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HomeMy WebLinkAboutBZA 3183 - 500 S Meadow Street - Decision Ltr CITY OF ITHACA BOARD of ZONING APPEALS Area Variance Findings & Decision Appeal No.: 3183 Applicant: Ben Gingrich of HSB Architects on behalf of project sponsor Key Bank and property owner Wegmans Food Markets Property Location: 500 S. Meadow Street Zoning District: SW-2 Applicable Section of City Zoning Code: §325-8, Columns 5 and 12. Requirement for Which Variance is Requested: Off-Street Parking and Other Front Yard. Publication Dates: March 31, 2021 and April 3, 2021. Meeting Held On: April 6, 2021. Summary: Appeal of Ben Gingrich of HSB Architects on behalf of Key Bank and property owner Wegmans Food Markets for an Area Variance from Section 325-8, Column 5, Off-Street Loading, and Column 12, Other Front Yard, requirements of Zoning Ordinance. The applicant proposes to subdivide the property at 500 S. Meadow Street and construct a branch office for Key Bank on a portion of the site currently used for overflow parking. The project will involve the construction of a 3,415 square foot, one- story building and 59 parking spaces as well as landscaping and site improvements. The subdivided lot will have two front yards: one on Meadow Street and a second on the access road that leads to the Wegmans location. The proposed project will meet the front yard requirements along Meadow Street, where the building will be located 29.6’ from the curb and will occupy 53% of the lot frontage along the street. There will be a deficiency in the second front yard along the interior road. The building will be located 40’ from that curb and must be located 15’-34’ from the curb to meet the requirement of the Zoning Ordinance. In addition, the bank branch office is required to have 1 off-street loading space that is a minimum of 450 square feet. The project is proposing to construct no designated off-street loading. The property is located in the SW-2 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. Public Hearing Held On: April 6, 2021. Members present: David Barken Stephen Henderson Stephanie Egan-Engels Suzanne Charles, Chair 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 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 site plan 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 February 23, 2021. Planning & Development Board Recommendation: The Board does not identify any long-term planning issues with this proposal and supports the appeal. Due to its location in a floodplain, the building floor must be five feet above the existing grade. The setback is therefore needed to accommodate an accessible entrance from the sidewalk. The Board also supports infill projects such as this that replace an existing surface parking lot with a building. Ithaca Landmarks Preservation Commission Recommendation: Not applicable. Motion: A motion to grant variance #3183 for 500 S. Meadow Street was made by D. Barken. Deliberations & Findings: The Board discussed the floodplain and grading challenges of the site, as well as the siting restrictions due to the signal control box on the northeast corner of the site. The building design as been modified to address the specifics of this site. 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 applicant proposes to construct a branch office for Key Bank on the surface parking lot located at 500 S. Meadow Street. 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. This type of structure is in line with both the zoning and the established characteristics of the area. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes No The applicant meets the requirements for the site’s primary front yard. The applicant is creating an accessible entrance along the second front yard, located off of the access road to Wegmans. Due to requirements for construction in the floodplain, the building floor must be elevated five feet above grade, and the building must be setback 40’ as proposed to provide sufficient spaces for the accessible entry ramp. The applicant could design the project to provide a designated off-street loading space. 3. Whether the requested variance is substantial: Yes No The applicant proposes to construct the building façade 40’ from the curb in the second front yard, which is a greater setback than the 15’-34’ allowed by zoning. This is not a substantial request. In addition, the applicant seeks a variance of 1 space or 100% of the off-street loading requirement for the project. As it pertains to the utility of the structure, the off-street loading is not a particular need. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes No The proposed project underwent an environmental review with the Planning and Development Board acting as lead agency. The Planning Board determined that the project would not have a negative impact on the environment on February 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 meet the requirements of the Zoning Ordinance by providing a designated loading space and redesigning or relocating the accessible entry. However, the Board determined that the benefits of the project, including infill of an existing underutilized parking area, outweigh the fact that the difficulty was self-created. Second Motion to Grant Variance: Made by S. Charles 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 5 and 12 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. ___________________________ April 6, 2021 Megan Wilson, Senior Planner Date Secretary, Board of Zoning Appeals