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