HomeMy WebLinkAboutBZA 3123 527 N Aurora Street-Decision Letter-4-2-2019CITY 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.: 3123
Applicant: Robert Morache of Shandor Holdings, LLC
Property Location: 527 N. Aurora Street
Zoning District: R -2b
Applicable Section of City Zoning Code: Section 325-8, Columns 4, 10, 11, 12, 13, 14/15
Requirement for Which Variance is Requested: Off -Street Parking, % of Lot Coverage, Front Yard,
Side Yards and Rear Yard
Publication Dates: March 27, 2019 and March 29, 2019
Meeting Held On: April 2, 2019
Summary: Appeal of property owner Robert Morache of Shandor Holdings, LLC for an area
variance from Section 325-8, Column 4, Off -Street Parking, Column 10, Percentage of Lot
Coverage, Column 11, Front Yard, Columns 12 and 13, Side Yard, and Column 14/15 Rear Yard
requirements of the Zoning Ordinance The property at 527 N. Aurora Street is a two-family
residence with a neighborhood commercial facility (a hair salon) that is allowed by a special permit
issued on March 1, 2011. As a condition of the special permit, the property owner must provide
the required four off-street parking spaces within 500' of the property. The applicant leased the
required spaces from a neighboring property owner until 2017, but the owner is no longer able to
lease the spaces. The applicant seeks a variance for the required four parking spaces. Off-street
parking has never been provided on site, and there is no area available to provide the required
spaces on the property due to site constraints. Residents of the property and customers of the
commercial use will park on -street, on either N. Aurora Street or E. Marshall Street. The property
also has existing deficiencies for percent of lot coverage, both front yards, and the rear yard. These
deficiencies will not be exacerbated by the proposal.
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: April 2, 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:
Not applicable
Environmental Review: This is an Unlisted Action under the City of Ithaca Environmental Quality
Review Ordinance ("CEQRO"), and State Environmental Quality Review Act ("SEQRA"), and is subject
to Environmental Review.
Lead Agency: The City of Ithaca Board of Zoning Appeals did, on April 2, 2019 declare
itself Lead Agency for the environmental review for the approval of zoning appeal 3123,
an area variance for the property located at 527 N. Aurora Street in the City of Ithaca.
Motion to Approve Moved By Teresa Deschanes Seconded By: Steven Wolf
Steven Beer, Chair Yes
Teresa Deschanes Yes
Steven Wolf Yes
Environmental Determination: The City of Ithaca Board of Zoning Appeals, acting as
Lead Agency, on April 2, 2019, reviewed the Short Environmental Assessment Form
(SEAF) and determined the requested variance will result in no significant impact on the
environment.
Motion to Approve Moved By Teresa Deschanes
Steven Beer, Chair Yes
Teresa Deschanes Yes
Steven Wolf Yes
Seconded By: Steven Wolf
Planning & Development Board Recommendation:
The Planning Board does not anticipate any negative impacts and supports this appeal. There is no change
to existing conditions and there is sufficient on -street parking for those clients that arrive by car.
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 is no evidence that there will be an undesirable change in the character of the neighborhood. The
parking that had been previously rented was not contributing to the use of this neighborhood facility. The
granting of the variance would bring about a little change, due to the current use of on -street parking for
the facility. Further evidence shows that there is a trade-off between people who live in the neighborhood
and use the on -street parking at night and the clients that utilize the on -street parking during the day.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes ❑ No El
There is no reason to disbelieve the applicants' assertions that he made multiple attempts to secure leased
parking and was unable to do so.
3. Whether the requested variance is substantial: Yes n No
In balance of the findings, it does not seem to be substantial. Given that it is an existing condition that
will more or less continue, the variance is not substantial and will have little effect on the current
conditions.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes ❑ No El
The environmental conditions will have minimal change. There were no concerns raised from the
surrounding neighbors that indicated there would be an adverse impact.
5. Whether the alleged difficulty was self-created: Yes ❑ No El
The special permit was issued prior to the applicant's purchase of the property. The applicant attempted to
continue to lease the required parking but, by no fault did he know, that the leased spaces would become
unavailable. The applicant did try to find leasable parking spaces, but none were available.
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, finds 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 4, 10, 11, 12, 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.
April 4, 2019
Date