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HomeMy WebLinkAboutBZA 3115 109-111-Homestead Rd-Decision Letter 3-5-2019CITY 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.: 3115 Applicant: Katrina Morse, Owner Property Location: 109-111 Homestead Road Zoning District: R -la Applicable Section of City Zoning Code: Section 325-8, Column 11. Requirement for Which Variance is Requested: Front Yard Publication Dates: February 27, 2019 and March 1, 2019. Meeting Held On: March 5, 2019. Summary: Appeal of Katrina Morse for an Area Variance from Section 325-8, Column 11, Front Yard requirements of the Zoning Ordinance. The applicant proposes to subdivide the existing parcel into two lots at the property located at 109-111 Homestead Road. The existing single family home will be located on Parcel A and Parcel B will be a buildable lot that the applicant would like to sell. In order to subdivide the parcel, the applicant is requesting a variance for an existing front yard deficiency for the 109-111 Homestead Road dwelling. The existing front yard is 24.6 feet of the 25 feet required by the ordinance. The property is located in an R -la residential use district in which the proposed use is permitted. However, City Code Section 290-8 requires that; subdivision applications confoun to the General City Law and Section 33 which states that a subdivided plat must comply with a municipality's zoning ordinance Therefore, an area variance for the Front Yard deficiency on Parcel A, is necessary for compliance. Public Hearing Held On: March 5, 2019. No public comments in opposition. James Hedlund of 110 Homestead Road spoke in favor. 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 1 Environmental Review: Type: Unlisted This variance is a component of an action that also includes subdivision review. Considered together, this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act for which the Planning and Development Board, acting as Lead Agency, made a Negative Determination of Environmental Significance on January 22, 2019. Planning & Development Board Recommendation: The Planning Board does not identify any long term planning impacts and supports this appeal as it does is an existing deficiency of the existing structure. The Board supports the creation of additional buildable lots within the City. Motion: A motion to grant the variance request was made by Teresa Deschanes. Deliberations & Findings: The Board considered this appeal at the February 5, 2019 meeting and postponed deliberations due to deed restrictions placed on the property by the owner. The owner made the Board aware of these restriction at the meeting on February 5th meeting. The Board was concerned that the public notice sent to the neighbors did not include the description of these restrictions. Therefore, the interested parties were not completely informed of the specifics for the appeal. The owner has since decided to remove the deed restrictions and felt that the district regulation for the R -la zone sufficiently protected her interest. Factors Considered: 1. Whether an undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties: Yes E No There were initial concerns that the proposed subdivision included a number of restrictive covenants which would possibly change the street setback and the regular pattern of the neighborhood. Since those issues have been resolved, the Board can consider this appeal in a straight forward manner. The variance is a matter of approximately 5 inches and approving the variance would allow the subdivision to be approved and create a completely new buildable lot. This will allow the infill the irregularity of the street-scape by having an additional home. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes ❑ No El The applicant needs to have the variance approved for the existing deficiency in order to proceed with the subdivision. 3. Whether the requested variance is substantial: Yes ❑ No El The variance is not substantial. The variance is a matter of less than six inches in order to bring the property into compliance. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes ❑ No El Although, the variance will not change the existing house, it will produce another buildable lot that will potentially fill in the gap in the street face. In addition, the subdivision will produce another housing unit within the City without changing the density of the neighborhood. 5. Whether the alleged difficulty was self-created: Yes ❑ No El It is possible to say the difficulty is self-created because the applicant does not need to subdivide the lot. But, on the other hand, this very small pre-existing deficiency pre -dated the applicants' ownership of the house. In addition the neighbors seem to be in support and the Planning Board issued a positive comment for the creation of a buildable lot. 2 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 1 lis 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. and of Zoning Appeals March 21, 2019 Date 3