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HomeMy WebLinkAboutBZA Decision Letter - Appeal 3038 - 125 Eddy StCITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Zoning PHYLLIS RADI E, DIRECTOR OF ZONING ADMINISTRATION Telephone: Planning & Development — 607-274-6550 E -Mail: cpyoft@cityofithaca.org cityofithaca.org CITY OF ITHACA BOARD of ZONING APPEALS Area Variance Findings & Decision Applicant: Jagat Sharma, for owner Nick Lambrou Appeal No.: 3038 Zoning District: R -2b Meetings Held On: September 6, 2016 & October 4, 2016 (Note: The Zoning Appeal was tabled at the 9/6/16 BZA meeting for further consideration.) Property Location: 125 Eddy St. Publication Dates: September 29, 2016 & September 30 2016 (The Ithaca Journal) Summary: Appeal of Jagat Sharma, architect, for Nick Lambrou, the owner of 123-125 Eddy Street, for variances from Section 325-8, Columns 4, 12, and 14/15, Off -Street Parking, Side Yard, and Rear Yard, requirements of the Zoning Ordinance. The applicant proposes to subdivide 123-125 Eddy Street into two parcels of land to create a new buildable lot. The two existing buildings, a multiple dwelling and single- family home, are located at the northern end of the existing parcel and will be on the lot addressed 125 Eddy Street. On the other lot, addressed 123 Eddy Street, the applicant proposes to build a two-family home. However, the Subdivision cannot be approved unless the lots are compliant with the City Zoning Ordinance. The proposed lot at 125 Eddy Street does not comply with the district regulations for off- street parking, side yard, and rear yard requirements. The existing multiple dwelling and single-family home require a total of 5 off-street parking spaces. However, no -off street parking has ever been provided for the occupants of the two buildings. The applicant is requesting a variance for this deficiency because Eddy Street is approximately 10-13 feet lower than the parcel's elevation along the street line. The applicant believes no vehicular access from the street to this parcel can be achieved. The applicant is also requesting variances for the side yard and rear yard deficiencies. The side yard is 8.92 feet between 125 Eddy Street's north property line and the north face of the existing multiple dwelling on the lot. Required is a 10 -foot side yard. The rear yard is 8'5" between 125 Eddy Street's east property line and the east face of the existing single-family home located on this lot. The minimum rear yard required is 20 feet. The lot at 125 Eddy Street is in an R -2b Zoning District where the multiple dwelling is a legal non -conforming use and the single-family home is a permitted use. However, General City Law, Book 20, Section 33, requires that lots comply with City Zoning Regulations, before a Subdivision can be approved by the Planning and Development Board. Requirement for Which Variance is Requested: Off -Street Parking, Side Yard, & Rear Yard Applicable Section of City Zoning Code: Section 325-8, Columns, 4, 12, & 14/15 Members Present: Steven Beer, Chair Teresa Deschanes Marshall McCormick Public Hearing Held On: September 6, 2016. At the BZA September 6, 2016 Public Hearing, Common Council member Graham Kerslick spoke in support of granting the variances and submitted his opinion letter to the Board. No one spoke in favor or against the appeal at the October 4,. 2016 hearing. Tompkins County Review per Section 239 -1 & -rn of New York State General Municipal Law: The Tompkins County Planning Department reviewed the proposal as submitted and determined it has no negative inter -community or county -wide impacts. 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., (11) Setbacks and lot lines. Planning & Development Board Recommendation: The Planning Board did not identify any long-term planning issues. The Board agrees with the applicant that the steep grades on the site make the installation of parking both difficult and undesirable. The installation of 24-hour parking meters on Eddy Street could help control parking demand in the area. Motion: A motion to grant the variance request was made by Marshall McCormick. Factors Considered: 1. Whether an undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties: Yes❑ No Z Findings: The request concerns existing deficiencies at 125 Eddy Street that will not be affected by the applicant's proposal to subdivide the parcel and there will be no material changes to the exterior or any other use of the land. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes❑ No Z Findings: It would not make sense to ask the applicant to move the buildings so that the buildings comply with the side and rear yard setback requirements. 3. Whether the requested variance is substantial: Yes ❑ No Findings: The side yard is approximately one foot short of meeting the setback required. While the rear yard has a greater deficiency, it can be characterized as not substantial given that neighboring properties have similar deficiencies. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: YesF-] No Z Findings: The existing deficiencies have not and will not impact the conditions of the neighborhood. 2 5. Whether the alleged difficulty was self-created: YesFj No M Findings: The deficiencies are existing and the proposal will not alter pre-existing conditions. Second Motion to Grant Variance: Teresa Deschanes Vote: Steven Beer, Chair: Yes Teresa Deschanes: 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,, Section 325-8, Columns, 4., 12,, 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. 'I October 31, 2016 A Secretar bard of Zoning Appeals Date Director f Zo * Administration 3