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