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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