HomeMy WebLinkAboutBZA 3146-306 Bryant Ave -Decision Letter-12-3-2019CITY 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: 607-274-6513
ECONOMIC DEVELOPMENT
E -Mail: gleonardi@cityofithaca.org
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3146
Applicant: STREAM Collaborative for 306 Bryant Ave, LLC, Owner
Property Location: 306 Bryant Avenue
Zoning District: CR -3
Applicable Section of City Zoning Code: Section 325-8, Column's 4, 6, 7, 10, 11, 12, 13, and 14/15.
Requirement for Which Variance is Requested: Off -Street Parking, Lot Area, Lot Width, Percentage of
Lot Coverage, Front Yard, Side Yards, and Rear Yard
Publication Dates: November 27, 2019 and November 29, 2019.
Meeting Held On: December 3, 2019.
Summary: Appeal of STREAM Collaborative on behalf of the owner 306 Bryant Ave, LLC for area
variance from Section 325-8, Column 4, Off -Street Parking, Column 6, Lot Area, Column 7, Lot Width,
Column 10, Percentage of Lot Coverage, Column 11, Front Yard, Column 12, Side Yard, Column 13, Other
Side Yard and Column 14/15, Rear Yard requirements of the Zoning Ordinance. The applicant proposes to
alter the two unit dwelling to accommodate 10 unrelated residents at the property located at 306 Bryant
Avenue. The property has established rights for 10 unrelated and the applicant would like to provide a
bedroom for each of the tenants. The two units consist of a studio apartment and a 7 bedroom apartment.
The applicant proposes to convert the studio apat talent to a two bedroom apartment and the 7 bedroom unit
to an 8 bedroom apartment. The property has no parking on site and the proposed alteration requires one
additional parking space be provided. The property has established rights for the required 5 parking spaces
and adding an additional bedroom to the 7 bedroom unit exacerbates the existing deficiency and therefore
requires a variance to comply with the zoning ordinance. The property has existing deficiencies in lot area,
lot width, percentage of lot coverage, front yard, side yard, other side yard and rear yard that will not be
exacerbated by this proposal.
The property is located in a CR -3 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.
Nikolaos Stavropoulos, owner of 413 Dryden Road, submitted a letter of support.
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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 idents any negative long term planning impacts and supports this appeal
provided there are no unresolved neighborhood concerns. The Board feels that the project achieves goal
of adding beds to the housing stock without altering the size of the building
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 Stephanie Egan -Engels.
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 E No
The proposed variance will maintain the same number of unrelated occupants in the building and will not
produce an undesirable change because there is no increase in traffic or occupants. The owner will be
altering the interior of the building to provide a bedroom for each of the permitted occupants. The applicant
wants to provide a better living space for the tenants. The only deficiency created by the proposal is the
requirement for an additional parking space and the owner is willing to provide bus passes at the request of
the tenants.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes r No El
The property has an existing deficiency in parking and has no on-site parking spaces. The only feasible
alternative is to obtain a variance for the additional parking space to add the bedroom. There is no room
on the site to install parking and the applicant offered to provide bus passes as mitigation for the
deficiency. The property is located in a walkable area and close to public transit.
3. Whether the requested variance is substantial: Yes n No
The variance is not substantial considering the proposal. The property has operated for many years
without parking and the owner is offering bus passes to minimize the need for parking. There is a parking
area across the street that has available spaces which will further minimize the impact if parking is
needed.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes [ No El
There would not be an adverse effect on the physical or environmental conditions in the neighborhood. The
option for the bus passes would have a positive impact on the neighborhood and encourage the use of public
transportation.
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5. Whether the alleged difficulty was self-created: Yes No
The property has maintained the rights to 10 unrelated and in order to provide a more livable condition for
the tenants, the zoning ordinance requires one additional parking space be provided due to the number of
bedrooms. The same number of residents will be occupying the building that has been previously allowed.
Second Motion to Grant Variance: Made by Teresa Deschanes.
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
Deteiminant to the Neighborhood or Community. The BZA further finds that variances from Zoning
Ordinance, Section 325-8, Column 4, 6, 7, 10, 11, 12, 13, and 14/15 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.
Gino, e nargorZoningAdministrator
Secretary, Board of Zoning Appeals
December 9, 2019
Date
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