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HomeMy WebLinkAboutBZA Decision Letter - Appeal 3039 - 123 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 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: Jagat Sharma, for Nick Lambrou Appeal No.: 3039 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: 123 Eddy St. Publication Dates: September 29, 2016 & September 30 2016 (The Ithaca Journal) Summary: Appeal ofJagat Sharma, architect for Nick Lambrou, owner of 123 Eddy Street, for a variance from Section 325-20 D. (4) (d) [2], Off -Site Parking Space, requirement 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 located at the northern end of the existing parcel — 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 123 Eddy Street complies with all district regulations, except the off-street parking requirement. The applicant believes vehicular access from the street to the site cannot be achieved, because Eddy Street is approximately 10-13 feet lower than the parcel's elevation along the street line. The proposed two-family home requires two parking spaces: one for each 3 -bedroom unit. The applicant is proposing to provide 2 off-street parking spaces at the property located at 303 Eddy Street. The parking spaces at 303 Eddy Street are in an MU -2 Zoning District and located approximately 575 feet from the 123 Eddy Street parcel; the Zoning Ordinance allows 500 feet. The lot at 123 Eddy Street is in an R -2b Zoning District where a two-family home is a permitted use; however, General City Law, Book 20, Section 33, requires that lots comply with City Zoning Regulations before the Subdivision can be approved by the Planning and Development Board. Requirement for Which Variance is Requested: Maximum allowed travel distance where required off- street parking can be achieved. The travel distance to 303 Eddy Street is 575 feet. The maximum allowed travel distance is 500 feet. 303 Eddy Street is in an MU -2 Zoning District. A two-family dwelling is an allowed use in both the MU -2 zone and R -2b zone. Applicable Section of City Zoning Code: 325-20 D. (4) (d) [2], Off -Site Parking Space 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. 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), granting an area variance for a two-family residence. 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: YesF-] No Z Findings: Two off-street parking spaces will be provided on site at 303 Eddy Street. However, the travel distance from 123 Eddy Street to 303 Eddy Street is slightly greater than allowed by the Zoning Ordinance. No undesirable changes would result from granting the variance for this proposal. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: YesF-] No Z Findings: The challenges of the property's incline and location of the lot would make parking on-site cost - prohibitive. 3. Whether the requested variance is substantial: Yes ❑ No Z Findings: While off-street parking will not be met at 123 Eddy Street, the applicant will provide that two off-street parking spaces be made available at 303 Eddy Street. The travel distance to 303 Eddy Street, located in the MU -2 Zoning District, is approximately 575 feet, which is not substantially greater than the 500 -foot maximum travel distance allowed. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: YesF-] No Z Findings: There will be no adverse impact to neighborhood since off-street parking will be provided, for two cars., at 303 Eddy Street. 2 5. Whether the alleged difficulty was self-created: Yes M NoF-] Findings: The applicant chose to divide a lot where slope conditions make the development of parking spaces cost -prohibitive and where existing buildings have setback deficiencies. 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 325-20 D. (4) (d) [2], Off -Site Parking Space, is the minimum variance that should be granted in order to preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. October 31, 2016 Secretary, BovarNrd kf oNn-ping Appeals Date Director o) Zonin!Administration 3