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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