HomeMy WebLinkAboutMN-BZA-1982-07-07 fi
ji BOARD OF ZONING APPEALS
I CITY COURT
JULY 7 , 1982
I TABLE OF CONTENTS PAGE
APPEAL NO. 1445 Elly Hartmanis 63
408 West State Street
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APPEAL NO. 1445 Executive Session 65
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;jAPPEAL NO. 1447 Robert Shannon & Richard Carmean 2
103 East Spencer Street
jAPPEAL NO. 1447 Executive Session 4
!;APPEAL NO. 1448 Dana F. Morgan, Sr . 5 I
113 West York Street
j;APPEAL NO. 1448 Executive Session 6
(!APPEAL NO. 1449 Henry Highland Garnet Lodge 7
617 West Green Street
!APPEAL NO. 1449 Executive Session 23
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1APPEAL NO. 1450 Francis Welch 24
�i 428 North Tioga Street
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APPEAL NO. 1450 Executive Session 32
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APPEAL NO. 1451 Roger & Theresa Garrison
& Judith Jackson 33
415 Elm Street
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APPEAL NO. 1451 Executive Session 49
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!APPEAL NO. 1452 Triaxon Ithaca, Inc . 50
104 Cherry Street
APPEAL NO. 1452 Executive Session 51 j
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(jAPPEAL NO. 1453 Ithaca Housing Authority 52
800 South Plain Street
,APPEAL N0. 1453 Executive Session 59 I
APPEAL NO. 1454 Ming-Ming Shen 60
+ 104 North Aurora Street/224 East
I State Street
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!APPEAL NO. 1454 Executive Session 62
iICERTIFICATE OF RECORDING SECRETARY 66
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BOARD OF ZONING APPEALS
CITY COURT
JULY 7 , 1982
jjSECRETARY HOARD: I 'd like to call the July 7 , 1982 meeting of the !
IlBoard of Zoning Appeals to order. The chairman is absent tonight
'! so the first order of business is for the Board to elect an acting ;
' chairperson. And I 'd like to ask for nominations from the members
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� of the Board.
IMS. BAGNARDI : I ' d like to nominate Peggy Haine as acting chairman.
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liMS. STEVENSON: I second it.
! SECRETARY HOARD: Any other nominations? (none) Anyone like to
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jimove that we are casting a unanimous ballot?
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! MS. STEVENSON: I so move .
; MS . WARD: I second the motion.
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; SECRETARY HOARD: Okay. Ms . Haine, you are the chairperson.
! ACTING CHAIRMAN HAINE: I 'd like to read the regulations of how this
Il Board operates so you will all have an idea of what is going on. I
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llThe Board operates under the provisions of the Ithaca City Charter,!
' the Ithaca Zoning Ordinance and the Ithaca Sign Ordinance. I 'd
like to explain some of the procedures. present this evening are
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I� four members of the Zoning Board: Ms , Toni Stevenson
Ms. Bette Bagnardi
Ms . Donna Ward
Ms. Margaret Haine
Mr. Thomas Hoard, Bldg Com ' .
ii & Secretary to the Boar
Ms. Barbara Ruane , Recording
Secretary
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ABSENT: Mr. Charles Weaver
(Mr. William Wilcox resign�d
from the Board on 6/22/82) ;
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! For a variance to be granted by this Board it is necessary that yo
receive four affirmative votes . That means unanimous tonight . j
; Since two board members are not here that means that you have to
get all four and since that is the case, our custom is to allow
anyone who wishes to postpone the case for this month to do so .
j You have that right. Otherwise if you come forward, you realize
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{! that you have to get a unanimous decision. We call the cases in I
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lorder and we ask first that those wishing that a variance be grant�d
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be first, make their case as succinctly as possible and respond to
( questions from members of the Board. We will then ask for anyone
in the audience who wishes to speak in support of the proposed
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i variance request, and then we will ask for anyone who wishes to
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1 speak against the proposed variance request . We do not adhere to
strict rules of evidence but we do consider this a quasi-judicial
proceeding and we base our decisions on the record. Therefore we
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do keep a record of what goes on at this proceeding and we ask that
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you come forward and make your remarks up front. We have a tape �
recorder which will pick up everything that you say so that we wil
have a record of the proceedings . At times - it depends on the ca e ,
there is a tendency to want to respond or to make a point from the
laudience - even though it is a very brief point - again, to ensure ,
that it gets on the record, I would request that you come up here
and make your point so the machine can pick it up. After we have
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heard all the cases we adjorn and go into executive session and
deliberate and possibly decide the cases at that time. We then
go back into public session and announce our results . You are wel
come to stay until then and wait for the announcement or you will
be notifed of our results either through the mail or by calling
Mr. Hoard' s office. The first case?
SECRETARY HOARD: The first case tonight is appeal number 1445 :
Appeal of Elly Hartmanis for an area varianc
under Section 30. 49 and Section 30. 25 , Columns
11 , 12 , 13 and 14 for deficiencies in minimu
front yard setback, minimum setbakcs for bot
side yards, and minimum rear yard setback, t
I permit the retention of the existing deck an
"Jacuzzi" structure at 408 West State Street .
The property is located in a B-2a use district
in which the existing use as a business is
permitted; however, under Section 30. 49 the
apppellant must obtain an area variance for
the listed deficiencies before a building
permit can be issued for the structure , which
was erected without a permit .
Is there anyone here to present this case? (no one showed) Alright
we will go on to the next case, appeal number 1446 was heard in June
that would be the next one in numerical order. Appeal No. 1447 :
Appeal of Robert Shannon and Richard Carmean
for an area variance under Section 30 . 49 and ,
Section 30.25 , Columns 4 and 12 and for de-
ficiencies in off-street parking and minimum
side yard setback, to permit the conversion
of one of the existing four apartments at 103
East Spencer Street to a cooperative living
unit for four (4) unrelated persons . The
property is located in an R-3b use district ,
in which the proposed use is permitted; how-
ever under Section 30 . 49 the appeallant must
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obtain an area variance for the listed defi- i
'E ciencies before a building permit can be
++� issued for the proposed conversion.
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M MR. SHANNON: I 'm Bob Shannon - I have a large main apartment that
( four Ithaca College girls want to lease for next year and I 've had
' three girls in there and one of the bedrooms is - I think it is
} 232 square feet which is quite a good sized room. What I mean,
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'f there is plenty of room - it is not packing people in or anything
hike that - that is where I 'm at. The sideand variance '
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anything about because the house is already there. I did obtain !
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two off-street parking - I have a letter from Ralph Marvin saying
that he had two off-street parking spaces right across the street
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i� from me that he would lease to my tenants. Does that answer
everything?
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,IMS . STEVENSON: Lease to you or to your tenants?
MR. SHANNON: To my tenants.
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IMS. BAGNARDT: So how many parking areas do you have altogether?
IMR. SHANNON: I think two.
I! MS. BAGNARDT: A total of two? And how many people are in the
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j' house?
' MR. SHANNON: Seven.
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'SMS. WARD: Seven presently'; i
( MR. SHANNON: yes .
SMS. STEVENSON: And three units?
IMR, SHANNON: pour units.
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�iIVIS . BAGNARDI : Do you know how many, have cars now?
i! MR. SHANNON: Well right now only one of the girls in the main
apartment has a car. And one couple upstairs. There is only two
cars there right now,
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ACTING CHAIRMAN HATNE: Are all units occupied now?
1IMR. SHANNON: I think T have one vacancy - the girl just moved out.
'IShe didn' t have a car, anyway.
SMS. STEVENSON: Where is the Marvin property in relation. , .
,i MR. SHANNON: Right across Cayuga Street and R I don't know Lee' s'
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' Garage.
iiMS. STEVENSON: Right,
I!MR. SHANNON: There is a big lot back there .
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! MS. STEVENSON: Oh I see.
MR. SHANNON: And Ralph owns that property. Anything else?
'IMS. WARD: How long have you owned this building?
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MR. SHANNON: Oh, I think about three years - three to four.
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, MS. STEVENSON: Have you had any response from any of the property !
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jowners that you mailed the response to?
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1MR. SHANNON: No.
ACTING CHAIRMAN HAINE : Are there any other questions? j
'IMS. STEVENSON: I have no more .
MR. SHANNON: Okay? Alright . Thank you.
( ACTING CHAIRMAN HAINE: Would anybody like to speak for this appeal?
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Would anybody like to speak in opposition to this case? The next
I� case please?
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BOARD OF ZONING APPEALS
CITY OF ITHACA
CITY COURT
!# JULY 7 , 1982
EXECUTIVE SESSION I
IlAPPEAL NO. 1447 :
}l The Board considered the appeal of Robert Shannon and Richard Car-
11mean for an area variance to permit the conversion of one of the
,existing four apartments at 103 East Spencer Street to a cooperative
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living unit for four (4) unrelated persons. The decision of the I
!Board was as follows :
IMS. STEVENSON: I move that the Board deny the area variance re- {
quested in appeal number 1447.
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IIMS. BAGNARDI: I second the motion.
jFINDINGS OF FACT: j
�jl) The appellant does not plan to properly provide parking in
III accordance with the requirements of the Ordinance . i
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112) The street is already congested,
� 3) This use would increase the density in what is already a densely
populated neighborhood.
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!NOTE: 4 Yes ; 0 No; 1 Absent Denied I
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BOARD OF ZONING APPEALS
1
i CITY OF ITHACA
CITY COURT
JULY 7 , 1982
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SECRETARY HOARD: The next case is appeal number 1448:
Appeal of Dana F. Morgan, Sr. for an area
variance under Section 30 . 25, Column 12 and i
for deficiencies in minimum side yard setbac ,
to permit an addition to the existing one-
family dwelling at 113 West York Street to
enlarge the kitchen. The property is locate cl
in an R-2b use district in which the existin
use as a one-family dwelling is permitted;
however, the appellant must obtain an area
variance for the listed deficiency before a
building permit can be issued for the additi n.
Anyone here on this case? Mr. Morgan.
MR. MORGAN: I 'm Dana Morgan, I live at 113 W. York Street and as
Mr. Hoard has stated, I would really like to get this variance .
As you know, Pall Creek is sometimes in a problem with flooding an
what not and we have felt that we have lost our washer and dryer
enough times - so while we put this addition on we want to move it
out of the basement . This infringement will still leave 7-3/4
feet between me and my neighbor, Mr. Ryan. The addition in its
totality is going to be 6 x 18 - there is no other way I can possi
bly do it - can't extend onto the back of the house I have an
outside cellar way right behind the rear house. I have a survey
map that will show that out . Do you have that? I have had no
opposition from anybody - any of my neighbors.
MS . STEVENSON: What is the proposed siding material?
MR. MORGAN: Pardon?
MS. STEVENSON: What is the proposed siding material? Aluminum
Isiding or. . .
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MR, MORGAN: Same thing as there is asbestos .
MS. WARD: It' s on the opposite side of this little porch as you
face the house?
MR. MORGAN: Yes r that would be to the west,
MS. WARD: Is this kitchen area also this porch?
MR. MORGAN: No ma "am - no it ' s not . The kitchen that is there no
is roughly ten by� twelve feet - fourteen feet maybe, at the most .
ACTING CHAIRMAN HAINE: Any other questions?
MS . BAGNARDI : I have no questions Mr . Morgan.
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IJACTING CHAIRMAN HAINE : Is there anything else that you would liked
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MR. MORGAN: Not at all . Just to reiterate that I would sure love !
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!Ito have it , so my wife won't leave me for lack of kitchen space. j
! ACTING CHAIRMAN HAINE : Is there anybody who would like to speak
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. in favor of this appeal? Anybody against this appeal? Thank you. ;
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i MR. MORGAN: Thank you.
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BOARD OF ZONING APPEALS
' CITY OF ITHACA i
CITY COURT
JULY 7 , 1982
EXECUTIVE SESSION
' APPEAL NO. 1448 :
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iThe Board considered the appeal of Dana F . Morgan, Sr. for an areal
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( variance to permit an addition to the existing one-family dwelling
(lat 113 W. York Street to enlarge the kitchen. The decision of they
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Board was as follows : i
IMS . WARD: I move that the Board approve the area variance re- !!
quested in appeal number 1448.
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:MS. STEVENSON: T second the motion.
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�FINDINGS OF FACT:
1) The proposed addition does not change the character of the
neighborhood.
2) The proposed addition improves the property. j
�3) The proposed addition does not increase traffic or density in j
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NOTE: 4 Yes; 0 No; 1 Absent Granted.
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BOARD OF ZONING APPEALS
CITY OF ITHACA
CITY COURT
l JULY 7 , 1982
1SECRETARY HOARD: The next case is appeal number 1449 :
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Appeal of Henry Highland Garnet Lodge for a use vari- 11
ance under Section 30 . 25 , Column 2 , and an area vari- j
ance under Section 30 .49 and Section 30 . 25 , Columns 711
and 13, for deficiencies in minimum front yard setbacl ,
minimum side yard setback, to permit use of the exist-
ing vacant one-family house at 617 West Green Street j
j as a fraternal and religious lodge. The property is
located in an R-3b use district , in which the propose
use is not permitted. The appellant must obtain a
use variance and an area variance for the listed de-
ficiencies before a building permit or Certificate of 'i
Occupancy can be issued for the proposed use .
MR. HINES: My name is Bob Hines , I represent the members of the
Henry Highland Garnet Lodge . This is not the first time I 've ap-
peared before this Board for them. Last summer they petitioned this
( Board in anticipation of acquiring property on Hancock Street which
application was turned down. I don't believe any members of the Board
- possibly any members were here last year you were? Well , in any
'; event perhaps I should just briefly tell a little bit about this
group . They are a Masonic Ldoge chartered as a not for profit
( corporation in 1927 but have been in existence well over 100 years
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as I am sure they will tell you in due course . With the widening
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! of Meadow Street a number of years ago , they lost their home to
. the onslaught of Route 13 which changed the character of the west
, end considerably without benefit of zoning laws . Since that time
I they have looked, with a great deal of difficulty, for a home . Bill
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(; Hart was a member of the lodge and well known to many people in the
City of Ithaca as a property owner.. He owned a number of places
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around town. He happened to live at 617 W. Green Street and had
11lived there since about 1959 . Bill died in 1968 and under his las
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lwi,ll and testament, left half of his estate to this lodge . The late
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' Mr. Gibbs was the first executor and upon his death the successive !
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11executor, John Ware, was appointed who also is a member of this
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; lodge. The lodge declined at first to use this particular piece
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11of property as they would have been entitled to, under the will .
The house is a rather small dwelling, adjacent to Perry's Trash &
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Treasures and within about thirty-five feet of the Kentucky Fried
Checken zone on Meadow Str eet. It is separated from that by the
, Cooke ' s residence and I believe both the Cookes are here tonight .
,, Across the street is the ediface that Ivar Jonson recently built
land the Cornell Laundry exit backs up there and I think there i
a house across the street - a couple of them. In any event the
property at 617 W. Green Street, which was his home , was a lot Ij
sixty-six feet wide on Green, extending all the way to Cleveland
Avenue - sixty-six feet across on Cleveland Avenue . The depth of
half the block is one hundred thirty six feet so if you multiply
that by two that's the depth of the whole lot . Last winter afte
we had been unsuccessful in getting a variance on Hancock Street
and after they tried and had given up finding another place , they
decided to take tittle of this property. I have approached Mr .
McDermot who is the attorney for the estate and told him that we
wanted to take title to this property. At that particular time
when we went down to look at it , there was a encroachment built
across the rear of this property on Cleveland Avenue by the owner
of the adjacent lot - at that time I didn't know who it was . I
asked Mr. McDermot what was the problem and he said that this man
anticipated purchasing the back lot and he wasn't aware of any
encroachment that was on it. I suggested that he take a look at
it it extended some twenty feet into the lot . In any event , in
the interest of preserving some community relations the lodge de-
cided just to take the front part of the lot and by deed on April
9th of this year, 1982 , did sign a conveyance of that . On June
11th of this year, Mr. Gaffney, who was apparently the encroacher
bought the back lot. One of the few benefits of attending the
Planning Board is to find out what the atmosphere is . I was quite
disappointed to find that there was some neighborhood opposition
which 'I am sure you will hear something about tonight. We think
there is an economic hardship in owning this property. The ceilin
on the second floor is about six and one-half feet tall - at its f
high point and it slopes down. The house is in a state of disre-
pair. The ceiling on the first floor is just about seven feet tal
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! - it ' s good for people like me but normal sized people have troubl¢
�� in a house like that . And it is not in a good state of repair . Ai
Iia matter of fact the suggestion of the lodge at one point from Mr.
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!l Sams , the contractor, was to tear it down and start over again with
! something else but the Planning Board thought it would be best to
preserve the structure and they approved the variance on the basis !
! that the structure be maintained and remodeled and added to which
! was accepted by the lodge. When one asks for a variance, one has
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, to establish a hardship and that is usually the most difficult
�lelement of this . The merits of these people need for a home is I
!` high but it may not be controlling . I doubt very much that there Is
� a sincere interest of anybody in purchasing this house as a resi-
dence. Now they may stand up and say it but that place has been ;
available , despite what they may say, since Mr. Hart 's death.
There has been some confusion in the estate arising out of some
, claims that were made but most of Mr. Hart 's , if not all of Mr .
P
Hart ' s property, now has been sold and T don't think anything remains
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!lin the estate except the division and the distribution of the cash,]
�jbut which my clients would be entitled to their representative shazie.
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! l think if you look at this residence in the situation it is located
lin and the fact that it hasn't been occupied for four years would
„ indicate to you that it is economically unfeasible to use this wit}
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out a substantial investment as a residential property. There isn't
llany demand for it. The people who have been careful in fixing up
l� their properties on West Green Street have done a fine job but they
fare not in this area. This area practically is dominated by the com-
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Imercial atmosphere around it - especially one of the neighbors and
I don't think it is worth the investment of many thousands of
!'dollars to fix this particular house up to use as a single familyi
11residence which doesn't meet code I 'm not sure what the ceiling
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height requirements are for rooms but it is just going to barely
!meet that and to go to the trouble and expense of doing that is note
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' economically worthwhile, These particular people will pobably i
'!make a use of the property more consistent with the residential I
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!character than any other use because their lodge is so small , it
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ii is about twenty members - they meet every other week. Being a
; Masonic Lodge, they don' t - this is not a social organization - its
itis a religious educational group - they don't consume or furnish
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for consumption - alcoholic beverages . It is a small group, as I j
said and I think I best leave to them the discussion of what they
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Iintend to do with the building and how they intend to improve it .
I left with Mr. Hoard the plans which are the only ones I have - dd
Myou have those?
SECRETARY HOARD: We have these . I
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�IMR. HINES: Yes, that ' s them. I was asked by the Planning Board as
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11a condition of their approval - to furnish site plans and so forth
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�1 (unintelligible) and you can it does happen to be the layout
11of internals but the elevation shows the existing structure - we
would not need a side yard exception because they will remove that
jwhich is within the prohibited area. But the existing house is
shown here and the existing front of the house is shown here - the
'back being removed in order to - the back was just a half-shed
Idormer that was there. Now the house has been vandalized twice
within the last since they have owned the property. Personal
roperty of the Masons inside has been vandalized and torn - I don'
now what the background of that is but what I am saying to you is
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SII really don't think that anybody who argues seriously about this
,�xoperty could argue that i_t has a present, feasible economic use
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�s a single family residence without a substantial expenditure of
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oney and in the neighborhood faced on Green Street with the
I�ei.ghbor it has it is unlikely that anybody would be willing to
$pend that kind of money - certainly my clients, the owners , thought
1�ong and hard before they felt this was their only alternative and
fecided to take it . Because the other alternative would have
been for them to sell it to somebody and take the cash and invest
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�,t elsewhere . Thank you. I 'd like to defer you to It has bee
n the estate - I don' t know what effort I' think all the properties
ere listed for sale. He had owned property, on Cascadilla Street
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nd this is his home, He owned property up the street toot You are
oing to have lots of arguments about this .
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ACTING CHAIRMAN HAINE: We have some questions of you, if you don' f
mind.
MR. HINES: Of me? Well , what I can answer, I ' ll answer.
MS. BAGNARDI : Is there any parking or is this a driveway? There
lis a driveway here that seems to, apparently, go into Perry' s , I
Iguess .
IMR. HINES: That is not - this -- no that 's Perry's Trash $ Trea-
sures . This is right on the line which would have to be removed.
iWe own within a few feet of that house there - that is all our
property. We own the vacant lot .
�MS. BAGNARDI : Will there be any type of parking facilities for any
�of those members?
IMR. HINE : For who?
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SMS. BAGNARDI': Any of these . . .
MS. STEVENSON: Any of these twenty members? I
MS. BAGNARDI: for the twenty members.
MR. HINE: In the back but most of them will live in the vicinity
Iand walk over.
ACTING CHAIRMAN HAINE: You say there is a vacant lot on the other f
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(side?
MR. HINE : You mean in back?
ACTING CHAIRMAN HAINE: Not on Green Street - there is a vacant
lot and what is on the other side of that?
MR. HINE: This is - you would drive in here and park right here
(pointing to the plans) . But there wouldn! t be that much . . .
Perry' s is here (pointing) and Cookes is here (pointing) the addi-
tion is the present house extends farther back than that but that
shed-dormer which would be torn off.
�MS, WARD: And they are not going to be selling that side lot?
R. HINE: No they need all the lot that they've got .
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S. STEVENSON: ('unintelligible) between 1968 and 72?
R. HINE; You want me to you want to know what West McDermot did?
to sell the property?
MS. STEVENSON: Right , yes , was it rented for some period of time?
R. HINE: No, it was never occupied. There was a transient living
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in there but they were never able to catch him. I can't answer
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your question. It is an obvious Question thatI should have
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!! asked Wesley,. All of Mr. Hart 's property, was put up for sale at
various times,
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�JACTING CHAIRMAN HAINE : Excuse me. Can we have some quiet here?
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MR. HINE : I 'm sure these people have more information.
! ACTING CHAIRMAN HAINE: Thank you Mr. Hines .
� MR. HINES: Do you want to say something to David?
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ACTING CHAIRMAN HAINE: This is somebody who has come to speak in
favor of this appeal?
MR. THOMPSON: Yes , I am David Charles Thompson, I am the Worshipful
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i Master - present Worshipful Master of the lodge and what we would
' like to do we would like to have our home there. We have a memb r-
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ship now of about twenty members. There are three honorary member .
Practically all of our present members are senior citizens - all
11within five or ten years of being senior citizens . The purpose of !
lour lodge is just to hold - meet our semi-monthly meetings and
that this lodge is within the 6th Masonic District and there are !
!! six other lodges within this district the one in Elmira, one in
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, Binghamton, one in Syracuse, one in Utica and one in Rome and our
! lodge makes the 6th one that is in this district , On occasion the !
li6th district meets at one of the other lodges , We are hosts -
leach lodge every three months hosts the district. Other than that,)
the only activities that we have are our meetings on occasion we
! do have social gathering - we have the Eastern Stars the female
group of the lodge and they in turn meet during the month but what ;
,jwe are asking for "is the opportunity to just gather there hold j
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lour meetings and on occasion have a social gathering. It is not a
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commercial affair - there is no dispensing of liquor or anything
! like that - it is just a social semi-religious - it is not a stric
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tly religious - but it is mostly religious it is more religious
�ithan not and what we intend to do to the building would enhance and
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improve the value of any property that adjoins it or anywhere within
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! that area. You have the plans there - the tentative plans that we �
11would like to get variance for in order to construct and we have
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± ample parking space there for the number of members that is re-
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Ilquired to use transportation to get to and from the lodge and as Ii
jsay, most of the members live within walking distance of the lodge !
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' - live right there in the neighborhood and we are asking for that. !
!! We have tried our very best in the last two or three years to ob-
tain a place - the last place we tried to get was the property over
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on Hancock Street and the reason we couldn't get that was because c f
parking. Well we have ample space here for parking - we can park I�t
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�Ileast fifteen or twenty, ossibl more cars . We have no intentio s
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' and no thought of destroying the beauty of the neighborhood or anyt
! thing like that. What we want to do, if anything, is to increase
1� the beauty of the neighborhood and the building itself. We were
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requested by the Board last week not to change the front of the
; building and we went back to plans and agreed not to do that we j
will leave the present front of the building as it stands . If
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anything we would repaint it and where ever any repairs were needed
1we would make those repairs and whatever we do would beautify the
building and make it something that would be attractive to the
fineighborhood because it is very unattractive in its present state .
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j Thank you.
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! ACTING CHAIRMAN HAINE; May I ask you a short question? j
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11 MR. THOMPSON: Yes.
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; ACTING CHAIRMAN HAINE; is this in the Ithaca Neighborhood Housing ;
!! Services area?
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�! MR. THOMPSON; No.
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I' ACTING CHAIRMAN HAINE: It ' s not?
1 !
IMR. THOMPSON: Well , it ' s in their area they have bought houses
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11in that area, yes. They have bought houses in that area, yes . Th y
( have quite a feta houses - as a matter of fact they did purchase tw�
liof the Hart Estate in that same particular block.
M$. STEVENSON; What do you anticipate is going to become of your
membership over the next five to ten years?
MR. THOMPSON: Our membership will hardly ever get more than twent�
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11five or thirty at the most - I doubt.
1IMS. STEVENSON: Does your constitution limit it any way?
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- 14 -
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MR. THOMPSON: No , our constitution doesn't limit the membership but
I
Ith population - and not only the population but the restrictions t*at
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we have on them. You cannot become a Mason unless someone within
your family at one time or another was a Mason. Just anybody cann�t
become a Mason - not in the Prince Hall lodge .
MS. WARD: When you have the gatherings of all the other lodges ,
how many people are normally involved?
MR. THOMPSON: Well at most I ' d say the largest gathering we 've
ever had at any of the meetings here or in Elmira, Binghamton area
- has never been more than around about sixteen, eighteen people -
twenty-two at the most .
MS. BAGNARDI : And when you have these large gatherings , do you
serve alcoholic beverages at that point or is there never any
alcoholic beverages?
MR. THOMPSON: Masonry doesn' t permit alcoholic beverages , No we
are not allowed to even consume it.
MS . BAGNARDI: Thank you. I have one more question. I notice on
the plans here there are flowers, do you plan to do what kind of
landscaping do you intend to . . . ?
MR. THOMPSON: Well, all in back behind the building will be land-
scaped. On a part of the side of the building will be landscaped
but however coming in from Green Street we would like to put a
parking area right alongside the property, for cars to come - at
least eight ten cars would be able to park. come in there and
park and back out and pull out.. The property is I think is sixty-
six feet wide and we have ample space there for parking. There
is quite a bit of space back here in the rear for shrubbery,
gardening or what have you and if we ever it is our intentions
as I said before, to beautify the property - something that we are
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proud of,
MS. BAGNARDI': Thank you very much.
MS. STEVENSON: Will you be leasing or renting this building to any,
other organizations for their use?
MR. THOMPSON: No , no . The only ones that would be using that
building is the Eastern Stars and the Henry Highland Garnet Lodge
Masons . Thank you.
'i 15
tl
ACTING CHAIRMAN HAINE : Is there anybody else who would like to i
jjspeak in favor of this appeal? Yes .
1IMR. RICHARDSON: My name is Maynard Richardson. I am a member of
lithe lodge . As has been stated here , this building is going to be
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Mused for Masonic business only and if you only knew how much trial
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and tribulation we have gone to since we lost our other place on
Meadow Street and we had to give it up because there was no park- ,
ling and the thoroughfare came through and shot that one . We have
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been looking for places all over town. This piece of property wash
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, willed to us by a Mason and it is in that respect that we wanted `
I; to use the property. I don't know how anyone can say that we
Ilwould not enhance the neighborhood. We certainly won' t look any-
thing like our neighbor to the east - immediate neighborh to the
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east - we won' t resemble anything like that at all . Nor would it
look anything like that mess over on State Street - the West Ithaca
division of Sanford and Son over there. That is not what we had it
mind. We have a substantial improvement in the property and we art
( tired of being nomadic - we 'd like to find somewhere to settle -
1
'where we can practice Masonry. It is kind of tough using other
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, peoples facilities when there are certain landmarks that must
i
jperforce be observed in Masonry. And I 'd like to correct a state-
IIment that the Worshipful Master made . You do not have to have a
(parent who was a Mason to be a Mason, There are we are very
iselective we are not restricted but we are very selective in whom)
jwe ask - who we permit to loin. So he is right - the membership
f
(!rarely gets over thzrty - it would be rare indeed that it would
�Iget up as high as forty-five or fifty because there aren't that
Imany eligible young men who are that interested in fraternities
;anymore. Fraternities are a dying art dying thing and we 'd like
�!to preserve ours. It' s been - it ' s over two hundred years old
'Trince Hall Masonry, is. And we 'd like to preserve our share of it.
�IThat ' s all I 'd like to say. Thank you.
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!!ACTING CHAIRMAN HAINE: Is there anybody else who'd like to speak i
( favor of this appeal? I
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jMR. GIBBS: I would. My name is Lambertis Gibbs, I reside at 208
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JjFayette Street and the drawings before you are the ones that I made .
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'' There are additions and subtractions but we 've been before the I
ll Board last week and what we've heard from them is very good becaus�
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{ when you approach a project like this in the neighborhood of a Cit'
" like Ithaca, you must try for progress . In our state we are not ging
'! far. (unintelligible) so therefore I say if this can be
granted everything there, plus more , that could be made to improve !
( this particular side of town - the opposite side of the street is
i
! commercial - we are not competing with commercial we are trying
11to preserve an in-between , we are not commercial and we are not
1residential - we are a membership of a fraternity. As stated be-
fore, ancient. We have an order of the Eastern Stars and there I
are also several other, shall I say, black clubs and societies in !
Ithaca that have very few places that they can meet or go to . We
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!+will be willing to let, with restrictions , these organizations to
meet. It is not just a selfish thing for the Masons . We have a {
�Iblack community-- that is starving for a place to go . We have none.!
11Who would deny a people a place in which to function? We need it
i
I � you know we need it . Everyone here has some place to go but
where can we go? Very few places . So therefore what sits before
you here is not just a judgement on the members of this , but on v
ii the people . So I ask you, in all due speed, give us a favorable
indecision. Thank you. i
I�ACTING CHAIRMAN HAINE : Are there others who would like to speak io
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11favor of this, appeal? I assume that there are those who would like{
into speak against?
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MR. GAFFNEY; I have some slides that I; would like to show.
ACTING CHAIRMAN HAINE; Okay. Let me ask you though to please
r(
;' keep how- many people are here for this case? T would like to havIe
you keep it brief.
,MR. GAFFNEY: I ' ll be very brief. I 'm William Gaffney, I reside a
220 Cleveland Avenue . First off I 'd just like to clarify some of ,
1� the things that Bob Hines read into the record. This is West Green
' Street, Meadow Street,_ Corn Street and Cleveland Avenue . This piece
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of property right here is 617 W. Green Street - the piece of proper-
{
i� ty in Question. One thing that Bob said is that this piece of
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property here and we had - in 1978 - purchased this piece of propet-
tty here from a fellow in Elmira. It was not purchased from Bill
Hart or not owned by him at the time. This is where the Cookes
live right now which is directly to the west - Ralph Perry here is
( right to the east - there is Ethel Harrell , Bucky William, let 's
( see, Rick Darfler , that 's Dorothy Melton, Wilbur Payne and in back
of our house - so those are pretty much the surrounding pieces of
property and also Louise, who is here across the street and I 'd
like to just show you some of those houses and the pieces of proper-
ty there. Now there is Ralph going due east from the 617 and
Ralph has just put siding on his house in the past year. Here is
Ethel Harrell ' s house as it looked when the renovations started
and how it looks now. Here is Bucky' s house next door - it has beEn
painted recently and Bucky's back yard which is cleaned up and a
( great deal of it was full of trash up until last year. Moving ove
onto Cleveland Avenue , this is how Rick Darfler' s house looked whe
he started - and this is how it looks now with the adjacent piece f
property also cleaned up , Dorothy Melton's house as it looked whe
we started work on that and as it looks today. Moving down - this
its a shot of my back yard I don't have a picture of my house whe
it started too bad - but this is how it appears today. And them
looking through the back yards behind Rick' s and Dorothy' s house
looking - that is back of Ralph' s barn there - looking across th
1
yard and the gardens . And this is from my house at 220 looking back
over into 617 , you see the rear of 617 there . And that's the Cooke' s
house which is due west of 617 (unintelligible) , And there is
Louise ' s house across the street from the property, It looks real
good. This is standing in the 617 property looking out to the back
I - once again giving you another view of what is there and here is t(he
rear of the house. Now I 'd like to - at this point out that with �I
the proposed renovations that they would be taking down these trees
these beautiful shade trees that are there in the yard. And this
is the front of the house which they said in their
report said was
unattractive and unappealing and I have a hard time believing that
it looks a lot better than any, of the other houses on the street
before they started. Here is a view looking - from east looking
it I
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.! west toward the Cooke ' s house - another view from across the streef
Ilfrom Louise' s front porch. And then one other note - the true har4-
' ship in this case . . . to prove hardship in this case, if you ask
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! me - no other place for them to locate and they can' t sell their
it
1house - which I think not being able to sell the other piece of
( property . . .
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NOTE: The tape was not working effectively for a few minutes .
i
The following people spoke in opposition and were not picked
�! up: Lena Cooke, 621 W. Green Street, Ralph Perry and Louise
Volpicelli. Put on a new tape which starts as follows :
MR. DARFLER: My name is Rick Darfler and I live at 212 Cleveland
Avenue and I am here to oppose granting the variance for this
I
Ilproperty - the use variance from an R-3b to a B-2 on the property
fat 617 Green Street. I live behind the property and sixty-six feet
!! to the east. I 'm not opposing any group of people , any organizatidn,
I
,1I 'm opposed to granting a business variance to a property in a resi
dential neighborhood. As you have seen from the slides you are
fright there is some commercial interests in our neighborhood andj
11one is an old interest that has been there for a long time - it 's I
one of there is just that one spot in the middle of a residentia
neighborhood. It is residential and there are a few spots that haNe
gone to offices there is nothing that is zoned B-2 unless you ge
f to Meadow Street and Meadow Street is a big exception and we are
trying to keep the B-2 variances out of a residential neighborhood .
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(' Collectively we residents who live within 200 feet of this propert "
put a lot of time and money into revitalizing our area and we don'
want the work we 've done �eopa rdi,zed by this variance. Regardless )
of what anyone says of their great intentions of what they are go-
� ing to do, when a B,2 use variance is granted they are allowed to
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cover 1000 of their lot with the exception of ten feet in the rear
V thas notrue?
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! SECRETARY HOARD: That' s not true.
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MR. DARFLER; How much? That ' s what Herman told me.
SECRETARY HOARD: That' s a separate item. That 's an area variance )
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1, MR. DARFLER: Okay. Well they are still allowed to cover more of
II
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T—
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their lot than a residential property would be and they would also (
The required to have parking as I understand it , on their property
so they would have to put in a large parking lot which does not fit
I
glinto a residential neighborhood. I would also like to point out I
i
that regardless of the Planning Board' s decision, the Planning De-
partment - I was told, had recommended against granting this vari- !
ance. I understand that the Masons are unhappy with losing their
Ione property on Hancock Street _ notwithstanding that this is a
I1whole separate issue and use variances shouldn' t be granted becauso
F
Ithe last time around they lost . As I understand the laws regarding
hithe granting of use variances, petitioners must prove three criterita.
( Property is unable to be used for purposes for which it is presently
lzoned, 2) that there is an economic hardship involved in maintaining
i
jIthe property, as it is zoned or using - finding a place for them to
; use for their needs or 3) that granting the variance is consistent ;
l
with the neighborhood. These are the issues I want to address . Ii
jdon' t want to talk about any other issues in particular - I just
!want to talk about these and I think as far as the consistency with]
( the neighborhood, slides have shown that it is primarily a resident
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Itia1 neighborhood. It borders on a business area, it ' s true , but a
llot of neighborhoods border on business areas and when business gets
into a, neighborhood it becomes a domino affect and all we do is II
1lose more of our residential neighborhood to business uses . This is
C
l not a business use I realize but it still is a B-2 zoning use vari
ance that becomes, and it is going to have a parking lot and a
1
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! large block building in the rear. Has any economic hardship been
I
shown here? I dontt think so , An organization which states in a
i
letter that it is going to spend $65,000 , on putting up an addition
�icannot be said to really have an economic hardship. This $65 ,000.
added to a selling price which i.s now assessed at $14 ,800 . - we are
talking about $80,_000 that they claim they have and that is all I !
can - I haven't heard any other figures around, They claim to haver
ithat money available to be able to put into a property. Now that !is
(more than ade uate to buy and do renovations on a building that is
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already zoned B,2 . Beyond the economics of the situation this housle
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sand property have only recently been acquired by the Masons . They
1had their options with respect to their bequest. They could have I
( taken their bequest in another form. The decided to take the
house . Now they put themselves - they have maneuvered themselves
( into this position and now are claiming hardship. You cannot plac
yourself in a hardship position and then turn around around and
claim that this is , in effect, a hardship which then is applicable
to the use variance . As far as the final point, there are people
Ralph Perry has come forward and said he would buy the property.
There are other people who would be interested in buying the
I
property. Neighborhood Housing would be interested in helping with
( renovations on this property and you've seen all the rest of the
houses that are in the neighborhood that the same thing has happenEd
to . One close parallel is 611 W. Green Street - this house is ownEd
by Ethel Harrell - it was in the Hart Estate and it was managed to
be sold out of the estate when Jim Gibbs was the executor. Neigh-
borhood Housing helped with the financing of the renovations I
,was the contractor on this renovation project and the house is no
a beautiful house a beautiful residential house and there are many
more properties, my own included, that are residential houses ,
that have been turned from "a run down house" near business use -
611 Green Street is directly to the east of Ralph Perry' s business .
i
It is a perfectly ideal parallel that it ' s just on the other side
of Ralph Perry' s business . The only conclusion I can see is that
the revitalization of Green Street and Cleveland Avenue has shown
that this property could very easily be brought up to a residentia
sold for residential use and renovated. It has also been shown
that we did a little leg work and found this building that is zoned
B-2 that they don't have a hardship. There are buildings that are
for sale in B-2 areas that could be bought and could be renovated
and they claim that they have the money to do it and I would ask
that you allow them to go to a B-2 area and renovate a piece of
property that needs to be renovated with monies that they have and
deny this variance so that our neighborhood can remain residential
without concrete block buildings, without parking lots and without
( trees . Thank you.
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ACTING CHAIRMAN HAINE: Is there anybody else who would like to
i
i� speak in opposition to this appeal?
I
MR. HINES : May I just say - I didn 't - I 'm not a builder as Mr .
Darfler and Mr . Gaffney are - I assume they have seen the building
I' - there is no basement -- the floors are uneven and sag - the ceil-
(I ings are very low - I would guess , based on the remodelling I 've
'I done , you could probably spend $25 ,000 . trying to do something wit
that house. Add the 15 its assessed for and you've got 40 . and I
! may be conservative in my estimates . When I say there is a hard-
ship I am saying that is it reasonable that Mr . Perry wants to buy,
i
it. For someone to
I I bring that house back up to code after being
vacant four years - we didn' t lie in the grass waiting for tonight)
for four years . We went out and tried to find another house. This
!Ewas a last resort. I don't think that it was reasonable to expect;
t'
{ someone to spend the kind of money to fix it up but we haven' t heafd
any testimony in our . . .
COMMENTS FROM THE AUDIENCE INTERRUPTED MR. HINES. I
'' ACTING CHAIRMAN HAINE: Excuse me excuse me .
MR. HINES : Well that' s fine - I understand. There is a lot of
emotion that flows around zoning cases I 'm trying to say that itjis
impractical and a hardship, I suggest, to spend the kind of money
to put this into residential character. It isn! t my decision
I
! I 'm not going to spend the money on it and I don't want to get int
a debate with you Mr . Perry because it is your property that makes
the properties around it worth less . But that 's another matter.
i
( It is up to this Board to make a decision whether there is an econ�
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omic hardship.
COMMENTS FROM THE AUDIENCE INTERRUPTED MR. HINES
I
ACTING CHAIRMAN HAINE : Excuse me, excuse me, EXCUSE ME - I think
i we've come to the end of this . . .
SECRETARY HOARD: We do have one letter from the alderman from th4
1 area. This is address to Mr. Charles Weaver as Chairman of the
i
+ Board of Zoning Appeals . "Dear Mr. Weaver; Because of the conflic+-
ting monthly Common Council Meeting, I will not be able to appear
�I at the above-referenced hearing. However, as a First Ward Alder-
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ii man, I object to the requested use variance. Kindly note this ob- I
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!( jection in the record. I have discussed this with the immediate
I
ii neighbors . Mrs . Cooke at 621 W. Green Street was emphatic in her
Ij
ii opposition to the variance. Mr. Perry at 615 W. Green Street not
only opposes the request, but also noted his interest in purchasin
the property for residential use . Additionally, a handful of "bac
! yard" neighbors on Cleveland Avenue are similarly opposed to the
�lvariance request. Despite this opposition, it appears that there Is
Ela solution to the problem. Specifically, I understand that the cuT-
rent purchaser of 406 W. Green Street is interested in negotiating ;
i
(; with the Henry Highland Garnet Lodge members for the sale of that
' building to the Lodge. 406 W. Green Street is in a commercial dis
itrict, but still in the neighborhood. It appears that all parties )
li I
�1would benefit from a tabling of this variance request for one month
Iso as to enable these negotiations to proceed. However, if the apT'
ipellants do not wishto table the motion, then, under the circum- l
stances , I respectfully submit that the variance should be denied.
i
Respectfully yours , /s/ Raymond M. Schlather"
ACTING CHAIRMAN HAINE : Would the appellant care to table this until
I
the next meeting?
i
IMR. HINES: I'm sorry, I didn't hear you.
ACTING CHAIRMAN HAINE: Would the appellant care to table this issue
until the next meeting to possibly enter negotiations for this other
i
� property? l
MR. HINES : I: don' t see what difference it makes , I don' t know whx
i�
(unintelligible) would preclude negotiations . I got the letter ai
Iifew minutes before the meeting . I did speak. with Ray Schlather
E�
`) yesterday (unntell ;gible) so L 'm not surprised at his letter but
ijam , T haven' t discussed it with my clients either. I don' t see
�I
many advantage to tabling it,
iACTING CHAIRMAN HAINE: Okay thank you. Do you think we should mov�
ion to the next case?
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BOARD OF ZONING APPEALS
CITY OF ITHACA
CITY COURT
JULY 7 , 1982
i
EXECUTIVE SESSION
APPEAL NO. 1449:
The Board considered the appeal of Henry Highland Garnet Lodge
for a use variance to permit use of the existing vacant one-family
house at 617 West Green Street as a fraternal and religious lodge . ;
The decision of the Board was as follows :
MS . HAINE : I move that the Board deny the use variance requested
in appeal number 1449.
MS. WARD: I second the motion.
FINDINGS OF FACT:
1) No hardship has been shown in that no evidence was given to
demonstrate that the property had been on the market for sale .
2) There was no indication that the property could not be reason-
ably used for a permitted use .
3) The lack of showing of hardship is fatal to an appeal for a use
variance , regardless of the merits of the proposal.
VOTE: 4 Yes ; 0 N0 ; 1 Absent Denied
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BOARD OF ZONING APPEALS
CITY OF ITHACA
CITY COURT
1 JULY 7 , 1982
I
SECRETARY HOARD: The next appeal is appeal number 1450 :
!I Appeal of Francis Welch for a Special Permit under!
Section 30 . 26 and Section 30. 25 , Column 3, to per-
mit the accessory use of the existing two-family
house at 428 North Tioga Street for a business of- i
fice/home occupation. The property is located in
i
j an R-2b use district, in which the use as a busi-
ness office is permitted only under a Special Per- �
mit issued by the Board of Zoning Appeals . The
owner does not have a permit for the current use.
i�
Mr. Welch?
I I
; ACTING CHAIRMAN HAINE: Any time you are ready.
�! MR. WELCH: I would like to use the first floor apartment at 428
N. Tioga Street as an accounting office. I 've used this for an
I
joffice - I bought the house in June of 79 I could continue to use
i
flit as a residence and an office since then. For twenty-five years '
I 've had an office a block farther north on Tioga Street. I didn' t
,i
jcreate any problems down there . My occupation does qualify as a
house occupation, and this does not meet - when I bought the house '
( there was four students living in the house upstairs plus the Man
I
ning family downstairs . Now there will be one lady living upstairs
Hand myself living downstairs with my office in there during the day
;! time . My office is not like a grocery store with people running in
I
1; and out - much of my work is done outside of the office . I have
�i
! pelnty of off-street parking - I do not cause any excessive traffi4
1i - I spent a lot of money fixing the house up to make it a nice
! house - try to improve the neighborhood and just out of - this
I�
11afternoon I 've gotten some letters from neighbors and I will take
the just from 412 to 441 N. Tioga Street just the block there
there is twenty-one lots and one of them is mine so there is i
twenty other homeowners that live there and six of them definitely ;
ii
i
llapproved it by talking to them on the telephone . I 've got letters !
from people representing owners of six properties that say that th6y
!
Hare in favor of it and one said okay personally and there is five
I 've had no contact with, Did you want me to read any of these
!
letters or . . .
�y
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25 -
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SECRETARY HOARD: We would need them for the record if you wish toy
i
read them into the record.
jMR. WELCH: "I am Sophie Moon, owning property at 429 N. Tioga St .
{; across from Mr. Welch's property. Also, I reside at 439 N. Tioga
I
; Street where I have lived for twenty-five years . I have no objec-
f!
tltions whatsoever in his maintaining his accounting office at 428
N. Tioga Street. /s/ Sophie Moon" I have one from: "I have live
` at 434 N. Tioga Street (which is directly across the street from
i1my office) for many years and I do not find Mr. Welch' s office in
jhis home objectionable in any way. I have not noted any increase
�j
in traffic or parking problems since he moved his office there
;; about three years ago. I know he has spent considerable amount of
money fixing up the inside and working on the outside now to im-
i
1pxove the looks for the neighborhood. /s/ Lee Freund" I have one :
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!! from Helen Cole who owns 436 and 438 N. Tioga Street : "I , Helen
!! Cole have resided at 436 N. Tioga Street, Ithaca, New York for
'. approximately thirty years and I have no objection to Mr. Francis
Welch, CPA, maintaining his office at 426 N. Tioga Street for the
jlfollowng reasons : the property has been improved and well main-
f,
tained, off-street parking has been provided for his clients . Mr. '
: Welch' s accounting office does not generate so-called high traffic'
11or contribute to parking problems in the 400 block of N. Tioga
i
I! Street. I feel any existing traffic problems may be attributed tol
1� the one-way traffic on the bridge. Sincerely, /s/ Helen Cole. "
,! But I do say I haven' t changed the outside and I don' t have any
:; intention of changing the description of the house or anything like
iit . It is a nice old house and it should be restored and kept that
j! way, and I don't think i hurt the neighborhood by having an office I
1, there. Are there any questions?
!, MS. STEVENSON: Can you tell us how much- or perhaps a sketch of
of the downstairs apartment - how much of it are you using as a
I i
I residence and how much are you using as an office?
MR. WELCH: Well there is about six rooms and I use three of them
j
as an office. i
I
MS. STEVENSON; The front three?
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MR. WELCH: Yes .
MS . STEVENSON: On Tioga Street?
i
)f MR. WELCH: Right .
MS . STEVENSON: And you employ two other people?
MR. WELCH: Two other people .
MS. BAGNARDI : Do you have any kind of a sign on the property?
I
i
MR. WELCH: I have a sign that is about 10" long and 3" wide and
it says F.E. Welch, CPA on it.
MS. BAGNARDI: And where is that exactly located?
, MR. WELCH: That sign is right on my front door.
MS . BAGNARDI: i didn't see it there .
MS. WARD: How many people come each day?
, MR. WELCH: I right now probably maybe
two or three people a day
� In March or April when I am doing income taxes there will be con-
1
,Isiderably more people coming in and out then to stop to pick up
their tax returns and deliver them. As I
say, there is plenty of
parking in the back of the house in fact I encourage people to parr
and use that ,for the entrance to keep them off Tioga Street .
ACTING CHAIRMAN HAINE; Mr. Welch there was some question at the
I
Planning Board meeting as to whether or not you actually live in
this house and I''m wondering if - and the staff comment requested
that you furnish some sort of proof that this was in fact your hom -
Do you would you like to comment on that?
MR. WELCH; I lived In the upstairs apartment - another fellow and !
myself lived there until May when we rented I rented he moved
out and I -rented the upstairs apartment to just one lady. I have
a cottage on Cayuga Lake and I moved down there for the summer so
right now I am not living there but say it is my home .
I ACTING CHAIRMAN HAINE; And you will in fact be moving back in the
it fall?
MR. WELCH.: Right - in the fall .
ACTING. CHAIRMAN HAINE To the upstairs apartment?
MR. WELCH: No, the downstairs ,
ACTING CHAIRMAN HAINE: The downstairs .
I
SECRETARY HQARD: Now- there is a complication on this that I guess
I didn' t catch when I was talking with you but this was a single
ii
27
family home - not a two-family home so you need to be asking for a
i ,
variance to not only have a home occupation but to have a conver- j
I
sion to a two family use .
1111 MR. WELCH: I don' t know what to say. I - when I bought the house!
it was an upstairs apartment and there was four students living upj
there. I fixed it up some - remodeled it quite a bit really which'!
� I did under a building permit . There was another family living
11 downstairs and - whether it was a two family house or a one-family!
; house I don' t know. When you buy a house and you see a family
I
living - four non-related people living upstairs and a family j
jliving downstairs I don't - I think it is a two family house .
'j
SECRETARY HOARD: You bought it from Mrs . Manning?
i
MR. WELCH: Manning, right.
iI '
!' MR. BAGNARDI ; What kind of kitchen facilities were there on the
.! second floor?
I H
IMR. WELCH: What kind of kitchen facilities?
it
DIMS . BAGNARDI : Was it a complete kitchen on the second floor?
I
j� MR. WELCH: Partial kitchen really.
li
j! MS . BAGNARDT: Describe the partial kitchen was it a pullman?
ljWas it one of those units that are stove, refrigerator, sink? j
,I
MR. WELCH: Just a little sink that (unintelligible) into the
I�
bathroom really was: nothing great - no great facilities as fax a4
I, a kitchen goes, but there was a refrigerator, there was a kitchen
(i
isink and there was some cupboards there.
i
IMS. BAGNARDI : Was there a separate entrance to the second floor
unit?
MR. WELCH: Yes there is .
MS. BAGNARDI : Was there when you bought it?
,l i
( MR. WELCH: Yes .
I
�jMS . STEVENSON: is there a connection between the first and second's
III i
MR, WELCH: Yes there is a connection - there is two doors on the
�Iyou go in the front door and into a hallway and you can go into two
hof the first front rooms or you can go in from the outside .
j I
MS. STEVENSON: And the same way the stairs go up from the front
I�
(! entrance to the second floor?
MR. WELCH: Right. There is two front doors and you walk in the
ii !
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- 28 -
! j
I !
the one front door - the farther north door and you' ll go upstairs
,I
j or you can go through the door and go into the downstairs apartmen�.
I
But the entrance of the main - on the first floor is on the south
side of the house.
MS . STEVENSON: So what - do we change the application - are there !
other deficiencies?
( SECRETARY HOARD: There would be the same deficiencies . r
I
i
SMS . STEVENSON: Front , side . . .
!
1SECRETARY HOARD: Front yard and side yard and percentage of lot
i i
coverage.
SMS . STEVENSON: Along with special permit?
! SECRETARY HOARD: Are you asking for a use variance or a special j
!( permit? I think you are asking for a use variance because if you
jure asking for a special permit then you have to have that written ]
; response from the majority of the neighbors.
I
M
IMR. WELCH: I was just doing what I was told to do ,
f
{ SECRETARY HOARD: No - that ' s right you don't need it for home
I
I'
occupation. I
�IMR. WELCH: No. I think I asked for a permit to have my office
(, there - I am not trying - I want to have my office there. i
ACTTNG CHAIRMAN HATNE: Are there any further--:, questions of Mr.
!lVelch? Thank you. Is there anybody else who would like to speak!
�! in favor of this appeal?
]MRS. COLE: I have also written a note R L 'm Helen Cole - I 'm a j
I
!friend of the lady Ginny Cobb that owns the house next to mine ,
'She apparently dropped a letter in the mail but it hasn�t arrived
!; I
to Mr. Welch. I see no objection I lived there when Mrs . Manning;
�1had a home apparently she had girls or something - they had a hot;
fplate which could have been dangerous. And this is very nice - I
i I
`have no objections whatsoever and all the neighbors I 've talked to
(land especially Virginia Cobb who lives right next door - but I can']
jlspeak until the letter comes but Mr. Welch - there is only one housie
I
!between us and it is very nice very quiet up there and I don' t
'Iknow about their living accommodations - I 've never been upstairs f
!Jso Iwould like to add my bit to this
i
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- 29 - 0
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MS . BAGNARDI : How long have you been a neighbor there - how long
have you lived there?
MS . COLE: Let ' s see - it ' ll be thirty-four years in August - no
mid July. I was only going to stay the winter so here I am, but I
like it .
MS. BAGNARDI : Thank you.
ACTING CHAIRMAN HAINE : Thank you. Is there anybody else who woul
like to speak in favor of this appeal? Is there anybody who would
like to speak in opposition to this appeal? Please come forward.
MS. MILLER: My name is Ashley Miller and I own the property to
I
the west of Mr . Welch's and I have a short statement signed by ten
of the neighbors about the zoning from his - the variance that he
has applied for . They are concerned about a commercial property
in a residential neighborhood. I have some specific rebuttals .
Mr. Welch says that he has used it as his personal residence since
I
he bought the house in June 1979. I and the neighbor on the other
( side of Mr . Welch, who is a renter have never seen any sign of Mr.
Welch' s residence - no lights on after business hours - no movement
in or out of the lower part of the house , no movement of a car in
or out - he also says fewer people will be using the residence
than have for many years . The family - the home was a one family
home - it was originally owned by the Manning brother and sister 's
mother and then right before it was to be sold, Roy Manning gave m
a tour of the house and at that time there had been one woman stu-
dent renting a room upstairs. Roy, himself, lived there part time
he was on the road a lot and he had another residence so as far
as I could see, it was two people residing there . He says that he
has spent considerable money to restore and upgrade the property.
What he didn't go into is the fact that on the property there is
a very fine example of a small victorian carriage house which he it
letting deteriorate. It is in the middle of his parking lot , There
is a parking lot on either side of it and I just I am opposed to
a variance for a commercial property in a residential neighborhood.
ACTING CHAIRMAN HAINE : Would you like to read that - the petition
into the record?
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` - 30 -
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MS. MILLER: "We the undersigned property owners and residents of
�i Cascadilla Avenue and Tioga Street strongly desire our neighborhood
jlto remain residential . We object to Mr. Frank Welch' s efforts to
i
I, make his property commercial rather than residential since he does ;
; not reside in the neighborhood. Signed by: Ashley Miller, 118
I
' Cascadilla Avenue , Joe Pullman, 114 Cascadilla Avenue , Francis i
jViggrani, 114 Cascadilla Avenue, Lester Hadley, 114 Cascadilla
� Avenue , Elizabeth S. Drear, 112 Cascadilla Avenue , Christine Holli
1112 Cascadilla Avenue , Mr. Faber, 110 Cascadilla Avenue, Allen
I
w
�IAtwell , 432 N. Tioga Street and Susan Atwell , 432 North Tioga
I
Street" and there are two women who would have signed it but have
been away for a week. They are the ones who live next door to Mr.
�IWelch on the other side,
1' ACTING CHAIRMAN HAINE: Is there anybody else who would like to
I
; speak in opposition to this appeal? Would you like to step up
I
,: Please?
�IMR. WELCH: I didn't get all the names of the people that they wer4
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(� - that Mrs . Miller was giving but I don' t see too many of those
names on my list of property owners in this city, I think some of !
` them are I'm sure a lot of them are tenants who do not own prop-
erty in the city. I think when I' mentioned the names of the people
I
that are in favor of me - they were all property tax payers to the
City of Ithaca.
ACTING CHAIRMAN HAINE : As a tenant, I 'd like to say that tenants
� I
indirectly pay taxes.
( MR. WELCH: Oh, I agree, I agree, I wholeheartedly agree but I do
i
�Esay that some people are here for six months and some people are
here for three months and one year and they are gone . Because there
I
are few people here tonight that say that my place isn 't right . . .
here Is three different names in the same address I don' t think ilt
is an apartment house - 214 Cascadilla Street. 112 Cascadilla
I there is two different names on there . So I do think this is ma-
terial but T can only see one person that I sent the zoning notie
Ito. Thank you.
y
` ACTING CHAIRMAN HAINE : Thank you, j
SECRETARY HOARD: We also have a letter on this one. This is
I
- 31 -
addressed to the Board of Zoning Appeals . "This letter concerns
Appeal No. 1450, for a special permit for a business office/home
occupation at 428 N. Tioga Street, one block from our house . Coun1
cil has been quite clear about the intended character of the area i
I!
i north of Court Street : it is to remain the high-quality residential
i
area that it is today. In 1975 , a proposal to rezone the area to
business use was rejected, and Council further requested that the
BZA be strict in considering variances in the area. In 1980 , a j
proposal for business rezoning on Tioga Street was again rejected,
i
and finally - - after hearing objections from every advisory body 11
that considered the issue -- Council created a special , highly re- i
I
Istrictive courthouse zone for a very few buildings on Tioga Street
Clearly, Council ' s intent is to discourage further business in-
roads into the existing residential zones north of Court Street.
We fear that granting a special permit to Mr. Welch would undermin6
i
this clear intent of Council , for several reasons. First , it may �
( allow expansion of objectionable traffic in our neighborhood, al-
i
f
ready congested. Second , Mr. Welch does not have a permit for the '
I
current use, which may mean that he has been in defiance of the la*
Ifor a considerable period of time, whether from contempt for the
i�
; law or ignorance, we do not know. A person, even a CPA, with this )
ii
kind of record should not be encouraged or given special consider- i
i
ration. Third, we have found in the Past that people who are not
primarily residents have little interest in residential values of
a neighborhood, and sometimes press for inappropriate development .
lWe wonder why Mr. Welch is not asking for a home occupation permit
f at 987 Taughannock $oulevard, instead of 428 North Tioga. The hom:
i
occupation category is supposed to be accessory use to a primar
use as residence , If Mr. Welch is in fact a neighbor, we welcome )
I
him. If he is a resident of another area who is trying to use a j
lovely creekside residence in our neighborhood as cheap office
space, we urge him to look into the many areas of ITHACA already
i
+ zoned for such uses . We fear that granting the proposed permit
iwill allow a use that is not in harmony with the present and in-
Itended residential character of our neighborhood, and that it will
( i
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encourage inappropriate business development in the future . We
urge the Board of Zoning Appeals to investigate these issues care-
�j fully in considering this appeal . Sincerely yours , /s/ Marvin A.
I; Carlson and Patricia M. Carlson."
I
ii
1� MRS. COLE: Who was this written to? Which representative? Elva
f i
Holman represents our area.
I '
SECRETARY HOARD: No , this was written to the Board of Zoning
i� Appeals .
MRS . COLE: I see. I thought it was some representative .
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I
BOARD OF ZONING APPEALS
CITY OF TTHACA
CITY COURT
�! JULY 7, 1982
I
EXECUTIVE SESSION
I I
�I APPEAL NO. 1450 :
�I
The Board considered the appeal of Francis Welch for a Special Per{
mit to permit the accessory use of the existing two-family house I
I
at 428 North Tioga Street for a business office/home occupation. i
IThe decision of the Board was as follows
s
i I
(IMS. STEVENSON: I move that the Board deny the request for a j
s Special Permit in appeal number 1450 .
(SMS. WARD: T second the motion. i
I j
FINDINGS OF FACT :
1) The property record shows that two separate dwelling units
i
were never legally established in the building, yet the ap-
pellant has proposed to operate the building as two units ,
I' I
with the home occupation to be in one of the units .
i
2) The appellant needs to properly advertise a request for a
variance for conversion to two units.
; VOTE: 4 Yes; 0 No; 1 Absent Denied
!
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- 33 - I
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BOARD OF ZONING APPEALS
CITY OF ITHACA
�E
CITY COURT
it JULY 7, 1982
� I
SECRETARY HOARD: The next case is appeal number 1451:
Appeal of Roger & Theresa Garrison and Judith
Jackson for a use variance under Section 30. 25 ,
Column 2 , to permit use of the existing single-
family dwelling at 415 Elm Street as an Inn for
overnight(paying) guests . The property is located
in an R-2a use district, in which the proposed use
is not permitted; therefore the appelant must ob-
tain a use variance before a Certificate of Occu-
pancy can be issued for the proposed use.
IMS . JACKSON: I'm Judith Jackson, I own the house at 415 Elm Stree .
fIiI am asking for a use variance so that I can sell the house to they
l Garrisons and the situation is this . (unintelligible) a change
i
Ein my personal life - I became the sole owner of the house but my
�Ichildren and I can no longer afford to live there by ourselves .
�j
II It is a twenty-one room house with six bathrooms , full basement ,
I� three full floors , perhaps more. I need to do something with the
I
] house and in considering my options I: felt I had two options that
were reasonable for me - one was to sell it outright and the other ]
,, was to turn it into a rental property which - that is one of my
options without further use variance. While I was considering my j
i
options a friend of mine in the Cornell Business School put me in
, touch with the Garrisons who wanted to buy the house but they did
' need a use variance in order to use the house their way Y and they
lare going to explain to you what it is they want to do . When they
] came to Mr. Hoard to discuss how you start to get a use variance
the said that in order to validate my request for a use variance I
should really try and sell the house as is , which I did. It has
t
( been a little over two months that I have had the house on the
1, market through Century 21 which is a multiple listing agency.
�IThey had areal estate agents open house to the house at which
� thixty-two agents came and saw the house but they represented
11eight separate agencies and in that time one of them found one per-
i �
Ikon to bring to either look at the house as a single family dwell- I
ging. That was several weeks ago and there has been no inquiries o�
Iiinterest since then on the part of that person or anyone else. ThIt �
�I i
- 34 -
Garrisons still want to buy the house , they still need a use vari-i
ance in order to buy the house and do what they want to do with
I i
I� it. It is at the point where I have to do something, I have to
�! make a decision and I would rather sell the house to them. I need
the variance. The woman who listed the house for me is here tonig�t
i
and she can speak a bit to what they have done to try and sell thel
i
house for me as a single family dwelling in its present use. Her
name is Joanna Datz . If you have no further questions of me I ' ll I
let her carry on from here.
ACTING CHAIRMAN HAINE : Any questions?
MS. BAGNARDI: I have a question - when you purchased the house
iwas it - the house at one time did have apartments . It was . . .
, when you first . . .
MS. JACKSON: it has a big history T find more and more as I mee
people who you know who know people who have lived there - it
i
was rented as one big house. There were many, many people who
lived there but there were not apartments in the house . It was no
divided into apartments. It was my understanding that the way it
worked for the it was the Schickel house - the Schickel that liv s
in Arkansas is the one we bought it from and the way he operated i
and this is only my understanding - was that he rented it , literal y,
to a single person who was in charge kind of a manager and that
manager then rented it out almost every room that was available -
i
ithat wasn' t a living room or dining room or the kitchen. There wa
Ilanother kitchen on the floor and there is room for more kitchens i
��1there but it wasn't divided into apartments they seem to have us1d
i
it kind of as a big cooperative I think is the fairest word.
h o '
�MS. BAGNARDI: T guess it was at that point that I was in the hous
maybe about fifteen or twenty years ago .
MS. JACKSON: I don't know how far back. that goes . Itve been ther
f
`Ifor seven years and i' don't know how long before I bought the hous
I - we bought the house that that situation existed. I don' t
1
know . . .
MS, BAGNARDI'; But you bought it as a single family?
�MS J Yes
. JACKSON:A I
(ACTING CHAIRMAN HAINE: Any other questions? Thank you. I think -
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- 35 -
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( are we going to hear from the realtor?
i
MS. DATZ : I 'm Joanna Datz , I work with Century 21 - I 've met some{
I
of you before. We have put Judy' s house on the market - it ' s been
i
on since late April . And she pretty much described the basic situ
! ation and perhaps as a realtor who has been selling houses for a
I
I
lcouple of years I can say why it would be difficult for a single
I,
' family to look into this property but we did hold a realtor's in-
spection with thirty-two people showing up and most of the comment$
attthat inspection were, what a wonderful type of house for an inn
i type situation or a sorority house or fraternity house which is
jIprobably another type of use that it might be suitable for but
I
nobody really thought of it realistically as a single family house
i
jj and I think one of the reasons is , people who are looking at a
house in that price range would be looking for something these days
that is easy to maintain and somewhat energy efficient and I think!
I't
; even a family that is looking for a larger family house is not
I
looking for a seventeen bedroom house . It is real difficult to find
Ii
�Isomeone that would even be willing to cope with that situation.
The house does have six bathrooms so, in addition to heating seven
I� teen bedrooms and a large number of offices and dens and extra rooms
I� downstai,rs, three floors of this - there are six bathrooms , you hake
sheat bills you have water bills and sewer bills and utility bills
�j
that are commensurate with the number of bedrooms in the house ands
it would just be real difficult for a single family type situation;
Ito move in there . And as Judy said, on all of multiple listing, I
I i
, which has over one hundred eighty realtors , only one person was
If able to dig up a potential customer who did not come back. Was
ij
quite overwhelmed in fact by the size of the house and what was
; there . Judy has gone to an all out effort to offer a higher com
(' mission to sell the house than an average commission rate would be
I;
I! in Ithaca, to offer an extra incentive for any realtor to come I
i
i along and try and, in earnest, sell someone the house and it still
has not turned anyone up. Also we've gone to extra, length, in
ii
iknowing Judy' s situation, in trying to have several picture list I
I ., i
,sings which our company does for Judy and we have a great number off
I I
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i - 36 -
listings and we over exerted ourselves in terms of trying to advert
ltise her house and have gotten not one call on the house and
usually we have many on most of the houses we advertise . So I
think, in terms of the possibilities for a single family useage
and the lengths we 've gone to, to market it, we have a good indi-
cation that it ' s not going to sell easily as a single family
�I
residence. Our company has also written a letter to that effect
�Iwhich we would like for you to have on your records . Are there
M any questions?
�iMS. STEVENSON: What is the asking price on this property?
I
I!
MS . DATZ: Just a bit over $100, 000 .
iMS . STEVENSON: And what is the assessment?
I
�! MS . DATZ : $82, 900 . but you will find if you look into multiple
Misting or any other real estate in the area, that houses sell well
above their assessed value . That ' s not a. , .
t
e MS. STEVENSON: Are there any comparables?
MS. DATZ : There are no comparables . If you can find one there
li
`! are no other comparables that I could find. I did there is
I
! another twenty-one room house in Newfield that 's for sale for j
1i $250, 000. and that 's been on the market forever. . .
I
iIMS. BAGNARDI:: How did you determine the market price?
i
(j MS. DATZ ; Well , we looked at a couple of different things - what j
H would an older house with character and charm that someone could I
possibly, come in with the idea of restoring and have a grand old
; house - often we have buyers when we get $100, 000 buyers who look
for something older with character and charm - something that a
jprofessor of design might want or someone who wants office rooms aid
; studies and a lot of extra rooms and those houses are usually in i
�I
i! the over $100, 000. category and this does have 2 . 63 acres of groun�
around it and lovely landscaping. It has a barn which isn' t old
' but charming barn a two car garage , potentially we just looke !
at all of those factors and said we can' t make it an outrageous
II rice becaus,eno one Mould go for it but thiswas realistic.
ii
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it ACTING CHAIRMAN HAINE; Any more questions? Okay. Thank you.
I
MS. DATZ: Thank you.
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ROGER & TERRY GARRISON: I 'm Roger Garrison and this is my wife
i
Terry Garrison. We live at 206 Winston Drive right now and we 've
1 been looking since last October for a building to do Bed and Break
I
fast in - the bed and breakfast idea is something that is sort of
new in this country. I guess it is something that has been done
in Europe a lot . Where you go to someone 's home and stay in
their home and you do have breakfast in the morning but nothing
else. We thought it would be particularly suitable to Ithaca,
after talking with a professor up at the Hotel School who has been
advising us since last October - Dick Compton, if any of you folks
happen to know him he is a professor up there. And he says
( that they have heard, in their -- keeping in touch with people in
I
the hotel field - that this is an on-going sort of thing that is
becoming more and more popular. Some people don't want to stay
at a Holiday Inn or a Ramada Inn, they want something that has a
I
different kind of appeal and atmosphere to it. We are not inter-
ested in opening a restaurant. The breakfast we are offering to
serve is to our guests - not to anybody who happens to pass by.
I
Dick said if we want to go bankrupt quickly the thing to do would
be to open a restaurant in Ithaca because there is -- it is well
served that way - very well served that way. And we think that
I I
would be a selling point for the Inn - is the fact that people
( could come here, get up, have a nice breakfast and then go to j
Corning for the day or up the lake to a Winery - the different
recreational things there are to do here. We don't want or expect
to receive off--street customers in the sense of people just drivi g
by and want a place to spend for the night just by happenstance .
We expect to do it by reservations . We would hope to get people
from Cornell , parents, visiting professors, lecturers , that sort
of thing and the same sort of thing from Ithaca College. We
talked with Charlotte Stone down at the Chamber of Commerce - the
I
tourism directoress and she said that she gets a steady request
I for this type of accommodation, which is not available in Ithaca
or really near by. We would also expect to call on Travel Agents )
down in the city, on Long Island, Syracuse , Rochester we might
i
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I - 38 -
have people who want to come to Ithaca and let them know that we i
i
are available. Also there is a new network of bed and breakfast
(i registrys which we hope that we would qualify if we have - whateve�
1iis needed for - who would in turn make recommendations or send us
II customers . The house that we are looking at is - one that lends
itself, we think, very much to this project because there would bel
no - we wouldn't have to do any remodeling or changing. We've had;
i
the Department of Health - we 've been working with them since last!
October to make sure that we understand what regulations ae re-
quired. They have gone through the house and the only thing they)
want us to do is to put in a commercial dishwasher since we will
} be serving food to those guests and to take the carpet up that is
in the kitchen and make it tile a washable surface asphalt til
it
or something. Otherwise they think the bathrooms and the arrange-1
I
i ment - all meets their - they have not given us official approval
i I
they can' t until we make application and all but they have walked
i
through and said that they can' t see any problems there. What
else?
1. MRS , GARRISON: Well part of our search - it was really important
I�
to us to be in Ithaca because that is why we came up here. We
were shown from last October - with a lot of
good effort - homes
larger homes that may have been suitable with some work, out in
I� the environs and I discovered after - i 've been building a life foF
�! myself I 'm administrator for the Hanger Theatre and I love the
city of Ithaca that I didn't want to have to travel 20 or 25 or j
30 minutes to get where my life was, outside of my family - so we I
narrowed ourselves plus my daughter has some really had a good
j time at DeWitt and she didn't want to leave Rockville Center last
year so that was areal blessing for us so we wanted to stay in
the Ithaca school district and we wanted to have a private area
� I
!� for ourselves - there were a lot of homes that we saw that had six'
i
or seven bedrooms and a den - which we needed eight bedrooms but
1'
i� they were sort of scattered throughout the house and we wanted a
Ii
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house that would have a separate entrance for us and a way to get
ii
to a private area and Judy' s house has the whole third floor that
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39 -
w
you can get to by a side stair case that goes up the back and the
second floor is very suitable to guests without having to do any- i1
!� thing to it . It has two bathrooms right there . Three if you
count the - but that would be our part - I was thinking of guests .
�I So when we found this house after a lot of disappointments - going!
!� through the month of January and on into the spring - and when we
II found Judy' s house we were really excited and thought we were all
I) set except you know - you have to get this thing called a zoning
�I variance and then we found out it wasn't a zoning variance it was
i
I a use variance and then it could be very specific. So , we feel
I
that our project would be a real asset to the neighborhood. We
had a meeting on Monday - we invited the neighbors and about , I
I
guess twelve or fifteen came and asked a lot of questions and their
I' main concern was what would happen in terms of noise and people
I� coming in and out - coming from - we are very specific about -
i
first of all, no more than nine guests. That is real important to
i
us because we both have part time jobs - Roger works at Finger Lakbs
I
Library System part time and I work for the Hanger and we don' t have
a desire to build a monolith or whatever you call it - you know, a!
giant thing - we want a small family business that would be in our
home - that would remain our home and we would not want people just
�l I
dropping in off the street - we would really want to work only by
referral and we would have hours for people to come in by - I mea
surely there will be times when somebody will be late or - but
�i
I basically there will be a time at which the door will close . People
i
!i will come by reservation and we have absolute right to say to people ,
� this is our home and this is the kind of atmosphere we want. We
II ;
; went through the Ben Conger Inn in Groton to check what they were
I like. Roger met Margaret Oaksford through Cornell - she is a
librarian there and they have a very tasteful but very strong
II little paper in each room that says exactly what they expect of
I
their guests and I was really impressed by that . We also intend to
�I have no bar because there is no need for it and people - T mean if'I
somebody wants to bring a battle and they want some ice , of course;
we will accommodate but we are not looking for people to be coming
back and having a good time into the night - downstairs anyway -
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- 40
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hopefully. It' s a home - that is what it is - that we , as our
business, extend to guests who want this kind of atmosphere . And
also as far as the property itself goes , since it is our liveli-
hood, as well as our home, we intend - and we both like to garden,1
I
although Roger is better at it than I am - we both intend to really
work hard on the landscaping so that the place will be a real credit
i to the neighborhood. Plus I have - we have a daughter who is
I
!I fourteen and we want her to live in a nice home that has a good
healthy atmosphere. And I guess, finally, what I want to say is
that we 've spend two and one-half years looking for the city that
we wanted to move to, we literally took each of our vacations in
I
a different place, West Virginia, Virginia, looking around and we
chose Ithaca so that we could make a home here and take our busi-
ness here. We 've never done the business before but we 've been
very careful in our planning and we 've been working with Dick Comp-
ton
ompton at the Hotel school since last October - he has guided us step
by tep and we intend to stay working with him. He feels that the
location is good, that the home is perfect for what we want to do
and has given his seal of approval , which. we needed and we are ver
anxious to bring this idea to fruition in Ithaca, we think it woullg
r
I
be a credit to ourselves and to the community and make us good
neighbors, we hope .
i
MR. GARRISON: I should mention about the nine people . If we don'
have more than , if we have less than ten, then we are exempt from
fall sorts of things the Department of Health because this is a
small business.
MRS. GARRISON: Regarding fire laws specifically like fire escapes
and all of that but there are recommendations which we would cer-
tainly follow - fire extinguishers and smoke alarms and . . . , .
MR. GARRISON: Smoke detectors and that sort of thing .
i
MRS. GARRISON: Also making sure that they checked and said that
the windows were the right distance from the ground and all of
that so that has all been taken care of.
MS. STEVENSON; Would you have to hire somebody outside of your
family to clean the rooms?
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! MRS. GARRISON: We have a cleaning company, Mr. & Mrs . Clean -
that 's me and Roger. No, absolutely not - our whole financial
picture is based on our being able to do all the work ourselves
and not having to have - we have a daughter who wants part time
i�
work and she will certainly help but we have no intention to hire
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anybody else.
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MR. GARRISON: I can certainly get some friends to help me paint
the outside because there is some painting to do . I can' t do all
I
of that by myself.
I
MS . STEVENSON: Nine rooms on a regular basis is quite a bit to
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take care of.
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MRS . GARRISON: Not nine rooms, no . Five rooms .
MR. GARRISON: Five or six bedrooms .
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MRS. GARRISON: Four doubles and a single .
MS. STEVENSON: What prevents it from becoming a regular residence;
for another person?
MRS. GARRISON: You mean outside of our family?
ii MS. STEVENSON Right permanent residence . . , at $20. 00 a night. !
I believe that is what happened to Hillside isn' t that the only
other bed and breakfast type place?
MRS . GARRISON: The use variance . . . they don't have breakfast the e
ii that I know of.
MS . STEVENSON: Well it was more a rent a room and now I think
that it is totally occupied by students on a permanent basis ,
i
I MR. GARRISON: The one up on Stewart Avenue? I: just heard a couple
of days ago that they were regularly receiving transients . In
(I fact that is where that butcher stayed. f
I MS. STEVENSON: I know of some people who were there throughout
�i the school year.
MS. GARRISON: Well regardless of whether they do it and I don' t
know the answer to that - I do know- the answer to your question
which is that the use variance that the Planning Board has recom-
mended be approved, be very specific that it can be used for bed
and breakfast, with- no more than nine guests, with us living in
the house owner-occupied, serving only breakfast to the guests
!I
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i 42
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no outside resident, and if we wanted to do anything else than
that we would have to start all over again which is not our inten-I!
tion. That is a very different kind of operation. We are not
Ii
looking to have a boarding house we are really looking for weekend!
i or maybe week guests who are up for a holiday or for conference or
for whatever. So what prevents us is the law - to my understanding
I i
of what happened at the Planning Board meeting last week, am I
f� correct in that? 1
SECRETARY HOARD: Well you would be limited by the use variance ,
I
MRS . GARRISON: Right - that ' s exactly - and that is all we are j
asking for is that - in fact when the Planning Board , when Mr .
! i
VanCort made the staff recommendation before the motion was he
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if said very specifically- that he felt that this use would be an inno�
i
vative and benign way of using a difficult old house - enormous I
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house - and that with those restrictions the neighborhood and the
�I
! house would be protected from anything else happening because we
!!. would have to start all over again if we decided to do something
G
! else. That was very clear to me . And that was fine with us be-
cause that was worded exactly the way we set up our plans which isl
lino more than nine guests serving only breakfast.
kMR. GARRISON; That is all we want to do .
i
11MRS. GARRISON: That ' s what we want to do .
!! ACTING CHAIRMAN HAINE: Thank you Is there anybody else who
! would like to speak in favor of this appeal?
MRS. PECK: I am Loni. Peck, I am president of the West Hill Civic
; Association. I became aware of this case in May when Judy Jackson !
i
first sent a letter around to the neighbors in the immediate area 1
linforming them of this proposed use and asking if there were any
' questions that anyone would like to address to her. As so often
its the case, rather than addressing questions to her , I began to
get phonecalls from many people who had received the letter and 1
' that ' s when I first became aware. Since that time , after speaking ,
with some of these neighbors , I have been in close contact with Ray
Schlather, our First Ward Alderman, who has been following this I
it
!; case, I 've been in contact with Jonathan Meigs in the Planning
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Department who has also been following this rather specifically.
' have visited Mr. Hoard' s office to get a copy of what is on file f om
Itheappellant. I have also talked at length with the Garrisons
g ,
II spent an hour with them last week to hear more detail of what
their plans were. I have spoken with Judy Jackson and so forth I�
1
so that I could be informed and the position of the West Hill
Civic Association Board has been not to take a stand on this par-
ticular case but to monitor it to be certain that it is following
the procedures that are outlined by law to safeguard the immediate
' neighborhood. We are, as a Civic Association, obviously very con- I
Icerned about preserving the residential character of the West Hilll
area. From those with whom I have spoken and with whom Ray
Schlather has spoken as an alderman, those who appear to be in
favor of the use variance are so in favor because they feel that
perhaps this is a more benign preferable use to even some that mayl
be permitted within the present R-2 zoning. And specifically
absentee landlordship which has in the past created a problem for
' that area. And they are also in favor because of the fact that
there will be resident ownership . Those who appear to be opposed
to it are understandably so, especially those who have been in the
area for as long as forty years - have seen many changes in that
( immediate area and some rather dramatic changes brought on within
jthe last ten years by the incorporation of West Village in that
limmediate area and I think that their concerns are valid and need
to be considered. They are also concerned for a variety of other
reasons, possibility of congestion and just any unknowns associate
with any variance that can take place. All of the people that I
have spoken with who are in positions of having information on thi
; case - I have received even as recently as this week, a variety of
Istories on exactly what the nature of this variance is . I have
heard that it will the proposed use would normally fall within
, R-3, I have heard that the proposed use would normally fall within
B-,2 , I think that the neighbors need absolute clarification on
lwha.t the use variance would involve and what their protection woul
be through the restrictions that the Board would place on this use
!i
44 -
variance . What would happen if indeed the Garrisons did not make
( a go of it or they left and a new sale was made with this use
variance in place - how could the restrictions be enforced, how
� i
would they be enforced, what would be the protections for the neigh
jborhood? This seems to be the overriding concern. Ray Schlather
has submitted a letter on this case , I received a copy of it and
, talked with him at 1 : 15 tonight . His concerns and objections were
based on only objections from two neighbors with whom he spoke,
one of whom is here this evening and one of whom has never availed
himself of the opportunity to talk with the Garrisons or Judith
i
Jackson and did not appear at the meeting on Monday. I would like
clarification on exactly what the use variance would involve and
what the protection is for the community.
ACTING CHAIRMAN HAINE: Can you speak to that?
SECRETARY HOARD: Well I can't speak to what it would be because I
don't know what it would be. But the a use variance that would
be granted would run with. the property and have whatever limitations
were placed on it by this Board. The only way a use variance would
be lost would be if it was discontinued for a period of twelve con-
secutive months then it would be lost. But if a new owner took
over the property and continued the use within the limits of what
ever was set by this Board, it would go in perpetuity. That 's
' basically it - whatever safeguards would be imposed by the Board
would be the safeguards that would apply to the Garrisons or whoev�r
else might happen to be using that property..
ACTING CHAIRMAN HAINE: Is there anybody else who would like to
speak in favor of this appeal?
MR. WILCOX: My name is Jerry Wilcox, I live at 415 Elm Street , I
own the property and have lived there for eight Years that ' s
directly across the street from part of the property and a little i
west of the property and there are two other neighbors who live
i directly across the street and a little east of the property here
i
tonight too. This has been a challenge for us , for many of us and '
I guess, as a neighbor, for me, to try to come to some kind of a
, decision - what do I feel about this . And I've rank ordered in my
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{ - 45 -
+' mind the various possibilities at least as I could see, this comes ,
to be number three out of four. Number one is for Judy Jackson and
lher family to stay - that ' s not going to happen and they won't be
I
,! able to continue to stay. Number two is for a single family to
I
j� move in with thirteen children, who each one will have an individual
( bedroom - that' s not going to happen. Number three would be this
i
jkind of an arrangement, number four would be if Judy sold it or
rented it as an absentee landlord. I lived there for a little ovel
la year when the so-called Cooperative was there and believe me that
was not pleasant. By and large I look to see the property improve ,
I would support this use variance in the specific way that it has
lbeen explained to us and I think we can benefit from the Garrisons
! moving into our neighborhood. I realize this would be very unusual
'I
( because as far as I know there are no businesses at all on that side
i I
of the octopus, aside from some apartments and until you get up near
i I
! the hospital , so this would be quite unusual . I guess there is a
! bait shop on Floral Avenue and some of the - a carving place near
I
! the cemetery but if I disregard those, there are really no businesses
Hat all . I don't really look at this as a business in the sense that
I
' it would conflict with me as a property owner across the street. I,
1isee this as less of a risk than the other possibilities of other
i
people buying it and a large turnover of people who may not care at
i
fall who is going to lave there and pay, rent. So I support it and
( hope you give it due consideration there is , of course risk - I
i
(see this as less risk. than if we go to choice number 4 . I don't
�I
1know if you have any questions from me.
i
( ACTING CHAIRMAN HAINE : Thank you,
IISECRETARY HOARD: Actually, just to explain one thing . Choice num-'I
it
!ber four really isn't a choice because in the terms of what I think,
I
i
•'you are thinking in that it is zoned R2 it can only be used fo
i
I,a one or two family dwelling . . .
i
'IMR. WILCOX: Who could then rent it out to . . .
I ,
,SECRETARY HOARD: with a maximum of three unrelated in a unit.
i'
IjMR. WILCOX: Yes , I think we were looking at that carefully, there;
!;'could be two families dividing the house into two units and they cold
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46 -
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�jeach sub-rent to two other people so we could have two families . . . !
SECRETARY HOARD: Two individuals .
i
MR. WILCOX: Two individuals - so they could have four unrelated
! people and two families in that house and to me I would prefer wh t
1we have offered tonight .
ACTING CHAIRMAN HAINE: Thank you. Is there anybody else who would
I
Mike to speak in favor of this? Is there anybody who would like
1
(oto speak in opposition to it?
�jMS. HARTMAN: I 'm Virginia Hartman and I live at 404 Elm. This is
;! sort of across but down the hill a little bit. I don' t really feel
that they have proved hardship because it was on the market such al
short time. If it comes to a choice I guess the choice isn' t bad
( but i don' t think it has been on the market long enough to prove j
;( hardship. If that 's what we have to prove .
ACTING CHAIRMAN HAINE : Is there anybody else who would like to
! speak on this? The appellant may make rebuttal afterwards .
I
! MS. BERGSTEN: I am Helen Bergsten and I live immediately across
j I
the street at 408 Elm Street. I do feel, that if this is given
�iit is opening the door for all the old houses along the street and ;
that once you start then your residential area is gone . And by the
ifway, we on our side are R-la and this would be R-2 and at one
time (unintelligible)
I! ;
' ACTING CHAIRMAN HAINE: Is there anybody else here to speak in
, opposition to this? Would the appellants like to come and speak?
�� SECRETARY HOARD: I ' ll read Mr . Schlather' s letter. "Mr. Charles
! Weaver, Chairman, Board of Zoning Appeals . Re: Appeal of Roger
i
!i W. & Theresa N. Garrison. Property: 415 Elm Street Appeal No . :
11451 . Dear Mr. Weaver: Because of the conflicting monthly Common )
Council Meeting, I will not be able to appear at the above-refer-
( enced hearing. However , as a First Ward Alderman, I object to the
�j
``; requested use variance. Kindly note this objection in the record. !
Ij
II have discussed this proposed variance with most of the residents !
,lin the immediate neighborhood. The opinions are divided. In fair,
I �
11ness to the Garrisons, most of the neighbors support a well-regi
use variance. However, some neighbors are still opposed, even aft$r
I�
f!
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- 47 -
i I
( meeting with the Garrisons on July 5, 1982 . Their legitimate con- i
i'
� cerns are the erosion of the residential character of the neigh-
- I
Ilborhood, traffic congestion, noise, and the tacit potential for
(` commercial expansion. Additionally, such a variance has ramifi-
I �
Ilcations City-wide; it opens the door to similar enterprises in
similar neighborhoods throughout the City. Finally, I need not I
'Ireiterate the ' economic hardship ' test which apparently has not
I
; been met in this case. Respectfully yours , /s/ Raymond M.
I
� Schlatherll .
I
MR. GARRISON: The only thing Iwould like to say is that we never ,
jitalked about off-street parking and this place has parking for tent
; cars - it is on two and one-half acres - it is plenty . . .
s
ACTING CHAIRMAN HATNE : Thank you.
1MS . JACKSON: Joanna wanted to say something , is that alright?
i
( ACTING CHAIRMAN HAINE : I guess since you are one of the appellants
` it is .
i
MS . WARD: No, she is not an appellant .
�1ACTING CHAIRMAN HAINE: The realtor, no, V m sorry.
I
,+ SECRETARY HOARD: Well she represents -- that is alright.
I
i
ACTING CHAIRMAN HAINE: Is that okay?
I
SECRETARY HOARD: Yes, j
i
(IMS . DATZ : There are just two points I wanted to make. One , speak1
king to the woman who said that there wasn't , it wasn't really,
; marketed for a long time. It has been marketed for the best part
hof the selling season and in a high turnover town like Ithaca, wit4
;I �
Ian academic community - most people want to be settled between Jun6
land September when their kids get out of school and start looking
�f
(iin early April . So we have had it on for the best part of the
selling season. And another thing, totally different point , but
l
when people see a realtor they say she is probably speaking for
i
; her commission, We are losing this listing . They came to Judy on
their own so this has nothing to do with any fee on our part but
'lin fairness to Judy we have worked very hard and have not even bee
Fable to bring her any customers so I' do have to let her know that.
I! So I just want to let you know that there is no commission involved
11here on my part , at all .
{� i
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48 -
ACTING CHAIRMAN HAINE : Thank you.
MS. JACKSON: I want to say one other thing as regards to the
fissue of hardship. I realize there is perhaps other criteria in i
here but whether or not I need certain criteria or not - I am in
I a position where I have to do something and I have to rent it if I
4can't sell it and I do - right now we have a choice here in terms
I
of who buys it - I mean , it seems like a good option but I am in j
a position where I do have to do something so it 's really not a
matter of - it was nice of Jerry to say that he would like me to i
stay on but I can' t - I just can 't. There are only three kids and
myself and I just can ' t stay on there so I have to do something.
1ACTING CHAIRMAN HAINE: Thank you. Could you please be brief?
MRS . GARRISON: Yes I can. I just want to say something to the
issue of traffic and erosion of the residential thing. With nine
f guests and four double rooms the most that could happen would be
three to five cars and if you even took it in its present state orI
if it were divided into the two apartments and rented, we are note
talking about more than what would conceivably be going on now or
happening in the future .
ACTING CHAIRMAN HAINE: Thank you.
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- 49
i
BOARD OF ZONING APPEALS I
CITY COURT 1
JULY 7 , 1982
I �
EXECUTIVE SESSION
� I
APPEAL NO. 1451 :
IThe Board considered the appeal of Roger $ Theresa Garrison and i
! i Jackson use r' permit h
(Jud th Jac so for a u variance to p rm t use of the existing
` single-family dwelling at 415 Elm Street as an Inn for overnight
I
` (paying) guests . The decision of the Board was as follows :
i
!No. 1451-A: I
i
Ms . Stevenson: I move that the Board deny the use variance re-
question in appeal number 1451 .
MS . WARD: I second the motion.
(FINDINGS OF FACT:
�I1) There was no demonstration of economic hardship as as required
1for a use variance.
11
12)
ij
This property has not been listed on the market for sale for a
reasonable period of time .
VOTE: (1451-A) 2 Yes ; 2 No; 1 Absent
i
No 1451-B: i
s . Bagnardi: I move that the Board grant the use variance re-
quested in appeal number 1451 . i
S. HAINE: I second the motion.
,(FINDINGS OF FACT: i
I {
11) Economic hardship for the property\ was not demonstrated by the
(i property owner.
12) The property has been listed for sale for a relatively short
I
period of time.
i
VOTE: (1451-B) 2 Yes; 2 No; 1 Absent Denied.
Vote: At least 4 affirmative votes are required to grant a varian+
,ff
Since the motion to grant did not have 4 affirmative votes, the
�otion failed and therefore the requested variance was denied.
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- 50 -
BOARD OF ZONING APPEALS
CITY COURT
�t JULY 7 , 1982
(i SECRETARY HOARD: The next case is appeal number 1452 :
ii Appeal of Triaxon Ithaca, Inc. for an area
j variance under Section 30 . 49 and Section 30. 5 ,
!i Columns 11 and 12 for deficiencies in minimur>�
front yard setback and for two front yards , to
permit an addition to the existing commercial;
building at 104 Cherry Street. The property )
is located in an I-1 use district, in which
the existing use is permitted; however , under!
{' Section 30. 49 the appellant must obtain an
area variance for the listed deficiencies be
l` fore a building permit can be issued for the
addition.
1MR. GILLESPIE: My name is John Gillespie and I 'm the owner of the
1building and also the business that is located there - I don' t kno,�,
i
what papers you have but I have a site plan here which I didn' t
( have for the Planning Board. I 've worked at Triaxon since 1965 ands
Ilbecame owner of the business in 1969 and owner of the building in
j� 1973 . I have been operating it as a business which does mostly
i
printing negatives for printers and printed circuit work and that
I ;
`! type of thing and I 'd like to be able to enlarge the building in
Forder to put in some new equipment which would help me to better
�I I
produce my product which is printing negatives and photo prints and
things like that. The present building is not in compliance to they
�� zoning regulations because it was there as I purchased it and it
f
' just doesn't have enough footage in front and in back as shown on
!your little diagram. This is - this map will give you sort of the
'location of it - this is the octopus bridge here and the business
I
his here R Wallace Steel is over here - these is a residence across
�thestreet, the A.B. Dick building.* which is now for sale, is right!
there . Hap' s Wrecker Service is in this area and Wallace owns the
I
entire side of this street n Wallace Steel does -- other than myself!
land most of this and Triangle Steel is down here . Cherry Street !
I! I
,;park and so on is at the end of the street, So it is a residential!
Izone and I just want to add to the building. I don't know have
I
i,you all read this? That just about presents my case,
1!
!'ACTING CHAIRMAN HAINE : Are there any questions:? (none) I
MR. GI'LLESPI'E: Okay? Thank you.
I
,JACTING CHAIRMAN HAINE: Is there anybody here to speak in favor of
i
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51
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( this appeal?
lMR. GILLESPIE: I might add that it was passed unanimously by the
I Planning Board.
I
f ACTING CHAIRMAN HAINE: Is there anybody here to speak in opposition
to this appeal? (no one) Thank you.
i
BOARD OF ZONING APPEALS
CITY COURT
JULY 7 , 1982
EXECUTIVE SESSION
APPEAL NO. 1452
The Board considered the appeal of Triaxon Ithaca, Inc. for an
area variance to permit the addition to the existing commercial
building at 104 Cherry Street . The decision of the Board was a
follows :
MS. STEVENSON: I move that the Board grant the area variance
requested in appeal number 1452 .
I
MS. HAINE: I second the motion.
FINDINGS OF FACT:
� 1) The proposed addition will not adversely affect the commercial
neighborhood.
!2) The proposed use is permitted in and appropriate to the zone.
3) Practical difficulties have been shown in that the existing
building has the setback deficiencies and to comply with the
Code , the existing building would have to be relocated. i
VOTE : 4 Yes; 0 No ; 1 Absent Granted
I
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i 52
BOARD OF ZONING APPEALS
CITY COURT
;! JULY 7 , 1982
i
i
IISECRETARY HOARD: The next appeal is appeal number 1453 :
I� Appeal of The Ithaca Housing Authority for an ares
variance under Section 30. 49 and Section 30. 25 ,
Columns 4 , 8 and 9 for deficient off-street parking ,
and building height exceeding the maximum permitted,
II� to permit the construction of a six story multipl�
i` dwelling which will be connected to the existing
ff fifteen story multiple dwelling at 800 South Plaint
Street. The property is located in an R-3b use j
district, in which the proposed use as a multiplel,
jl dwelling is permitted; however,under Section 30 . 49
�i the appellant must obtain an area variance for thel
i! listed deficiencies before a building permit can 1
1i be issued for the new structure .
i
�MS. BATTISTI : I am Mary Louise Battisti , executive director of the
i
lIthaca Housing Authority and I would like to defer all statements
i
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! and presentation to our architect Mr . Jim Loveall who is a repre- j
sentative of Fred Thomas Associates . i
MR. LOVEALL: Good evening , I ' ll try and maintain most of my dis-
cussion to the necessity for the variances requested here but prior
to doing that I just want to give you a brief overview as to the
scope of the project. This is the existing Titus Towers project -
i
; a fifteen story building - this is Wood Street, Plain Street, and
i
Elmira Road Ext , off to the side there . The property line boundary
i
that you see here represents the Housing Authority' s property - it
alis 8 .41 acres in size and this building here represents the parti-
Icular building proposal that we are presenting and the particular
building is six stories in height it ' s fifty-three feet high I
think you can see - this is a scale model - everything is at an
(inch to forty feet. The trees have been sitec out of the various
heights of the building or the variouss stories they are gener-
ally in the sixty to one hundred foot height , in and of themselves ,
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,land it is quite an impressive stand of trees if you have ever seen
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! the si,te . The building, as I said, will house seventy units for the
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elderly. These will be housed on the second through sixth floors .
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(10n the first floor under the six story, structure and in this one i
'story connecting link here, will be programmed community facilitiesj,
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i!in effect, to bring the two buildings together and create what we
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, hope will be a very desirable living environment for the elderly
' citizens . There is , in the appeal that we submitted, I would calf
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; your attention to the fact there is one error in the number of han4i-
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! capped units. It is ten not twelve - we were required to provide
Ijseven, however the configuration allowed for provision of a few
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jiadditional handicapped units . The project is federally funded by
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�Ithe Housing & Urban Development it must meet the prototype hous- i
ring costs that have been established for various structures in thell
! area. The Housing Authority has been very fortunate in that they
did receive some additional funds to provide what would be normally]
! excess community space and that was done, really, on the recogni-
tion that when the original Titus Towers was built it - again this
is rated for the number of units - it has less than the required
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IIminimum - or at least now the standard minimum of communal spaces
" so an additional allocation was made to the Housing Authority to
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Tallow for the provision of these communal spaces for the total
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Ilcapacity of two hundred thirty-five residents . One of our concerns
din dealing with this building and looking at the two as a composite
was really to provide for safe enclosed access between the two
, structures. The first floor, essentially, of all this was really
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' seen as being a - well I guess a version of a small city in and of
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; itself, and with recognition of the ambulatory capacity of the
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Ilelderly residents the average age I came to find out was 86 - of
lithe people who are in the structure at this point and the handi-
!! capped which are also housed here - it was necessary to bring the
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, two structures as close as practicable together - this was , again
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jidone to provide for minimal - to allow for minimal site coverage.
And minimal destruction to the mature plantings to the south which ''
have been enjoyed by the residents to this date and also provide
Iffor - I 'll say active outdoor areas - or seating areas , picnic areaIs ,
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Ilgardens , etc . that now exist. With one last statement with respect',
I,to the model - the model was really used as a tool throughout the
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i1 entire design process and we demonstrated to the Housing Authority
Ilthe various locations of the particular building and how - what the`
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impact would be on the site proper - we developed -- didn't bring
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all the goods here but we developed sort of a sun diagram calcula- 1
for which would illustrate for the various times of the year simpl
by rotating the earth, if you will , compared to where the sun was .
The location of the solar pattern at various times of the day and
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this was - it was deemed very desirable to locate the building in
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this location as you will see in a second when I go to some -
briefly go through some presentation diagrams or illustrations of
the site proper. These were done to communicate the basic issues
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to the Housing Authority as we first got into the project. This
( represents - the small scale diagram - the existing tower and the
( shadow pattern that was created by the building during the various
times of the year . Obviously in winter the tower cast a shadow
that traverses all the adjacent properties to the south. In the
spring and fall it is somewhat diminished and in the summer it is
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fairly minimal for a tower of that size. We began to analyze the
location of we analyzed the location of vehicular traffic patter s
if you will , what seemed to be decidedly dedicated to pedestrian
natural uses and identification of various other zones and in this
case it was a question of whether it was a buffer zone was it
usable what in fact was the function of that area. We further
looked at the building proper to initially to decide what would
be the best location to join the two structures . The pink here
represents mechanical this again would be the existing structure
on the first floor and the green representing the communal space
that exists there . And our initial reaction was to work off in thi'
direction seeing it as an extension of those communal facilities .
However the implication what seemed to be the obvious implication
was then refuted by a series of studies, and again, at this point I
we were dealing diagrammatically with a, plan of the existing build-
ing but looking and saying if we attempt to create adjacent condi-
ition there what we were really doing by placeing two buildings to-
gether on a site is in one sense defining a space and in this par-
titular case we were creating an open space which would unfortun-
ately bask in its own shadow most of the year. It didnrt seem to I
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provide, as far as the criteria of allowing some outdoor space for
the residents, plus the enjoyment of the view - it didn' t provide
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{! very much in the way of amenity value . Various other options were !
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! looked upon, again with recognition of the solar studies . The
11scheme that we finally resolved was to really utilize the link as
IJa bridge of the communal facilities and really bring the mechanical
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spaces which has very little bearing on what we are discussing
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! here other than the fact that the siting was really looked at to
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!; optimize the zoning of the site with respect to vehicular traffic , I
existing vehicular traffic - parking if you will -- extensions
thereof, and so layering or working with the functions through the !
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11building out into the natural spaces that already existed with mini!-
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,mal impact . These diagrams on the top really just illustrate again!
Lhat I 've already indicated. The various shadow patterns at noon, !
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11in this case, for the various times of the year. Again the pro
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Il posed structure is here and you can see that at no time really does,
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�Ithe shadow actually traverse the property line . The fact that dur-,
}ling the winter it ' s several feet back of the property line . As wej
got into the project proper it became apparent that there were really
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,,two solutions that we could have taken. Number 1 , and this is with,
respect to the particular soil conditions on the site - number 1
would have been a low rise solution, that is a two-story configura-i
tion. If you will, taking this and multiplying it three times on I
the site you get sort of an idea of first of all , the impact that
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!that type of structure would have. It was also deemed that that
would be overly circuitious with respect to the requirements of the
' elderly and the handicapped and for those reasons in addition to
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(which being on the flood plain you've got to elevate the structure 1
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- it became to be a fairly expensive proposition for such a large
building area on one floor . Looking at - once again, going back
to the soil conditions , once the decision was made to go beyond twos
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�Istories - which was obvious again for programatic reasons - we were
;really required to go into a different foundation system and that
his steel friction piles. We did a boring that went down two hundre4
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!twenty feet and the news was not very good. There is really very
(;little until you reach one hundred sixty five feet with respect to
(!what we need. The remaining area is what they call in engineering
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11jargon "unconsolidated material" meaning that it still is really
;! compressing under its own weight it certainly couldn' t support
a building within that zone . . . . We also did a test pile and I
; loaded that particular pile to determine what we could in fact
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jlanticipate - being able to utilize for design loads and those
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again, we were already working the test pile data against buil4-
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ling configuration - trying to optimize, if you will , the construc-
jtion aspects of the project. It turned out that the optimal load-
ling of the piles really came in for the weight of this particular i
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glstructure - at a six story building - perhaps seven or eight might
lihave been even better . The issue is really that once we go to 200
( feet we've reached all the bearing capacity we can possibly derive .
However, for any building in the four story range, which is what l
we are discussing here with respect to the variance - we would
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' still have to go 165 feet minimal probably 185 feet. So it really
j became an issue of the plan area of the tower here is approximately
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1111, 000 square feet . Within those 11 ,000 square feet we have ninety,
! five friction piles going down two hundred feet . Were we to go wilh
11a four-story configuration we would have approximately one hundred ,
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; thirty-five piles going down one hundred eighty-five feet - we
!'wouldn't have to go quite as deep but you must - each pile you have
jlto buy that first one hundred sixty--five feet of absolutely useless
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�istructure . So we are working generally in the housing project was ;
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established before the design was done. There was a prototype cost
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I', that we had to design to with respect to the units and we've met
! that - there were the additional funds available for communal j
space - we 've met that . Within these prototype costs they have a
general dollar value for foundations . Now they recognize , because j
llof the original building , the difficult soil conditions and addi.
�Itional funds were put into the project for that . At this point,
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ewe are talking in the neighborhood of $400 ,000 . for the foundation I
; work, for the steel piles . The addi.ti.onal pile work pro-rated out ;on
Iia basis of for the estimate - would add approximately $150,000.
'to the project and quite frankly you know, we have - I guess I ' ll
;say, massaged the project to the fullest extent that we can and the
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additional money really doesn' t exist to provide the foundation
1work that was required. So that, I guess , would be the essence of
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the hardship with respect to the four story vs . six story configur -
tion and that really being the additional amount of piles that would
be required for the structure in a four-story configuration. With
respect to the parking - again, going back to the diagrams briefly,
the optimal location did sort of place the building or a portion
Ithereof, on a small portion of the parking lot which is right in
this area, okay? Again it was decided that that was stall the mos
desirable place to be - we had to maintain certain vision require-
ments from both sides of the building and so be it. A portion of
the parking area was removed - I think it was sixteen spaces
again the number alludes me . Suffice to say that we are increasing
the capactiy over the original variance which was , I guess , forty—
three spaces, to ninety-three spaces . Now HUD reviews each one of
these projects on an individual basis and it was their determinatioin
at the time, that the required additional amount that they would
feel adequate for this building - was thirty-five units - thirty-
five spaces , I 'm sorry. So we are in excess of that particular
requirement. In addition to which, again going back to the exper-
fence of the Housing Authority over the last ten years , out of one i
hundred sixty-five residents they, have thirty-nine people who
apply for cars . There isn't any restriction on it , this is it.
And again I think it probably reflects back on the age bracket -
'being in the 86 average category. . . . There is adequate public
transportation, this particular path here takes one right across
the street to the super market and, as I said, there is bus service
that comes right into the building so I think the demand on th.e
parking has - I think. .t is warranted - the parking that we are
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( providing vs . the required, I believe, two hundred thirty-five
spaces. The other point I 'd like to make is again with the concern
of maintaining the landscaping on the site . There were various
pronounced and really very spectacular stands of trees off to this
side of the property and what we have done is to articulate the
parking to save as many of those trees as possible . Hence we have
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�Ilost
a bit of the capacity that one might have been able to do andl
lithat has a bit to do with the sort of steel ring of the parking lot
Ifrom the original configuration. But the intent was precisely to
!;work around the existing plantings as much as possible - and to
!preserve both this zone, as not only as a visual amenity for the
Housing Authority but certainly as a buffer to the existing houses
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!!on Wood Street. We do have other models but perhaps they are not
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`really worth considering at this time. If you have any questions
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or if you want more detail - I will be glad to answer them. j
MS . BATTISTI : I would just like to make one comment . When this
building was built a variance did come in for forty-three parking !
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spaces for one hundred sixty-five units . We are increasing it to
niney-three - so in actuality what we are asking for is a variance
lof maybe twenty parking psaces for this building. The variance
!was given for this one . And that is what we are asking.
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`IMR. LOVEALL: One other comment . part of the stepping of the
(facade of the building really serves two benefits . What we did was!
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within the configuration of the units themselves - attempt to j
create - this is the largest scale version of a unit within what
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is pretty prototypical housing as far as what one can afford, given
ithe cost create a sort of a corner window situation to give more I
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,,of an exposure let' s say to a bay window or something of that
±nature - an elderly resident may be more , find more affinity to
ft s
Hvis-a-vis a house that they may be living in - rather thanjust the!
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!!typical chicken coup type situation where everybody has one exposurle .
iNow the other side benefit of doing it as you see on that small
11scale model - I could show you on the larger one , it not only give
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ilthis sort of panoramic view and the ability, to control exposure as
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I�the sun goes. around the building. In the summer it is obviously
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lion a day like today you would want to cut the sun out as it travels
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11around your unit but yet you could have a view out the other side .
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lIn the winter it might be the other .way around. But the stepping
of the facade really help to break down the massing of the building!
;considerably and to articulate it and really to diminish the scale
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�11 think in comparison to the existing tower, although again it doesl
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!' tend to break itself up a bit. I guess that' s about it .
�IACTING CHAIRMAN HAINE: Any questions? Anybody else who would liko
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;oto speak in favor? Anybody who would like to speak in opposition?
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, Thank you.
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IMR. LOVEALL: Thank you.
(� BOARD OF ZONING APPEALS
i� CITY COURT
NI JULY 7 , 1982
EXECUTIVE SESSION
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'APPEAL NO. 1453 :
The Board considered the appeal of the Ithaca Housing Authority forI
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'Ian area variance to permit the construction of a six-story multiples
dwelling which will be connected to the existing fifteen story mul-i
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(ltiple dwelling at 800 South Plain Street . The decision of the
IlBoard was as follows :
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SMS. STEVENSON: I move that the Board grant the area variance re=
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Ij quested in appeal number 1453 .
!!
( MS. BAGNARDI : I second the motion. i
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FINDINGS OF FACT:
i!1) This housing would increase the number of specifically designed(
ielderly, housing units , for which there is a significant demand
Iin the community.
Ei2) Would not adversely affect the neighborhood.
13) The relationship of parking spaces to the number of people i
jj housed has been shown to be more than adequate for this type
Of use both through HUD requirements and through the experience
j of the Housing Authority.
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y4) Practical difficulties due to soil conditions were shown and i
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!' the effect of the height of buildings on the adjoining proper- j
(� ties was carefull studied for harmful affects d
�i Y ff an the buildingi
!4 was designed to eliminate or reduce those effects .
IIVOTE: 4 Yes; 0 No; 1 Absent
Granted.
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BOARD OF ZONING APPEALS
CITY COURT
JULY 7 , 1982
I
SECRETARY HOARD: The next appeal is appeal number 1454 :
I Appeal of Ming-Ming Shen for an area variance
under Section 30 . 49 and Section 30 . 25 , Columns 5
and 14 for deficiencies in off-street loading and
minimum rear yard setback, to permit conversion o
second floor commercial space to two apartments i
the existing commercial and residential buildin
at 104 North Aurora Street/224 East State Street .
The property is located in a B-3 use district , in
which the proposed use is permitted; however , under
Section 30 .49 the appellant must obtain an area
variance for the listed deficiencies before a
building permit can be issued for the conversion. ,
MR. BUYOUCOS: My name is James Buyoucos and this is Mrs . Freedbur .
I am here because Professor Shen is in China with his wife Ming-
Ming Shen and I wanted to make sure that if something came up I
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could be here to answer any questions . Mrs . Freedburn has been
consulting with the Shens and she is here to answer any questions
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you may have about the apartments. I would think you would be very
happy to see us because what we are doing is asking for a change
from commercial to residential instead of residential to some use
other than a residential. We were permitted to have a residential
use - the only question is and we comply in all respects the only
question as you know is we don 't quite meet the side yard require-
ments . The building is located at the this is Aurora Street , this
is State Street - now the Commons this is where Ragmans is - so
it is a party wall here - a street - we are right up to the street
line and a party wall and this is the little back yard. The proper-
ty is at the intersection of the Commons and Aurora Street, Simeons
is on the first floor -- the change sought is for the second floor.
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It used to be a guitar shop there but it has moved away. Under an
area variance all we are required to provie is practical difficul-
ties . We are not required to prove hardship , However we can prove
hardship and I 'll just make this statement that once upon a time I
can remember three or four dentists having their offices on the
second floor of buildings on State Street. They don't have them
there anymore . It is very difficult to find commercial clients so
this will fulfill a need, we can assure you. I can give you my
personal assurances that it will not affect Kelly's Drydock,
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Ragmans , Plums or the Pine Tavern, in any way. So this will be a
decided improvement . Mrs. Shen is ready to spend $8 , 000 . on this .
We will have to do extensive renovation to come up with the code .
lThe City will benefit, everybody will benefit , ultimately it means !
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; that she will have revenue to take care of the outside of the
building to prevent deterioration. Mrs . Freedburn is here to
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answer any questions you may have. And we just want to point out
lsomething to you. The rental season is coming up fast - it is go- 1
I ing to take us some time to make the changes so that we can have
} it ready for rental . I would like to ask any of you if you have
Jany questions that you feel any doubt about it - I 'd like to have
you ask me now because I would like to be in a position to answer
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lit because it is very important for Mrs . Shen's point of view that ;
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this go through quite rapidly. I understand the Planning Board
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recommended it ratherprecipitiously - they didn't even let me
, finish my talk.
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11SECRETARY HOARD: This Board probably won't hold that aginst you.
IjMR. BUYOUCOS: Do you have any questions? Thank you very much.
! I
; ACTING CHAIRMAN HAINE : Is there anybody who would like to speak
jin favor of this appeal? Anybody who would like to speak in
,!! opposition?
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BOARD OF ZONING APPEALS
�i CITY COURT
�I JULY 71, 1982
i
EXECUTIVE SESSION
IjAPPEAL NO. 1454 :
�j
liThe Board considered the appeal of Ming-Ming Shen for an area vari4
�i i
fiance to permit conversion of second floor commercial space to two
apartments in the existing commercial and residential building at
11104 North Aurora Street/224 East State Street. The decision of thq
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Board was as follows:
jIMs . WARD: I move that the Board grant the area variance
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Ej requested in appeal number 1454.
I! MS. BAGNARDI : I second the motion.
!iFINDINGS OF FACT:
I �
11) The land use is permitted and appropriate . j
' 2) This use does increase the supply of housing by two units .
13) Practical difficulties were shown in that the building would
'
1� have to be partially demolished to create the required rear
�i yard. j
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jVOTE : 4 'Yes ; 0 No; 1 Absent Granted
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l BOARD OF ZONING APPEALS
i
CITY COURT
(� JULY 7 , 1982
, SECRETARY HOARD: Appeal number 1445 :
Appeal of Elly Hartmanis for an area vari-
ance under Section 30 . 49 and Section 30 . 25 ,
Columns 112 12 , 13 and 14 for deficiencies
I in minimum front yard setback, minimum set-
backs for both side yards , and minimum rear
yard setback, to permit the retention of thel
existing deck and "Jacuzzi" structure at
i 408 West State Street . The property is lo-
cated in a B-2a use district , in which the
existing use as a business is permitted; how
ever, under Section 30 .49 the appellant must )
obtain an area variance for the listed de-
ficiencies before a building permit can be
issued for the structure , which was erected
without a permit .
MRS . HARTMANIS: I 'd like to apologize for not being here when we
were called but I went to County Court instead of City Court . My
apologies . I guess what - we are coming before you for a variance
, as Mr . Hoard has described it . The fact that we went ahead and
! completed the structure was out of ignorance because we weren' t
aware that we had to apply for a permit . Thinking more in terms o
this being a deck rather than a structure. I guess it is now
classified as a structure and therefore I understand we have to go
before you to ask for the variance. This is after the fact it
has been built and it is used for display purposes of a "Jacuzzill
deck, Jacuzzi Whirlpool spa. As I have tried to point out in my
±appeal, it is used to further sales of residential interiors that
!we do throughout the building. Basically we are extending our
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showroom to the yard - a very pretty yard and we think it is beau-
tiful but we would like you to somehow help us retain the legal use
of it which we don't have at this point .
MS . STEVENSON: The plumbing is connected already?
IMS, HARTMANIS : No there is no plumbing to it, When it is filled
Iit is filled by hose there is only an electrical connection.
MS. STEVENSON: Oh, and it doesn' t require I see.. i
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IMS. HARTMANIS: it has been connected electrically and it has been
linspected and approved.
MS . BAGNARDI: But you fill it with a hose not underground water?
MS. HARTMANIS: No . We have built a cover for it so that there is
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,Ino danger of anybody falling in. It is a rigid cover that is in-
Isulated. At this point we are not quite sure whether we are going ,
Ito keep it there in the winter or not - we may actually sell it all
! before the winter and take it out.
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RIMS. WARD: If you take that one out would a new one fit in the samo
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1spot?
' R
SIMS . HARTMANIS: Yes .
' MS . WARD: You wouldn't have to extend the deck?
MS. HARTMANIS: No . The deck is actually much larger than the I
41Jacuzzi would have required but that is for aesthetic reason -
design reasons you know - in order to make it look appealing and I
i haven't seen the pictures that have been taken but I do, of course ,'
I' know what it looks like . It has to be built large enough so that
ithe proportions are nice. I don' t believe I have anything else to :
ii
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f say.
Ri
iACTING CHAIRMAN HAI`NE: Are there any other questions? Thank you,
Is there anybody who would like to speak in favor of this appeal?
iAnybody who would like to speak in opposition? Guess thatts it .
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We now adjourn into executive session and if you want to hang
; around outside you are welcome to, but I think we are going to be
la while .
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j BOARD OF ZONING APPEALS
i! CITY COURT
JULY 7 , 1982
i;
EXECUTIVE SESSION
jf '
APPEAL NO. 1445 :
�IThe Board considered the appeal of Elly Hartmanis for an area
variance to permit the retention of the existing deck and
11'Jacuzzi" structure at 408 West State Street . The decision of
i
' the Board was as follows :
r
i MS . BAGNARDI : I move that the Board grant the area variance 1
it
requested in appeal number 1445 with the conditio
that the appellant comply with the New York State '
If Building Construction Code requirements for con-
struction within the fixe limits . Said approval
must be obtained by variance from the State Build-
ing Construction Board of Review or by a ruling
from that Board' s staff. Application to the New
York State Building Construction Board must be
filed within ten (10) days of this hearing date.
11MS. WARD: I second the motion.
I
( FINDINGS OF FACT:
ii
J) This is a permitted land use,
l
ii2) The structure for which the variance is requested is a wood
frame structure . The NYSBCC does not permit woodframe struc-
i1 tures within the fire limits of the City, because of the fire
it hazard involved. Therefore this Board has found that the
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I' structure can have a negative impact on the neighborhood.
f' VOTE: 4 Yes; 0 No; 1 Absent Granted w/conditions
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II , BARBARA RUANE , DO CERTIFY THAT I took the minutes of the Board I
Iof Zoning Appeals , City of Ithaca, New York, in the matters of
Appeals numbered 1445 1447 1448 1449 1450 1451 1452 1453 1
Pp >
and 1454 on July 7, 1982 at City Court , 120 East Clinton Street , i
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Ithaca, New York; that I have transcribed same , and the foregoing
is a true copy of the transcript of the minutes of the meeting and
the executive session of the Board of Zoning Appeals , City of
Ithaca, New York on the above date , and the whole thereof to the
best of my ability.
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Barbara C . Ruane
Recording Secretary
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Sworn to before me this
�r. day of 1982
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! Notary Public
i JEAN J. HANKINSON
NOTARY PUBLIC, STATE OF NEW YORK
No. 55-1660800
1 QUALIFIED IN TOMPKINS COUNTY ,
MY COP:i.MISSION EXPIRES MARCH 30,19 ;
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