HomeMy WebLinkAboutBZA 3081-203-211 Elm St.-Decision Letter-10-3-2017CITY 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.: 3081
Applicant: Ithaca Neighborhood Housing Services, Inc., Owner
Property Location: 203-211 Elm Street
Zoning District: R -3a
Applicable Section of City Zoning Code: Section 325-8, Column 4 and Column 14/15.
Requirement for Which Variance is Requested: Off -Street Parking and Rear Yard.
Publication Dates: September 27, 2017 and September 29, 2017.
Meeting Held On: October 3, 2017.
Summary: Appeal of Ithaca Neighborhood Housing Services, Inc. for an area variance from Section
325-8, Column 4, Off -Street Parking and Column 14/15, Rear Yard requirements of the Zoning
Ordinance. The applicant proposes to demolish three buildings and construct a 13 unit apartment building
at the property located at 203 -2 11 Elm Street. The project site currently consists of four parcels that will
be consolidated to accommodate the new three story apartment building. As part of the project, the
applicant proposes to install a parking area on the southwest portion of the parcel. The parking area will
accommodate 6 parking spaces and a 24' wide two way driveway aisle for safe ingress and egress. The
applicant contends that the historical data for INNS properties suggests that 6 parking spaces will be
sufficient for the project. The ordinance requires one parking space be provided for each of the 13 units
within the apartment building.
In order to construct the parking area, a retaining wall must be constructed in the rear yard due to the
steep grade at the rear portion of the lot. The applicant proposes to install a three tier retaining wall,
consisting of 7' high sections, to make up this supporting structure. The retaining wall will encroach into
the required rear yard by 7.3', leaving 17.7' of the 25' required by the ordinance.
The property at 203-211 Elm Street is located in an R -3a zoning district where the proposed use is
permitted. However, Section 325-38 requires that a variance be granted before a building permit may be
issued.
Public Hearing Held On: October 3, 2017.
No public comments in favor or in opposition.
Members present:
Steven Beer, Chair
Teresa Deschanes
Moriah Tebor
Steven Wolf
Tompkins County Review per Section 239 -1 & -m of New York State General Municipal Law: N/A
Environmental Review: Type: 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 Board identified only positive long term planning impacts with this appeal and fully supports it
approval. The project has many merits: it replaces the existing aging affordable units with new, attractive,
energy-efficient affordable units; many efforts were taken to minimize or avoid impact to the Unique
Natural Area including limiting the area of disturbance and preserving existing trees; the reduced number
of parking spaces further limits disturbance of the sensitive site; the unavoidable retaining walls on the site
will be heavily planted to make them more attractive and less visible, and finally, the applicant has
demonstrated, based on current parking demand at this site and similar projects, that the reduced number
of spaces meets the needs of the project and its residents.
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 M
The building design and the consolidation of the parcels for the project will be an improvement that will
benefit the neighborhood.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes ❑ No M
Given the discussion between the Planning Board and the applicant, they have modified the plan to best
effectuate the project. The applicant could possibly achieve an alternative that would not require a
variance, but is outweighed by the benefit to the applicant and the neighboring properties.
3. Whether the requested variance is substantial: Yes ❑ No M
With respect to parking, the applicant has shown to the Board that there is an adequate flexible margin in
providing only 6 spaces, if the need for parking increases. Having 6 spaces is a significant reduction from
the 13 spaces required. But, given the calculated demand for parking, the variance is not substantial.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes ❑ No
Due to the lack of elevation drawings for the retaining wall, it is hard to tell if there will be some adverse
effect on the environmental conditions. The Planning Board has assured the Board that the retaining wall
will be constructed and detailed to "minimize or avoid impact to the Unique Natural Area".
5. Whether the alleged difficulty was self-created: Yes ® No ❑
The applicant could do something different or build a smaller building, but this factor is not significate
enough to withhold the granting of the variance.
Second Motion to Grant Variance: Made by Steven Wolf.
Vote:
Steven Beer, Chair: Yes
Teresa Deschanes Yes
Moriah Tebor Yes
Steven Wolf Yes
Determination of BZA Based on the Above Factors:
The BZA, taking into consideration the five factors, fmds 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 and Column 14/15 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.
S ary, B and of Zoning Appeals
October 12, 20
Date