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HomeMy WebLinkAboutBZA 3165 - 419 N Cayuga Street - Decision Ltr CITY OF ITHACA BOARD of ZONING APPEALS Area Variance Findings & Decision Appeal No.: 3165 Applicant: Barken Family Realty Property Location: 419 N. Cayuga Street Zoning District: R-3aa Applicable Section of City Zoning Code: §325-8, Columns 7, 11, and 13. Requirement for Which Variance is Requested: Lot Width, Front Yard, and Other Side Yard. Publication Dates: September 30, 2020 and October 1, 2020. Meeting Held On: October 6, 2020. Summary: Appeal of property owner Barken Family Realty for an Area Variance from Section 325-8, Column 7, Lot Width, Column 11, Front Yard, and Column 13, Other Side Yard, requirements of the Zoning Ordinance. The applicant recently renovated a vacant 4-unit residential building located at 419 N. Cayuga Street. The building currently contains 1 one-bedroom unit, 1 two-bedroom unit, and 2 one- bedroom units with studies. The applicant would like to use the study rooms in each of the two ground- floor units as bedrooms. This change would convert the 2 one-bedroom units with studies to 2 two-bedroom units and would increase the overall building occupancy. The proposed change meets NYS Residential Code, and the property has sufficient off-street parking for the proposed occupancy. No further exterior or interior alterations are proposed. However, the proposed increase in occupancy is considered an enlargement of a nonconforming structure. The property is 49’ wide at the street and a minimum lot width of 50’ is required in the R-3aa zone. Section 325-32 of the Zoning Ordinance states that an area variance must be granted before increasing the unrelated occupancy of a property that does not meet the minimum lot size requirements. The property also has existing front yard and other side yard deficiencies that will not be exacerbated by the proposal. The property is located in the 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. Public Hearing Held On: October 6, 2020. Members present: Steven Beer, Chair Suzanne Charles Teresa Deschanes Stephanie Egan-Engels Steven Wolf 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 The Board received letters of support from the following interested parties: Jay Potter, 421 N. Cayuga Street Joseph and Catherine Allen, 417 N. Cayuga Street Jerry Dietz, 411 N. Cayuga Street Gail Salk, 411 N. Cayuga Street Timothy Terpening, 425 N. Cayuga Street Barry Valentine, 427 N. Cayuga Street There were no comments 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 Board supports increased housing options, which, in this case, can be accomplished with no exterior change to the building. Deliberations & Findings: The Board noted that the request is relatively inconsequential. The request will allow additional occupancy, and it will help achieve the City’s goals of additional housing without changing the exterior of the building. The use is allowed by zoning. The deficiency in lot width is minimal, is existing, and cannot be changed. The neighboring property owners are appreciative of the applicant’s efforts to improve the property. Motion: A motion to grant the variance request was made by S. Wolf. Factors Considered: 1. Whether an undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties: Yes No As attested to be 6 interested parties, the renovation has been a positive improvement to the neighborhood. The requested variance is part of a larger project that has improved a previously vacant property and enhanced the neighborhood. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes No A variance is required to improve the occupancy, regardless of any physical changes to the building. The work is an improvement to the property and is supportive of the City’s goals to provide additional housing. 3. Whether the requested variance is substantial: Yes No The applicant is not changing the footprint of the building; they are only changing how space is allocated. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes No Given that this property has been vacant for a long time, this is clearly positive change for the community. 5. Whether the alleged difficulty was self-created: Yes No The applicant could retain the current occupancy but overall the project is a positive for both the private and public interest. Second Motion to Grant Variance: Made by S. Egan-Engels. Vote: 4-0-0 Suzanne Charles YES Teresa Deschanes YES Stephanie Egan-Engels YES Steven Wolf YES The BZA, taking into the five factors for an area variance, finds that the benefit to the applicant outweighs the deterimant to the neighborhood or community. The BZA further finds that the variances from the Zoning Ordinance, §325-8, Columns 7, 11, and 13, are the minimum variances that should be granted in order to preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. ___________________________ October 7, 2020 Megan Wilson, Senior Planner Date Secretary, Board of Zoning Appeals