HomeMy WebLinkAboutBZA 3124 505 S Albany Street-Decision Letter-4-2-2019CITY 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: 607-274-6550 Fax: 607-274-6558
ECONOMIC DEVELOPMENT
E -Mail: gleonardi@cityofithaca.org
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3124
Applicant: Anke Hoffstaetter, Owner
Property Location: 505 S. Albany Street
Zoning District: R -2b
Applicable Section of City Zoning Code: Section 325-8, Column 4, 6, 7, 10, 11, 12, 13, and 14/15
Requirement for Which Variance is Requested: Off -Street Parking Requirement, Lot Area, Lot Width,
Percentage 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 the owner, Anke Hoffstaetter for area variance from Section 325-8, Column 4, Off -
Street Parking, Column 6, Lot Area, Column 7, Lot Width, Column 10, Percentage of Lot Coverage,
Column 11, Front Yard, Column 12 and 13, Side Yards, and Column 14/15 Rear Yard requirements of the
Zoning Ordinance. The applicant proposes to provide a massage practice in her single-family home and has
applied for a special permit with the Planning and Development Board for a home occupation under Section
325-9 of the Zoning Ordinance. The applicant would like to offer services between 9 am and 5 pm on
weekdays with some weekend hours. She plans to have no more than four clients per day and no more than
12-15 clients per week, with appointments scheduled to avoid overlap. The home occupation requires one
off-street parking space be provided. Currently, there is an existing deficiency of two off-street parking
spaces for the four-bedroom residence. The applicant intends to utilize the first floor bedroom for the home
occupation which will thereby reduce the parking requirement to one space for the residential use. The
home occupation requires one space and therefore, there will be no increase in the two off-street parking
spaces originally required for the property. Due to site constraints, there has never been on-site parking and
there is no area available to provide the off-street spaces on the property. Furthermore, clients will be
instructed to park on South Albany Street and South Titus Avenue where on -street parking is available in
these locations without hourly limitations. The property also has existing deficiencies for lot area, lot width,
and percentage of lot coverage, front, side, and rear yard setbacks. 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 pelt fitted by special
permit issued by the Planning and Development Board. However, Section 325-38 requires that an area
variance for off-street parking be granted before a building permit is issued.
Public Hearing Held On: April 2, 2019
Brian Grout, owner of 411 S. Albany Street spoke in favor of the appeal
No public comments 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: 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.
Planning & Development Board Recommendation:
The Planning Board does not anticipate any negative impacts and supports this appeal. The applicant has
demonstrated that the lack of parking will not negatively impact the neighborhood because there is
sufficient on -street parking for those of her clients that arrive by car. The Board supports compatible home-
based businesses, such as the one proposed, because they contribute to an environment where people can
live, work and access services within walking distance and positively impact housing affordability.
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 El
There will be little to no change in the character of the neighborhood. There is a current deficiency in
parking for this property and because the applicant is reducing the parking requirement by utilizing a first
floor bedroom, the number of deficient parking spaces will remain the same.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes ❑ No
In order to obtain the special permit the applicant must receive a variance for the additional parking space
needed to get the special permit for the home occupation.
3. Whether the requested variance is substantial: Yes ❑ No
There is no evidence that the variance is substantial. The deficiencies are pre-existing and parking spaces
requirements will remain at current number of two spaces, which has always existed. Even in
consideration that there will be clients visiting the property, the variance is not considered substantial.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes E No
There was no evidence that there would be an adverse impact on the physical or environmental conditions
in the neighborhood. There will be a small change in the activity of visiting clients, but the impact would
not have an adverse effect on the neighborhood.
5. Whether the alleged difficulty was self-created: Yes ❑ No
The applicant does not need to peruse a special permit, but on the other hand the existing deficiency existed
prior to the applicant purchasing the property. The applicant is not increasing the deficiency and the existing
deficiency will remain the same. But, the applicant needs a variance to obtain the special permit for the
home occupation.
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 4, 6, 7, 10, 11, 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.
Secre
of Zoning Appeals
April 4, 2019
Date