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.
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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
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