HomeMy WebLinkAboutBZA 3208 - 110 Dryden Road - Decision
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3208
Applicant: Tilson Technology Management and Dish Wireless LLC
Nixon Peabody LLP and Verizon Wireless
Owner: TTEPA Associates, LLC
Property Location: 110 Dryden Road
Zoning District: MU-2
Applicable Section of City Zoning Code: Section 325-29.8(C)(1).
Requirement for Which Variance is Requested: Design Standards for Personal Wireless Service
Facilities.
Publication Dates: February 2, 2022 and February 5, 2022.
Meeting Held On: February 8, 2022.
Summary: Appeal of Tilson Technology Management and Dish Wireless LLC as well as Nixon Peabody
LLP and Verizon Wireless on behalf of property owner TTEPA Associates, LLC for an area variance from
Section 325-29.8C(1), Design Standards for Personal Wireless Service Facilities, of the City of Ithaca
Zoning Ordinance. Dish Wireless proposes to add an antenna array to an existing personal wireless service
facility (PWSF) located on the rooftop of the property at 110 Dryden Road. The new array will be an
addition to existing communications antennas on the property and is considered a modification of the
existing PWSF. Verizon Wireless is proposing to replace an existing array on the property with new
equipment and this is also considered a modification of the existing PWSF.
The City recently amended Article VA, Telecommunications Facilities and Services, of the Zoning
Ordinance, and the amendment requires all PWSF to be located at least 250’ from adjacent residences. The
existing PWSF at this property is located on top of a residential building. This is an existing deficiency
that will not be exacerbated by this proposal.
110 Dryden Road is located in the MU-2 district in which the proposed PWSF is permitted. However,
Sections 325-29.6 and 325-29.16 require compliance with Article VA, including the location requirements
set forth in Section 325-29.8, before a building permit may be issued. Section 325-29.28 authorizes the
Board of Zoning Appeals to grant a variance from any provision of Article VA.
Public Hearing Held On: February 8, 2022.
Members present:
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Zoning
Megan Wilson, Secretary to the Board of Zoning Appeals
Telephone: 607-274-6550 Fax: 607-274-6558 E-Mail: mwilson@cityofithaca.org
Michael Cannon
Joseph Kirby
Steven Henderson
David Barken, Chair
No interested parties spoke in support of or in opposition to this appeal.
Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law:
Not applicable.
Environmental Review: Type 2
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:
As this is an existing nonconformity and an update not causing visual impact, the Planning board finds no
long-term negative impacts to planning.
Motion: A motion to grant the variance request was made by S. Henderson.
Deliberations & Findings:
The Board had no concerns about the requested variance, noting it is an existing facility that is already
deficient in the required setback.
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 proposed installations are modification of an existing personal wireless service facility (PWSF) that
has been located on the rooftop of the property for more than 20 years. Dish Wireless will add an antenna
array, and the Verizon Wireless installation will replace existing equipment. There is no evidence that these
changes will produce an undesirable change to neighborhood character or have a negative impact on nearby
properties.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes No
The locations of personal wireless service facilities are determined by service coverage requirements.
While there is a limited radius where the PWSF can be located, it is preferred, as stated in the Zoning
Ordinance, to co-locate equipment on existing sites whenever possible to limit any visual impacts.
Furthermore, any alternate location within the limited radius of this property will also be deficient in the
resident setback requirements of the zoning ordinance.
3. Whether the requested variance is substantial: Yes No
The proposed installation will be located on the rooftop of a residential structure, and a residential setback
of 250’ is required by the Zoning Ordinance. While this is a deficiency of 100% of the required setback,
this is a deficiency caused by the location of the existing PWSF site on which the new equipment will be
co-located that will not be exacerbated by the proposal.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No
The new PWSF equipment will be part of an existing installation on the property. There is no evidence to
indicate that this modification will have an adverse impact on any physical or environmental conditions.
5. Whether the alleged difficulty was self-created: Yes No
The applicants are proposing to install the new equipment at an existing PWSF location to mitigate visual
clutter, as requested by the City. The residential setback deficiency is an existing deficiency that predates
the City’s adoption of the residential setback requirement.
Second Motion to Grant Variance: Made by M. Cannon.
Vote: 4-0-0
Michael Cannon YES
Joseph Kirby YES
Steven Henderson YES
David Barken, 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 applicants outweighs
the detriment to the neighborhood or community. The BZA further finds that the variances from the Zoning
Ordinance, §325-29.8(C)(1) is 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.
___________________________ February 8, 2022
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals