SYRACUSE UNIVERSITY OFFICE OF UNIVERSITY COUNSEL June 16, 2016 Via Hand Delivery Chairman Stewart Koenig City of Syracuse Zoning Board of Appeals Department of Zoning 201 East Washington St., Room 512 Syracuse, New York 13202 Re: ZBA Case No. V-16-14, 610-614 University Avenue, TMP 049.-03- 10.0, 049.-03-11, 049.-03-12.1—Application for Use Variance Dear Chairperson Koenig and Members of the Board of Zoning Appeals (“ZBA”): I write on behalf of Syracuse University (the “University”) to voice the University's concems about the above-referenced 610-614 University Avenue project (the “Project”) and to oppose the use variance application (the “Application” in its current form. ‘The University owns property directly across the street from and otherwise in close proximity to the Project and such property would be directly affected by construction and operation of the Project if approved. In particular, the construction of an imposing 17-story tower at the site in question is inconsistent with the character and architecture of the neighborhood, blocks the vista to and from the University campus, and raises questions about the environmental impact to the area, including, without limitation, questions about increased traffic, noise, debris, trash, and shadow, A project of this magnitude at this site violates numerous provisions of the City of Syracuse Zoning Rules and Regulations (the “Zoning Law”). Therefore, although the University supports controlled and appropriate growth and development in the area, the University cannot support this Project as proposed for the reasons described in this letter. ‘The Project is Out of Character with the Neighborhood ‘The Project would be located in an area of the University Hill neighborhood that is comprised mostly of one- and two-story structures that create an aesthetically-pleasing transition between the University campus and surrounding streets. ‘This 17-story Project, as proposed, does not fit with the existing design, feel, and character of the University neighborhood, and would create a barrier between the University and surrounding streets. As the renderings in Exhibit 1 to this letter show, this Project is massive and out of line with the surrounding neighborhood; the Project is also inconsistent with the guiding principles articulated in the Syracuse Land Use & Development Plan 2040, a key strategic component of the Syracuse Comprehensive Plan. A 1 900 8, Crouse Avenue / Grouse-Hinds Hall, Suite 513 / Syracuse, New York 13244-2130 315-449-9732 / Fax: 315-443-9720Project of this size, that, with the site topography, would make it one of the tallest buildings in the County and would change the visual landscape of the area for miles, deserves heightened scrutiny by the ZBA and members of the community. The Project Violates Certain Provisions of the Zoning The Project is located in a Residential District, Class C (“RC District”). Pursuant to the Zoning Law, the purpose and intent of the RC District is “to provide for the development of areas within the City of Syracuse for medium density residential and certain compatible office and business uses by regulating such office and business uses in order to maintain and preserve the medium density residential character of the area; or to provide a means of transition between areas used for residential and nonresidential uses." Accordingly, preservation of medium (not high) density residential character in the RC District is required under the Zoning Law as itis written today. ‘The Project, as proposed, violates use, bulk, and area provisions of the Zoning Law. The submitter of the Application claims that “residential apartments are allowed.” However, the apartment portion of the Project is not permitted because to be an “apartment house,” which is a permitted use in an RC District, the use must be “designed or used solely for residential purposes.” Because the Project includes non-residential purposes, it cannot qualify as an “apartment house.” Accordingly, none of the Project uses are permitted and a use variance must be obtained for all of the components. ‘The Project also violates each of the following applicable bulk and area requirements; lot coverage; building height; setback ~ front, rear and side; and density. The University is not opposed to mixed use development in the area. It generally supports the Syracuse Land Use & Development Plan 2040 as a foundation to encourage and guide future development, which may require an eventual change to the Zoning Law. However, the University is opposed to this Project as located, presented, and sized, which aspects run afoul of the Zoning Law as it stands now. ‘The Applicant Has Not Demonstrated Need for the Use Variance One of the most significant standards for granting a use variance is proof that for each and every permitted use under the Zoning Law, the applicant cannot realize a reasonable return fon its investment in the Project. The lack of reasonable return has to be substantial and demonstrated with competent financial evidence, shown by dollars and cents proof of all matters bearing on the return available in the RC District.> Whether the use is the most profitable is immaterial to the issue. The applicant must clearly show that “no permissible use will yield a * Zoning Law, Part B, Section I, Article 9 2 Edwards v, Davison, 94 A.D.3d 883, 884, 941 N.Y.S.2d 873 (2d Dept 2012), 2reasonable return.” The applicant here has failed to meet the required standard because, among other reasons, its purported land value is unsupportable and based on a theoretical purchase price of $11 million for the 610-614 University Avenue lots. The applicant has failed to show that a similar but smaller project would not provide adequate returns. Environmental Concerns Taking into account the enormity and density of the Project (+/- 300,000 sq. ft. or more on 1.1 acres), the ZBA must consider the environmental impact this Project is likely to have on the area, The current use of the Project site, a small medical office with a limited number of employees and limited hours of operation, does not generate noise, odors, debris, outdoor lighting, traffic, or any other offensive conditions. The equivalent of a small skyscraper proposed by this Project is likely to increase all of these conditions and have substantial negative impacts on the City’s vista and on future land use in the neighborhood. Therefore, the University encourages the ZBA to consider the full breadth of impacts before voting on the Project. For all of the reasons set forth herein, the University requests that the ZBA deny the ‘Application as presented, and urges the applicant to reconsider its plans for the design of the Project. ‘fully Submitted, SYRACUSE UNIVERSITY ge Eric Persons Associate Vice President Government and Community Relations attr of Village Bd, of Vil. of Fayetteville v. Jarrold, 53 N.Y.2d 254, 258 (1981), 3University & Adams