HomeMy WebLinkAboutBZA 3213 - Chabad House - Decision
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CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3213
Applicant: Jason K. Demarest Architecture on behalf of property owner Roitman Chabad Center
Property Location: 102 Willard Way and 107 Lake Street
Zoning District: R-2a
Applicable Section of City Zoning Code: §325-8, Columns 4, 10, 11, 13, and 14/15.
Requirement for Which Variance is Requested: Off-Street Parking, Lot Coverage by Buildings, Front
Yard, Other Side Yard, and Rear Yard.
Publication Dates: February 24, 2022 and February 26, 2022.
Meeting Held On: March 1, 2022.
Summary: Appeal of Jason K. Demarest Architecture on behalf of property owner Roitman Chabad Center
for an area variance from Section 325-8, Column 4, Off-Street Parking, Column 10, Lot Coverage by
Buildings, Column 11, Front Yard, Column 13, Other Side Yard, and Column 14/15, Rear Yard,
requirements of the Zoning Ordinance. The applicant proposes to consolidate the two existing parcels
located at 102 Willard Way and 107 Lake Street, with primary frontage of the consolidated lot along Lake
Street. The existing single-family home located at 107 Lake Street will be demolished to allow the
expansion of the Roitman Chabad Center, a religious facility located at 102 Willard Way. The project
involves the construction of a new two-story building that will provide parking on the ground floor with a
dining room, classroom space, kitchens, restrooms and a men’s mikvah above. The new building will
connect to the existing Chabad Center as well as the women’s mikvah, which was constructed as a stand-
alone accessory structure. The project will require several variances to be constructed as proposed:
1. Off-Street Parking: The expanded facility will require 24 off-street parking spaces for the religious
and residential uses on the site. Two spaces will be provided in a surface parking area at the rear
of the buildings and ten spaces will be provided on the ground level of the new building. The
project will have a deficiency of 12 spaces or 50% of the required parking.
2. Lot Coverage by Buildings: With the addition of the new construction, 34.2% of the consolidate
site will be covered by buildings. The R-2a district limits lot coverage by buildings to 30%.
3. Front Yard: The front deck on the existing Chabad Center is located 9.7' from the front property
line. The northwest corner of the new addition will also be located within the required front yard,
reducing the front yard to 21.8' of the required 25' in this location.
4. Other Side Yard: The consolidated lot has one side yard located to the north of the buildings. The
northeast corner of the new building will be located 8.9’ of the required 10’ from the side property
line.
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
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5. Rear Yard: The new building will meet the rear yard requirements of the R-2a zone. However, it
will connect to the existing mikvah, and the mikvah will become part of the primary structure. The
mikvah was constructed as an accessory structure, and while it met the setback requirements for
accessory structures, it does not meet the rear yard requirements for a primary structure. The
mikvah is located 10.3’ from the rear property line. A minimum rear yard of 32’ is required by the
Zoning Ordinance.
102 Willard Way and 107 Lake Street are located in a R-2a 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: March 1, 2022
Members present:
Michael Cannon
Steven Henderson
Joseph Kirby
The following interested parties submitted comments in support of the appeal:
- Ryan Norton, 516 University Avenue
- Sarah Wright, Omega Tau Sigma, 200 Willard Way
The following interested parties submitted comments in opposition to the appeal:
- Kathleen Lilley, 111 and 113 Lake Street
The following interested parties submitted general comments on the project:
- Gaye Quinn, 109 Lake Street
Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law:
Not applicable.
Environmental Review: This variance is a component of an action that also includes site plan review.
Considered together, this is a Type 1 Action under the City of Ithaca Environmental Quality Review
Ordinance and the State Environmental Quality Review Act for which the Planning and Development
Board, acting as Lead Agency, made a Negative Determination of Environmental Significance on February
22, 2022.
Planning & Development Board Recommendation:
The Planning Board does not identify any negative long-term planning impacts and supports community
uses in this environment, thus they support this appeal. They find the variances are mitigated by the
proposed stormwater practices, the addition and retainment of trees to screen the property, the walkability
of the project site, available public transportation, and measures taken by the applicant to reduce impervious
materials along Lake Street.
Ithaca Landmarks Preservation Commission Recommendation:
Not applicable.
Motion: A motion to grant variance #3213 for 107 Lake Street and 102 Willard Way was made by S.
Henderson.
Deliberations & Findings:
The Board noted that for the size of the structure, the extent of the variances are minimal. Many of the
variances are for existing deficiencies, including the most substantial requests.
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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 purpose of the construction is to accommodate existing demand for the religious facility. It will reduce
the current overuse of the outdoor spaces and allow the Chabad Center to better serve its existing members.
The new building will be constructed in a similar architectural style to match the existing character of the
surrounding neighborhood. While the new addition is a large structure, landscaping and topography make
the requested variances imperceptible from the street.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes No
The new building could be redesigned to meet the requirements of the zoning ordinance while still providing
the needed space for the Chabad Center. However, the applicant has submitted documentation
demonstrating that the proposed design, with requested variances, is a preferrable proposal that will have
fewer impacts on the adjacent property and less visibility from the street than a zoning-compliant project.
3. Whether the requested variance is substantial: Yes No
The Board finds that most of the requested variances are not substantial. The off-street parking is arguably
substantial. However, the applicant has provided substantial evidence, including data on parking usage and
travel patterns, to indicate that the off-street parking required by the Zoning Ordinance exceeds the Chabad
Center’s demand. Based on survey, the reduced on-site parking is sufficient to accommodate demand, and
additional on-street parking is available for the peak hours.
The request for an additional 4.2% of lot coverage by buildings is not substantial in this context. The yard
variances are minimal, and the largest requests for setback variances are for existing deficiencies. The rear
yard variance is the result of the integration of the existing mikvah into the larger structure and does not
represent any change to the existing condition.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No
The Planning and Development Board has completed a thorough environmental review of the project and
has determined that there will be no significant impact on the environment. In addition, the Board notes
that the additional interior space provided by the new building will allow more people to be within the
Chabad Center and will reduce regular overuse of the site’s outdoor spaces during peak hours.
5. Whether the alleged difficulty was self-created: Yes No
The alleged difficulty is self-created in that the applicant is proposing new construction that does not meet
the requirements of the Zoning Ordinance. However, the Board finds that the requested variances will have
no adverse impacts on adjacent properties or the broader neighborhood and will significantly benefit the
members of the Chabad Center. The Board finds that the benefit resulting from the granting of the requested
variances outweighs the fact the hardship is self-created.
Second Motion to Grant Variance: Made by J. Kirby
Vote: 3-0-0
Michael Cannon YES
Steven Henderson YES
Joseph Kirby YES
Determination of the BZA Based on the Above Factors:
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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, Column 4, Off-Street Parking, Column 10, Lot Coverage by Buildings, Column 11,
Front Yard, Column 13, Other Side Yard, and Column 14/15, Rear Yard, 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.
___________________________ March 1, 2022
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals