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HomeMy WebLinkAboutMN-BZA-1984-01-09 BOARD OF ZONING APPEALS CITY COURT CITY OF ITHACA NEW YORK JANUARY 9, 1984 TABLE OF CONTENTS PAGE APPEAL NO. 1-1-84 Doctors Yale, Mc Keen, Stewart, and Baldwin 6 821 Cliff Street APPEAL NO. 1-1-84 Action of the Board 13 APPEAL NO. 1535 John J. Augustine, Jr. 14 317 South Cayuga Street APPEAL NO. 1535 Action of the Board 20 APPEAL NO. 1536 Alternatives Federal Credit Union 21 301 West State Street APPEAL NO. 1536 Action of the Board 38 APPEAL NO. 1537 William S. Downing, III 39 607 East Seneca Street APPEAL NO. 1537 Action of the Board 42 APPEAL NO. 1538 Dr. Larry Wallace APPEAL WITHDRAWN BY 329-331 North Geneva Street THE APPELLANT APPEAL NO. 1539 Ithaca Friends APPEAL HELD OVER FOR THE 227 WILLARD WAY FEBRUARY HEARING APPEAL NO. 1540 Albert E. Smith APPEAL WITHDRAWN BY THE 200 West Seneca Street APPELLANT APPEAL NO. 1541 Nick Plataniotis APPEAL POSTPONED BY THE 315-17 College Avenue APPELLANT UNTIL FEBRUARY HEARING APPEAL NO. 1542 David Schoefphel (BUDGET RENT-A-CAR) 43 622 Cascadilla Street APPEAL NO. 1542 Action of the Board 65 CERTIFICATION OF THE RECORDING SECRETARY 67 BZA MINUTES OF JANUARY 9,, 1984 PAGE 1 BOARD OF ZONING AP'P'EALS CITY COURT CITY OF ITHACA., NEW YORE" JANUARY 91. 1984 SECRETARY HOARD: I ' d like to call the January g, 1984 meeting of The Hoard of Zoning Appeals to order . This is the first meeting of the new year . The secretary of the Hoard calls the meeting to order- because there is no chair-mart for the 1984 year . Do I hear any nominations? MS . COOKINGHAM: I nominate Charles Weaver . MR . TOMLAN: Second . SECRETARY HOARD: Do I hear arty other nominations? All in favor? Unanimous : 6 Votes . CHAIRMAN WEAKER: For once I didn' t have to call the meeting to order but I do wart to announce that this is a formal public hearing irk the matter- of several appeals for a variance to be heard by the duly appointed Board of Zoning Appeals of the City of Ithaca . That Board is made up of : TRACY FARRELL JEAN COOK.INGHAM MICHAEL TOMLAN BETTE BAGNARDI RICHARD BOOTH CHARLES WEAKER . CHAIRMAN THOMAS D . HOARD., SECRETARY TO THE BOARD 9 BUILDING COMMISSIONER BARBARA. RUANE, RECORDING SECRETARY Our procedure in these hearings is. first, we do not have a swearing of persons to be heard by the Board, we do operate under the provisions of the Zoning Ordinance of the City of Ithaca but are are not bound by strict rules of evidence in 9ZA MINUTES OF JANUARY 9, 1984 PAGE 2 the conduct of the hearing, but the determination shall be founded upon sufficient legal evidence to sustain our opinion . We ask that all participants come forward, identify themselves as to name and address and we ask: them to come forward to the table because we have to provide a transcript of these proceedings and we are limited to the tape recorder pickup mike here on the desk: . So in the course of the hearing if it becomes necessary for you to add comment after you' ve returned to your seat, it will require that you come back. so that the - your comments will be on record. Our procedure is to first hear- appellant earappellant and anyone who is in support of the appellant followed by those who wish to oppose the application for variance and upon the completion of hearing all testimony the Board will then make the findings of fact and the determination and takes a written ballot upon receiving or collecting the ballots there is an announcement of the results of the ballots . At this ,juncture my remarks have been guided by the old rules and regulations adopted by the Board and amended on May 24,, 1983 and if there ar-e any suggestions or arty actions to either, amend them or to approve them, the floor is now open . MS . COOKINGHAM' The question of time on page G, roman numeral V . Have we decided that we are going to meet now at 7 : 00 as opposed to 7 : 30? CHAIRMAN WEAVER: The chair recalls that we moved from 7 : 30 back to 7' 00 to tr-y to beat the midnight special , MS . C:OOKINGHAM' Should that be changed then? BZA MINUTES OF JANUARY 9.. 1984 PAGE 3 CHAIRMAN WEAVER: Alright . SECRETARY HOARDi One matter of housecleaning , if I may, is that it goes from "III Decisions" to "V Time of Meetings" - so we need to renumber Time of Meetings IV and then everything subsequent to that should fall in order . When we took: out the Executive Session, we took: out a number . They should be renumbered. CHAIRMAN WEAVER: Can we amend your motion to include renumbering time of meetings and correction. . . MS . COOKINGHAM: You certainly may . CHAIRMAN WEAVER: Do I hear a second? MR . TOMLAN: Second , MR . BOOTH: I have something else . CHAIRMAN WEAVER: Dick, let ' s go on this and yet it approved . Those in favor? UNANIMOUS VOTE : G AYE 0 NO MR. BOOTH: I ' ve had a chance to look these over quickly and I think: eventually I would like to make several suggestions but tonight I ' d like to only make two . One is dealing with the status of who are "interested" parties . I know that that has been a concern . I don' t suggest that I have a solution to all of that, but on page 3, present language reads "an interested party shall be the appellant and any person or persons whom tie represents upon whom the granting of the relief sought would impose practical difficulty or an unnecessary hardship" is proper language for determining who is an interested party . What I would suggest - I guess I would suggest other would be to R7.A MINUTE=S OF JANUARY 9,, 1`84 PAGE 4 simply use the words "affected by the decision" irk the interim. The language that is used is language which , I under-stand, has a lone history in New York: State in ter-ms of who gets variances but I don' t think it is proper for determining who is an interested party . So I would suggest either we defer we use the current regulations or the new regulations as they are for awhile and let the City Attorney deliberate on that or we change the language now to the term "affected by" the proposed variance . CHAIRMAN WEAVER, Well , the only risk: of adopting your suggestion,, that I see, is that , as Jean and I were discussing earlier before the meeting started, this difficulty of describing that we might well be in great difficulty by your phrase (unintelligible) so . . . . MR . BOOTH' I understand that . C:HAIR.MAN WEAVER: So.. if I may , I would be very supportive of re- fer-ring and asking for guidance from the City Attorney , MR. . BOOTH' I would certainly be supportive of that . I think there is a problem with that language and I think: we should look at it . The other suggestion which I have to make is on page 6 arid I guess what is now - I ' m not sure how the number=_: run now - I guess it is IV B or III B., dealing with: a person asking for a reh►easing . I think: this should be a written determination by the Board or the Chairman of the Board, regarding a determination or a rehearing . I think: that should be something that is in writing . 1 think we could ,just add the language "shall make a determination, which shall be stated in writing, as to whether 82A MINUTE; OF JANUARY 9, 1984 PAGE 5 said rehearing shall be held . " Again if you would be more comfortable deferring that to the City Attorney, again I would be comfortable with that as well . CHAIRMAN WEAVER' From recent experience, there is not a question but what that ' s; the contentious . . . . MR . BOOTH: I understand that but I can perceive that it could be . . . MS . BAGNARDI ; How many have we had in the past ! I can think of only - I was thinking of how many we have. had in the past year MR . TOMLAN: Two or three . MR . BOOTH"- We' ve got a couple tonight MR . TOMLAN: Earlier in the year rather than later, as I remember . CHAIRMAN WEAVER : Well there is a companion problem there also in deciding upon what standards you decide to allow a rehearing and whether the pr-ecise language in this section is adequate . We have some support in recent Article 78 to support the question about additional facts and when they were available so again if we can seek. advice, it would seem most appropriate - until then - in both cases we will have to search out the intent of our own rule . SECRETARY HOARD: If" I may, we. haven' t been doing it this way . We have not - I ' ve been letting people re-apply and then letting the Board make that decision , This language is really CHAIRMAN WEAVER: At that time the Board has convened at a regular meeting and decides but it could delay a case in which we were unable to make a determination and it would also give the BZA MINUTES OF JANUARY rd , 1964 PAGE 6 Board a little more time to consider the information . We will have one case tonight . I guess.. if it is heard., that will be a rehearing - that will be the first matter of concern - whether we are to hear it or not . MR . BOOTH' Well, I Would be willing to defer both of those things to the City Attorney if that is the Board' s .judgement . I do think: we need an answer on those two things . MR . TOMLAN: Do you want a motion to that effect? CHAIRMAN WEAVER : I take his remarks as tieing a motion to refer both of these to the City Attorney . MR . TOMLAN: I second it . CHAIRMAN WEAVER. Motion made and seconded - those in favor? VOTE : f, AYES UNANIMOUS CHAIRMAN WEAVER: Opposed? 0 NO CHAIRMAN WEAVER: Now to make sure that the record is clear, the rules and regulations, as amended,, Paragraph IV A - I ' ll entertain a motion as amended so that we clearly have adopted . . . MR . BOOTH : So move . MR . TOMLAN: Second . CHAIRMAN WEAVER'. Those in favor? 6 AYES CHAIRMAN WEAVER : Those opposed? 0 NO CHAIRMAN WEAVER: Now at this time we will hear in the order in which they are listed on the official notice, we will hear these eases and before we start the proceedings, is there anyone listed here who wishes to withdraw their application from consideration tonight? Alright we will hear the first case . BZA MINUTES OF JANUARY 9 . 1984 PANE 7 SECRETARY HOARD. The first case is appeal number 1-1-84 . Appeal of Doctors Yale., McKeen, Stewart, and Baldwin for a sign variance under Section 34 . 5-B (sign regulations for residential use use districts) and Section 34 . 8-A (minimum requirements for sign setbacks) of the Sign Ordinance, to permit the erection of a ten square foot sign at the edge of the property line at 821 CLIFF STREET . The property is located in an R-3a ( residential, multiple dwelling) use district where signs are limited to a maximum of five square feet and must be set back at least ten feet from the property line,; therefore the appellants must obtain a variance under- the listed sections before a sign permit can be issued . MR . ZAUSMER: My name is Stan Zausmer , I ' m from 25 Besemer Road, Ithaca . We' d like to erect a sign in front of our building so that it can be easily identified by the public. . There is a lot of confusion between our building and the professional building up past the hospital . Believe it or not there are people who think. they know., when they hear Doctor ' s Office is on Route 96, they think: they know where they are going and they don' t . We have people come to our office looking for Doctors and Professional Building and people looking for us who went up to the Professional Building . So we would like to make - right now we. have our address on the building which is quite large at this point and you will find yourself past it - especially going down the hill - before you realize you are upon it and it is hard to locate so what we want to do is put a sign up by the road that would easily identify it for the public - for- their safety . MS . FARRELL : On this little map, where does the sign go? MR . ZAUSMER: It should be marked . BZA MINUTES OF JANUARY 9 , 1984 PAGE 8 . MS . FARRELL : I ' m not sure I am seeing it . MR . ZAUSMER' It is right on the property line . MS . FARRELL : Thank you . Mf:. ZAUSMER : It was: drawn in by Mr . Uieterich . MR . TGMLAN: Could you describe the physical nature of the sign? I mean, is it lit from inside, is it lit from outside . . . MR . ZAUSMER: No., it is a wooden sign . It will not be lit at all because we are only open during daylight hours . MR . TOMLAN: I see - so it ' s a piece of plywood? MR . ZAUSMER: No it ' s a very nice sign. It is a sand carved sign,, you may have seen them around town . MS . BAGNARCDI : What kind of sign, hand carved? MR . ZAUSMER: Sand carved - called sand carved signs - they are made -like Dos Amigos and . . . MS . BAGNARCDI : Oh, okay - sand blasting is that MR . ZAUSMER: Right - on wood and painted. MS . BAGNARCDI : Is this symbolia of orthopedics? MR . ZAUSMER' Yes, it is medical . CHAIRMAN WEAVER' If that is there for the public ' s benefit . . . MR . ZAUSMER: Excuse me? CHAIRMAN WEARER: If that is there for- the public ' s benefit, you need an educational program because I said, what ' s that? MS . BAGNARCDI : I ' m not familiar with that symbol at all, I was really surprised . MR . ZAUSMER: It is a symbol for orthopedics - I guess more people are familiar with RX but we are not into . . . BZA MINUTES OF JANUARY 9 , 1984 PAGE 9 MS . COOKINGHAM: Is it going to face the street or . . . MR . ZAU5MER: You will be able to see it from both sides - it is a double-sided sign . MS . FARRELL : Will it be a V? MR . ZAUSMER: No it isn' t a V - it will be flat . MS . FARRELL : Oh, I see, okay . MR . ZAU5MER: But it will be a sign on both sides . CHAIRMAN WEAVER: The language on the property line is still ambiguous as far as I am concerned . MR . 2AU5MER: The front post of the sign will be on the property line. It ' ll go from the property line towards the building., away from the property line . It won' t go along the property line . Her a is the property line - here - there will be one post here and one post here - the building is here - it will be going this way . As the street runs up and down, the sign will go across like this . CHAIRMAN WEAVER: Where is the bottom of the sign in relation to the grade there? MR . ZAU5MER: Well that was the discussion - he told me to ask for 6 ' so we. could make room for what is now a 4' sign . I don ' t think: we would put it up more than a couple of inches off the ground. There is a flower bed there now which is going to sit in, okay, so . . . CHAIRMAN WEAVER: Okay so it is nearly at the ground level? MR . ZAU5MER : Yes . We haven' t installed it yet but I anticipate it to be there because if you are familiar with our property: it BZA MINUTES OF JANUARY 9, 1984 PAGE la is already raised up, well off the street level . The str-eet is here and then our - we have a wall and a flower bed up here so we really don' t want to get much higher . CHAIRMAN WEAVER: I ' ve read the record of the Planning Board as they considered that and they recommended that the size of the MR . ZAUSMER: Yes there was one member . . . that ' s not to scale on here really., I had no indication of what it would be . There was one individual who thought I should put larger numbers on the building rather, than put a sign up - that was his recommendation . And they went along with that . His contention was that a building should identify by its number- not by its name. I guess I disagree with that - there is a lot of buildings in town known by its name, not by its number . We want our building to be known as Orthopedics Associates, not 821 Cliff Street . So I ' m more geared toward the name of the building than the number an the building , myself . I don' t know how you feel about that . CHAIRMAN WEAVER: There is a city ordinance that says you are supposed to supply a street address . MR .. ZAUSMER: Oh., the number- is there - it is still on the building . CHAIRMAN WEAVER: On the building? MR . ZAUSMER: Yes it is still on the building and it will be on the side but I wasn' t going to make it the highlight of the sign . CHAIRMAN WEAVER: So this is a reasonable representation? MR . ZAUSMER : Right . BZA MINUTES OF JANUARY 9, 1984 PAGE 11 MS . FARRELL ! How big is this sign compared to the sign that is on the building now? MR . ZAUSMER : Just the names of the doctors are on the building . They are 4" letters . MS . FARRELL : I ' m wondering if you put this sign on the building whether that ' s . . . MR . ZAUSMER: Well the point is - _is that people don' t see the signs on the building until they are past it . MS . FARRELL : If it were a bigger sign►,, they would . MR . ZAUSMER : Well, you haven' t driven by our building and tried to look for it . It is a problem . MS . FARRELL : I know where it is, I see it . MR . BOOTH' Your building is very, very noticeable - it is not a building that is hard to identify . MR. ZAUSMER: We get a lot of people from outside the City of Ith- aca who don' t travel that way a lot . Really, I ' ve lived in this town since 1968 and until - I was probably here seven years be- fore I realized the difference between the Professional building - I thought every doctor on Califf Street and Trumansburg- Road was at the Professional Building . You ,just went there . We are not there and now we have other doctors in our building who have agreed to use our names when they tell people where their offices are - as the Orthopedic Associates Building . MS , BAGNARDI : They aren' t necessarily Orthopedic Surgeons? MR . ZAUSMER: They are not at all, as a matter of fact . Physical therapy, internal medicine and there is a dermatologist there BZA MINUTES OF JANUARY 9.. 1984 PAGE 11 now. MR . BOOTH' When you say the sign will have one foot of it on the property line., how close would that be. to the street right-of-way? MR . ZAUSMER' Well there is a ter► foot right-of-way from the street . It is going to be right on the property line . MR . BOOTH' It ' s going to be on the property line - one foot of it and it is going to t►e perpendicular to the street? MR , ZAUSMER: When you say foot, you mean a footing? MR . BOOTH : Footing, yes . MR . ZAUSMER ' Yes., okay., I ' m not familiar MR . BOOTH: And perpendicular to the street roughly? MR . ZAUSMER : Right , MR . BOOTH: How close will it be to the public right-of-way? The property line is the edge of the put►lic; right-of-way . MR . ZA►_ISMER' There is . that ' s true . CHAIRMAN WEAVER: Are there any further questions? Thank you . Is there anyone else who wishes to speak in support of this application? Anyone who wishes to speak: in opposition to this application? HZA MINUTES OF JANUARY 9, 1984 PAGE 13 The Hoard considered the request of Doctors Yale., McKeen, Stewart and Baldwin for a sign variance to permit the erection of a ten square foot sign at the edge of the property line at 821 Cliff Street The property is located in an R-3a use district where signs are limited to a maximum of five square feet and must be set back: at least ten feet from the property line , The decision of the Hoard was as follows : MS . HAGNARDI : I move that the Hoard grant the sign variance requested in appeal number 1-1-84 . MR . TOMLAN: I second the motion . FINDINGS OF FACT : 1) No adverse impact on the neighborhood . 2) Safety factor, involved in cars unfamiliar with the area who pasts the building before becoming aware that it is there . 3) Strict conformance with the Ordinance would not provide adequate notification to the public . VOTE : 2 YES : 4 NO DENIED BZA MINUTES OF JANUARY 9, 1984 PAGE 14 SECRETARY HOARD : The next appeal is appeal number- 1535 : Appeal of Jahn J . Augustine,, Jr . , for an area variance under Section 30 . 25, Columns 4, 6, 7, 10, and 12 (minimum requirements for off-street parking, minimum lot sire., minimum lot width and minimum side yard)_. and Section 30 . 57 ( requirements for Certificate of Occupancy for a change in use) of the Zoning Ordinance to permit the conversion of an existing beauty salon to an efficiency apartment in the six- apartment house at 317 South Cayuga Street . The property is located in an R-3a ( residential multiple-dwelling) use district in 'which the proposed use is permitted., however under Section 30 . 57 the appellant must obtain an area variance for the listed deficiencies before a building permit or a Certificate of Occupancy can be issued for the conversion. MR . AUGUSTINE : My name is John J . Augustine., Jr- _ , I live at 109 Rich Road, Ithaca, New York . I ' d like to convert an old existing beauty salon into an efficiency apartment and the reason for it is that I ' ve got six other- tenants in there and I think that I would like to convert the building into strictly residential instead of the combination commercial/residential - it will be beneficial bath to the neighborhood and to the tenants in the building . Last but not least I need the revenue generated from this efficiency as opposed to the beauty salon . CHAIRMAN WEAVER: Can you describe to me a reason why - I understand you could convert this to a bedroom without a variance, is that correct? MR . AUGUSTINE ' Three bedroom apartments - you have a problem controlling the number of people I get in them. I can control it better- with the efficiency apartment - three bedrooms - you have a tendency to get large families and you end up with two, three,, BZA MINUTES OF JANUARY 9.r 1964 PAGE 15 four- people in a bedroom - I ' ve run into the situations - that ' s exactly why I want to try and turn this arround. CHAIRMAN WEAKER: Cho you have any information that would help the Board in deciding the economics of the affair? In other words how long has the store been vacant? MR. AUGUSTINE : Three years - three and orae-half years as far as I know. It could possibly be longer . I know it was vacated when I sold the building the last time - seven years ago, and then CHAIRMAN WEAVER: So this building is carrying itself with the space vacant? MR . AUGUSTINE *. The room was opened up and they started to use it as a bedroom and the. people that were living in there prior to me buying it the last time - it got overrun . There was nine beds in the apartment . oto I was forced to close it off . You can' t control them., at least I couldn't at that point . Mr . Hoard is well aware of what happened , CHAIRMAN WEAVER: Would the off-street par-king requirement be increased if this were a third bedroom versus the efficiency apartment, Tom? SECRETARY HOARD' Well, it actually stays the same - this sheet isn' t exactly right . It has one space as it exists - considering it as vac:ant office space - retail space - that requires another space so there would be seven spaces required - so he would be deficient by six . Converting it to an efficiency apartment, he would also be deficient by six . So there is no net change . CHAIRMAN WEAVER. So the conversion to an efficiency apartment BZA MINUTES OF JANUARY 9 , 1984 PAGE 16 would riot increase the deficiency in off-street parking? SECRETARY HOARD : Right , MR . BOOTH: Existing to what it is with the store , SECRETARY HOARD. Yes . He has the right to put a store back in there now so we would have to count it as seven required for the current use and - so that would be six deficient and with a conversion to an efficiency apartment he would still be deficient by six spaces . MR . BOOTH; Well if he converted it to a three bedroom apartment would that require an additional parking lot? SECRETARY HOARD: No, it isn' t big enough for three bedrooms . You mean CHAIRMAN WEAVER: If that became a third bedroom. MR . BOOTH: If that became a third bedroom. . . SECRETARY HOARD,. No., it would not change - it would reduce the requirement . MS . FARRELL : It would reduce the requirement for- spaces? SECRETARY HOARD : Yes it . . . MS . FARRELL : How many would be required then? SECRETARY HOARD: If that room became a bedroom for that one apartment, then you would be required to have six spaces - just one space per each unit . If it became a fourth bedroom then you would have to have another parking space . CHAIRMAN WEAVER' Alright, if this is converted to an efficiency apartment with a total occupancy of the building will not - legal occupancy of the building will not increase - is that correct? BZA MINUTES OF JANUARY 9, 1984 PAGE 17 As a bedroom it could be occupied by two or more persons and as an efficiency apartment the same square footage less cooking fac:ilities, bath facilities exist there . . . . SECRETARY HOARD . I think: the number of people ;could be less in an efficiency - ,just because of the space that would be used for cooking and the extra bathroom . Mtn . BAGNARDI ' Ar-e you talking one or two in that efficiency? CHAIRMAN WEAVER: What I am worrying here is that if it became an efficiency apartment some of the net space there now that is allowable under, the Housing Code to allow X number of people per bedroom would be reduced by the capacity used up by the cooking facilities so after you add . . . . MS . FARR.ELL : How big is this space? MR . AUGUSTINE : 168 square feet . MS . FARRELL : 1�45 square feet of room? MR . AUGUSTINE ' Could I add that I think it would greatly reduce the on-street parking problems in that area . MR . BOOTH. Would it reduce it from what it is now? MR . AUGUSTINE -. From what it would be with a retail space in there? MS . COOKINGHAM' Is this the house with the three doors? Which door . . . . . MR . AUGUSTINE ., The door on the right . MS . CCFCaKINGHAM' Serves this space exclusively? MR . AUGUSTINE : Yes . MR . BOOTH' If this is an R-3 tone, the store has been closed BZA MINUTE.; OF JANUARY 9., 1984 PAGE 18 for three years., is it in fact reopenable under the City ' s Zoning Ordinance? CHAIRMAN WEAVER: Part of the answer to your question can be if the facts are established by the City successfully . In the present conversation it would seem to me that we are not asking for a complete record of what has happened to the space . But your question, if in fact it has been vacant and used part of the time for residential purposes, incidentally legally, whether that would erase the grandfathering , I don' t know. And part of it would be a matter- of our available records - base of inspections so that action could be taken. Don' t concern yourself about this (to Mr . Augustine) we are trying to decide your- application for a variance , not . . . . SECRETARY HOARD : I don' t see a previous variance for it so - the variance would allow it to continue if it had a variance for that use. If it was non-conforming and discontinued for a year then it would lose the right to go back . . . . CHAIRMAN WEAVER. Question on the record, is whether it is grandfathered or varied after, a year . SECRETARY HOARD: After a year it would not have to go back . MR . BOOTH: But the =sheet we have says it is grandfathered, that is why I raised the question . SECRETARY HOARD: And 1 filled out the sheet - so . . . depends on when the use went out of there . CHAIRMAN WEAVER : The other question that I see on the form is that this is an appeal under the Zoning Ordinance for a use or a BZA MINUTES OF JANUARY 9 , 1984 PAGE Sq area variance arid it seemed to me clearly an area variance and to Put the building into conformance as far as use is concerned to the: zoning which would be a first for the building in recent history that it is all residential rather than having an exception . But the difficulties in conformance and the checks ( unintelligible) are pretty clearly existing deficiencies continued without being exacerbated by the granting . The question of whether in fact we will have a greater density or lesser in a legal non-conforming building is a question really that seems to be critical to our decision . MS . COt1KINGHAM. If we make a motion to grant can' t we put a proviso in that additional par-king space be provided as Mr . Augustine has mentioned - as a condition of our granting? CHAIRMAN WEAVER: Conditional granting is quite appropriate under such circumstances . We need procedurally to make sure - are there any other- questions of Mr . Augustine? Alright thank you very much. The Chair isn' t clear - is there anyone else who wishes to be heard on this matter either for or against? (no one) RZA MINUTES OF JANUARY 9., 1984 PAGE 20 The Board considered the appeal of John J . Augustine, Jr . for an area variance to permit the conversion of an existing beauty salon to an efficiency apartment in the six-apartment house at 317 SOUTH C:AYUGA STREET . The property is located in an R-3a use district in which the proposed use is permitted; however under Section 30 . 57 the appellant must obtain an area variance for the listed deficiencies before a building permit or- a Certificate of Occupancy czar► be issued for the conversion . The derision of the Board was as follows : MS . COOKINGHAM: I move that the Board grant the area variance requested in appeal number 1535 with the provision that one additional parking space be made available on premises . MS . BAGNARDI : I second the motion. FINDINGS OF FACT : 1 j It will enhance the character of the neighborhood . 2) Practical difficulties have been established for the area deficiencies . 33 It is impossible to comply to the Ordinance in that the building cannot be moved . 4) Parking deficiencies in the area will not be exacerbated by the granting of this variance . VOTE : 6 YES : 0 NO GRANTED . BZA MINUTES OF JANUARY 9, 1984 WAGE 21 CHAIRMAN WEAVER : We' ll have the next case please . SECRETARY HOARD: The next case is appeal number 1535 : Appeal of Alternatives Federal Credit Union for an area variance under Section 30 . 25, Columns 4 and 14 (minimum requirements for off-street parking and rear yard set back ) and Section 30 . 57 ( requirements for a Certificate of Occupancy for a change in use) of the Zoning Ordinance to permit the extension of the first floor office use to the second and third floors at 301 WEST STATE STREET (Alternatives Federal Credit Union) . The property is located in a E-2a (business) use district in which offices are a permitted use; however under Section 30 . 57 a variance must be obtained for the listed deficiencies before a building permit or Certificate of Occupancy can be issued for the conversion . A previous appeal was made and denied on November 7, 1983; the appellant is returning with new information . CHAIRMAN WEAVER` The appellant is back . We heard the case in November- and he is claiming on his application that he has new information . The difficult part for the Board and for the appellant, as I see it, are to establish - if he has new information that was not available to him at the time of the original application - not that he goes to school and tries again, based upon his experience the last time and so that I have a new idea that I ' ve developed as a result of my inability to win a variance . So it isn' t ,just new material but new material of particular- quality and - as I ' ve tried to identify it here for Dick and the rest of the Board . Alright . MR. COLEMAN: Many cif you were here - my name is Jeff Coleman, I reside at 2018 First Street, Ithaca, New York . MR . ANTINOZZI : My name is Stephen Antinozzi, I reside at 398 BZA MINUTES OF JANUARY 9, 1984 PAGE 22 Ellis Hollow Creek Road . MR . COLEMAN: Many of you were here a few months ago when we applied for- this variance but I will review the situation to refresh your- memories . Currently the Alternatives Federal Credit Union has its offices at 101 W. State Street . We have a two-room office and it is substantially overcrowded and it caused us to go through a search to purchase a building and the result of this search is that we did purchase the building at 301 W . State Street . This was done after- an extensive look at all available commercial buildings in the downtown area and one of our major concerns in looking at this, building was possibly - was there enough parking.. which is one of the major concerns we have to deal with tonight . And before making a decision to purchase this building we had our staff do an informal survey by going down there frequently during the day to see if there were available parking spaces and there was the determination of our staff that yes there was indeed enough parking for the Credit Union . We are also familiar with the survey that Planned Parenthood did of the same block and the par-king situation there , which I will submit to you tonight - if someone would like to refresh their memories . . . . CHAIRMAN WEAVER: Pardon me. . Can you direct your remarks for the present to what particular information - what particular additional information, you have tonight that was not available to you at the time of your first application? MR _ COLEMAN Okay . I have a few new things tonight . First our 82A MINUTES OF JANUARY G, Ir-484 PAGE 23 parking area was redrawn to allow for four parking spaces instead of two as we. had come the first time as in accordance with your suggestion and we also have a written lease for six parking spaces- fr-om the Knights; of Columbus on, I believe, on 302 West Green Street and that has: - well art oral option to renew from year to year . We. also have several letters from other commercial organizations in the neighborhood who have strongly supported our move there. We would like to submit those . CHAIRMAN WEAVER: Alright . So what you are saying is that you are not coming in with the same application - an application to provide off-street parking '- off-site and to increase the off-street parking on-site from the original application? MR . COLEMAN: Correct . CHAIRMAN WEAVER: Thank you. I ' d like to hold right there - it ' s the obligation of the Board to dtermine whether this case will be heard tonight based upon the appellants supplying new information and our- understanding that this constitutes a new application . Do I hear a motion? MR . TOMLAN : So move . MR . BOOTH : Second . CHAIRMAN WEAVER. Made and seconded . Discussion? Those in favor? 6 AYES Opposed? 0 NO Now you can tell us everything we want to know and maybe some we don' t want to know . MR . COLEMAN: Okay - some more facts . If it is not clear we are moving two blocks, from our current location which we believe should riot affect the current patterns of Credit Union members BZA MINUTES OF JANUARY C4,, 1984 PAGE 24 as far as parking is - currently most of our members either walk in or use public: transportation and many do bike . The new building has a bus stop on the corner which should make it more accessible . There is also present - I ' m riot sure if you are aware of it or not - the Municipal Parking lot on the 300 block, which should make parking available . If you want , at this time, would you like me to submit the letters and the lease? Would anyone care to look: at those? CHAIRMAN WEAVER: I believe we have a copy of the lease in our packet . MR _ COLEMAN. Okay . I have letters if they are of any interest . CHAIRMAN WEAVER: How many letters have you, please? MR. COLEMAN' I have seven letters . I have originals and copies so I could send them around . CHAIRMAN WEAVER : Maybe it would be faster than to go to the Secretary . MR . TOMLAN' For verification? CHAIRMAN WEAVER: No . Are they brief? Okay . Let ' s circulate them . MR . COLEMAN: I would also like to resubmit the Planned Parenthood parking study which I didn' t submit last time but I knew you were familiar with it . Mince there are new members tonight , maybe they should go around also . MS . BAGNARCII : What is the proximity of Management Consultants? That ' s the next block over? MR . COLEMAN' I don' t know the address of it . BZA MINUTES OF JANUARY 9, 1984 PAGE 25 CHAIRMAN WEAVER. East . It is between there and the Elks . MS . BAGNAR.DI : Next to Her-sons? I ' m more familiar with Hersons than I am with the Elks . CHAIRMAN WEAVER ' Well it is across the street from this property -right across Albany Street between Albany and Geneva Street - takes up the entire State Street face of the block - 200 block of West State Street - and this property is 301 West State - immediately across the street from it . MR . COLEMAN: Just briefly, additionally , the use before we acquired the building was as an insurance office on the first floor and r-sidential use on the second and third floors and we believe certainly our use on the first floor will not be any more intense than the current use is and we believe our use on the second floor which will be for two staff members to have offices Lip there would be a lot less intense in terms of traffic and par-king needs . And I should address also the waiver of the rear yard requirement which as in most eases it would be impractical for us to move the building or- acquire more land to satisfy the requirements . I also have - I ' ll send the Planned Parenthood parking study around for anyone who is not familiar with it . I don' t know if Dick has seen it . MR . BOOTH' You are going to use this entire building now, is that right? MR . COLEMAN : Yes . MR . BOOTH: All three - two to three floors? MR . COLEMAN: Three floors . BZA MINUTES OF JANUARY 9, 1984 PAGE 2E M5 _ BAGNARDI : How many days a week: are you going to be open? MR . COLEMAN' Five days a week: . MS . BAGNARDI : You don' t do any business on Saturday at all? MR . ANTINOZZI : No weekend hours . MS . BAGNARDI : Nine to five? MR . COLEMAN: Our- inclination would be to have automatic: tellers rather than to be open more hours , so that would be twenty-four hour day . . . MS . BAGNARDI : Automatic tellers inside the building? MR _ COLEMAN: Well it would be - the way it would be set up is it would be inside like the foyer . MS . BAGNARDI : someone could drive Up - go into the buiding, use the automatic teller . . . MR . COLEMAN: Automatic card and take out money or put it in . MS . BAGNARDI ' Rather than drive- init would be walk- in? MR . COLEMAN: Well they would still have to drive but it would make - you know - MS . BAGNARDI : It wouldn' t be a drive-up kind of a thing? MR . COLEMAN: RIGHT . MS . COOKINGHAM: About the four on-site parking spaces - I assume those are going to be on the west side of the building? MR . COLEMAN : Correct . MS . COOKINGHAM: Are you going to tear down the garages there? MR. COLEMAN: I don' t believe so . MS . COOKINGHAM: In putting in those four spaces, will people be able to open up the doors and get in and out without moving the BZA MINUTES OF JANUARY 9, 1984 PAGE 27 t cars having a lot of jockeying around to do? MR . ANTINOZZI : According to the map, the space now is approximately twenty feet - the property line is twenty feet - we' ve been parking - the staff has parked there a few times - we didn' t have a problem per- se with most cars are given ten feet or . . . MS . COOKINGHAM' How much property do you own beyond the building line? MR . ANTINOZZI : According to the map there is twenty feet beyond the line . MS . COOKINGHAM: I know., but is that sufficient., Mr . Hoard? SECRETARY HOARD : Pardon me? MS . COOKINGHAM' Twenty feet for two czars side by side? SECRETARY HOARD : Yes . CHAIRMAN WEAVER' And you see, getting greater depth would not accomplish anything - you can' t count spaces blocked by more than one car so you don' t want to go too deep - rather in line . MS . COOKINGHAM' Because I had noticed - I have been by there - there is parking on the lawn right now on the side and that is your lawn? MR . ANTINOZZI : Yes , MS . COOKINGHAM' As opposed to the next door neighbors? MR ANTINOZZI : Yes . MR . TOMLAN: Would you anticipate they► widening the curb cut - I mean at this point you have twenty feet beyond the building and from what the drawing shows - perhaps fifteen wide driveway . Do BZA MINUTES OF JANUARY $, 1984 PAGE 28 you plan to move the driveway or how do you accommodate the automobiles coming acr-oss the sidewalk? Have you thought about that much? MR . ANTINOZZI : At present.. when we did our experiment we didn ' t have trouble with that . If the Board felt that we could talk with our- architect about doing that . When we talked with our architect he felt that given the existing space that it wouldn ' t be a problem in terms: of pr-actical useage . MS . COOKINGHAM: Are you going to blacktop that area? MR . ANTINOZZI : We don' t have any plans to do that . MS . FARRELL : You mean, you are parking in the driveway and then on the lot and it hand of sticks over here - that ' s lawn? MR . ANTINOZZI : We would restore it to gravel - our current plans are to restore it to gravel . . . MS . COOKINGHAM; Oh., you ar-e going to have gravel? MR . ANTINOZZI : Yes . We have plans to do that - we don ' t have plans to put a hard surface on . MS . COOKINGHAM. Have you started to work on that building yet? I noticed that you had a dumpster . . . . MR . ANTINOZZI : There is a dumpster there but we have not done any work on the interior . MS . COOKINGHAM: Taken title? MR . ANTINOZZI : Yes . SECRETARY HOARD : We will need a copy of that for the record . MR . COLEMAN` Okay, you can have this one . MR . BOOTH : Tom, they will be deficient by thirteen - is that the BZA MINUTES OF JANUARY 9, 1984 PAGE 29 magic number? SECRETARY HOARD: Well they will end up with six spaces from the Knights of Columbus, the four on-site and they will be deficient by seven . MR . BOOTH: I wasn' t subtracting the six . Thirteen without the six that are leased . MR . COLEMAN: What is the current deficiency? SECRETARY HOARD: Well you need to have - to use all three floors -you need seventeen off-street parking spaces and if you provide four on-site , then thirteen remain and then if you have six at the Knights of Columbus, then seven remain deficient . MR . BOOTH' Have you looked for other nearby parking with ,a similar lease arrangement? MR . COLEMAN: Well , I ' m not sure what the availability is - it is our hope that this should be sufficient considering we have operated without any parking at this, point . I ' ve had no complaints from members or any problems that we are aware of . MR . ANTINOZZI : I was a little closer- working with the parking - I believe that we would be able to obtain additional parking spots, without any problem. Another thing is that currently the third floor useage of the building is essentially some thing that would be an expansion useage and would not be put in immediately although at this period of time., for Board purposes we presented it that way . We could make our request for the two floors - first and second. If that would ease the pressure on the amount of spaces . BBA MINUTES OF JANUARY g, 1984 PAGE 30 CHAIRMAN WEAVER: Well let ' s clearly understand that going from your existing first floor lousiness use and residential use on the second and third floors, the building is four spaces deficient, is that correct? SECRETARY HOARD : Correct . CHAIRMAN WEAVER : Expanding into the second and third floor would increase the requirement by thirteen spaces, is that correct? SECRETARY HOARD: Well they were required to have six before and it went up to seventeen . CHAIRMAN WEAVER: Alright . SECRETARY HOARD : So it goes up eleven . CHAIRMAN WEAVER. It goes up eleven. Now you are talking about the second floor, riot the third floor, would require a recalculation of that increase parking demand for conversion from residential to business use of the second floor and not of the third.. Is it true that there is the same square footage on the second as on the third? MR . ANTONIZZA: The third is• useable square footage which is probably not quite half . The third floor- is built into the eaves of the roof and so the available space is . . . CHAIRMAN WEAVER: So we are talking about maybe the third floor being 50% of the square footage of the second on a basis of an estimate? MR . ANTINOZZI : Yes . CHAIRMAN WEAVER: Your question Dick: is - would require - I ' m trying to put your question and these responses together . The BZA MINUTES OF JANUARY 9 , 1984 PAGE 31 Board would need to make more than one decision here . Is the net effect not including the third floor - is the third floor suitable for- residential use without access to - other than egress? MR . COLEMAN: We couldn' t use it that way for security reasons anyway . So we could not have a residential use in that building . CHAIRMAN WEAVER: Alright . MS . COOKINGHAM: How many spaces did we require for Planned Parenthood? On the lease? I think: we should be consistent . CHAIRMAN WEAVER : Well, if my memory serves me, we required off- - off-site parking and on-site parking., as I recall - net loss of one on-site? SECRETARY HOARD : Net loss of one on-site . CHAIRMAN WEAVER: And art increase - I don' t ( unintelligible) what formula was used but I would suspect it was directly related to the amount of space increased by the occupancy of the carriage house . And that was the space that was lost by the requirement for emergency access to the carriage house plus the square footage of the carriage house so add the carriage house requirement to the one space loss and as I recall., that was what was required off-site because there were nor►e on-site . In this ease they are increasing on-site parking by two., as I understand it, and the increased requirement by using the second and third floor for office use is eleven so the net would be nine, by the same tracking . I don' t want to get shot down here . You disagree? BZA MINUTES OF JANUARY 9., 1984 PAGE 32 MR _ TOMLAN: That ' s about right . CHAIRMAN WEAVER.: I think. that was the logic . Now if - this isn' t very accurate but if we were to assume that the third floor is 50% of the second floor and that the two together cost eleven spaces and an additional requirement - 1/3 of eleven doesn ' t come out exactly even . So there are about eight spaces required for the second floor and about three for the third and - please bear with us - we are using an estimate of the third floor and . . . SECRETARY HOARD . Do you want to use ars estimate or do you want to use the figures they gave us? CHAIRMAN WEAVER, You have the figures? SECRETARY HOARD , Yes , they gave us the figures of 1 , 458 square feet for the first floor, 1 , 322 square feet for the second floor and 480 square feet for the third floor . So ,just using the first and second floors,. the requirement comes to 15 . 124 parking spaces . CHAIRMAN WEAVER,: So the 480 is two then? And the - to try to clarify - not muddy - here, we would - accepting their appeal as written - would increase the requirement down there by eleven . As modified would increase it by nine. And they are providing ' on-site - two of them. So it would seem to me that you are talking seven or nine., on the two options . MS . CC1ClKINGHAM: Seven if they don' t go to the third floor, nine if they go to the third floor . CHAIRMAN WEAVER: Yes . Do you agree Tom? Go you disagree? SECRETARY HOARD: I have them deficient - if they are providing BZA MINUTES OF JANUARY 9, 1984 PAGE 33 six on the Knights of Columbus property - four on-site, then they are deficient by seven, using the third floor . If they don ' t use the third floor, then they are deficient by five . They., of course., had six grandfathered, so you might end up owing them one . MS . COOKINGHAM: Can we consider- this as not extending to the third floor- - or would they have to come in with a new appeal? MR . TOMLAN. We' ve already asked them to come back the first time - I mean basically wasn' t the reason we continued the last time - we didn't make any decision on this but that there was no clear resolution of the par-king question? CHAIRMAN WEAVER: I ' m not prepared to remember that precise action of the Board . MR . TOMLAN: I believe that basically . . . . MR . COLEMAN: Nothing was approved or denied as I recall . MR . TOMLAN: We just didn't take any action because it was incomplete . CHAIRMAN WEAVER: Well certainly the question of parking and even on-site, was not available to us at that time, but I don' t remember precisely - here we are: . . . . this says that the Board considered the request for an area variance for deficient off- street parking and rear yard setback: as well as expansion or enlargement of non-conforming structure to permit the conversion of the second and third floors of the existing building at 301 West State Street to office space. The decision of the Board was as follows : Motion was made and seconded that the Board deny the BZA MINUTES OF JANUARY 9, 1984 PAGE 34 area variance requested in appeal number 1531 with the finding of fact that no provision was made for- adequate off-street parking in the neighborhood,, and the vote was 3 yes . 2 no, 1 absent - denied for- lack: of 4 affirmative votes . And then a motion was made and seconded that the Board grant the requested area var-iance with the condition, that the appellant provide lease for five parking spaces within the required 500 ' making a total of seven parking spaces and followed by finding of facts : it that the use would not affect the char-ac:ter of the neighborhood or impact the neighborhood unduly 21 if the appellant makes provision ., these parking spaces would show an effort on the appellant to comply . And that vote was 2 yes and 3 no . Denied for lack; of 4 affirmative votes . So there were attempts by the Board to resolve the issue or, to suggest that there could be a conditional granting at a future date if you came in with new information but not a . . . MR . TOMLAN' It wasn' t explicit, it was implicit at best . CHAIRMAN WEAVER, Yes definitely . Now we have A and B as I hear it -please I don' t want to lead you - of the hearing of your appeal on the facie is completely available to you and we are not here to bargain you out of your position so if you wish to alter your- application, you do it on your own volition and with the understanding that your application will be successful if you do so I feel a burden here to make sure that the Board and the appellant understand that we are not saying that if you alter and poll back: the third floor out of your- application that therefore BZA MINUTES OF JANUARY `i , 1984 PAGE 35 you will be successful . I don' t know - I have no way to predict and - it ' s your appeal and not ours to tr-y to steer- you into a successful one . So, it ' s your turn . MR . COLEMAN: I think: we are talking two parking spaces for- the third flocs- - in fact that we cannot have any other use for the third floor- because of the situation of the Credit Union being a financial institution so we would like to keep the appeal as it now stands . CHAIRMAN WEAVER' As is . Alright . That will clear exactly what we are talking ab out and we won' t be ,jockeying around on which - whether we ar-e talking about A. or Bt Are there any further questions of these two gentlemen? MS . COOKINGHAM: I ' m riot satisfied with this lease from the Knights of Columbus . Because number one there isn' t any explicit provision for- renewal and I would like to see it - if we do approve this - I would like to see it approved with the same type of lease that we used - that we required for Planned Parenthfood, which is reviewable by your office, as I understand it, they have to come in every year- - if they can' t get the lease then what happens? SECRETARY HOARD: They don' t get a Cer-tificate of Occupancy which is contingent on the lease . MR . COLEMAN: I don' t think that would be a problem for us . We did get an oral commitment for that but we were not able to get it in writing in time . MR . ANTINOZZI : To clarify their comment - they would give us an BZA MINUTES OF JANUARY rd , 1984 PAGE 36 option in writing for a very extensive renewal clause . CHAIRMAN WEAKER: We cart resolve that - if we approve this var-iance -by conditioning the approval upon provision of a suitable lease and we can try to describe what that means . Are there further questions" Alright thank. you very much . MR . BOOTH' You said you thought it wouldn' t be difficult to find additional par-king , What is that based on? MR . ANTINOZZI ' When we polled people in the area for additional space . MR . BOOTH' I ' m talking about leasing additional space . MR . ANTINOZZI ' That is what we were requesting . MR . BOOTH' So you think. that you could lease additional space? MR. ANTINOZZI : If" we were - if that was the option that we need to pursue. - I believe we. would be able to do so _ MS . COOKINGHAM' With the same rental? MR . ANTINOZZI . That - we could possibly have more than perhaps another . MS . COOKINGHAM; That is what I am a little bit concerned about this one was this landlord came in and said that they didn' t have sufficient par-king on their- par-king lot during the Planned Parenthood - because of people parking on their lot illegally and now they have the parking spaces . MR . ANTINOZZI : Well when we inquired with them they were quite willing to offer us a lease because of the very close proximity to our- building - we went with the knights . CHAIRMAN WEAKER' Any further questions? Alright, thank you very RZA MINUTES OF JANUARY 9., 1984 PAGE 37 much . Is there anyone else who wishes to be heard on this matter Either in support of or in opposition to? ✓✓ i— IJ_a r BZA MINUTES OF JANUARY 9, 1984 PAGE 38 The Board considered the appeal of Alternatives Federal Credit Union for an area variance to permit the extension of the first floor office use to the second and third floors at 301 West State Street . The property is located in a B-la (business) use district in which offices are a permitted use; however a variance must be obtained for the listed deficiencies before a building permit or- Certificate of Occupancy can be issued for the conversion . The decision of the Board was as follows : MS . COOKINGHAM: I move that the Board grant the area variance requested in appeal number 1536 with the following condition : 1 ) a lease is provided to the Building Department for nine (9) off-street parking spaces; such lease to be renewable annually in order to obtain a Certificate of Occupancy . FINDINGS OF FACT : 1 ) This will not affect the character of the neighborhood . 2) It is impractical and a hardship to comply with rear yard setback. requirements without moving the building . 3) The impact on parking in the area will be ameliorated by the off-street parking lease . 4) Signage will be in compliance with the Sign Ordinance . VOTE : 5 YES, /A NO . GRANTED W/CONDITION BZA MINUTES OF JANUARY 9,, 1984 PAGE 39 SECRETARY HOARD. The next appeal is appeal number 1537: Appeal of William S . Downing III for an area variance under Section 30 . 25, Column 11 (minimum required front yard setback) and Section 30 . 57 ( requirements for a Certificate of Occupancy for a change in use) of the Zoning Ordinance to permit conversion of the single-family house at 607 East Seneca Street to a two- family dwelling . The property is located in an R-2a ( residential one-and two-family dwelling) use district in which the proposed use is permitted; however, under Section 30 . 57 of the Zoning Ordinance an area variance must be obtained for the deficient front yard setback before a building permit or Certificate of Occupancy can be issued for the conversion . MR . DOWNING ' My name is William S . Downing ., the third,, I live at 700 Stewart Avenue in Ithaca. Essentially what I am talking about here - I ' m changing a portion of the use of the house - the garage area and a portion of unused storage space to an effer.iency apartment . The parking is adequate,. I have more than adequate spaces for parking . The only thing that I don' t conform to as far- as potential use for this is the setback - the house sets back approximately 11 and 1./2 feet from the sidewalk . Twenty five feet if the present zone . There is obviously no way I can move the house . The character of the neighborhood is such that there are very few buildings that can conform to that kind of present day requirement . Most of the buildings in the area are in fact - with two exceptions - are in fact duplex or more units . Few of those conform to the setback- requirement so it would not be. out of character with the area . There were only two BZA MINUTES OF JANUARY 9., 1984 PAGE 40 people in the area that live in single family houses, one of them is in fact Our ex-mayor ' s father . He offered to come and support my potential use . I didn' t think: it was necessary so I didn ' t have him come down so the building is in keeping with the character of the area and the only deficiency is that one . MR . BOOTH. Would you say again what you are going to do with that house? MR . DOWNING: I want to have an efficiency apartment in it - in the back: section of the house which comprises ars unused storage area basically and the garage . And then . . . MR . BOOTH: But the original house will have the same number of bedrooms as it has now? MR . DOWNING : Yes . The original house - basically the only thing being touched is the back. porch area there that is .just filled with junk and garbage among other things . MR . BOOTH: So there is no building in the front of the house of any kind? MR. DOWNING: No., none at all . In fact from the street there will be none noticeable to the dwelling . MS . BAGNARDI : And no additions at all? Just enclosing the area? MR . DOWNING : No additions , MS . BAGNARDI : Separate entrance? MR . DOWNING : Absolutely . CHAIRMAN WEAVER: Any other questions? Thank. you . Is there anyone else who wishes to be heard on this matter? Do I hear a motion? BZA MINUTES OF JANUARY 9, 1984 PAGE 42 The Board considered the appeal of William S . Downing III for an area variance to permit conversion of the single-family house at 607 East Seneca Street to a two-family dwelling . The property is located in an R-2a use district in which the proposed use is permitted; however an area variance must be obtained for the deficient front yard setback: before a building permit or Certificate of Occupancy can be issued for- the conversion . MS . BAGNARDI : I move that the Board grant the area variance requested in appeal number 1537 . MR . TOMLAN: I second the motion . FINDINGS OF FACT : 1 ) This use would not affect the character of the neighborhood . 2) Adequate off-street par-king is available on-premises and in the area . 3) Practical difficulties have been shown in complying with the front yard deficiency . VOTE : 6 YES; 0 NO GRANTED BZA MINUTES OF JANUARY 9, 1984 PAGE 43 SECRETARY HOARD: There are other- eases that are on the agenda; appeals numbered 1538, for- 329 - 331 North Geneva Street was withdrawn this mourning by the appellant, appeal number 1539 for 227 Willard Way - no action was taken on that by the Planning Board so it is held over to the February meeting . Appeal number 1540 for 200 W. Seneca Street and appeal number 1-2-84 for 200- 204 West Seneca Street have been been withdrawn by the appellant . Appeal number- 1541 for 315-317 College Avenue was postponed by the appellant earlier this evening which gets us to appeal number 1542 : Appeal of David Schoefphel for a use variance under- Section 30 . 25, Column 2 (permitted uses) of the Zoning Ordinance: to permit the use of the property at 622 Cascadilla Street for an automobile rental agency . The property is located in a B-2a (business, office, and retail ) use district where automotive related businesses are not a permitted use . The appellant must obtain a use variance before a building permit can be issued for- the new building and a Certificate of Occupancy can be issued for the proposed use . JUDGE CLYNES : This is Mr . Mel Bartlett who did appear with Joanie Harmon before the Planning Board and he is the agent of the appellant . I hand you the affadvit of service . . . SECRETARY HOARD, Could you identify yourself for the record? JUDGE CLYNES : Yes., James J . Clynes, Jr . , Barb . , Treman 8 Clynes represent the petitioner . MR . BARTLETT : My name is Mel Bartlett and I will be the General Manager of Budget Rent-A-Car in Ithaca . RZA MINUTES OF JANUARY 9, 1984 PAGE 44 JUDGE CLYNES : Okay . I am filing the - and ask: that it be marked -the affadavit of ser-vic:e on the necessary adjoining land owners . I don' t see anybody here_ And a copy of the letter that went to all of those people and a copy went to them prior to the Planning Hoard meeting and none of them did appear . Although I wasn' t there,. I understand the only comment was by Alderman Romanowsk: i - one of his: constituents made some comment which Mrs . Harmon satisfied. It probably would be in order., Mr . Chairman if my client--with the drawings prepared by an architect-outlined what we propose to do with the area in question on Cascadilla Street . For those of you who aren' t familiar with it, it ' s a vacant lot and it is south of VG' s on the easterly side of route 13 and it has the same problem that VG' s does, namely, State fencing so the only access is from Cascadilla Street . CHAIRMAN WEAVER: Judge, may I interrupt ,dust a point of procedure here . I read on the appeal form that there is an asking for- interpretation and then a request for a variance . JUDGE CLYNES : Yes . CHAIRMAN WEAVER' And it is my experience that if we try to handle them in total there is some confusion over the issue . So the question of interpretation is., it seems., essential to the continued telling us about the project . JUDGE CLYNES : I only received the papers recently and I asked my associate the same. question. The answer I got - I think that the only thing before the Hoard is not the interpretation but ,just the variance. Is that right Commissioner? BZA MINUTES OF JANUARY 9 , 1984 PAGE 45 SECRETARY HOARD: I believe there is a question of interpretation whether- that kind of use is a 0-2 type use which is primarily retail or if it is an auto related type use like auto service and sales which would not tie permitted in this zone . JUDGE CLYNES : Well as I said, I am only recently in it and the only thing I thought we were going to do - prior to me reading these papers was ,just not too long ago they arrived from Rochester - was the zoning variance itself . CHAIRMAN WEAVER: Well you see if we talk: about the interpretation there i. - on the same property - there has been a question of whether - what uses are appropriate for the business zone. And as I recall this is a B-2 zone and the listed uses on the map and whether what you propose to do - not what you propose to do but the character of your business is properly described in a B-2 or not . Or whether in fact its auto related and is a repair , storage., sales facility as shown in B-4 . JUDGE CLYNES : I ' ve got that . CHAIRMAN WEAVER : I refer you to the two for your perusal now before we proceed because if that ' s a question and we decide when we come down to granting the variance, we need to know whether it is an approved use or not an approved use and whether they are talking about a use variance or any deficiencies that it may have for an area variance basis . JUDGE CLYNES : I ' m not sure I ' m with you - I came prepared on one thing and I ' m . . . BZA MINUTES OF JANUARY 9 . 1984 PAGE 46 CHAIRMAN WEAVER : Well alright, let me ask the question another way . Are you prepared to argue for a use variance based upon hardship and the other proofs of . . . JUDGE CLYNES : Yes CHAIRMAN WEAVER: Alright . JUDGE CLYNES : That is the only thing we are talking about . MR . BARTLETT : I believe that is what it is . JUDGE CLYNES : That ' s what I thought . MR . BARTLETT : That ' s it . My understanding, if I could ask a question is that - and maybe I can clarify a little bit - I think I understand what you say because I ' ve been involved in this personally for the last three and one-half months . Is that the definition of an automobile rental center or- automobile rental business is different than being a "gas station" or service facility where the public is coming in and having their vehicles serviced and - whatever the case may be - and so therefore.. I believe - when I originally talked with the Commissioner about putting a rental business on this piece of property - he said that we would have to look into it and that ' s what we decided - coming - that we couldn' t have a building permit because we needed to come before the Planning Board and then come before the Zoning Board and that was my understanding of it . Okay . Now the internal workings of what you are talking about - I understand the difference - I believe - between a variance and a use permit and I think: that what we are looking for is to be. able to use the piece of property for a Rent- BZA MINUTES OF JANUARY 9 , 1984 PAGE 47 A-Car business . Okay? CHAIRMAN WEAVER: Well, I ' m going to stay with this for a minute . As I read your application and as I read the denial of the building permit and the requirement that you get a use variance as indicated under 3 on page 2, you are asking for a use variance . Okay? JUDGE CLYNES : Right . CHAIRMAN WEAVER: Proceed . JUDGE CLYNES : Okay . Back to our map . MR . BARTLETT : This is the lot on the corner of Cascadila and Route 13 and one of the reasons . . . MS . FARRELL : Could you stop for a minute" I am real confused about - on this little map, which is the property . . . . is it the one that says Wallace Steel? MR . BARTLETT : It is the one that says Wallace Steel . JUDGE CLYNES : It is directly across from Purity . MS . FARRELL : Okay, I know exactly where it is . MR . BOOTH: On the north side of Cascadilla? MR . BARTLETT : Yes . JUDGE CLYNES : I had been by that property for years and never realized that it was there until this came up . MR . BARTLETT : Basically across the street from the Purity Ice Cream . What our idea with this plan is to put our facility in the corner as this visibility on both sides and also one of the things that we found in this piece of property as Judge had said before., was that the front piece of property has a state fence on BZA MINUTES OF JANUARY rd, 1984 PAGE 48 it along the Meadow Street side . Along the little corner piece that is Hancock Street - that is Hancock. Street that comes out on the other side there. That has a state fence of which - in talking with a number of people and talking to the real estate people and talking with different people in Ithaca also, too, that it is very tough to get use allowed of state property - for coming onto their property . Alright'` So we could have like a through entrance onto Route 13 which is a hardship for us in that aspect but it also works in the sense of - its a better traffic control coming out onto C:ascadilla Street with a traffic light here for- in and out - business-wise . Okay, so we are not affecting any traffic: that comes along on route 13 or Cascadilla Street because of the traffic control at the corner . Number two . our business is not a high traffic: business . JUDGE CLYNES : Let ' s talk: about the business . We are talking about a budget rent-a-car . We' re talking about primarily parking spaces and a proposed building of . . . . MR . BARTLETT : 32 ' x 54' . JUDGE CLYNES : At the corner . MR . BARTLETT : On the corner as it is shown on the . . . JUDGE CLYNES : And gasoline tanks on the property - they would do nothing but service the budget rent-a-car czars . Budget rent-a-car have a system where they pick people up and deposit them at places . In other words., they don' t do it here . If somebody comes in on a $ : lO plane., they pickk, him up at the airport and they take them to the air-port- Is that right? BZA MINUTES OF JANUARY 9., 1984 PAGE 49 MR . BARTLETT : Yes . This building would be used for servicing and the only real traffic: that would be in it would be my employees who would be going to pick: up somebody and bring them back. to rent the car . There: isn' t really any other cars that would be traffic flowing through this office other than our own fleet cars and that ' s why., as you can notice, the parking as it is set up on the piece of property here is that these are double spaced because they are riot for general use . These are for our own purposes to put our own vehicles in here so we can maximize our room for- putting our fleet in there on the piece of property . MS . FARRELL : I have a question . It says parking for thirty-nine ears and you are talking about twenty rental cars, is that it? MR . BARTLETT : No, ma' am . MS . FARRELL : You are talking about thirty-nine rental cars? MR . BARTLETT : Yes, ma ' am . MS . FARRELL ' Okay , then what about employee parking, is that included there too? MR , BARTLETT : Well., yes, ma' am. That would be part of it be- cause in understanding the rental czar business it ' s - the rental cars are riot sitting there all at one time - that ' s part of the business., okay? So., therefore,, the rent that - the parking fa- cilities - number one, is, we are talking about starting out with a fleet of twenty cars, okay? So there would be more than enough room for three employees as I ' ve designated in there -to have - this is - we figured on the lot to maximize for the number of cars that we could have . BZA MINUTES OF JANUARY 9 , 1984 PAGE 50 MS . FARRELL : So thirty-nine is the maximum? MR . BARTLETT : Thirty-nine is the maximum amount of cars, yes . The rent-a-car business - it ' s: not a high traffic type business in the sense that we do most all the transporting ourself of people and the reason for this service, and I think this is what - I think: that if maybe I ,just went and put an office on it with no service facility, it might be within your, ,jurisdictions but the thing is in servicing our own vehicles , in washing them, and cleaning them and vacuuming them out and getting them ready for the next customer - okay that is part of our business - so therefore that is why we have the washing service bay - that ' s, I guess., where we get into being headed under "service facilities" . MS . BAGNARDI : The drawings don' t indicate any kind of signage - do you propose to have any signs on the building indicating what business you are in? MR . BARTLETT : It is a Hood question - I was asked that at the Planning meeting . Yes we would like a sign, okay., but we are to a point where we will accept whatever the Board - whatever is allowed for signage . We have - there is a number of signs avail- able us - you see, Budget Rent-A-Car is a franchise, okay? So therefore we have the ability to have any amount or sizes of signs that are allowed in the area . MS . BAGNARDI : To conform to area standards? MR . BARTLETT : Yes, to conform to area standards . And whatever is available in this area will conform to it, that is why I haven' t gone any further- with signage on this plan either, okay , RZA MINUTES OF JANUARY 9, 1984 PAGE 51 because I was basically coming forward, also at some time , to ask what was available, at that point, too, and then we will totally conform to that . MS . BAGNARDI; How many hours will you be open, twenty-four hours? The Judge mentioned something about 9 ' 00 at night, you are going up and picking up . . . MR . BARTLETT : No, basically . . . JUDGE CLYNES ' That was a wrong statement . I was thinking of Florida because I use Budget in Florida and they pick me up at 9 : 00 . MS . BAGNARDI ' You mean they won' t pick: you up in Ithaca at 9 : 00 o ' clock? MR . BARTLETT : Yes we will . General hours of the business will be from 8: 00 A. M. to probably 6 ' 00 P. M. Clk:ay . That will be gen- eral hours . We will also meet any and all reservations that are made through our world-wide reservation system. Or anyone who may be flying into Ithaca any time . If someone comes in - the flights at your airport run - I believe the latest flight - the last time I looked at it, two weeks ago, was about 9 : 30 at night . So if we have somebody who makes a reservation for us at 9 : 30 at night, we' ll pick: them up at the airport - we are not open - the doors won' t be open for general people to walk: in off the street if that happens . MS . COOKINGHAM: You mentioned servicing of things like gasing the cars, washing and so on - are you planning to put any major servicing - would you be doing brake ,jobs and things like that? BZA MINUTES OF JANUARY 9, 1984 PAGE 52 MR . BARTLETT : No, none whatsoever . As a matter . . . MS . COOKINGHAM. Would you ,just run over the servicing that you would be doing? MR . BARTLETT : Yes . We would wash a car ., okay . JUDGE CLYNES : Your own . MR . BARTLETT : Check the my own czar , no . JUDGE CLYNES : No, your fleet cars . MR . BARTLETT : I ' m sorry - yes, our- own fleet cars, okay, would be washed . Back. from a rental, okay, the standard procedure would be to wash them, vacuum it, check under, the hood for all the fluids, oil, and so forth., any deficiencies would be taken care of . . . the only thing that we would actually do in the service area, okay, would be to maybe change a tire, if we had a flat tire on a car- - change the oil on the car . Everything else go through a major- dealership where the czars were bought and I was talking with a gentleman last week at your Goodyear Dealership., I believe . It is right up the street here,, across the street from route 13 about servicing vehicles for anything major, that has to do with br-ake work: or anything like that . But you have to also understand the nature of the rental business is that most of the time these are brand new cars that they are usually fifteen or twenty thousand miles at the topmost . One of the things that is put forth in our fr-anchise agreement is that we cannot have a car- that is over- eighteen months old in our fleet or over 50, 000 miles, okay? I have to - you snickered - I under- BZA MINUTES OF JANUARY 9, 1984 PAGE 53 stand okay, because I ' ve been around rent-a-car business for almost twelve years., okay., so I know what you are saying . That ' s what ' s proposed to us and we try to keep it,, that way . It ' s tough with the cost of doing business but we try to do that nowadays, okay, and stay that way and so therefore we don' t run into any- thing like major engine. ,jobs or anything like that which we would not handle our-selves anyway . I won' t even really have a "mechanic" I would have a clean-up person and a car jockey, okay, to pick: up a per-son and bring it back: - do thbt type of situation more than anything else . Any other questions I can answer for you? I am kind of new at coming before JUDGE CLYNES : I had asked Bruce Cook: to be here - I guess he did appear before the Planning Board but this property has been on the market since 1969 . It is a vacant lot and it has been the subject - a matter of two hearings., one in ' 69 and one in ' 81 before this Board . Other items - it is curious that the ' 69 denial was for a restaurant which is now permitted, so times do change . Bruce and Forest City have had the property listed over five years to no avail as far as any use of it and it seems too bad, you know, this property - even though there is no access off 13 it is in the middle of our town - it ought to be put to some use. You could put a hotel there but we are not proposing that . Why don' t you tell them a little bit more about the building - how big is the building? MR . BARTLETT ' It is 32 ' x 54 ' - it is a two-bay building, single story, we are trying to keep it in looking of the neighborhood BZA MINUTES OF JANUARY 9, 1984 PAGE 54 and stuff like that and it will have an entrance with this - what we mark: as "sales" is where the contracts, and so forth will be written and so forth, in this area for people who come in to Rent-A-Cars and stuff, with basically two offices, one will be mine and the other- will be a working office of - you know - for the staff and things., to do paper work: and stuff . MS . BAGNARDI : Where are the gasoline pumps? MR . BARTLETT : Gasoline pumps - we haven' t put forth to be any place specific . That is another point - we are kind of looking towards the governing body for- ( unintelligible) right . This is only for- private use of the fleet cars - it is not for sale to the general public: or anything like that so there will be no traffic on that and there will be only the people who work for me too - will be the only people who will be using . . . MS . BAGNARDI : But will they - you don' t know where they are going to be located? MR . BARTLETT Not specifically, no, we haven' t designated the exact place for them yet . SECRETARY HOARD : How do you plan to screen the property neighboring? MR . BARTLETT : Well , we've talked about a couple of different ways . Whether or not to use a shr-ubber-y situation - a natural shrubbery hedge along the back or go along with something of the nature of - not a stockade fence but a fence that would tend to be looking nice along the back: of the piece of property so it doesn' t affect the neighbor-s in any way _ I ' ve also been in the BZA MINUTES OF JANUARY rd, 1984 PAGE 55 nursery business: and I like arbor-vitae to put arborvitae in places that can stand up and make rice column along the back and stuff . We haven' t come up with a final plan because number one, we don' t own the property yet - it all hinges on all the different per-mits and so forth that we need so therefore we really haven' t come to an end point with everything that comes up here . That ' s one of the reasons: for- not having any for- putting in specifically for greens and like that . CHAIRMAN WEAVER: In that general plan, however, you plan to depend upon the state fence that is on the west and north . . . MR . BARTLETT : Yes sir . JUDGE CLYNES : That planting, I believe, problem came up at the Planning Board and I think: the statement was made - if it becomes a real problem of the Board of Zoning Appeals or the Planning Board., we would abide by whatever type of plantings - whatever you felt appropriate . MR . BARTLETT : We are not cast in stone at all about anything in this situation other- than that the basic - as it is shown with the floor- plan of the building and the site plan - that ' s pretty standard with what we want to do at this time . We' ve tried turning the building different ways and stuff like that and this seems to be the best for our, needs at the time . MR . BOOTH: Has anybody ever proposed building a house on that lot? JUDGE CLYNES : Not to my knowledge . I had my secr-etar-y get the records of the Commissioner of the two variances which were for a BZA MINUTES OF JANUARY 9. 1984 PAGE 56 restaurant in ' Cliff and in ' 81 a bulk. storage plant - whatever you call it . Both of them were turned down. That ' s all the record shows . Well the broker had it listed for over five years for whatever reason and they haven' t come up with anything so I don ' t know whether that ever- entered their deliberations or not . MR . BARTLETT , I think: the usage for the piece of property - it ' s the perfect size for what we are looking for and it ' s also an excellent point for us to be at for being able to service the City of Ithaca and also to service the airport situation also, (unintelligible) with access to route 13 and with access to coming into downtown on the different routes that come down into this area . The reason we picked downtown basically as opposed to any other place is we - Budget Rent-A-Car- started out as a local Rent-A-Car business years ago and they have found over the years -and we found in doing business in cities that local business is a very major part and it is one that - you know - sustains the business of the Rent-A-Car business . This is why we wanted to be kind of close to the heart of the city but yet not being obstructing to any other buildings around it or anything like that . MS . BAGNARDI : Across the proposed property in question - across from C:ascadilla - there are vacant lots across the street . MR . BARTLETT : No ma' am . . . that ' s . . . MS . 6AGNARDI : How many houses are there? MR . BARTLETT ' I believe that there are like four or five that go down that row - I believe that most of them are one family BZA MINUTES OF JANUARY 9 , 1984 PAGE, 57 dwellings, okay., that go down on the other side of Cascadilla there and - here again., we are not tieing open to bother them with any type of traffic late at night or- anything like this MS . BAGNARDI : Olid they have to notify all of these neighbors? MR . BARTLETT : Yes we did . SECRETARY HOARD : That was the . . . MS . FARRELL ' Can I see that - wherever- that is? MR . TOMLAN: What king of lighting do you anticipate on . . . JUDGE CLYNES : They were notified of the Zoning Board too . MR . BARTLETT : We haven' t gone any further on that either, sir, because if - if we put a - I think: if" there is one - if I ' m not mistaken, I looked at it last week: .and I believe that there is two street lights, okay. on Cascadilla and then on Hancock Street there is one right on the corner of - I think: it is VG ' s property - which is now Mr . Moses Peter Insurance and really I don' t see a lot of other need for lighting other than maybe something off of the building in a spotlight sense to cover, maybe you know, off the building this way - to cover this - it won' t be like putting up shopping lights - we aren' t going to flood the area or anything like that - because of the fact and one of the reasons I thought about that at a great extent one of the reasons being not really needed for- that is the fact that you do have this state fence which quar-ter-s off it from any type of vandalism or like that and alone this edge along here is a sidewalk that runs along here . MR . BOOTH. Have you had specific information from the State of BZA MINUTES OF JANUARY 9, 1984 PAGE 5.8 New York that they won' t allow you to cross that fence? MR . BARTLETT : Specific? No sir . MR . BOOTH : Ever made any inquiries? MR . BARTLETT : Myself, no . JUDGE CLYNES : I have, for VG' s and the same problem and the answer is "no" . MR . BARTLETT : What the answer is, my understanding is on this - is that the state does not give this type of right-of-way for insurance reasons because if you come out across their property and there is a problem with their easement across their property - it becomes an insurance problem. This is the biggest thing that I understand the problem is on it . MR . BOOTH: Why does Purity have access then? JUDGE CLYNES : Why does Purity? MR . BARTLETT : It probably was in - it was a curb cut years ago and it was never . . . JUDGE CLYNES : The answer to the taking for- Route 13 I believe, was primarily on that side of the road so the remnants of Purity is beyond the taking where the taking wasn' t over on this side of the road, when they did 13 . CHAIRMAN WEAVER : I cart further clarify that . The City used to have a right-of-way for Hancock Street that continued on Cascadilla and that was a right-of-way that I think was not finally granted to private ownership until after 13 essentially settled this as far as the Engineering was concerned . So that that break there has quite a long history even though it may be BZA MINUTES OF JANUARY Ci, 1984 PAGE BCS new mortar - it was an extension of Hancock: . The question here that Bette asked about neighborhood and Bette, on the map I asked today about the shape of the slice of property that we are looking at and whether that coincided with the map on the northeastern edge - the 199 ' edge _ . . and it was the opinion of Mr . Meigs that the drawing was designed to conform with the dimensions of this property - that it is riot - so looking at the neighborhood regardless of the present occupancy of the land on the corner of Cascadilla and Route 13 , that that is about a 100 ' strip along Meadow Street in depth that is - that increases on the north side of Cascadilla to accommodate this 126 ' dimension of Cascadilla Street in the business tone . So even though there is residential property across the street from it., a very little bit of the southeast corner is across from residential properties -residentially zoned properties . Okay? I ' m trying to clarify that almost everything across the street from it is zoned business . MS . FARRELL : Although it ' s - okay - there is houses there . Okay, so what you are talking about then is this part - then - is residential . . . CHAIRMAN WEAVER. Is residential but it is actually - (unintelligible) off about here . MS . FARRELL : I see . This is residential . CHAIRMAN WEAVER : It ' s - yes . MR . BARTLETT : The one with the "X" ori it right behind the . . . MS . FARRELL : This one? BZA MINUTES OF JANUARY 9.. 1984 PAGE GO MR . BARTLETT : That right there - that is a vacant lot . There is no houses on it - it looks like a gentleman has had a garden - some floral stuff in there for years or something . It sort of seems to me because the lot after it now is where the house is - this side . MS . FARRELL : But does he own that lot? That vacant lot? MR . BARTLETT : I ' m not sure . I don' t know, MS . BAGNARDI : You don' t know who owns it? CHAIRMAN WEAVER: It is immaterial - it is toned residential . MS . FARRELL : It is zoned residential , right . CHAIRMAN WEAVER: R SECRETARY HOARD : R-3 . CHAIRMAN WEAVER: Pardon me, R-3 . MS . FARRELL : Can I ask a question - I ,just don' t get it about this fence . Why is this: fence here? Is there more land over here that it fences off? CHAIRMAN WEAVER: Yes, there is quite a distance between the highway and the fence . JUDGE CLYNES : In fact there is, quite a bit . MS . FARRELL : Okay . MR . BARTLETT : I believe it is roughly twelve feet when I measured it at one point . The lard actually goes further out before the actual curb is on route 13 - that is what it is . MS . FARRELL : Okay . CHAIRMAN WEAVER : Is there any demonstration other than the fact that Forest City has had this property listed for a period of BZA MINUTES OF JANUARY rd . 1984 PAGE 61 time to indicate that the property cannot be used economically for the use that is approved in the business zone? MR . BARTLETT : I believe I didn' t do the exact arithmetic on it but if I ' m riot mistaken the - in order to have a restaurant or convenient market or some of the others that are allowed a hotel -a bowling alley, an auditorium - a club or lodge or private center - a retail store - the site - the actual square footage on the lot - in order to have for- your parking facilities - it wouldn' t be allowed under- the B-2 because of the unique shape of the lot . That ' s the problem that I see in other- people dealing with this lot . We can deal with it because of the fact that our parking facilities - if I ' m not mistaken you require two parking spaces for- every 250 square feet of building which comes to fourteen par-king spaces for our size building . I don' t know if a grocery store or something - a bar or anything else could be put in that size of building and then be put into that lot . I ' ve shown thirty-nine cars parking but if this was a public convenience parking type area you would take out probably most of the second line of parking here - this line of parking over on the easterly side., okay, because you don' t usually double park in a retail store . This parking was made available strictly for our own fleet cars and we have no need to have to worry about people turning out and the actual size of parking spots allowed by law, or allowed by the Ordinance., I should say . MR . BOOTH : You are claiming that the lot is too small to provide for another commercial use? BZA MINUTES OF JANUARY 9, 1984 PAGE 62 MR . BARTLETT ' Yes . What I am saying, sir , is that I think that is what it is - understanding businesses and stuff, I ' m not saying that that ' s east in c:onc:rete either - I am just saying that in my understanding the rules and regulations and my understanding of business there isn' t a lot of uses for- that piece of property under the B-2 - under- what is allowed under B-2 . CHAIRMAN WEAKER: I ' d like to comment on that., in fact, there is a pr-oper-ty acr-oss Hancock. Street that is similar- properties locked away from Route 13 by the state right-of-way and it ' s access is up Hancock: Street . The use there would be anything listed in B-2 but also would allow uses that are approved by anything up the line on your- map - B-1 and . . . JUDGE CLYNES : If we are talking about the same property, I think what we are proposing would be all right on that property but it was recently sold, unfortunately . Or we wouldn' t be here . And I think: it was Alderman Romanowski pointed out that that same subject property that something ought to be done with some of these things because that property has been an economic; disaster -hopefully it would be alright for the purchaser- but KG' s went broke and the fish place went broke - without having access to route 13 . We ar-e talking about a commercial - strictly commercial establishment without the access on Route 13 - it ' s tough - that ' s why I think. this is ideal the type of operation we are talking about . MR . BARTLETT : bur business doesn' t require the actual access on BZA MINUTES OF JANUARY 9., 1984 PAGE 63 Route 13 to make it a viable business . It is not - the point being is that the piece of property is more centrally located than if you come back. off Route 13 in a couple of blocks or anything like that - for visibility ( unintelligible) but not so much for having access to the neighbor coming off Route 13 . MS . FARRELL : How often will gasoline be delivered to the gas pumps? MR . BARTLETT : Well., for nine years I ran Budget Rent-A-Car in Syracuse., New York and we had a delivery once every month and a half and that was with a fleet of 175 czars . CHAIRMAN WEAVER: What was that, 4, 000? MR . BARTLETT : Yes sir . JUDGE CLYNES : What are you talking about, the tank? MR . BARTLETT : Yes . MS . FARRELL : Did you talk: about lighting - about whether- or not this would be lit up? MR . BARTLETT : Yes, we haven' t proposed any exact lighting for the business right at the moment because we haven' t gotten that far with all these different points . The other- thing is that on Cascadilla Street., if I ' m not mistaken, there are two street lights adjacent to the property right here and over on Hancock Street - there is one over here and here again with having the fenced in lot with two sides to start out with and this back side right now - right now this back: side is basically tree lined with some larger trees which I believe - I ' m not sure exactly which side of the fence they fall on, okay? But this being the back BZA MINUTES OF JANUARY 9, 1984 PAGE 64 side of the property and then this is the front side of entrance and exit - I ' m not worried about the lighting - the only thing that it would probably do with lighting is put a spotlight on the building to aim this way - but there wouldn' t be lighting like parking lot lighting in there or anything to disrupt the neighborhood and keep them awake at night , or anything like that . MS . COOKINGHAM: You are not going to have anybody on premises? MR . BARTLETT : Not twenty-four, hours, no ma' am. CHAIRMAN WEAVER: Are there any further questions from the Board? Anything you would like to add? Alright,, thank you. MR . BARTLETT : Thank you . CHAIRMAN WEAVER: Unless• the reporter wishes_: to respond here - is there anyone else who wishes to speak: on this matter? ( no one) BZA MINUTES OF JANUARY 9,, 1984 PAGE 65 The Board considered the appeal of David Schoefphel for- a use variance under Section 30 . 25., Column 2 of the Zoning Ordinance, to permit the use of the pr-oper-ty at 622 Cascadilla Street for an automobile rental agency . The pr-operty is located in a B-2a use district where automotive related businesses are not a permitted use; therefore a use variance must be obtained before a building permit can be issued for the proposed use. The decision of the Board was as follows : MS . FARRELL '. I move that the Board consider- a car- rental use to be closer to a B-4 use than a B-2 use; therefore the Board will determine that this is not an accepted use in a B-2 zone . MR . TOMLAN: I second the motion . VOTE : 6 YES votes: UNANIMOUS MR . TOMLAN: I move that the request for- a use variance in appeal number 1542 be granted with the following conditions attached: 1 ) That the perimeter of the lot be buffered and screened with evergreens on the eastern ( residential) side of the property . 23 Although this is an auto related use that is proposed, the use does not bring in the usual auto related repair activity, such as would a gas station, nor the high volume traffic , noise, BZA MINUTES OF JANUARY 9., 1984 PAGE 66 odor . etc . that is indicated in a B-4 use and therefore it is the Board' s intention to limit the granting to this specific use . Any other auto related use would require another variance . FINDINGS OF FACT : 1 ) The property ' s dimensions make it unique in the area . 2) The property is surrounded by other parcels owned by New York State and the adjoining County thoroughfares so as to make its access difficult . 3) The requested use will not adversely affect the character of the neighborhood . 4) There is ample parking to accommodate the business . 5) The testimony indicates and the record before the Planning and Development Board indicates that the property has been listed for sale for a period of over five years which would further indicate that financial hardship exists in finding a suitable and acceptable use of this property . VOTE , 3 YES; 3 NO DENIED FOR LACK OF 4 AFFIRMATIVE VOTES . 67 I , BARBARA RUANE, DO CERTIFY THAT I took the minutes of the Board of Zoning Appeals, City of Ithaca, New York, in the matters of Appeals numbered 1-1-84, 1535, 1536, 1537, and 1542 on January 9, 1984 in the Hall of Justice, 4th floor Court Room, 120 E. Clinton Street, Ithaca, New York; that I have transcribed same, and the foregoing is a true copy of the transcript of the minutes of the meeting and the action taken by the Board of Zoning Appeals, City of Ithaca, New York on the above date, and the whole thereof to the best of my ability. Xj LV�d—' 4U— Barbara UBarbara C. Ruane Recording Secretary Sworn to before me this It day of 1984 Notary Public JEAN J. HANKINSON NOTARY PUBLIC, STATE 0;NEW YORK No. QUAL(-IED IN 70` ''iilCfS COUNTjS MY CJF,".:.'.; lC.i EXPH, 3 MARCH 30,19._ I