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.
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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
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Secretar bard of Zoning Appeals Date
Director f Zo * Administration
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