HomeMy WebLinkAboutBZA 3105-111 W. Clinton St.-Decision Letter-10-2-2018CITY 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: 607-274-6550 Fax: 607-274-6558 E -Mail: gleonardi@cityofithaca.org
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3105
Applicant: Ithaca Neighborhood Housing Services, Owner
Property Location: 111 W. Clinton Street
Zoning District: P-1
Applicable Section of City Zoning Code: Section 325-8, Column 11, 12 and Column 13.
Requirement for Which Variance is Requested: Front Yard, Other Front Yard, and Side Yard
Publication Dates: September 26, 2018 and September 28, 2018.
Meeting Held On: October 2, 2018.
Summary: Appeal of Ithaca Neighborhood Housing Services for an Area Variance from Section 325-8,
Column 11, Front Yard, Column 12, Other Front Yard, and Column 13, Side Yard requirements of zoning
ordinance. The applicant proposes to subdivide the property located at 301 S. Geneva Street into two
parcels. Parcel A will contain the buildings at 301 S. Geneva Street and 115 W. Clinton Street and Parcel
B will contain the 111 W. Clinton Street building and the required parking. The required parking for 111
W. Clinton Street will be accessed via a right-of-way from an existing driveway to the three parking
spaces located in the rear yard.
The property at 301 S. Geneva Street has received three variances for the current uses and setbacks.
However, in order to subdivide the property, the newly created parcels must comply with the zoning
ordinance. Parcel A has existing deficiencies in other front yard and side yard. The other front yard of
building 301 S. Geneva Street, is 17.7 feet of the required 25 feet, and the side yard of 115 W. Clinton
Street is 6.3 feet of the 10 feet required by the ordinance Parcel B, which contains the 111 W. Clinton
Street building, has an existing deficiency in the required front yard having 2.6 feet of the 25 feet required
by the ordinance.
The property is located in a P-1 public use district in which the proposed use is permitted by variance.
However, City Code Section 290-8 requires that subdivision applications conform to the General City
Law, Section 33 which states that a subdivided plat must comply with a municipality's zoning ordinance.
Therefore, the area variance for the front yard and side yard deficiencies is necessary for compliance.
Public Hearing Held On: October 2, 2018.
No public comments in favor or in opposition.
Members present:
Steven Beer, Chair
Teresa Deschanes
Steven Wolf
Tompkins County Review per Section 239 -1 & -m of New York State General Municipal Law: N/A
Environmental Review: Type: Unlisted Action
Environmental Review: This is an Unlisted Action under the City of Ithaca Environmental Quality
Review Ordinance ("CEQRO"), and State Environmental Quality Review Act ("SEQRA"), and is subject
to Environmental Review. CEQR Section 176-6 A (4) (b).
Lead Agency: The City of Ithaca Board of Zoning Appeals did, on October 2, 2018 declare
itself Lead Agency for the environmental review for the approval of zoning appeal # 3105, an
area variance for the property located at 111 W. Clinton Street in the City of Ithaca.
Environmental Determination: The City of Ithaca Board of Zoning Appeals, acting as Lead
Agency, on October 2, 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 and supports this appeal. These are
all existing deficiencies and there will be no physical change to the property or occupancy of the buildings.
Motion: A motion to grant the variance request was made by Teresa Deschanes.
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 r No
There will be no change in the character of the neighborhood or detriment to the nearby properties because
this variance request is for a subdivision. The purpose is to place the building on its own parcel.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes n No El
The applicant would like to renovate the building and in order to get funding for the renovations the
building must be on its own parcel. The funding is conditioned on subdividing the land so as to have the
building on its own lot.
3. Whether the requested variance is substantial: Yes n No
The variance is not substantial because it is just creating a new lot and there will be no change in the
relationship between the other buildings. This will not create a new buildable lot in the near future due to
the 50 year requirement associated with the grant financing.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes C No El
There will be no adverse impact on the physical or environmental conditions. The variance will have a
positive effect in that it will allow the owner to renovate the building which will improve the condition of
the building and the neighborhood.
5. Whether the alleged difficulty was self-created: Yes ® No ❑
The difficulty is self-created because the applicant could leave the parcel as it is and not subdivide. It is
their desire to renovate the building which is causing them to seek the variance. But, this is outweighed by
the other benefits to the applicant and to the neighborhood
Second Motion to Grant Variance: Made by Steven Wolf.
Vote:
Steven Beer, Chair Yes
Teresa Deschanes 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 11, 12 and Column 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.
October 25, 2018
Secre . 'r C d of Zoning Appeals Date