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HomeMy WebLinkAbout2008 Board of Zoning Appeals/Decision lettersCITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 April 30, 2008 Paul Mazzarella, Executive Director Ithaca Neighborhood Housing Services 115 W. Clinton Street Ithaca, NY 14850 RE: Appeal #2719, 301 South Geneva Street - Decision BZA Meeting of April 1, 2008 FM APP 3 C Y CLERK'S OFFICE Board members present: Steven Beer, Jan deRoos, Nancy Falconer, Ken Reardon Dear Mr. Mazzarella: The Board of Zoning Appeals considered the appeal of Ithaca Neighborhood Housing Services (INNS), which sought an amended use variance from the provisions of the following section of the Zoning Ordinance: Section 325 -8 (District Regulations Chart), Column 2, permitted primary uses, in a P -1 district. The Board's Findings of Fact and Decision are set forth below. BACKGROUND Prior to 1983, the Ithaca City School District decided to close the Henry St. John elementary school, located at 301 S. Geneva Street, and to sell the property; INHS subsequently purchased it. Notwithstanding the transfer out of public ownership, the City never changed the zoning designation of the property from P -1 (public). The property is bordered to the east by a B -4 (commercial) district, on the south by an R -3 (multi -unit residential) district, and (across the street) to the west and north by an R -3 district. In 1983, a variance was granted to INNS to permit the use of the former Henry St. John school building for residential, office and community purposes. A condition of granting the variance was that office use be restricted to not - for - profit groups. INNS states that over time it has become increasingly difficult to find suitable not - for - profit tenants for the office space, and the owner has experienced a vacancy rate of over 50% for the offices, resulting in significant operational losses. The original not - for - profit restriction on office rental was a condition of an Urban Development Area Grant (UDAG) for improvements to the property; the distinction between not - for - profit and for - profit tenants was then adopted by the Board of Zoning Appeals during the 1983 use variance process. The owner's decision to use the basement of the building for offices rather than as residential space was based on INHS's assessment that this floor was not desirable as living space. Following significant financial losses in the late 1990's, due to vacancies in the office An Equal Opportunity Employer with a commitment to workforce diversification." za Paul Mazzarella, Executive Director April 30, 2008 Ithaca Neighborhood Housing Services page 2 115 W. Clinton Street Ithaca, NY 14850 RE: Appeal #2719, 301 South Geneva Street - Decision BZA Meeting of April 1, 2008 space, INHS appealed to the UDAG office to relax the restriction on office rental. The request was granted in 2000; since that time INHS has been renting to what it calls low - impact for - profit groups. INHS states that its current management was not aware that rental to for - profit tenants also required an amended use variance from the Board of Zoning Appeals. THE VARIANCE REQUEST In 2007, INNS requested an amendment to its variance, that would allow it to rent up to 50% of the office space to for - profit tenants. This case was originally to be heard at the March 2007 meeting. After receiving complaints from some neighbors, INNS requested a postponement of the hearing in order to address issues and to attempt to ameliorate neighborhood concerns. Ultimately, the appeal was heard in December 2007, when the amended use variance was granted. After reviewing an informal record of the Board's decision (transcribed from an audiotape), the City Attorney opined that the decision was not valid, because audience interruptions made it impossible to ascertain the true content of motion. The City Attorney also noted that Board members apparently were of the mistaken opinion that a variance could be limited to the current owner, and were unaware that a variance could be legally limited to a certain number of years. As a result, at its meeting on February 5, 2008, the Board made a motion to "reconsider" the case, and acted to annul its December 17, 2007, decision. MOTION TO APPROVE THE VARIANCE The Board reconvened on April 1, 2008, to rehear the application. Board member Kenneth Reardon made a motion to approve the variance, allowing INHS to lease up to 50% of the office space in the basement of the Henry St. John building to for - profit tenants, based on the following findings of fact and conditions: FINDINGS OF FACT (As Approved) Hardship In 1982, when the INHS came to the Board of Zoning Appeals to request a use variance, INHS was at that time under obligation to prove to the Board that the proposed mixed use of apartments, offices and assembly space was the least variance that could be granted. INHS' task was to provide financials showing that profit could not be had by operating the business as an allowable use in a Pl zone (for educational purposes or a municipal building or for public recreational use). This obligation was met in 1982, and does not have to be met again, since no new use variance is being sought. The current request from INNS is to amend the existing use Paul Mazzarella, Executive Director April 30, 2008 Ithaca Neighborhood Housing Services page 3 115 W. Clinton Street Ithaca, NY 14850 RE: Appeal #2719, 301 South Geneva Street - Decision BZA Meeting of April 1, 2008 variance already granted in May of 1983, such amendment being for relief from the requirement to rent office space solely to not - for - profit tenants. 1. The Applicant Cannot Realize a Reasonable Rate of Return a) Office space was previously granted as a permitted use under the existing 1983 variance. Therefore, in order to sufficiently demonstrate hardship in support of the a request to amend the existing use variance, INNS is only under obligation to demonstrate that it cannot realistically rent a significant portion of its office spaces under the existing for - profit rental prohibition, and that this inability to rent to for - profit tenants causes a considerable financial hardship. The financial evidence provided shows that, even without considering costs for infrastructure maintenance, if the 30% to 50% of vacant spaces cannot be rented to for - profit tenants, there is an annual loss in rent of between $20,000 and $25,000. Allowing for - profit tenants in up to 50% of Henry St. John office rentals is the least possible change to the legally established office use; granting the requested amendment to the existing use variance will allow INNS to modify office use in such a way as to continue operating the Henry St. John property in a financially viable manner. b) The requirement that offices be rented only to not - for - profit agencies originated as a condition of an Urban Development Action Grant (UDAG) that assisted in the development of the Henry St. John Building conversion project. INHS faithfully adhered to all of the requirements of this grant for more than 15 years, including the requirement that basement office space be rented only to not - for - profit entities. In the 1990's, the market for not - for - profits began to dwindle and the annual vacancy at the Henry St. John Building rose as high as 52 %. This created an enormous financial hardship for INNS and resulted in significant operating losses for the Building. These vacancies persisted despite extremely competitive office rents charged by INHS. As emphasized by INHS Director Paul Mazzarella, at the December 17, 2007 use variance hearing, the rent for the office space ranges from $6 to $10 per square foot and includes utilities and parking. This is considerably less than rents for comparable office spaces, particularly since Henry St. John is so close to downtown Ithaca. c) From 1997 to 1999, the last three years that INNS did limit Henry St. John office rentals to not - for - profit tenants, INHS also had to replace the heating system, improve storm water drainage, and replace the roof in order to keep the building well maintained and a community asset. Furthermore, in the letter submitted by INNS for the current variance request, #2719 (p. 2), INHS states that "it should be noted that the rents for most of the residential apartment rental units are capped at below market levels in order to keep them affordable for low income tenants. These caps are an ongoing condition of the Paul Mazzarella, Executive Director April 30, 2008 Ithaca Neighborhood Housing Services page 4 115 W. Clinton Street Ithaca, NY 14850 RE: Appeal #2719, 301 South Geneva Street - Decision BZA Meeting of April 1, 2008 UDAG grant contract and are monitored." Before being allowed by UDAG to rent up to 50% of the office space to for - profit tenants, the annual operating losses were demonstrated to be: $33,204 in 1997; $74,292 in 1998; and $69,184 in 1999. Moreover, INHS has stated that if the ability to rent to both for - profit and not - for - profit office tenants is not permitted, it will be forced to evict the existing for - profit tenants. Currently these tenants comprise 40% of the current income for office spaces in the Henry St. John Building. If this were to happen, INHS would stand to lose $24,960 per year in rent. And, as discussed previously, since the market has shifted, it is doubtful that much of this vacancy could be made up by rental to other not - for - profit tenants. d) INNS is making the request that the extreme limitation of renting office space only to not - for - profits be partially lifted. Years of operating experience show what does and does not work, in terms of fully occupying the basement office space at the Henry St. John Building. Permitting up to 50% for - profit tenants is sufficient to cover what has been the worst -case scenario with regard to actual vacancies of space due to the not - for - profit restriction on office use. e) The financial evidence is sufficient to show that INNS has no reasonable return if renting office spaces is strictly limited to not - for - profits. Granting the relief to INNS of permitting up to 50% of the office space to be rented to for - profit entities is an action that many members of the neighborhood association, the staff of INNS, and the Board of Zoning Appeals have agreed is a desirable minimal accommodation to maintain fiscal integrity in the continued operation of the Henry St. John Building. And while there may be some discussion as to the degree of hardship, as illustrated by the income statements, it does appear to this Board that if INHS wants to continue to meet affordable housing goals in the Henry St. John Building, as part of the INHS portfolio, it must be allowed to rent up to 50% of the office space to for - profit entities. f) The fact is that without renting office space to for - profit entities, INHS does not produce a positive cash flow at this building, and for that reason, does have a hardship. [Also see Paragraph 14, below.] 2. The hardship was not self - created. a) The alleged hardship was not self - created. A use variance was granted to INHS on May 2, 1983 to convert the Henry St. John Building from a school to a mixed -use occupancy of apartments, office space for not - for - profit community agencies, and community meeting space. INHS rented all of the spaces accordingly from 1994 to 2000. Paul Mazzarella, Executive Director April 30, 2008 Ithaca Neighborhood Housing Services page 5 115 W. Clinton Street Ithaca, NY 14850 RE: Appeal #2719, 301 South Geneva Street - Decision BZA Meeting of April 1, 2008 b) As we all know by now, market conditions changed — what was thought to be an almost endless demand for not - for - profit space turned out to be more limited than ever thought. By the mid- 1990's, the use variance's restriction that Henry St. John basement offices could be rented only to not - for - profits was causing office space to lie unoccupied. The operation of the Henry St. John Building subsequently began losing money. From 1996 to 1999, office vacancy rates rose alarmingly. In 1996, office vacancy was at 20 %; by 1999, office vacancy peaked at 52 %. As a consequence, INNS went back to UDAG, the granting agency, to ask that it be allowed to rent up to 50% of the office spaces to for - profit tenants. Upon the granting of INHS' request for relief, the vacancy rate dropped, to 7% in 2000 and then to 0% in 2001. c) INNS can control many things, but not the rental market nor the number of offices needed by the not - for - profit business sector. The considerable contraction of the not -for- profit sector and the consequent shrinking of that rental market were not reasonably foreseeable in the 1980's when the concept for this mixed -use building was developed. The Board believes that the financial hardship was not self - generated because the change in the not - for - profit rental market was not foreseen. d) Granting the requested amendment to the existing use variance gives INHS, as the operator, some needed flexibility in the management of the facility. Therefore, the 50% for - profit use is a reasonable request for the owner to make. The benefit to the owner and to the community is that it allows INNS to continue providing some low- income housing at 301 South Geneva Street, instead of selling the building because it cannot continue to lose money, and losing this resource to the community. 3. The Essential Character of the Neighborhood is not Affected a) The request to amend the existing use variance will not alter the essential character of the neighborhood but could potentially have a negative impact on the neighborhood if not well managed and kept clearly within the language of the amended variance. Since the 1980's, the building has changed from an elementary school to a mixed use building with people coming and going 24 hours a day. The neighborhood has adjusted, but there is no room for more noise or traffic. Still, it is difficult to gauge what for - profit office tenants might do that would be obviously more objectionable than what not - for - profit office users do. In both for - profit and not - for - profit office uses, there is variability in the amount of traffic and noise generated; it is not clear to this Board that the noise /traffic variability between for - profits and not - for - profits is greater than the variability within for - profit and not -for profit office users. Paul Mazzarella, Executive Director April 30, 2008 Ithaca Neighborhood Housing Services page 6 115 W. Clinton Street Ithaca, NY 14850 RE: Appeal #2719, 301 South Geneva Street - Decision BZA Meeting of April 1, 2008 b) In any case, INHS has made a concerted effort to work with the neighborhood by holding meetings assisted by the Community Dispute Resolution Center in hopes of coming up with conditions that would reassure the neighborhood that the proposed variance would not change the character of the neighborhood, such that the neighborhood could support INNS in its effort to obtain permission to rent up to 50% of the office space to for - profit entities. c) Resulting from these efforts, INNS has agreed to keep open to the public the playground at 301 South Geneva Street, to which INNS made significant improvements (remaining open being contingent upon the conduct of persons using the playground — that they remain respectful of the playground equipment and any other persons using the equipment and that behavior is not disturbing to the people using the Henry St. John Building or its adjoining neighbors). d) To mitigate the overall impact of the future office use being up to 50% for profit tenants, it has been suggested that, in general, these for - profit uses should be "low- impact" in nature. Low - impact would mean professions or businesses that can be conducted with few employees at an office desk, (i.e., environments recognizable as professional office settings with the exception of medical practices); it would also mean excluding any retail business whatsoever, and any businesses which depend on sales, mail order or freight as an essential part of the businesses. In addition, no for - profit rental should generate noise that is loud enough or sufficient enough to disturb other occupants in the building, let alone neighbors in adjoining properties. e) The Board notes that, in addition to and rather than attempting to exhaustively list all acceptable and unacceptable for - profit tenants, this amendment to the use variance requires that the property owner exercise sufficient discretion in its selection of for - profit tenants to maintain the essential character of the neighborhood, and that the neighbors trust the property owner to do so. The Board also notes that this requirement on the property owner and the neighborhood already exists at the property with regard to selection of appropriate not - for - profit tenants (e.g., it is inappropriate to rent to not - for - profit tenants that have a large client base frequently coming and going with high foot traffic, or to not - for - profit agencies whose clientele are likely to cluster about the premises when not actively receiving services.) In fact, it is likely that permitting INHS to rent up to 50% of its office space to for - profits will act to enhance its flexibility to select the most appropriate not -for- profit tenants, in that the greater financial solvency of fully rented offices permits more choice in whether to accept or reject not - for - profit tenants as their appropriateness for the neighborhood. However, if the amendment to the existing variance is denied, and should Paul Mazzarella, Executive Director April 30, 2008 Ithaca Neighborhood Housing Services page 7 115 W. Clinton Street Ithaca, NY 14850 RE: Appeal #2719, 301 South Geneva Street - Decision BZA Meeting of April 1, 2008 INHS be forced to evict all of its for - profit tenants, INHS would immediately encounter a 40% vacancy crisis, and might be compelled to rent to any and all not - for - profit takers, with less regard to appropriateness, in an attempt to remain fiscally solvent. 4. The Alleged Hardship is Unique a) First, the Henry St. John property and building are unique. The building at 301 South Geneva Street is an old school in a P 1 use district. There are probably only two such districts in the City. This PI district is surrounded by residential uses. The Ithaca School District stopped using the school and decided to sell it around 1982. The only offer was from INNS. b) No one came forward with a purchase offer to buy the building and use it as zoned, for either education or as a municipal building. Any other use required a use variance. Functionally, the building was only suited for educational purposes. Changing the building to meet other uses required considerable money. c) Because INHS put together a grant proposal to meet affordable housing goals, it succeeded in obtaining an Urban Development Action Grant (UDAG) to fund the reconstruction of the building, converting it to mixed income rental apartments, rental of offices for not - for - profits agencies, and community spaces. d) The not - for - profit -only restriction on Henry St. John office rentals has never been placed on any other property owner in any use variance by the Board of Zoning Appeals. In the present case, the for - profit prohibition was not a condition on the 1983 variance required by members of the Board of Zoning Appeals for the. In fact, "for- profit" and "not- for - profit" are not uses at all, as defined under the City Code. Rather, the restriction arose as a result of conditions listed in the UDAG grant, which originally limited office rental to not - for - profit tenants. In requesting its 1983 use variance, INHS simply borrowed from the grant conditions, stated that it needed a variance for the same uses listed in its UDAG Grant. It was only by this route that the for - profit prohibition came to exist as part of the use variance as granted by the BZA in 1983. e) Several years later, INHS saw the not - for - profit office market dwindle. As it dried up, so did INHS' ability to break even at the Henry St. John property. In response, INHS went back to the granting agency, UDAG, and was permitted to begin renting to up to 50% of the office space in the basement of the Henry St. John Building to for -profit users. f) For all of these reasons, the alleged hardship of INHS at its property and building at 301 South Geneva Street is unique. Paul Mazzarella, Executive Director April 30, 2008 Ithaca Neighborhood Housing Services page 8 115 W. Clinton Street Ithaca, NY 14850 RE: Appeal #2719, 301 South Geneva Street - Decision BZA Meeting of April 1, 2008 Other Findings 5. Along with granting INHS' request to allow up to 50% of the office space at Henry St. John to be rented to for profit business use, the County Department of Planning has determined that INHS' request for a use variance under appeal #2719 has no negative intercommunity or county- wide impact. 6. The City's Planning and Development Board discussed the project on March 25, 2008, and, according to a report provided to the BZA, they are sympathetic to the applicant's need for a use variance, because the building is in a P -1 zoning district and most practical uses require a use variance. The Planning Board also thinks neighborhood input is important in considering the appeal. The Planning Board is concerned that granting the variance could mean that at some time in the future, the whole building could be used for commercial purposes. It recommends that not - for - profit and for - profit office use be allowed only in the basement. The Planning Board also recommends that the variance not be applicable to any future use, change of use, sale or construction of the property on this site. 7. A short environmental assessment form (SEAF) was completed by INNS and under the Short Form, no significant environmental impacts were identified. 8. The Ithaca Urban Renewal Agency adopted a resolution on April 26, 2007, which states that the original UDAG application indicates the basement level would be rented for non - profit organization offices, but legally binding documents only referenced "office uses" for the basement level; a request from INNS to lease up to 50% of the basement space to for - profit uses was subsequently approved. 9. There were several petitions sent to the Building Department and received March 28, 2007, regarding the variance and its failure to meet the requirements necessary to be granted a use variance as determined by law. This work came under the title "Clarification of INHS' Statement of Facts Concerning the Appeal." It was submitted by Daniel Hirtler and George Ferrari, who reside at 327 South Geneva Street. This document has several other sections. These are entitled "Objection to Office Use adjacent to an R -3a Zone ", "Objection to Not - For - Profit Organization Renting to For - Profit Business" and "Objection Due to Self- Imposed Hardship ". These documents were part of the original variance packet distributed to the Board members to read before the hearing on December 17, 2007. A new document from Mr. Hirtler was submitted on March 27, 2008, entitled "Permitted Actions by the Board of Appeals," which reiterates the same allegations except with the December 17, 2007 hearing in mind. On April 2, 2008, Mr. Ferrari stated during the hearing that the Board had violated the law in granting the variance, since hardship was not proven. Mr. Hirtler also claimed that INHS cannot rent any of the Paul Mazzarella, Executive Director April 30, 2008 Ithaca Neighborhood Housing Services page 9 115 W. Clinton Street Ithaca, NY 14850 RE: Appeal #2719, 301 South Geneva Street - Decision BZA Meeting of April 1, 2008 property at 301 S. Geneva Street as office space, because the original variance required that the property be used for "community service." 10. There is also a petition entitled "Henry St. John Neighborhood Civic Association. Re: BZA appeal #2719" received by the Building Department on December 11, 2007. This document discusses the series of meetings with the Community Dispute Resolution Center. It disputes INHS' claim for hardship. It states that the neighborhood is in support of conditions to limit the use variance to INHS, but states that the intent is not to add value to the property. This document was signed by 20 persons who live in 14 different households in the community. Interested parties within 200 feet of 301 South Geneva resulted in mailings to 47 different household and businesses that were notified of the use variance. The petition has an attached summary that alleges the hardship suffered by INNS is not substantial and gives a chronology of events. 11. The Henry St John building provides some low income rental units. The original use variance was funded by an Urban Renewal Grant with the belief that the Henry St John building as operated by INNS is supporting the viability of low and moderate income housing in the City of Ithaca. 12. There is a letter of support from Ann Cedarholm, dated April 2, 2007. In her letter Ms. Cedarholm states that she is in support of INHS renting to for - profit tenants. She states that INHS is a very good neighbor. Ms. Cedarholm lives at 334 South Geneva Street. She also asked Eric Rosario to read another letter written by her in support of INNS on April 1, 2008. 13. While many of the neighbors that came out during the hearing on December 17, 2007 and on April 1, 2008 spoke against the variance, many people felt conflicted because they believe in the good work that INHS accomplishes by creating low income housing. On April 1, only 4 persons come out against the variance, including Beverly Baker, who switched her `in favor' position in December to `not in favor' on April 1, 2008, because she feared the property would end up being a totally commercial building. Eric Rosario noted several conditions imposed would be helpful, such as the time period that INHS be allowed `for - profit' uses. 14. A spreadsheet submitted by INHS on April 1, 2008 and accompanying literature explains in more detail the four criteria that need to be met for a use variance to be granted. The material points out the double bottom line that not for profit owners need to achieve. This is not trying to maximize the return on investments. INNS also stated in the handout that they are not planning to sell the property. Paul Mazzarella, Executive Director April 30, 2008 Ithaca Neighborhood Housing Services page 10 115 W. Clinton Street Ithaca, NY 14850 RE: Appeal #2719, 301 South Geneva Street - Decision 15. Peter Sayet spoke in favor, and submitted a letter from Mike Sigler. Mr. Sigler wrote a letter in favor of the INNS variance. Mr. Sayet said he keeps normal hours as a massage therapist and hopes to stay in the building. CONDITIONS (As Approved) Though the above findings support the granting of this amended variance request, the following conditions shall also apply to the variance if granted: INHS shall not expand or enlarge any portion of the building or make further changes to the uses occupying the building without first obtaining appropriate variances from the BZA. 2. Commercial signage is restricted to the existing building identification sign (on the West Clinton Street side of the building); INHS shall refrain from adding any other signage which in any way could be interpreted as commercial advertising of the operations in the building. 3. INHS shall remove (and refrain from replacing) any signage on the property that suggests that parking in the existing, off - street parking lot is restricted. 4. The existing playground adjacent to the Henry St. John building shall be maintained as such by INNS, and shall remain open for public use, subject to the establishment, by INHS as property owner, of reasonable standards of behavior and etiquette for such use. VARIANCE GRANTED, WITH CONDITIONS The above Findings of Fact were approved and the amendment of the 1983 use variance — allowing up to 50% of the basement office space at the Henry St. John building to be rented to for - profit entities - was granted, with the above - listed conditions, by a vote of four in favor, none opposed. Paul Mazzarella, Executive Director April 30, 2008 Ithaca Neighborhood Housing Services page 11 115 W. Clinton Street Ithaca, NY 14850 RE: Appeal #2719, 301 South Geneva Street - Decision CLARIFICATION: For the purpose of clarification, it should be noted that Item # 6 in the Findings of Fact was determined — after the hearing — to be partially inaccurate. The City's Planning and Development Board, which can offer non - binding advice on variance requests, had originally commented on the case in April 2007. At its meeting on March 25, 2008, the Planning Board considered the matter again, and voted to submit another set of comments, some of which reiterated the 2007 comments, and some of which were different. Due to a clerical error, the Planning Board's 2008 comments were not accurately transmitted to the BZA prior to the April 1, 2008, hearing. Instead, the 2007 comments were re- transmitted. Therefore, proposed Finding #6 as moved by Mr. Reardon reflected the 2007 Planning Board comments. With the exception/deletion noted below (1), all of the Planning Board's 2007 comments were retained in its 2008 comments; the points noted below (2 and 3) were added in 2008. The differences between the Planning Board's 2007 and 2008 comments were as follows: (1) On March 25, 2008, the Planning Board voted to delete from its comments the 2007 recommendation that any variance be restricted to the current owner. (2) The 2008 comments add a recommendation that any variance "stipulate reasonable restrictions concerning business operations including, number of employees, hours of operation, amount of traffic generated and allowed signage." (3) The 2008 comments add a recommendation that any variance stipulate "that the playground remain open and accessible to the public." Sincerely, R7 Phyllis Radke Secretary to the Board of Zoning Appeals and Building Commissioner PR:lf PLEASE NOTE: The date of this decision letter constitutes the date of its filing, for the purpose of any appeal herefrom. The statute of limitations for the commencement of an Article 78 proceeding challenging this decision is thirty (30) days from the filing of this decision. CITY OF ITHACA BOARD OF ZONING APPEALS: Notice is hereby given pursuant to Section 325- 40.B.(2)(g) of the Zoning Ordinance of the City of Ithaca, that a public hearing will be held Tuesday, September 9, 2008, at 7:00 P.M. in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York to consider the following appeals: APPEAL 42765 112 LINN STREET Continued from August 5, 2008 Appeal of Peter Pfarrer and Robin Rosner for an area variance from section 325 -8, Column 13, side yard requirements of the Zoning Ordinance. Proposed is the construction of a 22 x 22 foot garage with an attached breezeway at 112 Linn Street. The building will take the place of an existing 20 x 20 foot garage and attached breezeway, which will be demolished. The new two story building will be used as a garage, and the second floor will be used as living space. The location of the new building will line up with the north side of the house, but will leave a side yard of only 2.6 feet. The Ordinance requires that the side yard be 5 feet. The property at 112 Linn Street is in an R -2b use district where the garage and living space are permitted, however Sections 325 -38 and 325 -39 require that variances be granted before a building permit or Certificate of Occupancy can be issued. This appeal was tabled at the August 5 meeting in order for the appellants to modify the windows and roof pitch of the garage design to complement the style of the existing house. APPEAL #2766 217 SECOND STREET Appeal of Jeff Coleman on behalf of the owner Howard Porter for an area variance from Section 325 -8, Column 14/15, rear yard requirements and 325 -25C, frame accessory building requirements of the Zoning Ordinance. The applicant is proposing to subdivide the parcel located at 217 Second Street. In 2002, the parcel at 217 Second Street was consolidated with neighboring lot located at 206 Madison Street. The applicant is proposing to subdivide the parcel back into two separate lots. 217 Second Street is located on a corner lot and the subdivision will result in a rear yard deficiency of 12' 6" or 19 %. The ordinance requires 25% or 50' for rear yard depth. The proposed rear yard lot line will fall between two existing accessory structures causing deficient distance from the side and rear lot lines. The existing garage will be .3' from the side lot line and .7' from the rear lot line. The ordinance requires 3' from any side lot line and 3' from the rear lot line. The property is located in an R -2b residential use district in which the proposed use is permitted, however Section 325 -39 requires that an area variance be granted before a Certificate of Occupancy may be issued. APPEAL #2767 206 MADISON STREET Appeal of Jeff Coleman on behalf of the owner Howard Porter for an area variance from Section 325 -25C, accessory frame buildings, requirement of the Zoning Ordinance. The applicant proposes to subdivide the parcel located at 217 Second Street and reestablish 206 Madison Street as a separate building lot. The proposed subdivision will place the side yard lot line between two existing accessory structures causing deficient distances from the side and rear lot lines. In 2002, the parcel at 217 Second Street was consolidated with neighboring lot located at 206 Madison Street. The applicant is proposing to subdivide the parcel back into two separate lots. 217 Second Street is located on a corner lot and the subdivision will result in a rear yard deficiency of 12' 6" or 19 %. The ordinance requires 25% or 50' for rear yard depth. The proposed rear yard lot line will fall between two existing accessory structures causing deficient distance from the side and rear lot lines. The existing garage will be .3' from the side lot line and .7' from the rear lot line. The ordinance requires 3' from any side lot line and 3' from the rear lot line. The property is located in an R -2b residential use district in which the proposed use is permitted, however Section 325 -39 requires that an area variance be granted before a Certificate of Occupancy may be issued. APPEAL #2768 309 SOUTH CORN STREET Appeal of Ithaca Neighborhood Housing Services for an area variance from Section 325 -8, Column 10, percentage of lot coverage, 325- 18(C), rear yard setback and 325 -20D (3), front yard parking requirements of the Zoning Ordinance. The applicant proposes to subdivide the parcel located at 311 South Corn Street and establish two building lots at 309 and 311 South Corn Street. INNS is proposing to build two new two family homes designed to compliment the character of the existing homes in the Southside neighborhood. The overall lot coverage of the proposed home located at 309 South Corn Street will be 36% of the lot area. The ordinance permits 35% maximum lot coverage. The rear yard setback of the structure will be 16.5 feet, where 20 feet are required. The proposal includes the creation of two parking spaces located in the front yard. The overall coverage of the two parking spaces is 33% of the front yard. The ordinance permits 25% of the total area of the front yard to be used as parking space. The property is located in an R -2b residential use district in which the proposed use is permitted, however Section 325 -38 requires that area variances be granted before a building permit may be issued. APPEAL #2769 107 WOODCREST TERRACE Appeal of Katie Barnaby and Jim Renegar for an area variance from Section 325 -8, Column 11, minimum front yard requirements, and Column 12, side yard requirements of the Zoning Ordinance. The applicants propose to install a roof that extends over the existing 32.5 SF front stoop located at 107 Woodcrest Terrace. The proposed roof area is 40 square feet and will extend into the front yard setback 5'. The existing front yard setback is 24' and the addition of the front stoop roof will increase the front yard deficiency to 19'. The ordinance requires a 25' front yard setback. The property has an existing deficiency on the east side yard. A deck encroaches 6' into a required 10' setback. This deficiency will not be exacerbated by this proposal. The property is located in an R -la use district in which the proposed use is permitted, however Section 325 -38 requires a variance be granted before a building permit may be issued. APPEAL #2770 616 WEST BUFFALO STREET Appeal of James Iacovelli for a variance from Section 325 -20C (2) (b), driveway aisle requirements of the Zoning Ordinance. The ordinance requires a two -way driveway aisle to be a minimum of 20 feet for parking areas with 11 or more parking spaces. The applicant proposes to add six additional parking spaces to the existing 10 space parking lot for a total of 16 spaces for the property located at 616 West Buffalo Street. On June 24, 2008, the Planning Board approved the parking lot for 10 cars but did not want to approve the larger parking lot currently proposed without the BZA granting a variance for the deficient driveway width. There is an existing driveway that narrows from 22 feet to 12 feet where the driveway passes between two existing buildings. This is the only access to the parking lot, so the driveway needs to provide two -way traffic. The ordinance requires a two -way driveway aisle to be no less than 20 feet wide. The property also has an existing rear yard deficiency that would not be affected by the proposal. The property is located in a WEDZ -Ia use district in which the proposed use is permitted, however Section 325 -38 requires a variance be granted before a building permit may be issued. ACCESSIBILITY: If you have a disability that requires special arrangements to be made in order for you to fully participate in the hearing, please contact Linda Foley at 274 -6508 by the Friday before the hearing. Phyllis Radke Building Commissioner and Secretary to the Board k CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 BUILDING DEPARTMENT Telephone: 607/274 -6508 Fax: 607/274 -6521 May 6, 2008 Ed Cope 300 Firetower Road II�qy Berkshire, NY 13736 RE: Board of Zoning Appeals Meeting of February 5, 2008 Appeal # 2751 — 117 Hudson Street Members Present: Beer, deRoos, Falconer, Marshall, Reardon Dear Mr. Cope: The Board of Zoning Appeals considered your appeal for an area variance from Section 325 -8, Column 4 number of required parking spaces. This building is considered a multiple dwelling as there are six residents in the upstairs unit. As a result, two parking spaces have been rented off -site in addition to the two spaces on the property. A recent review of the property file revealed that these spaces have been rented in what is now an R2a zone. Although this rented area is within 500 feet of the subject property, the Ordinance requires that off -site parking be located in a zone where the subject property use is also permitted. Though the property at 117 Hudson Street is a legally nonconforming multiple residence, off - site parking is not permitted in the R -2a zone. The appellant has been unable to locate a legal parking zone within 500 feet of the property and claims that the off -site spaces have not been used in the past, and is therefore requesting a variance to be permitted to rent parking in the R2a zone or to be relieved of the four -space requirement. If the variance is not granted, the number of permitted occupants of the property will need to be reduced from eight to six. Findings of fact: 1. A variance was granted in 1981 both for setback deficiencies as well as the parking deficiency as part of a request to increase the number of tenants from six to eight Part of the variance stated that the property owner rent two additional off site spaces within 500 feet of the residence at 117 Hudson Street. The required spaces have been rented during the ensuing years. 2. This and surrounding properties were designated an R3b zone until 2006, when the zone became R2a. 3. If the appellant were granted a variance to rent parking in the R2a zone, the owner of the rental spaces would be required to apply for a use variance, which is unlikely to be granted due to the strict criteria for granting such variances. 4. There have been complaints from the neighborhood regarding inadequate street parking. The appellant observed that during the day the spaces are used by people who work nearby and during the evening the spots are used by residents, and there appears to be enough parking so that the rented spaces are seldom, if ever used. An Equal Opportunity Employer wjth a commitment to workforce diversification." 0 CITY OF ITHACA BOARD OF ZONING APPEALS: Notice is hereby given pursuant to Section 325- 40.B.(2)(g) of the Zoning Ordinance of the City of Ithaca, that a public hearing will be held Tuesday, October 7, 2008, at 7:00 P.M. in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York to consider the following appeals: Appeal #2771 315 -317 North Aurora Street Appeal of Thomas Schickel on behalf of the owner Tim and Tom of Ithaca, Inc., for an area variance from Section 325 -8, column 5, of the Zoning Ordinance, off street loading for the property at 315 -317 North Aurora Street. In 2005, the owner was granted variances under appeal #2615 to partially convert the first floor and the entire second floor of the two -story garage/barn at 315 -317 North Aurora Street to be used as office space. The appellant now is requesting to change the remaining garage space to offices. Area and parking deficiencies were approved in appeal #2036, but did not consider the zoning requirement that office buildings provide off - street loading spaces. Under the Zoning Ordinance Section 325 -8, column 5, each building at 315 -317 North Aurora Street must provide off - street loading space. The appellant is now requesting a variance from this requirement because the property's layout does not leave sufficient space on the site for two 450SF loading areas on the premise. Though two parking spaces currently located in the garage will be lost as a result of the proposed conversion for more office space, recalculation of the total net office space on the property shows that the original variance granted two more parking spaces for the property than are actually needed. As a result, the current proposal will not increase the deficiencies in parking already granted under appeal #2036. The property at 315 -317 North Aurora Street is in a B -1 a use district in which the proposed use is permitted, however Sections 325 -38 and 325 -39 require a variance be granted before a building permit and Certificate of Occupancy may be issued. APPEAL #2773 231 Ridgedale Road Appeal of Peter and Sarah Gould for an area variance from Section 325 -8, Columns 7, 11, 12 and 15, lot width, front yard setbacks, minimum front yard requirements, and side yard setback requirements of the Zoning Ordinance. The applicants propose to remove an existing rear porch and to construct a new 24' x 14' deck that will line up with the east side of the house located at 231 Ridgedale Road. The east side yard setback at this location is approximately 5.5 feet, however the Zoning Ordinance requires that the side yard setback be 10 feet in depth. The proposed deck will encroach into the side yard setback by approximately 4.5 feet. Other deficiencies on the lot that will not be exacerbated by the new deck are a deficient street width and front yard setbacks. The street width is 49.8 feet; required is a street width of 50 feet. The front yard facing Ridgedale Road is 16 feet; required is a setback of 25 feet. The front yard facing Elmwood Avenue is approximately 20.8 feet; this front yard is also required to be setback 25 feet. The property located at 231 Ridgedale Road is located in an R -la use district in which the proposed deck is permitted, however Section 325 -38 requires a variance be granted by the BZA before a building permit can be issued. ACCESSIBILITY: If you have a disability that requires special arrangements to be made in order for you to fully participate in the hearing, please contact Linda Foley at 274 -6508 by the Friday before the hearing. Phyllis Radke Building Commissioner and Secretary to the Board