Loading...
HomeMy WebLinkAboutBZA 3204 - 308 Ithaca Road - Decision CITY OF ITHACA BOARD of ZONING APPEALS Area Variance Findings & Decision Appeal No.: 3204 Applicant: Michael Cook and Laura Miller, Property Owners Property Location: 308 Ithaca Road Zoning District: R-1b Applicable Section of City Zoning Code: §325-8, Columns 10, 11, and 13 and §325-25. Requirement for Which Variance is Requested: Lot Coverage by Buildings, Front Yard, Other Side Yard, and Location of Accessory Structure. Publication Dates: February 2, 2022 and February 5, 2022. Meeting Held On: February 8, 2022. Summary: Appeal of property owners Michael Cook and Laura Miller for an area variance from Section 325-8, Column 10, Lot Coverage by Buildings, Column 11, Front Yard, and Column 13, Other Side Yard, requirements of the Zoning Ordinance as well as Section 325-25, Location of Accessory Structures. The applicant proposes to demolish an existing 12’ x 20’ garage on the property at 308 Ithaca Road and construct a new 16’ by 30’ garage. The new garage will be constructed at approximately the same distance from the side property line as the existing structure; however, this sites the garage at 4.8’ of the required 6’ setback for accessory structures in an R-1 district. In addition, the larger garage will exacerbate an existing deficiency in lot coverage by buildings. The R-1b district allows a maximum of 25% lot coverage by buildings. The property has an existing lot coverage by buildings of 26.4% and the larger garage will increase this to 28.9%. The property also has existing front yard and other side yard deficiencies that will not be exacerbated by this proposal. 308 Ithaca Road is located in a R-1b use district in which the proposed use is permitted. However, Section 325-38 requires that an area variance be granted before a building permit is issued. Public Hearing Held On: February 8, 2022 Members present: Michael Cannon Steven Henderson Joseph Kirby David Barken, Chair 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 following interested parties submitted comments in support of the appeal: - Laura Myer, 310 Ithaca Road - Adrienne Roeder and Erich Schwarz, 317 Ithaca Road - Elizabeth Martyn and Michael Ryzewic, 306 Ithaca Road 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 supports home improvement and ownership investments, and in older homes and neighborhoods, this inevitably triggers existing variances. They find these to be minor deficiencies, like that the proposed garage is sited further away from the public way, and find no long-term negative impacts to planning. Ithaca Landmarks Preservation Commission Recommendation: Not applicable. Motion: A motion to grant variance #3204 for 308 Ithaca Road was made by M. Cannon. Deliberations & Findings: The Board finds that the relocation of the accessory structure is a good plan for the individual property and is consistent with the neighborhood. The Board notes that the support from the immediately adjacent neighbors is indicative of the positive change that this project will have on the neighborhood. 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 existing garage is located at the same distance from the neighboring property at 310 Ithaca Road. While not conforming to the zoning regulations, this is an existing condition that has characterized the property and is not further exacerbating the deficiency. • The proposed garage will be large than the existing structure, but the expansion will be toward the rear of the lot, which abuts City-owned parkland, and moves the structure further from the neighbor’s home. The increase in lot coverage will not be perceived from the public way. • The front yard and other side yard deficiencies are existing and will not be exacerbated by the proposal. • The Board has received multiple comments in support of this appeal from nearby property owners. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes No • It may be feasible to locate the new garage to meet the 6’ accessory structure setback requirement. However, this location would not align with the existing driveway. In addition, the garage would be located closer to the primary structure, which would result in additional requirements for NYS Residential Code. It would also remain as close to the neighbor’s house. • The applicant could also choose to rebuild within the current footprint. However, the existing garage is too small to accommodate the needs of the property owners or a modern vehicle. 3. Whether the requested variance is substantial: Yes No • The Zoning Ordinance requires that the garage be located 6’ from the side lot line, and the applicant proposes to locate the new structure 4.8’ from the adjacent property. The property has an existing deficiency in lot coverage by buildings, and the larger garage will increase the lot coverage to 26.4% of the required 25%. The Board does not find either of these to be substantial requests. • The front yard and other side yard deficiencies are existing and 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 garage is located in approximately the same locate location as the existing garage. • The existing driveway can be reused by utilizing this location, avoiding further disruption to the environment. 5. Whether the alleged difficulty was self-created: Yes No • The property has established rights to the existing condition, and the applicant is choosing to construct a larger accessory structure. However, the proposed garage will better meet the needs of the property owner without exacerbating negative impacts on surrounding properties or the neighborhood as a whole. Second Motion to Grant Variance: Made by S. Henderson. Vote: 4-0-0 Michael Cannon YES Steven Henderson YES Joseph Kirby 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 applicant outweighs the detriment to the neighborhood or community. The BZA further finds that the variances from the Zoning Ordinance§325-8, Columns 10, 11, and 13, and §325-25 are 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