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HomeMy WebLinkAboutBZA Decision Letter - Appeal 2976 - 102 Franklin St. (Cosentini Construction) - 04-13-15�► ° °iT ° 0oO � 0 o ° m c 0 0 ° �� �� O 0 ° O• 0 v� O ooflo�o 0 °0 0 00 � 0000 CITY OF ITHACA 108 E. Green Street 3rd Floor Ithaca, NY 14850 -5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Zoning P1 YLLIS RADKE, DIRECTOR OF ZONING ADMINISTRATION Telephone: Planning & Development — 607 - 274 -6550 E -Mail: cpyott @cityofithaca.org CITY OF ITHACA BOARD of ZONING APPEALS Area Variance Findings &Decision Applicant: Sue Cosentini, Cosentini Construction, Inc., for Susan and Erich Mueller Appeal No.: #2976 Zoning District: R -2b Hearing Held On: April 7, 2015 Property Location. 102 Franklin Street Requirement for Which Variance is Requested: 325 -8, Columns 4 and 12, Parking and Other Front Yard Applicable Section of City Zoning Code: Deficient off - street parking (one space, instead of two spaces). Other front yard setback is 7 feet; required is 10 feet. Public Hearing: Held on April 7, 2015. No interested parties spoke for or against the proposal. One letter in favor of the project was submitted by John S. Mead, residing at 219 W. Lincoln Street. Motion: A motion to grant the variance requests was made by Teresa Deschanes. Environmental Review: Type II Action, Chapter 176 -5 C. (11) and (12), Environmental Quality Review, states that granting setback and area variances for two - family homes is a Type II action and these types of variances are not subject to environmental review. Planning & Development Board Recommendation: The Planning Board can identify no long -range planning issues with this appeal and supports granting it. The new porch makes the building more attractive and will improve the neighborhood character. Factors Considered: 1. Whether an undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties: Yes ❑ No Reasons: No undesirable change will be produced. In fact, rebuilding the porch will improve the quality of homes in the neighborhood. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes ❑ No Reasons: The porch in its present condition is unsafe. With respect to the porch encroaching one foot into the required other front yard setback, there already is a three -foot setback deficiency in this yard that was caused by an entryway that projects from the face of the building. The off - street parking deficiency is also an existing condition. Relief is only feasible via a variance. 3. Whether the requested variance is substantial: Yes [—] No Reasons: The two requested variances are minimal. The porch will only encroach one foot into the required other front yard setback. The two- family home requires two off - street parking spaces. The property is only deficient one parking space. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes ❑ No Reasons: There will be no adverse impact on the physical or environmental conditions of the neighborhood resulting from the porch being rebuilt in line with the existing house. 5. Whether the alleged difficulty was self- created: Yes ❑ No Reasons: The previous owner allowed the condition of the porch to deteriorate to its present dangerous condition, so the difficulty was not self - created. This porch must be rebuilt. However, existing deficiencies and a larger porch require the applicant to seek area variances. Second Motion to Grant variance: Made by Marshall McCormick Vote: Teresa Deschanes, Yes Steve Beer, Yes Marshall McCormick, Yes Determination of BZA Based on the Above Factors: Taking into consideration the five factors, the BZA 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 4 and 12, Parking, and Other Front 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. April 13, 2015 Seh to y, Board f Zoning Appeals, Date Direct GQ ng Administration 2