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HomeMy WebLinkAboutBZA 3067-421 N. Albany St.-Decision Letter-6-6-2017CITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Zoning Gino Leonardi, Secretary to the Board of Zoning Appeals Telephone: 607-274-6513 E -Mail: gleonardi@cityofithaca.org CITY OF ITHACA BOARD of ZONING APPEALS Area Variance Findings & Decision Appeal No.: 3067 Applicant: Brian Buttner R.A. for Steven Centeno, Owner Property Location: 421 N. Albany Street Zoning District: R -2b Applicable Section of City Zoning Code: Section 325-8, Column 4, 7, 10, 11, 12, and 13. Requirement for Which Variance is requested: Off-street parking, Lot Width, Lot Coverage, Front Yard, Side Yard, and Other Side Yard Publication Dates: May 31, 2017 and June 2, 2017. Meeting Held On: June 6, 2017. Summary: Appeal of Brian Buttner, R.A. on behalf of the owner Steven Centeno for an area variance from Section 325-8, Column 4, Off-street parking, Column 7, Lot Width, Column 10, Percentage of Lot Coverage by buildings, Column 11, Front Yard, Column 12, Side Yard, Column 13, Other Side Yard requirements of the zoning ordinance. The applicant recently removed the unsafe rear porch at the property located at 421 N. Albany Street. The proposal is to replace the porch with a new 8' X 12' porch, in keeping with the original character of the building. The original rear porch was approximately 45 S.F. and the new porch measures 96 S.F. The property is currently exceeds the percentage of lot coverage by building having 38.9% of the 35% maximum. The new 96 S.F. porch increase the deficiency of percentage of coverage to 40.3% of the 35% required by the ordinance. The property has existing deficiencies in parking, lot width, front yard, side yard, and other side yard that will not be exacerbated by the proposed construction. The property is located in an R -2b residential use district in which the proposed use is permitted. However, Section 325-38 requires that a variance be granted before a building permit is issued. Public Hearing Held On: June 6, 2017 No public comment in favor or in opposition. 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: N/A 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). Planning & Development Board Recommendation: The Planning Board does not identify any long term planning impacts with this appeal and strongly supports granting the variance for this important historic property that served as the first African American fraternity in Ithaca. The project has already received approval from the ILPC Motion: A motion to grant the variance request was made by Moriah Tebor Deliberations & Findings: Factors Considered: 1. Whether an undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties: Yes ❑ No The requested appeal for the rear porch would bring about a desirable change and improve the character of the neighborhood. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes ❑ No The benefit could not be achieved without the variance and the request is for a reasonably sized porch. 3. Whether the requested variance is substantial: Yes ❑ No The variance is not substantial, it represents approximately a 1% increase in lot coverage. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes ❑ No The variance would improve the condition of the home and the neighborhood. 5. Whether the alleged difficulty was self-created: Yes ® No ❑ The applicant decided to increase the size of the porch thereby requiring a variance. The Board felt that this condition did not warrant denial of the variance. Second Motion to Grant Variance: Made by Teresa Deschanes 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, Column 4, 7, 10, 11, 12, and 13 are 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. X/4'Secrp ry, Bo of Zoning Appeals June 14, 2017 Date