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HomeMy WebLinkAboutBZA 3151-214 Eddy St.-Decision Letter-2-4-20CITY 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.: 3151 Applicant: John Banadas for Gregory and Matoula Halkiopoulos, Owners Property Location: 214 Eddy Street Zoning District: R -3a Applicable Section of City Zoning Code: Section 325-8, Column 6 and Column 14/15. Requirement for Which Variance is Requested: Lot Area and Rear Yard Publication Dates: January 29, 2020 and January 31, 2020. Meeting Held On: February 4, 2020. Summary: Appeal of John Banadas on behalf of the owner Gregory and Matoula Halkiopoulos for area variance from Section 325-8, Column 6, Lot Area, and Column 14/15, Rear Yard requirements of the Zoning Ordinance. The applicant proposes to convert the existing carriage barn located at 214 Eddy Street to a 3 bedroom house. The property is located in the East Hill Historic district and the applicant proposes to restore the carriage barn to its historic condition and create a two story dwelling. The proposed conversion of the barn was approved by the Ithaca Landmarks Preservation Commission. The property at 214 Eddy Street currently contains a three story multiple dwelling. This building is classified as an 11 bedroom rooming house which requires 7,000 SF of lot area. With the conversion of the carriage barn to a singly family dwelling, an additional 5,000 SF of lot area is required to meet the zoning ordinance. The property is deficient having 10,787 SF of the 12,000 SF of lot area required by the ordinance. As part of the project, the applicant proposes to move the existing barn approximately five feet to the east to meet the NYS Residential Code for the required fire distance separations. This will provide 6 feet from the rear property line to meet the NYS Code but will be deficient to meet the zoning ordinance. The zoning ordinance requires a 20% of the lot depth for a rear yard. The carriage barn will have 6 feet of the 26.4 feet required by the ordinance. The property is located in an R -3a 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: February 4, 2020. No public comment in support or opposition to the requested variance. 1 Members present: Teresa Deschanes, Acting Chair Suzanne Charles Stephanie Egan -Engels Steven Wolf Tompkins County Review per Section 239 -I & -m of New York State General Municipal Law: N/A Environmental Review: This is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance ("CEQRO"), and State Environmental Quality Review Act ("SEQRA"), and is subject to Environmental Review. Lead Agency: The City of Ithaca Board of Zoning Appeals did, on February 4, 2020 declare itself Lead Agency for the environmental review for the approval of zoning appeal 3151, an area variance for the property located at 214 Eddy Street in the City of Ithaca. Environmental Determination: The City of Ithaca Board of Zoning Appeals, acting as Lead Agency, on February 4, 2020 reviewed the Short Environmental Assessment Form (SEAF) and determined the requested variance will result in no significant impact on the environment. Planning & Development Board Recommendation: The Planning Board does not idents any negative long-term planning impacts and supports this appeal. The Board supports the use of an existing historic building to provide more housing and trusts the decision of the ILPC. Motion: A motion to grant the variance request was made by Suzanne Charles. Deliberations & Findings: The Board discussed the addition of new housing, the project's approval by the Ithaca Landmark Preservation Commission, and the rehabilitation of an existing structure and its conversion to a residential use. Factors Considered: 1. Whether an undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties: Yes n No El The building is an existing structure that will be converted to a dwelling unit. The proposed project will restore the historic appearance of the building and enhance the existing character of the neighborhood. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes E No El There was no feasible alternative identified. The lot area and setback variances are required because the property cannot be made larger and the building could not meet the rear yard setback. The feasible alternatives are limited because this is a historically designated property. 3. Whether the requested variance is substantial: Yes C No The variance is not substantial being approximately 10% of the required lot area. The building, as discussed by the applicant, is being moved to meet the fire distance separation from the rear lot line, which will increase the area for the rear yard. 2 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes n No El The proposal will improve the physical environment through the historically -appropriate rehabilitation of the structure. 5. Whether the alleged difficulty was self-created: Yes ® No n The need for a variance was self-created because the owner decided to convert the structure. The benefits provided through granting the variance, specifically the addition of housing units and the rehabilitation of an existing historic structure, provide significant community benefits. Second Motion to Grant Variance: Made by Steven Wolf. Vote: Teresa Deschanes, Acting Chair 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 6 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. February 13, 2019 Gino oning Administrator Date Secretary, Board of Zoning Appeals 3