HomeMy WebLinkAboutBZA 3138 -105 Valentine Pl.-Decision Letter-10-1-2019CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
=y—,;� �� Division of Zoning
RAi�a���y 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.: 3138
Applicant: Sarah Hitchcock, Owner
Property Location: 105 Valentine Place
Zoning District: R-3aa
Applicable Section of City Zoning Code: Section 325-8, Column 6 and Column 11.
Requirement for Which Variance is Requested: Lot Area and Front Yard
Publication Dates: September 25, 2019 and September 27, 2019.
Meeting Held On: October 1, 2019.
Summary: Appeal of the property owner Sarah Hitchcock for an Area Variance from Section 325-8,
Column 6, Minimum Lot Area, and Column 11, Front Yard requirements of the zoning ordinance. The
applicant proposes to convert the single-family dwelling to a multiple residence that will house five
unrelated occupants. The property at 105 Valentine Place is currently a three bedroom single-family home
that is limited to three unrelated occupants by the zoning. The house will remain a single dwelling unit, but
a large bedroom on the second floor will be divided into two bedrooms and the third -floor activity room
will be converted to an additional bedroom, to accommodate the five occupants. No exterior alterations are
proposed and the property has sufficient off-street parking for the expanded residential use. The R-3aa zone
district requires a minimum lot size of 7,000 square feet for the conversion of a single-family home to a
multiple residence. The property has a lot area of 5,876 square feet of the 7,000 square feet required by the
ordinance. The property also has an existing front yard deficiency that will not be exacerbated by this
proposal.
The property is located in an R-3aa 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: October 1, 2019.
No public comments in favor.
William Olney, residing at 914 E. State Street, sent a letter to the Board in opposition to the variance.
Members present:
Steven Beer, Chair
Teresa Deschanes
Steven Wolf
Stephanie Egan -Engels
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Tompkins County Review per Section 239 4 & -in 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.
Planning & Development Board Recommendation:
The Planning Board does not identify any negative long term planning impacts and supports this appeal.
It adds housing density in an appropriate location.
Motion: A motion to grant the variance request was made by Teresa Deschanes.
Deliberations & Findings:
The Board discussed with the applicant the surrounding properties and the uses of buildings; the
configuration of her building and how to accommodate the additional occupants; what strategy will be
used to rent to Cornell graduate students in the enlarged home. The Board also reviewed the letter by Mr.
Olney concerning a one-time noise complaint and determined that it is difficult to predict if tenants will
be respectful of other neighbors and not have an occasional party.
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 was no evidence that there would be an undesirable change in the character of the neighborhood or
detriment to nearby properties. The applicant wants to increase the occupancy from 3 unrelated to 5
unrelated in the building. There will be no changes to the exterior of the building or the surrounding yards.
The property is close to a 400 unit apartment complex and in addition, the other older homes in the
neighborhood typically contain 5 -unrelated occupants in the homes.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes ❑ No
The lot area is not big enough to increase the occupancy to 5 unrelated people without obtaining a
variance and there are no options to increase the size of the lot or acquiring additional property.
3. Whether the requested variance is substantial: Yes ❑ No
One deficiency is an existing deficiency in the front yard and the other is for meeting the area
requirements to change from a single family home to a multiple dwelling for 5 unrelated individuals. The
existing lot lacks approximately 16% of the required lot area for this conversion. The variance, on
balance, is not a substantial variance.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes ❑ No
There was a neighbors' suggestion that adding two more people would create a more frequent risk of loud
late night parties. The Board felt that it wasn't dependent on having 3 or 5 people in the house. The house
does have a large front porch where people would tend to congregate. But, the addition of two people would
not cause an adverse impact on the physical or environmental conditions in the neighborhood.
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5. Whether the alleged difficulty was self-created: Yes ® No ❑
The difficulty is self-created but this factor is outweighed by the other factors.
Second Motion to Grant Variance: Made by Steven Wolf.
Vote:
Steven Beer, Chair Yes
Teresa Deschanes Yes
Steven Wolf Yes
Stephanie Egan -Engels 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 6 and 11 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.
October 10, 2019
G , • Leonaf', Zoning Administrator Date
Secretary, Board of Zoning Appeals
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