HomeMy WebLinkAboutBZA Decision Letter - Appeal 2988 - 506 S. Cayuga St. (Thomas Amici) - 08-20-15
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Applicant: Thomas Amici, for Mazza & Amici, LLC
Appeal No.: 2988
Zoning District: R‐3a
Hearing Held On: A Public Hearing was held on July 7, 2015; however, the Board did not have a quorum.
Deliberations and decision were carried over to the August 11, 2015 BZA Special Meeting. Prior to the
continuation of the meeting on August 11, 2015, Board members Moriah Tebor and Steve Wolf, who were absent
at the July 7, 2015 hearing, reviewed the audio recording of the July hearing and the submitted material for the
case in order to participate in deliberations and vote on the variance requests.
Property Location: 506 S. Cayuga Street
Requirement for Which Variance is Requested: Provide off‐street parking. Property received a variance to
convert a single‐family home to a two‐family unit in 1985, conditioned upon the property owner obtaining a
renewable lease for three off‐street parking spaces within 500 feet of 506 S. Cayuga Street.
Applicable Section of City Zoning Code: Section 325‐8, Column 4, Off‐Street Parking.
Members Present:
Steven Beer, Chair
Moriah Tebor
Steven Wolf
Hearing: A Public Hearing was held on July 7, 2015 and adjourned to the August 11, 2015 BZA Special Meeting.
Motion: A motion to grant the variance requests on August 11, 2015 was made by Steven Wolf.
Environmental Review: Type: Type 2
The actions have been determined not to have a significant impact on the environment and are otherwise
precluded from review under Environmental Conservation Law, Article 8 C. (12).
Planning & Development Board Recommendation: The Planning Board could identify no long‐range planning
issues and supports granting the appeal, stating the street is very steep and it is hard to locate parking within 500
feet.
Factors Considered:
1. Whether an undesirable change would be produced in the character of the neighborhood or a detriment to
nearby properties: Yes No
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
2
Reasons: While the applicant can longer find leasable space to meet the three‐car parking requirement for 506 S.
Cayuga Street, there appears to be sufficient space available on‐street. Tenants may have been using on‐street
parking instead of the spaces previously leased at 221 Spencer Street, since the parking requirement was imposed
on the property in 1985 and this practice will not change the character of the neighborhood.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes
No
Reasons: The applicant has stated there is no one willing to lease space within 500 feet of the property. A long‐
term parking lease had been in effect with 221 Spencer Street, but that property was recently sold and the new
owner will not lease space for parking to the applicant. Furthermore, recent Zoning Ordinance amendments now
prohibit off‐site parking in the R‐1 and R‐2 Zoning Districts. These more restrictive districts are within 300 feet of
506 S. Cayuga Street.
3. Whether the requested variance is substantial: Yes No
Reasons: It is only substantial in light that the applicant needs a variance for all three parking spaces that are
required.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No
Reasons: Nothing about the variance request will affect physical or environmental conditions in the
neighborhood.
5. Whether the alleged difficulty was self‐created: Yes No
Reasons: The property owners of 506 S. Cayuga Street have abided by the condition of providing parking off‐site
since 1985. The owner had no control over the fact that the property where he was providing parking was sold or
that Zoning Regulations no longer allow off‐street parking requirements to be met off‐site in the R‐1 and R‐2
Zoning Districts.
Second Motion to Grant Variance: Made by Moriah Tebor.
Vote: Moriah Tebor: Yes
Steven Wolf: Yes
Steven Beer: Yes
Determination of BZA Based on 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, Off‐Street Parking, 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.
_____________________________ August 20, 2015
Secretary, Board of Zoning Appeals, Date
Director of Zoning Administration