HomeMy WebLinkAboutBZA 3135-215 Wood St-Decision Letter-9-16-2019CITY 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.: 3135
Applicant: Rosemarie Arena, Owner
Property Location: 215 Wood Street
Zoning District: R -2b
Applicable Section of City Zoning Code: Section 325-8, Column 7, 11, & 12
Requirement for Which Variance is Requested: Lot Width at Street, Front Yard, Side Yard
Publication Dates: September 11, 2019 and September 13, 2019.
Meeting Held On: September 16, 2019.
Summary: Appeal of Rosemarie Arena for an area variance from Section 325-8, Column 7, Lot Width at
Street, Column 11, Front Yard, and Column 12 Side Yard requirements of the Zoning Ordinance. The
applicant proposes to replace the existing front stairs at the property located at 215 Wood Street. In order
to obtain a building permit, the new stairs must be compliant with the NYS Residential Code, and have a
landing area that is a minimum of three feet in depth at the front door. The new 3 foot landing will encroach
into the front yard setback leaving 7 feet of the 10 feet required by the ordinance. The property has existing
deficiencies in lot width at street and side yard that 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: September 16, 2019.
No public comments in favor or in opposition of the proposal.
Members present:
Steven Beer, Chair
Teresa Deschanes
Stephanie Egan -Engels – non-voting new member
Steven Wolf
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Tompkins County Review per Section 239 -1 & -m of New York State General Municipal Law:
Not Applicable.
Planning & Development Board Recommendation:
The Planning Board does not identify any negative long term planning impacts and finds the proposal
reasonable.
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.
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 No
The improvement of the stairs and entrance to the building will provide a safe and level landing that will
be an upgrade for this property. In principle, the improvement will produce a positive change for the
surrounding neighborhood. With respect to the deficiency in the front yard setback, it is not a significant
change and will not infringe upon the sidewalk or cause an undesirable change to the neighborhood or a
detriment to nearby properties.
A/
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes n No
There is the possibility of having the stairs positioned at a right angle. But, it is not atti active or
practicable given the minimal nature of the encroachment into the front yard setback. The repositioning of
the stairs would also be out of character with the architectural design of the building and it would be not
attractive for the neighborhood. The building code requires that a landing be provided.
3. Whether the requested variance is substantial: Yes E No IZI
The variance is for a 7 foot setback of the 10 feet required. On a percentage basis, the variance could be
considered substantial. But given that it does not impede into the public right-of-way and that it will be
aesthetically fitting with the properties in the neighborhood, it is not considered substantial.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes n No
The new landing and stairs will provide safety and be a material improvement of the quality of this building.
The use of quality materials will in fact have a positive impact on the physical and environmental condition
of the neighborhood.
5. Whether the alleged difficulty was self-created: Yes n No
The requirement to have a landing was not self-created. The building code requires the landing and having
stairs that will be safe is a necessary and a practical solution.
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Second Motion to Grant Variance: Made by Teresa Deschanes
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 325-8, Column 7, 11, and Column 12 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.
,�j September 23, 2019
Gino - eonard/Zoning Administrator Date
Secretary, Board of Zoning Appeals
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