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HomeMy WebLinkAboutBZA 3130-205 Fairmount Ave.-Decision Letter-8-6-2019CITY 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: 607-274-6513 E -Mail: gleonardi@cityofithaca.org CITY OF ITHACA BOARD of ZONING APPEALS Area Variance Findings & Decision Appeal No.: 3130 Applicant: Aaron Rakow, Owner Property Location: 205 Fairmount Avenue Zoning District: R -lb Applicable Section of City Zoning Code: Section 325-25 C Requirement for Which Variance is Requested: Location of Accessory Structure Publication Dates: July 31, 2019 and August 1, 2019. Meeting Held On: August 6, 2019. Summary: Appeal of Aaron Rakow for area variance from Section 325-25 C, Location of Accessory Structure requirements of the Zoning Ordinance. The applicant proposes to replace an existing storage shed with a 14' x 20' garage at the property located at 205 Fairmount Avenue. The property is located on a comer lot and the applicant would like to position the garage one foot from the side lot line that is on the south end of the property. The applicant is limited in buildable area due to the proximity of the existing home, window locations, and a stone patio that the owner would like to preserve. The garage will meet the rear yard setback of 3' but will be deficient in the side yard setback having 1' of the 6' required by the ordinance. The property has an existing deficiency in the other front yard that will not be exacerbated by the proposal. The property is located in an R -lb 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: August 6, 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: 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. CEQR Section 176-6 A (4) (b) for 1-2 Family Dwellings 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 T No El The change that will be produced is not significant. There is visual shading of the garage from the neighboring properties produced by the topography and a neighbor garage. The garage is tucked back in the corner of the property, adjacent to another garage, and there were no comments from the neighbors in opposition of the project. To note, there may have been a garage located in that corner of the property due to an old foundation that was found. The new garage will be located in the same area. The removal of the shed, which is out of character with the neighborhood, is a benefit. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes n No 121 There was discussion concerning a variety of options that were not feasible. Proximity to the house, the window bump -out, and the existing stone patio all suggest that there is not an alternative for the garage placement. 3. Whether the requested variance is substantial: Yes E No The variance request, in terms of the number of feet that the building will be deficient, is substantial. But, the fact that the garage is not adjacent to other living quarters and is visually shielded from the other properties, in itself is mitigation for the variance request. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes E No El There are no natural resources that are in questions and the views are not blocked. In theory, the garage will restore the property to the original condition. 5. Whether the alleged difficulty was self-created: Yes ® No ❑ Certainly the bay window's position to the garage is not something that was self-created. But, the desire to building the garage is self-created. Although, it is not viewed as a determining factor. Second Motion to Grant Variance: Made by Teresa Deschanes. 2 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 Deteiniinant to the Neighborhood or Community. The BZA further finds that variances from Zoning Ordinance, Section 325-25 C, 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. August 21, 2019 Date 3