HomeMy WebLinkAboutBZA 3178 - 222 S Geneva Street - Decision Ltr
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3178
Applicant: Joshua Cope of GreenScope Properties, LLC
Property Location: 222 South Geneva Street
Zoning District: R-3aa
Applicable Section of City Zoning Code: §325-8, Columns 4, 6, 7, 10, 11, 12, 13, and 14/15
Requirement for Which Variance is Requested: Off-Street Parking; Lot Area; Lot Width; Lot Coverage
by Buildings; Front Yard; Side Yard; Other Side Yard; and Rear Yard.
Publication Dates: February 24, 2021 and February 27, 2021.
Meeting Held On: April 6, 2021.
Summary: Appeal of Joshua Cope of GreenScope Properties, LLC for an area variance from Section 325-
8, Column 4, Off-Street Parking; Column 6, Lot Area; Column 7, Lot Width; Column 10, Lot Coverage by
Buildings; 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 seeks a variance to increase the
number of bedrooms within the multiple dwelling located at 222 S. Geneva Street as part of a larger
renovation. As part of the project, the applicant is constructing additional bathrooms and other
improvements to support individual renters rather than a single large group. The proposed project will add
two bedrooms to the existing 9-bedroom house, for a total of 11 bedrooms. The addition of these two
bedrooms will exacerbate existing deficiencies in off-street parking. An 11-bedroom multiple dwelling is
required to have 8 off-street parking spaces onsite. Six spaces are currently required, and the property
provides only two spaces.
The property also has existing deficiencies in lot area, lot width, lot coverage by buildings, front yard, side
yard, other side yard, and rear yard that will not be exacerbated by the proposal.
The Board of Zoning Appeals began consideration of this appeal and conducted the public hearing on
March 2, 2021. The Board tabled the appeal to gather more information on allowed occupancy under the
current configuration and the proposed project. The project was originally referred to as a rooming house,
but after reviewing the requirements for rooming houses and multiple dwellings with Planning and Building
staff, the applicant is proposing to meet the requirements for a multiple dwelling. This increases the off-
street parking deficiency from the previous proposal (as described above) but no longer exacerbates the
existing deficiency in lot area. In terms of occupancy, the current 9-bedroom multiple dwelling would be
limited to 14 occupants due to the existing off-street parking deficiency. The proposed 11-bedroom
multiple dwelling would permit up to 26 occupants with a variance for off-street parking.
The property is located in a R-3aa use district in which the proposed use is permitted. However, Section
325-32 requires that an area variance be granted before a building permit is issued.
CITY 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: 607-274-6550 Fax: 607-274-6558 E-Mail: gleonardi@cityofithaca.org
Public Hearing Held On: March 2, 2021.
Members present:
David Barken
Stephen Henderson
Stephanie Egan-Engels
Suzanne Charles, Chair
Liam and Llanya O’Kane, 223 S. Albany Street, submitted a written comment in opposition to the
requested variance.
Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law:
Not applicable.
Environmental Review: This is a Type 2 Action under the City of Ithaca Environmental Quality Review
Ordinance and the State Environmental Quality Review Act 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.
The proposed project does not result in any exterior changes to the building and therefore has no impact
to neighborhood character. The existing deficiencies are typical of the neighborhood.
Ithaca Landmarks Preservation Commission Recommendation:
The Henry St. John Historic District is characterized by and gains historic significance from its relatively
dense assortment of 19th and early-20th century residences. Although many of the larger homes have been
converted into multiple units, this important characteristic has been maintained. The introduction of
additional parking spaces, particularly in highly visible locations, at any property in the historic district
would have a negative impact on this important character defining feature. Therefore, the Ithaca Landmarks
Preservation Commission fully supports the applicant's variance request for partial relief from the parking
requirements.
Motion: A motion to grant variance #3178 for 222 S. Geneva Street with conditions was made by D.
Barken.
Deliberations & Findings:
The Board discussed the impacts on occupancy that the requested variances would have. Specifically, the
off-street parking variance would allow a significant increase in occupancy. While the current owner has
indicated he does not intend to maximize occupancy, there was considerable concern that allowing 26
people in the building would impact neighborhood character and have significant transportation impacts.
All members agreed that an occupancy limitation that is greater than the current limit but not as high as
allowed under Housing Code would be appropriate to address transportation concerns.
The existing deficiencies predate the Zoning Ordinance and cannot be changed.
Factors Considered:
1. Whether an undesirable change would be produced in the character of the neighborhood or a
detriment to nearby properties: Yes No
The requested variance will allow the applicant to add two additional bedrooms as part of a larger project
to renovate the property and provide amenities to encourage individual tenants and other family types,
rather than a large group rental. The overall number of occupants of the building is not intended to increase
significantly. The property has multiple existing deficiencies. Furthermore, the Ithaca Landmarks
Preservation Commission (ILPC) and the Planning and Development Board have provided support for the
requested variances and, in the case of the ILPC, opposition to the construction of additional parking within
the historic district.
Upon review of the proposed site plan and the Board’s review of existing conditions, the Board finds that
the proposed project will not result in an undesirable change on the character of the neighborhood.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes No
Given site conditions, the required parking cannot be constructed on site. The applicant could opt to not
add additional bedrooms but the proposed improvements will have a positive impact on the structure,
housing availability, and the immediate downtown area.
The remaining lot area deficiencies are existing and cannot be addressed by any alternative to the variance.
3. Whether the requested variance is substantial: Yes No
The requested variance for off-street parking is for 6 of the 8 required parking spaces or 75% of the required
amount. There is an existing deficiency in off-street parking, and the property has historically provided 2
of the 6 (33%) previously required spaces. The Board finds this to be a substantial request but believes the
benefits to the neighborhood and property owner warrant the variances, conditioned upon an occupancy
limitation.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No
The request for an area variance at 222 South Geneva Street is a Type II action that has been predetermined
to not have a significant impact on the environment. Furthermore, the Board’s review of the submitted site
plans, testimony from the applicant, and consideration of existing conditions have not provided evidence
of adverse physical or environmental impacts. The property is located in an urban environment on a busy
street. The reduction of required parking has not been proven to directly increase traffic congestion, but
any impacts will be mitigated through an occupancy limit as a condition of this variance.
5. Whether the alleged difficulty was self-created: Yes No
The alleged difficulty is self-created in that the property has established rights to its current occupancy with
the existing off-street parking deficiency. However, the proposal will make the housing more functional
and appealing to individuals, rather than a single large group of renters, which will likely have a positive
impact on the neighborhood and is adaptive to changing trends and market demands in the city.
The existing deficiencies in Lot Area; Lot Width; Lot Coverage by Buildings; Front Yard; Side Yard; Other
Side Yard; and Rear Yard predate the Zoning Ordinance and thus are not self-created.
Second Motion to Grant Variance: Made by S. Henderson.
CONDITION OF VARIANCE: Occupancy of the building shall be limited to 18 total persons
(related or unrelated). No increase in occupancy shall be permitted except by variance issued by
the Board of Zoning Appeals.
Vote: 4-0-0
David Barken YES
Stephen Henderson YES
Stephanie Egan-Engels YES
Suzanne Charles, Chair YES
Determination of the BZA Based on the Above Factors:
The BZA, taking into the five factors for an area variance, finds that the benefit to the applicant outweighs
the detriment to the neighborhood or community. The BZA further finds that the variances from the Zoning
Ordinance, §325-8, Columns 4, 6, 7, 10, 11, 12, 13, and 14/15are 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.
___________________________ April 6, 2021
Megan Wilson, Senior Planner Date
Secretary, Board of Zoning Appeals