HomeMy WebLinkAboutBZA Decision Letter - Appeal 3041 - 213 Cascadilla StCITY 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 ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Applicant: Christopher Kourkoutis
Appeal No.: 3041
Zoning District: R -2b
Meeting Held On: September 6, 2016
Property Location: 213 Cascadilla Street
Publication Dates: August 25, 2016 & August 26, 2016 (The Ithaca Journal)
Summary: Appeal of Christopher Kourkoutis, owner of 213 Cascadilla Street, for variances from Section
325-8, Column 6, 7, 10, 11, 12, and 13, Lot Area, Street Width, Percentage of Lot Coverage, Front Yard,
Other Front Yard, and Side Yard, respectively, requirements of the Zoning Ordinance. The applicant
proposes to make three modifications to the single-family home at 213 Cascadilla Street. Two of these
modifications entail replacing the stairs that currently provide access to the front and rear doors. The
stairs were constructed without a landing and, as a result, pose a safety hazard. Stairs without landings
are not considered in lot coverage calculations or in determining yard setbacks. On the other hand,
landings must be considered in the determination of required yard setbacks and maximum allowed lot
coverage calculations. The applicant proposes to construct a 4'x5' landing at the front door entry.
However, the small lot at 213 Cascadilla Street only has a front yard 2.5 feet in depth and, as proposed,
this landing will extend into the City right-of-way, increasing the deficient front yard to minus 1.5 feet.
The front yard setback is required to be 10 feet. The applicant also proposes to construct a 5'x5' landing
and stairs, as well as an 8'x8' storage shed in the back yard of 213 Cascadilla Street. These two
modifications and the proposed front yard landing will increase the property's lot coverage from 49.2%
to 55.7%. The maximum allowed lot coverage is 35%. In addition, the property has other deficiencies that
will not be exacerbated by the applicant's three proposed modifications. The property at 213 Cascadilla
Street has a lot size of 1,593 SF; the required lot size is 3,000 SF. The lot's width at street is 24 feet. The
required width at street is 35 feet. The other front yard is 0.3 feet; required is 10 feet. The side yard is
1.5 feet; required is 5 feet. The property at 213 Cascadilla Street is in a R -2b Zoning District where a single-
family home is a permitted use; however, Section 325-38 requires variances be granted before a Building
Permit can be issued.
Requirement for Which Variance is Requested: Area, Street Width, Percentage of Lot Coverage, Front
Yard, Side Yard, and Other Side Yard
Applicable Section of City Zoning Code: Section 355-8, Columns 6, 7, 10, 11, 12, & 13.
Members Present-
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Teresa Deschanes
Marshall McCormick
Public Hearing Held On: September 6, 2016. No one spoke in favor or against granting the variances
requested.
Environmental Review.- Type 2. These actions have been determined not to have a significant impact on
the environment and are otherwise precluded from Environmental Review under Environmental
Conservation Law, Section 176-5 C., (12) area variance.
Planning & Development Board Recommendation: The Planning Board did not identify any long-term
planning issues and supported the granting of the variance requested.
Tompkins County Review per Section 239 -1 & -m of New York State General Municipal Law: N/4
Motion: A motion to grant the variance request was made by Marshall McCormick.
1. Whether an undesirable change would be produced in the character of the neighborhood or_�;
detriment to nearby properties: YesF-] oFJ
Findings: Property is clearly on a very small lot, but is also surrounded by many neighboring properties
that also have small non -conforming lots.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance:
Yes_E] •/1
Findings: This house, among others in the neighborhood, has a small lot with an inadequate front yard
setback. The addition of a landing will not exacerbate existing neighborhood conditions where many
neighboring properties have similar deficiencies.
3. Whether the requested variance is substantial: Yes �'
Findings: While the Planning Board suggested that turning the stairs 90 degrees in the front yard would
eliminate the need for a variance, this is not true. The minimum landing that needs to be constructed is
3 feet by 3 feet. This means the landing will still project in the public way. While a 1.5 -foot front yard
variance may seem substantial, within the context of the neighboring buildings, which are also near the
lot line or over the lot line and have other yard deficiencies, the applicant's request is not substantial.
4. Would the variance have an adverse impact on the physical or environmental conditions in tht
ss.
Findings: The proposal will improve the neighborhood in making it safer to exit and enter the building
and the proposal will not have any negative effects.
5. Whether the alleged difficulty was self-created.- Yes El No 0
Findings: The City overlooked the landing requirement when the porch was enclosed, which is not the
fauIt of the applicant.
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Vote:
Steven Beer, air® Yes
Teresa Deschanes: Yes
Marshall McCormick.- Yes
Determination of BZA Based on the Above Factors,-, The BZA, taking into consideration the five factors,
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 6, 7, 10, 11, 12, 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.
El Ii
September 19,
2016
Zoning Appeals Date
dministration
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