Loading...
HomeMy WebLinkAboutBZA 3125-310 W. State St.-Decision Letter-5-7-2019CITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, 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.: 3125 Applicant: Teresa Halpert Deschanes, Owner Property Location: 310 W. State Street Zoning District: CBD -60 Applicable Section of City Zoning Code: Section 325-8, Column 14/15. Requirement for Which Variance is Requested: Rear Yard Publication Dates: May 1, 2019 and May 3, 2019. Meeting Held On: May 7, 2019. Summary: Appeal of Teresa Halpert Deschanes for an Area Variance from Section 325-8, Column 14/15, Rear Yard requirements of zoning ordinance. The applicant is in the process of constructing a single family carriage house at the property located at 310 W. State Street. The original plan for the building was to install the top of the basement a few inches above grade and have a ground level landing at the back door. Unfortunately, the water table was higher than expected and the contractor could not excavate to the depth that was originally proposed. Subsequently, the top of the foundation is approximately 18" above the grade and the applicant must now install a code compliant landing and stairs at the rear door. The new landing will be 36" x 40" and will encroach approximately 2 feet into the rear yard setback. This will reduce the rear yard setback to 8 feet of the 10 feet required by the ordinance. The property is located in a CBD -60 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: May 7, 2019. No public comments in favor or in opposition. Members present: Steven Beer, Chair Teresa Deschanes - Recused Steven Wolf Marshall McCormick 1 Tompkins County Review per Section 239 -I & -m of New York State General Municipal Law: N/A 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 identify any negative long term planning impacts and supports this appeal. Motion: A motion to grant the variance request was made by Steven Wolf. 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 n No El There was no evidence that there will be an undesirable change in the character of the neighborhood. There was no public comment in opposition of the variance. The project was approved by the Ithaca Landmarks Preservation Commission for its facade and function. The carriage house that was on the west property line and very close to the rear property line, was demolished in 2014. The positioning of the new carriage house will be an improvement given the historic character of the neighborhood. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes n No El At this point it is not possible to make the building smaller since it was already constructed, delivered, and installed on the site. The possibility of removing the back door to eliminate the rear landing is not practical given the building has already been designed and built in its current configuration. Removing the back door would eliminate egress from the kitchen area and direct access to the rear yard. 3. Whether the requested variance is substantial: Yes n No El The landing is only 36 X 40 inches and the setback is 8 feet of the required 10 feet. The 20% variance would not be considered substantial, particularly relative to the previous location and the existing deficiencies, of the demolished carriage house. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes ❑ No El If there is any adverse impact, it would be the foundation and not the variance. If there is a hydrological problem with the new basement, it may suggest an issue. But, since both Planning and Zoning allow this type of development, the Board sees no negative impact on the physical or environmental conditions. In respect to aesthetics and the broad design of the building, it will be an upgrade and will add housing to the City. 5. Whether the alleged difficulty was self-created: Yes n No El The applicant is not responsible for the hydrological conditions of the site and filling or removing the basement, or removing the rear door, would be very unreasonable given the requested variance. 2 Second Motion to Grant Variance: Made by Marshall McCormick. Vote: Steven Beer, Chair Yes Steven Wolf Yes Marshall McCormick 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 14/15 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. , B •f' d of Zoning Appeals May 13, 2019 Date 3