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HomeMy WebLinkAboutMN-BZA-1984-06-04 BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK JUNE 4, 1984 TABLE OF CONTENTS PAGE APPEAL NO. 1566 Cascadilla School (John Kendall) 2 226-230 Dryden Road APPEAL NO. 1566 Action of the Board 15 APPEAL NO. 1567 Earla Glasgow (no one showed to present this case) 328 West Seneca Street APPEAL NO. 1568 Ithaca Moving and Storage (U-Haul) 16 343 Elmira Road APPEAL NO. 1568 Action of the Board 29 APPEAL NO. 1569 Greg Norkus 30 409 East Lincoln Street APPEAL NO. 1569 Action of the Board 32 APPEAL NO. 1570 Edward and Doris Austin 33 981 Cliff Street (.1O4. Williams Glen Road) APPEAL NO. 1570 Action of the Board 37 CERTIFICATION OF RECORDING SECRETARY 38 APPEAL NO, 1571 W & B Supply Company (Withdrawn by Appellant) 618 West State Street BZA MINUTES OF JUNE 4, 1984 PAGE 1 BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK JUNE 4, 1984 CHAIRMAN WEAVER: I ' d like to call this meeting to order . We have been delaying here waiting for our sixth member and I have every confidence that she will show up if I read the necessary introduction to the opening of this meeting, it may help her get here . First of all, this is a formal meeting of the Board of Zoning Appeals of the City of Ithaca . The procedure that we fol- low is in accordance with the Ordinance' s of the City of Ithaca, namely the Zoning Ordinance . The order procedure is that we call each ease as it is listed in a formal notice and ask for the ap- pellant and anyone who wishes to speak: in support . Following that, anyone who wishes to oppose . And upon hearing all inter- ested parties, the Board then takes the matter under considera- tion - takes action., including findings of fact . Our proceedings are somewhat informal - we don' t swear witnesses., we do limit testimony to people who are either residents or owners of proper- ty within the neighborhood in which the property under considera- tion is positioned. We are bound by some rules that were formal- ly adopted by this Board and are in printed form available in the event that we have to quote the rules if there is a discussion over the propriety of our- procedures . I ' d like to introduce the members of the Board : JEAN COOKINGHAM BETTE BAGNARGI MICHAEL TOMLAN TRACY FARRELL RICHARD BOOTH BZA MINUTES OF JUNE 4, 1984 PAGE 2 CHARLES WEAVER, CHAIRMAN THOMAS D. HOARD, BUILDING COMMISSIONER 9 SECRETARY TO THE BOARD BARBARA RUANE, RECORDING SECRETARY The first .::ase tonight,. Mr . Secretary . SECRETARY HOARD: The first case is appeal number 1566 - 226-30 DRYDEN ROAD The appeal of Cascadilla School for an area vari- ance for deficient setbacks for one side yard and the rear yard under Section 30 . 15., Columns 12 and 14 of the Zoning Ordinance, to permit the conver- sion of the existing structure at 226-30 Dryden Road to a dormitory and school . The building has two residential units plus a legal nonconforming retail use/home occupation . The property is loca- ted in an R-3a ( residential, multiple dwelling) use district in which the proposed use is per-mit- ted; however , under Sections 30 . 49 and 30 . 57 the appellant must obtain an area variance for the listed deficiencies before a building permit or certificate of occupancy can be issued for the conversion . CHAIRMAN WEAVER: One thing that I omitted in my instructions is that each person► who wishes to go on the record., must come up and share one of these two seats and speak to the microphone so that their testimony will be accurately recorded in the event there is some question about it in the future we' ll have a tape on it and we need to have you introduce yourselves and your connection with this case . MR. f'ATTE ; Mr . Chairman and members: of the Board, my name is George Patte, I ' m an attorney with the appellant., John Kendall, this evening - who represents Cascadilla School and he is seeking this area variance , His: plans are directly in conjunction with school uses up at Cascadilla and his present land, of course, joins this particular Flight property . We think: we car► demon- BZA MINUTES OF JUNE 4 > 1984 PAGE 3 strate for you practical difficulties if he were not to have an area variance . We' d like you to know - I don' t intend to make long remarks, but we think: it is important that you know that he has signed a contract to purchase the Flight property but there is a condition attached to that contract that he be granted the area variance so he can go ahead and make the appropriate use of the property , I note in passing that the property to him be- comes not particularly attractive in the event that, of course, he cannot use it for the school purposes . So, obviously in terms of our point of view., a lot does hinge on this . Mr . Kendall has some remarks prepared to outline for you what the intended uses are and where the deficiencies ienc ies in the side and rear- yards are and can explain - he has a map to show you. I would, if I could, Mr . Chairman, I would like to ask: of a realtor who I expect to see here, although I do not see him right now - a few questions about effect on market value if the variance were not to be granted -after Mr . Kendall speaks . CHAIRMAN WEAVER ' Proceed . MR . KENDALL : I ' m John Kendall and I ' m President of the Board of Trustees up at Cascadilla School . Cascadilla is non-profit edu- cational corporation that has been in Ithaca - chartered back: in ' 39 - currently chartered by the State of New 'York: . My father has been here since 1946 and I ' ve been at the school, myself, since 1968 . Currently I live across the street on {.summit Street., which is the back: entrance to the Flight property and briefly - in other words what I would like to do is go through what Cascadilla BZA MINUTES OF JUNE 4, 1984 PAGE 4 School is interested in doing with the property and I included for everyone a couple of maps . One., in other words., showing the Flight property the way it sits on the particular pr-oper-ty and, as you will see., in other- wards, the building - if it was maybe straightened out on the property - there would be no problem with the required amount of feet - either- on the side or the back. of the property . As a matter of fact., in the very back: c:or-ner- there - there is not too much more than a couple of feet or so . The school is asking that you allow us to use this as a dormitory with the intention that we ar-e planning in the neat year to con- vert part of this property to a school usage and this school us- age would be - what we are thinking of right now as a pr-e-school for- the Collegetown area and this pre-school would be -on the second page there - in the new addition to the Flight property which was added in 1967 , The entrance would be right off Summit Street - Summit Avenue - okay - on the city map it is now called Summit Street but this one happens to call it Summit Avenue. We feel we can provide - in other words - adequate parking for - in other words - the uses of the property - we own across the street - on Summit Avenue we own the street - both sides of the street and also a private parking lot across the street from it . We have in the vicinity of twenty to twenty-five parking places right there on Summit Street and for the school at 116 Summit and the Boy' s Dor-mitor•y at 201 Oak., we use little more than fifteen of them right now., so we would have somewhere in the vicinity of six to nine extra parking spaces to provide for the building and BZA MINUTES OF JUNE 4 , 1984 PAGE 5 the school itself at 116 also has a large vacant lot in back: that we are thinking of using as kind of the recreational play area that would go along with the school . I guess the best thing at the moment is to leave it open for- questions that maybe I can answer- about the property or what we are planning to do with it . CHAIRMAN WEAVER: To further clarify the parking question., our wor-ksheet shows that you propose to meet the requirements but it doesn' t show what the requirements are. You said you have six to nine in excess of your requirements? MR . KENDALL : We have - on the second sheet as you look at it here that I kind of put together rather quickly - presently at 116 Summit Street we have approximately fifty students that go to Cascadilla School and we have about eight employees . According to wheat Tom laid out for- us last week; . we kind of estimated this as being four spaces being involved for the employees and five spaces for- students . We have - also the proposal includes that the pr-e-school might have as many as two employees - two full time employees which would include another parking place . A max- imum of thirty students - although it is probably to be mare likely - in other words, to begin in the area of being r-un - be fifteen to twenty or twenty-five. From there, in other- words., there is in the building, in other- words a residential apartment in the olden section of the building - this,, in other- words, is the other- two parking spaces that is laid here so that roughly., in other, words., our estimate would be that we would need, accord- ' ing to city code., about fifteen spaces and within five hundred BZA MINUTES OF JUNE 4, 1984 PAGE 6 feet of the Flight property - the Flight property is supposed to have three spaces , maybe, that could be counted on it and we have another- twenty-one to twenty-four spaces within five hundred feet right there on Summit Street . CHAIRMAN WEAVER: You' ve given me such a good answer I don' t know whether you have responded to my question . My question., of the two of you here is.. what is the par-king requirement if the variance is granted for this use - for- that property - for 228? SECRETARY HOARD: Six additional spaces . CHAIRMAN WEAVER: Six . And you say that you have six at 116 that ar-e in excess of the requirements? MR . KENDALL : We have anywhere fr-om six to nine that ar-e in excess at 116 and 201 . CHAIRMAN WEAVER . I ' m trying to simplify things - you wouldn' t believe it would you'! If the Board is inclined to grant the variance and it were gr anted as a conditional variance that the par•k:ing be provided somewhere else., I don' t see us making a resolution quoting "somewhere else" but rather- someplace specifically and that that space be dedicated to the use. So if you have six at 116? MR , KENDALL : We have six at Summit Street . CHAIRMAN WEAVER: Yes but ar-e they at 116 or- 201? MR . KENDALL : The spaces I think: , that would be most convenient to set aside would be the ones that are located at 201 Oak: which is the Boy' s Dorm that has the Oak: Avenue address but the building is the first hundred or hundred and twenty-five feet of BZA MINUTES OF JUNE 4., 1984 PAGE 7 Summit Street on the north side . MR . PATTE : Could I make an -interjection here on the parking? My understanding is that a little chart has been prepared which I assume you all have in front of you - is that fifteen spaces is what is needed for current as well as the proposed use. He has twenty-cane to twenty-four so he has six to rine more than required . I ' m not sure that . . . CHAIRMAN WEAKER: Well my problem is that if we grant a variance it will be to this property and not to all the holdings . MR . PATTE : Right . CHAIRMAN WEAKER: And if they are going to be off premises I need to know where they are going to be rather than to say on Summit Avenue somewhere, it seems to me that would be pretty hard to enforce at some future date . Nothing in the granting of these prevents the sale of any of these properties and a variance goes with a property and if you sell one and not another., you might sell parking spaces and not the property that is granted the variance. So if it is going to be conditional., I repeat myself., I know, but we need to know what parking spaces you are providing -where they are, okay? MR . KENDALL : I think to answer it the best I can - the three spaces that are on the Flight property - three more in addition could be set aside for- the Flight property . It would be vertical parking - by this I mean parking that would be - if we took: a It►c►k: at the map,, you have tt►e right-of-way that comes out to Sum- mit Street, right there, okay? You see the line of Summit Street BZA MINUTES 4F JUNE 4., 1984 PAGE a coming out here . The school has four vertical parking places witt► a retair►ing wall of railroad ties and that area right there that is on Summit Street would provide three or, four• additional parking places: that would provide the Flight property what it needs . CHAIRMAN WEAVER: Any question►s• from the Board? MR . BOOTH: If you were allowed to convert this only to a dor-mitor-y and not a dormitory and eventually classrooms., what difficulty would that cause you? MR . KENDALL : Basically the difficulty that would be involved is number one isolating the school from the dor•mitor-y part of the building with a masonary wall and extending the sheetrock wall up from the first floor•., up to roof level and then, in other wor-ds, getting a building code variance from the State of New York: on one nor►-permitted - I don't know whether, I am saying it right or not Tom - non-permitted type thine that is involved with the structure . MR . BOOTH, What if we allowed you to use that building only as a dormitory" The reason I raise the question is., I ' ve been wondering about the interpretation of the Ordinance . You ar-e proposing the building be used both as a dormitory and for a school . The Orrdinance czar► be inter-pr-eted - I ' m not suggesting that it has, to be interpreted - has a square footage r-equir-ement for each use.. I ,lust want a clear answer- - if you ar•e only able to use the building as a dormitory, what difficulty would that impose? BZA MINUTES OF JUNE 4., 1984 PAGE O MR'. , KENDALL : That I think: would add significant difficulty in the fact that the real pur-chase of the property for C.ascadi'lla School and what is put into the purchase offer, is the fact that it can be used as a school . MS . BAGNARDI : You currently have fifty students r-egister-ed? MR . KENDALL : Right . MS , BAGNARDI : You hope to have an additional thirty? MR . KENDALL : We hope to have an additional thirty . MS . BAGNARDI : That would be thirty students? MR . KENDALL : Right . MS . BAGNARDI : How do you limit parking for that thirty students? You have a total of eight spaces for those students - they ar-e all high school students? MR, KENDALL : All high school students and in the past - in other words - we have always given par-king., number- one, to teachers - whatever- is left over- is available for- students., primarily to Ithaca High School students who come up for the first two hours in the morning to pick: up courses in math or science or- things like this and then who can use the cars for retur-ring . Basically it is our policy that most of our own kids are not permitted., in other words, cars . MS . BAGNARDI : If they are boarding students? MR . KENDALL : Boarding students are not permitted ears., right . MS , BAGNARDI : So it is primarily Ithaca High School students? MR . KENDALL : The par-king places would be primarily Ithaca people who come to C:asc:adi l la part time that they ar-e used for cur-rent ly BZA MINUTES OF JUNE 4, 1984 PAGE 10 MS . BAGNA.RGI : What ' s the percentage this past year of Ithaca students as opposed to boarding school students? MR. KENDALL : It varies a little bit from semester to semester . Currently there is twelve students who are attending both Cascadilla and Ithaca High School , MS . BAGNARQI : Thank you . CHAIRMAN WEAVER: Further questions ! Thank: you. Any further statements? ' MR . PATTE : I did have the realtor - I think: Mr . Anagnost is here. Could I ask: him to step over in terms of the value of the property? MR . ANAGNOST : I ' m sorry I ' m late., but I would also like to speak: about the variance . ' CHAIRMAN WEAVER: Come on up so it will be on the r-ec:orrd . Pull a 1 chair out of the front row there . MR. ANAGNOST : I ' m Chris Anagnost., I ' m a realtor- and a long time resident of Collegetown . My business address is 304 College Ave- , nue. I ' m here speaking on my own behalf and also on behalf of Mr . Paul Anderson who owns a property within two hundred feet of the proposed building the Cascadilla School is buying. I manage this property for him as he lives in Chicago and, of course, could not be present this evening . The property he owns is a seven unit apartment hoarse of low density - there are a total of rine occupants and it was formerly owned by Isabelle Larkin - it is a very well-maintained property that attracts mostly graduate students and people who are teaching assistants at Correll . We BZA MINUTES OF JUNE 4, 1984 PAGE 11 have a professor who is finally leaving after being a resident for some eighteen years at this property. I would like to see the var-iance granted to Cascadilla School because I would like to see the day care center- be a part of the neighborhood that is rapidly losing its neighborhood characteristics and I don' t want to see intense development of non-supervised dormitor-ial living . Somebody who buys that property would probably use it for- some kind of a group house . The more group houses and the more in- tense use of the properties in the Collegetown area, the less it attracts graduate students and people who ar-e there - who want to live there in a neighborhood that is adjacent to Cor-nell . They aren' t going to be there long enough or- can' t afford to buy pr-op- erty in the adjacent area but would like to rent apartments close to Cornell as possible and I ' d hate to see the concentrated situ- ation that we have right in Collegetown itself., at the crossroads of College and Linden Avenue creep up on Dr-yder► Road . So on that basis I would like to see that the variance be granted to Casca- dilla School, both for the day care center and for- the supervised dormitory . MP . PATTE : May I ask. Mr- . Anagnost a few questions? CHAIRMAN WEAVER: Sure go right ahead . Mk. PATTE : As a r-ealtor., ar-e you familiar with property values in the Collegetown area? Mfg. ANAGNOST : 'Yes I am, I feel I am. MR. PATTE : I take it you are familiar, specifically with the Flight property? BZA MINUTES OF JUNE 4, 1984 PAGE 12 MR. ANAGNOST . I have not been in the property but I am familiar with the property . MR . PATTE . Is it., .just as a gener-al proposition - assuming that there is an area deficiency in the yard - front and side yard or front and rear yard, as to the setback r-equir-ements., assuming that the variance were not gr-anted so that that would restrict use to perhaps what is there right now - do you have an opinion whether that would affect the value of that property if it were put on the market? MR . ANAGNOST ; I have a feeling that nobody else would buy it and use it the way it is without requiring some kind of change from what is there - I don' t think it would become a piano sales showroom again. It would probably have a limited use and I think whoever- bought it would have to make some kind of special arrangement and it would probably have to go for a variance . MR.. BOOTH : Why is it limited? MR. ANAGNOST : The site of the showroom - I don' t know what else you could do with that pr-oper-ty - I mean - a commercial purpose is really not very mood because there is very little off-street parking there. Someone would either- buy it for- offices or- for- dor-mitor-y space or convert it to apartments . They will need some kind of off-street parking and a variance . It is very limited - you have to provide that parking within five hundred feet . Another thing - it is absolutely impossible to (unintelligible) the value - I think: the variance would be r-equir-ed., am I right ( unintelligible) unless they use the same use that is there right BZA MINUTES OF JUNE 4, 1984 PAGE 13 now 1 SECRETARY HOARD: In almost every ease., yes . MR . ANAGNOST : I can' t - when that situation - we are limiting the use therefore limiting the buyers who can be found to purchase it and that has an affect on (unintelligible) MR. BOOTH: Could it be converted to a multiple family dwelling? MR, . ANAGNOST . 1 believe it could be but that would require off- street . . . . MR . BOOTH: I understand that., I am asking you as a Real Estate person , MR . ANAGNOST : Oh, of c:our-se. I think: in that location., certainly . CHAIRMAN WEAVER' Further questions? Thank: you very much. Is there anyone else who wishes to speak: in support of this application? Ino one) Is there anyone who wishes to speak: in opposition to this application? SECRETARY HOARD: We do have a letter to read into the record. "Board of Zoning Appeals., 108 East Green Street., Ithac:a., New York: 14850 Dear Sirs : This is to support the application of Cascadilla School for a variance concerning 226-230 DRYDEN ROAD so that they may use the property as a dormitory and school . I have owned property on that block: for about 13 years and I can not see any way in which their- proposed use would be detrimental . Indeed., the Cascadilla School helps provide diversity in the area and is otherwise a legitimate business and service in the neigh- borhood. The alleged deficiencies in side and rear setbacks and BZA MINUTES OF JUNE 4., 1984 PACE 14 the alleged deficiency in lot size could not possibly make any difference and are properly ignored . I urge you to approve the application of the: Casc:adilla School . Very truly yours., /s/Jason Fane" CHAIRMAN WEAVER: There being no one further to speak: on this issue, do I hear a motion? BZA MINUTES OF JUNE 4, 1934 PAGE 15 The Board considered the appeal of C.asc:adilla School for an area variance for deficient setbacks for one side yard and the rear yard under Section 30 . 25, Columns 12 and 14 of the Zoning Ordinance, to permit the conversion of the existing structure at 226-230 Dryden Road to a dormitory and school . The decision of the Board was as follows : MS . FARRELL , I move that the Board grant the area variance requested in appeal #1566, conditioned as follows : that the six additional parking spaces required be dedicated at 201 Oak Avenue to use for this property , 4 MR . TOMLAN: I second the motion . FINDINGS OF FACT : , 1 ) The use is permitted in the zone . 2) The use is consistent with the character of the area. 3) In order, to comply with the deficient rear yard and side yard setbacks it would be necessary to more the building ; thus practical difficulties have been demonstrated . VOTE : G YES., 0 NO GRANTED WICONDITION BZA MINUTES OF JUNE 4, 1984 PAGE 16 CHAIRMAN WEAVER: We' ll have the next case please. SECRETARY HOARD: The next ease is appeal number 15+57, 328 WEST SENECA STREET : Appeal of Ear-la Glasgow for an area variance for deficient off-street parking under Section 30 . 25, Column 4 of the Zoning Ordinance, to permit use of one unit in the two-unit house at 328 West Seneca Street for a home occupation (hair- cutting studio) . The property is located in art R-3a ( residential, multiple dwelling) use district in which the proposed use is permitted; however under Section 30 . 57 the appellant must obtain a variance for the deficient parking before a Certificate of Occupancy can be issued for the home occupation . CHAIRMAN WEAVER: Ms . Glasgow here? SECRETARY HOARD: Is anyone here to represent this case' (no one) The next appeal is appeal number 1558 - 343 ELMIRA ROAD Appeal of Ithaca Moving and Storage for a use variance under Section 30 , 25, Column 2 of the Zoning Ordinance to permit extension of the business use into the rear yard and to permit an addition to the rear of the building at 343 Elmira Road (U-Haul) . The addition and extended use would extend into the R-2a ( residential-one and two-family dwellings) use district which runs between the Elmira Road B-5 (business) use district and Spencer Road . The existing and proposed use is permitted in the B-5 use district and under Section 30 . 30 thirty feet into the R-2a use district, but not in the remainder of the R-2a zoned property . Under Sections 30 . 40 and 30 . 57 the appellant must obtain a use variance before the business use can be extended farther into the R-2a district, and before a building permit can be issued for the building addition or a Certificate of Occupancy issued for the expansion . MR. COOLBAUGH: Mr . Chairman, Board, my name is Clair Coolbaugh, I manage the property at 343 Elmira Road, Ithaca Moving and Storage. In lieu of the views of the residents of Spencer Road BZA MINUTES OF JUNE 4, 1984 PAGE 17 my addition to this: is: that we do close off the right-of-way which runs from the Elmira Road to Spencer Road eliminating all traffic: in that residential district - also - absolutely no use at all - no use at all of this right-of-way - seed it and put grass in it . CHAIRMAN WEAVER, I know this question was asked of you by the Planning Board but the need for additional building there - why can' t it be met in conformance with the Ordinance? MR. C:OOLBAUGH: Because the toning line runs right directly straight through the building . CHAIRMAN WEAKER: I know,, and an addition on the rear would be in violation but you are a long ways back: from the highway and it appears to me there is some room for addition other than out back . MR . COOLBAUGH: Yes sir ., in putting an addition in the front of the building., the current use of the building is also to repair and maintain the vehicles that we now repair and maintain. In order to get those vehicles into the same building, we would still have to go through the front of the building or completely tear down the building to put in the doors - to put the doors in the back: of the building . It would simply be easier and more economical to put the addition on the back: of the building - put the repair and the maintenance out there and using the front of the building as the show room for- the expansion of the tool ren- tal agency . You car► plug a hole easier- than you can make a new one, basically . BZA MINUTES OF JUNE 4 , 1984 PAGE 18 MR . BOOTH' Is the cur-rent business reasonably economically feasible as it now exists? Are you in danger of going out of business it this variance is not granted? MR. COOLDAUGH: No sir- . The only danger that I could possibly see because this is - as the c:or-por at ion expands into this tool rental items., the tools are shipped to us by truck - we unload them there - going out of business., probably not . Probably relocation yes . MR. TOMLAN: Have you considered any other manner- of enlarging the building aside from front or- back, to either- side? Or- any other kind of addition? MR. COOLBAUGH: To the west of the building is the creek: which is impossible to build over- the creek: . To the east of the building there is appr-oximately forty feet to the cor-ner- of the Salvation Army which would put us in violation of that section. The back: was the simplest and easiest way to go . The structure would be literally unseen from the front, where from the front the addition would look: probably horrendous . MR . BOOTH: How would it look from the people in the back? MR . COOLBAUGH: To the people in the back., it would look: no more than an extended roof that is what they see now. The back is completely protected by shrubbery . It is a slant roof off the roof that is there now . ( unintelligible) CHAIRMAN WEAVER: Further questions? Alright, thank: you . Is there anyone else who wishes to speak: in support of this application? Come on over here . BZA MINUTES OF JUNE 4, 1984 PAGE ltd MR . ROMANOWSKI : My name is Bob Romanowski . I am one of the First Ward Aldermen . I ' d like to read just a short letter which I will leave with the Board. "As a First Ward Alderman., I would like to express my opposition to most encroachments of a business use into a residentially zoned neighborhood . The increased noise., traffic and visual impact from such encroachments all have a very profound negative impact on the people living in these neighborhoods and affect both their safety and enjoyment of their homes . However, in this particular instance., the people in this neighborhood are willing to make a compromise. If Ithaca Moving and Storage, Inc . will agree to block off the nine foot right-of-way and further agree to not use it either, ( 1 ) as a storage and./or parking area., and ( 2) a means of entrance and egress., said conditions attached as part of the variance ( if issued)., then the affected area Spencer Road neighbors will withdraw their opposition to the proposed addition at the rear of 343 Elmira Road (U-Haul) , Sincerely., /s/ Robert S . Romanowski" Now there might be some additional information coming from some of the other, neighbors but as one-half of their representatives I ' d like to put this to the Board . Thank you. CHAIRMAN WEAKER: A question. When You allude to the neighbors, is there a Civic: Association there or is this an informal gathering of . . . . MR . ROMANOWSKI : This is an informal gathering of the people in the radius most greatly affected by - or to the rear and on 1 Spencer Road of where this nine foot right-of-way and where also BZA MINUTES OF .IMINE 4 , 1984 PAGE 20 fronts on to thein or- to the hack: of thein pr-oper-ty. MS . COOKINGHAM: How many people? MR . ROMANOWSKI : I have spoken myself to approximately seven households . MS . BAGNARCII : Immediately adjacent? MR . ROMANOWSKI : Yes . MS . BAGNARDI : The rear- properties? MR . ROMANOWSKI : Yes . MS . COOKINGHAM: And all seven have agreed to this? MR . ROMANOWSKI : For the most part they ar-e right here, right now and I believe if any of them wants to speak., they will . MS . COOKINGHAM: Could we ask: for those names? CHAIRMAN WEAVER: Yes and some of the neighbors ar-e here so - do you have a list of those names with your- letter? MR , ROMANOWSKI : No., I do not but I could probably get them to you real quickly . Most of the people I talked to ar-e right here in the audience right now . CHAIRMAN WEAVER. Well . we will given them an opportunity . Alright., well thank: you and you' ll leave your- letter- with us? MR . ROMANOWSKI : Yes . Thank you . CHAIRMAN WEAVER: I originally called for- anyone who wanted to speak: in support of this application. If there is a conditioned approval, I would now listen to those who wish to speak: in opposition. So., any one of you., ,just come forward and identify yourself as to who you are - have a chair . MR. MAUBOUSSIN: My name is Alain Mauboussin and I am the son of BZA MINUTES OF JUNE 4, Ig84 PAGE 21 Mr . Jean Mauboussin, who is crowded by this U-Haul business . Entirely from the side of the street which he has: an access which has been loaded with parked tr-ucks on numerous occasions and also fronting the entire back yard of the U-Haul business . We are the only pr-oper-ty really fronting the back: of this business . Now we agree., of cour-se, on the precondition of closing that particular nine foot section bordering the side of the property but in the back: of the property I think: we should go a little bit fur-ther- because of, I don' t know if you ar-e faced with probably a good hundred trucks in that neighbor hood., the diesel fumes., the noise, netting in and out of that par-ticular area is quite annoying . So that a variance up there., you know, for- our protection - I think: there should even be thirty foot section dimension there should be upheld or- at least that they have some type of planning for a real huge wall because the property is slanted approximately thir-ty degrees going up and, of course, we net the benefits of these fumes and the sight - facing down, of all these trucks . I think that about covers all of our main objections . CHAIRMAN WEAVER: Can you identify your- properties? We have a map - each of us has a map here showing the alley . . . MR. MAUBOUSSIN: Right along side the brook and . . CHAIRMAN WEAVER: North of the brook? MR . MAUBOUSSIN: Right - we ar-e right along side of the brook: - on the left hand side where that nine foot right-of-way is - all along there, On the other- side is the brook . CHAIRMAN WEAVER. Why don't you show Mr . Tomlan on the map . BZA MINUTES OF JUNE 4, 1084 PAGE 22 MR . MAUBOUSSIN: So there is the brook:., so here is our, property over here (pointing to the map) (unintelligible) by one hundred and fifty . MR . TOMLAN: Immediately inside the "L" MR . MAUBOUSSIN: (unintelligible) we have two sides,, okay? All along the side of the rine foot right-of-way - all the way to the business: and all the way in the back: - one hundred fifty feet across . MR . TOMLAN' Charlie - back here. That is their frontage. MS . BAGNARDI : That is Karl and Elsie Root coming back: here . MR . TOMLAN: Right . MS . BAGNARDI : Okay . MR . BOOTH: How often is that right-of-way used, at the present time? MR . MAUBOUSSIN: At the present time it is cleared up . Apparently with Ithaca College and Cornell ( ur►intelligible) why everybody has left,, so the area is quiet at the moment . But I remember last year coming in - I was there to cut the hedges for my father and they were ,just leaded - I couldn' t ever► get through the other• side - they were (unintelligible) loaded - park:ed . . . MR . BOOTH: In the right-of-way? MR . MAUBOUSSIN: Yes . MS . FARRELL : So they had ,just parked all the trucks along there? MR. MAUBOUSSIN: All the trucks . They use that as a par-king - parking along side the There is no gate between of course you' ve got the other one hundred fifty feet facing BZA MINUTES OF JUNE 4, 1984 PAGE 13 directly the garden of the property really - without any separation. The only separation we have is the fence (unintelligible) SECRETARY HOARD, Mr . Mauboussin, will you be careful to speak: directly into the microphone? CHAIRMAN WEAVER; Speak: directly into the microphone. MR . MAUBOUSSIN: The only fence that we have right now is the little six, f'oot fence that my father put up a couple of years ago I guess , and that ' s it - f'or one hundred fifty feet and like I said - you can imagine the (unintelligible), also the terrain it is approximately a thirty degree slope and if you are looking straight clown to that business - the way it is, - so it is quite an eyesore., to start with,, ,just the way it is . Thank: you. CHAIRMAN WEAVER: Are there questions from the Board? Alright, thank: you very much. Is there anyone else who wishes to speak? Yes, come forward . MR . BRANCATO: Good evening . My name is Vito Brancato., I live on 548 Spencer Road., several houses down from the U-Haul property . I guess what I would like to say is one., that basically what we are interested in as residents., is preserving our neighborhood. My wife and I have been living there f'or the last seven years and in that time,, we have had to face quite a few problems with the increased traffic and noise. I ' d like to say., one, that as far as using that driveway as a means of getting into the U-Haul place and leaving - that is something that we cannot tolerate. We have the safety of our children and ourselves to think: about . BZA MINUTES OF JUNE 4, 1984 PAGE 24 The other thing that I would like to point out is that when I read Mr . Romanowsk:i ' s letter - at that time I didn't realize that this back extension was on residential property so I would ,dust like to say that that part of the letter I - myself and several other people (turned the tape over at this point and missed a few words of Mr . Brancato' s testimony) . What we basically don' t want to happen is to set some sort of precedent for this type of thing which happened in the past . lust to give some examples . Ten years ago Empire Building 'Supplies on Spencer Road had just a driveway on 'Spencer Road . Right now Spencer Road is its main entrance,, okay!' And that has expanded tremendously . Other than that we ' ve got Cutting Motors just this last - oh, several months ago., maybe during the summer., I don' t remember, bought some property on Spencer Road - tore down a house - and I feel that if this is allowed, the U-Haul expansion, that it would clear- the way for Cutting Motors to expand onto Spencer Road, we' ve got Nichol Block and Brick and it would clear the way for that expansion, Gown toward the far end of the road, we' ve got Zik:akis Chevrolet, we' ve got all these businesses on Route 13 and what we are - that are sort of inching away at our- neighborhood. My back: yard is adjacent to Wood Motors . There was a time when Wood Motors., well I guess it was Wood Motors, not R.ipleys, wanted to have that entranceway of thein property from 'Spencer Road . What I 'm saying is., ,just that we would like to preserve our neighborhood . MS . FARRELL I have a question. You are not pleased with the BZA MINUTES OF JUNE 4., 1984 PAGE 25 right-of-way but you also would not be pleased with expansion of the building? MR . BRANCATO: Exactly . MS . FARRELL : So it wasn' t like., for you, a trade-off? MR . BRANCATO, No., I don' t think: we can afford it . And at the time of reading the letter I didn't realize that this extension was actually on residential property . CHAIRMAN WEAVER: Thank: you. Any further questions`' Thank. you . Is there anyone else who wishes to speak: in opposition to this application? Come forward . MS . SMITH: Hi . My name is Liz Smith, I live at 513 Spencer Road and I ' d like to comment on the traffic problem since I don' t live right talose to the U-Haul back: entrance - I don' t think: it is fair for me to really give my opinion on whether this addition is right . They are the ones who have to look at it., not me. I bear the brunt of the traffic . Our house is situated very close to the road. I am very concerned about a back: entrance and exit for them - I ' m totally against it . Our neighborhood has already been very abused by so-called improvements on Elmira Road that were detrimental to Spencer Road residents and I would like to ask: for your help - to help us maintain the integrity of our neighbor- hood. It is a residential area, the state park: is at the end of the street so we get a lot of joggers, bicyclers, kids, cats and dogs . I think you can help us by setting a positive precedent for this variance here as one of my neighbors cited, there are future possibilities of other businesses wanting this sort of BZA MINUTES OF JUNE 4., 1984 PAGE 26 variance and I think if you act in a positive manner this time., it will help us in the: future. I ' d also like you to help assure us that this pian proposed would be in our best interest . You know the legalese end of it a lot better than we can - I hope you can help us see any potential pitfalls or oversights that there may be in that . I think you can also help us by acting as an intermediate between a very large corporation and a small bunch of neighbors here. And I think that if this plan is enacted and the variance is granted, I would like you to help us make sure that what Mr . Coolbaugh guarantees will happen, does happen , that we shouldn' t have to worry - we shouldn' t always have to look for trucks coming in there and making sure that the grass is planted and so I would .lust like to ask: for your help and keep our neigh- borhood in mind. Thank you . CHAIRMAN WEARER: Thank you. Is there anyone else who wishes to speak? Come forward . MR. OSTRANDER: I am Allan Ostrander, resident and owner of 550 Spencer Road. I ' m too far down the road (unintelligible) to hear, that the immediate things concerning what adjoins this proposed things of the extension of the building or anything like that wouldn' t mean much to me. Certainly I am opposed to having them use that driveway for- entering and exiting , For one thing., it is the type of a business when somebody comes there who rents a truck to do something - now nine years ago I moved from New Jersey up here to Ithaca and I did just that - I rented a truck: ., I ' m not used to driving, I got the largest size truck BZA MINUTES OF JUNE 4, 1984 PAGE 27 that they had with an automatic transmission because for years I had used the other kind. Now., you are sitting up higher ,, it is a wider cab, you have to get used to it . You can, yes, but you are not going to do it in the. first fifty feet - you are coping with this truck:., you are trying to get out of there going yip and it is a steep incline and in turning off from it and you are getting going and I think: it is a bad traffic: situation for the people on the street - if people happen to be going by - getting used to it -they may be competent drivers but still just getting used to that type of thing and it will add to the traffic . Five years now I have been at this location and traffic: does increase. And incidentally, mention was made of the fact that Ripley Motors - some years back - I don' t remember when - wanted to make a driveway, CHAIRMAN WEAKER: Mr . Ostrander., I would to interrupt you because the only matter before us tonight is the question of these people putting an addition on thein building and . . . MR. OSTRANDER, It is not the - getting in and Out of the place? CHAIRMAN WEAKER: If that is granted conditionally, it could become a matter., but I say that the only matter before us is the building . Thank: you very much. Is there anyone else who wishes to speak on this matter? MRS . BRANCATO: Yes, I would . CHAIRMAN WEAKER: If you talk: back there we won' t have it on the record . MRS . BRANCATO: My name is Francies Brancato, I live at 548 BZA MINUTES OF JUNE 4., 1984 PAGE 18 Spencer Road. I have: lived there for- seven years and it always is a matter of becoming a situation - this is the third time I ' ve been in this meeting at Common Council, trying to protect my home, my trees., my yard. I work, I pay pr-oper-ty tares and I am tired of always defending my children and my neighborhood and it ' s as if noone lives there. The city is very concerned with its business., but I haven' t seen that concern. We ar-e always here fighting and I think: that it has to end . There has to come a point where the neighbor-hoods and the children of the city mean something . We almost had a child killed on the road - it took me two years to get a sign. If this building and this roadway come through., we will be looking for- other pr-oper-ty, not in Ithaca. And I think: you are sending the middle class out of the city. You are staying only the pr-ofessor-s and only the wealthy can live in Ithaca. We ar-e working class people and we want a neighborhood . Thank you . CHAIRMAN WEAVER, Is there anyone else who wishes to speak:? There being no one further- to speak., do I hear- a motion? BZA MINUTES OF JUNE 4, 1984 PAGE 29 The Board considered the appeal of Ithaca Moving and Storage for- a use variance under Section 30 . 25, Column 2 of the Zoning Ordinance to permit extension of the business use into the rear yard and to permit an addition to the rear- of the building at 343 Elmira Road (U-Haul) . The decision of the Board was as follows : MS , C:OOKINGHAM: I move that the Board deny the use variance requested in appeal number, 1568 . MR . BOOTH: I second the motion. FINDINGS OF FACT : 1 ) The appellant has riot demonstrated arty significant financial hardship . 2) The neighbors in the adjacent residential area have expressed opposition to granting this variance . 3) There was no significant reason given by the appellant that the expansion could not be done at the front of the property . 4) The request would seriously impact on the livability of the abutting residences because of noise and air- pollution . VOTE : 6 Yes; 0 No DENIED BZA MINUTES OF JUNE 4., 1984 PAGE 30 CHAIRMAN WEAVER: Shall we !-year- the next case please? SECRETARY HOARD: The next case is appeal number- 1569., 409 East Lincoln Street : Appeal of Greg Norkus for- an area variance for deficient lot size, deficient lot width, and deficient setbacks for the front yard and both side yards under Section 30 . 25, Columns 6, 7, 11, 12, and 13 of the Zoning Ordinance to permit a second-story addition over a portion ` of the one-family house at 409 East Lincoln Street . The property is located in an R-2b (Residential, one-and two-family) use district in which the use is permitted; however under Section 30 . 49 an area variance must be obtained for the listed deficiencies before a building permit can be issued for the addition. MR. NORKUS: I ' m Greg Norkus., property owner, and the appellant and I ' m ,just applying for an area variance so that I can extend the vertical addition at the rear of the house over- the existing first story to enlarge the living area of the house which my family is beginning to aut�3row. I ' ve enlisted some comments from my immediate neighbors - I ' ve got thein signatures on a document which stays that they have viewed the elevation and the floor- plans and they have no objections to what I plan to do on my property . CHAIRMAN WEAVER: Is that in letter- form or . . . . MR . NORKUS : It is in a typed out form, I could leave this petition , CHAIRMAN WEAVER: If you will please . MR . BOOTH: You will simply be adding a second floor over the existing portion - you are not going to be extending any of the MR. NORKUS : No. The area that the house occupies on the lot BZA MINUTES OF JUNE 4, 1984 PAGE 31 will not change . CHAIRMAN WEAKER: Any further, questions? I thank; you. Is there anyone else who wishes to speak in support of this application? (no one) Anyone who wishes to speak: in opposition to this application? (no one) Cho I hear a motion? BZA MINUTES OF JUNE 4, 1984 PAGE 32 The Board considered the appeal of Gregory X. Nork:us for an area variance for deficient lot size, deficient lot width, and deficient sett►ac:ks for the front yard and both side yards under Section 30 . 25., Columns 6., 7., 11., 12 and 13 of the Zoning Ordinance to permit a second-story addition over a portion of the one-family house at 409 East Lincoln ':street . The decision of the Board was as follows : MS . COOKINGHAM, I move that the Board grant the area variance requested in appeal number 1569 . MR. BOOTH : 1 second the motion. FINDINGS OF FACT : - 1 ) Practical difficulties in complying with the Ordinance were shown by the appellant., because it would require moving the building . 2) This change would not adversely affect the character of the neighborhood . 3) The proposed renovation► will not exacerbate present non-conforming aspects of the building . VOTE : 6 YES; 0 NO GRANTED BZA MINUTES OF JUNE 4, 1984 PAGE 33 CHAIRMAN WEAVER: We' ll have the next case please. SECRETARY HOARD: The final case is appeal number- 1570., 981 Cliff Street : Appeal of Edward and Doris Austin for an area variance for deficient lot size and front yard setback under Section 30 . 25., Columns 5 and 11 of the Zoning Ordinance, to permit the addition of a small apartment within the existing one-family home at 981 Cliff Street . The property is located in an R-1a ( residential, one-family) use district where an accessory apartment is permitted.; however • under Section 30 . 57 the appellants must obtain an area variance for the listed deficiencies before a building permit or a Certificate of Occupancy can be issued for the apartment . CHAIRMAN WEAVER: Yes sir . MR. AUSTIN: My name is Edward Austin., I am one of the co-owners of the mentioned property . We are interested in having a three room apartment in our basement in part of the area that is now presently used as recreation room. CHAIRMAN WEAVER: Can you describe some difficulties with leaving it as is? MR . AUSTIN: There is no particularly difficulties in leaving it as is but we would like additional protection. We hope to spend more time this year in Florida or some other place and we feel that some built-in protection in the way of a tenant would be very helpful and useful . MR . TOMLAN: So what you ar-e saying is the apartment will be used by someone who will live there year around? MR . AUSTIN: That is correct., assuming a graduate student or a BZA MINUTES OF JUNE 4, 1984 PAGE 34 working couple - something like that - but not more than two people . MR . BOOTH: Is Williams Glen Road a public road or a private road? MR . AUSTIN: It is a city street . CHAIRMAN WEAVER: Can you describe the sequence of events on the street - or the non-street - becoming a city street - which is first? MR. AUSTIN: 'des . At the time - the house was there before the street . At the time we bought the property, the address is 981 Cliff Street - we built the property - the house - then it was a private drive - Williams Glen Road, at that time., was a private drive. Since then it has, been taken over- by the city - it has become a city street and town road. There is only two parcels of land - three totally - in the City of Ithaca, Williams Glen Road and then it becomes the Town of Ithaca, further on north. When we built the house, it was: a private drive to the remainder of the properties on Williams Glen Road but we chose to number- our house as 104 Willians Glen Road . MR , BOOTH: That is what confused me . MR . AUSTIN: I beg your pardon? MR . BOOTH: That is what confused me . MS . COOKINGHAM: I couldn' t find it . MR . BOOTH : I found it . MR . AUSTIN. I think there is a certain connotation to Cliff Street and Williams Glen Road seems to sound a little bit better . BZA MINUTES OF JUNE 4, 1984 PAGE 35 CHAIRMAN WEAVER: You haven' t got this thing listed have you? MR . AUSTIN: No . CHAIRMAN WEAVER: So the city., in taking the right-of-way, in order to approve this; for- adequate width and to deed it to a city street, r•equir•ed the adjacent property owners to deed in part or- a share of the property . . . . MR . AUSTIN' A share of the pr-oper-ty., yes . I believe you have a map there indicating the dimensions . At the time that we built the pr-oper-ty we obviously got a ( unintelligible) built the property in 1972, the house and we had a building permit at that time to construct the property. At that time the lot was Sufficient -sufficient rear yard., and so on to meet the qualifications or requirements . MR . BOOTH: Have you actually deeded part of your lot., then, to the City, was that the . . . MR. AUSTIN: No sir ., we' ve never deeded it to the city - they have taken it . MR . BOOTH: Oh, they took it? MR . AUSTIN: That ' s right . MR . BOOTH: You no longer own it? MR . AUSTIN: I assume I don't . I did not deed it to them. I consented to their- taking it . MR. BOOTH. Olid they condemn it and take it? MR . AUSTIN: No. Do I have a case? MR . BOOTH : Not my ,job . CHAIRMAN WEAVER: Further questions? Thank: you. Is there anyone BZA MINUTES OF JANE 4., 1984 PAGE 36 else who wishes to speak in support of this application? (no one) Anyone who wishes to speak in opposition to this application? (no one) Do I hear a motion? BZA MINUTES OF JUNE 4, 1984 PAGE 37 The Board considered the appeal of Edward is Doris Austin for an area variance for deficient lot site and front yard setback under Section 30 . 25, Columns 6 and 11 of the Zoning Ordinance to permit the addition of a small apartment within the existing one-family home at 981 Cliff Street . The decision of the Board was as follows : MR , BOOTH: I move that the Board grant the area variance requested in appeal number- 1570 . MR , TOMIAN: I second the motion . FINDINGS OF FACT : 1 ) The proposed use is a permitted use in the district and is compatible with the character of the area. 2) The existing deficiencies in terms of yard depths create a practical difficulty which could not readily be alleviated. 3) The deficient size of the lot is as a result of the creation of a public road in this area., following the building of this single family home and the taking of a certain square footage of this property is a condition which the owners cannot now remedy . VOTE : 6 YES; 0 NO . GRANTED - 38 - 3 , BARBARA RUAME, DO CERTIFY THAT I took the minutes of the Board of Zoning Appeals, City of Ithaca, New York, in the matters of Appeals numbered 1566, 1568, 1569, 1570 on June 4, 1984 in the Common Council Chambers, City of Ithaca, 108 East Green Street, Ithaca, New York, that I have transcribed same, and the foregoing is a true copy of the transcript of the minutes of the meeting and the action taken of the Board of Zoning Appeals, City of Ithaca, New York on the above date, and the whole thereof to the best of my ability. Barbara C. Ruane Recording Secretary Sworn to before me this day of 1984 J Notary Public JEAN J. HANKINSON NOTARY PUBLIC, STATE OF NEW YORK No.55-1660800 QUALIFIED IN TOMPKINS COUNT MY COh1,'ISSION EXPIRES MARCH 30,19