HomeMy WebLinkAboutBZA Decision Letter - Appeal 2967 - 114 Heights Ct. (Top Cat Biker, LLC) - 01-06-15CITY OF ITHACA
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Email: dgrunder @cityofithaca.org Email: iura @cityofithaca.org
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings &Decision
Applicant: Randy Marcus, Attorney -at -Law, for Top Cat Biker, LLC
Appeal No.-O
Zoning r J' s "K F'rcr, o
Hearing Held On:
Property Location:
#2967
R -U
January 6, 2015
114 Heights Court
Requirement for Which Variance is Requested: Zoning Ordinance, Section 325 -8, Columns 6,7,11, and
13, Lot Area, Lot Width At Street, Front Yard, and Other Side Yard, respectively.
Applicable Section of City Zoning Code: Zoning Ordinance Section 325 -32 C. (3), which states in part
that a non - conforming structure cannot be extended or enlarged if it is deficient in lot size. Owner
sought an Area Variance because the lot at 114 Heights Court is 5,009.4 SF in size (Section 325 -8, Column
6). In order increase occupancy, which is considered "an extension" under City Zoning, the property's lot
would need to be 16,500 SF in size. The owner also requested relief from other District Regulation
Requirements for existing conditions at 114 Heights Court. These are Section 325 -8, Columns 7, 11 and
13, Street Width, Front Yard, and "Other Side" Yard, respectively. The property at 114 Heights Court
does not meet the required street width of 75 lineal feet having 50.13 lineal feet of street width. The
property has a deficient front yard, because it is 17 -feet deep and the Zoning Ordinance requires a front
yard that is 25 -feet deep. Finally, the property at 114 Heights Court has an "other side" yard that is
deficient. The R -U District requires the "other side" yard to be 10 -feet deep; the property has an "other
side" yard measuring 4.5 feet in depth.
Public Hearing: A Public Hearing was held with no one speaking in favor of the variance. One person, an
"interested party," Bill Demo of 121 Heights Court, spoke against granting the variance and submitted a
letter outlining his objections. The BZA Chair who had it recorded as Exhibit "A" accepted this letter.
Another neighbor within 200 feet of 121 Heights Court submitted a letter to the Board stating he had
"no objection" to granting the requested variances. The Chair read this letter into the record and it was
named Exhibit "B."
Motion: A motion to grant the variance requests was made by Marshall McCormick.
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Vote: Teresa Deschane Yes
Steve Beer Yes
Marshall McCormick Yes
Determination of BZA Based on the Above Factors:
The BZA, taking into consideration the five factors, finds that the Benefit to the Applicant outweighs the
Determinant to the Neighborhood or Community. The BZA further finds that variances from Zoning
Ordinance, Section 325 -8, Column 6, Lot Area, Column 7, Lot Width at Street, Column 11, Front Yard,
and Column 13, Other Side Yard, are the minimum variances that should be granted in order to preserve
and protect the character of the neighborhood and the health, safety, and welfare of the community.
January 12, 2015
Secret BoA of oning Appeals, Date
Director f Zo ' Administration