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HomeMy WebLinkAboutMN-BZA-1983-12-05 BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK DECEMBER S . 1983 TABLE OF CONTENTS Page APPEAL NO. 12-1-83 Herkimer Petroleum Products 1 214 North Meadow Street APPEAL NO. 12-1-83 Action of the Board 7 APPEAL NO. 1529 Gulf Oil Corporation 8 302 W. Seneca Street APPEAL NO. 1529 Action of the Board 25 ;'APPEAL NO. 1532 David Dubin and James Haenlin 26 322 North Aurora Street "APPEAL NO. 1532 Action of the Board 38 "APPEAL NO. 1533 Broome Developmental Services 39 618 North Aurora Street ,'APPEAL NO. 1533 Action of the Board 40 APPEAL NO. 1534 Hi-Speed Checkweigher, Inc . 41 605 West State Street :APPEAL NO. 1534 Action of the Board 55 ! CERTIFICATE OF RECORDING SECRETARY 56 iNOTE: APPEAL 12-2-83 Wyoming Realty Company Sign Variance Request was not heard since the Special Permit Requested was denied - therefore no reason for a sign on the property. BOARD OF ZONING APPEALS CITY OF ITHACA COMMON COUNCIL CHAMBERS DECEMBER 5, 1983 CHAIRMAN WEAVER: I 'd like to call this meeting to order. This is a formal meeting of the Board of Zoning Appeals of the City of ,; Ithaca. I ' d first like to introduce the members of the Board: Jean Cookingham Bette Bagnardi Bea Brownell Margaret Haine Michael Tomlan Charles Weaver, Chairman Thomas D. Hoard, Building Commis- , sioner $ Secretary to the Board ' Barbara Ruane, Recording Secretary ' This Board operates under the provisions of the City Charter of ' the City of Ithaca and the provisions of the Zoning Ordinance . The Board shall not be bound by the strict rules of evidence in the ' conduct of this hearing but the determination shall be founded upon sufficient legal evidence to sustain the same. The Board i requests that all participants identify themselves as to name and ; address and come forward and occupy one of these two chairs that ' will accommodate the Board and it will also accommodate our Record- ing Secretary so that your remarks will be identified and clearly ', available for recording. The conduct of the hearing is according to rules adopted by this Board at an earlier meeting and if there dare no questions I 'd like to call the first case. SECRETARY HOARD: The first case is appeal number 12-1-83 : Appeal of Herkimer Petroleum Products for a sign variance under Section 34 .8 , Paragraph A (minimum setback requirements for a free- standing sign) to permit the erection of a free- standing sign within the minimum setback require- ments, at 214 North Meadow Street (former Exxon Service Station, now SUNOCO) . The property is located in a B-4 (business) use district in which the use of the property for a gasoline service station is permitted; however the ap- plicant must obtain a variance for permission to place the sign closer to the front property , lines than permitted by the Ordinance. CHAIRMAN WEAVER: Will the person applying for this variance come forward? ; MR. MCHALE: My name is Michael McHale . I would like to, first of ' all , apologize to the ladies present because, in my haste today we ! - 2 - wrote up a little supporting letter which we addressed to "Gentle- , ` men" . Forgive us for that oversight. I don't know if anyone has had the opportunity to read it but I thought maybe if you hadn' t that you might take a second. I would like to entertain any ques- tions that you may have as to why we are applying for this variance . ., CHAIRMAN WEAVER: Just proceed with whatever you'd like to say as ,, far as your difficulties with complying with the Ordinance . IMR. MCHALE : Well I guess I will kind of lean on your shoulders ': and talk along the lines of a hardship. In thegasoline business ' we are facing competition daily in prices and in recognition by the public. This particular location is on a main thoroughfare of " which our prognosis at this time is that 700 of it is local trade, ' ,, h.owever, there is another 300 of it which is transit trade and uless we can be identified by that driving motorist , in advance, of our ' location they make a selection of another further down the line !{ because at that intersection, by the time the light has changed : they've gone by us before they realize that it is a SUNOCO station - they do have a credit card, or what have you, so they would pass :! us by. Something else which I just realized about an hour ago - I ': did sketch on the map with slotted red lines - that is the location' of our gasoline storage tanks . If we were required to move the lbase of our sign to an area within the laws of ten foot setback, a i: base is no small matter - it has to be dug to a certain depth, a large mass of concrete poured under ground so that it would support; ' a pole snad this sign in the worst of weather - I am somewhat fear-' Jul , if we are to do heavy construction I understand that we have a [, gasoline main that runs across our property part of a sewer line i - I don't know exactly where any of those are located but it isn't .iadvisable to disturb gasoline storage tanks anymore than necessary.' ' It could lead to leakage and that would mean a large expense by our company to replace gasoline tanks , which at this point in time are ' serving very well . They were, as I understand it , lined with fiber!- glass a few years back so it is not advisable to disturb them any-- ;more ny-'more than is absolutely necessary. The former EXXON sign in this location - that was hindered in view about 50% by the restaurant 3 - which is on our north side as you come down Route 13 - so people that were just approaching the interesection would be able to identify with the sign if it was to be placed at that spot. How- ever if we do have to bring it back into the ten foot setback we will be right where we are right now tonight - you will not recog- nize us unless you have gone by our place of business . With the flow of traffic there you probably won' t even turn your head to ' look for us - because you have got to look straight ahead to watch out for traffic . So it is not just Herkimer Petroleum - I 'm in- terested in gasoline volume but we do have two long-term tenants ( with us - that is Ken Murray and Don Stevens they are operating out of the service bays and unless the public is aware that they are !: there as SUNOCO station, because if someone breaks down on the road down below that location they will say go up to the SUNOCO station they can fix your radiator or flat tire or something along' that line unless people recognize in advance of the station where they - were we are, it is also going to hurt inside trade for Ken and Don. I am indicating also on the map with an asterisk, in the lower right - we do have a light pole on the property. That has been replaced, to my understanding, in the last seven or eight years on two different occasions - today it still wears battle ; scars from cars that - as you see on the heavy black borders to the right margin - those are driveway entrances or exits - but because it is so near the twodifferent entrances people are continually ; hitting that as they move back and forth from the pump area or try' to exit from the bays into the other area. So if we were forced to put it within the ten foot setback in the upper right corner of the map n I am, fearful that we are going to have vehicles collid- ing with the light pole which will no longer be in a natural bar- rier - where it is today, surrounded by curbstone and grass be- cause we also are dealing with people who - even though at the intersection of Buffalo and 13 -- where it says "no right on red" people are always trying to beat the signal and cut across our property, I 'm afraid that if that sign was to be erected at that location, which is where we would be forced to do it, because that ; E 4 - is the most visible place but again it would still be hindered by buildings on both sides of us , that we would then be involved with increased insurance liability - we would have probably incre- ased rates from our Insurance Carriers - not to say that the sign couldn' t even be knocked down off from the pole if it was hit hard ' enough. MS. HAINE: What is the distance between the corner and the first . driveway entry? ',', MR. MCHALE : The corner and the first driveway entry? I didn' t , measure it but I will approximately it is probably seven or eight feet . ; MS . BROWNELL: What is the present sign now - is that indicated here somewhere? , MR. MCHALE: Do you see the little numbered marks - do you see ,where there is a in the upper right corner there is a triangle? :!' Set back in here - about five feet off the right-of-way right now '' but to move it back . . , ;MS. BROWNELL: So you've got to move it five more feet? !MR. MCHALE : Five or six foot back, by the size of our sign we {wouldn' t - it wouldn 't be visible at all until - like I say - you ,; are right in front of the property. ;' CHAIRMAN WEAVER: In the sketch. that you supplied to us in your i ', application . . . the form of a pedestal is different than the exist- ding pole is that false work you propose to put over the existing !post? MR, MCHALE: By what pedestal? Right now there is a sign pole ; standing there - without a sign attached. And what we would have. ., CHAIRMAN WEAVER; And you propose to use that pole? 'MR. MCHALE: We would propose to use that very same pole that has ;been at that location for a good many years and just fabricate an adaptor plate between our sign and the top bolts on that mounting ,plate - just set our sign up. ,;,MS. BROWNELL; Is your sign that you wish to put on top of (unint) MR. MCHALE : No, there is nothing there has not been anything ,there for six or seven months now. ,MS. BROWNELL: Well larger than the one that was there? 5 - MR. MCHALE: No to the best of my knowledge, again, I don't have the exact specs of the former EXXON sign but in contacting a con- struction outfit that did remove it and has it in their back yard, ' . it is approximately 38 square feet - which I think is pretty close ! !' to this sign that - I 'm within one or two square foot of it . CHAIRMAN WEAVER: Well the area of sign - you are not asking for a ' .: variance as to the size of the sign? '' MR. MCHALE: No, just to familiarize Board members what we are allowed because of the building frontage at that location and be- ' fore fifty foot square - a fifty foot square sign there. We are ,' being conservative in that - I am allowed to be thirty foot in the ; air I believe we will be about eight foot short of that thirty "; foot maximum height. MR. TOMLAN: This sign is stationary or it rotates? I just wonder ' at what angle it is? MR. MCHALE ; It is a rotating pole. . . . ' MR. TOMLAN: You do have here for example, it is shown at two dif- ferent angles and you (unintelligible) MR. MCHALE: It is a rotating pole but it has been rendered inop- i! erative - we don' t propose to put a rotating sign on. I don 't know whether the laws allow that I think the laws read that you can't ' ' have rotating lights , now whether it could be - you could read be- tween the lines - but we have no intentions of that just to put , a stationary sign - and indicate the white outline there - which direction to the roadway - the former sign is an if it is at all . ! possible I would just like to angle it a little as most of my com Ipetitors have so we can catch traffic north and south, east and ! west a little bit for identity. I wasn' t directed that that was something separate to apply for but I wanted to show the former ;! position that the sign was and ask that the Board consider if we vary the angle just a slight bit . CHAIRMAN WEAVER: Well the existing pole doesn' t conform to the Ordinance if you were granted the variance to use that pole for this sign, would you find any difficulty in limiting the pole to that purpose? What I am asking is , would you not use the lower - 6 - portions of the pole to support additional signs - sale - temporary advertising - and other matters that are common? MR. MCHALE : No, it is strictly soley to support . . . CHAIRMAN WEAVER: Just as indicated in the sketch? MR. MCHALE: Yes - clear of clutter. Would that be sufficient ,i Mr. Weaver? a ; CHAIRMAN WEAVER: I 'm asking the question so that the Board might. , , MR. MCHALE: We don't want to have a gypsy looking outfit. We want ., to keep it solely to support the sign. !', CHAIRMAN WEAVER: Are there any other questions from the Board? '! Thank you. Is there anyone else wishing to speak in support of :! this application? Anyone who wishes to speak in opposition to this 'i ;; application? Thank you. 'i ' 7 - i BOARD OF ZONING APPEALS CITY OF ITHACA NEW YORK BOARD OF ZONING APPEALS DECEMBER 51 1983 ACTION OF THE BOARD APPEAL NO. 12-1-83: The Board considered the appeal of Herkimer Petroleum Products for a sign variance under Section 34 . 8 , Paragraph A to permit the erection of a free=standing sign within the minimum setback re- quirements at 214 North Meadow Street. The decision of the Board was as follows : MS. HAINE: I move that the Board grant the sign variance requeste4 in appeal number 12-1-83 with the following provisions ; A) That no additional signage be added to that pole or to the area directly around it in the interest of sign clutter, visual clutter and in the interest ; of safety. B) That the sign not exceed the size shown on the sketch supplied by the applicant as part of the appeal. :; MR. TOMLAN: I second the motion. ' FINDINGS OF FACT: il) There is a building directly north of this property that does seriously obstruct the motorist ' s view of the property and placing the sign at the required location would put it out of sight of motorists traveling on that highway at the usual rate ! of speed. , 2) This sign is in keeping with the neighborhood and will not be detrimental to the neighborhood. VOTE : 6 Yes ; 0 NO Granted w/conditions k 8 - BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK DECEMBER 5 , 1983 SECRETARY HOARD: The next case is appeal number 12-2-83 : Appeal of Wyoming Realty Company for a sign variance under Section 34 . 5-B-1 (sign regula- tions in residential zones) to permit the erec- tion of a free-standing sign larger than the maximum permitted in a residential zone at 302 West Seneca Street (former Gulf Self-Ser- vice Station; proposed for convenience store) . ; The property is located in an R-3b (residen- tial) use district, and the appellant is applying for a special permit for the proposed , use. The appellant must also obtain a sign variance for the proposed sign before a sign permit can be issued. !; SECRETARY HOARD: Maybe we should do this part first . . . ! CHAIRMAN WEAVER: Rather than the sign? Jack, it would seem to me , that arguing about the sign would not necessarily be a constructive , exercise until we listen to the appeal on the variance on the use '', of the property. t', MR. WARD: I agree. CHAIRMAN WEAVER: We will take that testimony and talk about that '.; variance without reference to the sign variance, have our delibera-% tion - come out with a result there and then hear the sign request . Is that satisfactory? !MR. WARD. Yes. ; SECRETARY HOARD: The next appeal is appeal number 1529: Appeal of Gulf Oil Corporation for a Special Permit under Section 30. 26, Paragraph C , (re- quirements for uses requiring special permits) and an area variance under Section 30 . 25 , Column 11 (minimum required front yard setback) ,; to permit the construction of an addition to the existing building at 302 W. Seneca Street and to permit the use of the former Gulf gaso- line station at that location for a convenience store in addition to a self-service gasoline station. The property is located in an R-3b (residential , multiple dwelling) use district where the proposed use as a convenience store is permitted only under a special permit issued by the Board of Zoning Appeals . The existing gasoline station was permitted under a use vari-! ance (#562) issued in 1962 ; a gasoline station is not otherwise permitted in a residential usel district . The appellant must obtain a variance for the front yard setback before a building permit can be issued for the addition, and show , that all the conditions for a special permit will be met before the Board can issue a speciate permit for the proposed use . This appeal was held over from the November meeting at the re- quest of the appellant. 9 - MR. WARD: I am John Ward, I am an attorney, I have an office here in Ithaca. To my right is Peter Cirba, of Cirba Realty, who is the listing Realtor for this property, second to my right is Kevin ' Fox, who is from Sugar Creek Stores which is the store that we ' would like to propose for this location. Dealing with number three '; first , having to do with a special permit and a variance which in- ! ' volves an addition - in essence we have Gulf Oil Company, the owner ? of the property and we are appearing for them pursuant to the per ;;mission signed by an Officer of Gulf Oil . There is a purchase ,, offer. Wyoming Realty which would like to open a Sugar Creek Store., +' i.s offering to purchase this property. One of the conditions is that their request here at the Board of Zoning Appeals be granted ibefore the purchase would be effective . If it is not then the ,property will remain as is owned by Gulf Oil. Part of the request !. :,has to do with the setback. - if you are familiar with this Gulf ' Station, there is a canopy, I am going to pass some pictures around ;they are intended in part to show you the canopy out in front of Lithe building. The canopy itself comes too close to the Seneca ,'Street line . That ' s the setback that we are in violation of, not for the building itself. We would like to add an addition to this building. The addition will not come close enough to the Albany `'Street boundary so that there will be a violation of the setback ; requirement. These pictures are also being passed around to show ;;you the condition that this property is in right now. If you have Thad the occasion to drive down Seneca Street you will notice that ,,the service station which has been closed for nearly a year is be- icoming a parking lot for a number of the tenants in the area, or for others who have a need to find an off-street parking place. Those pictures will show you that these were taken within the last several weeks and right now, as of this time , there are a number of', ,,cars parked there just as a place of convenience. I think probably' 'th.e best thing for me to do is to ask Peter to describe briefly his ,dealings as a Realtor - his dealings with Gulf Oil because this is a hardship case from the standpoint of the variance for a special permit and that Gulf has been unable to sell this property - it has - 10 - been on the market through Gulf Oil since they closed their station in January and Mr. Cirba, from Binghamton, has been a listing broker since I believe July or August. This is the only offer than he has had. I 'd rather have him tell you that so Peter if you would describe that end of it for the Board. ,! MR. CIRBA: I 'm Peter Cirba, I 'm a Real Estate broker in Bingham- iton, with our office on Main Street in Johnson City. Now the , property has been vacant since January 83 . Gulf had a man in this ! ; region and he has been pulled out, for reasons they explained to me , as unprofitability and they have pulled all of their personnel ' , out including people that were salaried people (unintell) a number of facilities . We were contacted in August as a result of having ;! involvement in the Binghamton Gulf station. The station down there ; has been vacant for a couple of years and it got serious in that .. residents were calling the City of Binghamton Code Enforcement De , partment - anybody they could call that would listen about cars " being left there, not only is the parking lot but it is an area similar to this - it ' s a main street , it is busy - you have mobile ' homes , residential around it - people were abandoning cars there - there is one sitting there now with a front fender missing so it was becoming an eyesore - it became an eyesore it still is an eyesore. So they asked us to work on several other stations for ' them. This purchase offer on the property here is the only pur chase offer on the property and there isn' t anybody else back in ' th.e wings - if this one doesn' t work we ' ll take up where we left ' off it is the only game in town if you want to use that expres- sion. I can just say personally that the one in Binghamton is an eyesore and it just doesn' t get any better. (unintelligible) Gulf Oil is in New Jersey - miles away - they are understaffed - they can' t do what we would like for them to do in the way of changing the situation. I guess that is it R this is the only proposal and the only people to come up and say we 'll buy it and we' ll do some- thing - we think kind of nice for the place, (CHAIRMAN WEAVER: As a broker would you have access to any informa ;tion that would indicate that they would, in fact, suffer if they didn' t sell this at market? Have they not depreciated it thorough; ly before they abandoned it? MR. CIRBA: I don't have access to their personal dollars and cents, profit statement - other than I know they haven' t anyone full time up here looking after a number of these facilities - they decided to lay him off or move him someplace else and to hire real estate brokers . And of course we only get paid if the property sells so that cuts their overhead right there not supporting a man on the road. And they've told me numerous times that this is not a profit- , able area for them - that is why they pulled out - so that 's - all I know is what they tell me, and what I can see myself. !MR. WARD: In further ,support of our request, we would like to, as , J previously mentioned, put an addition on the building. I have a : .:number of pictures here - while the sign is shown in some of them I 'm not presenting them for that purpose - I want to show the Board ;Ah_e type of store that Sugar Creek operates . They have thirty-two :! locations in western and southern New York and these pictures were ' taken at a number of locations in the Elmira - Horseheads area. `'This is a local business in the sense that they are local to New '''York State, This home office is in Rochester. I am going to have ;:Kevin Fox speak briefly on the mix of the store, how it is going Ito operate . One of the things that Tom mentioned having to do with 'compliance with the Ordinance for a special permit -- (unintell)' ;plans that you have I turned into Mr. Hoard' s office, nineteen ;signed statements from owners of surrounding property indicating 'that they do not object to this property being modified and becom- Jng a convenient food store and continuing as a service station. If you notice from the plans - the service station operation will be curtailed slightly from the way Gulf had it in that the pump is lands on the Albany Street side will be removed. The addition is ;'going on in that direction - parking will be partly in that area as !well as the ability to drive around the building, Kevin Fox is from Sugar Creek and he can further amplify how the store will be run. ,MR. FOX: Yes. My name is Kevin Fox and I live at 5 Colony Circle ,' 12 - , Fairport, New York and I am the Director of the Retail Division of Sugar Creek Stores , Inc. My portion of the presentation tonight is to basically identify the need in the neighborhood for our type of an operation. Basically our need is established on a two-fold typo of basis . First of all the gas operation, the twenty-four hour ,, gas operation which is not available on that particular route west bound in the City and also the type of full line service convenience store that we do offer our consumers . As Mr. Ward has mentioned we ' do have thirty-two other locations in New York State approximate, ( ly in the areas of Rochester, New York, Batavia , Bergen, coming down through the Southern Tier to Elmira market place, Corning and Horse- . h-eads . We pride outselves as far as what we call a full line con venience store operation which is unavailable in the neighborhood at this particular time. We have an extensive line of grocery de- partment products which. we offer to our customers of approximately . over 1, 500 different items ranging from the basic food products that , can be found in the larger super market operation as well as the non- :% food paper, soap products , etc. that are essential to the consumer . ' We also have a complete line of health and beauty aids -- a general merchandise product, dairy and frozen food, beverage and snacks , ; fast food operation, fresh produce and also a fresh bakery depart- ment. So we feel that our particular type of operation is inclusive ' of all the items that a consumer will demand on a daily basis . As I mentioned, this is a much more extensive line than what is cur rently offered in the neighborhood at this point. Some of the ' pictures that are being circulated for your review are to show , you what type of a operation we have in some of our other locations !' in New York State from an exterior and an interior point of view. :, We have submitted plans that will basically allow us to present our :! store operation in approximately 2 , 000 square feet. We feel that this will be sufficient for the neighborhood as far as meeting the ! needs of that particular area. We do have as part of our company program a theme which we advertise and market on a weekly basis "everything you need seven days a week". That is our advertising ; slogan and we feel that with the presentation, i£ we are so allowed - 13 - , to , through our proposal , that we certainly can do the community al service at this particular site. As far as the specifics of the . remodelling at the particular location, we will be on the east por-f tion of the current building, putting on a twenty-six foot addition; to allow us to expand to the 2 , 000 square feet. As far as ample parking, etc. , what we had proposed to do is to eliminate the en- ! trance-exit on the North Albany Street side so that we can provide for more parking for our consumers and allowing ourselves approxi ,mately thirteen parking spots at this location. We will , as Mr. Ward mentioned, eliminate the side gas operation - specifically leaving the two islands out front which will be able to service :some eight additional cars at the same time period out in the front ,,area . As far as the exterior remodelling - again what we plan on '!doing is to completely renovate the exterior the brick type of a ,set up that we have in our other locations will actually be affixed Ito the face of the buildings so that we will not have an offensive , type of a site as what exists there today. What we will do is to :,use our company color scheme using the motif of the red brick on three of the sides and basically renovating the back side so it will not appear as it does today. Also using the color scheme of basic- ,ally interior and exterior where we will have the red-orange and earth tone as far as the exterior color is concerned. That is ,basically all that I have. ;IMR. WARD: In addition, in support of our request I contacted some ;residents of Cayuga Apartments I think most of you are familiar iwith. Cayuga Apartments and the number of residents there are by and large over sixty-five. I was advised by one of the residents , Mrs .' Hollowell , whom I had a long talk with. - that it is very difficult ;for a person in her position to go to the store and buy items that she may run out of. There is no convenient store that is nearby that specifically provides the number of items that she might wish, ,!Frozen food is the item that she mentioned to me . Sometimes produce run out of lettuce or whatever. There area number of stores where you can get soda, beer, and bread but not where you can get an extensive line of products . I asked her if she would appear - 14 - tonight and she said, "I 'm sorry, Mr. Ward, I don' t go out after dark" , so what I 've done - hopefully is the next best thing - I 've '. .. had a letter, which has been signed by four different tenants in Cayuga Apartments in support of our application. Granted they are , slightly outside of the 200 foot radius but they are in favor of our application because it provides them with something that they ! don' t have in that area. That is a mini-grocery store where they ican go during the day within easy walking distance where they can ; take and build and supplement food needs that they have . To the best of my knowledge Super Duper would be the nearest grocery store,, `:.that would have a full line of items beyond the snack foods : beer, !soda, milk and fast foods . So I don' t know what the procedure is on that I guess I ' ll just hand it to Mike and they will go, in turn;, ;into the file with the other nineteen statements which . . . . and 'with reference to the request for a variance for a special permit 'I think that' s basically our presentation. ' CHAIRMAN WEAVER: Can you give me the numbers on those property ! owners that you were required to contact and how many were - you '!received who responded either you or the . . . , MR. WARD: There were thirty-two properties that we sent notices !to . I have received back nineteen statements that they did not ,i object. The Board of Education and Planned Parenthood are both ,;in that area - their groups , I presume, just don' t take a position being public entities of sorts. ,;CHAIRMAN WEAVER: But you did get responses from nineteen? ,SIR. WARD: I did and I have turned those nineteen in. I had a tele, phone conversation with one other individual who indicated that he was favorable to our request - that he would send in the application. It didn' t come in this morning ' s mail - I talked to his wife and ,�er comment was that "he has it in his pocket and will drop it at your office" - unfortunately that is not in. I have received no telephone calls from anyone or any written correspondence of anyone who is against our proposal . CHAIRMAN WEAVER: Let ' s get out of the numbers game here first ;Peggy, and then we ' ll have any questions . MR. WARD: I could read the names of those who have sent . . . CHAIRMAN WEAVER: That ' s alright, as long as we have a record - I want to make sure during this procedure that we clearly identify the inquiries and responses. SECRETARY HOARD: Mr . Ledger owns four properties . . . nineteen out ,of thirty-two - some were multiples . . . ,;MR. WARD: He owns two and a corporation bearing his name on it. T don' t represent him so I have no idea if there are any . . . ';CHAIRMAN WEAVER: There is no problem with that it is property owners . If you got in the right part of the country, Gulf Oil would j'be your only neighbor. Alright. Question Peggy? ;IMS . HAINE: I have a couple of questions and a couple of comments . !;When the Gulf Station went in there years ago , three or four years ,ago? fi ''SMR. WARD: I think it was more than that. iSECRETARY HOARD: They've been there longer than that. IMR. HAI'NE: Okay. T guess I was on the Board. . . ' SECRETARY HOARD: They came in for a sign variance. ','MS. HAINE: Okay, then I was then working for the Planning Board. !Th_ey came before the Board with some very haza pictures and then the :;variance was granted . . . and nobody knew that what would go up there was probably the ugliest structure on a well travelled thoroughfare ,.and the people of Ithaca have had to live with that orange building', , and those ugly plastic trees for many years , And I would be very reluctant to grant a permit or a variance for that property without', seeing exactly what is going in there, That is one thing, SIR. WARD: That is what we have tried to do the pians show what we intend to put there and the pictures . . . ISIS . HAINE: Those are the blueprints . . . IMR, WARD: Those are the blueprints - they leave something to be idesired from a color standpoint but that is why we circulated a pumber of pictures of showing what the other thirty-two locations ;look like . That is what this location will look like , iMS. HAINE: Okay, and I 've seen the Sugar Creek store in Elmira ':'which looks very nice but it doesn' t tell me what it is going to 16 - look like here. 'MR. WARD: Well there are a number of pictures . . . 'MR. FOX: The basic color scheme would be the same as what we are circulating with the red brick and . . . ',,MS. HAINE: The Sugar Creek Store that I have seen is on a large ,lot where they impacted the store (unintelligible) on a 'busy cramped street (unintelligible) that are not ;',available in other all night stores . . . !MR. FOX: In the neighborhood yes . . . IMS. HAINE: And I don't see anything in these photographs that would indicate that there is anything different that you would sell that all of the other twenty-four hour . . . MR. FOX: Well in that neighborhood there is a very limited conven "!fence store operation - more of a fast food operation, whereas our „type of setup , naturally, we have much more - we have over 1,500 !different grocery type items which are exemplified in those pictures .'where you have aisle and aisle of different regular grocery products '.that are not found in that particular neighborhood. MS. HAINE: The place on the Commons - Center Cut which is three blocks away from there has a much wider selection than that. I am wondering , for your own benefit whether there is anything that we can tell you that I have just really serious reservations just jbecause the City has been burned before on this property. MR. WARD: That is why we have tried to come in with detailed plans;, ;;not only architectural drawings but pictures showing other locations . This is not a one-shot operation. i.MS. HAINE: I know that - I know it is a good operation, there is !!no doubt about that. MR. WARD: We have an eyesore at that corner and it is going to stay ;that way until someone comes along , buys it, and fixes it up. We feel that we are willing to come in and show you what we' ll do ;with it. Thse are the pictures and the drawings to hold us account' able for what we are requesting. So that Mr. Hoard' s office will know !what the variance is granted what are we granted for. And you will be able to enforce that if, in fact, we don' t comply with the 17 - . variance that may be granted. There are a number of locations in that area that don' t have appropriate variances for what they have - they don' t . . . MS. BROWNELL: Supply and demand is a very important factor. ;What makes it believeable that you can supply double what across the street is supplying and both of you have a good business since ' ;the Short Stop is right across the street? 'IMR. WARD: First off this is a dual operation with the gasoline (station. If you come in on route 96 , down Aurora Street or route !79 , off of State Street and if you know enough about Ithaca and .',want to continue through on either of those two routes , either ;fright straight down Seneca Street , cross the tracks , cross the ilinlet and out of town you don't pass a gas station on that route.. :JThe only other station is the station that is almost across the ';street and they are not open twenty-four hours a day and they have Lia repair wok station that ' s a good part of what their business is . This is strictly self-service gas twenty-four hours a day, ?for motorists that are going through town. It will be the only ';station on those two routes westbound that is available , If you 'hit Meadow Street, turn the corner, yes , you can find other station! . .MS. BROWNELL : And you think itis your gas station that is going to lead people to your place rather than .the Short Stop? N, R. WARD: It' s a combination of both. Not having been in the 'ti Short Stop I can't quote how many types of items they have, I jwould estimate approximately 500 items are being sold - ,this is ; three times that many. There is some produce which I don't believe ' Js sold there, there is a much larger line of health_ and beauty aid$ . :$SIS. BROWNELL: Your frozen foods here the only thing it shows in �:'the way of frozen food is TV dinners and the rest of it is ice ream and things that . � . 'MR. FOX: There is other products available in the store - there is ' !frozen juices and so forth_ - this is a selected line . . , �S. BROWNELL : We are talking about - you said frozen vegetables that Ith_e ladies would like - they are not even in here - the only thing That shows in here is a tiny . . , NR. FOX: But we are limited as far as what we can actually take 18 - ;;pictures of - but as far as the products - selection for each store + that would include those type of items . MR. WARD: Those small pictures were designed to show you what the locations in other parts of the State look like and what you could reasonably expect to find on that corner if Sugar Creek is able to ;'open at that location. !MS . BROWNELL : (unintelligible) that ' s why I brought it up. JMR. WARD: (unintell .) provided for both. We didn' t have pictures ;taken of each and every aisle in detail so you could check out the 'i ;'brand names and items. There is a limit as to how many pictures we' `thought you might look at. ;SIS. BAGNARDI : With regard to the gasoline operation. Do you ;intend to use a microphone system or any sort of a loud-speaking ,,system in the evening - late at night? MR. FOX: Yes . IMS. BAGNARDI : You do? ;SIR. FOX: Yes we do . IS . BAGNARDI : So someone will be sitting in the grocery store com- 'i plea or in Sugar Creek and talk to the person obtaining gas? ;SIR. FOX: Yes . Right. ;SIS. BAGNARDI : Do you use that in all of your operations? i R. FOX: In 750 of them, yes iS. BAGNARDI : And what about the proximity of your other stores to ' :4 neighborhood situation where there are homes close by as in this articular area? MR. FOX: We have many of our locations up in the Rochester, New Fork area where we are clustered right in the neighborhood such as phis . �S. BAGNARDI ; Do you ever receive any complaints from any of these i neighbors? �R. FOX: No . No , we 've been able to work very well within the communities that we have gone into , Most of our locations are ?twenty-four hour - we do have approximately six out of the thirty- �wo that are not but as far as even the twenty-four hour operation We've been able to work with the community very well as 'far as any problems. 19 - CHAIRMAN WEAVER: Any further questions? !MS . HAINE: How difficult would it be for you to furnish us with a !drawing of what that location would look like? !MR. WARD: I believe it may be a part of this . ! MS. BROWNELL: It is a one-story building . ;CHAIRMAN WEAVER: You've got another date . . . : MS. HAINE: I didn' t mean that, I mean something that would show us essentially what that would look like . AS. BAGNARDI : They are all standard stores aren't they? jMR. FOX: It would be a combination of these larger pictures here ,as far as the front brick is concerned. IMS. BROWNELL: It is a one--story building that we are 'talking about? 1MR. FOX: That is correct. It would have the color scheme of the ;red brick with the brown accent . . . 'IMS. BROWNELL: Do you plan on having any kind of shrubbery or any- Ithing like that? IMR. FOX: Yes we do . . . basically the format that we have on the ;!other ones we have planters with- fresh shrubbery in each one of !those. ,SMS. BROWNELL: On the Seneca Street corner so . . . ';CHAIRMAN WEAVER: I 'm not sure the neighborhood can stand the de- parture after all of these years. Are there any further questions °from the Board? Thank you. Ts there anyone else who wishes to speak in support of this appeal? Is there anyone who wishes to ;';speak in opposition to this application? ; MR. SLADISH: I am John Sladish, 207 N. Albany Street, plus 205 . I have a petition here signed by my immediate neighbors , across the ;';street on Seneca and Beverly is here with me from down Seneca, Mrs . (Burchard next door to the Gas Station and other people in the block i',are against it . And I have another petition here signed by the other ipeople in the neighborhood who are against it. '!CHAIRMAN WEAVER: And are the addresses ,SIR. SLADISH: These people here received that notice through the !mail or whatever. These people here are just people who live in E the neighborhood. 20 - CHAIRMAN WEAVER: Beyond that . . . MR. SLADISH: No , these are people who live right in the immediate area . CHAIRMAN WEAVER: Oh they are residents in the area? MR. SLADISH: In the immediate area - a block away or something ;!like that. (CHAIRMAN WEAVER: Is the address after the names on the second ;;petition? 'MR. SLADISH: Yes sir . ;(CHAIRMAN WEAVER: Thank you. Is there anything else that you want pto say to the Board? ;'MR. SLADISH: Do I? i 1CHAIRMAN WEAVER: Anything further that you wish to say to the !Board? MR. SLADISH: All night gas stations - if you've ever lived next Iddoor to all night gas stations, you ain't going to get any sleep. 'I !There is all kinds of noise all kinds of drunks and everything Felse. I don' t care for it - I would like to see it disapproved. :;CHAIRMAN WEAVER: Thank you. !MS. EVERTS: I 'm Beverly Everts , I live at 305 E. Falls Street I ;own the two residents to the west, right next door to the gas sta- tion and I won' t deny that I have been right down the middle of the! !road as far as this is concerned for the simple reason that I would' ;';like to see the property improved something done with it . I also :,have a nine foot variance which gains me access to my parking lots or right-of-way in the back of my places but as I look at the situation and continue to see I don't see where an additional food ;line will help. I mean R granted, maybe they will provide more in the way of foods - produce, and things like that - to the area but the all night gas station is beyond me . For one thing , any car coming from the east toward the west, driving into the gas station ;would provide beautiful illumination into the bedrooms of the house! Pext door which I own, and it would be a very uncomfortable situa- tion for my tenants and as he pointed out it does bring a few ;;unsavory - and then it was just brought out that the credit card 21 - situation or the credit/cash situation would be a verbal type situ ation where I can' t deny - it would probably be an all night situa 'tion where people would be - cash or credit? all night long and I 've ,,got some good tenants - they've been there - and I hope they will ;stay. So right now I say - since I was down the middle - I 'm going', to have to go to the out post . I just can't see it . I think if it ,,was a twelve hour situation, maybe - but not with that . ; CHAIRMAN WEAVER: And you sir? NR. SMITH: My name is Albert Smith, owner of the property at 204 .West Seneca Street , I 'm also the owner and operator of the Short !Stop at that location, sometimes referred tows the "other" store . I cannot tell you exactly how many items I carry at the Short Stop, whether it is 500 or 900, or whatever, we have tried to be sensitive Ito the requests and needs of the neighborhood over the last five and done-half years - to add items that they requested to cover their needs . My reasons for being here are most definitely self-serving. '.'My request to this Board is that this request be denied on the basis that there is no need there . ;CHAIRMAN WEAVER: Alright. Thank you. Questions from the Board? I I !!Thank you very much. Is there anyone else who wishes to speak in opposition to this application? We have a letter that will be iiread into the record. ':!SECRETARY HOARD: This is to the Board of Zoning Appeals and it is from R. W. Andree Petroleum, Inc . Foot of 3rd Street , Box 641 , ;Ithaca, New York. "Board of Zoning Appeals , % Building Commissioner, 108 E. Green Street, Ithaca, N.Y. 14850 We wish toadvise the Board ;of Zoning Appeals that Andree Petroleum will be purchasing the block ;long property at 201 W. Seneca Street before the end of 1983. This ;property - consisting of an office and 3 bays has been run as a „gasoline and repair station for over 20 years . It is zoned commer cially and one of our options is to convert it into a Convenience Store with Gasoline. Since you are now concerned with a former Self ;Serve Gulf gas station being changed to a Convenience Store addition ,and Gas Station we thought it appropriate to point out that this ,could result in 3 convenience food stores and 2 gas stations on 3 out of 4 corners on a one-way street. We thought you'd like to havie 22 - this information as an aid in making your decision on this subject ' showing a Need. Sincerely, /s/ Robert W. Andree Chairman of the Board" ,: CHAIRMAN WEAVER: Is there anyone else who wishes to speak in op- ': position to this application? Now Mr. Ward is asking for an oppor- tunity to be heard again and it is incumbent upon me as Chairman :;, to make certain that we have a fair hearing for all parties . I 'd ' like to make sure that each of you, whtether you are in support of, ' or in opposition to this application confine your additional remarks to any new information that would be useful to the Board in making , ' its determination. Alright, now John. :MR. WARD: Just briefly I would like to respond to several comments ° that have been made. One - I ' ll go in reverse order, Mr . Andree ' s : 'request that is a location that is currently in operation - it is 'i ;a tax paying operation, it is not a unsightly location and if they ;want to make a change, it is a change from a going concern to another going concern. Our request is from a station that has been closed ;for nearly a year, fallen into disrepair to put it back into the "viable market. Not only would the assessed valuation go up for ,ttax purposes , it would provide employment for people within the community as well as an additional sales tax base, Mrs . Everts , who is here and spoke briefly about owning a property to the west , I discussed this with her and I am sure she would - and I hope she :will make some comment - came and commented to me with. concern about Ther right-of-way to her parking that she spoke of being fenced off Wand we had assured her that it would not be . An option that we would have would be to take and put a fence that would block th.e headlights from shining onto her property - h.er original concern .,voiced to me was that she didn' t want a fence however that is cer;- tainly an option that we would be willing to consider in deference to her property it should be pointed out that that property has ;been there- occupied by tenants - while there was a working gas station - we are not really modifying that from what it was nearly is year ago. Finally, yes there is the Short Stop that has an oper- ation. We are coming forward with plans and pictures to show you 23 - what we want to do if we get beyond this first stage, we will of course talk about the signs that we would like to have erected. We are aware that this location requires variances for what we wish to do - sign variances are one of them. We wish to have the ;' operation to be in full compliance with the law - I was advised itoday by Mr. Hoard' s office that there are certain other businesses and mainly the grocery business across the stree that doesn' t have a variance for the signs . Now we want to come in with clean hands ,,and say this is what we want to do, we would like to have approval 'and we are willing to show you everything we can think of that would 'be helpful in making the decision and we would be available to Mr. ;Hoard' s office in the future to make sure that we comply with what we've been given. I make these comments in rebuttal to the state merits that were made. Thank you. CHAIRMAN WEAVER: Is there anyone else who wishes to be heard? VOICE IN THE AUDIENCE: What type of variance do you need . . . CHAIRMAN WEAVER: You can' t sit there and ad lib you can either come up front MR. TURK: My name is Mr. Turk and I run a convenience store up on (College Avenue . . . CHAIRMAN WEAVER: What is your interest in this particular . . . 'MR. TURK: I 'm just curious . What kind of variance would you need for downtown that changes this? CHAIRMAN WEAVER; Let me explain myself. We have an application for ,a special permit or for a variance from the Zoning Ordinance . We are obliged to have a public hearing as this is duly constituting. However because we aren' t having a town meeting, we limit the testi!- 'mony to those persons who are property owners or tenants of proper- ty that are within 200 ' of the property under discussion. And if you were not given a written notice that this appeal was to be .heard, you would not be one of those interested parties under the .iterms of the Ordinance and our rules adopted by this Board restrict; those persons to be heard, to those who had are "interested per sons" and it is my obligation to limit it to those so although I understand your general interest . . . 24 - ;MR. TURK: I also have a piece of property downtown - I thought it ivas close enough - I wasn't sure . . . '!CHAIRMAN WEAVER: Well if you weren' t given a written notice , you aren' t close enough. Alright? I 'm sorry. Is there anyone else 'who wishes to be heard? !MS . EVERTS : In a way I feel a little bit - I 'm still in the middle; sof the road. I will say, I appreciate Mr . Ward' s offer of the fence 'okay? Because my main concern was the right-of-way but now that I 'hear the situation, that' s not going to stop the noise from this ,,situation of cars coming and going - I mean I won't deny that even in the past when the gas station was there previously and in use, w .have had the house driven into and I mean that is kind of a harrowrl Ing situation also - I mean, granted, something has got to be done with what is there now, even though it is a gas station and it may always be a gas station if it comes back into service but it is ;just I just don' t know - I just can't explain it - as I told Mr. :Ward and I 've talked with all of the gentlemen- - I've talked to the! President even, because that' have all called me but it is just - it; doesn' t seem feasible tome, SIS. BRQWNELL: Can I ask you a question? What time was the latest °that you remember the gas station being open? MS, EVERTS : To my knowledge, and not having lived on the premises } :+next door - my son did live in a house - 306 is the house directly text door 308-310 is the house beyond that okay, my son lived in 308-310 for a summer. Now it wasn' t open, to my knowledge, be gond 9; 00 o 'clock in the evening and then of course the place did o into disrepair even though it was open and it was even to the point where at times you couldn't even rely upon it being open be pause he didn' t have any employees he didn't pay anybody. CHAIRMAN WEAVER: Thank you. Is there anyone else who wishes to be heard on this matter? (Ao one) 25 - BOARD OF ZONING APPEALS CITY OF ITHACA NEW YORK COMMON COUNCIL CHAMBERS DECEMBER 5 , 1983 ACTION OF THE BOARD ;APPEAL NO. 1529 : The Board considered the appeal of Gulf Oil Corporation for a Spe- :'cial Permit and an area variance to permit the construction of an Addition to the existing building at 302 W. Seneca Street and to ;;permit the use of the former Gulf gasoline station at that location'. for a convenience store in addition to a self-service gasoline ;station. The decision of the Board was as follows : 'MR. TOMLAN: I move that the Board deny the request for a Special Permit and an area variance to permit the construction of an addition to the existing,' ,i building at 302 W. Seneca Street MS. HAINE: I second the motion. FINDINGS OF FACT: fl) The Board feels that the character of the neighborhood would be, adversely affected by the increased traffic in the neighborhood. 2) It would also adversely affect the character of the neighborhood with increased density. 113) There was substantial opposition on the part of the neighbors and it was indicated that they felt the conversion would be i harmful to the neighborhood !NOTE: 6 Yes ; 0 No Denied i 26 - BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK DECEMBER 5, 1983 SECRETARY HOARD: The next appeal is appeal number 1532 : Appeal of David Dubin and James Haenlin for an area variance under Section 30 . 25 , Columns 4, 6, 7 , 10 , 11 , 13 , and 14 (minimum requirements for off--street parking, lot size and lot width,', maximum permitted lot coverage, and minimum requirements for front yard, side yard, and rear yard setbacks) to permit the continued use' of the second floor of the building at 322 North Aurora Street for additional office space . The second floor was formerly an apartment, and had, been converted to offices without prior approval . The property is located in a B-la (business- offices) use district where the office use is permitted; however the applicant must obtain an area variance for the listed deficiencies before a Certificate of Occupancy can be issued for the building. !MR. GERSH: Mr. Chairman, Ladies and Gentlemen of the Board, my name ! is David Gersh. I appear tonight with James Haenlin and David , Dubin who are the owners of the property at 322 N. Aurora Street . They are requesting an area variance to continue an existing use - ' this is not a request for something new but rather permission to continue something that has existed at this site for at least the " last two years . I feel that by giving you a little bit of the back ,ground of why we find ourselves in this present predicament may ':help to demonstrate that we do have practical difficulty and special conditions which the Zoning board requires that we demon- strate to its satisfaction. These gentlemen conduct a Marketing .' Research and Consulting firm and purchased the building in October 1980 for that purpose . At the time of their purchase the building ;was in a highly visible corner of Court and Aurora Streets - the interior was no better. When the last tenant, the American Cancer ; Society left the location for nicer accommodations at a different location, the ground floor stood empty for about a year and one- . half until finally the building was sold. When Dave and Jim bought .! the building it had offices on the first floor and a one-bedroom '; apartment on the second floor. This one-bedroom apartment was in '; keeping with the rest of the building , in very poor state of re ' pair. At the very least it needed a new kitchen, a new bathroom , and substantial renovations . Instead of putting all of that money 27 - into re-doing the apartment , David and Jim decided that it would ':make better sense to turn it inot offices which would be not only , useful for their business purposes but in keeping with the office- . business district within which this property was located. It is ,in a B-la district which is business-offices . To undertake the iwork they found a contractor who represented himself as being very '; ;familiar with city codes - able to work closely with the Building ;Commissioner ' s office and they hired this contractor for those reasons , among others , and instructed him specifically to make cer i it tain that full compliance was (unintell . ) codes and regulations ,,and they put those instructions in the contract that they had with ;;this contractor, using this language . The contractor agreedto se- cure all certificates required for the project and arrange for all ,;inspections necessary to satisfy code requirements . Jim and David ;!relied on the contractor 's assurances - relied on the written icontract that they had with him that everything that had to be done' ; relative to the Building Commissioner ' s office would, in fact, be Idone. We have since learned that that was not the case . I have ;been informed by Mr. Hoard, just a month ago , that what apparently !'happened was that the contractor misrepresented the cost and scope of the work to the Building Commissioner' s office when he applied for building permits . I am told that the regulations of the Depart- i; ment provide that if the work will cost over $10 ,000 . full drawings' are required. The actual cost of the job - the contract that we had 'with this man - was some $17 , 000 . Clearly drawings would have been: , required. According to Mr. Hoard, he advised the Building Commis- .,i sioner that the job was costing $9 ,660 . As a consequence drawings ,were not asked of him - the Building Commissioner 's office believed: ,;that renovations were being done - and a building permit was issued!. Dave and ,Tim saw the building permit posted prominently - they saw is plumbing permit obtained and posted and the plubming permit was !;required because we were taking out the kitchen and the bathroom in, ';order to put in offices . They saw an inspector from the Building ;Commissioner ' s office come to the site at least three times over !the course of the two months that the work continued - in other - 28 - words this was a very prolonged construction project taking at least two months - it wasn' t a one or two day job and they saw the instpector come to the site, in fact at one point the inspec- tor insisted that some work be redone because he wasn't satisfied With it - in particular the stairs because what they had done was ii to take out the bathroom and put in - take out the floor where the: bathroom had been so there was nothing there but a ceiling and walls and have this - a new stairway end at the - where the bath- room had been. That stairway was not built property, apparently, and the contractor met with my client and explained that the Building Commissioner was dissatisfied and the work was redone . 'i The point I am suggesting is that we were under the reasonable as- sumption that everything that had to be done - that property con- tacts of all coordination - that everything was being followed - between our contractor whom we entrusted to do this and the Build- ing Commissioner ' s office . We moved in to the building in January ;a 1981 and our business expanded and eventually we had ten employees that is Jim and Dave and eight others occupying the building. They used it in that fashion for the next two years . January 81 until almost the present date . These eight employees parked at the Seneca Street parking garage they had monthly parking permits and parked on the top ramp . Jim & Dave parked on on-site spaces ii i; there are two on-site spaces on the property. And I think it is 'i significant that in the course of those two years in which this building was being occupied by ten people, all of whom were park- ing or coming and going to the best of our knowledge there was not one complaint issued to the Building Commissioner's office ,i and Jim and Dave tell me that they did not receive any complaints ' from any neighbors or anyone in the neighborhood in terms of the intensity of the use . About a year ago Jim & Dave decided to put the building up for sale because of changing conditions in their business . Circumstances had required them to let all of their employees go and the situation now was that it was just the two of them rattling around in these big offices . It was too expen- sive for them to maintain themsleves and the logical business de— cision was made to put it up for sale. They listed it with 29 - . Stu Underwood, who is seated to my right - of Underwood Realty. He is a specialist in commercial real estate in Ithaca. He advertised it and promoted it widely and in the space of a year, approximately, !Stu apparently received but one bonifide purchase offer to buy the 'building. Obviously Jim and David were very anxious to meet the !irequirements of that offer, one of which requirements was to obtainal , 'i ' a Certificate of Occupancy. They casually went down to Mr. Hoard' s; office, learned for the first time, when they applied for the Cer- k3tificate, the circumstances that I have just related to you. That is the background of our present situation. The Zoning Ordinance ` requires that we show practical difficulties and special conditions ! i suggest to you that these circumstances bear out the practical ijdifficulties and special conditions . These men, unlike some people' Jwho come before this Board operated entirely in good faith, honestly, lopenly and above board with the Building Commissioner ' s office. iThey believed honestly that they were complying with the zoning ;requirements . They exercised a certain civic responsibility as jwell in that they spent over $17, 000 . to turn what had been a jvirtual eyesore into a very beautiful building which is an asset to 'pits neighborhood. They not only exercised a great deal of care . and thought in the interior of the building , but the met with Mr. ;Meigs and the Planning people in terms of exterior work to preserve, ' the very nice Greek Revival lines of the building - .they met with `Vicki Romanoff in Historic Preservation people to make sure that Taint, colors chosen were in keeping with the Greek REvival archi tecture and so on and so forth.. I am trying to show you that the (kind of people that Jim and Dave are and the fact that they are de- ' ,,serving of some relief from this situation. They can't afford to keep the building - it is only the two of them - they cannot finan ;dally afford to maintain it . They can' t sell it without a Certi- ficate of Occupancy. They can't return the building to its previous !;condition - that is with an apartment upstairs with offices down .unless they expend some $15, 000, putting back. a whole kitchen, plumbing, gas lines , everything, and putting in a whole bathroom, ;plumbing, fixtures , etc. Not even to mention the structural work Which would have to be done to frame in and build in a new floor e 30 - for the bathroom where one now does not exist. The most prominent ' deficiency which we face, I believe , is the parking situation. I 'd 'like to address that. Before any work was done on the building ;the property was deficient by five parking spaces and I get my : information from Mr. Hoard. Those five parking spaces were grand- fathered. As a result of the work that Jim and David did they are ;;now deficient by seven parking spaces . In other words the defi- cency has been increased by two . The deficiency, interestingly, 1has not produced any complaints , to the best of our knowledge , from luny of our neighbors in the two years in which we used the property:'. 'i In other words we are not asking you to forsee or prognosticate ;what the consequences might be of what we are asking, rather we ; are saying please look at history - look at the last two years in ,'which there was a deficiency of the seven parking places, totalling 'i ;' ten people in that building with, to the best of our knowledge no "' complaints, no problems , no ill effects as a result of it. The ;` occupants of the building used the Seneca Street ramp as it was ,, provided for as 200 E . Buffalo Street, the new office building uses i ; the Seneca Street ramp, as the bank employees do and so forth and ', there were no problems . The location moreover seems to attract 'flow traffic kind of use - it ' s mostly attorneys , consultants , pro- Jfessional people without high turnover. You are familiar with the , ,; area there is TKO and there is Kiely Insurance and Dr. Shields , the dentist, the United Way, etc. Not only have there not been any „ problems with parking but my clients tell me that frequently, very '. '; frequently, there were empty metered spaces on Aurora or Court St. :; corners on which their property is fronted. There frequently were ! parking psaces available that were not being used. We 've gotten ',! many compliments from our neighbors as opposed to any criticism , and not only have they complimented in terms of aesthetics but ,Iwe've gotten compliments in terms of the use of the property. I , have a letter which I would like to introduce as part of our pre- . sentation, from Richard Stumbar if I may, I ' ll just read a per- ': tinent portion and then pass it around if that is appropriate Lprocedure . Mr. Stumbar identifies himself as the owner of the - 31 - ;! property at 207 E. Court Street which was renovated into law of- fices as of July 1981 . Prior to our purchase we had looked at the , ' premises at 322 N. Aurora Street and consequently I am in a posi- tion to comment on the improvements made by Dubin-Haenlin. He : talks aboutithe substantial improvements , etc. but then he says : "I can also attest to the fact that no descernible parking problem ;' resulted - has resulted from the conversion of their upstairs ' apartments office space, nor have I noticed a shortage of parking in this area except on the first day of a criminal trial term when ; ; many jurors have been asked to report. In summary, Dubin-Haenlin i; !' has been a good neighbor , etc . - I ' ll pass that around for your �i ; consideration. In talking with. Mr . Hoard, I understand that two i ;! persons have written to the Board voicing their concern about this ; :' application those people are Mrs . Price and Mr. Isaacs who own ii ' the two houses immediately north of the Keily Real Estate Office ;; that would be at 403 N. Aurora and 405 N. Aurora Street. i; MR. UNDERWOOD: Excuse me, Dave, that' s Keily Insurance. IMR. GERSH: Keily Insurance. Now again I think it is significant �i !; that in the years that we've been using the property with deficient ;' parking, these folks never found it of such concern that they ;; would make a complaint to the Building Commissioner. I think it is :, also important that they are in a different zone . These folks are ' iin an R-3a zone which is a residential zone , in which parking is ( determined based upon the number of bedrooms . We are in a business' ; zone in which parking is determined based on square footage so there ;may be some confusion and misunderstanding on the part of these neighbors in terms of what parking is required. The second part ,'sof our burden tonight is to demonstrate to you that the exceptions ; ; that we request would observe the spirit of the Ordinance and not ,' change the character of the district. I think it is apparent ' that providing for offices in an office district would clearly not ; change the character indeed nearly all of the people within ; the 200 block circumference to get the notice were business uses .' 'iThe other consideration which I think goes to the spirit of the ' Ordinance is that I believe zoning generally does not encourage 32 - mixed use of the property. I think zoning tends to encourage a 'single use - in other words having office downstairs with residen- tial upstairs is not something that zoning would suggest or desire it would require among other things substantial fire separation - A o separate the business use from the residential use . I suggest !';that the Zoning Ordinance was specifically designed by enacting this appeal procedure to relieve people like Jim and Dave from the ;;very severe hardship in which they now find themselves . They be- jlieved with all honesty that because the building inspector made ,,frequent visits to the property - because he saw the bathroom and ; the kitchen being removed, that he was well aware of what was being' ;:done. They didn't know that the contractor had not given full in formation to the building inspector , the Building Commissioner , and' .;that the permit was only for renovations and not for conversion and jas a result of that omission we are now in violation - there is a deficiency and we respectfully ask for an area variance to relieve us of these deficiencies . i ;CHAIRMAN WEAVER; Any questions from the Board? IMS. COOKINGHAM; Mr. Gersh, are your clients anticipating any kind 11bf action against the contractor to alleviate the hardship they i 1have been placed in? ,SIR, DUBIN If we indeed suffer damages - that is , if our request 4s turned down, we will undoubtedly start to contemplate such *ction. I am not sue happy and if no damages have, in fact, been ;done, I don' t really want to go after him. I think he has already i !been named in a suit - the people in the city are well aware of (unintelligible) is we are able to get the variance we are 4sking for. VVIR. GERSH; Perhaps Stu Underwood could make some comments to the !,Board in terms of the respective property value of the building in pits prior utilization with offices on the first floor and an apart. , stent on the second as compared to the present situation which is gffices on both floors . MR. UNDERWOOD: I will be glad to do that . I am Stuart Underwood, T reside at 1107 Triphammer Road and I own a little office building 33 - i myself at 121 E. Buffalo Street that is in the historic district ' so I am aware of the sensitivity of our community to keeping things' ;pretty well shipshape. What I would like to speak to basically, is; 'what the difference between operating that property as it formerly was with a one-bedroom apartment upstairs which would be about 600 I 1- figuring outside dimensions - about 624 square feet - (unintell) sits use as it is now being used as an office. It 's in my opinion ;;that it would be an economic hardship to convert the upstairs back ;into an apartment. Not only the intiial cost of the conversion ';which could easily run 15 to $18 ,000 but also the economic loss ;';strictly from a rental standpoint . In my estimation the downstairs', ;rental for the - incidentally the total building is about 2 ,080 ;square feet. The downstairs 1, 456 square feet would rent for $13 , 395 . a year. Were the apartment to be put back in the most you:, ' could expect to get would be about $350 . a month rent with no partil cipation in any increments or direct participation in the utilities',, ;the insurance and the tax increases that go on. The $350 . would dinclude the heat - I would anticipate however that the electric would be billed separately. So what we are looking at is an economic loss that amounts to about 24 to $25 ,000 . if you use the capitali- zation rate on the net operating income of 14% . And I think a lot !, sof bankers are using that that ' s a reasonable cap rate . As offi- ices that building has a selling price at the bottom line of about $135, 000 and at the top level of about $145,000 . so we 've got about a $10 ,, 000 . spread there between basic economic value and what' it might well mean to somebody that would pay a little extra to havO 1 ithat location. So we are talking therefore about 24 to $25 ,000 . `,differential in selling price. To say nothing of the cost of the ;conversion upstairs , if they were forced to go back to putting in ai !One-bedroom apartment, Another factor that I just might point out because I am 100% in commercial real estate is the traffic situation. tvhich I think is far less with an office complex small office come Olex than it would be to have an apartment on the second floor. We won' t even try to define who is renting it but you would have an ', apartment on the second floor with a lot of evening activity � peo ple in and out - and somebody in that space at night which is not 34 - normally the case in a 9 to 5 office operation. ; CHAIRMAN WEAVER: Any questions? : MS. BROWNELL: Yes. The Board - the Planning Board suggested that : iadditional parking spaces should be sought. MR. DUBIN: Yes we talked with Dr. Duthie who has offices one block down - it is roughly about the same distance from our offices as the city parking garage is in the other direction. We haven't shad a chance to really sit down time wasn ' t there but he indi- cated that he had six spots available and we just have to negotiate ,' if we wanted them. We have a letter to that effect - just that they are there. Frankly all of our employees used the city garage - it was just more convenient for them to park on the ramp. ' MR. TOMLAN: We 've seen this happen before. ' MS. BROWNELL: Well we 've seen this happen before everybody says . they go to the city garage for parking and (unintelligible) CHAIRMAN WEAVER: Understanding that this is your first appearance ' , before this Board - this Board has heard so much expert testimony (unintelligible) that there are no parking problems in downtown !; Ithaca. Are there any further questions from the Board? ';IMS. HAINE: I have just a comment to make which is that I have never ii had any trouble parking along that street, I think it is probably because it goes from a one way to two way and there is no traffic ! coming back but under the use (unintell) it is not going to (unintell) to get any kind of feeling for what sort of parking problems that might or might not entail you could make me feel a lot more comfortable knowing that you had the extra spaces re- served. CHAIRMAN WEAVER: May I say Peg that our granting the area variance we ' ll grant it to any acceptable use on the property forever in the future with the property and not . . . . . after we 've heard what nice people you are the next group claim that they are also very nice community minded people - we are only talking abou the proper- ty and its proper use and its proper confirmation. . . MR. UNDERWOOD: Mr. Weaver may I just point out for the edification of some of those that are not too familiar with this property that. 35 - it is being sold as a - what we consider a continued use as an office building ,that is we are not going to put a dress shop on the first floor you know - this type of thing. It will be used I mean sold - as a professional office building. CHAIRMAN WEAVER: Well the area variance is all we are asking to grant and that is all we will . Obviously if we . . . Are there any further questions from the Board? MS, BROWNELL: One question, How long has this property been for sale I know you said about a year? MR. UNDERWOOD: Not really that long no it has not . I first re- ceived authorization to market it I think it was the 3rd of March I remember that because my birthday is on the 4th MS. BROWNELL : And you have one viable purchase offer? MR. DUBIN: And we had it for sale before that, MR. HAENLIN: Yes , we advertised it . MR. UNDERWOOD: But my involvement has only been since the 3rd of March. MR. HAENLIN: It' s probably been ten or eleven months. MS. BROWNELL: And you have had just one purchase offer? i MR. DUBIN: Yes. CHAIRMAN WEAVER: Thank you, Is there anyone else who wishes to i be heard in support of this application? Anyone who wishes to speak in opposition to this application? SECRETARY HOARD: I have some letters . i CHAIRMAN WEAVER: The Board has copies of two letters from the owners of the properties at 403 and 405 so they area matter of record. SECRETARY HOARD: There is one from Joseph J. Kiely, "Dear Charlie:, Just a note to express my approval for the granting of the vari- ance requested for the above property (322 N. Aurora Street) . I occupy 401 N. Aurora Street. This property has been, for all practical purposes, an office building for quite some time. In my opinion, the rehab of the second floor space into offices was j an improvement over its previous use as an apartment . There cer- tainly has been no obvious change in the numbers of people involved I after the change was made. /s/ Jack K. Kiely" 36 - This one is from Patricia Carlson who is the property owner of 407 N. Aurora Street : "Dear Sirs: We received notice of an appeal for a variance to area regulations at 322 N. Aurora street ,. near our residence at 407 N. Aurora Street. No appeal number was furnished. Our chief interest is in maintaining the attractive residential character of the neighborhood immediately north of Court Street. To this end, we encourage residential uses in our area, and are threatened by speculation which seeks to convert fine residences into commercial uses . Common Council , over the past ten years, has repeatedly supported maintaining the residen- tial quality of our area. Because of our interest in an attrac- tive residential area, we also encourage business uses in business zones . Part of the value of our residential area obviously comes from the health of the adjacent commercial district, especially when the nearby businesses are housed in buildings that are har- monious with our residences . 322 N. Aurora Street is one such building, valuable not only as a business site but as an attrac- tive transition to more intensive business uses towards downtown. While new construction should be held to the area and parking re- quirements desired by Council , we feel strongly that graceful older buildings make a uniquely valuable contribution to both business and residential zones , and owners should be encouraged to maintain them and profit from them, even when they obviously cannot conform fully to modern area and parking regulations . A second advantage) i of encouraging business use of buildings already zoned for busi- ness is that it relieves speculative pressure on adjacent resi- dential neighborhoods . If there are too many hurdles to doing business in business zones , investors will find residential spec- ulation relatively more attractive. In short , we believe that permitted uses should be encouraged in all zones, and forbidden uses strongly discouraged. Area regulations , while desirable , should not block desirable uses , especially when a historic but nonconforming building makes a unique contribution to the attrac- tiveness of the area. We might add that in our view .there will be little effect on parking problems in our area if this variance is 37 granted. For blocks around us, daytime parking is related to business in the 100 and 200 blocks (postal workers , for example) and will be affected only minutely by any small increment caused by 322 N. Aurora Street. In addition, parking lots tend to be terrible neighbors , bleak, noisy, ugly, and scary to walk past at night. A fine old building is far preferable. In fact, if the granting of this variance would in any way encourage more parking lots in our residential area, we would be strongly opposed to it. Perhaps granting the variance could be tied to acquiring a few spaces in a nearby business parking area. Finally, even though we are urging the granting of this variance on the grounds that it will be a positive contribution to the business zone and also to our residential zone, we find most of the reasons advanced by the applicants irrelevant. Surely they are not the only people ever misled by a contractor. If they suffer financial problems as a result, he is the one to sue . The City of Ithaca should make decisions based on the economic health and quality of life of all of its citizens . It should not be in the business of sacri- ficing the general good in order to rescue victims of fraud or ignorance. Sincerely yours, /s/ Patricia M. Carlson" MR. GERSH: May I buy the movie rights of that? ,SECRETARY HOARD: It is unusual to have a letter from her support- ing a variance so . . . . r - 38 - BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK DECEMBER 5 , 1983 ACTION OF THE BOARD `APPEAL NO. 1532 : , The Board considered the appeal of David Dubin and James Haenlin for an area variance to permit the continued use of the second !' floor of the building at 322 North Aurora Street for additional :; office space. The decision of the Board was as follows : MS. BROWNELL: I move that the Board grant the area variance re- Quested in appeal No. 1532 with the following con- dition: (a) that a lease be provided to the Building Department for two (2) parking spaces to be found off-site within 500 ' of the property. This will require an annual renewal of the Certificate of Occupancy on submission of proof that the required spaces were available under the provisions of the Zoning Ordinance. IMS. COOKINGHAM: I second the motion. �fFINDINGS OF FACT: i l) Practical difficulties in front, side and rear yard deficiencies make it impossible to comply with the Ordinance since the build- ing cannot be moved. 2) Practical difficulties in returning the building to its former ' state were shown. I' 3) This change will not adversely affect the character of the neighborhood. ,!VOTE; 6 Yes , 0 No. Granted w/condition ii 39 - BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK DECEMBER 5 , 1983 '' SECRETARY HOARD: The next case is appeal number 1533 : Appeal of Broome Developmental Services for an area variance under Section 30 . 26B (side yard and minimum lot size requirements for a group care residence) , Section 30 . 25 , Column 10 (maximum permitted lot coverage) and Section 30 .49 (enlargement of a non-con- forming structure) to permit the addition of . an exterior stairway for fire egress at the south end of the community residence build- ing at 618 North Aurora Street. The property located in an R-2b (residential) use district, is deficient in side yard set backs and mini- mum lot size for a group care residence, and the maximum permitted lot coverage is ex- ceeded. An area variance is required for an , addition to a non-conforming structure. A previous appeal (#1359) for this stairway was granted in 1981 ; however construction did not commence within one year of the granting of that variance and the variance became void. .i MR. O'NEIL; I 'm Larry O 'Neil , I reside at 502 Utica Street, I am team leader for Broome Developmental Services . At the time we con-, ' structed the - not constructed but modified the house at 618 North ' ,j Aurora Street we were operating under what was then part 86 of the Code of Rules and Regulations of the State regarding the design of the community residence . Shortly after completing the modifications ' to occupy the premises the State promugated part 686 which increased , the concern which many of the changes were based on an increased ; concern for th.e safety of people in the house . In our case we speG- 'lif cally were deficient iwth regard to a second means of egress from the second floor and in 1981 came before the Planning and ! Development Board and this Board and asked for a variance which you '', later granted. Unfortunately the State ran into some monetary ; probl:ems and we had to postpone our construction. We have been ; included in the budget and if you see fit to reapprove the project, :' the design will go out to bid and we will start construction in the spring. MS . HAINE: Is this any different from the other request? .' MR, O'NEIL: No. CHAIRMAN WEAVER: Any questions from the Board - you understand ;; what the project is and what the granting will be? Is there 40 - anyone else who wishes to speak in support of this application ? Anyone who wishes to speak in opposition? BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK DECEMBER 5 , 1983 ii APPEAL NO. 1533: ;; The Board considered the appeal of Broome Developmental Services for an area variance to permit the addition of an exterior stair- "way for fire egress at the south end of the community residence ! building at 618 North Aurora Street. The decision of the Board ; was as follows : iMS . BAGNARDI : I move that the Board grant the area variance requested in appeal number 1533. !' MS. COOKINGHAM; I second the motion. ;; FINDINGS OF FACT: l) Use would not affect the character of the neighborhood. i'; 2) Deficiencies in the side and rear yard are practical difficul- ties which make compliance impossible. 3) This addition will substantially improve the safety and security of the occupants of this building. VOTE; 6 Yes ; 0 No Granted 41 - BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK DECEMBER 5 , 1983 '! CHAIRMAN WEAVER: Shall we hear the next case please? ' SECRETARY HOARD: The next case is appeal number 1534 : Appeal of Hi-Speed Checkweighter, Inc. for a ' use variance under Section 30 . 25, Column 2 (permitted uses) and Section 30 . 25, Column 13 (required sideyard setback) , and Section 30 .49 (extension or enlargement of a nonconforming ' use or structure) , to permit the construction of an addition to the existing building at 605 West State Street (Hi-Speed Checkweigher, Inc. ) . The property is located in a B-4 (business) use district in which the existing industrial use is not permitted but exists as a nonconforming use ; therefore under Section ' 30. 49 a use variance must be obtained to per-' mit the extension of the nonconforming use, and an area variance must be obtained for an existing sideyard deficiency before a build- ing permit can be issued for the addition. !!CHAIRMAN WEAVER: Now before we start on this case I would like to j,point out to all of you that Bea Brownell is employed by the firm ';that is representing the appellant here and will in no way partici-' !!pate in this hearing. However , the Board has a special meeting ;immediately after hearing your appeal and so they are going to ask Bea to join the audience but please remain with us because we have ;very important matters to carry out after the decision is 'made on this variance. MR. BUYOUCOS: I am suggesting to Bea, Mr. Chairman, that she go ,out in the hall or down to the restaurant across the street. ;CHAIRMAN WEAVER: We are the Chair would prefer that she have an opportunity to stay with. us because we are a very cohesive group ;that has been through quite a few maneuvers and in fact I think that her service on this Board she deserves the right to be an ;;observer instead of a participant for a change because we have ,'really had some stormy ones that she has suffered through so please. dont kick her too far out of here we need her later this evening;. MR, BUYOUCOS: I' ll take care of that tomorrow.. !:CHAIRMAN WEAVER: Now - we 've read the case and you are up to bat. MR. BUYOUCOS: Well this case is of extreme CHAIRMAN WEAVER: First of all , you have to identify yourself. 42 - : MR. BUYOUCOS : Excuse me. I 'm Jim Buyoucos of the firm Buyoucos, Barney, Grossman and Roth, representing Hi-Speed Checkweigher . This is Mr. Del Rosso next to me, who is president. Next to him .' is Wayne Barr , who is Operation and Production Manager, and next !oto him is Mr. Tallman, who is the Architect. As I started to say, ' , this case is of extreme importance to Hi-Speed. We came in kind of late, we just barely made the deadline. We would have liked to ;; - have more exhibits for you but we haven' t had the time. We must ' start to complete this project before very long because if this ..! project is not completed soon it will be aborted. If the project is aborted then the future of Hi-Speed in its stay in Ithaca may lbe very seriously jeopardized. You have read the appeal - I wonder !: how many of you know about the history of this company? Hi-Speed ; came down to the area that it is in now in 1955 and it has been ;! there throughout that period from 1955 to the present - almost , thirty years . They started producing their check weigher equip ment and are still producing the same equipment today but with the ,! refinements which modern technology permits . There has been no ,, change in- th.e use of that operation - no change in the products r it is exactly the same operation as it was in 1955 with the excep- ;. tion of the refinements of high technology. In the last five years : from 1979 through 1983 there has been a 200% increase in the busi- ' ' ness . Hi-Speed is known throughput the world and if you wish I : will pass around some customer lists which will show some very outstanding names . These are really blue chip companies - some of Ithe largest corporations in the world - indeed in England and else- '! where - are customers of Hi-Speed. Because of the complexity of ; the operation and the process, Hi-Speed needs a little bit more ' elbow room. They are going to follow exactly the same procedure as before, they will be manufacturing the same products as before but they need more elbow room th.ey need to reallocate space . ' Therefore they have decided to build this building which is number ' 12 on th.e building site plan and that is a building 50 by 57 . Now ii it is interesting to note that there is no manufacturing of any kind done at this site in the old building . There will be no - 43 - ' manufacturing done in the new site. In the new site the building is going to be used for offices - for professional and administra- tive personnel . The use of building for offices is permitted in B-1, B- 2 , B-3 and B-4 . There will be stock rooms . They need more stock rooms now. The stock rooms are implied in B-1 , B-2 , B-3 land B-4 and you cannot operate any of those businesses without shaving stock rooms . There will be additional storage space - not 'warehouses but storage space . The reason for the storage space is , ! that they cannot continue to operate as they do now - remember , they are not producing electrical toasters or steam irons - they fare producing a very highly sophisticated refined product. People are coming to them from all over this country and from - indeed ' from other parts of the world. Last week there were some people ;; from Korea - today Mr. Del Rosso was in contact with people in ''IGreece. What is being required of Hi-Speed now is the following: %;customers want to have representatives here being trained; number 2 , customers want to know that these machines have been inspected ';and inspected on the site therefore as a machine is produced it ;has to be kept until the customers - the company - is here with 'its persons to look it over. Once upon a time perhaps this was 'handled by telephone or by letter one person came but now because; 'of the complexity and the increase technology required more people i ::are coming. The storage room is used for that purpose. It is called in part receiving and shipping . Now when you get a machine 'approved, then you have to keep it there until you can deliver it .;out of Ithaca, which is not exactly the easiest place in the world to ship things from. The same way with shipping - you never can be' ;quite sure when the products are going to come here. There is one ; additional small use of a part of that new building and you may have seen it in the materials which were supplied to the Building Commissioner . There is going to be a very small area in which ;,some metal refinishing is done - that 's painting or something similar to that. Probably just painting and cleaning up and touch- ' ing up th-e product . But all this is much. more benign thaft-71 welding; ;which is permitted under this - in this section. Welding, plumbing; 44 - and other similar industries . So in essence what we are doing in this particular building is no different from what has been done; before. Now with respect to the side yard requirement - if you will look at your design - your building site - building 1 and 2 ::and 3 were all there before Hi-Speed Checkweigher came . Building 1:; '!was built by John McLean, a contractor who is still in town. He !:sold it to Augustine. Augustine built 2 and 3. Now those build- i ! ings were built on the line with ARCO which is on the east. They :;are a non-conforming use in terms of area because they don' t have ,the side yard requirement . When Hi-Speed built building 5 with ;just a building permit and no variance they complied with the five :;foot side yard requirement. Now as far as the new addition is con-: jcerned it does not violate any area use at all it is forty-five 'feet west from the east line, from ARCO , it is eighty feet south i ,,from State Street - these are all plus or minuses - it is eighty 'five feet east from Cramer and it is over one hundred twenty feet !north from W. Green Street. You just can' t say that this building .'is violating any area use because of the fact of these distances that I just gave to you. Therefore , we seek permission to build ;;this building at number 12 . Now lest you think that I am coming in here or Hi-Speed is coming in here and asking for something very; ;unusual - I am aware of the requirements with respect to the grant= Ang of a variance and we will talk about them. But I looked up ;!the law and studied it during this past week and I was very grati-= ' Tied to find that the old myths about no extension, no longer pre ,'vailed. We are living in a time when change is the dominant big 'condition of life . Business change , technology change - a business 'that can' t keep up goes under. . Courts are recognizing this . , Courts are now saying an increase in the volume of use "without a ;significant change in the kind of use is not considered a forbidden extension of a non-conforming use. " The word extension really has , never been defined finally, in a finite matter in all the cases ;;that I studied about non-conforming uses - both representing indi- ' viduals and representing a couple of Municipalities for the last thirty years . Stated simply, what i just read to you, simply staters 45 - the mere increase in the volume of business transacted on the prop erty, does not amount to an unlawful extension of a non-conforming use . Now when the increase in volume is coupled with a change in the use, then of course, that' s a different matter . So we have come in here on the strength of the law and we say to you that while we think we are not permitting an extension of a non-conforming use; 'we say that if this is the position the Board wants to take then !iwe are entitled to it on the matter of hardship. On the matter. . . .' .,CHAIRMAN WEAVER: May I interrupt please. Do you wish to argue the, interpretation before you continue with the application for a vari !'ance? :NR. BUYOUCOS: A 'variance on a hardship basis? Yes , I was going to !;come to it afterwards but I ' ll be very glad to do it now. !CHAIRMAN WEAVER: Well I 'm just trying - so that the Board and also. so that you will understand what we are arguing about if we first !determine an interpretation - if the interpretation were to agree with your last statement there would not necessarily be a use vari ance in that there would not be extension of use which is - as I' understand it . And then the proof would only be an area variance ;'and not an area and use variance . So it seems if you are asking Jan interpretation -- along the way that we ought to sort these out sand do one at a time in that one would preclude the necessity of !'arguing further on the hardship side. jMR. BUYOUCOS: Good. I was going to do it in my summary but I ' ll do it now, Mr . Chairman. I also believe that the area use is sub- jectto the interpretation that I just put in. CHAIRMAN WEAVER; Well it would seem to me if we continue until ;you've exhausted your arguments that we ' ll then sit here and try toi ;sort out which was an appeal for discussion of the need for the 'variance on the basis of an interpretation (unintelligible) argu- ment for the variance in each case. Michael you have a question or a comment? j' MR. TOMLAN: No , I just want to see where you are going with it. [CHAIRMAN WEAVER: Well I 'm not going to go anywhere . I 'm just talk; ling to Counsel here so that procedurally r he has asked all of these 46 - , questions in his application - but I 'm trying to - not to limit ,him - but to direct him to get the interpretation which if it were ; ; favorable to his argument would then obviate the need in each case for a variance . Do you have any problem with my procedural approadh? MR. BUYOUCOS: No . Thank you because we just don' t know how you want us to go about it - we are very glad to do it . !%CHAIRMAN WEAVER: Well we are quite willing to tackle any one - or lwe are obliged to tackle all of the questions that you've raised !!but it seems to me that if we take them in a sequence that will :either stop the whole show and we go out of here or will cause us ,;to continue - it would seem to me appropriate. So the two sections I'that you are asking for an interpretation are on whether this ex- tension or enlargement of the use, as you've described the use of lithe new building, does in fact require a variance as we interpret lithe Ordinance, is that not so? ``MR. BUYOUCOS: That is right . ;!CHAIRMAN WEAVER: So that the record will show the section involvejd let ' s agree to what section we are talking about . Do we agree that, +!Section 30 .49, page 30 . 45 , Repair, Changes in Use - Extension or ,Enlargement of Non-conforming Uses or Structures is the Section involved? ,MR. BUYOUCOS: Alright. Now with respect to the use , I 've said that here has been an increase in volume and that' s all there is to it. , Our volume has increased, and our procedures , the type of activity,'; ,the type of assembly, the production of the product has not changed at all since 1955 .. It is merely an increase in volume both as a matter of good sense and as a matter of what the courts are saying you just cannot put a bind on business which is conducting a non 'conforming use and say you shall not have a greater volume than what you had in 1955 or whenever a variance was granted. That is our ;position on extension of use - we are not extending it to any other' field we are simply saying we 've got more business . There have been recent cases, for example , which said that people could put .!more trailers - because there was a demand for trailers on a non- :conforming lot. There have been other cases where - another case - 47 - 'where an owner of land was permitted to add additional residential ,-units on the lot that was non-conforming because of the fact that !'there was a demand and it was merely an increase in volume . No !change in use as that word is ordinarily understood. We are trying' ?to make the argumentt very simple I think it is simple but we want to stress that we believe that this is the correct interpretation. '!CHAIRMAN WEAVER: Counselor, let' s take a possible 100 by 100 foot industrial one-story building and I agree with your reading of case aaw that says that a more intense use of that 100 by 100 feet is not appropriately regulated by Zoning Ordinance. However, I am not :,sure you can read into that that an addition to that building - an :; enlargement of that building - whether or not it increases the in- ! tensity of use - is the same argument . ,MR. BUYOUCOS: The courts are also heading in that direction. !CHAIRMAN WEAVER: Well heading and being there are one of our !problems tonight. MR. BUYQUCOS : We have a case that says it is there. !'CHAIRMAN WEAVER: In paragraph C under 30 .49 it ' s the language, !tortured as it may be, says a non--conforming use may not be extended .or enlarged to other structures or to other land nor may a non 'conforming structure be extended or enlarged except by means of a .variance. Now I'm reading out of context but that doesn' t seem to lencourage this Board at least in reading in the simple reading now this is a lay board that you are exposed to here and it doesn ' t ,,seem the simple reading of that encourages the granting of a permit to increase the total volume of a structure or the increase covering of land by structure of a legal non-conforming use or building. This Is - I am talking both the use and the area at the same time I recognize -but that neither of them seems to be allowed except by the granting of a variance in this particular paragraph here . Now I am only talking to you for the benefit of the Board - you've asked for an interpretation - the only way you can get one is from the Board, not from me, really, and I 'd like to have the rest of th.e Board - your attention is called to Section 30 ,49., Paragraph C . :OR. BUYQUCOS: We are aware of that . And I would counter that by 48 - ,: by saying that because of provision that is in the Zoning Ordinance does not necessarily mean that it may not be arbitrarily applied or ,may not be an unconstitutional deprivation of our rights and I 'm trying to establish that position. How you rule - I 'm presentingi an argument. : CHAIRMAN WEAVER: I ' ll be very glad to point out that the Board is well aware that your appeals are not exhausted when you leave us if you are dissatisfied and the character of the argument you seem to be approaching us with may well be good preparation for further .; action, not necessarily with this Board. MR. BUYOUCOS: That is the furthest thing from my mind. CHAIRMAN WEAVER: Are there any questions from the Board or any .' comment that you'd like to add to this because it seems to me , un- , " less you want to add further to this discussion, that we are - have '; heard and have had an opportunity to read and the question is whe ther in fact a building addition that will be attached to the existing structure that will cover land not now covered by a build- ing in what is otherwise a legal non-conforming building and also is a legal non-conforming use in the district, whether this addi- ; tion -- this new building would in fact come under the restrictions , of Paragraph. 0 and would require a variance . Adequately stated sir? MR. BUYOUCOS. Well stated except for one thing and this I would ask Mr. Del Rosso has any part of this lot ever been used for any- thing else except the Hi-Speed business as it is now conducted? ''Would your answer to that be yes or no? MR, DEL ROSSO: I 'd have to say no . From the time we came here in Ithaca in 1955 our sole endeavor has been in the direction we are headed. We have become the number 1 manufacturer of check weighers, in the world strictly by dedication to this kind of a business . As we grew from just two people starting a business , we acquired adja ,:cent property, all of which is contiguous , with the expectation that we would be able to stay there as we grew without having to pack up ; every two or three years and move someplace else . So it is by - 49 - planning that we are here and we hope that by proper planning we are going to stay here. So in essence we are still doing the same thing only doing it better and hopefully serving more people . ; CHAIRMAN WEAVER: Any further Questions from the Board? MR. TOMLAN: I seem to sense that you want a motion. :CHAIRMAN WEAVER: WE need a motion to interpret Paragraph C as it !applies to this variance as it applies to this application, pardon me. That it does in fact require either does or does not in fact! require a variance in order to grant the permission to construct .,:this new building. SIS . HAINE: Just the use variance? ;CHAIRMAN WEAVER: Both the use you see this is an enlargement and'. !it - well , the position as I read the common language of Paragraph C is that a new building added to the present structure is an exten- =sion or enlargement of a non-conforming use but it is also an ex- tention or enlargement of a non-conforming building in that it ;;increases the existing building which is non-conforming because of ,;its position on the lot . So yes , I would appreciate a motion. ACTION OF THE BOARD ;1534A Interpretation MR. TOMLAN; I move that an interpretation of Section 34. 9, Para- ;jgraph C as it applies to this application confirms the opinion that. th_e additional building does require a variance from this Board. !!MS. HAINE; I second the motion. ;VOTE : 5 yes ; 0 no ; 1 Abstention Interpretation affirmed. ':CHAIR: Continuing on we will hear Appeal No . 1534 for use and for jarea variances . Please proceed. `!IMR. BUYOUCOS : Now on the basis of area, there is nothing else we Ican do except to put the building there. We have no choice . We :have stated to you that the location of the building will not in ;any way jeopardize - if you looked at that building by itself, !jeopardize your side yard requirements . It is forty-five feet dis tant from ARCO a Gas Station with many unpleasant features - we 'll 50 - come to that later . So on the basis of that we just have practical' i-difficulties . There is no other place where we can put the new structure other than in the position that it is . It is cradled ;'against the existing building - it is not visible from the east ';;boundary line which is the non-conforming use in part only because ;the lower part that was built by Hi-Speed has the five yard side requirement . In terms of its affect on the neighborhood there is no adverse affect - as a matter of fact it is good because it is ;;kept from the sight or interference in any way with ARCO on the east so on the basis of area variance it would be an extreme hardship for us if we had to go and find another spot to put that building in another part of town - the hardship would be serious - it would !reduce the efficiency which is the very thing that we are talking ; about in this highly competitive business that we are in. So on ''that basis alone - on the basis that it would cost a great deal of ;;money to have to find another place to build a building and be in- ,volved in the moving of personnel. Remember we said that the func---' 'tion of the new building was to reallocate space so that people could !move around very easily from one part to the other. If that can't be done then we are suffering a very material hardship which ulti- ' mately will have its very serious affect financially on the business . Now either Mr. Del Ross or Mr . Barr could tell you about the realloj cation of space. Remember there will be no assembly of any kind in the new building but again I want to just confine myself to the area ;part right now. There is no other place that we can put that build ing where it will be shielded from the boundary line which created ,the original non-conforming use it' s forty-five feet away. Do you have any comments that you want to make about this? MR. DEL ROSSO; I ' ll make it very brief R if these people are as tired as I am after a days work, they'd like to go home and rest . To make it quite brief and simple , this new structure is contiguous' to the rest of our buildings. All of our buildings have been planned each stage in this manner. What we have now is the volume of business has increased we utilize every cubic foot of space in the building to good advantage and now it is time to expand - to allocate more space to the on-going (unintell . ) of the business . ! What this first floor of this new building is intended to house is we currently have our stock in inventory in a given area - this - in the existing building - this will move into the first floor of !the new building which will give us about a 50o increase in inventory .space allocation. The area that is being freed up by this movement ;now will be turned into additional assembly area which will allow us more space and flexibility - giving us a better work environment'. ;;The upper door of this building will house part of our management 'Jn£ormation system - our computer it will also house our electri-' Ical engineering group. The electrical engineering group is now !'housed in the building behind our main steel structure and this ,,again will give us better and more efficient work quarters to be ;able to keep up the pace that is demanded of us in order to stay ; competitive in this business . That in essence are the changes .'basically that will be taking place. We managed to stay in the ,present facilities all these thirty years - at the same time we ,have had fantastic growth. This has come about by - again more iefficient use of our space by the product mix - there is very (high technology . . . IR. BUYOUCOS : We should limit ourselves just to the space now, Vic. SIR. DEL ROSSO: Okay. All I am saying is that the high technology of this business will allow us to turn out a greater dollar volume within the same space so that you reach a point when that has to 'give a little bit more and that is where we are at . So this space :is very vital to our further progress and the existence here. SIR. BUYOUCOS: Alright that is our argument on area. Argument on use - you've heard part of what I - I alluded to it in part earlier ' in my discussion. There are more customers - more sales represen- tatives - more technicians coming here and for that reason we have to have these additional spaces . There has been no change in the use - I don't know how else to say it . If anyone thinks there has been a change in the use then I think the Building Commis ,sioner - its incumbent upon him to sustain the burden of telling ps that there has been a change and I don' t think there - I don't - 52 - `see how he can - there has been no change - we are testifying to that. Now if our efficiency is reduced then we begin to suffer in ;:terms of producing the product that has to be produced. Now remem-' 'fiber we are in - dealing in a business of extreme high technology. -There are many people being trained along these lines today. This is a business that is very desirable , very sought after because it ''doesn' t require the big outlay, say, that you have in Morse Chain 'or National Cash, let alone the U. S. Steel plants in the various ;parts of the country. So in order to stay competitive and be the 'kind of business they have been it is necessary for them to do whatever they can to increase their efficiency. If their efficien jcy suffers , their sales suffer, if their sales suffer , the profits go down, if the profits go down, the owners of the business are ;going to say well we close it here and we start some other place ,where we won' t have these problems. Unless you produce efficiently,, 'Mr . Del Rosso says , you can't survive . Now if Hi-Speed has to move !the hardship is unimaginable . There has been a pressure in the past Ao have Hi-Speed move. There is one person who has stopped that ;;and that is Mr. Del Rosso , he has said some years ago to the owners', I will show you that we can be number 1 and we' ll do it right here in Ithaca. It is because of his dedication to stay here that he !'has been able to produce the product that he has , but now he needs to extend , whatever that term may mean. Now they can go to another ;'place where the weather conditions are better - where there is a ,more benign business climate - taxes, labor markets, and the like - you know, New York State doesn' t have a reputation for having taxes that attract business here. Their transportation difficulties ;are great airlines - people come from all over the country - all , over the world very often - they have to send a limousine up to Syracuse to pick them up and bring them back. Railroad delivery ,just isn' t possible and sometimes the highways are not exactly the ,best means of bringing the materials and shipping them out in win ter weather. Now, if we look at Section 30. 58 which says what are ; th-e conditions for hardship for a use variance, we think we meet all of them. First that there are special circumstances for unique - 53 - !conditions, that don't apply throughout the district because we ;know what that means . In other words this is very special and unique to us . At the far end on the north and south side of West Street are two saloons with eating places . Next is a fire station, next fare some businesses and a house across the street owned by Mr. ;'Church, Mr. Church is all in favor of this . On the south side you 'have the Farmers & Shippers establishment to which I alluded, then ;;you have Kramers who are all in favor of this then you have Hi- Speed, so actually this problem is unique to us because of the very ;special nature. It does not have anything to do with any of the other businesses down there . Sub-paragraph B says that for reasons (fully set forth in the findings of the Board, the granting of the `variance is necessary for the reasonable use of the land or building. "',I hope that what we have said quite briefly supports I don't see how it can do otherwise - that the variance is necessary for a treasonable use of the land or the building. C - that the granting of the variance will be in harmony with the general purposes and 'intent of this chapter and will not be injurious to the neighborhood i for other wise detrimental to the public welfare . All you have to jdo is to go down and see the surrounding neighborhood to know that ;what Hi-Speed does is not only going to be not detrimental but ;will improve will improve it if you look at the building it ;could be an architect' s office, it could be a lawyer' s office -- it !could be a Christian Science reading room you can' t tell from the outside that there is a "industry" if you want to use that word ;going on inside. It fully meets the standards with respect to in- 'dustries which are set forthin the Zoning Ordinance. There is no 00ise - there is no smoke- there are no odors you look at the : building, you can' t see what is happening - you can' t smell what is� Ihappening and you can' t hear what is happening so we comply with all the standards . In terms of parking , we meet the requirements in terms of trucking, the trucks come in from Green Street - if you look south from Green Street, you look over and you see Agway that Agway Repair Shop on the corner of Fulton and Green and then you see that huge, huge ediface which is some kind of grinding mill or - 54 - ,something of that sort that could very well be something that you . would see in Bethlehem, Pennsylvania or in Houston, Texas . So we are not affecting the neighborhood adversely. There is no one up there that is going to be hurt by us - it can only be an improve- Iment in terms of having a highly successful operator on property which the operator owns . Finally, your comprehensive plan has a ,statement in it that says that one of our purposes is to encourage wand promote industry here in town - in the City. It is crystal ?clear in that general report or whatever it is called - comprehen- !sive plan. In addition the last two candidates for mayor spoke of nothing else but to get industry here and to keep jobs here . Now and get jobs here - but you've got an industry here -- the idea is to keep it here. The funds which the the money which this in dustry earns is not siphoned off from another business here in ;';town - it all comes from the outside. No one in this city or in ,,this community is hurt by the fact that Hi-Speed is here. They : have ninety seven employees, not one has been laid off and remember' ?dthey increased their business 200% from 78 through 83 and not one .person was laid off - that is a record that I don't think any other business enterprise in this City has met . It is necessary to keep a them here -- to comply with what your comprehensive plan says - the !difference in character between this so-called light industry, and iI could argue as to what the word industry means , and I 've got some cases on that too, and what is permitted under B-4 like welding, gasoline stations and so on. It is in our opinion all the more ,reason to have that land down there used for the kind of clean positive successful business that Hi Speed is . And that is our ;argument. If anyone on this Board has any questions , we 'd like to !-have them aski:them. ;CHAIRMAN WEAVER: Any questions from the Board? Withthe exception' of our friend Bea, I ss no one else in the room who wishes to speak', on this issue. Do I hear a motion? - 55 - BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK DECEMBER 5 , 1983 ACTION OF THE BOARD APPEAL NO. 1534 : The Board considered the appeal of Hi-Speed Checkweigher, Inc . for a use and area variance to permit the construction of an addi- 'tion to the existing building at 605 West State Street. The property ' is located in a B-4 use district in which the existing industrial ';use is not permitted but exists as a non-conforming use ; therefore ! under Section 30 .49 a use variance must be obtained to permit the 'extension on the non-conforming use, and an area variance must be 'obtained for an existing sideyard deficiency before a building ;permit can be issued for the addition. The decision of the Board 'was as follows : SMS. HAINE: I move that the Board grant the area and use variances requested in appeal number 1534 . !MS. BAGNARDI , I second the motion. „FINDINGS OF FACT: !l) The proposed use will not change any of the existing deficiencies 2) A reasonable hardship was demonstrated in that the existing i space is not sufficient to carry out the business as it exists .' 3) There is ample parking provided by the appellant. .14) There are practical difficulties in meeting the side yard re- quirements , namely the building cannot be moved. 15) There is no adverse affect on the neighborhood from the pro- posed building. 'VOTE: 4 Yes ; 1 No ; 1 Abstention Granted 56 - BARBARA RUANE, D0 CERTIFY THAT I took the minutes of the Board of Zoning Appeals , City of Ithaca, New York, in the matters of 'Appeals numbered 12-1-83 , 1529, 1532 , 1533, and 1534 on December 5 , '!1983 in the Common Council Chambers , City of Ithaca, 108 East Green' 'Street, Ithaca, New York; that I have transcribed same, and the ,'foregoing is a true copy of the transcript of the minutes of the imeeting and the action taken of the Board of Zoning Appeals , City Iof Ithaca, New York on the above date, and the whole thereof to the !i (best of my ability. Barbara C. Ruane Recording Secretary Sworm to before me this day of , 1983 Notary public salified County i sui xr it 30, 19 i