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HomeMy WebLinkAboutBZA 3210 - 105 Wood Street - Decision1 CITY OF ITHACA BOARD of ZONING APPEALS Area Variance Findings & Decision Appeal No.: 3210 Applicant: Russell Posegate, Property Owner Property Location: 105 Wood Street Zoning District: R-2b Applicable Section of City Zoning Code: §325-8, Columns 11 and 13; §325-25. Requirement for Which Variance is Requested: Front Yard, Other Side Yard, Location of Accessory Structure. Publication Dates: February 24, 2022 and February 26, 2022. Meeting Held On: March 1, 2022. Summary: Appeal of property owner Russell Posegate for an area variance from Section 325-8, Column 11, Front Yard, and Column 13, Other Side Yard, requirements of the Zoning Ordinance as well as Section 325-25A, Location of Accessory Structure. The applicant proposes to construct a new two-story accessory structure on the property at 105 Wood Street. The first floor will be a two-car garage, and the second floor will provide a music studio for both personal use and private music lessons1. The new accessory structure will be located 5’ from the front property line and within the required front yard. Section 325-25A prohibits accessory structures from being sited within the required front yard. The applicant is proposing the current location to allow additional space between the accessory structure and the City-owned retaining wall that abuts the side property line. This additional space will allow better access to the retaining wall for future maintenance. The property has existing deficiencies in front yard and other side yard that will not be exacerbated by the proposal. 105 Wood Street is located in a R-2b 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 1 The property owner is seeking a special permit for a neighborhood commercial facility for the commercial music studio use. 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 2 Joseph Kirby The following interested parties submitted comments in support of the appeal: - Belinda Thompson, 208 Wood Street 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 the existing variances minor deficiencies, like that the proposed garage and music studio is sited further away from the city-owned retaining wall and from the slope, and find no long-term negative impacts to planning. Ithaca Landmarks Preservation Commission Recommendation: Not applicable. Motion: A motion to grant variance #3210 for 105 Wood Street was made by J. Kirby. Deliberations & Findings: The Board noted that is was glad to hear the applicant had worked with the Department of Public Works to ensure an appropriate distance to allow maintenance of the retaining wall. The variances not related to this siting decision are existing deficiencies that predate the Zoning Ordinance. 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 new accessory structure will be located 5’ from the front property line and will have a front yard that is comparable to that of the existing house. • The property is located at the end of Wood Street and the front yard deficiency of the new garage will have no adverse impacts on adjacent properties. • The front yard and other side yard deficiencies will not be exacerbated by the proposal. • The Board has received a letter of support from a neighboring property owner and no comments in opposition to the variance. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes No • The applicant could site the new accessory structure to meet the setback requirements of the Zoning Ordinance. However, the applicant is proposing to locate the new garage further from the City- owned retaining wall at the request of City staff. This will allow easier access to the wall for future maintenance needs. 3. Whether the requested variance is substantial: Yes No • The new accessory structure will have a 5’ front yard. A 10’ front yard is required and the requested variance is for 50% of that required yard. However, the proposed front yard is consistent for the property and other properties along the block. 3 • The, front yard and other side yard deficiencies of the primary structure 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 • Based on the submitted materials and testimony of the applicant, there is no evidence of adverse physical or environmental impacts resulting from the front yard deficiency of the new accessory structure. 5. Whether the alleged difficulty was self-created: Yes No • The alleged difficulty is not self-created in that the property owners is siting the new accessory structure at the proposed location at the request of the City. Second Motion to Grant Variance: Made by S. Henderson. Vote: 3-0-0 Michael Cannon YES Steven Henderson YES Joseph Kirby 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 8, Front Yard, and 13, Other Side Yard, and §325-25, Location of Accessory Structure, 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