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CITY OF ITHACA
108 E. Green Street 3rd Floor Ithaca, NY 14850 -5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Zoning
PHYLLIS RADKE, DIRECTOR OF ZONING ADMINISTRATION
Telephone: Planning & Development — 607 - 274 -6550 E -Mail: cpyott@cityofithaca.org
CITY OF d HACA BOARD of ZONNG APPEALS
Av�Da Variance Findings & Decision
Applicant: Noah Demarest for PPM Homes, owner of 228 W. Spencer Street.
Appeal No.: 2983
Zoning District: R -2b
Hearing Held On: June 2, 2015
Property Location: 228 W. Spencer St.
Requirement for Which Variance is Requested: Off- Street Parking & Front Yard setback requirements.
Applicable Section of City Zoning Code: Section 325 -8, Column 4, Column 11, & Column 13.
Public Hearing: No one spoke in favor or against the variances.
Lotion: A motion to grant the variance requests was made by Marshall McCormick.
Environmental Review: Type 2 Action.
Planning & Development Board Recommendation: The Planning Board could identify no long -range
planning issues with the appeal and supported granting it. The Planning Board stated that the property
is a challenging site and supported granting the variances.
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: The applicant stated there was sufficient off - street parking on the section of Spencer Street
directly east of the property to compensate for the parking requirement. The old foundation for the
existing multiple dwelling once on the lot shows the proposed impact of constructing a new single -
family home of significantly reduced size at 228 West Spencer Street would be substantially less than
the original use. The applicant's proposal would not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes ❑ No
Reasons: As the Planning Board's recommendation stated, this is an extremely difficult site to build any
residential home on that would meet Zoning Ordinance requirements.
3. Whether the requested variance is substantial: Yes ❑ No
Reasons: The variances for front yard and side yard are very small. The applicant has demonstrated the
parking requirement can be met on nearby Spencer Street.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes ❑ No F;j
Reasons: There are multiple improvements with this application versus the proposed design for which
variances were granted under Appeal #2944.
S. Whether the alleged difficulty was self- created: Yes ❑ No F;j
Reasons: While it could be said the additional variances needed for this design proposal at 228 West
Spencer Street have been self - created, the overall design is an improvement. The proposal improves
the previous design granted under appeal #2944 in that a variance is no longer needed for Percentage of
Lot Coverage and other Side Yard requirements. Furthermore, the addition of a deck improves the use
of the land.
Second Motion to Grant Variance: Made by Moriah Tebor.
Vote: Teresa Deschanes: Yes
Steve Beer: Yes
Marshall McCormick: Yes
Moriah Tebor: Yes
Steve Wolf: Yes
Determination of BZA Based on the Above Factors:
Taking into consideration the five factors, the BZA finds 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, Column 11, and Column 12, 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.
Condition: The variances for Lot Area, Column 6, and Rear Yard, Column 14/15, granted under Appeal
#2944 are carried over to this appeal.
VARIANCES GRANTED
June 5, 2015
Secretar , oard Zoning Appeals, Date
Director of ng Administration
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