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HomeMy WebLinkAboutBZA 3145-204 Lake Ave.-Decision Letter-12-3-2019CITY 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.: 3145 Applicant: Thomas Herman for Audrey DeSilva and Robert Vanderlan, Owner Property Location: 204 Lake Avenue Zoning District: R -2b Applicable Section of City Zoning Code: Section 325-8, Column 10, 11, 13, 14/15 and Section 325-25 Requirement for Which Variance is Requested: Percentage of Lot Coverage, Front Yard, Side Yard, Rear Yard and Location of Accessory Structure Publication Dates: November 27, 2019 and November 29, 2019. Meeting Held On: December 3, 2019. Summary: Appeal of Thomas Heiman on behalf of the owner Audrey DeSilva and Robert Vanderlan for area variance from Section 325-8, Column 10, Percentage of Lot Coverage, Column 11, Front Yard, Column 13, Side Yard, Column 14/15, Rear Yard and Section 325-25, Location of Accessory Structure requirements of the Zoning Ordinance. The applicant proposes to construct a 166 square foot deck in the rear yard of the property located at 204 Lake Avenue. The deck will be located between the existing garage and the rear porch of the home. The applicant proposes to fence around the deck and install a hot tub for their use. The existing property is deficient in percentage of lot coverage by buildings having 38% of the 35% required by the ordinance. Adding the deck will increase the lot coverage to 40.9% which will exceed the 35% maximum coverage by 5.9%. The instillation of the deck will also create a rear yard deficiency reducing the rear yard from 33.9% to 20.5% of the 25% required by the ordinance The property has existing deficiencies in front yard, side yard and the required setback for the garage that will not be exacerbated by this proposal. The property is located in an R -2b 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: December 3, 2019. No public comments in opposition. David Barken, owner of 110 Monroe Street, spoke in favor of the appeal. 1 Members present: Steven Beer, Chair Teresa Deschanes Steven Wolf Stephanie Egan -Engels Suzanne Charles Tompkins County Review per Section 239 -1 & -m of New York State General Municipal Law: N/A Planning & Development Board Recommendation: The Planning Board does not identi any negative long term planning impacts and supports provided there are no unresolved neighborhood concerns. The raised deck is an environmentally alternate to a paved patio and the proposed project is an improvement to the property and investment in a downtown neighborhood. 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. 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 was no evidence that there would be a determent to the neighborhood. There was testimony from a neighbor in favor of the proposed project. The project would be an improvement in the character of the neighborhood because a dilapidated fence would be replaced. Additionally, the decking would be environmental friendly allowing ground saturation rather than a concrete patio that would cause water shed. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes ❑ No The applicant could install a patio. Although, the applicant would prefer the environmental friendly deck instead. The deck would allow drainage of water and have less impact to the environment than a patio which they can install by right. Therefore, a variance is required to accomplish the benefit of achieving an environmental friendly alternative. 3. Whether the requested variance is substantial: Yes n No The variance would not be considered substantial. It is a small increase in the overall lot coverage. Although, the reduction in the rear yard deficiency is a significant percentage, this portion of the yard is already limited by the position of the garage. The garage is permitted to be in the rear yard and there would be very little change in the actual usable area of the rear yard. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes n No Ei The physical conditions would be improved by the addition of the upgrade to the fence. The drainage would be improved by allowing the deck to be constructed. 5. Whether the alleged difficulty was self-created: Yes ® No C The applicants could install a patio to serve the purpose. However, since the environmental conditions will be improved by installing a deck, it is beneficial to weigh this factor in light of the benefits the previous factors will provide. 2 Second Motion to Grant Variance: Made by Stephanie Egan -Engels. Vote: Steven Beer, Chair Yes Teresa Deschanes Yes Steven Wolf Yes Stephanie Egan -Engels Yes Suzanne Charles 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 10, 11, 13, 14/15, and Section 325-25 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. i`i.... Gino Leo "ardi / oning Administrator Secretary, Board of Zoning Appeals December 9, 2019 Date 3