Loading...
HomeMy WebLinkAboutBZA 3077-409 N. Meadow St.-Decision Letter-7-13-2017CITY 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: 607-274-6550 Fax: 607-274-6558 E -Mail: gleonardi@cityofithaca.org CITY OF ITHACA BOARD of ZONING APPEALS Special Temporary Permit Findings & Decision Appeal No.: 3077 Applicant: Chrys Gardener for Cornell Federal Credit Union, Owner Property Location: 409 N. Meadow Street (Property Address 401-415 N. Meadow Street) Zoning District: WEDZ-lb and R -2b Applicable Section of Zoning Ordinance: Section 325-9C (4) (e) and Section 325-9C (4) (e) [6] [d] Requirement for Which Variance is requested: Special Temporary Permit for a Community Garden and Required Parking. Publication Dates: June 21, 2017 and June 23, 2017. Meeting Held On: July 13, 2017. Summary: Appeal of Chrys Gardener on behalf of the owner Cornell Federal Credit Union, for a Community Garden Special Permit as required by Section 325-9C (4) (e) of the Zoning Ordinance. The applicant proposes to install a community garden at the Cornell Federal Credit Union property located at 409 N. Meadow Street. The community garden will be located on the portion of the property that fronts Esty Street and will contain 7 garden plots for neighbors. The applicant proposes to maintain the existing buffer landscape and install a fence along the Esty Street sidewalk portion of the property. In addition, the applicant requests a variance for the required parking space due to the bank's need for customer parking and the lack of available spaces on site. Section 325-9C (4) (e) [6] [d], requires the applicant to provide at least one off-street parking space for the use of the gardeners. The property is located in two zone districts, WEDZ-lb and R -2b use districts in which the proposed accessory use is permitted. However, Section 325-9C (4) (e) requires that Community Gardens be permitted only by special permit granted by the Board of Zoning Appeals. Public Hearing Held On: July 13, 2017. No public comment is opposition. Christina Culver from Loaves and Fishes spoke in favor of the proposal. Members Present: Steven Beer, Chair Teresa Deschanes Marshall McCormick Motion: Made by Teresa Deschanes Environmental Review: Type: 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 (14). Tompkins County Review per Section 239 -1 & -m of New York State General Municipal Law: N/A Planning & Development Board Recommendation: The Planning Board recommends approval of this appeal, as it would provide a major neighborhood benefit by making much better use of the current vacant lot. Furthermore, the Comprehensive Plan emphasizes the desirability of locating community gardens throughout the City. Factors Considered: The location and size of the use, the size of the site in relation to it and the location of the site with respect to the existing or future streets giving access to it shall be such that it will be in harmony with the existing or intended character of the neighborhood and will not discourage the appropriate development of adjacent land and buildings or impair the enjoyment or value thereof. Yes ❑ No The applicant has stated that this lot is owned by a bank and currently vacant. The bank intended to use this portion of the property as a parking lot but this portion of the lot is in a R -2b zone and is not zoned for that use. The lot is currently a sunny, treeless vacant lot, with fertile soil and positioned between a bank and a residential neighborhood. The applicant is moving forward with using this lot as a garden and a community garden would be in harmony with the character of the neighborhood. 2. Operations in connection with any special use shall not be more objectionable to nearby property by reason of noise, fumes, increased vehicular traffic or parking demand, vibration or flashing lights than would be the operations of any use permitted without a special permit. Yes ❑ No Without any type of permit, the use of the lot as a garden would be permitted. But, the applicant would like to have a community garden on the lot. There is the matter of providing a parking space for a community garden and the applicant is asking for a variance from that requirement. The Board considered whether the variance for not providing a parking space would be a detriment to the vehicular demand for that area. The applicant stated that they would provide some nearby alternative parking spaces within walking distance to mitigate the parking requirement. Second Motion to Grant Variance: Made by Marshall McCormick Vote: Teresa Deschanes: Yes Steven Beer: Yes Marshall McCormick: Yes Se tBdZoning Appeals July 14, 2017 Date