental Quality Review Act (“SEQRA”), and is subject to
Environmental Review. The City of Ithaca Board of Zoning Appeals hereby declares itself Lead
Agency for the environmental review for the approval of zoning appeal 3259, an area variance for
the property located at 413 N. Tioga Street in the City of Ithaca. The Board has reviewed the Short
Environmental Assessment Form (SEAF), dated October 24, 2023, and determines that the
requested variance will result in no significant impact on the environment.
On a motion by D. Barken, seconded by J. Kirby, the Board of Zoning Appeals voted
unanimously to approve appeal #3259 for 413 N. Tioga Street.
III. CONTINUED APPEAL
None
IV. APPROVAL OF MINUTES
On a motion by J. Kirby, seconded by A. Gardiner, the November 14, 2023 BZA minutes
were approved without corrections.
Board of Zoning Appeals
December 12, 2023-Meeting Minutes
6
V. ADMINISTRATIVE MATTERS
A. Next Meeting
VI. ADJOURNMENT –Chair David Barken adjourned the meeting at 6:37 pm.
Respectfully submitted,
___________________________ December 12, 2023
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals