HomeMy WebLinkAboutBZA 3119-402 S. Cayuga St.-Decision Letter-3-5-2019CITY 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: 607-274-6550 Fax: 607-274-6558 E -Mail: gleonardi@cityofithaca.org
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3119
Applicant: Ithaca Neighborhood Housing Services for Ithaca Urban Renewal Agency, Owner
Property Location: 402 S. Cayuga Street
Zoning District: R -3b
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 Ithaca Neighborhood Housing Services (INHS) on behalf of the owner,
Ithaca Urban Renewal Agency for an Area Variance from Section 325-8, Column 11, Front Yard
requirements of zoning ordinance. The applicant proposes construct four attached single family
dwellings at the property located at 402 S. Cayuga Street. The building will contain 3 -2
bedroom units and 1- 3 bedroom unit with garage space for each unit located at the lowest level.
The property is located on the corner of S. Cayuga Street and S. Titus Avenue. The buildable
area of this corner lot is limited due to a 12' deeded right-of-way that travel through the property.
The right-of-way is located approximately 20' from the rear lot line and parallels the rear parcel
line. The applicant proposes to position the building to maintain the right-of-way and meet the
front yard setback required 011 S, Titus Avenue. As a result, the front yard setback on S. Cayuga
Street would be reduced to 7'— 6" of the 10' required by the zoning ordinance
The property received an area variance in 2015 for this project. However, the lack of financial
resources for the project delayed the project and subsequently the variance has since expired.
The property is located in an R -3b 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: March 5, 2019.
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: 1
Environmental Review: This variance is a component of an action that also includes site plan review.
This is a Type 1 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 27, 2015.
Planning & Development Board Recommendation:
The Planning Board does not identify any negative long term planning impacts and supports this appeal.
The Board supports appropriate new housing in the City. This project is on a prominent vacant corner and
aligns with neighborhood goals for new housing. The applicant has incorporated design features, such as
porches and a varied roof line that make it compatible with other residential development in the
neighborhood.
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 ❑ No
There would be no undesirable change in the character of the neighborhood. The neighborhood already
has properties where the porches encroach into the front yard setbacks. The project is architecturally
fitting within the neighborhood and will blend into the surrounding character of nearby properties. A
previous reiteration of the project was approved by the Board of Zoning Appeals a few years ago.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes ❑ No
The applicant presented information that restricted the placement of the building. Due to the existing
right-of-way that travels along the rear of the property, the building has to be placed at its proposed
location. Alternately, reducing the front porch would diminish the usability of the porch. Furthermore,
reducing the size of the building would also reduce the overall square footage to create a usable two
bedroom home. The applicants' intent is to provide affordable housing units, which is greatly needed and
desired by Planning and the Comprehensive Plan for the City.
3. Whether the requested variance is substantial: Yes C No
The variance is not substantial in light that it is only one small portion of the porch that encroaches into
the front yard setback. Given the fact that there are other homes in the neighborhood which encroach into
the front yard setback.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes ❑ No
The Board questioned the applicant on the effects of allowing the porch to be closer to the sidewalk. Would
it have an adverse effect in create noise, crowding, or other environmental conditions? From the information
received, the proposed porches will fit in with the character of the neighborhood and not have an adverse
effect.
5. Whether the alleged difficulty was self-created: Yes ® No ❑
The difficulty is self-created because the applicant is proposing this project. But, it is outweighed by all of
the other factors. In addition, there was strong support from the Planning Board to allow this project to
move forward.
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, is 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.
Sec
d of Zoning Appeals
March 21, 2019
Date