HomeMy WebLinkAboutBZA 3161 - 129 Blair Street - Decision Ltr
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3161
Applicant: Christopher Anagnost, Christopher George Corporation
Property Location: 129 Blair Street
Zoning District: CR-3 (Collegetown Residential 3)
Applicable Section of City Zoning Code: Section 325-8, Columns 4 and 13
Requirement for Which Variance is Requested: Off-Street Parking and Other Side Yard.
Publication Dates: May 27, 2020 and May 29, 2020.
Meeting Held On: June 2, 2020.
Summary: Appeal of Christopher Anagnost of Christopher George Corporation for an Area Variance from
Section 325-8, Column 4, Off-Street Parking, and Column 13, Other Side Yard, requirements of the Zoning
Ordinance. The applicant proposes to enlarge a third story dormer to provide additional space within an
existing bathroom. There are two apartments in the building (one two-bedroom unit and one four-bedroom
unit), and the Zoning Ordinance requires three parking spaces for the dwelling. The property has
established parking rights and provides no off-street parking. The proposed alteration will not allow
additional occupancy or require additional off-street parking; however, Section 325-32C(2) requires that an
area variance be obtained to enlarge a nonconforming structure if it does not comply with the parking
requirements. The dwelling also has an existing other side yard deficiency that will not be exacerbated by
the proposal.
The property is located in a CR-3 residential 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: June 2, 2020.
There were no comments in support of or in opposition to the requested variances.
Members present:
Steven Beer, Chair
Suzanne Charles
Teresa Deschanes
Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law:
Not applicable to this appeal.
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.
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
Planning & Development Board Recommendation:
The Planning Board does not identify any negative long-term planning impacts and supports this appeal.
There are no exterior changes to the property and the building will be improved.
Motion: A motion to grant the variance request was made by Suzanne Charles
Deliberations & Findings:
There will be no additional occupants in the building. Members are supportive of improving an older
housing unit.
Factors Considered:
1. Whether an undesirable change would be produced in the character of the neighborhood or a
detriment to nearby properties: Yes No
There is minimal change to the exterior of the building that will only be visible from the rear of the structure.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes No
No, the applicant wants to improve the property so it is on par with other residential buildings in
Collegetown. The bathroom is quite small and not as usable as it could be. The requested way to improve
the property is one of the options with minimal impact.
3. Whether the requested variance is substantial: Yes No
No, the exterior change is very minimal, and the zoning deficiencies are all existing.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No
No, the change will not be visible from the street. The improvement to the bathroom allowed by the
variances does not increase the occupancy or need for off-street parking. There will be no change to the
density of the neighborhood.
5. Whether the alleged difficulty was self-created: Yes No
The applicant could chose not to improve but property will be improved by the change.
Second Motion to Grant Variance: Made by Teresa Deschanes
Vote:
Steven Beer, Chair Yes
Suzanne Charles Yes
Teresa Deschanes Yes
Determination of the BZA Based on the Above Factors:
The BZA, taking into consideration 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, Section 325-8, Columns 4 and 13, 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.
___________________________ June 22, 2020
Megan Wilson, Senior Planner Date
Acting Secretary, Board of Zoning Appeals