HomeMy WebLinkAboutBZA 3195 - 1204 N. Tioga Street - Decision Ltr
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3195
Applicant: Erik Herman
Property Location: 1204 N. Tioga Street
Zoning District: R-2b
Applicable Section of City Zoning Code: §325-8, Columns 11 and 14/15.
Requirement for Which Variance is Requested: Front Yard and Rear Yard.
Publication Dates: July 29, 2021 and July 31, 2021.
Meeting Held On: August 3, 2021.
Summary: Appeal of property owner Erik Herman for an area variance from Section 325-8, Column 11,
Front Yard, and Column 14/15, Rear Yard, requirements of the Zoning Ordinance. The applicant proposes
to demolish the existing front porch and steps and construct a new porch on the single-family home located
at 1204 N. Tioga Street. The current porch is approximately 8’ deep by 14’ wide with steps to grade at the
front of the porch. The existing wood steps cover the original concrete step and extend beyond the property
line, resulting in an existing front yard of 0’. The applicant proposes to construct a new porch that will be
the same 8’ depth but will span the front of the home (approximately 18’). The new porch steps will be
located at the side of the porch and will project into the side yard. The porch itself will be set back 1’ of
the 10’ required from the front property line. While there is an existing front yard deficiency, the project
is considered new construction resulting in the creation of a front yard deficiency. The property also has
an existing rear yard deficiency that will not be exacerbated by this proposal.
The property is located in a R-2b 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: August 3, 2021.
Members present:
Stephen Henderson
Stephanie Egan-Engels
David Barken, Acting Chair
Mary Paisley, 121 E. York Street, submitted comments in support of the appeal.
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.
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 and supports this appeal
for the following reasons:
1. The project brings the front yard deficiency closer to compliance than existing conditions
2. The Board supports well designed investments in homes that increase their attractiveness and
functionality
Ithaca Landmarks Preservation Commission Recommendation:
Not applicable
Motion: A motion to grant variance #3195 for 1204 N. Tioga Street was made by S. Henderson
Deliberations & Findings:
Board members noted that the variance request has merit in moving the stairs off the sidewalk alone. In
addition, the proposal will improve the porch for the applicants use, enhance aesthetics of the property and
improve safety of the porch stairs.
It is possible that the porch may be repairable, but the proposal makes the porch safer and brings the property
closer to compliance.
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 no evidence to indicate that the granting of the variance will create an undesirable change in the
neighborhood. In fact, the project will produce desirable change by relocating the porch steps so they do
not encroach on the sidewalk. The new porch is aesthetically appealing and compatible with the
neighborhood as well as more functional for the property owners.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes No
The property has existing front and rear yard deficiencies. The home is sited so that the main façade is 9’
from the front property line, and any alteration to the front of the home or porch will require a front yard
variances. This proposal does not exacerbate the existing rear yard deficiency.
3. Whether the requested variance is substantial: Yes No
The variance request is substantial in terms of the deviation from the front yard requirements of the R-2b
zone. However, this is largely due to existing deficiencies, and while still deficient, the current appeal
brings the property closer into compliance with the Zoning Ordinance while also
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No
There is no evidence that the proposed project will have an adverse physical or environmental impact. The
porch footprint is largely the same as the existing porch. The stairs are being located to the side of the new
porch, which will have a positive impact.
5. Whether the alleged difficulty was self-created: Yes No
The alleged difficulty is self-created in that the applicant is choose to enlarge the porch and relocate the
stairs. However, the property is nonconforming in its current configuration, and this existing deficiency
predates the Zoning Ordinance.
Second Motion to Grant Variance: Made by S. Egan-Engels.
Vote: 3-0-0
Stephen Henderson YES
Stephanie Egan-Engels YES
David Barken, Acting 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 11 and 14/15 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.
___________________________ August 3, 2021
Megan Wilson, Senior Planner Date
Secretary, Board of Zoning Appeals