HomeMy WebLinkAboutMN-BZA-1984-10-01 BOARD OF ZONING APPEALS
COMMON COUNCIL CHAMBERS
CITY OF ITHACA NEW YORK
OCTOBER 1 , 1984
TABLE OF CONTENTS PAGE
APPEAL NO. 10-1-84 RAMADA INN 2
222 SOUTH CAYUGA STREET
APPEAL NO. 10-1-84 DISCUSSION 16
APPEAL NO. 10-1-84 DECISION OF THE BOARD 17
APPEAL NO. 1584 GIL AND KATHERINE LOCKS
505 UTICA STREET WITHDRAWN
APPEAL NO. 1585 KAREN COLLINS 18
313 HUDSON STREET
APPEAL NO. 1585 DISCUSSION 26
APPEAL NO. 1585 DECISION OF THE BOARD 29
APPEAL NO. 1586 DELL L. GROVER 32
416 HUDSON STREET
APPEAL NO. 1586 DECISION OF THE BOARD 36
CERTIFICATE OF RECORDING SECRETARY 37
f,-.ZA MINUTES 'IF 01','TOBER I ., 19rd4 PA:,E I
BOARD OF -ZONING APPEALS,
COMMON COUNCIL CHAMBERS
CITY OF ITHACA NEW YORK
OCTOBER 1,. 19S4
CHAIRMAN WEA)%,TP I ' d like to .:.all this hearing to circler This
is a n1cet i rig -,f the d;3I! appce-IL rit ed Briar d of 7-on i rig Appea Is
meeting -1r, a formal public. hea:- Jinq in three matters that arc-
listed in the official notice First.. I ' .--i like, tC introduce t tie,
pec:ple here at the tablti .
JEAN COOVINGHAM
BETTE BA&NARDI
TRACY FARRELL
RICHARD BOOTH
WEAVER
CHAIRMAN
THOMAS, D HOARD.. BUILDING;
& SECRETARY TO THE BOARD
BARBARA RUANE.. RECORDING c-I*Er-'..F!.ETAF!.Y
ABSENT ' MICHAEL TOMLAN
This Bi a r d i er a t rig under the pro-nisic%ns f the City Charter
- - ning Ordi-
f ;hi ei it; f I t h a!::a a ri'A c- p r-o v i s i c,ris o f t h e
ria_.: S. Thid ioi i I t ti e b o u r;d b s t r i c t r'-_i I e s --a f e I d erl c,e
Iii the rl,-.u C!.t f thee he7,f r,g t; t t hi e Clet Gt,.trn riot 1.c,rt s h a
f Lk ri d e d u p c,ri s u f f i ir.rtt 1 e
.3al eviderice tc.- sustairf the s•a m e We
r e cl u e s t that a 1 1. Parti --, i p a ri t s. c c.m e f c.r a r d and c,c,,,,u p y ,,*-n e
they: _. t c-. a a r,t r_ hairs a r i d &' d e rt t i f t In e m s e 1 v e=_•. a=_, t c, t h e: n a m e
i
n
J 7t E�s m a rs d -;tc,ri f i ri e t fk e d i s c ui s s i t o t h e p ra r t n rit details
ri We will taVe the, cases in the
aSe Urider cons er ate d
.--f the I
order in which the'., are identified in the r)fficial and we
will first hear the appellant and thcse who wish to speak in sup-
port -,.f the. applicatilort, fcllowed by a hearing C5 fr anyone who
EI--A MINUTES OF OCTOBER 1 ., 1984 P G E
s p p ccs e an app I I c at i o n Upon hear i rig both sides ort each
a the El,and will have findings of fact and move to a decision
on ecie.Ji case . A,t this Moment I would like to advise you that we
will be delaxed briefly - CIOUnsel has asked to address Lis in exe-
cutive session so we are gcirig tc- retire to this little meeting
room or. m left Upc.-n completion of that little w business will
e e
be bacV and call for the first case .
CHAIRMAN WEAVER: I ' ll call for the first case please .
SECRETARY HOARDThe first case is appeal number 10- 1-84 for
22222 MOUTH CAYUGA STREET fTHE RAMADA INN)
Appeal of the Ramada Inri for, a variance
under Section 34 . 8 (minimum setback require
ments ) of the Sign Ordinance to permit the
relocation of an existing sign at 222 South
Cayuga Street rRamada Inn) to the corner of
South Cayuga Street and West Clinton Street .
The sign as relocated will rict meet the
minimum setback requirements of the Sign
Ordinance . The properly is located in a B- ?
(business ] use district in which the prc-iposed
signage is permitted; however a , ariarice must
be obtained for the setba- k deficiency before
the sign can be moved to the proposed iocation ,
CHAIRMAN WEAVER We dc, rjcat ha--ve a reasonabl.., f'uro::tJ,' -_-,,ring sound
E-;ystem here tonight and rather than listen to the roar of it for
backgrcound noise.. we are going t.-- try to create our own noise s:-
if, tto- m&mbers C.J the F;,-.ard . ari�d anyone wishing tr; testif-.,-, will
y-.-.ou please speak. up and if there is difficultl,., anyone that has
- :irticular interest ! we. inVIL4-
e y:c%u to the frorit rol.w . h, p e that
the E,J�und will be ajEquate .
M F.`. . F,A R MAk L E E M-y name is- Jr.,Ihri Par malee arid I ' m r epr esent i ng ICC'-
110 rt i a 1 1 r,(i I ri r7 ca r p o r at e+d w h i h operates t h e Ramada 1nn . The ad-
RZA MINUTES OF OCTOBER 11. 1984 PAGE 3
_fres
a is 222 Scuth Cayu-.ga street in Ithaca . Shall I give my home
address: i' (u n i rit e 11 i g i b 1 e .1 What- we are asking is to Frr,-,ve the
existing sign whif_-:Yj is located or; Cayuga Street - we should have
,a rr-ap - dces everyorie have- a copy -;f the. map'" What we are basic-
ally asking to do is tr> imcove the sign to the corner of Clinton
and C'.-.,yuga from its existing location which is basically right
acrcss frc�m the MUr;iCipal parking lot arid our property . The mu-
ri ' c ' cial lot which is access to Woolworths - 'What we are asking
is move. it to this locatian primarily beCaLlSe its existing
location, now that the Tower has been constructed. it ' s riot real-
ly visible from the north or the south elevation - south direc-
tic"n , ffie . Arid by moving it tr. this location we are hoping
to at least mai..-,e: it more -visible to our primary source which
comes, from Route 13 sc=uth direction . And from the South direc-
tion ori, 1'3 the signs provided by the state direct people to come
utp "linton Street so Clintiziri S�treet is one of our primary access
streets and we have many comments; from our guests that indicate
that the,;-, have a difficult time finding us arid that might be hard
for rrtcst cif 5Lic-, to imagine. but ccming from a strange area some-
times yci.i are overwhelmed - The little additional si�-
griage that
this wiil gine. U S, would be greatly appreciated and this would be
in 'Iieu -.-,,f art,, type of largc or neon sigri can the tower structure
it=- elf whit;h was originally contemplated which probably would
have a much more questionable or adverse impact .-,Irt the local en-
air t n r-a e ri t c, we. are Just asking permissic t here . Also the
s, i9r, will be -.ipgraded present pi,-ris of the upgr a d e d
BZA MINUTES OF 0C'706ER 1 ' 1984 PA6E 4
siyn tu the P'eview Uua/d and it should be mu, e elf ectiwe aesthet-
io�lly than it is ex.istiug now . It will have new face plates, and
n more attractive base on the sign .
CHAIRMAN WEAVER : One 4uestiun On the upgraded sign, will it be
the same size?
MR P A RM A.LEE ' Dimensionally it is exactly the same . We will be
using the seme e*istirig case arid the same base' although they did
reoumrriend that we lower it a few inches so that it is even with
the top of the Uuildirig so aesthetivally it matches' so we were
going to lower it abuut � unintelligible) altogether
MR BOOTH . Why do you say the current sign is not visible frum
the north?
MR . PARMALEE � Well there is o large pine tree there that blocks
it entirely .
MR - 80074 � Camldn' t that tie trimmed or removed?
MR PARMALEE . Well it uuuld be but that would he but really uur
primar-Iv cmncero is att'aoting the traffio coming up Clinton
Street and *ith the tower it ' s imPussible to see the sign where
it is
MR BOI'D THBut if ywu put a simple sign on the tower that would
solve that problem
MR PARMALEE , Well the tower - obviously the existing building
projects out so it would somewhat obstruct it from vision until �
you got ri�ghf up - actually at the light there, before you would
actually be able to see it .
CHAIRMAN WEAVEP '- The sketoh that I have shows a diagonal
`
Fi 74-A M I N U T E ' CSF 0 C T 0 Ell E P 1 . 1 C4 C,4 P A.(q E
dimension of eight feet fr -l"Im the carner "
MR . PAPMALEE ' That is correct .
I:HAIRMAtl WEAVER : 110 ',ICU kricw what the distance on that proposal
is from either street?
MR . PARMALEE It is appro,,` imatel-,, six frc:mi the sidewalk. line to
where the be.�
.g i nni rig of the base of the sign would tie
MS . FA'FRELL : Six both ways?
MR . PARMALEE : Right .
CHAIRMAN WEAVEP '. Doe-,s that mean that the east end of it is
appro.x.imate--ly six feet in from Ca)�uga Street also"? Or isn' t there
such a dimension? You must have . . . .
MR . PARMALEE : Well what we were most conr--.erned about is the
base. . The top of the sign I believe is fifteen feet ls-arjq so it
wul-d .� ,-Ist project out about -a f,_.e,t o-ver the sidewalk on
the Cayuga Street side. . It is only ten feet so it wouldn' t hang
out over the sidewalk, at all .
CHAIRMAN WEAVER , Did you read the recommendation of the Design
Pwview Board so that %tou understand where the sign would Ithe if we
accepted their proposal'
MR . PARMALEE Verbally I did, I ha-ven' t i, ec.eive�--1 a Wr itterk Cap,
of their f i n d i rk g s We discussed it after we inspected
the site . They said that -1-hey- recommend it would stay in the
same. dirention and wouldn' t be at an angle at the rkcrth-south
direction the a- ame that it Is and that we would lower it so that
it would mat--Ji the t-1p, cf the. buildin_4 I
- those. were the two pri-
mary recommendations .
E 6
M I�--i U,T E F 0 Q.T 0 F�FE R 1 .: I1:? 4 PA C
CHAIRMAN WEAVERi Well. neither of *hich is directred to be a
, - n.:errt. t this Board - the OrdinaroCe. doesn' t
r'equlate either and
our concern is setbac4-- I ' ll be darned if I know what setback
you we proposing or they, are proposing from either street ,
Ummissioner can you read into this?
SECRETARY HOARD , What the: Brard is pr,cposirjg ' Well they are
talking about f Ive feet behind the C ay Li ga "S,t r t---e t pr o p e r t y 1 i rk e
arid six feet behind the Ilinton Stre-et line . That is the. center
of the sign pole .
",-HAIRMAN WEAVEP : YeSL
as i understand the Sign Ordinance., we are
concerned about where the sign is , not necessarily where the. pole
is
SECRETARY HOARD : But that does appear to move it much closer to
Cayuga Street - the sign itself
MR PARMALEE : From where it is existing now., yes .
SECRETARY HOARD : From 'Wtter ,:- it is shown on this diagram
CHAIRMAN WEAVER' What is the overall width of the sign'
MR . PARMALEE : Ten feet .
CHAIRMAN WEAVER, Sc. "RAMADA" takes ten feet"
MR . PAPMALEE - F1,i 9 tit I c:an show you .
CHAIRMAN WEAVER' Do you have something to scale there?
MR , PARMALEE ' Right .
MR BOOTH So this is gc-ing to make, it within one foot of the
line'
MP . PAPMALEE ' Well if, it is; five feet and the sign is ten feet .
so ( unintelligible) the overhang of the. sign would tie ex-ar`tlY
7
F Z,A r-1 IN LITE�_'l OF OCTOBER 1 i I r484 PAGE r 7
with t he line o f t h e sI d e w a I k . =;o it w o u I d ri o t p r j e c t over t h e
sidewalk: it '99 0 U 11 Cl c o m e. r i g h t t c, t h e edge .
CHAIRMAN WEAVER': That ' s what I read. They ar-e talkirAq about the
pole and aSSUMirj�
.4 it is. in the center we would have five foot
kir o-jen-tion both ways and we' d have no setback ,
MR . 6007H . Coming from Cayuga
CHAIRMAN WEAVER-. From Cayuga Street ,
SECRETARY HOARD', And here we find time. of the odditi;_:,.s of the
Sign Ordinance versu& the Zoning Ordinance . The 'icning Ordinance.
- in the P-1 zone you are allowed to build a building right on
the property line but the sign has to tie set b a c:k .
CHAIRMAN WEAVER: Certainly if a permit were granted to Ramada
in conformance with the new zone
SECRETARY HOARD . SFO 3CtU,91 1,? it is a little bit in the
right-of-way .
MR. . BOOTH: A.s 1 understand these plans, this sign will tie
parallel to Clinton Street?
MR . PARMALEE : Correct ,
MF'. . BOOTH' S-c, how is it going to help drivers cc,ming up Cl intorl
Street., they are not gning to tie able tcreact it until they are
at that traffic light .
MR PAPMALEEIf -vou go and stgn-3 on the street and Walk Lip ,
•R 600TH I went and stood on the street this afternoon .
•F. PA R M A 1-E E You see the sign from coris ider ably before the.
intersection , Well., it it is large. enough and it ' s a
r ec ogn i zab 1 e name.. pecp I e will see it �rferSUs now it is not
92A MINUTES OF OCTOBER V 1914 PAGE
having any impact .
CHAIRMAN WEAVEK So the sign is going to remain - the size is
going to remain the same?
MR . PARMALEV Right .
CHAIRMAN WEAVER' it is going to be not quite as tall?
MR , PAPMALEE : Not Auite as tall about a toot shorter, actually ,
CHAIRMAN WEAVEV Same number of letters",
MR PAPMALEE : qame number of letters and the same level of
illumination .
CHAIRMAN WEAVEK I would think:, Dick, in looking at the - what
we are supposed to be concerned with - and your question about
visibility that the little stop sign a block west - the traffic
control device at that intersection will probably be an effective
sign for the purposes of the Inn . What else do we have to be
concerned with? Are there further questions? Do you have any-
thing further you' d like to add?
MR PARMALEE ' Yes One thing I didn' t mention earlier . We did
bring a sign engineer in and he came up with several recommenda-
tions and at this time, this recommendation seemed to be the most
viable from our standpoint as far as cost considerations and we
have just completed making a very big contribution to the commun-
ity in the form of generating revenues and providing employment
and we need to assure our accessibility to our incoming guests as
much as we can That ' s our primary concern for doing this ob-
viously .
CHAIRMAN WEAVEV And your consultant is familiar with these
oA MINUTES OF OCTOBEP 1 > 1984 PIAGE 9
recommeridations of the, Design Peview Board�,
MR . PAPMALEE : Yes Actually we ha,,,ee - this was one prrc.-posal
that was drawn for us as well as ones for the entire building
which right ncw.. as I mentioned signage . . , — disregar.d.
C"HAIPMAN WEAVERFurther cjuestiorks'* T h a rt k. y cru . Is there anyone
else whsc> wishes to speak in support ofthis applicaticin' Anyone
who Aishes to spead'.,. in opposition 2 Come forward .
MR . PLAC'E , My name is Jchri P1 ace., I live. ill" West Clinton Street
and I look, out r fight on the end of the Ramada Inn arid my first
,:CnCr-1rn IS a kIersonal -coricern is that illumination from the sign
would shine into my hOUSE- - all of My WiridOWS , I ' m also cork-
r,erned about asked Mr . Parmalee. to give me the inf'or-mation on
the illumination arid he tailed to do that - but we certainly
could make some guesses that it is going to be. bright eriough to
have ark affect on the inside of my house . I do know that it is
going to be-- illuminated with f'lorescent lights and being are ea:-
pert in stress I know that florescent lighting vibrates at Such a
capacity that your brain arid your eye has to adjust to the move-
merit of the. -vibr-ation of trie lights In fact what we have under
here would tie considered e-,�:cessively stressful . We don' t get a
full spectrum even though it will be thr-ough a red shield -what
happens is the brain literally has to adjust tr" every vibration
arid so it is V-ind of like in -_;lipping Somebody - doomed to having
to pull the shides everytime. it is night out if they don' t want
to have that flickering light . even though it is 'iery Subtle
there is plerity of research evidence to say that it does aff,ect
9ZA MINUTES OF OCTOBER 1 .. 1984 PAGE t
hUffi3rl behaViOr substantially . So that is one per-scinal concer n .
thin!: the placement
think anoti cctricrecri that I ha-ve is that k i
of the sign that cic-se to a traffic intersection is ;--t danger and
a traffi,,--, hazard I am emplcved occisionally as a teacher- by the
department of Motor Vehicles., I ' ve beert, in tOLIC I with them on
this and one. of their largest number of complaints is in fact
from r oad signs - bac:-.sit road signs I ike the Ramada proposes;
-and they c.ortsider that as: a major f actc-l-r - a variable for acci-
dents Now , what is ri�9,: J1 .3 to happen is. that the way that sign
is SitUated is that it is just 3bOUt the e/.-FICt height as far as I
can determine., as the traffic light , It is also =going to be pri-
ma r i I y rel and ber.ause It is bac k."I i t., what happ erts. is, that as the
driver or someticAv I'Ltoks Lip at the stop light they are going to
be borribarded with a fairly bright light so when they bring their
eyes bac.1#1. down to the road, they are going to have a hard time
seeing - in other wor ds - people walking across, for example -
their eyes. are riot dIt takes sometimesoing to adjust to that ,
as much as two r-.r three seconds for LIS to adjust to a high beam
light and., in fact., the illumination from this sign may tie just
about as bright as a high beam light evert though it is a bit
Shaded in a red shade ,ic., I feel that it is going to be. a haz-
ard.,. I know this; -ear - just - I tried to get the irif ormation as
to how many accidents they have had -.n this; corner but I 3-.rkow
that the-, have had at least t1-kr ':-& this year ; twc: Pedest r 1 arts hav
begirt hit either r ight near the corner -they h v-_,- h a rJ a couple of
other accidents not involving pedestrians but _:ars So it is a
VA MINUTES OF OC70SER Is 1984 PAGE 11
dangerous intersection and 1 think to add another factor to that
would be a mistake . They do have - also the Ramada has a sign
that says "RAMADA INN- - it is lit by four one hundred and fifty
watt flood lamps on Clinton Street. in their parking lot and I
think that that would be sufficient and frankly the way the angle
is, in terms of the sign , I don' t believe that you can see it
much farther than from where my house is . In other words, three
or four car lengths back from the light that you are going to be
able to notice that sign and it seems to me that for the amount
of danger and affect that the sign would create right on that
corner , that it is not worth it I think also, that the desig-
nated zoning is a buffer zone and here we have a buffer zone get-
ting ready to mooe in to residential housing - we have Neighbor -
hood Housing putting in twelve apartments in the old school,,
plans to move the red house from the parking lot of the Ramada
over to the Clinton Street side so we have much more of a resi-
dential type of neighborhood occurring, yet the sign would just
reflect the business that much more . All the other backlit signs
are in terms of that, are either by Woolworths or the only one is
Pritchards and Pritchards doesn' t keep their sign on all the
time . It has an automatic shutoff at times so that that isn' t as
offensive to the neighborhoods either . Let ' s see what other - I
think that also it should be noted that the Ramada Inn is viola-
ting their declaration of covenants on their own zoning in a num-
ber of areas, both in parking as well as in parking buses behind
their lot and it seems odd that they can come and ask for vari-
BBA MINUTES OF OCTOBER lo 1984 PACE 12
ances when they are in violation of zoning laws - And that has
gotten me a little upset also , Like I said, my own personal
concern in that the light will directly affect my own personal
living and I think that the nature of the light is unhealthy and
I ' d be glad to provide you with any kind of research that you
desire on that to back it up . Don' t take my word for it but be-
lieve me it is well written and well documented .
CHAIRMAN WEAVEK Question You say you consult with the Traffic
Control people?
MR . PLACE : Well I teach the drink: and driving program at TC? and
1 consulted with their head of education for this area about what
confirmation they had on . . .
CHAIRMAN WEAVER; Are you talking about light intensity at that
intersection - isn ' t that what they do when they have a bad
intersection - give more light to it rather than less?
MR , PLACEYes . And they give down light - they give light from
above - considerably above from where the line of vision is so
that you don' t look into the light - they set the light back from
the line of view . So what happens is that they illuminate the
whole area so that - just in fact when you are looking up at a
light or something like that, your eyes don' t adjust until You
are past the intersection, Now what is going to happen with that
particular situation - there is one street light that is on my
side of the street near the corner but it only illuminates right
near Porter ' s Service Station , Now the fact is that that is a
pretty dark corner - you can all go out there and look tonight in
B—LA MINUTES OF OCTOaER 1, 1T3U4 PACE 1
a rainy Situation like this - what is going to happen is that you
are going to have _.omebody' s eyes are rust not going to adjust
—nc)t to ratent is=n the ides, of what r-ed does in terms of' color- - it
changes people' s perceptions of color one way or another , Loc}k:-
ing at something red fear a torig per' icad of time - riot to mention
all the studies that sa•y that looking at red tends to make people
violent I don' t k.n.:aw what that is going to do for me but one of
the things that is a big c:oncerra is. that - I mean : last year the
police - a police car rjcrt Fait there and a fire engine shot Fait
there, going thr-OLIgh there with all their lights on and e--,.eery-
thing like that - it ' s a diff'ic:ult intersection., I think. YOU add-
ing one. more factor with something like that as well as the im-
pact , Now I think. the. Ramada has many Cather choices to what they
prc:pose . One thirig is: that it ' s - Mr . naiggins stated in request-
my for the building that if they put lip almost all of the people
that they het are f r om reservat ic:n - why not send them the in-
formation ora how to fired the Ramada Inca instead of subjecting the
neighbor_ to a sign that is he-armful arad is generally riot in char-
acter with the neighborhood'' I think: that the Ramada has lots of
c;the.r :hoic:es . To me putting it can the building would be - far-
ther a*iytf from this: corner would tae much more logical thing and
certainly much safer aspect .
C:HA,IRMAN WEAVER ' Any questions; from anybody''
MS Ell A6IINIA,.RC'I ' 1 just have one. question - Hcw long have you lived
at your current address Mr . Place?
Mk. . PLACE ' Three years .
AZA MINI-TES, OF C)fkTr)F;ER 1 ., 19&4 PAGE 14
M'; . PAGNARDIi Okay . Thank you .
CHAIRMAN WEAVER : T h a n k. o Li . Is there anvorke else Who Wishes to
speak in, nppc--,c- -Atian t-,� this applicatlon?
VOICE 111 THE AUDIENCE : me., one other point that shculd
be .
CHAIRMAN WEAVER . 'Y,_;=_t c-t a n' t make points from there - you' I3 h a v e.
t c, c o M e, Kik: h e.re I ' ll be glad to ha-Ve YOU Make -.v0Ur point., but
C',n t h e r e d
0 Li' 1i h a v e t C M e u e r e s c� i t , ll b e
MP,, P A PMAL.E E Do I need to restate myselfor
CHAIRMAN WEAVER : No,. go ahead .
MR . FARMALEE , The sign wiil change in -color As pointed Out on
the map that I just gave. the diagram,, the letters are brown.,
dark broom cry a beige ba0.-grund They will no longer be red and
white as the existing sign is .
CHAIRMAN WEAVER : Thank you .
MR . BOOTH'. ,While you are here,, may I ask, you a question?
MR . PARMALEE ' Yes ,
MR , ElOOTH' Why do�n' t vou just move that sign back tc, the
drivewai where it meetz- the setback requirements'"* It appears
that ;:''OU have SUf f iC ierit room to do sty .
MR . PARMALEE : Well.. one cof our reasons for that is right - if we
go back vier Y far at all it will block: the sign from any Cayuga
Street ex.pcsiare at all and we are hoping to get a little of that
if we possibly could .
M P - EQ;0,T 4' I �Jcnt understand your comment You mean the sign
*. ill not be isible trc;rr, Cavuga Street if it is, moved ba'-'k tc:ward
OZILIAN MIt--IUTEIJ:' OF OCTOBER 1, 19C,4 PAGE I
the driveway?
MR. P A.RMAL E E That i s co r r ec,t Because the driveway isn' t
t:- sr--ale c'n that drawing in relationship to the building
but - it is thre.e feet back and it will start to become. obscured
from the. edge of the tr.wer the east edge of the tower from
Cayuga Itree:t, that is basic ally the reason why- we brought it to
that point .
MR , BOOTHi Put the. sign rtow is e.rtainly visible, from
CC a Y L 19 a
c;tr- eet- it Js set ba k. mu--th fu- the,.r than this sign would he_
M R . P"'Pz M A L E E But If 'we w,--fet by inn it in art equal
W 0 LI I d b e b 1 r c: e d b
r el at ionship wher e thy. e;, iE.t ifig inn is.. it
t h e w i rt
4 that pr r.j 4-,.c-,ts out t owar cis C I int-rt Street .
MR . COCITW 11"rr,%mi where., down by Woolworth
MR , PARMALEE . Right, e X ac;t 1 y
CHAIRMAN WEAVER : Thank you .
P7A MINUTES OF OCTOBER, 1 ., 1984 PAGE 16
DISCUSSION OF THE BOARD - APPEAL NO , 10- 1-84
('HAlRMA1,1,4 WEA-VER ' There certainly is a question - if we are
trying tc satisfy the ClIntort Street traffic, - that ignorlrig -11-111-ie
setback doesn't seem to make arty sense at all to me . We have a
the sign is completely .risible from Clinton Street., if it meets
the setback requirements .
MR , BOOTH-. Where-is the closer it gets., the harder it is to see.,
is that what. you are saying?
CHAIRMAN WEAVER' I ' m just saying that if it were put where the
Or-dirtance allows it,. in that sector - that Clinton Street
visibility would certainly be just as good as it would be out
next to the: sidewalk , However if' we tolerate a tower on the
sidewalk. I don' t see what lariger the sign does to the block One
of the difficulties. here is that we. can - and we frequently en-
Counter it -- is that the -,:ininq Ordinance makes pro-visions bet-
ween different uses in the center of a street.. so we have oppos-
ing uses immediately across the street from each other and Mr- .
Place in speaking against what - or for what is good for the
neighborhood is addressing his side of the street ' s approach and
we have a business use immediately across which has its neighbor-
hood is identifying itself* in trying to conduct business so there
is a genuine conflict between those two uses - this is a conflict
built in to the Zoning Ordinance rather than a violation of the
Ordinance . Do I have a motion?
KA MINUTES OF CCTOBER 1 , 19S4 PAGE 17
Appeal Number 10- 1-84 - 222 SOUTH CAYUGA STREET
The Board considered the appeal of the Ramada Inn for a variance
to permit the relocation of an existing sign at 222 South Cayuga
Street to the corner of South Cayuga Street and West Clinton
Street , The sign as relocated will not meet the minimum setback
requirements of the Sign Ordinance The property is located in a
6-3 use district in which the proposed signage is permitted,;
however , a variance must be obtained for the setback deficiency
before the sign can be moved to the proposed location , The
decision of the Board was as follows_ �
MR . BOOTH . I move that the Board of Zoning Appeals deny the
sign variance requested in appeal number 10- 1-84 .
MS . FARRELLi I second the motion .
FINDINGS OF FACT �
The appellant has a large piece of commercial property and
has several alternatives for meeting its signage needs on
this property .
2 ) There is some evidence in the record that the proposed
variance would have a negative impact on the neighborhood .
VOTE : 5 YES; 0 NO; I ABSENT DENIED
IZA MINUTES OF OCTGUER 1, 1994 PAK 16
CHAIRMAN WEAVEK May we have the next case please?
SECRETARY HC ARV The next case is appeal number 1584 for S05
Utica Street which has been withdrawn. The next appeal is appeal
number 1585 for 313 Hudson Street :
Appeal of Varen Collins for a use variance under
Section 30 . 25. of the Zoning Ordinance and an
area variance under Section 30 . 25. Columns 11
and 13 for deficient setbacks for one front yard
and one side yard, to permit the use of the pro-
perty at 313 Hudson `:street for a single family
dwelling plus a nutrition counselling office .
The property is located in an R-lb iresidential,
one family home) use district in which office
use is not a permitted use . Under Section 20 , 57
of the Zoning Ordinance the appellant must ob-
tain a use variance for the proposed use and an
area variance for the listed area deficiencies
before a certificate of occupancy can be issued
for the proposed use .
MR . GALBRAITH: Good evening ladies and gentlemen, my name is
Dirk Galbraith, I ' m an attorney. I represent the appellant, Mrs ,
Waren Collins and I hane professional offices at 301 N Tioga
Street in Ithaca New York Mrs , Collins resides at 313 Hudson
Street here in the City , Mr Hoard has stated the request for
the appeal and to substantiate the grounds for the request I
would like to introduce testimony on behalf of Mrs - Collins .
Mrs . Collins where do you live?
MRS . COLLINS : 313 Hudson Street .
MR . GALBRAITH" Okay , Can everyone hear Mrs . Collins okay? She
is a little more soft-spoken than I am How long have you and
your husband owned that property?
MRS , COLLINS Almost two years now, on November of 1912 we
purchased the house ,
RZA MINUTES. OF OC70BER 1 , 19'��,4 PACE 19
MR . GALBRAITH : Okay , And who lives there. - who is in your
family?
MR cl: a„0 L L I N S My husbari.,J and myself and our n e w soon .
MR . GALURAITH: Now Mrs: . C-:�l I i risJ at t tie, time that yc-u and your
hustiand purchased the. prc.-pe.rty., what was the use that the
basement had been devoted to?
M P,S I-`CIL L I N S The previous owner had a busine.ss in which she
produced darice -costurries.. she Used that frr office space as well
as 3CA)Ual pr-OCILICtion of the costumes .
MR . GALBRAITH ' And wtic, was the previous owner''
MRI:; , COLLPISMrs . Dorothy 'Saperstcne ,
MR . CALBRAI TH Chairman Weaver .- 'We ',13Ve E-AibMittrad a number- of
materials: rcincernirng Mrs , Saperstone' s use cf the premises which
request at this time be made .3 part of' tlrie record . Now
I would
what did the basement consist of., in terms cl-f the layout ?
MR'; . COL L I N': There is a small laundry roc-Im which is just for
the private. use of the home b�jt there are two parts of the
basement that she used for bUSiness purprses., a lar-ger room which
-P �re a a
it the time that we saw the. house., befc. purchsing it., had
Severl:.Ill sewing machines and i lar,ge cutting tattle and that sort
of thine I L
where the. actual costumes were prOdLlCed and Cheri another,
small room that she used as ark office., with filing cabinets, .9
desk. and so forth .
MRGALDRAITH` And at this time Chairman Weaver .. we have. also.
submitted photographs -J this smaller room which I would request
-d ,
aGain., tie made a part csf the recor
P z MINUTES OF OCTOBER 1 1'484 �'AG;E 'G
C:HAIRMA,tl WE::A,=tiER We' ve had the cthe.r material - each of the
members has the other material in their folder but we have not
seerh the photos .
MR. GALBRAITH'. 0k:ay In respect tc. the smaller room that you
have de=_; r ibed. how, large a r ocfm is that?
MR.S . COLLINS, It is nine arid oche-half feet by six. arhd one-half
feet .
MR GALBRAITH,. Arid cd;.:, you k:ncc,w what Mrs . ""aperstone used that
for?
MFRS COLLINS It was her r4Jice. for that business .
MR . GALBRAITH' Now is there: a sek:ar ate erttr ancce to this
basement?
MRS . COLLINS '. Yes r i=3ht off the: dr iveway to our house there is a
(door which leads tch the dr i.vewa;y arid gees: to the basement office
space .
MR, . GALBRAITH. And since you and your husband have owned the
house what have you used the. larger room for :.
MRS , COLLINS . The. larger room we ha.re Used for hobbies of our
c:wn.> refirtishing furnit!hre ancd things like that so it has not
been art office related use for us .
MP . GALBRAITH' And has the off ice. been put to an use'
MRS . C'OLLINS Wherh .we first moved in we put empty boxes in there
but other than that . no .
MR . GALBRAITH ' Okay As the r ,--lom is presently laid out and
designed. is there arty use that you can put that room to: the
smaller room, {:tither than as art office"
BZA MINUTES OF OCTOEIER I , 11,484 PAGE 21
MRS , COLLINS '. No . there is not .
MR . GALBRAITW Now Mrs Pcllins cari jou tell the Board what you
WOUld like to use the office for?
-actice, in nutriticri -
MRS r'()LLIW-1 , I ' d like to open a private pr
as a nutrition consultant arid part of' that work would be work not
dealing with the publi.c., dealing with writing as I have been for
the. Amer i,-:ark Institute of Cancer Research and things I ik.e that ,
BUt as part of my practic-,e I wc:uld like to offer nutrition
counselling for patientE. who need to follow a modified diet and
I ' d iik.e to use. that off'ice space to meet with there and to go
over the dietary with them arid provide instrLlCti,--.n for them and
their families .
MR . GALBRAITH . Arid cari YC�U tell the. Froard what your educational
background is in this field?
MR CO L L I N I have a F,a ch I r of "--;c i e n c.e d e g r e e f r o m Purdue
University in dietetics and I did an internship in dietetics and
,jus r ec ri t I y finished my master c-.f science degree in nutrition
at Cornell ,
MR . GALBRAITH Mrs , Collins ' curriculum detail has been
submitted to -Ihe:4. Board -1 1 1 Ij
ari� d like that tc be made a part of'
-11-he reccrd as well if we Could Nw , Mrs . Collins. if' you were
given permission t,--i use this -..,f'f ice to meet with clierits who
needled nutrition counselling., W6LIld there be an-y- exterior signs
on the building"
M p, r,OLL 7 Nr' No there wcu` d tie no exter ic-.,r affect at all on the
tic-use, n,:: signs or any other changes, made .
92.A MINUTEc-; C!F OCTOBER 1 , 1f18,4 P A IE:".E
MR GALBRAITH*. Arid hOW Marty Clays 3 WeC-k WOUld ,10U be meeting
with clients'?
MRS , C*OLL INS I think two half da-vs a week or rio more than
a tctai of eight or ybn rus
mae teh � ra weed'.
M FF. , G A L B P A I T H Would YOU have. any On the preMiSC-S'
MRS . COLLINS : No, none at all .
MR . &ALBPAITW And how many clients would you see at once-
MRS . COLLINi ' I WOUld JUSt meet with :.rte client and that orae.
,.wcould tie gfz.rie before the next client arrived .
MR . GALBRAITH- Is there,- adequate on-site parking to accc-mmodate
one additional car ?
MF' , 'C:01-L I N S Ohl, easily We have garage space for the cars 4-J
my husband and myself and the dr L .jeway would easily accorrimcdate
up to three cars other than ours .
MR , GALBRAITH '. Mrs . C:ollins is there anything about your
personal situation now that require jou to remain in the home?
MRS , COLLINS , I ha%ie a riew scn and I would like to tie able to be
there
CHAIRMAN WEAVERWe' ll accept the evidence .
MR . GALBRAITH . Chairmart Weaver I ' ll not ask. that her sort be made
a part of' the record here . Wculd it be practical for you to rent
office space elsewhere'
MRS , 'Cl-0 L L I N S It Would tie Very difficult because in trying to
limit the number of hours I work., that means that my income will
be very limited and to rent office space would mean that I Would
probably tie paying more than PIUS too My
RZA MINUTES OF OCTOBER 1� lga4 PAGE 2'',
income Plus other expenses included .
MR . GALBRAITH! Mrs - Collins although this is an R-1 zone that
your property is located in, are there commercial uses in the
neighborhood?
MRS . COLLINSi Yes because the zoning varies considerably around
the neighborhood . Right next door to our house is a home that is
not owner - the owner does not live there , it is used as apart-
ments - tight acrcss the street from us, a home is used to pro-
vide apartments, the owner does not live there . There are other
apartment buildings adjacent in other directions and just up the
street - up Hudson Street two houses, is the building where
Donna ' s Deli used to be locate& They ' ve left now but from -
it appears that another business use will be made of that space .
space .
MR - GALDRAITHi Prior to filing a request fcr a variance on this
matter did you get around tc talk with your neighbors about it?
MRS . COLLINS ! Yes I did , I talked to everybody that I could
find, even farther than the two hundred feet required by the
Zoning Appeal process, and no one that I talked to had any
objections at all .
MR . G ALBR.AVHt Chairman Weaver, we' ve submitted a petition
signed by the neighbors with whom Mrs . Collins spoke indicating
the lack of objection to the Proposed Use . I am requesting that
that be made a part of the record . Mrs . Collins, I think you' ve
indicated that the office which Mrs . Saperstone had, has no
utility in your home other than as an office, is that correct"
RZA MINUTES OF OCTOBER 1 , 19?4 PAGE 24
MRS , COLLINS , Yes .
MR GALBRAITH : And do you have any estimate of what it would
cost you to rent office space - were your situation otherwise and
it would be practical to rent an office?
MRS . COLLINS : I don' t think that I could find office space for
less than three hundred dollars a month - I haven' t investigated
that in great detail at this point but that is the impression
that I have .
MR . GALERAITW 1 have nothing further that I ' d like to develop
through Mrs Collins . Perhaps I could add a few observations of
my own by way of, 1 suppose, a summation . To be entitled to a
use variance, which is primarily what we are asking for in this
case, I am aware of the fact that we have to demonstrate some
economic hardship , I believe the economic hardship here is the
fact that this office, which was designed and laid out as an of-
fice in a somewhat more intensive commercial use than the proper-
ty is proposed to be put to use as here, it is - well it is real-
ly usable as an office and only that . If Mrs . Collins cannot use
it as an office she is deprived of the economic benefit of this
portion of her home . I would be the first one to concede that
this is not the strongest case of economic hardship that I have
ever brought before this Board , However , I would like to point
out that I believe that this is one of the most minimal variances
that probably this Board has been presented with and in fact it
is the type of use that I doubt that anyone would know was even
going on in the premises unless Mrs . Collins were to make them
R-A MINUTES OF OCTOBER 1, 1984 PAGE 21r,
awar e c-f this What we ar-e really ask ing for here. is 8 use var i-
i ricefi-4 r a ri a c c:e s s o r y t:s e. in a home . If the variance were gran-
ted
rart-
ted we wculd certainly _:r.,.,nsent to arty limiting conditions that
the board WOLAId want to place Thank you
•
CHAIRMAN WEAVER.- Arty questions from the Board before these
people are excused? 1 none i Thank you very MUCh . Is there
anyone here who wishes tc, speak in support of this application'
wishes tc. speak: in opposition to this
(no one' Anyone wh e.
application? (no one )
P7A MINUTES OF OCTOBER 1 , 1914 PAGE 26
DISCUSSION OF THE BOARD - APPEAL NUMBER 1585
CHAIRMAN WEAVER ! The continued use of this space under the
original use., has that been lost in the period of time that it
has been used for storage?
SECRETARY HOARDS 1 believe so, yes .
CHAIRMAN WEAVER: Esc, if Mrs , Saperstone were to repurchase the
property and try to _3o bac:k into the dressmaking, in our
judgement a new variance would be required in order to renew that
(unintelligible)
SECRETARY HOARDi Yes it would .
MR . BOOTH: It is your opinion., Tom, that this clearly falls
under the definition, of Nome Occupation?
SECRETARY HOARY Yes it would .
MR . BOOTH : I agree that this is a very minimum variance,
certainly the impact on the neighborhood (unintelligible) , I am
troubles} by the fact that it is a use -,variance and the test for
that kind of a variance is pretty tough and I don' t think: the
test properly takes into account the argument that one room of a
house can' t be used fully . I think: the test is whether the
property can be used and whether the uses; are allowed under the
zoning ordinance .
CHAIRMAN WEAVEV Well, let ' s speak: to that for a minute . Are
there any alternative uses We are. trying to isolate just the
economic benefit here and the right to enjoy maximum benefit of
this property to the owner . The alternative uses are for
residential use . I would :guess that the new apartment ordinance,
82A MINUTES OF OCTOBER 1, 19a4 PAGE 27
if I may be so simple in calling it an apartment ordinance, would
4rant the privilege to create an apartment in this home ,
SECRETARY HOARD : Yes .
MR , BOOTHI Has that been passed yet?
CHAIRMAN WEAVEK Yes it has . So there is an alternative without
any violation of the Ordinance that would probably have a —could
create a greater - more intense utilization of the house and of
the neighborhood . Considering the authority of this Board and
the possibility that a limited variance be granted for the speci-
fic use to the owner and not allow employees and not allow goods
and services but merely counselling, it would seem to me not to
create any mischief as tar as the intent of the Ordinance which
is to preserve the residential character of this neighborhood ,
Something that we have seen before with other people that are
either medical or quasi-medical that are involved in counselling
people, where the Ordinance seems to encourage medical precisely.,
in residential neighborhoods - this use seems to be a rather soft
and reasonable use, if our purpose is to look into the Ordinance
and see what the intent was , Darn little would happen to the
residential character of the neighborhood if this limited vari-
ance were to be granted So I ' d be inclined to not require an
accountant e*actly to prove the precise nature of the hardship
and look to the reasonable use of this now unused space in this
dwelling , So we have two different versions of the same
simple application .
MS . COOKIN&HAM! How descriptive could we be in making a limited
UZA MINUTES OF OCTOBER 1 , 1':48,4 PAGE 28
U S e?
limit - as I understand it - we. can be
CHAIRMAN WEAVER'. We C:C-Uld
as limiting as we see fit ,
MS . COOK I NGHAAM' When VOU Say lirftit it to the owner , are you
speaking specifically of this owner 0,r future owners
CHAIRMAN WEAVER' Well, let ' s talk. about it . I would propose
that this or any other cwrier in a consulting ser-vice, whether- no
employees arid no gcl-orls and servic.e.s involved and the use by the
+:owrier .- CfAlparlt, seems to me to be pretty se'ver'e limitations . It
the present owner- were. to sell.. the new owner would have the
prc,blem -would have the variarice, as I see it, but would have the
problem of' tailoring some kind of a consulting business that
would meet those requirements .
Mr; COOKINGH-AM, Arid he r'rr she would have to be the person that
W 0 Ll i ha-v-r-- the bus - riess., they could riot rent the space. to someone
else?
CHAIRMAN WEAVER! I would be glad to Make or to second the motion
with that limitation and it would meet what I hear as the request
of the appellant , Do we. have third -ver-sions'' It would be help
ful if' we wer-e to vrate on this but once, to have some indication
o f'
whether we can !get a second to either of the proposed motions
and
MR , BOOTH' I didn' t propose a motion , I was just talking .
DZA MINUTES OF OCTOBER 1 , 1984 PAGE 29
APPEAL NUMBER IS85 - 113 HUDSON STREET
The Board of Zoning Appeals considered the appeal of Karen
Collins. for a use and area variances to permit the: use: of the
property at 313 Hudson Street for a single family dwelling plus a
nutrition counselling office , The decision of the Board was as
follows :
CHAIRMAN WEAVER: I move that the Board grant the use and area
variances requested in appeal number 1585
conditioned as follows '. 11 use of the: room in
the basement of this dwelling for the purposes
stated in the application, 2) use of the: room
to be limited to use by the owner , 19 the room
will be used only for the consulting practice
as described in the application with the
understanding that it is limited to the owner
of the building only and further., 41 that there
be no employees and no goods and services
provided .
MS, COOKINGHAW I second the motion .
FINDINGS OF FACT :
1 t There is: a hardship in that the space in the basement.,
for-m+e:rly used for home occupation - manufacturing - is now
unused .
2) The owner would suffer the loss of the e=conomic: benefit of
this; desirable office space, were the variance not granted .
That the proposed use would have very little impact in the
RZA MINUTES OF OCTOBER 1, 1904 PAGE 90
neighborhood, in creating additional traffic:, ncise or rather
activities which would be detrimental to a residential
neighborhood .
VOTE ; 4 YES; 1 NO; 1 ABSENT GPANTED WITH CONDITIONS
''AZA MINUTES OF OCTOBER 1 .. 19t4 PAGE 31
DISCUSSION BEFORE THE VOTIP- G ON APPEAL NUMBER 158 - All HUDSON
STREET
MR„ BOOTH! Let me ,just say that I think it is unfortunate that
the Zoning Ordinance doesn' t allow this kind of use in this zone .
I ' m going to vote against the action - I have a great Ileal of
sympathy for the applicant .
CHAIRMAN WEAvEW Any further discussion?
RZA MINUTES 1,3E OCTOBER 1 , 1934 PAGE 32
CHAIRMAN WEAVER.' We' ll have the next case please.. 416 Hudson
Street . No . 1586
SECRETARY HOARD: Appeal number 1516 for 416 HUDSON STREET
Appeal of Dell L . Grover for an area variance
under Section 30 . 15, Columns: 6, 7, IC, 11 , 13 .
13, and 14, of the Zoning Ordinance for defi-
cient lot area and width,, excessive left cover -
age, and deficient front, side and rear yard
setbacks: to permit the conversion of the exist-
ing store plus dwelling unit at 416 Hudson
Street to a two-family dwelling . The property
is located in an R-1a Presidential, one-and two-
family dwellings ) use district in which the pro-
posed use is permitted; 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 proposed conversion .
MR MAZZA; My name is Ed Mazza, I ' m an attorney representing
Dell Graver . It sounds: like we are asking for an awful lot in
this ,appeal: there .are lets of deficiencies . As it is now the
property is: used as a grocery stare on the first floor, although
vacant at this: time because the tenants couldn' t survive there
and an apartment in the upstairs . This has been used in this
manner for many years - since before the Toning Ordinance and it
is now a legal, non-conforming use , The deficiencies for the
area ';variance as requested, have also been in existence for the
same amount of time . Put simply: what we are asking for here is
to reduce the amount of deficiencies , One of the: deficiencies,
according to the Ordinance is that commercial use not be allowed
there - this; kind of commercial use . We are seeking to make it
an apartment instead of a grocery store which would be more in
compliance with the Ordinance - calls for . The other deficien-
RZA MINUTES OF OCTOBER 1, 19184 PAGE
cies wool-d still remain. - they are not going to be increased
although
although some of them aregc: ing tc: tie dec;reasecl tie c;au=_:e of -tile
nature of the use . The 'Ordinanc:e calls for smaller setbacks,
when the use is residential ratherthan commercial . The reason
that we are r)cst keeping this as a commercial ksrct }erty as a gro-
cery store is, that - you are: pr -,-.bably familiar with the c;oriven-
ience stere that has gone: tip op. Aurora Street, I think', it is in
the Town of Ithaca, toward. Ithaca College. That has taken away
all the. business that this neighbor hood grocery store used to
have and it ,just is not possible for the: tenants to sur --.ii--.,e
there . We cannot remove the def'icienc: ies that exist there now -
the cines that we- are asking variances f'or , without redoing the
outside of the building tc. the paint that we have to tear it
()awn: We are n t seeking to incre-ase the size of the dwelling
either - to make it more def'iccient, we want to keep those the
same and just reduce the deficiencies of the Ordinance by making
it residential instead of a grocery stare . I don' t know if you
want me to go into the =_;pec if ifs=_• :=f' the clef ic; iences - I think. I
Spell---d them Out in the appeal paper's arid there is a drawing
there that also shows there. The drawing is my drawing, I ' m not
ars engineer but it is as c:lc==_:e .,s I could come . We did find two
stakes in the back: and f ream those stak,,es we were able to make
this drawing reasonably accurate .
MR. BOOTH, Arid there will be no outside alterations;'
MR . MA«A.' Norte. at all Other than general maintenance and
things like. that but no increase in size .
RZA MINUTES OF OCTOPER 'A., 1984 F1 AG E '214
MS . COOKINGHAM" How 'Large will each one of the apartments be''
MR , GROVER , Two to three be.drooms., whate-ver Mr . Heard says that
I cart put up there .
MR , MA22Ai You meari the riumber of bedrcoms or, the SCILlare
footage?
-in-v bedrooms are. going to
MS . r.00K.INGHAW I d I i to r:.n o w how m
be irk - how many are in the upstairs apartment right now !
MR GROVER . Three .
M 1:; . COOK.INGHAM ' Is it a family residence?
MR GROVER : Students .
MS COCKINGHAM' How many residents?
MR , GROVER * Three ,
MS . CID 0 Y.I N G P ph,,M How abcut downstairs - the same thing
downstairs?
MR . BOOTH, Arid it will tie art upstairs apartment and a
downstairs?
MR GROVER'. Pight I ha-ven' t got art ar0hitr--.CtU8l dr-awing yet,
it could tie two there as far as I know - two bedrooms - it may
not be three bedrooms, I don ' t know .
MR . BOOTH : You do riot live there?
MR . GROVER '. No .
MR . MAZ-4 A' He li'ves arcund the corner r:-rt Hillview - about half a
blockA I mi�
4h-1, c
add tc, that given the situation with this
other- convenience store up the hill., it would probably be
very difficult and a se-vere hardship to try tc find .9- tenant to
put in a grocery store there bA-CaUse- it is just riot economical
aZA MINUTES; OF OCTOBER 1, 1x484 PAGE 11
any
CHAIRMAN WEAVER: Arty further questions? All right, thar-1k. YOU
I see no on,,:-- irk the rc,,:,,m to speak. in arty direction - that ' s one
Of' OUr measurements Of' success isn' t it?
MR , BOOTH: Let me just say that I would hope that this
application is a model tor tuture applications in terms of its
clarity .
CHAIRMAN WEAVER'. Did Counsel hear that ! YOU had your back
partially turned, I ' d hate to have you miss that ,
PPA MINUTES OF OCTOBER 1- 1084 PAGE 0,
APPEAL NO . 1586 - 416 HUDSON STREET
The Board of Zoning Appeals considered the appeal of Dell L .
Grover for an area variance under Section 0 , 25 Columns 6, 7,
10� 11 , 120 13, and 14, of the Zoning Ordinance for deficient lot
area and width, excessive lot coverage, and deficient front, side
and rear yard setbacks, to permit the conversion of the existing
store plus dwelling unit at 416 Hudson Street to a two-family
dwelling . The decision of the Board was as follows '.
MR , BOOTH; I move that the Board of Zoning Appeals grant the
area variance requested in appeal number 1586 ,
MS . FARRELL : I second the motion .
FINDINGS OF FACT :
1 The proposed use would lead to a less intensive use of
the property than has previously existed .
2) The proposed use will not increase any of the existing
deficiencies as listed by the Zoning Ordinance .
t The proposed use will in fact reduce some of the existing
deficiencies .
4) The proposed use is completely consistent with the character
of the neighborhood and in fact will improve the character
of the neighborhood .
5) The applicant has shown practical difficulty in that
compliance with the Ordinance would require the removal of
the building as it now exists .
VOTE ; S YES; 0 NO; 1 ABSENT GRANTED
_ 37
I , BARBARA RUANE, DO CERTIFY THAT I took the minutes of the Board of Zoning
Appeals, City of Ithaca New York, in the matters of Appeals numbered 10-1-84,
1584, 1585, and 1586 in the Common Council Chambers, City of Ithaca New York,
on Monday, October 1 , 1984, 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
Sworn to before me this
Al day of 1984
Nota y Public
JEAN J. HANKINSON
NOTARY PUBLIC, STATE OF NEW YORK
No. 55-1660800
QUALIFIED IN TOMPKINS COUNTYboZ
MY co%P'?isstoq EXPIRES MARCH 30,19