HomeMy WebLinkAboutBZA 3103-216 University Ave.-Decision Letter-8-7-2018CITY 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.: 3103
Applicant: Anita Graf, Owner
Property Location: 216 University Avenue
Zoning District: R -3a
Applicable Section of City Zoning Code: Section 325-8, Column 4, 6, 7, and 12.
Requirement for Which Variance is Requested: Off -Street Parking, Lot Area, Lot Width, and Side Yard.
Publication Dates: August 1, 2018 and August 3, 2018.
Meeting Held On: August 7, 2018.
Summary: Appeal of Anita Graf for an Area Variance from Section 325-8, Column 4, Off -Street
Parking, Column 6, Lot Area, Column 7, Lot Width at Street, and Column 12, Side Yard requirements of
zoning ordinance. The property at 216 University Avenue is an existing 4 unit multiple dwelling. The
building consists of two studio apartments and two 3 bedroom apai ttnents. The applicant proposes to
convert the two 3 bedroom apartments into four – 1 bedroom apartments. The proposed alteration will
decreasing the number of bedrooms from six, for the two 3 -bedroom units, to four for the four 1 -bedroom
units. Although there is a reduction in the number of bedrooms, increasing the number of apai lnients will
require additional parking spaces to meet the zoning ordinance. The addition of two more apartments
increases the parking requirement from 4 to 6 parking spaces. The property has no parking on site. The
property is located in an R-3 a zone where the lot area is dependent on the number and type of units within
the building. The existing 4 unit building requires 7,750 SF of lot area and by adding two addition units,
the lot area requirement increases to 9250 SF. The existing lot is 7,007.5 of the 9250 SF of lot area
required by the ordinance. There are existing deficiencies in lot width and side yard that will not be
exacerbated by the proposal.
The property is located in an R -3a residential use district in which the proposed use is peunitted.
However, Section 325-38 requires that an area variance be granted before a building permit is issued.
Public Hearing Held On: August 7, 2018.
Three letters of support were received from: Joanna Luks, Barbara A. Burke, and J. Robert Cooke.
No Public Comment in opposition.
Members present:
Steven Beer, Chair
Teresa Deschanes
Lindsay Jones
Steven Wolf
Tompkins County Review per Section 239 -I & -m of New York State General Municipal Law:
N/A
Environmental Review: This is a Type 1 Action under the City of Ithaca Environmental Quality Review
Ordinance ("CEQRO"), and State Environmental Quality Review Act ("SEQRA"), and is subject to
Environmental Review.
Lead Agency: The City of Ithaca Board of Zoning Appeals did, on August 7, 2018 declare itself
Lead Agency for the environmental review for the approval of zoning appeal 3103, an area
variance for the property located at 216 University Avenue in the City of Ithaca.
Environmental Determination: The City of Ithaca Board of Zoning Appeals, acting as Lead
Agency, on August 7, 2018, reviewed the Short Environmental Assessment Form (SEAF) and
determined the requested variance will result in no significant impact on the environment.
Planning & Development Board Recommendation:
The Planning Board does not identify any long term planning impacts with this appeal. There are no
exterior changes to the building and because the occupancy will be lower- parking demand should be
lower as well.
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
The issue of substance is lack of parking. The reduction in the number of occupants, even if the number of
units increases, will decrease the parking burden.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes n No
There is no parking on site and there is no opportunity to construct any parking on the lot. The applicant
could consider obtaining parking off site, but other than that there is no feasible alternative.
3. Whether the requested variance is substantial: Yes I- No
The increase in the number of units with the decrease in the number of occupants, provides an expectation
that the demand for parking will drop. There could even be less effect on the need for parking which
makes this variance not substantial.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes n No
As the letter suggested, whether it is noise or foot traffic apparently the change in the property will decrease
the physical effects on the neighborhood. We had our formal environmental review and the effects were
negative.
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5. Whether the alleged difficulty was self-created: Yes ® No n
The decision to change the configuration is pursued by the applicant. But, upgrading the apartments and
bathrooms to adapt to the market seems to be a reasonable decision to make. There isn't parking located on
the parcel now and there will not be parking in the future. The decrease in the number of occupants does
not seem to exacerbate the existing condition.
Second Motion to Grant Variance: Made by Lindsay Jones.
Vote:
Steven Beer, Chair Yes
Teresa Deschanes Yes
Lindsay Jones 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, and 12 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.
Sec
and of
oning Appeals
August 8, 2018
Date
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