HomeMy WebLinkAboutBZA Decision Letter - Appeal 3043 - 107 W. Lincoln StCITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Zoning
PHYLLIS RADICE, 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: Aaron Buechel
Appeal No.: 3043
Zoning District: R -2b
Meeting Held On: September 6, 2016
Property Location: 107 West Lincoln Street
Publication Dates: August 25, 2016 & August 26, 2016 (The Ithaca Journal)
Summary: Appeal of Aaron Buechel, owner of 107 W. Lincoln Street, for Area Variances from Section 325-
8, Columns 11, Columns 13, and 14/15, Front Yard, Other Side Yard, and Rear Yard, requirements of the
Zoning Ordinance. The property at 107 West Lincoln Street is a single-family home with a two-story
garage. The applicant proposes to convert the upper story of the garage into a studio apartment, changing
the classification of the garage from an accessory use to a second primary use on the property. While the
existing garage at 107 West Lincoln Street meets the minimum other side yard and rear yard setback
requirements for an accessory structure, it does not meet the other side yard and rear yard setbacks, as
a single dwelling unit with garage space. Used as an accessory structure, the existing garage has another
side yard setback of 3.7 feet. Constructing a dwelling unit in the garage structure requires the other side
yard to be a minimum of 5 feet. The existing garage is set back 3.4 feet from the rear yard property line.
As a primary structure, zoning requires a minimum 20 -foot rear yard setback. The property at 107 West
Lincoln Street also has an existing deficient front yard that will not be exacerbated by the applicant's
proposal. The front yard setback is 7.4 feet; the required front yard setback is 10 feet. The property at
107 West Lincoln Street is in an R -2b Use District where the proposed studio apartment is permitted;
however Section 325-38 requires a variance be granted, before a Building Permit can be issued.
Requirement for Which Variance is Requested: Front Yard, Other Side Yard, & Rear Yard
Applicable Section of City Zoning Code: Section 325-8, Columns 11, 13, & 14/15
Members Present:
Steven Beer, Chair
Teresa Deschanes
Marshall McCormick
Public Hearing Held On: September 6, 2016. No one spoke in favor or against granting the appeal.
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, CEQR,. 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/A
Motion: A motion to grant the variance request was made by Teresa Deschanes.
1. Whether an undesirable change would be produced 'in the character of the neighborhood or a
detriment to nearby properties: YesFj No 1'71
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® Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance:
Findings: While the building meets the setback requirements for an accessory garage, as a garage and
dwelling unit, it does not meet the required setbacks. The only reasonable alternative is to grant the
variances requested.
3. Whether the requested variance is substantial: Yes N M
Findings: It is not substantial. The three deficiencies are pre-existing and two are related to the garage
being converted to a dwelling unit, which will not have any impact.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: YesF-] No -,
Findings: The existing garage will be remodeled and reconfigured, so it becomes a more attractivit,
infrastructure on the lot and as part of the neighborhood. it will also extend the use of the property.
5. Whether the alleged difficulty was self-created: '�, o F-1
Findings: Yes, the desire to create a dwelling unit in an accessory structure, which will cause setback
deficiencies, is self-created. However, this finding is not determinative when weighed against the other
factors considered in granting the appeal.
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Steven Beer, Chair- 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, Column 11, 13, and 14/15, 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.
S,e- tember 19, 2016
of Zoning Appeals Date
ning Administration