HomeMy WebLinkAboutBZA 3082-228 S. Geneva 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
cityofithaca.org
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3082
Applicant: Neha Khanna and Eric Rosario, Owner
Property Location: 228 S. Geneva Street
Zoning District: R-3 as
Applicable Section of City Zoning Code: Section 325-8, Column 4, 6, 7, 10, 11, 12, and 13.
Requirement for Which Variance is Requested: Off -Street Parking, Lot Area, Lot Width, Percentage of
Lot Coverage, Front Yard, Side Yard, and Other Side Yard.
Publication Dates: September 27, 2017 and September 29, 2017.
Meeting Held On: October 3, 2017.
Summary: Appeal of Neha Khanna and Eric Rosario for area variance from Section 325-8, Column 4,
Off -Street Parking, Column 6, Lot Area, Column 7, Lot Width, Column 10, Percentage of Lot Coverage,
Column 11, Front Yard, Column 12, Side Yard and Column 13, Other Side Yard requirements of the
Zoning Ordinance. The applicant proposes to convert an existing first floor porch to a full bathroom and
add a new porch to the property located at 228 S. Geneva Street. Currently, the single family home has
only one bathroom which located on the second floor. The applicant would like to add the second
bathroom for convenient access for visiting family members and for their use as they age in place. The
new porch will be constructed in the character style of the home which is located within the Henry St.
John Historic District. The new 80 square foot porch will increase the existing lot coverage deficiency
from 35.6 % to 37.5% lot coverage. The zoning ordinance allows a maximum of 35% lot coverage by
building for the zone district. The property has existing deficiencies in parking, lot area, lot width, front
yard, and both side yards that will not be exacerbated by the proposal.
The property at 228 South Geneva Street is located in an R-3aa zoning district where the proposed use is
permitted. However, Section 325-3 8 requires that a variance be granted before a building permit may be
issued.
Public Hearing Held On: October 3, 2017.
Lee Kaltman of 226 S. Geneva Street, Scott Wicks of 227 S. Albany Street and Bryan McCracken, Historic
Preservation Planner for the City of Ithaca; submitted letters of support.
Ed Cope from PPM Homes spoke in favor of the appeal.
No public comment in opposition.
�1
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 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 supports its
approval.
Motion: A motion to grant the variance request was made by Steven Wolf.
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
There will be no undesirable change in the character of the neighborhood. The effort to construct the porch
and create a bathroom increases the survivability of the house to the family and to the future residences is
a general building upgrade.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes ❑ No
As reflected in the Historic Preservation letter approving the project, there are no good alternatives in
older homes such as this. This maintains a tried and true approach to such an upgrade.
3. Whether the requested variance is substantial: Yes ❑ No
The increase in lot area is not substantial in the effort to create a porch after the existing porch is
enclosed. This will be a positive for the home and be consistent with the architecture and street scape of
this historic home.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes ❑ No
As represented in the positive testimony of the neighbors there is no opposition and is viewed as a positive
project.
5. Whether the alleged difficulty was self-created: Yes ❑ No
On the one hand, these folks could get up the stairs and the older generation could make their way upstairs
through other accommodations. But, owning and maintaining an older house is difficult. The applicant
could have foreseen aging and the need for a first floor bathroom. But the fact is; that this is not seen as
self-created and does not off -set the benefit to the applicant.
2
Second Motion to Grant Variance: Made by Teresa Deschanes.
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, 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, 6, 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.
r
Secr 4Brd of Zoning Appeals
October 12, 2017
Date
I