HomeMy WebLinkAboutBZA 3087-607 S. Aurora St.-Decision Letter-2-6-2018CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, &
Division of Zoning
Gino Leonardi, Secretary to the Board of Zoning Appeals
Telephone: 607-274-6513
ECONOMIC DEVELOPMENT
E -Mail: gleonardi@cityofithaca.org
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3087
Applicant: Charlie O'Connor for 607 S. Aurora St., LLC, Owner
Property Location: 607 S. Aurora Street
Zoning District: R -2a
Applicable Section of City Zoning Code: Section 325-29.3
Requirement for Which Variance is Requested: Dumpster Placement requirements in an R-2 zone.
Publication Dates: January 31, 2018 and February 2, 2018.
Meeting Held On: February 6, 2018.
Summary: Appeal of Charlie O'Connor on behalf of the owner 607 S. Aurora St., LLC for an Area
Variance from Section 325-29.3, Dumpster placement in an R-2 zone. The applicant proposes to install a
dumpster at the property located at 607 S. Aurora Street. The property was recently developed and now
contains four new 2 family dwellings. The owner has found that having individual garbage containers and
recycling bins for the eight rental units has become unsightly and impractical to manage. Therefore, the
applicant would like to place two dumpsters on the property, enclosed with solid fencing, to service the
tenants' needs. The zoning ordinance, Section 325-29.3, requires properties that are located in the R-1 and
R-2 zone district to pursue a variance from the Board of Zoning Appeals prior to the placement of a
dumpster in the zone district.
The property is located in an R -2a residential use district in which the proposed use is permitted.
However, Section 325-38 requires that an area variance be granted before a building permit is issued.
NOTE: The property at 607 S. Aurora Street contains 4 new two family dwellings and 1 existing two
family dwelling for a total of 10 rental units. The owner raised this point at the meeting to clarify the
record.
Public Hearing Held On: February 6, 2018.
No public comments in favor or in opposition.
Members present:
Steven Beer, Chair
Teresa Deschanes
Steven Wolf
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.
Tompkins County Review per Section 239 -1 & -m of New York State General Municipal Law: N/A
Planning & Development Board Recommendation:
The Planning Board does not identify any long term planning impacts with this appeal and supports granting
it. A central trash and recycling area improves this site which houses 20+ student residents.
Motion: A motion to grant the variance request was made by Steven Wolf.
Deliberations & Findings:
Factors Considered:
1. Need for the dumpster: the number of tenants to be serviced by the dumpster and the
availability of alternative methods of solid waste storage and disposal:
The need for the dumpster is in relationship to the alternative which is having a garbage can and recycling
bin for each tenant. In terms of managing waste, hauling efficiency, and tidiness this is a positive step.
2. Proximity to neighbors: the proximity of the proposed dumpster to neighboring properties and
residences:
The siting of the dumpster in relation to this property and the adjacent properties minimizes disruptions of
sights, sounds, and smells. The location of the dumpsters is in a good location and there are no immediate
neighbors in opposition as represented by the lack of persons speaking against the variance request.
3. Other dumpsters: other dumpsters in the vicinity of the proposed dumpster:
There was no information presented about other dumpsters in the immediate area. If in the future, more
dumpsters are installed, we may have more information to weigh this factor.
4. The character of the neighborhood: The proposed use shall not be detrimental to the general
amenity or neighborhood character so as to cause a devaluation of neighboring property values or
material inconvenience to neighboring inhabitants or material interference with the use and
enjoyment by the inhabitants of the neighboring property:
A residential neighborhood is not linked, in people's minds, to the siting of a dumpster. But, with the
increase in density within the City, the consideration of installing dumpsters may increase. The location
of the dumpster, the screening, and the design will not make a significate impact on the character of the
neighborhood.
Second Motion to Grant Variance: Made by Teresa Deschanes
Vote:
Steven Beer, Chair Yes
Teresa Deschanes Yes
Steven Wolf Yes
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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 the variance from Zoning
Ordinance, Section 325-29.3 is 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.
February 9, 2018
Secret. , Bord of Zoning Appeals Date
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