HomeMy WebLinkAboutBZA 3106-108 W. Falls St.-Decision Letter-10-2-2018CITY 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: 607-274-6550 Fax: 607-274-6558
ECONOMIC DEVELOPMENT
E -Mail: gleonardi@cityofithaca.org
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3106
Applicant: Laurie Damiani, Owner
Property Location: 108 W. Falls Street
Zoning District: R -2b
Applicable Section of City Zoning Code: Section 325-8, Column 12 and Column 13.
Requirement for Which Variance is Requested: Side Yard and Other Side Yard
Publication Dates: September 26, 2018 and September 28, 2018.
Meeting Held On: October 2, 2018.
Summary: Appeal of Laurie Damiani for an Area Variance from Section 325-8, Column 12, Side Yard,
and Column 13, Other Side Yard requirements of the zoning ordinance. The applicant proposes to remove
an existing deck and construct a 273.5 SF addition on the rear of the home at 108 W. Falls Street. The
new one story addition will be positioned in line with the west wall of the dwelling. The west wall of the
dwelling is 3.8" from the property line and the addition will extend the side yard deficiency an additional
16'-5" along the west property line. The ordinance requires a 5 foot side yard. The other side yard has an
existing deficiency having 7' of the 10' required by the ordinance. This deficiency will not be exacerbated
by the proposed addition.
The property is located in an R -2b 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.
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: Type 2
This is a Type 2 Action under the City of Ithaca Environmental Quality Review Ordinance ("CEQRO"),
and State Environmental Quality Review Act ("SEQRA"), and is not subject to Environmental Review.
Per CEQRO, Section 176-5 C (12).
Planning & Development Board Recommendation:
The Planning Board does not identify any long term planning impacts and supports this appeal. The
addition is well integrated with the rest of the building and will not be visible from the street.
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 IZI
There was no evidence submitted that the addition would be an undesirable change to the neighborhood.
Changing the outdoor deck to an indoor livable space will not reduce the distance of the existing deficiency
with respect to the side yard dimension. In addition, there would not be an undesirable change, in fact the
addition will be a positive improvement.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes [ No EZI
Moving the addition over a few feet to meet the side yard requirement would not correct the existing side
yard deficiency and there is no practical solution other than a variance.
3. Whether the requested variance is substantial: Yes No
The requested variance maintains the existing side yard deficiency and therefore it is not substantial.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes P No
There was no public comment that there would be an adverse impact on the conditions in the neighborhood.
Actually, improving the home and functionality is considered a positive for the owner.
5. Whether the alleged difficulty was self-created: Yes No
The applicant could continue to live in the existing configuration, but this would is not a particularly
problematic finding.
Second Motion to Grant Variance: Made by Teresa Deschanes.
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, fords 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 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.
October 25, 2018
of Zoning Appeals Date