HomeMy WebLinkAboutBZA Decision Letter - Appeal 3005 - 123-127, 133, 135-139 E. State St. (Scott Whitham) - 10-19-15T CITY OF ITHACA
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000 ° ° 0 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
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U o 0�0 ;� Division of Zoning
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0000 °��� PHYLLIS RADKE, DIRECTOR OF ZONING ADMINISTRATION
c�9pORAI Telephone: Planning & Development — 607 - 274 -6550 E -Mail: cpyott@cityofithaca.org
CITY OF DiHACA BOARD of ZONING APPEALS (BZA)
Area Variance Findings &Decision
Applicant: Scott Whitham (for owner, L Enterprises, LLC)
Appeal No.: 3005
Zoning District: CBD -60 /CBD -100
Hearing Held On: October 6, 2015
Property Location: 123 -127, 133, 135 -139 E. State St.
Requirement for Which Variance is Requested: The applicant claims the size of the project necessitates
using 100% of the lot for the building. However, District Regulations state that 100% lot coverage is allowed
only when the required 10 -foot rear yard is provided. As proposed, the project has no rear yard.
Applicable Section of City Zoning Code: Section 325 -8, Column 10, Percentage of Lot Coverage, and Column
14/15, Rear Yard Depth
Members Present:
Steven Beer, Chair
Teresa Deschanes
Steven Wolf
Marshall McCormicl<
Motion: A motion to grant the variance requests was made by Teresa Deschanes.
Tompkins County Review per Section 239 -1 and -m of New York State General Municipal Law: Not
required.
Environmental Review: Type: Unlisted Action. On June 25, 2013, the City of Ithaca Planning and
Development Board determined that, with the incorporation of the mitigations identified in Part 3 of the Full
Fn\ /irnnmPntad Acc.PccmPnt Form (FEAR the proposed site plan will result in no significant impact on the
environment and a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be
filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act.
Planning & Development Board Recommendation: The Board granted Site Plan Approval for this project in
August 2013 and granted a two -year extension to the approval in August 2015. The Board supports the
project and recommends granting this appeal.
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 project is almost identical to what was granted two years ago. The proposal to have the
building located on the rear lot line is consistent with the current building on site.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance:
Yes ❑No®
Reasons: Because of space issues and the height of the proposed building, it is necessary to use 100% of the
lot area.
3. Whether the requested variance is substantial: Yes F—] No
Reasons: For the reason that the current building already covers 100% of the lot.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes ❑ No F;J
Reasons: In as much as this was previously determined when this request was originally heard; and nothing
with this new proposal has substantially changed.
5. Whether the alleged difficulty was self- created: Yes F;J No ❑
Reasons: It may be self- created, but the benefits of this proposal to the applicant and the street facade
outweigh considering this criterion in granting the request.
Second Motion to Grant Variance: Made by Marshall McCormick.
Vote: Steven Beer, Chair: Yes
Teresa Deschanes: Yes
Steven Wolf: Yes
Marshall McCormick: Yes
Determination of BZA Based on Above Factors:
The BZA, taking into consideration the five factors, finds the Benefit to the Applicant outweighs the
Determinant to the Neighborhood or Community. The BZA further finds that variances from Zoning
Ordinance, Sections 325 -5, Column 10, Percentage of Lot Coverage, and Column 14/15, Rear Yard Depth, 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.
dA.-
October 191 2015
Secrets ,Boar of oning Appeals Date
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