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HomeMy WebLinkAboutMN-BZA-1983-04-04 i I I i i i BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS i' CITY OF ITHACA NEW YORK i APRIL 4, 1983 !i TABLE OF CONTENTS Page i �IAPPEAL NO. 1481 William Zikakis (Withdrawn) If 416 Elmira Road APPEAL NO. 1483 Anthony J. Albanese 2 102 Adams Street i ( APPEAL NO. 1483 Executive Session 4 I i { APPEAL NO. 1484 Gary Coles 5 1004 Giles Street i APPEAL NO. 1484 Executive Session 7 ' APPEAL NO. 1485 Apple Blossom Cafe (no action) i I APPEAL NO. 1486 Jason Fane 8 I I 119-121 Dryden Road i + APPEAL NO. 1486 Executive Session 19 I APPEAL NO. 1487 INHS 20 I 502 West State Street I ' APPEAL NO. 1487 Executive Session 22 it �ICERTIFICATSON OF RECORDING SECRETARY 23 i I I I I I I I� I !i I I 1 i I I i I 1� I (I I BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS i CITY OF ITHACA NEW YORK APRIL 4 , 1983 CHAIRMAN WEAVER: I ' ll call this hearing to order. First I would like to introduce the members of the Board: Donna Ward Bette Bagnardi Michael Tomlan Peggy Haine Bea Brownell Charles Weaver, Chairman Thomas D. Hoard, Building Commissioner & Secretary to the Board Barbara Ruane , Recording Secretary I ' ll now describe the procedure we follow here that will govern the rules of the meeting . First, this is a formal hearing of the Board of Zoning Appeals of the City of Ithaca. The Ordinance that we are administering is the Zoning Ordinance of the City of Ithaca. We will not be bound by the rules of evidence however our deliber- ations will require adequate information to come to a proper deter mination. We request that all participants come forward to the microphone up here so that your remarks will be recorded. If you ad lib from out in the audience it will not be recorded. It will j irritate the Chairman and not get on the record so I 'd recommend against it . We ' ll hear in the order listed on the notification - evi- dence will hear each case, Upon completion of the hearing o � g i- o f the v dence we will then go into executive session. At the end of our deliberations we ' ll come bask into an open meeting and you will be able to hear the resolution of the Board. However if you do not wish to wait until that time you can call the Building Commission- er' s office during business hours tomorrow- and receive a verbal notification of the results. On the official list of items to be considered tonight are two appeals one appeal number 1485 in regard to the property at 30.8 Stewart Avenue that case has been resolved by administrative action and will not be heard tonight. IAnd on the second page of the listing , the appeal of number 4-1-83 of JpJ Enterprises regarding their property at 920 N. Cayuga St. , that has been postponed by the appellant. If we could have the first case please . - 2 - ( SECRETARY HOARD: The first appeal Mr. Chairman is appeal number 1481 : Appeal of William Zikakis for an area variance under Section 30. 49 and Section 30. 259 columns 11 and 13 for deficiencies in minimum front yard setback and minimum setbacks for one sideyard to permit construction of a mini-storage facility at 416 Elmira Road. The property is located in a B-5 use district, and the appellant received a variance for the proposed use on June 7 , 1982 ; however the appellants must obtain an area varianc for the listed deficiencies before a building per- mit can be issued for the new building. Is anyone here on this appeal? (no one) The next appeal on the agenda is appeal number 1483 : Appeal of Anthony J. Albanese for a use variance under Section 30 . 49 and Section 30 . 25 , Column 2 (Permitted uses) for deficiencies in minimum lot size, minimum lot width, minimum lot coverage to permit rental of space to a heating and air condi- tioning contractor at 102 Adams Street (Calendar Clock Building) . The property is located in an R-2b use district, in which the proposed use is not permitted; under Section 30 . 49 the appellant must obtain a use variance before the proposed tenant may occupy the building. MR. ALBANESE: Mr. Chairman, I 'm Anthony Albanese, I own the build- ing that ' s been so frequently talked about as the old Ithaca Calen- dar Clock Building. We have an area in the back that was previously occupied by the Finger Lakes Music Company that has a shop at the Pyramid Mall , They used this area for storage and some repairs . Last fall they decided that they couldn' t handle it any longer so I released their lease and in the meantime I found a tenant right near by, by the name of John Schmidt who occupies - or has been in business on the same street about in the middle of Auburn Street, who at the time had been there for a good many years worked out of his home and part of his garage. He wants to rent the place and he does- plumb ng no he doesn't do plumbing, I do he does sheet metal work and air conditioning work, pretty much the same thing that I do , and he is taking up the same area as they did. The parking is the same, he has a couple of areas there so that ' s not a question. I guess that ' s about it. MS. BAGNARDI : How many parking palces are there -- on Dey Street and on Auburn? MR. ALBANESE: At one time We figured out at session here that there was thirty-nine (39) and there is only, about half of them occupied. i - 3 - I) ,MS. BAGNARDI : Are they all designated for Clever Hans - they all ; seem to have Clever Hans signs on them - is there any significance?, MR. ALBANESE: Well sometimes we have tenants that like to monopo- j jilize them but we have designated areas . And this particular one I i here was designated at the rear of the shop right in front of them lexisting door. In fact it is the same identical area that the I previous tenants had which is in the back. fMS. BAGNARDI: Okay. But over on this side there seems to be a I1ot of places. � MRALAS : ere s - n act . ALBANESE: Thiifi f I IMS . BAGNARDI: But they are all Clever Hans too? I i IMR. ALBANESE: Well Clever Hans has a little different set up. Most of the parking areas are filled after hours so it really does It i ; bother. The only time that we really have a big problem is when , the Book Club has their sale and that last about ten days - they { park all over. I CHAIRMAN WEAVER: Any other questions from the Board? Thank you. Is there anyone else who wishes to speak in opposition to this , application? We ' ll have the next case please . i 1 I S I I� I i I� { I� I� , I li 4 i j �I I BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK APRIL 4 , 1983 EXECUTIVE SESSION { APPEAL NO. 1483 : j i iThe Board considered the appeal of Anthony J. Albanese for a use I variance to permit rental of space to a heating and air condition- ! i ing contractor at 102 Adams Street (Calendar Clock Building) . The idecision of the Board was as follows : �iMS. WARD: I move that the Board grant the use variance re- quested in appeal number 1483 . j I IMS . HAINE: I second the motion. I (VOTE: 6 Yes ; 0 No Granted FINDINGS OF FACT: i i i1) No change in the use of the property. 2) Ample parking is available for the use . I � 3) Wouldn' t adversely affect the character of the neighborhood. I i I i G I i � 1 i f I! I r i - 5 - ` BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK APRIL 4 , 1983 SECRETARY HOARD: The next case is appeal number 1484 : Appeal of Gary Coles for an area variance under Section 30 . 49 and Section 30 . 25 , columns 11 and 12 for deficiencies in minimum front yard setback and minimum rear yard setback to permit the con- struction of an addition to the rear of the exist- ing single family home at 1004 Giles Street. The property is located in an R-lb use district, in which the existing use as a single family home is permitted; however, under Section 30 . 49 the appel- lant must obtain an area variance for the listed deficiencies before a building permit can be issue for the addition. MR. COLES: My name is Gary Coles , I own the property and the addi - tion is for an expansion of storage area, closet space , bathroom and kitchen facilities . CHAIRMAN WEAVER: Driving by I noticed the addition is already in existence. . . MR. COLES: It is partially up, yes sir. i CHAIRMAN WEAVER: Is there some reason that you have started your building before the appeal was heard? MR. COLES: Ignorance of the fact that I needed one. CHAIRMAN WEAVER: That property that is behind your house - is tha all one single owner back through there? MR. COLES: That ' s a double deep lot with no access to any kind of building or expansion ability. It is kind of land-locked - it is between my property, the gentleman' s property behind me , another lot to the south and it' s undevelopable as far as I understand. I you have the drawings - that 24 x 24 foot garage was put on five years ago and at that time the City told me or informed me that my addition that I had planned to put on then could not extend more than ten feet and the gentleman who put the foundation in for the garage was going to extend the foundation under that rel area of the drawing but due to financial difficulty T didn't allow him to do that so when I went out with the building, I only went out eight feet to stay within the ten feet ordinance and didn't realiz Ithat I was extending some limits .. I was told at that time that i I I - 6 - , there was a street at the end of my garage by the name of Treva Avenue and that made that a side yard and therefore I needed ten feet of space and I have twenty feet there now but since then I ( guess the road is no longer existing or has been taken off the I � books or something so I was under the impression that I was within ) two feet of my permissible lot size when I started the addition. CHAIRMAN WEAVER: Any questions from the Board? MS. BAGNARDI : How long have you owned the house? I I MR. COLES: I bought the house in 1974 . As the drawing shows , it is a very small house . I did not put in - in the kitchen and the i bathroom I did not put in the utilities which show that the size of the building is even much smaller but in the bathroom you have exactly 2 ' x 4 ' to move around very, very small . The addition Twill allow freedom of movement . In the kitchen you have exactly 4 x 6 and two people just can't maneuver in the kitchen at all . That is what the extension is for. I IMR. TOMLAN: Are there any living spaces in the basement or is the e ia basement? tMR. COLES. There is a basement but being underground it ' s very i I I hard to have access: to the basement . I MR. TOMLAN: Well you show a stair on the inside or is that . . . ? 1 MR. COLES: Yes that is a utility stairway - it is not very com- fortable to use - it is not good to be traveling up and down the i i ilbasement is used for storage and there is a washer and dryer down 1 there and it is damp because it is underground. CHAIRMAN WEAyER: Any other questions? Thank you.. Is there anyone ) else who wishes to be heard on this matter? Anyone who wishes to (' oppose? We'll have the next case please. I� I i I i I s BOARD OF ZONING APPEALS I COMMON COUNCIL CHAMBERS i! CITY OF ITHACA NEW YORK APRIL 4 , 1983 I i EXECUTIVE SESSION j IIThe Board considered the appeal of Gary Coles for an area variance ',! �; to permit the construction of an addition to the rear of the exist ling single family home at 1004 Giles Street . The decision of the Board was as follows : i MS . BROWNELL: Imove that the Board grant the area variance re- quested in appeal number 1484 . � MS. BAONARDI I second the motion. 1 VOTE: 6 Yes ; 0 No Granted FINDINGS OF FACT: 11) The house is very small . i2) Deficiencies- are minimal . I I 1; 3) This is a one-family home and wouldn' t cause problems with !I the neighbors . 4) The front isn't going to be exacerbated by this addition. I, l � I � I I I I i w I I i i I � i i I� I I I I CI I - 8 - i BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS I CITY OF ITHACA NEW YORK APRIL 4 , 1983 SECRETARY HOARD: The next case is appeal number 1486 : Appeal of Jason Fane for an area variance under Section 30 .49 and Section 30. 25 , column 13 for deficiencies in minimum setback for one sideyard to permit construction of a merchantile building at 119-21 Dryden Road. The property is located in a B--2a use district, in which the proposed use is permitted; however the appellant must obtain an area variance for the listed deficiency before a building permit can be issued for the construction MR. FANE: My name is Jason Fane and I 'm applying for a variance concerning side lot at 119 and 121 Dryden Road in Collegetown. I have some boards here which may help explain what this application is about. This first one shows the area that we are concerned with. And the subject property is outlined in rose colored marker and to help you identify the location; this is Eddy Street over here, Cascadilla Hall of Cornell , the Eddygate is here, this is , Dryden Road the bank is over here - this is College Avenue I another entrance to Cornell is over here this is Sheldon Court . If you have been following the talk about some other proposed con- struction in Collegetown, there is talk of putting a Performing Arts Center in this location, there are now some parking lots here - there is also some talk of a major parking ramp in this area and I think possibly a hotel over there. I'm not representing that an of those things will be built but those are the locations that are being discussed. This application concerns a side lot approximately equal to the width of this rose line and on this side of the property and only on this side of the property, And our proposal is to build a retail building, one-story building and we would be I 100 in compliance with all of the other zoning requirements except) as currently (unintelligible) is a requirement for five feet sidle lot on one side and ten feet on the other we are going to have more than the ten feet on this side - a loading dock over here . Let me show you a diagram which blows up the property in more de- tail . We will have the loading dock here r the side yard -- we 've got the back yard - we are under the 75% allowed coverage. I've got the parking that is required but there is requirement for the ii I 9 - � I five feet over there and that is the subject of this application. ; Now the issues as we see it here and the reason that we are re- 1 I Ijquesting this application be approved has to do with the nature of IIi � flthe trends - what is happening in Collegetown. Where - if you go I � back a long time, the land was perhaps farm land or undeveloped I land - and then there came a time when there was a small univer- sity - there were houses there - we arenow in a period where this i I area is becoming commercial on our side of the street and there jwill be some kind of major development on the other side - as I mentioned, possibly a hotel and a parking ramp and it seems almost definite the Performing Arts Center. Now it is my contention and this contention is strongly backed by Mr. VanCort , the Director Iof City Planning, that any retail area - it is very desireable i to have an unbroken line of store fronts as you have on the Ithaca , Commons as you have on a good portion of Eddy Street - as is allowed and you have on a good portion of the 400 block of College ! iAvenue and as was approved for Mr. Gus Lambrou on the corner over j I here . And it' s a simple idea but it' s really it ' s an important � 'one - it has to do with how retail business is conducted and how i �Ipeople feel when they are shopping. When you have a continuing line of retail establishments a person can walk in a relaxed i Ifashion without fear that they will be hit by a vehicle coming out liof a driveway or attacked by somebody in general you are dealing with an environment of high amenity because most shopkeepers make ala sincere effort to have attractive stores that you will enjoy I � 1shopping there. And when you have the spaces between buildings there is a tendency that garbage can collect there or that you will find dogs and cats or in some areas , I don' t think we have that prob- lem here now but in some areas you have muggers or drug dealing or other problems of this sort why they prefer the alleys I am jnot sure but apparently there is some tendency in that direction. I i , But when you have the continuing line of store fronts you just don 't have a place for these activities . Now there was at one point a concern raised by my neighbor Mr. Johnson over here con- cerning this I project and we have just reached an agreement and T I� I - 10 - i ' believe that he will confirm that subject to our agreement he has j 1lno objections to this proposal . I am trying to think if there is I I+ anything else I could tell you - I can show you some renderings 11of the proposed building, These are conceptually accurate althoug we haven' t decided in complete detail on every bit of material but ! this is in general what the building will look like . This is morel of a detailed view. If you like I would be glad to pass around all or any of these drawings and answer any questions that you have . � CHAIRMAN WEAVER: It might be helpful if you gave us the dimension of the triangle in the front. �I MR. SANE: Will you show me which triangle it is that you are ( referring to? I CHAIRMAN WEAVER: That triangle on the front there that you have changed the roof elevation on. MR. FANE : I'd rather if the architect answered that question it is a technical question and T don't want to mislead you. He is here and I will be glad to call him up. CHAIRMAN WEAVER: Okay. MR. SHARMA: My name i,s Jagat Sharma, I 'm the architect on the application project. You want to know how big the triangle is? CHAIRMAN WEAVER: That ' s right . I MR. SHARMA: About 30 ' x 301 . The dimension is thirty feet - abou thirty feet coming down. CHAIRMAN WEAVER; Okay that ' s all , MR. SANE: Are there any- other questions? MS. HAINE: I have a question. How wide is the driveway in the back? You say you've got a parking lot , I assume the parking will ibe behind the building? MR. SANE: Well two spaces will be behind the building , the rest are at another site within five hundred feet . MS. HAINE : And may I ask where that is? MR. FANE ; They are behind the building on the corner of Eddy and ; Williams Street r I've got a parking lot at 211 Williams Street i maybe part 200 or 300 feet from this location. I =l f - I IMS. HAINE: Are there any regular entrances behind? IMR. FANS: There is a fourteen foot rear yard and the loading dock will be over here so there will be rear exits . . . MS. HAINE: That' s a fourteen foot width? MR. SHARMA: Fourteen feet from the rear property line to the building line. MS. HAINE: Which is enough for a turn-around? MR. FANE: Well the loading dock is here and then the - Gary Adams can get a truck might go back but would probably come in here and then come out. MR. SHARMA: It all depends on the tenant and he could either sell from the front or from the rear. MR. FANE: We feel that most of the tenants will not be doing a high physical volume of merchandise of the small items or maybe a restaurant - it ' s not I don't anticipate like a furniture stor or appliance store or this kind of tenant. We feel that most of the business will be the customers will be pedestrians who eithe live or work in the area and many of these people are currently passing by the location anyway walk out of Cornell and down Dry- den Road and then on their way - one way or another - they stop in and buy what they would like . MS. BROWNELL: Can I ask you a question about unbroken line. You are saying a continuous unbroken line of store fronts . On your other rendering that you had there with other buildings - could I see that again? MR. FANE: Sure. MS, BROWNELL : Obviously there are alleyways between the buildings MR. PANE: That' s right. MS. BROWNELL: You are having a fourteen foot alleyway between you and the other building on your left side as I see it from here Right? 'MR. PANE: Well you are right about that, Let me explain to you my dear, in more detail . My feeling is that over a period of tiem and I 'm not in a position to tell you how long these things will take , that these various properties here will change completely I i{ 12 - that where you have houses maybe - I 'm just guessing but let ' s say ! ,` seventy or eighty years old, maybe older - as there was indeed one , isuch house on this lot - that they will be torn down and that at I ! that point they will be replaced either by retail buildings or if I �Ithere should be a zoning ordinance that is more conducive to con- �istruction - possibly by buildings of more than one story - and that 's where the issue comes up. It' s not just the immediate issu but I am trying to take a long term view of what should happen - ! what probably will happen in this area. Mr. VanCort also explaine `lat the Planning Board meeting that one of the goals of his depart- s ment is to get - is to connect this commercial area and this com- Imercial area and the only place it can be connected is along this ! Iblock so this is what we are doing here. I don't know when it i I would happen with this property - that' s not my property. Along ! in this direction I 'm open minded to doing it but I think I want to make sure I have tenants for this building before I give any I ithought to tearing down other properties . . . . MS. BROWNELL: You own the property towards the left? 11MR. PANE: Yes. We put in the driveway and loading dock here in i an effort to be in compliance with the Zoning Ordinance and I + agree if you are suggesting that that 's an undesirable break in i store fronts also but it ' s currently mandated by law but with that+ one, at least you can say there are some off-setting benefits i ! because you have a loading dock on this side, We were unable to I determine any benefit and I think there is also the possibility and I 'm certainly not representing this but it could happen at l some time in the future that there might be different access of - there is a driveway that runs along here and it we are not talk-1 I I ing right now , but it is conceivable at some point in the future that if a service route might develop there as there is now to i the rear of the stores on the Commons or maybe from some other i i location - I 'm not really saying that those things will happen i j but you can see how those are possibilities over a period of de- cades. So that I don't think this gap over here even though it I f II is larger T don't think it is necessarily - is permanent . I� I 13 - CHAIRMAN WEAVER: I 'd like to clarify one issue with you; Mr . Fane. MR. FANE: Sure. I I CHAIRMAN WEAVER: This Board is not a Planning and Development I� !� Board, we merely are administering the appeals on the existing Zoning Ordinance. The people you talked to a week or so ago are j {) the appropriate people to make recommendations for changes of zoning and that sort of thing . And I notice that the staff was i opposed to this for planning reasons - not completely clear to me . I � Our requirement is that we find practical difficulty on your part l �1 with conforming. In other words what would a five foot narrower i ! building do to your plan rather than burdening us with what ought to happen in Collegetown. We have private opinions but we , as a iBoard, are not in that part o f the cycle we are the other end of it. So if you will narro win on the proof that we need tonight to either move affirmatively or negatively we' ll be concerned with � the practical difficulties of a five foot narrower building . I SIR. FANE. Alright. The design that we are proposing and I 'm I trying to see which drawing shows it the best , let me try this done . Now this is just a view of the front of the building, it is I! not the prospective view - it doesn' t show you the roof or the sides, really. Involves a potential of seven small stores - if th� I tenant wanted a larger store we could certainly combine two or i I more of them. And itis based on the feeling that there is a mar- ket for small businesses in Collegetown - you get somebody who I i �i wants to start their own business you are not dealing primarily i I with a giant chain retailers , businesses particularly started by an individual and can be run by one person in the store . The ma- jority of the stores now in Collegetown - the vast majority are probably in the range of about six hundred to fifteen hundred square feet and I, would say that most of them aremaybe even in a I narrower range than that, maybe eight to twelve or thirteen hun- dred un dred square feet. And one of the special things that we will be i offering in this building is a highly desirable small store on I this corner and I have gotten many, many requests for small stores and stores with low rent people that want to start a bush i f ness - they don' t have a lot of inventory or maybe it 's a certain i - 14 - kind of service they operate but in order to have a store that will work as a store they must have frontage , they must have a i door, they must have a show window and the actual business they � do may be very very small - if you can - as you - (unintelligible) I i gas you can imagine - maybe like a photomat booth - I don' t think i they are more than fifty square feet. Well we find the demand is for bigger stores than that but people need two, three , four hun- dred square feet - very very popular - we have not been able to satisfy this market and it is a very important market not only for the economics of it but you have a lot of people in Collegetown who are students or who have just graduated who are not wealthy people - they would like to go into business they cannot afford to start a large business they can't afford the rents which any landlord must charge on a large store and they would like to have some way of getting started. I call these infant businesses and I I think they serve a very important role for any community and society some of them grow to be the important businesses in a community an if we don' t have the additional width that ' s where we are going to have to cut because the other stores are already at just about I the minimum width that we can reasonably design and still have i good functioning stores. We would actually like to have greater width in all the stores which in the rear part of the building if ewe get this application approved, we ' ll be able to add about ten inches to each to the width of each of the stores so that is they way the difference affects the design of this particular property. ' CHAIRMAN WEAVER: Well if my math is okay, would not a five foot narrower building make this potentially six rather than seven stores? I's that approximately correct? MR. SHARMA: We looked at many many stores both here and in Toront and in California and in New York and for small business , narrow long stores , we came to the conclusion that something around twelve feet - a little over twelve feet is a desirable store and without the extra five feet we are getting a store which is less than twelve feet wide . It would be eleven feet eight inches - wide which is not the best thing that we can offer to the tenants . So j i t - 15 - i the ten inches is very crucial for the store . If we take out one store and instead of six , have only five, then we are going some where in the area of maybe thirteen feet which - the tenant will 'I Ihave to pay the rent but without much return for it. ! MR. FANE: You see the width of the store has to have as a store function, of course there are different kinds of businesses but the customer comes in the store and then you have one arrangement of a store where you have shelves and cabinets along each wall and then the activity goes on in between it . Well there is a i ` certain - there is a minimum width that you can have if you are I going to have cabinets on both sides and have places for people Ii to walk around - people should be able to pass each other . You have other widths that stores can work - larger widths let 's see` �iyou've got stores that would be about two aisles but that is a `jdifferent kind of an establishment. Or if you have an eating esta - I Ilishment , that' s a certain requirements are - again have tables on 1� both sides of the aisle and then people walking in between. So lthese are the kinds of factors that make certain widths very ! desirable and efficient which is important because with today' s ', �I jlcost of construction and costs of land and costs of interest and ` money, you've got to be very efficient in the design and in the fuse of this space or the project just does not make economic sense ! IMS. BROWNELL: Could I ask you a quick question? I IMR. FANE: Sure . ! MS. BROWNELL: You have three doorways here on this illustration and T take it that the first two doorways are sixty feet wide on II� `! the street? What is the footage there? MR, FANE: No, I don' t think so. I had better take a look at the i (I diagram, . . IMS. BROWNELL: You don' t seem to say how wide this is here . . , . ( (Discussion took palce at Ms . Brownell ' s desk which wasn' t picked � up by the tape recorder) i SIS. BROWNELL: And this is forty-seven feet? f MR. FANE : Based on the diagonal , i i NIS. BROWNELL: Okay. Now this is three stores? Two stores - one i I i I � f 16 - jIstore here, one store here , one store here and one store here , one Ir lihere and one here . II I IMR. FANE: (not picked up by recorder) ,i MS. BROWNELL: Okay but what is the width here - this is what? MR. FANE : Well the actual width of the store (unintelligible) j around the corner . I � M i S. BROWNELL: Okay, so we are saying by this diagram that it is i about the same as these two? MR. SHARMA: (unintelligible) j MS. BROWNELL : All of these three backs are exactly the same? 3 � � MR. FANE: (unintelligible) but then you wrap around the front i so you can make a space for the small store there. But it is also I an important architectural feature . CHAIRMAN WEAVER: Are there any other questions? Alright thank I you. i MR. FANE : I think John would like to say a few things. . . . CHAIRMAN WEAVER: I ' ll call for others . . . Is there anyone else who wishes to speak in favor of this application? MR. YENGO: My name is John Yengo . I work for Mr. Fane with i i� Ithaca Renting as a commercial marketing and leasing person. I also coordinate tenants . In answer to your question, Mr. Weaver, and when people make presentations they oftentimes don"t answer �I questions. I don't think Mr. Fane or Mr. Sharma did. I want to point out specifically that originally when we came in here , which, is history, we tried to capture the lot. It is expensive real estate . We compromised when I say compromise I meant that we I i are going along with every facet of the Zoning Board' s require- ments of the twelve foot right-of-way, a ten foot side yard, not a fourteen but almost a fifteen foot back yard. We are asking an sallowance for a five foot side lot on the lower side. Where we Ii I i have the privilege by way of the Zoning Ordinance of a 750 occu- pancy of this entire space, we are only asking to use 710 of it, I It ' s important that we do carry the flor of this street. It all goes downhill and this is partially answering your question. Thi i main level foundation is on several levels:, even though it is a r � I I� - 17 - straight flor - it' s on several levels following the hill as it goes down. So in order to create this particular end we need that for continuity, okay? We need that five feet to create this third piece of elevation as the building goes down the hill I and to create a straight line at the top. In addition if we didn't use this five feet, we would have a remainder of five feet and there is a retaining wall here which, if it did encourage traffic to run through - by the way of the students or whomever, to run through this property, they could conceivably fall off this retaining wall and hurt themselves. So there is a hazard over here. Now what this does and oftentimes it depends on who is speaking - but I participate in the construction cost here. Now I in order for us to develop this edge in the proper way, it is going to cost us twelve or fifteen thousand dollars more but we are encouraging it to be accomplished because we feel it is the right way to do it. To eliminate the hazard, number one , of this drop-off and to create the level the proper level of the widths , as you described it . We are looking at these twenty-six foot sections . There are three of them to be exact. So eliminat the hazard over here - build this attractive wall and all this glass that surrounds - in other words we are going to pull our glass all the way back a little bit so there is some see-through atmosphere as people walk down the street. There is see-through here , There is a lot of glass in the front. We 've done some extensive traveling , taken some photographs of about a thousand different stores trying to create a very attractive flow and frontal atmosphere on these stores, So our attempt is ask for I approval of the use of this side lot to eliminate this dangerous situation that is created by leaving this small narrow five foot strip and we are compromising by only using about 710 of the enti e lot . That 's all I have to say. CHAIRMAN WEAVER: Any questions from the Board? Thank you. Is there anyone else who wishes to speak in favor of this appli- cation? Is there anyone who wishes to speak. in opposition? MR. SHARMA: May I say something? ii - 18 - I CHAIRMAN WEAVER: Sure come right ahead. � MR. SHARMA: Okay, since I am already here . When we started out the project - designing it without that five feet - by allowing �i the five foot side yard and we applied for the foundation permit (j and we were ready - the drawings almost ready for bid but as an 1` architect, urban designer and looking at the overall view of the i Collegetown we felt , Mr. pane and myself, both, it is rather important to hold the project and go for this five foot side yard i zoning appeal because we are totally convinced that looking at the overall development along the Dryden Road that we pointed out several times it is very important to have the continuity - there will be some gaps by coincidence I am the architect on this project and there is no gap here but I think - after leaving ' the two houses there will be an alley here or an alley here and by limiting some of the things that we can at this point so that i we eventually in ten or twenty years from now look back at Dryden Road development and see that we made the right decisions . You know, we travelled and - I don' t know in how many cities and talked to hundreds of people what they feel about retail i i j activity and the general conclusion was that it is very bad to leave very narrow alleys around retail areas . People seem to get r discouraged in the evening hours - it becomes nothing but a dirt g g g collection or a hide out for the people. If you look at the survey of the property, as John was: pointing out that if the land was flat and there was something more along this edge , one can i agree that it could be developed into some kind of a nice alley I. or walkway. But we have a very steep grade here and if we build i� the building five feet from this lot line there will be nothing i Ibut a very steep ground where the rain will wash and it will clear] ithe very hazardous conditions for people to wa.lk. by. So, in short I T am totally convinced, and that is why we are here before this j Board, the second time around, that this appeal be granted and it j will be to the benefit of the Collegetown area total design con-1 , cept . That is all . CHAIRMAN WEAVER: Is there anyone else who wishes to speak in i favor of this application? Anyone who wishes to speak in oppositi n? i I - 19 - �` I BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS ;I CITY OF ITHACA NEW YORK APRIL 4, 1983 l EXECUTIVE SESSION iAPPEAL NO. 1486 : I I The Board considered the appeal of Jason Fane for an area variance to permit construction of a merchantile building at 119-121 Dryden Road. The property is located in a B-2a use district, in which th� ( proposed use is permitted; however the appellant must obtain an I jarea variance for the listed deficiency (minimum setback for one side yard) before a building permit can be issued for the construct tion. The decision of the Board was as follows ; ` MS. BROWNELL: I move that the Board grant the area variance requested in appeal number 148.6 . i. MS. WARD: I second the motion. IVOTE: 4 Yes ; 2 No Granted IIFINDING OF FACT: I 1) There is a thirteen foot (131 ) drop on the side. The diffi- culty in change of grade between appellant ' s property and the adjacent property presents a practical difficulty. I I I I I i L' f I I i i Ii I � l I� � I I - 20 - i BOARD OF ZONING APPEALS j COMMON COUNCIL CHAMBERS I CITY OF ITHACA NEW YORK �i APRIL 4, 1983 ' SECRETARY HOARD: The final appeal to be heard tonight is appeal number 1487 : Appeal of INHS (Ithaca Neighborhood Housing Ser- vices , Inc. ) for an area variance under Section 30 .49 and Section 30. 25 ,Columns 4 , 6 , 7 , 10 , 12 , ! i 13, and 14 for deficiencies in off-street parking minimum lot size , minimum lot width, maximum lot coverage, minimum setbacks for both sideyards , an (I minimum rear yard setback to permit conversion of the existing building with four apartments and three retail establishments at 502 West State I' Street to five apartments plus two retail estab- j i lishments . The property is located in a B-2a use : district , in which the proposed uses are premitte4 li however, under Section 30 .49 the appellants must i obtain an area variance for the listed deficiencies before a building permit can be issued for the con- iversion. MR. CHALMERS: I 'm Tom Chalmers, rehab specialist with Ithaca Neig1 - I I�borhood Housing Services . We recently bought the building from i (lJoseph Cardonia. I't presently has , as you said, four apartments I land three retail spaces. The problem of the building being that it, I (completely fills the lot except for a twelve by twelve area on the . I northeast corner and therefore all the existing uses are allowed i only by grandfather rights. What we propose to do is to turn the tailor shop where Joe formerly was , into a one bedroom apartment making the building into five apartments and two retail areas . All the other apartments and retail spaces would stay the same . The ( reasons we want to do this is that 1) we are primarily in the busi ness of providing housing. There is a great demand for housing in the city. ,Toe has moved his tailor shop from the building to an R iladjacent building on the same street and in the process he has take away one apartment from rental use and so we thought we could make i i ,up that loss there. And finally the parking demand would actually f be less with an apartment than it would be with the retail store sol �we would be going from a to a less intensity- use. i CHAIRMAN WEAVER: Any questions from the Board? Tom do you have i zany control over the contractors that work on these buildings? It has been evident to me that they park on the sidewalk regularly i 'on your projects and some way this one could park somewhere . . . I regularly. I I i i� 21 - i MR. CHALMERS: Yes occasionally I guess . We have actually. . . regularly? Yes we could - that is something I could pay attention i Ito. CHAIRMAN WEAVER: Down there there is quite a bit of pedestrian tr4- iffic and otherwise they will be out in Corn Street trying to com- pete with the automobiles . MR. CHALMERS: We 've had to have a dumpster in this particular one i for awhile taking up some space. i CHAIRMAN WEAVER: There is space between the curb and the sideway i down there and I know Cascadilla Street and Green Street that them was constant . . . i MR. CHALMERS : I guess: the problem always is that they are bringing in materials and stuff and they don' t move it right away. CHAIRMAN WEAVER: And they are construction workers and they don' t walk if they aren' t forced to. Is there any other question from the Board here? Thank you. Is there anyone else who wishes to speak in favor of this application? Anyone who wishes to speak in , opposition? There being no other cases before the Board we will f now adjourn into executive session we ' ll need the hall to our selves and if you will excuse us we will be as rapid and precise a we can be. I 1 I+ I f� I � i i 1 I� i i i 22 - BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK APRIL 4 , 1983 EXECUTIVE SESSION APPEAL NO. 1487 : The Board considered the appeal of Ithaca Neighborhood Housing Services, Inc . for an area variance under Section 30 .49 and 30 . 25 , to permit conversion of the existing building with four apartments and three retail establishments at 502 West State Street to five apartments plus two retail establishments. The decision of the Board was as follows: MS. BAGNARDI : I move that the Board approve the area variance requested in appeal number 1487 .. MR. TOMLAN: I second the motion. VOTE: 6 Yes ; 0 NO. Granted FINDINGS OF FACT: 1) Would not increase any of the existing deficiencies and would I be an improvement by one on the parking requirement. 2) Would increase by one a living unit . 3) Will not affect the character of the neighborhood. I I I , BARBARA RUANE, DO CERTIFY that I took the minutes of the Board of Zoning Appeals , Common Council Chambers , City of Ithaca, New York, in the matters of Appeals numbered 1483, 1484 , 1486 and 1487 on April 4 , 1983 at City Hall , City of Ithaca New York; and 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, on the above date , and the whole thereof to the best of my ability. Barbara C . RuanVz Recording Secrery I Sworn to before me this day of t 1983 l Notary Public JEAN" J. HANKINSON NOTARY PUBLIC, STATE OF NEW YORK No. S5-tc.�3S00 QUf,t.ir'' D t^7 TCN:?KINS COUNTYh3. EXi'IR_S MARCH 30, i i I i