HomeMy WebLinkAboutBZA Decision Letter - Appeal 3052 - 701-705 Spencer Rd. (Schickel ) - 12-6-16CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Zoning
P14YLLIS 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
Appeal No.: 3052
Applicant: Tom Schickel on behalf of Tompkins Community Action (TC Action)
Property Location: 701-705 Spencer Road
Zoning District: SW -2
Meeting Held On: November 28, 2016
Publication Dates: November 17 and November 18, 2016
Appeal of Thomas Schickel, on behalf of owners Tompkins County and Tompkins Community Action (TC
Action), for an Area Variance from Section 325-8, Column 4, Off -Street Parking, and Column 11, Front
Yard, requirements of the Zoning Ordinance. The applicant proposes to construct a five -story building on
the property located at 701 Spencer Road. The new building will be known as Amici House and will provide
supportive housing for homeless individuals and their children. The 23 -unit five -story building will contain
offices, meeting/training rooms, and a children's playroom on the first floor. The second floor will have
support offices along with apartments; and the remaining efficiency apartments will be located on floors
3-5.
The proposed off-street parking arrangement for the existing building and residential building includes 10
parking spaces in front of the new building and 27 parking spaces located in the side and rear yard of the
property. There are seven additional spaces in the rear yard that are located in the R -2a zone, where the
district line between the SW -2 zone and the R -2a zone divides the property. These seven spaces have
been historically used for the commercial building and are grandfathered as a legal non -conforming use
in an R -2a zone for the building at 711 Spencer Road. The applicant proposes to utilize these spaces to
provide a total of 43 of the 54 parking spaces required by the Ordinance. The applicant contends that,
because this is supportive housing, only a few of the residents are likely to have cars, minimizing the need
to provide the additional 11 parking spaces.
The existing TC Action building is located in the SW -2 zone where district regulations require a buildings'
fagade be located within 15-34' from the curb. TC Action's building is set back 12.8' from the edge of
Spencer Road. The existing front yard set -back deficiency will not be exacerbated by the proposed project.
The property is located in the SW -2 Zoning District, where the proposed use is permitted. However,
Section 325-38 requires a variance be granted before a Building Permit is issued.
Requirement for Which Variance is Requested: Off -Street Parking, and Front Yard Setback.
Applicable Section of City Zoning Code: Section 325-8, Column 4, and Column 11.
Public Hearing Held On: November 28, 2016.
Members Present:
Steven Beer, Chair
Teresa Deschanes
Marshall McCormick
Moriah Tebor
Tompkins County Review per Section 239 -1 & -m of New York State General Municipal Law:
Tompkins County has reviewed the proposal, as submitted and has determined that it has no negative
intercommunity, or county wide impacts.
Environmental Review: Type 1.
The City of Ithaca Planning and Development Board determines the proposed project will result in no
significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the
Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State
Environmental Quality Review Act.
Planning & Development Board Recommendation:
The Planning Board did not identify any long term planning impacts regarding this appeal. This is an
unusual site both in its typography and the fact that it extends into the City ROW. This project is providing
needed services and infill.
Motion: A motion to grant the variance request was made by Teresa Deschanes.
Factors Considered:
1. Whether an undesirable change would be produced in the character of the neighborhood or a
detriment to nearby properties: Yes ❑ No
Findings: The front yard setback has a deficiency of is less than 3 feet. But this deficiency is due to the
existing building located closest to Spencer Road. The new building at 715 Spencer Road will be
constructed in the rear yard of the property. The occupants, for which the parking spaces are required by
zoning, most likely will not own cars and/ or need parking spaces. There is ample evidence that the
occupancy use of the building will be long term and the lack of parking spaces will not impact the
neighborhood.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance:
Yes ❑ No
Findings: This project could not be developed without the variances requested because of the unusual
site layout and the difficulty of creating more parking spaces.
3. Whether the requested variance is substantial: Yes ❑ No
Findings: The front yard deficiency certainly is not substantial and the parking deficiency is also not
substantial since the proposed building occupants most likely will not own cars.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes ❑ No
Findings: Fewer parking spaces is not a concern. The parking area abuts County land and less parking will
make screening easier and will have less impact on the physical or environmental conditions.
5. Whether the alleged difficulty was self-created: Yes ® No ❑
Findings: The applicant could have put forth a smaller project having less required parking spaces, but
this factor is minor in terms of the much greater benefit the community will receive as a result of TC
Action providing needed services for the City.
Second Motion to Grant Variance: Marshall McCormick.
Vote:
Steven Beer, Chair: Yes
Teresa Deschanes: Yes
Marshall McCormick: Yes
Moriah Tebor: 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, Section 325-8, Column 4, and Column 11 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.
December 6, 2016
Secretary, Board f Zoning Appeals Date
Director of Zonip g Administration