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HomeMy WebLinkAboutMN-BZA-1984-09-10 BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK SEPTEMBER 10, 1984 TABLE OF CONTENTS PAGE APPEAL NO. 1577 WILLIAM DOWNING, III (NO ONE SHOWED) 2 405 SOUTH ALBANY STREET APPEAL NO. 1578 GERALD L. & MARTHA L. SMITH 33 116 NORTH TITUS AVENUE APPEAL NO. 1578 ACTION OF THE BOARD 36 APPEAL NO. 1580 ROBERT L. & RITA A. BOOTHROYD 3 805-07 NORTH CAYUGA STREET APPEAL NO. 1580 ACTION OF THE BOARD 9 APPEAL NO. 1582 TIOGA-BUFFALO BUILDING CORP. 10 200 EAST BUFFALO STREET APPEAL NO. 1582 DISCUSSION OF THE BOARD 28 , APPEAL NO. 1582 ACTION OF THE BOARD 32 APPEAL NO. 1583 LL & RA LAMA (APPEAL WITHDRAWN) 502 W. COURT STREET , CERTIFICATE OF RECORDING SECRETARY 37 ?A MItllt'TES CSF ';SEPTEMBER 10 , 19r'.•4 PAGE I BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK SEPTEMBER 10, 1984 ACTING. CHAIRMAN BOOTH . This is a fc:rmaI hear ing by the duly appointed Berard of Zoning Appeals of' the City of Ithaca for several matters as: listed in the official notice of this meeting . First I ' d like to identify those persons who are here at the table, members of the Beard of Zoning Appeals and staff JEAN COOKINGHAM BETTE BAGNARDI MICHAEL TOMLAN TRACY FARRELL RICHARD BOOTH , ACTING CHAIRMAN PETER DIETERICH , DEPUTY BUILDING C0MMI'*,S I ONER BAREA.RA. RUANE , RECORDING :SECRETARY ABSENT : CHARLES WEAVER The Eic,"ard is. .p«_rating under the provisions of the City Charter of the ity c=f Ithaca artc3 the previsions of the City' s Zoning rdinartc:e The Board shall not bet.c)urjd by strict rules of e•vi- dente in the conduct of this hearing but the determination sha11 be founded upon sufficient legal evider:ce to e:.Lis.tain the Board ` s findings artd c:onc1Lis ioris We request that all participants come forward and identify themselves as to name and address and make use of these: chairs that are 1ef*t vac:arit here and the microphones that are ort the tat=le . This will facilitate the recording of any testimony that we. hear ., for the record . Arty free comments from Where persons are sitting in the audience will not be recorded and are a waste of the Board ' s time. and yours because they will riot have. an effect in creating a record for the hearing . Our procedure. is to take the cases in the order in which they have BZA MINUTES OF SEPTEMBER 10, 1984 PAGE been filets and have been listed in the official notice and we hear first the appellant and those whu are in support of the ap- p lication p-plication followed by any person or persons who wishes to oppose the application , Upon completion of that procedure the Board has findings of fact , takes action and votes by Written ballot and immediately _ pic<n receiving all the ballots the results are an- ttc;urc:e.d . The: Ordinance rerquires four affirmative votes to ap- prove. or four affirmative . otes to pass art, motion on an issue . I believe we are ready for the first case and will turn to our Acting Secretary , ACTING SECRETARY DIETERICH . The first case is appeal number 1577 - 405 SOUTH ALBANY STREET Appeal of William S _ Clowning, III for an area vari- ance for a deficient front yard setback: under Sec- tion 30 . 25.. Column 11 of the Zoning Ordinance to permit the conversion of the existing apartment house at 405 South Alban;, Street from three apart- ments to four apartments . The property is located in an R-3a (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 deficient front yard setback before a building permit or Certificate of Occupancy can be issued for, the conversion . This appeal was held over from the previous meeting since the appellant was riot in at- tendance . AC:TINC CHAIRMAN BOOTH : is Mr . Dawning here' He is riot here., we will pass this appeal . Since the appellant is not here, let ' s move on then to appeal number 1578 . BSA MINUTES OF SEPTEMBER 10 , 1G84 PAGE 3 �C:TIt1G: EC:RETASY EllETERIC:H. AP'P'EAL NO . 1578 - 11h� NORTH TITUS AVENUE Appeal of Ger aid L . anel Martha L . `_smith for an area variance for deficient lot area and deficient set- backs for the front yard and one gide yard under Section 30 . 25, Columns 6. 11 and 12 of the Zoning Ordinance to permit the extension of the living por- tions of the one-family house at 116 North Titus Avenue into and over the existing front porch . The property is located in an R-3a ( residential, multi- ple dwelling ': use district where the existing and proposed use as a single-family dwelling is permit- ted; however under Sections- 30 . 412 and :110 . 67 the ap- pellants must: obtain an area variance for the listed deficiencies before a building permit or Certificate of Occupancy can be issued for the enlargement of the building . This appeal was held over from the previous meeting since the appellant was not in at- tendance . ACTIP-16 CHAIRMAN BOOTH '. Is either Gerald or- Martha 'smith here`. We ' ll do the same. with this one then,, we' ll hold it tc> the end and see if they are here , We' ll move to appeal number 1SP30 . ACTING SECRETARY DIETERICH : APPEAL NO . 15H - ''05-607 NORTH CAYUGA STREET Appeal of Robert L . and Rita A . Eoothroyd for an area variance for deficient off-street parking and deficient setbacks for the front yard and one side yard under erection 30 . 25, Columns 4. 11 : and 12 of the Toning Ordin- ance, to permit the addition of decks to the rear of the two-family home at ?05-07 North Cayuga Street . The property is located in an R-2b ( residential, one- and two-family) use district in which the existing and proposed use is permitted; however under Sections 30 . 40 and 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 construction of the decks , This appeal was held over from the previous meeting since the appellant was not in attendance . BZA MINUTES OF SEPTEMBER 10, 1984 PAGE 4 ACTING CHAIRMAN BOOTH ' Is Mr . Boothroyd here? MR BOOTHROYD : Yes , ACTIN6 CHAIRMAN 800TH � Will you come forward and state your* name and address into one of these microphones and tell us your story . MR Q0OTHR0YD . My name is Robert L Boot hroyd and I reside at 805- 107 North CayuAm Street First of all, let me apologize fo/ oot hoving a rep,esenfative at the last meeting My wife and I were away- and we had arranged for one of our children to come here and plead mur oose and through a series of confusions, they weren ' t able to make if . 8asivally, we want to put a deck on the back of our house , It is not going to be any different than the lo/ge perch and it requires m variance . We don' t have enough side yard clearance on the north side of the huuse to do that It is e de-0; that will b* used strictly for - it will be a split deck. - one side will be. used for our tenants and one side will be used for us . ACTING CHAIRMAN BOOTH ' It is e two-family house? MR B08THRC,YDIt is a two-family house, that is correct . It is a double house reelly' split right down the middle It is what you would ooll a "mirror image" house . MS . 8AGNARDI � Dm you intend to put a wood sa/een un one section of that deck? MR . DOOTHROYO . Yes, Bette.. that would. . . MS 8AGWARDI : How high, six foot high? MRB00THR0YD . It would be high enough so that we would not have to luok out on North Cayuga Street or people would out look in BZA MINUTES OF SEPTEMBER 10 L_ ., 1984 PAGE 5 from North Cayuga Street . MS , BAGNARDI ', BUt YOU d0l'' t pr opose to put a scr een on the opposite side? M R , 6 0 0 T H IRI.0 Y D No., we do not It would be - rkr--;t a sclid screen,, it l _ A would be. ­,ne of these slanted things - Would be fairly attraCti'.. e - it would be M41- e Lit ,J Cedar :;r so-meth- rig like that -3 2.t' am T I 11'[ S a n d ) o u r J I' A A R M AN' B,C;C',T H Will rl'at m-, e any, closer tc; the side !Lines on either side the house? MR BOOTHPOYD That is correct . A C T I fN G C H A,I P.M A,N BOOTH , YLg will straight b,9 k: on the sides? MR . BOOTHREDYD That is cor rect , A r'TIW44 CHAIRMAN BOOTH : - 0 YOU Will corif orm with the setback - with the rear yard? MR . BOOTHROYE) , Yes, at one side., I believe , The southside would gi-ve. LIS enough , We. still have ten feet of setback on the southside.. I believe . ACTING CHAIRMAN BOOTH : Five feet . M R , E!0 0 T H R 0 Y D , Whatever is required . ACTING CHAIRMAN BOOTH : Are there other questions? MR . TOMLAN . Is there any' p3rtiCUlar reason for the splitting of the porch in tLwgo halves I mean, i , t Would seem logical that you wc.uld extend the existing porch straight out the center ,, and not even hae- the cr.�ntirivation - i side yard problem , MR , BOOTPROYD-. If it wasn' t a twc,­family rdwe.11in= w we c 4., OL11CI d , it e;,-.actly that way but since we. have twc., families., we felt that BBA MINUTES OF SEPTEMBER 10, 1984 PAGE 6 we .,anted each family to feel that they had a deck: that they could use and it was not a common deck: for berth families to use . MR. - TOMLANi So you don ' t see the solution of putting., essentially" a spring gall between them as a viable solution ? MR. . DOOTHPOYLD ' Not really, I ' d like to keep my back: yard open . A.C'TING CHAIRMAN BOOTH ! You occupy the residence? MR . BOOTHRC YD i Yes, we' ve lived there for seventeen years. and I don ' t forsee any plans to move . That could change but - we were planning on moving but we sold the land that we were going to move to so I don' t think: we are going to move right away . ACTING CHAIRMAN BOOTH ! we have a letter in the record from one of your neighbors which we will read into the record in ,just a moment . It is from Mrs . Le`vina Borgeson MRS , BOOTHROYD: She is a very nfic. _ lady., she lives across the street from me She likes a quiet neighborhood . ACTING CHAIRMAN BOOTH : That is what she expresses concern about . We' ll read that into the record in .just a moment , Any other I questions' I MR. . TDMLAN'. just one, what would be the nature of the foundations for the proposed deck? What kind of . . . MR BOOTHROYD ' It would be treated lumber . MR . TOMLAN! On a - straight into the ground? MR . BOOTHROYLD ' It would be poles set intik concrete in the ground . MR . TOMLAN . Thank you . ACTING CHAIRMAN fDOOTH ' Any mese questions`' Thank: you . Is there BSA MINUTES OF SEPTEMBER '10,, 1984 PAGE 7 anyone to speak in favor of this variance application? Is there anyone to speak in opposition to this variance application'' Peter would you please read into the record the one letter which we have? ACTING SECRETARY DIETERICHi Letter dated July 15, 1934 from Mrs . LeVina Borgeson, ?12 N. Cayuga Street : "Dear Sirs : I have no objections to Boothroyd' s putting a deck an back of their house, if it is no Isic) to be used for noisey (sic) parties late nights . As they quick (sic ) often have those kinds of parties . I don' t objection (sic) if used for family only . But I ' m 83 years old an (sic ) can' t take party noises 2-3 oclock in A . M. I can' t get to night meetings, so I am writting (sic ) instead of going to the meetings I don' t intend to infer (sic) with my neighbors, life is too short, but I hope they' ll be kind enough., not to have those kind of parties . Yours Truly /s/ Mrs . LeVina Bergeson, $12 N . Cayuga Street My property in this name , " MR , BOOTHROYDi Can I give you a footnote to that? ACTING CHAIRMAN BOOTH : Fine , MR . DOOTHROYDi We, as a philosophy, had graduation parties for our high school children as they grew up, with the belief that we would rather have late parties at home, where we knew where everybody was rather than having them off in the countryside someplace where we didn' t know where they were . And the party that she is referring to is my four children, who happen to be fifteen me nths apart so there happened to be one every year for, four years . The youngest one graduated two year ago so I can BZA MINUTES OF SEPTEMBER. lO' 1084 PAGE B assure �mu - until college comes elunQ . ACTING CHAIRMAN BOOTH ' Thank. you Mr. 8uotbroyd Anyune to speak in favor cr oTjeinst? Board, du we heVe disuussiun or a motion , MS FARRELL � I ' ll make a motion . B7A MINUTES OF SEPTEMBER 10, 1984 PAGE 9 ACTION OF THE BOARD ON APPEAL NO . 1580 The Board considered the appeal of Robert L . and Rita A. Boothroyd for an area variance for deficient off-street parking., and deficient setbacks for the front yard and one side yard under Section 30 . 25, Columns 4, 11 , and 12 of the Zoning Ordinance, to permit the addition of decks tc the rear of the two-family home at M-107 North Cayuga Street , The property is located in an R- 2b ( residential, one- and two-family dwelling) use district in which the existing and proposed use is permitted; however under Sections 30 , 49 and 3057 the appellants must obtain an area vari- ance for the listed deficiencies before a building permit or a Certificate of Occupancy can be issued for the construction of the decks . The decision of the Board of Zoning Appeals was as follows : MS . FAR ELL : I move that the Board of Zoning Appeals grant the area variance requested in appeal number 1580 . MS . BAGNARDI : I second the motion . FINDINGS OF FACT : 1 ) Practical difficulties have been shown by the appellant in meeting the conditions of the Ordinance which can only be solved by moving the building . 2) The proposed change does not exacerbate the present deficiencies associated with this property , 3) The proposed change does not negatively affect the character of the neighborhood . VOTE : 5 YES; 0 NO; I ABSENT GRANTED EZA MINUTES OF SEPTEMBER 10, 1934 PAGE 10 ACTING C:HA.IPMAN BOOTH: Gould we. have the next case?' AC.TINE: SECRETARY DIETERIC:H'. The next appeal is appeal number, 1562 -2100 EAST BUFFALO STREET : Appeal of the Tioga-B!iffalo Etuiding Corp . for a use variance under Section 30 . 25, Column 2, to permit the ground story, of the building at 2100 E . Buffalo Street to be used for retail and service type use . The building is located in a B-lb use district which does not permit the proposed use . Under Section 30 . 57 the appellant must obtain a use variance before this use cart be permitted . Under a previous appeal (#1391 ) this property received an area variance for a deficient front and rear yard . ACTING CHAIRMAN BOOTH: Is: there a representative from Tioga-Buf- Talc, Building C:c.rpc:<ratic?n ktre=_;µrot" Would you please come forward and state your name and address for the record'' MR . SC:IARABEA. My name is: Andy Sc; iar abba., I am one c t the owners ;f the C:carpr_aration and an cc;c;up_,rot c # the building and I live at 101 Brandywine Drive in the Town of Ithaca . AC'.TING CHAIRMAN BOOTH' Could you state the case and the reasons that yc.0 believe that justify the issuance of the variance;' MR . SCIARA:BBA, I hope so The. building was completed in late 1972, in fact our firm was the first occupant in late December of that year . ACTING CHAIRMAN BOOTH : Was that 1982? MR . 'SCIAR.ABBA: I ' m sorry , IG82 . ': ince. that time, we have•e, been a=::tively seeking tenants fc:r the entire building . As of today thee building is totally occ:upie.d except for the first floor spaces. tic* if somebody is going by the building they would see that there is a Science Center on the western side of the proper- BZA MINUTES OF SEPTEMBER 10, 1984 PAGE 11 ty We have donated the use of that space until they move into their home at Henry St . John, whenever that might be and we have art agreement with them that if we find a tertant that we can ask, them tc leave the premises with scrri� reasonable notice. . On t h e other =ride we are renting temporarily . space to the Democ r at ic Party until the campaign is. co..,rer with . So really the. two spaces are vacant and ha,,ee. been --,eacant and unoccupied . As I said, the rest of the. building is filled, we. intended the building to be. a professional off ice building - the rest cf the building is occu- pied with pr-ofessional lawyers, accountants, doctor-s., Computer Specialists., ( Unintelligiblej kind of a banking operation - a s ec c,n d a r y m c,r t t.4t- banking operation . We have talked to a number of pctential tenants for the first floor space.. many of them be- ing - or most of them being the type of tenant that would qualify for the building under our Current Zcrting and we have been unsuc- cessful in arriving at a lease. agreement with arty, of them. We have. tried tc., lower the rent to entice them into the space - we' ve tried to make. a number of cortcessiy�,ns by Supplying certain things that would normally not be supplied to them., in order to encourage them to lease . It keeps coming bac-4. to some major ob- jections - major objection, first of all being that the space is too visible from the street which is not lending itself very well to a doctor ' s c,ffice or to a law firm or to art accountant ' s of- fice. - types Of business that want more. privacy - it lends itself more toward retailing . When we designed the building., we de- signed the first floor, in i::onjuncticr, with r-equests from the city BZA MINUTES OF SEPTEMBER 10 , 1984 PAGE 12 - because of the var ianc:e for full lot c:o•;/er'age they wanted us to provide as much openness_: around that corner as possible., so we slid recess the first floor under the above floors and we did pro- vide a lot of ,;glass area which would again allow for the openness to see thsrcugh the corner . That now haS probably hurt us in many respects, in leasing that space- We think: aesthetically it is a well designed building; it 1c:c:k:s well - we' d like riot to have to hsreal-: it alp ,s someone =_:ug;.4eSted at a previous meeting . In fact I third:: the thrust throughout the country in regard to downtown planning is to have as much glass cover-age as possible - .eery little wall coverage as possible . I guess what we are asking for is to allow us to change to a zoning which would allow US to en- ter,tain retail type clients: or tenants for that space and after going to the: Planning Board and hearing some of their comments we thought it wcDuld probably tie unreasonable for us to ask: for a "blank:et" -,just an overall general "blanket" to change from B-lb to B-2 and we. ourselves have certain criteria that we are going to use in trying to select tenants . We do not want a grocery store in there, we don' t want re.s:taurants or tsars: or pilus; in there . :acs we want tc: propose that we kse allowed t,.: go to a B zone with restricted types: of' tenant=_ going into that space. and we prepared a list of what we think: some of thee types c:f tenants: might be which; I °+0ould like tc= pass out if I may . The fact that the property is: basically eighty percent occupied, we are incur- ring appro,x.im.,tely ; I ' d say, eighty to one hundred thousand dol- lays cash loss, annually becaLlse we. do riot have the building fully BZA. MINUTE. OF SEPTEMBER 10, 1984 PAGE 10 rented , If we were to rent that first floor space, we would still not the break:-even but we would cut down on the: detrimental impact on our cash flow , '_something that surprised me which we did not realize is that a retail establishment requires less par- king spaces and at the last meeting it was: pointed out that we might create more parking problems: if we went this: way and I be- lieve the requirements for parking are less for retail than they are for office/business use, Another factor we point to is that the block that we are on right now - actually the two blocks bounded an the east by Aurora Street and bounded on the west by Cayug., :street - we: are probably the only structure in that whole block that is potentially left to be retail - or heavy-traffic; oriented as you might call it . Ac:rogr aphic:s is right next to us on our east side and they are a retail establishment, church is next to them so we don' t have any problem there, across the street on our west side is the First Federal Savings and Loan which is basically a retail oriented operation,, nest to them would be the County Office Building and Boardman House and the park . So that we really don ' t feel that our being allowed to go to that type of zoning would impact the neighborhood anymore than it is right now , All of the entrancing to. the building is on the Buffalo '-_street nide so that we would be exiting and entering the building from the retail district which is right across the street . ACTIi'`iC; CHAIRMAN BOOTHi. Questions from the Board? MS, FARRELL : Yes, I have a question . This list that was BZA MINUTES OF SEPTEMBER 10, 1934 PAGE 14 encic,sed with the: materials; that we got. this list of businesses inquir ing into, f itst floor space, does this me-art that these are people who have inquired but then haven' t wanted it? MR. . SCIARABBA: Yes . MS , BAGNARDI ' For what reason? MR. . SCIARABBA: For various reasons . Some of them are physicians that did riot want first floor space - they inquired about space in the building, okay, and we said that all that we had left ba- sically was the first floor spar_;c_e, with arty k:irtd of space avail- able vail-able to it . M:: . COCK It•IGHAM; So we really don' t know whether these people turned it down because of the rental structure or because of the openness? MR SCIARABBA: I don' t think: it is; the rental structure because they pr-obably have located somewhere else in the Community, pay ir►.4 similar rent_: . I think it is: basically because of the openness . MS , FARRELL ' AlthOLI:jh some. Of these are the types of companies that you think: might tie interested - I think: there is Computer Sales or . . . MR . SCIARABBA: Yes. right . ACTING CHAIRMAN E!00TH : How about bank: ing�: MR. . SC:IARABBA: banking is not allowed in this cc.mmunity , We have home ruler you can only caper► a - start a frank in the City of Ithaca - you cannot put a t}ranch in the City of Ithaca , That is why Marine Midland and Moravia are all on the. outskirts: , You BZA MINUTES OF SEPTEMBER 1 G., 1984 PAGE 15 have home rule in this state .. MP . TOMLAN' In the Planning and Development Board meeting the twentieth of August there were three Suggested alternatives, the first -of which and, in a sense perhaps the most important, is to provide curtains and Minds c.r inserts to the windows., such as in the Security Trust Building tc:: provide privacy . WOUld ;You comment on that ,' MR . SCIARABBA! Well the. Security Trust one I think: is, per-sonal- ly, aesthetically a very ugly thing , Now First Federal Savings and Loan across the street has. vertical Minds but you _;till have the blinds that are ,peri in order to allow light through and, again, it is ,=e.ry diff'ic:ult from the standpoint that you carr :till "look: in" - you have to have them closed all the time in order tc ha-ve the privacy that you need . Even the Security Trust ernes, if 'ycau really wanted to look: in.. you could peer in through the holes but I think: to put up a metal grid -that grid could blor_;N:, Gaff that whole first floor , I think. aesthetically it would be not favorable to, the building and not for the community - I don' t think: ),'OU would savant to see that there from a planning standpoint , I c:ert.ainly° wouldn' t want to loos: at a building that has the first floor covered up like a prison . MR . TOMLAN Well I would suggest that there is probably other ways to do that . The circulation quarter=_: could probably be arocnd the cutside. and the inside tie .made Use of , MR . SCIARABBA' I don' t think. SO because. there isn' t that much space there. The. gest side has only fifteen hundred square feet,, BZA MINUTES OF SEPTEMBER 10, l9a4 PAGE 16 okay and it you put circulation space on the outside - you are still looking in to the offices - the wall and the exterior of the first floor is probably around three and one-half feet high so by standing there - in fact the Science Center says it is great because they have people watch all of the displays from the outside . MS . BAGNARDY Prior to the design of the building, what kind of a survey or study was made in the Ithaca area for the types of office spaces that were needed at that time? MR , SCIARABBAi Bette, to be honest with you. I don' t think we. really did an extensive survey on that - half of the building is occupied by the owners so we knew what we wanted and - somebody at the last meeting said, why don' t Xou have some of the existing tenants move down to the first floor ? Well half of the tenants are probably doctors and they certainly don' t want to be on the first floor because of the problem plus they ' ve also invested.. you know, fifty - sixty dollars a square foot in plumbing and various improvements in their space . One of the other firms in there is a law firm, they don' t want to be on the first floor where you would have the problem of not having the privacy , 1 don' t want it - I am an accountant and we have private offices -for that reason - we want privacy . We did not do a specific survey, we thought that the first floor space would be a natural for an insurance agency or for travel agency - we just haven' t had the play on it at all - we were very surprised . We thought the upper floors would be the ones that would be the hardest to BZA MINUTES OF SEPTEMBER 10 , 1934 FACE 17 rent - we were very surprised . MS . BAC:NARDY You have a real design problem . ACTING: CHAIRMAN BOOTH: On the list that you provided us,, of people that have inquired, it seems to me that a number of those businesses were retail businesses as well . Why was that? MR r SCIARABOV I put together a list of people that we had talked to about the space, but I also told totem that we had art existing coning problem - that we could not rent to them . ACTING CHAIRMAN BOOTH: And that is the only reason they didn ' t pursue it? MR . SC:IARABBA: Not necessarily - just timing - more than any- thing else , One was Flight Piano and she wanted to get in before the Christmas season last year and I said even if we had the zon- ing changed, I couldn' t get it ready for you in time . But she was very interested in that spot for her piano gales , We' ve had a number of other inquiries too, but., you know, people say what is left in the building - and I say., first floor - and they say we aren' t really interested - these are not on the list at all . These are ,just the people we actually talked to about renting the space, and try to work: out deals with them as far as lighter rent in early years and catch up later on and in most cases with professional people the major issue was one of first floor space . M`;. . BAGNARDI : Somewhere in the material that we received, it indicated that your rental structure was basically the same as Center Ithaca or comparable to them? BZA MINUTES OF SEPTEMBER la., 1984 PAGE 18 MR . SCIARABEA : Our asking rents are comparable to the Ithaca Center s:pac:e, yes . And probably Boardman House . We have also made concessions in circler to get tenants in the building , MS . BAGNARDY Do you know off-hand if all of Ithaca Center is rented? MR . SC:IA.RABBA: I know for a fact that the office space in Ithaca Center is not all rented. I think: around twenty or twenty-five percent of that space is rented, seventy-five is vacant .. MS . BAGNARDI : Thank you . ACTING C:HAIRMAN BOOTH . What about government agencies? Have you pursued them actively? MR. SC:IARABBA.: We have had discussions - not discussions - Cal, do we have Farmers Home Administration; (unintelligible) VOIC:E IN THE AUDIENCE ! Farmers Home i . . . ACTING CHAIRMAN BOOTH: Would you come up and give us your name and address so we will have a complete record? MR . WARRENT My name is Cal Warren, I live at 214 Asbury Road in Lansing, I *art for Village Realty and we are the listed agents for the rental at 200 E . Buffalo `-_street , The 'Farmers Home at Terrace dill recently advertised for people that were interested in professional buildings; or office space that was: available to be rented, The situation with them is unclear at the present . With the Government Agencies it takes a substantial length of time to get anything through, It is, a bid situation . How we stand in regard to their present location on Terrace Hill is un- known at this: point as well . As long as I ' ve ;lot my hand on the BZA MINUTES OF SEPTEMBER 10,, 1984 PAGE 19 microphone, I ' d ,just like to make a comment - that - you indi- cated something about retail space on the list., three of the - I think: there are thirteen or fourteen on that list who are, in fact, retail or possibly retail . The pastry business was ques- tionable as far as walk:- in trade , We have investigated different area. - different professional offices that would entertain the idea of occupying that space and the problem that we run into is one of privacy . The design of the office space, etc . as far as window shades and things of that nature might be fine from a tem- porary or partial standpoint but on a day to day basis I don' t think: that it is a solution to thein privacy . I don' t think: that we could make them comfortable with the privacy solution when you are talking about lawyers offices, etc , As an instance, one in- dividual that I talked to about the privacy factor happened to be Clave Gersh., he was in the First Federal Building ,:.n the second floor - that is a glassed in second floor area. If you are fami- liar with that., they had the levi- lour type drapes that could be slanted, whatever, and he got the comment continually, even at that location that the people felt uncomfortable in his office , It is just something that we have run into a roadblock: on . Andy and I have talked this thing over substantially and one of the very initial comments that was given was that there are in fact two zoning boards that Village Peal Estate has to deal with in regard to renting that space , One, we are trying to work: with at present . The second one would be when we approached the building owners, themselves, because they are so selective in regard to SEPTEMBER 8 � III EZ�. MINUTES OF .� MEtEF, 1Ct, 1q4 PAGE Lit We the. type ry pe of retail operation that they would entertain . e are not trying to charge the complexion of the area . That we are trying t.: do is create a source of viable tenants for that space . You are talking about individual law offices, one thing that you are talking about to take twenty-suer; hundred square feet as a substantial amount - this is on the east side of the. building . On the: west side of the building there is fifteen hundred square feet . Again a difficult item for one individual or two indivi- duals or three individuals in a law office . It has been a prob- lem and it has been a problem from our standpoint - from a mar- keting standpoint . It is not something that we are gust trying to make our job easier - it has been something that they have - and we have - investigated and gone after , The people - Shear- son, Loeb, Rhodes - American Express now - E . F . Hutton has been talked to - all the ones that are on the list there, Presently there are financial institutions - they .are not interested in relocating or moving into that space - there is one ether area that I think: Shearson is contemplating - that ' s the First Nation- al Bank: building - the new addition to - First Federal, I ;guess it is, and they are contemplating that space . It ' s really a sit- uation - in ,view of the real estate - that there are not a tre- mendous source of potential tenants out there - in order to rent the space and it is not a dollars and cents situation from a space standpoint . ACTING CHAIRMAN BOOTH ! Doesn' t that , in a sense though, go back: to what the building was designed for? Aren' t you having DZA MINUTES OF SEPTEMBER 10, 1984 PAGE 21 problems that should have been anticipated when the building was designed? MR . WARR.ENi Well to some degree but we received some information -we did some investigation after the Planning Board, obviously . We diel some investigation before the Planning Board but we also cliff some after the: Planning Board and looked into the points that they objected to . I called Thys VanC:ort and I said, Thys, talk: to us about the: design, etc: , whatever , okay? In the mail, less; than a geek: after that I got this: from Thys Van Cort ' s office and it is: a Urban Conservation Report that they apparently - it ' s a national news letter that he receives in the Planning Office, and he has just got marked on the: bottom of this sheet a paragraph . If you will. I will read it . "Blank walls- are outlawed . On streets with significant pedestrian traffic;., the street level floor must contain =_.fiops; and store windows . No more than fifteen lineal feet of blank: wall will be permitted, although this dis- tance may be increased if art work: , landscaping or something else of visual interest is provided. " Essentially that is something which substantiates the design of the building but what we are dealing with here is a fact - we are not in the planning stages.. we have glass walls,, we have open space in a very obvious: area of the downtown Ithaca and we have a situation with the building itself, from a viability standpoint— dollars- and cents wise that - not only for the security of the building - I don' t think: it is in a position where the building is going to go bankrupt or what- ever , hat-ever , but it certainly is; a situation that creates some question 62A MINUTES OF SEPTEMBER 10,> 1934 PAGE 22 down the road and looking at it - not to tell you your jobs by any means - but in looking at potential retail space there and the types of space that we would like to see go in - the types of businesses that we would like to see go in there, we are: not tal- king ing about a detrimental impact an the area . We have a very vi- able client at present that we would like to pursue that has come to us and we have in turn talked with extensively - it is a high end - by that I mean a quality and top quality men' s clothing stare . And it is a natural for the space because you are in - as was indicated - you are in professional row basically - you' ve got the lawyers, the doctors, the C f' . A. ' s. the: professional peo- ple of Ithaca continually circulating around there, I mean these people are excited about getting in there - just having their merchandise exposed. They are certainly not going to do it in a apay that is the John' s Bargain Store type of operation - it is: going to be a very straight forward, clean, well designed opera- tion and that ' s the type of retail that we are looking at . We looked at the total B-2 definition, if you will, and we are not interested in that total situation . We would treater ask:, because we wouldn' t expect a positive answer, number tette - because we, if we were: sitting in your places, probably would not =dive a posi- tive answer . We are looking for the ability to pursue clients other than the clients that are allowed under the existing Ordi- nance, that would also blend with the atmosphere of the area . And I think: we have indicated that to some degree by the type of' tenants that we are looking for . 8ZA MINUTES OF SEPTEMBER 10, l9l4 PAGE 23 MR , SCIARADUA: I might state that all of the owners of the buil- ding are tenants in the building - every one of them . That is our home for as long as we continue to practice in Ithaca, which I think will be for a long, long time. So we are very interested in making sure that the building maintains the quality that - that is why we went through all the trouble in the first place to equip the: building, as we wanted quality space, because we didn ' t have: it before So if you are concerned that we are absentee landlords., we are not . We are there every day . ACTING CHAIRMAN BOOTH! You claim that Ac:rographics is a retail establishment . tow do you characterize what that business is compared to what other businesses: Cunintelligiblel MR . SC:IA.RABBA: I ' m not following the question . ACTING CHAIRMAN BOOTH! Is it in fact a re.t.ail!offic:e or is it more of . . . . MR . SC:IA.RABBA: What is the definition of retail? Somebody that goes in off the street, buys something and walks off with: it . From that standpoint, yes, you take in a copy to Acrograph►ic:s, you get a copy at the counter and in two minutes you are out . Some of it is larger work: which takes two or three days to have done and then you go back and pick: it up, no doubt about it . I think: you can characterize a bank: as a retail operation because basically, people walk: up the street., open up accounts and trans- act business , I ' m not sure: what the Zoning Boards look at from the standpoint of retail . Is it trade., the number of people en- tering and exiting the business or is it just the hard goods that EZA MINUTES OF SEPTEMBER lit, 1984 PAGE 24 is supposed tc: service (unintelligible-) that is your definition . ACTING CHAIRMAN BOOTH' We11., it is riot our definition , MR , SCIARA€BA : No, I ' m not saying that - it ' s the definition of the Ordinance . MR- WARREN, I guess we looked - the other thine that was inter- esting was that I tried, in response to conversations with Mr . Dieterich, tr-- verify how Ac:rographics was capable. of operating -under what oasis they were - riot to fortify our ease in arty other away than ,just to try to ,het art idea as to what decisions or how the decisions were arrived at fc;r them., because. what we are looking at is., we are riot locking at a pharmacy type operation, a h1gh Vl:_!a.tme individual - Woolworth' s hype operation., It ' s a low- er traffic; situation , We haven' t been able to verify and I talked with Mr . VartCort late this afternoon in regard to it . There is in interpretation there that we can' t get our- hands ort . The one thine that fits with the building at 200 East Buffalo is the office. equipm-ent SituatiOrt., is the technical sales., c;ommurti- catic.rts if you will., phone systems, things of that nature as well . We ' d like. to be able to open up that avenue . We' d like to tie able to, capes _ip art avenue, if' you ;will, that is larger than what is currently existing because. in Andy ' s estimation and in my estimation, we have pursued the other possibilities to a great dere.e One. situation withith doctors Dugan and Zelk:o, imminently ;g Cornell situation with them might change . They have. been looking at spaces . The problem that they have is riot only one: of Privacy but also one.. of access, They deal with, they are Orthopedic; in BZA MINUTES OF SEPTEMBER. 10., 19e4 PAGE 25 nature and deal with people that have broken legs and whatever., and they need to have access to the space . With the adjacent parking, I mean you can' t park: four blocks, away and hobble clown there . You know, these are just things that happen ( unintelli- gible) unintelli-gibie) the: effort has definitely been made , both on my part: and more on the part of the building' s owner,, because Village Real Estate has, gotten into this very recent . It has been about two months, now , In looking at the people that they have certainly talked with, it ' s a beautiful blank wall up there - as far as potential people to rent the space . MS .. FARRELL ! I have a question. A couple of these businesses did seem to be more like a retail business definition - the book store,, piano=_:, maybe computer thine . Were those people - I mean did you go into sales talk: with thea - so people: have come in that maybe didn' t quite fit into your total definition, ;you have spent time going into the . . . MR . SC.IARABDA: We have with the understanding up front that we were trying to acquire this variance . MS . FARRELL : Right: okay . MR . SC'IARABRA; And I think that in most cases they have lost a little interest because ! unintelligible) it will take at least a couple of months; to go through ( unintelligible) , Many times businesses like that gets started very, very fast, they want to capture, of course, the market real quick, so - I don' t think: Flight Piano has relocated yet., I think: they are still on Dryden Read, I ' m not sure khat the Stook: Store did., whether they have QZA MINUTES OF SEPTEMBER 10, 1984 PAGE 26 found another location . MR , WARREN: Specifically, the tines that we are talking about, were the Men' s Furnishing or Men' s Clothing Store - saw the signs on the window., contacted Andy, Andy in tura contacted me and there have: been probably five different discussions with them to date . They are interested . They want - they literally want the space , The dollars and cents are not something - they know what the dollars and cents situation is - that has all been laid out . In our estimation also, if I could ,just pact it from that end -from the: real estate end: as far as the dollars and cents that are requested per square foot , they are certainly not out of bounder . And that is: not taking into consideration that particu- lar location, it is .just taking into consideration the prices that are requested and gotten around downtown Ithaca. MS . t:OOKINGHAM: In advertising spaces, is there a distinction between commercial space and office space? MR . WARREN: I don' t believe so . MS , t.f. OKINGHAM: It was interesting to me because I think: office space is different than commercial space and when I went by there today, the sign says commercial space available . If I were looking for an office I don' t think: I would go in to look: for an office where it was advertised as commercial space . MR , `- CIA.RA€BA! That sign has gone up in the last month . We had, for a year and sever, months a sign saying that office space was available . MR . WARREN! The sign is still up ( unintelligible) BZA MINUTES OF SEPTEMBER 10,, 1994 FACE 27 MR . SCIARABBA: This sign is still up., it says 200 E . Buffalo As- sociates, Office Space Available., all glue and white (unintelli- gible) And we advertised in the paper , and are had a number of contacts . I am a CPA. and I ' ve got a lot of clients and I ' ve heard from a lot of them ( unintelligiblej asking for (unintel- ligible) of space. We have talked with a number of in=_:uranc:e agents, that is, a natural for an insurance agency, I think:, and mostly., just recently in the last three or four years., they have bought buildings and renovated the buildings, such as Ithaca Agency over on State Street., Bob Boothroyd ,just reneged his lease two years ago with the building that he has been in for many years, mama Agency has built on Route lK Gave Banfield, Gave has just split off recently in the: last two or three years and gone on his own . He is not in a position to make a move at this point in time, until he knows that his business is well estab- lished. So that we have talked with these people , MR . WARREN: Travel Agenc.ks the same gray . MR . SCIARABBA! We' ve got three within two hundred yards of us . Three travel agencies, Gullivers; Baker and we' ve got Beam . ACTING CHAIRMAN BOOTH! Any further questions? Thank: you gentlemen . Is there anyone to speak, in favor of this variance application? If so would you please come forward now? tno one) Is there anyone to speak: in opposition to this variance application? (no one) We will have discussion now, so will you gentlemen retire to your seats? MR . SCIARABBA : Thank you . BZA MINUTES OF SEPTEMBER TCI,, 1994 PAGE 28 DISCUSSION OF THE BOARD - AP'P'EAL NO . 1582 ACTING CHAIRMAN BOOTH : Board, is there any discussion? Motions? M'S . FARRELL ! I feel real peculiar voting on something when the business isn' t here. I mean: to gust say, okay, these things - I mean I would feel much better if it was,, perhaps that clothing store sitting there saying., this is: what it is, and this is what we are talking about . ACTING C:HAIR.MA:N BOOTH! Any comments, lean? MS . C.00KINGHAM: I would .jest like to know how - if we _granted their request, how would we do it? I don' t understand how you can -how you are going to be able to control this at all . Let ' s assume that they sell it and we give them quite a broad variance? ACTING CHAIRMAN BOOTH : Well I suppose there is a question about whether we grant a variance (unintelligible) that may be a question that the Board feel_ should be referred to the City Counsel ' s office before we make a determination . Or the Board may feel (unintelligible) one way or the other . Michael? MR , TOMLAN' I ' m in general troubled by the fact that the build- ing is so new and the applicants: are in difficulty . It seems to me.., if Indeed one were going to project a building of the size and complexity of the structure that they built., it would seem to me that they would have ( unintelligible) through the difficulty of renting the first floor and its relationship to the design question much, much earlier in the game . And I am very surprised that they haven' t . Or they hadn' t , I should say . It ' s almost as though this Board is being asked to grant the variance to cover BZA MINUTES OF SEPTEMBER 10,, 1984 PAGE 29 up for the lack: of., perhaps,, planning that they should have clone prior to the time that they built the structure . And that leaves me a little troubled . ACTING CHAIRMAN BOOTH: 1 would remind the Board that the grounds for granting a use variance must be the demonstration that 1 ) strict application of the: Ordinance would produce undue hardship, 21 the hardship created is unique and is not shared by all properties alike in the: immediate vicinity of this property and in this use district and 1) the variance would observe the character of the Ordinance and would not change the character of the: district . Do we have: a motion? ACTING CHAIRMAN BOOTH : Are there questions that the Board feels require examination by the City Counsel ' s office? Is there a reluctance to make a motion? MR . TOMLAN: I ' m not reluctant to make a motion, Richard, I think: the question is framing either positively= or negatively the findings of fact, that is holding us up . That is my own opinion . MS , BAGNARDI ! What is our alternative? ACTING CHAIRMAN BOOTH ; Well I think: our alternative: are to grant the variance with such restrictions as we deem appropriate, 2) to deny the variance, 9! there: may be a question here about limiting , as they request, limiting this variance to a particular use, whether that is something Cunintelligible) would be comfort- able with , I ' m trying to recollect a similar situation, I guess I can ' t , MS . COOKINGHAM! Well it does seem to me that - let ' s say they BZA MINUTE`_ OF SEPTEMBER 10 , lge4 PAGE 30 can have a men' s retail store - then what if they can' t rent to a men' s retail store, the next month they are going to be in with a request for something else and, you know, everytime they want a new lease in there, it is going to have to come in for a zoning variance and I just think: that is cumbersome and . . . ACTING SECRETARY DIETERICHi Generally, when they get a variance for a certain type of use., if another business: of that type of use wants: to make use of the space, they can use the space . Mei . FARRELL : It would have to be the same type of use, though . On the list here., (unintelligible) a whole bunch of . . . ACTING SECRETARY DIETERICH! Right . If it is a retail establishment . MS . C-COKINGHAM: Well quality is in the eyes of the beholder . I mean the appellant is saying that they want to have a quality men' s store . Now., who is to say what is quality? What may be quality to me, may not be quality to you, or to them. ACTING CHAIRMAN DOOTH: Has: the Board, and I have in mind, in my recollection, granted a variance for part of a building? MR . TOMLAN; ( unintelligible) ACTING CHAIRMAN BOOTH: No, no . There are variances for this building but has the Board in the past ever granted a variance for a portion of a building? MR . TOMLAN' Not generally with use - sometimes with area, but not with use , That ' s: generally my recollection, Bette? M5 , BAGNARDV No . ACTING CHAIRMAN BOOTH! If the Chair could speak: for a moment . I BZA MINUTES OF SEPTEMBER 10, 1984 PAGE 1 quess my problems with the application are somewhatsimilar- to Michael Tomlaris . The building is new., =4ranted, a portion of it has been unrented for a period of time bUt there is testimony that there is either space in Ithaca cif, at least in tenter Ithaca, that is somewhat similar-., that is also unrented . Secondly, to _:came degree this does appear to be a self- imposed hardship which the applicants are now asking the Zoning Board to ( Unintelligible) MR . TOMLAN: Let me go ahead and make a motion . B2A MINUTES OF SEPTEMBER 10, 19£4 PAGE 32 ACTION OF THE BOARD OF BONING APPEALS - APPEAL NO . 1562 The Board of Zoning Appeals: considered the appeal of Tioga- Buffalo Building Corp . for :, use variance under Section 30 . 25, Column 2, to permit the ground story of the building at 200 E . Buffalo Street to be insect for retail and service type use. . The teuiding is located in a 8-1te use district which does not permit the proposed use . Under Section 30 . 5'•' the appellant must obtain a use variance before this use can be permitted . The decision of the Board was as fellows ! MR . TOMLAN: I move: that the Board dent the use variance requested in appeal number 1502 . MS . BAGNARDI : I second the motion . FINDINGS OF FACT : 1 ) Financial difficulty being experienced by the: applicant is a self- imposed hardship . 2) There was insufficient evidence presented that alternative financial structuring couldn' t have alleviated some of the difficulty . 3) The hardship created was: not unique insofar as if :another building in a similar situation were created elsewhere this same thin: would apply to that as well . VOTE : 5 YES; 0 NO; 1 ABSENT DENIED 6ZA MINUTES OF SEPTEMBER 10, l9a4 FACIE 33 ACTING CHAIRMAN BOOTH ! Could we have: the next case pleas;&? ACTING; SECRETARY DIETERIC:H: The next case is appeal number 1853, SGT W. Court Street which was withdrawn . ACTINGS CHAIRMAN BOOTH! All right., could are go track: to the beginning then? Could we have your name ma' am? MS . SMITH : Martha Smith . ACTINGS CHAIRMAN BOOTH: Well why don' t we move immediately then to Appeal No, 1578, We' ve already read it into the record Mould you come forward please? MS , SMITH: My name is. Martha Smith, 116 North Titus Avenue .. ACTING CHAIRMAN BOOTH! Gould you explain briefly what you propose to do and why you propose to do it? MS . SMITH'. Yes . Currently we live in a two-bedroom house that was formerly a three-bedroom house , The bedroom my husband and I occupy and the baby now,, was the taro-bedroom area upstairs , The wall was tarn out, which made it a large - nice large bedroom but after the baby was born are do need the extra space . And our time is getting shorter . We thought we would be able to have him in the bedroom with us for at least two years but it is too crowded . We would like to extend the bedroom over the front perch, return- ing it to two bedrooms., giving him a plaAe of his own which would allow the living room to be extended also to the front porch giving us more space on the first floor . ACTING: CHAIRMAN BOOTH! in ether words you are going to make the front porch smaller by enclosing it for living quarters? MS . SMITH: That is right, we would only have the use of one-half 82A MINUTES OF SEPTEMBER 10, 1904 PAGE 34 of the frortt porch which we. really don' t use that much anyway and it will give us more living space . ACTING; CHAIRMAN BOOTH , Go, ahead!. I didn' t mean to interrupt you . Is theme anything else you want to say? M'; . ':SMITH ' It would riot - we wouldn' t tic-, using arty more space than what is now exist ing . 1;e would tie using the front porch - riot going arty farther than the. front porch - that ' s basically - it isn' t going to c;hartge the: appearance of the house other than giving u=_: more. Sp3Ce— . We wouldn' t tie taking up arty space - any yard space or anything now - it will just give. us: more space, living wise, which we don' t use now . The front porch., which is not really used - maybe: two months out of the year . ACTING CHAIRMAN BOOTH. How would you propose to enclose the second! floor - with a dormer out? Is there a window built through the front - the top of the roof? MS . SMITH; It would! actually - the outer wall we:old be removed which would e-x,tend the bedroom out oven the front porch and permits a dormer would tae: used but it would give LIS a lot more space than what we. have now . But I think: the e:risting wall would have to come out . Now, we had a contractor come in - he had told LIS that extending the space in the living room wouldn' t be arty prat>lem tree;:lose we would tie rising the existing roof space . The only reason that he. felt we would have to have an area variance would be bec3LISe We WOUld actually remove the wall upstairs, giving lt=_: mdse space than we have now . So we really wouldn' t be Using - we WOL11c! just be occupying more space above the front BZA MINUTES OF SEPTEMBER 10, 1984 PAGE 35 hoc=rc:h; but not using more space than exists . AC.TINC CHAIRMAN BOOTH: So no existing dimension on the ground floor of the: building using the lot would change . MS . SMITH: That ' s right . ACTING CHAIRMAN BOOTH! Questions? ( none) Than: you ma' am. MS . SMITH : Okay, thank you , ACTING CHAIRMAN BOOTH! If you wait a few minutes, we' ll have a decision for you . I am required to ask if there: is anyone to speak for this variance or against this; variance? Since there is not., we are open to a motion, and/or the Board' s discussion _ RZA MINUTES OF SEPTEMBER 10, 1984 PAGE 36 ACTION OF THE BOARD - APPEAL NO . 157? - 116 N. TITUS AVENUE The Board of Zoning Appeals: considered the appeal of Gerald L . and Martha L . Smith for an area variance for deficient lot area and deficient setbacks for the front yard and one side yard under Section 30 , 25, Columns. 6 , 11, and 12 of the Zoning Ordinance to permit the extension of the li=ning portions of the one-family house at 116 N, Titus Avenue into and over the existing front porch The property is: located in ..n R-Ta ( residential, multi- ple dwelling) use district where the existing and proposed use as a single-family dwelling is permitted; however ander Sections 0 , 49 and 30 . 57 the appellants: rust obtain an area variance for the listed deficiencies before a building permit :;r Certificate of Occupancy .:ars be issued for the enlargement of the building . The decision of the Board was as follows : MS . COOKINGHAM: I move that the Board of Toning Appeals grant the area variance requested in appeal number 1578 . MS . BAGNARDI ! I second the motion, FINDINGS OF FACT : 1 ) Practical difficulties in complying with the regulations because the building would have to be moved . i ) The change would not affect the character of the neighborhood . 3) The proposed renovation would not exacerbate present non- conforming aspects of the building . VOTE : 4 YES; 1 NO; 1 ABSENT GRANTED 37 _ I , BARBARA RUANE, DO CERTIFY THAT 1 took the minutes of the Board of Zoning Appeals, City of Ithaca New York, in the matters of Appeals numbered 1578, 1580, and 1582 on September 10, 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. C Barbara C. Ruane Sworn to before me this SCG day of 1984 Notary Public JEAN J. HANKINSON NOTARY PUBLIC, STATE OF NEW YORK No. 55-1.050800 QUALIFIED IP!TOMPKINS COUNTY MY ;z._...."g!ry EXPIRES tAARCH 30,19