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HomeMy WebLinkAboutBZA 3113-213-217 S. Fulton St.-Decision Letter-2-5-2019CITY 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.: 3113 Applicant: Andy Boerman for B & H Realty Corp. of Ithaca, Owner Property Location: 213-217 Fulton Street Zoning District: WE/WF Applicable Section of City Zoning Code: Section 325-8, Column 8, 9, 12, 13, and 14/15 Requirement for Which Variance is Requested: Number of Stories, Height in Feet, Side Yard, Other Side Yard, and Rear Yard Publication Dates: January 31, 2019 and February 1, 2019. Meeting Held On: February 5, 2019. Summary: Appeal of Andy Boerman on behalf of the owner B & H Realty Corp. of Ithaca for area variance from Section 325-8, Column 8, Number of Stories, Column 9, Height in Feet, Column 12, Side Yard, Column 13, Other Side Yard, and Column 14/15, Rear Yard requirements of the Zoning Ordinance. The property at 213-217 Fulton Street is one parcel that is segmented by Fulton Street and the railroad tracks owned by Norfolk Southern Corporation. In September of 2018, a portion of Agway's storage building, located west of the railroad tracks off Fulton Street, was destroyed by fire. The applicant proposes to replace the damaged portion of the building and add approximately 700 S.F. of additional storage space. The property is located in the West End Water Front zone which requires new construction to be a minimum of 24 feet in height and have a minimum of two stories. The applicant proposed to construct a one story addition with a pitched roof that has an average height of 12'-6". The new storage space will be used for Agway's product inventory that needs to be at ground level to access the products. A two story building would result in unusable space and not serve the needs of the business. The storage building has existing deficiencies in side yard, other side yard and rear yard that will not be exacerbated by the prospered addition. The property is located in a West End/Water Front use district where 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: February 5, 2019. No public comments in favor or in opposition. 1 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 -I & -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. The minimum two story requirement was intended to improve/impact the street level experience. This building is towards the rear of the property and not highly visible from the public way, and therefore has no street presence. 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 C No El The building setback are existing conditions that will not be exacerbated by the project to repair a burned building and add an addition of 700 square feet of storage space. The variance is for repairing the burned portion of the building, constructing additional space for functionality, and to put some investment into the property. There are adjacent properties, but the addition will not be visible from the street and any changes would be a positive to the neighborhood. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes ❑ No El Requiring a second story or suggesting that the applicant use a reach forklift or a freight elevator to accomplish the two story minimum doesn't make sense given the size of the project or the nature of what is being stored. Requiring a second floor use, such as office space or other, is not practical at this location. This is a one story minor addition to an existing building that suffered damage in a recent fire. 3. Whether the requested variance is substantial: Yes ❑ No In comparison between two stories and one story the variance would be considered substantial. Although, only being a small part of an existing building, that is one story, the variance is not considered substantial. In light of the intent of the zone district which is to create some uniformity and aesthetic from the street. This building does not have its facade facing on the street and would not affect the street frontage effect that is desired by the ordinance. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes C No El This is an existing building and the addition will enhance the building and create benefits for the owner. Agway has some public value by providing products to the needs of the community. 5. Whether the alleged difficulty was self-created: Yes ® No C The applicant could comply with zoning if desired, but this factor is out weighted by the other factors. 2 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 8, 9, 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. February 11, 2019 Secretyary,' o'of Zo 'ng Appeals Date 3