HomeMy WebLinkAboutBZA 3149-108 Short Street-Decision Letter-1-7-2020CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEP ';TMENT 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.: 3149
Applicant: Nancy Wells, Owner
Property Location: 108 Short Street
Zoning District: R -2b
Applicable Section of City Zoning Code: Section 325-8, Column 12.
Requirement for Which Variance is Requested: Side Yard
Publication Dates: December 31, 2019 and January 3, 2020.
Meeting Held On: January 7, 2020.
Summary: Appeal of Nancy Wells for an area variance from Section 325-8, Column 12, Side Yard
requirements of the Zoning Ordinance. The applicant proposes to construct a single story addition and deck
on the rear of the home at 108 Short Street. The new addition will provide an additional bedroom and
bathroom that will be accessed from the first floor. The proposed deck will wrap the new addition and be
aligned with the southern corner of the house. There is an existing side yard deficiency at this location, and
the new deck will exacerbate the deficiency along the side yard. The existing setback is 7' and the proposed
deck will exacerbate the deficiency laterally, approximately 8 feet along the side yard. The ordinance
requires a 10 foot side yard setback.
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: January 7, 2020.
No public comments in favor or in opposition.
Members present:
Steven Beer, Chair
Steven Wolf
Stephanie Egan -Engels
Suzanne Charles
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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 identify any negative long term planning impacts and supports this appeal.
The proposed project makes the deck more usable, is an improvement to the property and a welcome
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 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 El
There were no public comments in opposition of the proposed variance. The new addition and deck will
allow the owner more usable space and extending the deck to the edge of the house will give more room to
access the rear entry door. This project would help to improve the property and downtown neighborhood.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes n No
The applicant originally did consider keeping the portion of the deck at the required 10 foot setback. But a
variance was sought for the benefit of symmetry and usability of the space.
3. Whether the requested variance is substantial: Yes r No
The proposal does not increase the existing deficiency between the house and the side lot line. The
variance is not substantial in that it would allow the deck to extend the deficiency laterally along the
property line.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes r No
The applicant proposes to install a green roof on the addition which would improve the environmental
conditions and having a deck rather than an impervious patio improves the physical and environmental
conditions of the neighborhood.
5. Whether the alleged difficulty was self-created: Yes ® No n
The difficulty is self-created. Although, in seeking alternatives to the variance, there was no option that
would increase the usability other than to request a variance for the project.
Second Motion to Grant Variance: Made by Steven Wolf.
Vote:
Steven Beer, Chair Yes
Steven Wolf Yes
Stephanie Egan -Engels Yes
Suzanne Charles Yes
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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 12 is the minimum variance that should be granted in order to preserve
and protect the charac er of the neighborhood and the health, safety, and welfare of the community.
January 13, 2019
Gino 'eon.i, Zoning Administrator Date
Secretary, Board of Zoning Appeals
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