HomeMy WebLinkAboutBZA 3173 - 613 E State Street - Decision Ltr
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3173
Applicant: David Reynolds on behalf of property owner Collegetown Housing LLC
Property Location: 613 E. State Street
Zoning District: R-3a
Applicable Section of City Zoning Code: §325-8, Columns 4, 6, 10, 11, and 13.
Requirement for Which Variance is Requested: Off-Street Parking, Lot Area, Lot Coverage by
Buildings, Front Yard, and Other Side Yard.
Publication Dates: January 28, 2021 and January 30, 2021.
Meeting Held On: February 2, 2021.
Summary: Appeal of David Reynolds on behalf of Collegetown Housing LLC for area variances from
Section 325-8, Column 4, Off-Street Parking, Column 6, Lot Area, Column 10, Percent Lot Coverage by
Buildings, Column 11, Front Yard, and Column 13, Other Side Yard, requirements of the Zoning
Ordinance. The applicant is seeking a variance for two off-street parking spaces for the property at 613 E.
State Street. The property contains two 4-bedroom apartments and requires four off-street parking spaces.
Two parking spaces are provided on-site, and the applicant has rented two additional spaces off-site since
1987. The lease of these spaces has expired, and the applicant has been unable to secure two leased spaces.
The applicant now seeks a variance for these two off-street parking spaces. No physical changes to the
property are proposed. The property has existing deficiencies in lot area, percentage of lot coverage by
buildings, front yard, and other side yard that will not be exacerbated by this proposal.
The property is located in a R-3a 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: February 2, 2021.
Members present:
David Barken
Steven Henderson
Suzanne Charles, Chair
John Crutchfield, 113 Ferris Place, submitted written comments in support of the requested variance.
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.
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
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 with this appeal.
Although the Board generally supports reduction in parking, they also do not find the applicant’s loss of an
existing lease, in itself, a compelling argument for the variance request.
Ithaca Landmarks Preservation Commission Recommendation:
In general, the Ithaca Landmarks Preservation Commission does not support the expansion of parking
within the East Hill Historic District as it often diminishes the park-like, residential quality of the
neighborhood, which is an important character-defining feature. For this reason, the ILPC fully supports
the variance request to partially relieve the parking requirements at 613 East State Street.
Motion: A motion to grant the variance request was made by D. Barken
Deliberations & Findings:
The intent of the off-street parking requirement is to accommodate resident vehicles onsite and avoid over-
parking streets by residents. However, there are ample street parking alternatives that allow 24 hour
parking, including directly in front of the proposed property. This area is densifying. It is very walkable
with easy access to TCAT and Ithaca CarShare. The applicant presented information that all four required
spots are rarely used by his tenants and the two previously-leased spaces were rarely used. It is not possible
to construct the two additional parking spots on site due to the lot size and topography. The ILPC comment
also indicates that any expansion in this area is undesirable and would impact the character of the historic
district. Members agreed with the Planning Board that the inability to find leased spaces is not a compelling
argument for relief from the parking requirement; however, there is sufficient evidence to support the
applicant’s request.
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 off-street parking variance will reduce the property’s required number of parking spaces
from four to two. Historically, only two spaces have ever been provided on-site and the remaining two
spaces were leased from a different property within 500 feet. The property is located in an historic district,
and as noted in the comments of the ILPC, further expansion of parking areas is undesirable in the East Hill
Historic District. As evidenced by testimony of the applicant and members’ evaluation of the
neighborhood, the Board finds that the overall reduction in parking dedicated to residents of 613 E. State
Street will not have an undesirable change on the character of the neighborhood or result in a detriment to
nearby properties.
No new construction, alterations, or other physical changes are proposed for the property. The requested
variances for lot area, percentage of lot coverage by buildings, front yard, and other side yard are for existing
deficiencies that will not be exacerbated by this proposal.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes No
While the applicant could secure an alternate location for leased parking to fulfill the requirements of the
Zoning Ordinance, the applicant has been unable to secure a lease that meets the requirements of the
code.
The applicant could not construct two additional off-street parking spaces on site due to lot size and
topography. The Planning and Development Board and the Ithaca Landmarks Preservation Commission
have both recommended against the expansion of off-street parking on the site and within the neighborhood
in general.
The requested variances for lot area, percentage of lot coverage by buildings, front yard, and other side yard
are for existing deficiencies, and there is no feasible alternative to meet the requirements of the Zoning
Ordinance.
3. Whether the requested variance is substantial: Yes No
The requested variance would allow the applicant to provide two of the four parking spaces or 50% of the
off-street parking required by the Zoning Ordinance. This request is not substantial.
The requested variances for lot area, percentage of lot coverage by buildings, front yard, and other side yard
are not substantial and are for existing deficiencies that will not be exacerbated by the proposal. Any future
changes to the property that would exacerbate these deficiencies will require a separate area variance at that
time.
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 613 E. State 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
documentation, 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 applicant has relied on leased parking to meet the off-street parking requirements for more than thirty
years. He has not secured a new lease for the two remaining spaces. The Board finds that the resulting
parking deficiency is self-created in that the applicant could seek a new lease or reduce the occupancy of
the building. However, the Board finds that the requested variance will not have a significant impact on
the neighborhood.
The existing deficiencies in lot area, percentage of lot coverage by buildings, front yard, and other side yard
predate the Zoning Ordinance and thus are not self-created.
Second Motion to Grant Variance: Made by S. Henderson.
Vote: 3-0
David Barken Yes
Steven Henderson 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 deterimant to the neighborhood or community. The BZA further finds that the variances from the
Zoning Ordinance, §325-8, Columns 4, 6, 10, 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.
___________________________ February 2, 2021
Megan Wilson, Senior Planner Date
Secretary, Board of Zoning Appeals