HomeMy WebLinkAboutBZA Decision Letter - Appeal 2990 - 106-108 Madison St. (Sharon Corbitt) - 08-20-15
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Applicant: Appeal No.: 2990
Zoning District: R‐2b
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: 106 & 108 Madison Street
Requirement for Which Variance is Requested: District Regulations ― Percentage of Lot Coverage, Front Yard,
and Other Side Yard.
Applicable Section of City Zoning Code: Section 325‐8, Columns 10, 11, & 13.
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 meeting.
Motion: A motion to grant the variance requests on August 11, 2015 was made by Steven Wolf.
Environmental Review: 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. (11) and (12).
Planning & Development Board Recommendation: The Planning Board identified no long‐range planning issues
and supports granting the appeal, because two deficiencies are existing and the subdivision only creates a new
deficiency on Lot A, causing allowable lot coverage to be exceeded by a small percent. The Planning Board stated
that this subdivision would help address the long‐term need of providing more housing, compatible with the
neighborhood where it is located.
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: City Municipal Law, Section 33, requires lots that are subdivided to comply with the City Zoning
Ordinance. The applicant proposes to subdivide the parcel at 106 & 108 Madison Street into two lots. The
existing duplex and garage are on Lot A and the proposed Lot B meet lot area and street width requirements. The
applicant proposes to build a new home on Lot B, which will be designed to meet all Zoning District Regulations.
However, the proposed Lot A has three deficiencies. Two deficiencies result from the original siting of the duplex,
presumably before the City Zoning Ordinance was in effect. The front yard is 1.9 feet; required is 10 feet. The
other side yard is 3.2 feet; required is 5 feet. Furthermore, by dividing 106 & 108 Madison Street, the allowable
lot coverage will be exceeded on Lot A. The allowable lot coverage is 35%, while the proposed Lot A will have a
lot coverage of 38%. The proposed subdivision will cause no undesirable change in the neighborhood, but will
provide the benefit of more housing that is compatible with the neighborhood.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes
No
Reasons: The existing deficiencies could not be corrected without physically moving the duplex. The applicant
could demolish the existing garage to meet the percentage of lot coverage requirements; however, this would
mean the applicant would lose the storage space needed for lawn machinery and garden tools, which is not a
feasible alternative for the applicant.
3. Whether the requested variance is substantial: Yes No
Reasons: The front yard and side yard deficiencies are existing. The lot coverage requirement is exceeded by only
3%.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No
Reasons: Many of the properties in this Zoning District have similar setback and lot coverage deficiencies.
5. Whether the alleged difficulty was self‐created: Yes No
Reasons: The alleged difficulty is self‐created, but is not determinative.
Second Motion to Grant Variance: Made by Moriah Tebor
Vote: Moriah Tebor: Yes
Steven Wolf: Yes
Steven Beer: Yes
Condition: The applicant removes the plastic storage building on the proposed Lot A, because it increases the
percentage of lot coverage permitted in granting the variance requests.
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, Columns 10, 11, and 13, 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