HomeMy WebLinkAboutBZA 3108-327 W. Seneca St.-Decision Letter-11-6-2018CITY 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.: 3108
Applicant: STREAM Collaborative for Estate of Orson Ledger, Owner
Property Location: 327 W. Seneca Street
Zoning District: B -2d
Applicable Section of City Zoning Code: Section 325-8, Column 11, 12, 13, and 14/15.
Requirement for Which Variance is Requested: Front Yard, Side Yard, Other Side Yard and Rear Yard
Publication Dates: October 31, 2018 and November 2, 2018.
Meeting Held On: November 6, 2018.
Summary: Appeal of STREAM Collaborative on behalf of the owner, Estate of Orson Ledger, for an
Area Variance from Section 325-8, Column 11, Front Yard, Column 12, Side Yard, Column 13, Other
Side Yard, and Column 14/15, Rear Yard requirements of the Zoning Ordinance. The applicant proposes
to demolish the existing 2 story building and construct a new 3 story building at the property located at
327 W. Seneca Street. The new building will contain 12 units and the applicant would like to optimize
construction costs to meet the rental market of 70%-80% of the area median income rate. To achieve the
affordable rental rates, the building needs to contain 18 bedrooms to make the project financially viable.
The applicant proposes to utilize the interior of the building for the essential elements needed for the 12
apartments. Entry canopies, bike storage, and trash enclosures will be used along the perimeter of the
building to provide the tenants with these amenities. The applicant proposes to have a front yard building
setback of approximately 7 feet and the front canopy will encroach into the front yard an additional 4 feet,
leaving approximately 3 feet of the 10 required by the ordinance. The west side of the building will be 10
feet from the property line although, the installation of the canopy will reduce the setback to 6 feet of the
10 feet required by the ordinance. The canopy on the east side of the building will also encroach in the
required side yard leaving 1 foot of the 5 feet required. The zoning ordinance requires the rear yard to be
15% of the lot depth and the applicant proposes to place the building 10 feet from the averaged rear lot
line. The ordinance requires a 13 –3" rear yard.
The property is located in a B -2d business 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: November 6, 2018.
No public comments in favor or in opposition.
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Members present:
Steven Beer, Chair
Teresa Deschanes
Steven Wolf
Environmental Review: 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.
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 and supports this appeal. All the
requested variances will improve the design of the building, make the units more livable and improve the
day-to-day quality of life of the residents. The side -yard variances allow for generous canopies over the
entrances, while the front and rear yard variances increase the square footage of the apartments over
minimum standards.
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 n No
The design seems to be quite reasonable and the case is compelling. There was no testimony from interested
parties that there were any problems with the proposal and the planning board did approve the proposal. On
that bases, there is no claim for detriment and in fact increasing density and expanding affordable housing
seems to be positive. The design for trash, bikes, and lighting being out of the weather for access is a benefit.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes n No
There were discussions concerning the loss of livable square footage, the expense to incorporate these
amenities, and the energy efficiency verses the conformance with the yard setbacks. This proposal is more
attractive than the alternative.
3. Whether the requested variance is substantial: Yes ❑ No
The variances are not substantial because the encroachment of the canopies are only four running feet on
the faces of the building. This are not viewed as substantial in light of the existing setbacks of the
adjoining properties
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes P No
While the encroachment of the front canopy will seem to crowd the sideway area, this is not substantial
given that, if the canopies are well designed and maintained, the tradeoff is acceptable.
5. Whether the alleged difficulty was self-created: Yes ® No n
The applicant could have engineered the building differently and calculated the cost effectiveness
differently for the proposed building and in that respect it is self-created.
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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, 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, 13 and 14/15 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.
Secreta , i oar• Zoning Appeals Date
November 19, 2018
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