HomeMy WebLinkAboutBZA 3177 - 522 Stewart Avenue - Decision Ltr
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3177
Applicant: Michael Barnoski of Trade Design Build on behalf of property owner 522 & 528 Stewart
Avenue LLC
Property Location: 522 Stewart Avenue
Zoning District: R-3a
Applicable Section of City Zoning Code: §325-20F(3)
Requirement for Which Variance is Requested: Maximum Parking Area Coverage.
Publication Dates: January 28, 2021 and January 30, 2021.
Meeting Held On: February 2, 2021.
Summary: Appeal of Michael Barnoski of Trade Design Build, on behalf of property owner 522 & 528
Stewart Ave LLC, for an area variance from Section 325-20F(3), Maximum Parking Area Coverage
requirements of the Zoning Ordinance. The applicant seeks a variance to allow the legal use of an existing
parking area at the rear of the property at 522 Stewart Avenue. The parking area was constructed and
expanded without the appropriate permits or approvals by a previous owner and is nonconforming due to
its location in the required rear and side yards. Section 325-20F(3) stipulates that off-street parking cannot
be located in the required rear yard or side yards in residential districts. While it is large enough to
physically accommodate additional vehicles, the parking area provides 4 legal off-street spaces due to the
zoning deficiencies.
The current owner is renovating the multi-family residential building on the property and is making
improvements to landscaping, site layout, and curbing. The applicant proposes to use the existing parking
area to accommodate 10 legal off-street spaces. This would result in 74% of the required rear yard and
20% of the required other side yard being used for off-street parking. The applicant also proposes to
relocate 4 existing spaces currently in the front yard to the rear yard parking area and to landscape the front
yard. This relocation would reduce the amount of front yard parking to 17% and would eliminate an
existing deficiency from Section 325-20E(3), Parking in Front Yards.
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
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
Suzanne Charles, Chair
Rob Poprawski, 518 Stewart Avenue, submitted a written comment of support of the requested variance.
There were no comments in opposition to the appeal.
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 proposed project is an improvement over existing conditions and a welcome investment in a student
rental property. It removes most parking from the front yard and provides screening to an already existing
parking area in the rear yard. Due to the slope of the site, it would be difficult to move or reconfigure the
existing parking without significant grading. Overall the Board feels that the project has many net benefits
and will make the property more attractive and characteristic of a residential neighborhood.
Ithaca Landmarks Preservation Commission Recommendation:
Not applicable.
Motion: A motion to grant the variance request was made by S. Charles
Deliberations & Findings:
The requested variance is part of the overall project to improve the quality of housing and the property. The
parking area lines up with what is occurring on adjacent properties. The illegality has existed for years,
and the applicant is making efforts to compensate for that by removing parking from the front and proposing
additional landscaping at the rear (part of the purpose of a required rear yard) at their cost. The proposal
includes a key safety improvement (remove cars from Stewart Avenue, eliminate pedestrian/bicycle-
vehicular conflict), a key reason for front yard parking requirements. Relocating the parking to the as-of-
right location would result in the same amount of impervious surface with more disruption to the slope.
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 variance would allow the applicant to utilize an existing illegally paved area for off-street
parking for 10 cars. This area has been in place and used illegally for years. Granting the variance would
result in 74% of the required rear yard and 20% of the required other side yard being used for parking. The
applicant also proposes to relocate 4 existing front yard parking spaces to the rear parking area and to
landscape the front yard that was previously used for parking. This eliminates an existing deficiency from
the front yard parking requirements of the Zoning Ordinance and improves site conditions along Stewart
Avenue. It also removes a potential safety hazard between cars parked perpendicular to Stewart Avenue
and pedestrian, bicyclists, and other vehicles.
Upon review of the proposed site plan and photographs 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.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes No
The applicant could create a parking lot that is out of the rear yard but this would require significant grading
and disruption to the slope. The applicant could meet the current off-street parking requirement with the
five front yard spaces and the four legal spaces in the rear yard. However, the proposed parking relocation
and site work will result in significant improvements to the property.
3. Whether the requested variance is substantial: Yes No
The requested variance would allow parking in 74% of the required rear yard and 20% of one of the side
yards. These requests are substantial, but the majority of this area is already paved. It is also consistent
with other parking areas in the neighborhood.
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 522 Stewart Avenue 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
plans, testimony from the applicant, and consideration of existing conditions have not provided evidence
of adverse physical or environmental impacts. In fact, the proposal will provide additional buffering of
parking from DeWitt Pace and significant safety and aesthetic improvements along Stewart Avenue.
5. Whether the alleged difficulty was self-created: Yes No
The parking area was expanded without approvals by a previous owner, and the current owner is trying to
formalize the parking area and improve the site.
Second Motion to Grant Variance: Made by S. Henderson
Vote: 3-0-0
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 detriment to the neighborhood or community. The BZA further finds that the variances from the Zoning
Ordinance, §325-20F(3) is 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