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HomeMy WebLinkAboutBZA 3181 - 238 Dryden Road - Decision Ltr CITY OF ITHACA BOARD of ZONING APPEALS Area Variance Findings & Decision Appeal No.: 3181 Applicant: STREAM Collaborative on behalf of property owner Lux Ithaca Holdings, LLC Property Location: 232-236 Dryden Road Zoning District: CR-4 Applicable Section of City Zoning Code: §325-8, Column 10. Requirement for Which Variance is Requested: Lot Coverage by Buildings. Publication Dates: March 31, 2021 and April 3, 2021. Meeting Held On: April 6, 2021. Summary: Appeal of STREAM Collaborative on behalf of the owner Lux Ithaca Holdings, LLC for area variance from Section 325-8, Column 10, Percentage of Lot Coverage by Buildings of the Zoning Ordinance. The applicant previously proposed to construct a four story 8-unit apartment building at the property located at 232-236 Dryden Road. The property has two existing buildings on the parcel and the applicant would like to construct a third building on the eastern portion of land, between Dryden Road and Summit Avenue, to be known as 238 Dryden Road. The addition of the third building created a deficiency in the lot coverage by buildings and rear yard requirements of the Zoning Ordinance. A variance was previously granted on October 1, 2019 for the percentage of lot coverage and rear yard requirements for the proposed building. The building was then reconfigured to accommodate a Fire Department a ccess area which encroaches into the rear yard. The applicant sought new area variances for the reconfigured building, and the Board granted these variances on February 4, 2020. The applicant now wishes to subdivide the property to create two lots. Lot 1, 232-236 Dryden Road, will include the two existing multiple dwellings, and Lot 2, 238 Dryden Road, will be the site of the new multiple dwelling. The proposed subdivision creates new zoning deficiencies for both lots. Lot 1 will have a lot coverage by buildings of 55.5%, which exceeds the 50% allowed in the district by 5.5%. This lot will now meet the rear yard requirement of the Zoning Ordinance. Lot 2 will have a lot coverage by buildings of 53.6%, exceeding the allowed amount by 3.6%. The rear yard deficiency will remain and is allowed under the February 2020 variance (BZA #3150). The property is located in a CR-4 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 and the property can be subdivided. Public Hearing Held On: April 6, 2021. Members present: David Barken 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 Stephen Henderson Stephanie Egan-Engels Suzanne Charles, Chair Edward Crossmore, Attorney for Chi-Kay Cheung and Barbara Cheung, property owners of 109 Summit Avenue, submitted a letter in opposition to the variance. Raymond Schlather, Attorney for ENP Associates, property owner of 320 Dryden Road, submitted a letter in opposition to the variance. Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law: Not Applicable. Environmental Review: This variance is a component of an action that also includes subdivision review. Considered together, this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act for which the Planning and Development Board, acting as Lead Agency, made a Negative Determination of Environmental Significance on March 23, 2021. Planning & Development Board Recommendation: The Board does not identify any long-term planning issues with this proposal and supports the appeal. The Board approved the new building in 2020 and the applicant has agreed to establish an easement for public access for the pedestrian stair from Summit Ave to Dryden Road. Ithaca Landmarks Preservation Commission Recommendation: Not applicable. Motion: A motion to grant variance #3181 for 232-236 Dryden Road was made by S. Egan-Engels Deliberations & Findings: The Board discussed that the construction of the new building can move forward with this variance or the proposed subdivision. The purpose of the subdivision is to make the accounting for the project easier and clearer. D. Barken noted that the owner already has an approved project and accounting ease does not meet the requirements for a variance. Other members noted that the proposed subdivision and associated variance does not change the built environment. The type of development proposed is consistent with the zoning and the area. 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 Board granted area variances #3136 in October 2019 and #3150 in February 2020 to allow construction of a 4-story residential building on the eastern portion of the lot located at 232-236 Dryden Road. The applicant has since decided to subdivide the lot with no changes to the proposed project. 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. The Collegetown zoning is design to allow infill projects such as this. The area serves as a transition from the higher density in central Collegetown to the lower density residential neighborhoods further east and south. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes No The requested variance allows for the subdivision of the site and this action cannot proceed without the variance. The applicant could choose not to subdivide. The Board previously granted area variances for the project, including the new building, and physical development of the site as previously proposed could occur. 3. Whether the requested variance is substantial: Yes No The previously-granted variances allowed lot coverage by buildings of 55.29% for the entire site. The requested variances would allow a lot coverage by buildings of 55.5% for 232-236 Dryden Road and 53.62% for 238 Dryden Road. This is not a substantial request and the proposed project has not changed since the original variances were approved. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes No The proposed construction underwent an extensive environmental review with the Planning and Development Board acting as lead agency. The Planning Board has also reviewed the proposed subdivision and determined that the project would not have a negative impact on the environment on March 23, 2021, 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. 5. Whether the alleged difficulty was self-created: Yes No The alleged difficulty is self-created in that the applicant could have designed a new building to meet the requirements of the Zoning Ordinance. However, in consideration of the previous variances, the Board determined that the benefits of the project outweighed the fact that the difficulty was self-created. The project has not changed and these benefits will still be as part of this project. Second Motion to Grant Variance: Made by S. Henderson. Vote: 3-1-0 David Barken NO 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, Column 10 is 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