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HomeMy WebLinkAboutMN-BZA-1976-01-05 i BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, JANUARY 5, 1976 I MR. JONES: First order of business is to elect a new chairman for the coming year. The chair will open the nomination for the offic� I of chairman. Mr. VanMarter, I'd like tonominate Peter Martin. Th nomination made and seconded. Somebody move the nominations be closed before we make this. . . . . . . . I MR. GASTEIGER: I move that the nominations be closed. I MRS. WOOD: I second. MR. MARTIN: Let me thank you for the confidence that you've shown in me and I will endevour to carry out your wishes both tonight an in the ensuing year. Let me propose that we deal with another new year technicality before we move on to the business of tonights hearing. I think that all of you have a copy of the rules- and regulations of the Board of Zoning Appeals, City of Ithaca. These are rules and regulations which have governed our hearings in past M years. I move that we adopt for the year of 1976 those same rules and regulations for our hearings. MR. GASTEIGER: I second. MR. MARTIN: The motion has been seconded by Mr. Gasteiger, is there any discussion, These rules and regulations of course may be amended in the course of the year if we discover some holes in them or flaws that we have' not discovered in years past. All thos in favor of adopting those rules and regulations. They are then unanimously approved. Do I assume that a copy is on file in your office Mr. Jones. MR. JONES: Yes you may assume that. PRESENT: Peter Martin, Chairman John Bodine C. Murray VanMarter Rega Wood Edgar Gasteiger Edison Jones, Deputy Building Commissioner, Secretary Chris Smith, Recording Secretary ABSENT: Gregory Kasprzak Appeal # 1103 - The Appeal of Arnold Meyer Sign Corp. and Bern Furniture at 120 W. State St. in a B-3 district for an exception to the Sign Ordinance under section 7, subsection A. paragraph 2. MR. BLUMM: My name is Buzz Blumm from Arnold Meyer Sign Co. in 2 Binghamton New York, and I'm representing Bern Furniture. Our request is very simply to add the word furniture to the existing sign that reads Bern. As I stated in my appeal, we feel that the store is not properly identified with just the word Bern up there and they do sell furniture and we want to add the word furniture just below Bern. As I also stated adding the word furniture, would bring the square footage to 87 sq. feet. One other thing that I would like you to keep in mind is that Bern Furniture recently claEsdd their store in Oneonta and both Bern and the Furniture sections came from that store. We refurbished the word Bern last summer. We painted it completely and fixed all the neon and put i up on the store. If this appeal is granted we would do the same with Furniture, the word furniture. So, that it did take on the appearance of a new sign, although it is not. The only thing that I can say once again is to reiterate the fact that the store is no properly identified unless the word furniture is installed on the storefront. MR. MARTIN: Could you explain why there would be great difficulty or hardship if you were to seek to get both Bern and Furniture wit - in the amount of space allowed by the Sign Ordinance. MR. BLUMM: The hardship would be that Bern Furniture would not be able to use the existing signs and would have to buy new signs. MR. MARTIN: Could you explain what kind of hardship that is? MR. BLUMM: Well it is a financial hardship. Only financial. I MR. MARTIN: In what magnitude? MR. BLUMM: Between 2 and 3 thousand dollars. MR. MARTIN: The old signs have to be refurbished in any event, you were saying. MR. BLUMM: Yes, that is right. MR. MARTIN: There are in the vicinity of that building a number o businesses with signs that appear to comply. MR. BLUMM: That is correct. MR. MARTIN: I noticed a travel agency, this evening as I walked by with an illuminated sign, why is this property different from those which are managing to comply? MR. BLUMM: Well, I'm not sure the travel agency that you refer to but there are several signs on the street that are quite a bit larger than what the Ordinance allows. Also there are quite a few signs on the street that are projecting signs. This sign is flush mounted, flat against the wall. I have some polaroid prints which I'll pass around and the pictures show three signs in particular which are in the immediate vicinity, which both project from the building over hang the sidewalk and also which are over the 50 sq. feet and they are the ILF sign, State Theatre Sign which includes both the projecting sign that reads State, plus the marquee and the Book Sale Gallery Sign. MR. GASTEIGER: Are they new signs? MR. BLUMM: No, they are not. Also in the same vicinity there are many signs which are obviously within the square footage allowed but which also project overthe sidewalk which attend to draw more 1attention. The projecting signs tend to draw more attention then ! do the flush mounted signs. MR. MARTIN: Are you prepared to enter the pictures in the hearing. MR. BLUMM: I feel that a flush mounted sign is quite a bit more unobtrusive than a projecting sign and perhaps you might feel that ) this would qualify us for more sq. footage than the 50 that is allowed. MRS. WOOD: You have said just now that with the proposed addition, it would be 87 sq. feet and on the memorandum from the Planning and Development 75 sq. feet. MR. BLUMM: Well, they might have computed it different. We could go with their figure if you like. MR. MARTIN: Well, I might say, I indicated that I would put in the record what the Planning Boards recommendation is and in this case they report the case they use the figure of 75 sq. ft. (about) the Planning and Development staff recommends denial. Mr. Benson noted that the neighboring stores which have already brought their signs into conformance with the new sign ordinance as required by 979 are distressed with the sign of Bern sign. She moved to deny he request and the motion was seconded and carried unanimously. So, we do have that negative recommendation from the Planning Board Are there other questions from members of the Board? 4 MR. VANMARTER: The question could best be directed to the owner and perhaps of no value to Mr. Blumm and that is if the owners ,is aware that it would have to be brought into conformity in 1979, this is an economic consideration that might weigh in the decision MR. BLUMM: The owner is aware of it and I've been aware of it myself for several years and I've advised all of my customers of that. Still is that the end of the year? It still gives us four years of usage out of the sign. Is that correct? MR. MARTIN: Yes. So, in any event in every case where this Board has acted affirmatively on variances from the Sign Ordinance, we have put those variance signs to the same deadline as non conform- ing signs under the current ordinance. MR. BLUMM: I know that. MR. MARTIN: So that would be the understanding on which you request it. Other questions? MR. GASTEIGER: Clearly then, Bern Furniture knew about the limit- ation in area for a new sign and they put up the sign. . . . . . . . MR. BLUMM: Yes, I advised them of it myself. I knew that we were over sized and rather than have us build them a new sign, he wanted us to refurbish at least the word Bern for the time being which we did and install it at a minimum of expense to him. MR. MARTIN: Ok, any further questions of Mr. Blumm. Is there anyone here would would like to speak on behalf of this appeal? Anyone who would like to speak in opposition? NANCY MEYER: The name is Nancy Meyer and I'm speaking on behalf of CDAT tonight and I'm not sure that I'm speaking specifically against for for it but I guess I'd like to speak to the ideas that CDAT is trying to promote and then through it to the BZA for them to make a decision. MR. MARTIN: Would you spell it out for us. MRS. MEYER: CDAT is Commons Design Advisory Team and one part of our job has been working with all the merchants and building owner in regards to signs. We have taken a stand, I think a policy stand which is consistant with the sign ordinance in that we have requested all the people on the commons and on the peripheral streets to remove their projecting signs. Now, we have asked them to do this early because we are trying to improve the whole 5 (I visual environment in the downtown area. In accordance with that then, we are really also taking a stand on asking them to conform with the Sign Ordinance on some very basic principle. The princip e is that no longer does traffic flow through the downtown area in the same way and that the purpose of signs has changed from a moving vehicle oriented audience so to speak to an audience which is more pedestrian oriented. I think that this also applied to the area of State Street that one block because we are going to be encouraging that same sort of phenomenal where people are walking and too to reduce the competitive nature of signs which is what the projecting signs really tries to reach out to. So, I only got notice of this in the last week and I have not called my committee together to respond to this although we have been asked as a committee to respond to such issues but I think I can speak for them that they would like to see the Sign Ordinance upheld so that you reduce that particular kind of competitive factor and that they don't have to feel that they have to out do someone but they in fact are compatible with other signs. I have nothing to say about the Berns so far and I guess the only question at this point might be whether or not furniture is kept to a minimum even though I'm sympathic to his need to identify the purpose of the store, especially it being a new store. So, we are trying to ask them to clean up the facades and in that we want them to try to reach out to have the highest standards possible in terms of signs both in size and cleanliness or the condition that the sign is in. MR. MARTIN: Is there anyone who wishes to speak on appeal 1103? This concludes the hearing on this case. i 6 BOARD OF ZONING APPEALS, CITY OF ITHACA, EXECUTIVE SESSION JANUARY 5, 1976 APPEAL 110 MR. GASTEIGER: Made a motion to deny the application for Appeal # 1103. MR. MARTIN: I second the motion. FINDINGS OF FACTS 1) Requested variance was for a sign considerably beyond that permitted by the Ordinance. 2) The owner at the time the Bern sign was installed, knew of thel limits imposed by the Ordinance. 3) The evidence presented failed to demonstrate that a sign which complied with the Ordinance, could not provide adequate display and identification on that block of State Street. VOTE: Yes - 5 No - 0 APPLICATION HAS BEEN DENIED. i 7 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, JANUARY 5, 1976 i Appeal # 1104: The Appeal of Arnold Meyer Sign Corp. and Cole Muffler Co. at 231 Elmira Road in a B-4 district exception to the Sign Ordinance under section 7, subsection A, paragraph 1. MR. BLUMM: Our Appeal here on behalf of Cole Muffler is once agai to put up a sign that is over the 50 sq. ft. that is allowed. As I� I stated in my appeal, we feel tht the Cole Muffler location is 1 located several hundred feet off of route 13 and pretty far down the road so that if we put up a sign that complied with the 50 sq. i ft. , that it would not draw attention nor would it be too legible from that distance. I would also like to draw your attention to the fact that in that same area, on Elmira Road and on down route 13, that there are many signs in that area that are well over 50 I sq. ft. and I have some figures here. In the vicinity of the Cole Muffler location, are McDonalds which have a 200 ft. free standing sign, Erie J. Miller which have 78 sq. ft. , Cutting General Motors Dealership which has 92 sq. ft. plus he has now put up a painted sign that is 32 sq. ft. that is a total of 124. Grand Union which is about two blocks down from where Cole Muffler is which has 200 sq. ft. and Cooper Tire Sign which is on it looks like it' s on the Ashland Gasoline Station property, which has 112 sq. ft. I have polaroid pictures which you can keep and enter into your file. First of all I took a picture of another Cole Muffler Sign in Binghamton which depicts what the sign will look like. Next, is a picture depicting Erie J. Miller' s and Cutting Motors. Nwxt, is a picture of the Grand Union sign. Next, is a picture of Cooper Tires, Carrolls is the name of the business. I also want to point out that when Don Cole opened this muffler place that he had us remove 4 other free standing signs that were on the property. I don't know if you are familiar with them but I will describe the signs to you. Unfortunately, I don't have pictures of the signs . We removed a free standing Lincoln Mercury sign which was 73 sq. ft. , a free standing Caprice sign which was 21 sq. ft. , a free standing used car sign which was on the east end of the property which 32 sq. ft and a free standing Austin Healy sign which was 18 sq. ft. total sq. footage of the free standing signs that we removed was 8 144. What we proposed to put up is a Cole Muffler sign which has a total of 91.87 sq. ft. that is almost 92 sq. ft. We would like to put the sign on the existing pole which formally supported the Lincoln Mercury Sign. MR. MARTIN: Ok, again could you frame things in terms of the kind of finding which this Board would have to make to grant the varian e. What is the difficulty or hardship for Cole of having to comply with the Ordinance which limits them to 50 sq. ft.? MR. BLUMM: The hardship is identification of the property. Now, as you come down route 13 from Elmira, I guess you are traveling west to east or south to north, coming from Zikakis in towards town, when you get to that bend in the road, before you hit the traffic light, that' s where you are looking directly at Cole Muffler and you are so far away from it that a 50 sq. ft. sign would not draw the attention and would barely be legible from that distance. He does have a sign on the building, the neon sign which reads Cole Muffler, the sign faces in such a direction that you can't read it from there, it faces actually 90 degrees from the point of vision. MRS. WOOD: How is that a unique hardship which is not shared by every other business on that section of the Elmira road, which is not Route 13? MR. BLUMM: You mean in the immediately vicinity of Cole Muffler? MRS. WOOD: Well, everything on the Elmira Road in that portion that goes from the intersection from Route 13 over to Grand Union. I'm sure that it is a hardship that you were referring to namely that there is difficulty in attracting business from another street . MR. BLUMM: Well, Grand Union has put up a 200 sq. ft. sign. MRS. WOOD: But, I want to know how it is a unique hardship for Cole? MRS. BLUMM: Unique? MRS. WOOD: Well, that is part of what we would have to find. The hardship created is unique, and not shared by all properties alike. MR. BLUMM: Well, it isn't shared by others because the signs that do conform are much closer to the intersection. There is nothing behind him except way way down the road. One that is down the roa is Grand Union which has 200 sq. ft. i 9 MRS. WOOD: There are other businesses. MR. MARTIN: Let me read in the recommendations that we had from the Planning Board again it is a negative one, unanimous recommend- ation to deny. One of the stated rational, one of the members of the Board put into their minutes, was that the Muffler Company doesn't sell an impulse item, so it doesn't need a so prominate a sign. What is your reaction to that, that there might be an arguement for a larger sign that would grab people off the Elmira Road if you were trying to sell them hamburgers or something but, with Mufflers they know whether or not they are going for Cole and that is all you need is something that allows them to identify Cole when they are in that vicinity. MR. BLUMM: Well, I'm not an expert on marketing but whether it is an impulse item or not people still have to be able to find them, if they need a muffler. They might drive down the street and need a muffler and not be able to see them. MR. MARTIN: Questions from members of the Board? MR. GASTEIGER: Do you know if the sign on the front of Cole Muffler comes within the zoning code? MR. BLUMM: I don't know. MR. JONES: Yes, it does. MR. MARTIN: Any further questions? Thank you Mr. Blumm. Is there anyone else who wishes to be heard on this case? First any- one else who wishes to be heard in favor of the requested variance. Anyone who wishes to speak in opposition? That concludes ou^ public hearing on Case 1104. 10 � f f BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, JANUARY 5, 1976 EXECUTIVE SESSION APPEAL NO. 1104 Mr. Martin moved to deny the appeal for case # 1104. Mr. Bodine seconded the motion. FINDINGS OF FACTS 1) The proposed sign is almost twice the size permitted by the Ordinance. 2) Evidence presented failed to show that there were circumstance peculiar to this property which made compliance with the Ord- inance impracticle. 3) Given the location of the property it would not appear certain that a sign even of the size proposed, would make much diff- erence on the visibility of the business. VOTE: Yes - 5 No - 0 APPLICATION HAS BEEN DENIED. I I t BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, JANUARY 5, 1976 Appeal # 1106: The Appeal of Philip White, Jr. at 110 S. Albany Street in a B-2 district for a use variance under section 30.25, col. 2. MR. WHITE: I'm Phil White, Jr. R. D. # 5 Ithaca, New York. We are asking for a use variance in the garage of the rear of the property based on the fact that we really don't feel that it is changing the character of the neighborhood at all or that it is any bother to anybody. We are surrounded by Boykins Body Shop, City Parking Lot, Knights of Columbus parking lot, Fire Department to the rear and that type of thing. We have sent all the letters, I've got a copy here which invites anybody who has a question to contact me on it. It was just that if anybody had any questions on it they could come here to give me a call on it. I had one call on it and the man said that he would help in any way that he could. MR. MARTIN: I've been handed by Mr. Jones a petition that bears 20 signitures which is in favor of the requested variance. Was this passed around by you or. . . . . . . . . . . . MR. WHITE: That signiture was taken by my tenant Mr. Bergman who is here tonight, he is the tenant that rents the garage. MR. MARTIN: Alright, I will enter that in the record of this hearing. MR. WHITE: All those signitures are names that were on the list o property owners within the 200 feet range. MR. MARTIN: Are there questions from members of the Board? MR. GASTEIGER: I'm curious to know why this has come after two years? MR. WHITE: I guess, my ignorance, I thought that it was a legal type of thing to have there when he approached me on renting the garage a long time ago. It has been there something in access of two years. MR. MARTIN: Lets see the property is zoned B2 is that right? MR. WHITE: Yes. MR. GASTEIGER: Can you comment on the fire hazard aspect of the Planning and Development Board? MR. WHITE: He does do some touch up painting there and that type 12 of thing. Somebody from the Fire Department did stop by one day and discussed with him small amounts of paints in containers which he immediately got rid of and other paint they wanted stored, and felt better stored in a metal container, which was taken care of. The majority of the cans that the man saw were basically cans that were kept because they had the label, color of a particular car for a particular year, there seems to be thousands of shades, that kind of thing. He had one fire extinguisher on the premises and h now has three extinguishers. Just very small amounts of flammable material are kept around. What are, are kept in metal containers. MR. GASTEIGER: Is there a blower system, is there a venting of paint odors? MR. WHITE: No, it' s a small two car garage and it 's not that extensive painting. MRS. WOOD: It said in your appeal that this is a part time advoc- ation, what does that mean? MR. WHITE: That means that the man has a full time job someplace else. He is a cook in a restaurant and this gives him regular business hours during the week that are free to do that type of thing there rather than nights and weekends where it could be a nuisance to people as well as to my tenants in the building there. But, it is done during business hours. MRS"r WOOD: I take it that by advocation, you don't mean that he doesn't make any money at it. MR. WHITE: No, I don't. I think advocation is a hobby type of thing, self supporting, it is it' s a moonlighting job type thing. MR. MARTIN: Asking you again, to put things in terms of ghat we might have to find to grant the variance, can you explain to us in little more detail, why it is that the property can not reasonably be used for the uses that are specified in the Ordinance. Why it would be difficult if not at7all possible to comply with the Ordinance? MR. WHITE: I think that the Ordinance doesn't permit it period. MR. MARTIN: Right. MR. WHITE: It' s a small garage and just everything around it is that type of thing. I don't think that we could find a tenant for f 13 just dead storage. MR. MARTIN: Could you explain what kind of search you went through in getting this tenant, I mean did you have difficulty in finding a tenant for uses that were permitted by the district? MR. WHITE: Nobody that I had in the building was interested in renting this garage so we looked elsewhere to find somebody to ren it. There are five apartments in the building and nobody wanted it, there is a big city parking lot right adjacent to it and we do furnish parking in addition to that for couple of tenants that are included with their lease on the house. So, we had to go elsewhere to find one. MR. MARTIN: Further questions? MR. GASTEIGER: I think it will be helpful if some of the people who signed the petition were identified was as to their location mid interest in this activity. MR. MARTIN: There are 20 persons who signed this and their address- es are on Albany Street, Geneva, State, Green and so forth so why don't I pass it on around. MR. WHITE: Are there addresses on that? MR. MARTIN: Yes, it shows their addresses. MR. BODINE: Phil, could you tell me does Ron Bergman, live at the house there? MR. WHITE: No, he doesn't. MR. BODINE: He lives elsewhere. MR. WHITE: He lives elsewhere, right. Mr. Bergman went to basic- ally all the names on the list and said that he had nobody that ha any objections to it and there were more than 20 names on it but alot of people were away. He just attempted to do this last week. MR. MARTIN: In the course of the period of time that this use has already been going on there, have you had any objections from neighbors? MR. WHITE: No, not a one. I had one of my tenants in a building who works different hours request that we do something a little different and we did. He doesn't really start anything before 11:00. The lad is a waiter at L'Auberge and I guess they keep him up kind of late. j 14 MR. MARTIN: Any further questions? Thank you Mr. White. MR. BERGMAN: Good evening, I'm Ron Bergman and. I do used car clean- up detail work, wax, wash etc at 110 S. Albany, which I rent off o Phil. There is no acetylene torch used in my business or anything that could cause a fire. There are three fire extinguishers on th premises and 100 ft. length of hose is readily available. Running water in case if there ever was a fire, I don't smoke myself and there is a half of dozen no smoking signs in the area that I work. It measures out to be approximately 198 sq. ft. which is just barely enough room to pull in a medium size car and get around it to do my work, so it is a very close area. I do work maiAly in the afternoons when I have work to do. I haven't had a job in there in three weeks, so I'm waiting for something to come along. Like I say there is no gasoline or benzine or turpentine or anything laying around, I don't use anything of that sort. Some small quantities of lacquer thinner are put in a metal container and it is labeled of course. I've talked with the landowners in the immediate area and none of them had any complaints. My business � or my hours don't interfere with any of their businesses and I don' t think that it changes the character of the neighborhood any. Like Phil said we are right on the side of the city parking lot and I feel that the garage and outside is kept cleaner than the City Parking Lot itself. There is no leaves around my garage, they are always raked, I'm sure the Fire Department will vouch for that. I is just kept clean. There is no fenders laying around, Ao junk laying around the building, no garbage to attract any rodents or anything, no eyesores around the building or anything. Like Phil said, I've been there for -about two years and we haven' t had any complaints. One minor incident came up and I took care of it and like I said, I don't come in much before 11:00 in the morning, if II have a job to work at. You can check the police complaints records if you like, there is no complaints on me down there. The e is no major collision work done, just small jobs. Mainly wax, touch up jobs, detail work, clean up etc. MR. MARTIN: Questions? MRS. WOOD: Do you have cars stored outside the garage waiting to be . . . . . . . . . . . . 15 MR. BERGMAN: At the present time I have one automobile which belongs to me and it is parked in the back of my garage. It' s a 66 Chevy and it' s in good condition. I'm Just storing it there just for my own personal use. It' s not being dismantled or nothing, there is nothing missing off the car. And that can be moved if I have to move it at any time. MR. GASTEIGER: Are there any employees? MR. BERGMAN: No sir. MR. BODINE: Ron, how many cars do you do in the course of the year? MR. BERGMAN: In the course of a year, maybe a hundred small jobs. MR. BODINE: The garage itself, is it a frame building or is it cinder block? MR. BERGMAN: It is a frame building, I believe. MR. MARTIN: Further questions? MRS. WOOD: I have a question about the recommendation from the Planning and Development Board. MR. MARTIN: Let me put that in the record since we have not done that yet. The motion that passed unanimous was that and it has a if clause to begin it, if the use is in accordance with the Master Plan and is not offensive to the neighborhood, the Planning and Development Board recommends granting the variance for operations as described in Zoning Appeal 1106, for the present tenant only. That had been preceded by a statement by the Planning Director for the city Mr. Thys VanCort that the use is in accordance with the Master Plan. Alright, that is the recommendation that we have. MRS. WOOD: Well, I wonder what the status that falls calls for the present tenant only, if this appeal is granted, well it is at leas the precedence of the continued use of this. . . . . . . . . . . . . . . MR. MARTIN: Well, this Board could and can impose conditions on the grant of a variance and I guess what they are recommending is that we limit the variance to this particular tenant based upon the history of his operations and the hours that he keeps and so forth. If we didn't do that than the variance would be for the requested use and if there were a new tenant who was going to do basically the same thing but keep different hours or did other different things, the variance would still be in effect. li 16 + I MRS. WOOD: This is perfectly permissible, we are permitted to act on . MR. MARTIN: To impose reasonable conditions on a variance. MR. BERGMAN: May i say one other thing there is no signs up of any sort anywheres on the garage or near the garage and there wouldn't be any put up regardless, I wouldn't consider putting up any signs. I mean the way that it is. There is nothing that would lindicate any business activity in the garage like I said, no junk (( laying around, you are all free to come down anytime and just see what is going on. There is no signs up, I don't have anything lik that in mind, just part time afternoons if I'm there then. ' MR. MARTIN: Further questions; Mr. White I'd like to direct a question to you again. You would have no objection would you to our imposing a condition that this be limited to this particular tenant, I assume that the tenant has no objection. MR. WHITE: I'd be perfectly happy with that. MR. MARTIN: Is there anyone else who would like to speak on this case? First anyone in favor? Anyone here tonight who would like to speak in opposition to this requested variance. This concludes our hearing on this case. 17 BOARD OF ZONING APPEALS, CITY OF ITHACA, EXECUTIVE SESSION JANUARY 5, 1976 APPEAL # 1106 Mr. Gasteiger made a motion to grant the application for Appeal # 1106 with the following conditions: 1) Limited to this tenant, Mr. Ronald Bergman; 2) No external signs be posted; 3) He is not to employ anyone to assist in this business on this site. Mr. VanMarter seconded the motion. FINDING OF FACTS 1) Proposed use does not detract from the nature of the neighbor- hood. 2) There was at the public hearing, no opposition stated by property owners or residents in the neighborhood and in fact a petition of support signed by twenty (20) was presented. 3) Evidence presented showed that there might be some difficulty in renting this property for garage space or storage. VOTE: Yes - 5 No - 0 APPLICATION HAS BEEN GRANTED. i 18 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, JANUARY 5, 1976 Appeal ## 1107: The Appeal of Philip White Jr. at 206 Prospect Street in a R-2 district for an area variance under Section 30.25 Col. 10, 11, 12 MR. WHITE: Phil White, Jr. R. D. ## 5 Enfield. My building is too big for this lot and what I propose to do, this is the second floor of that building and the existing condition, there is an entrance here and a entrance from the other stair. Each one of these X' s indicates a bedroom that' s of legal size to allow two people to inhabit it. This one I'm not sure what the deal is. I was told that there was 13 people living in this apartment at one stage of the game. They got them out, I guess somehow. That was the kitchen for 13 people, and that is just a little strip kitchen, the black areas are closets, this was the bathroom we are proposing to close this off right here at this point, make this a bedroom, this a living room, this area bathroom and a kitchen, this would then be a one bedroom proposed to illiminate this area that bedroom make this a living and kitchen area with two bedrooms. I guess a density of six people legally probably four people. I sent a letter again to everybody inviting calls or whatever. We have parking for four apartments on the premises, I think this improves the neighborhood by making a smoother running house. This is the second floor, the middle floor of the building. There is a first floor apartment an an apartment above it and I just don't think that you can take and have a great big apartment with a large density over somebody and under somebody and have a smooth running operation. MR. MARTIN: Any questions for Mr White? MRS. WOOD: Are you presently engaged in. construction in Ithaca? MR. WHITE: Yes, we are. MRS. WOOD: On this project or another. I have a building permit on that project and a plumbing permit. This building was condemned by the city and I think that is probably how they got rid of the tenants. It has been abanded in excess of someting like a year and there is just fantastic amounts of in fact maintenance to do. Chairs were thrown out of upstairs rooms onto slate roofs, water sort of came through those. MR. GASTEIGER: Is this the building with the steel staircase at 19 the end of it? MR. WHITE: Yes, right the brick building. MR. MARTIN: So the work that you are carrying on now is it the conversion work that you are asking for permission to do here? MR. WHITE: It' s the conversion work, yes. To convert from three apartments to four apartments. MR. GASTEIGER: So, two apartments are downstairs and there is one large apartment upstairs now? MR. WHITE: No, there is one apartment on the first floor now and one on the third floor which is up above and this is the middle floor which is the largest built into the hill, the bottom is smaller andthe top is a little smaller and the middle is big and entrance from both ends of it. MR. GASTEIGER: Does the steel staircase take you to the third floor apartment? MR. WHITE: Yes, it does. MR. GASTEIGER: And there is no inside access to that. MR. WHITE: There is, yes. MR. GASTEIGER: I take it the necessary. . . . . . . . . . . . . . MR. WHITE: Yes, it is all what happens, this is an understair closet on the second floor that basically comes down here and this is public hallway down through here. And we have had some men fro Mr. Jones' department up there and we discussed just how well this could work and define the fire doors, door closers and all those things. MR. MARTIN: Could you explain for us how far short you fall of having enough space to do what you want to do with that without a variance. MR. WHITE: The particular zone that I'm in, I think that it is B-3 MR. MARTIN: R-2 MR. WHITE: R-2, I'm sorry, a portion I suspect 2/3 or 3/4 of that building lot, that particular lot is in the R-3 zone. A small portion of it is in the R-2 zone if it were large enough I would e all in compliance in the R-2 zone. I'm allowed 25% of lot coverage with the building and that is R-3 zone. I'm 6% short. Because I have a nice big garage and if I tear the garage down, I'm ok. 20 I MR. GASTEIGER: You make it sound as though the zone comes right through the middle of the building? MR. WHITE: It does. MRS. WOOD: The building itself is brick. You were proposing frame addition. How far does that extend over the brick foundatio on the . . . . . . . . . . . . . . . . . . MR. WHITE: I does. MRS. WOOD: The building itself is brick. You were proposing fram addition. How far does that extend over the brick foundation on the. . . . . . . . . . . . . MR. WHITE: No this is all within the existing premises. Nothing on the outside. MR. VAN MARTER: What' s pertainent to this rather than % of lot coverage is density? MR. WHITE: One side yard MR. VANMARTER: Total lot size in relation to the number of living units. MR. WHITE: Total lot size in relation to the number of living uni s is fine. I'm ok there. It's coverage of the building to the lot. If I tore my garage down which is a nice two car garage, I'd be ok on that. MR. MARTIN: So the only problem here is in lot coverage. MR. JONES: The R-2 zone requires it to be a 25 ft. front yard. He' s got 12 ft. Required with 4 units in it that he have 20 ft. on each side yard. He has 14 on one and plenty on the other side. MR. MARTIN: But none of that business is changing by virtue of what he is doing inside. MR. JONES: That is right. MR. GASTEIGER: What about the parking, is it not stack parking, lyou just have to have the area whether you can get to it or not? MR. JONES: Sure, you know if it is inconvenient that' s unfortunate but if its there, it' s there. MR. GASTEIGER: Then the area within the two car garage is that art of the parking area? IMR. WHITE: One car is. I r � I 21 I MR. GASTEIGER: It' s a narrow two car garage? I don't understand, what happened to the other half of the garage? MR. WHITE: I don't either. MR. MARTIN: Much of your arguement is I guess as it comes through what you said tonight and as it comes through your application is that we'd all be better off with the two apartments there because the density would be down from what seems to have gore on with the second floor with just one large apartment. That of course is pertinent to a grant of a variance but we also have to find again the building as it exists is very difficult to make use of in compliance with the ordinance. That there is hardship or impract- icallity in complying with the ordinance. Can you explain your situation in those terms. MR. WHITE: The third floor apartment would not be a legal apartment that would get involved in adding another fire escape or some such means of second egress from the top floor. MR. MARTIN: Third floor. MR. WHITE: Third floor right. If it isn't broken up this way a public hall way is made. If a public hallway is made by breaking it up that way, they come right down those stairs and down this way and that is the second means of egress for that third floor apart- ment. MR. MARTIN: I see so that you are making the third floor legal in addition to reducing the density of the second floor. MR. WHITE: Yes, I guess it probably wasn't legal before. MR. MARTIN: Further questions? MR. WHITE: I don't have a petition but I've talked with a number of the neighbors and they seem quite happy wi-h the fact that there would be a smaller group of people and perhaps a controllabl :group. Thank you. MR. MARTIN: The recommendation from the Planning Board is short yand sweet they recommend that the variance be granted. Is there anyone else who would like to speak in favor of this requested variance? Please come forward. JOHN CLEAVER: My name is John Cleaver and I live at 212 Prospect at which is two houses up on the same side of the street. I've 22 f come for several reasons (1) I live there and I own the house, I don't rent where I live and what is happening to the neighborhood as I see it now is good. That the neighborhood is being fixed up and I like to see this happening. When I movedinto the house, where I now am there were three houses around me which were vacant One of them condemned, two of them being forclosed and now a lot is happening on the street, so as I see it is good. When they said that 13 people were living in this house, I at one point count- ed oup -ed 16 people who were in this house. They did a considerable amoulit of damage not only to the house itself but to the neighborhood itself, in terms of garbage thrown around, just because I felt tha there were too many people living in one apartment. Having talked to Mr. White, I feel that to be able to control the number of peop e that you have to have limited size apartments and it would be better for the neighborhood to have couples in almost a townhouse arrangement in apartments. As far as parking on the street, I've never had any trouble parking on the street and I don't see how an extra apartment is going to change things, also because there will be fewer cars as I see it then there were when there were 13 or 16 people coming and going with 3 to 4 to 5 different cars sometimes. So, I think the parking problem would be even less than it was when there were more people there, so I'd just like to say that I'd like to see this variance allowed. Thank you. MR. MARTIN: Any questions? Thank you. Anyone else who would like to speak first in favor of this requested variance? RICK PARSONS: My name is Rick Parsons and I own property kiddy corner across on Hudson St. Basically, I agree with what was just said, I'd be in favor very much with anything that would cut down on the parking problem. I think that two smaller units would help to alleviate that problem. I agree with the smaller controllable unit. I'd be in favor of that. MR. MARTIN: Thank you. Anyone else who would like to speak on this case. Anyone who would like to speag in opposition? That concludes our public hearing on case 1107. n 23 BOARD OF ZONING APPEALS, CITY OF ITHACA, EXECUTIVE SESSION JANUARY 5, 1976 APPEAL # 1107 Mr. Martin made a motion to grant the application for Appeal # 1107. Mrs. Wood seconded the motion. FINDING OF FACTS 1) Proposed alterations of the structure has no affect on those aspects of the property which do not comply with the Zoning Ordinance, namely the percentage of lot covered by the buildin and the required front and side yards, so the proposed change should have no detrimental effect on the neighborhood and in fact all testimony at the hearing was that it would have a positive effect on the neighborhood. 2) The house was built before the current zoning requirements for lot coverage and front and side yards were imposed. 3) Making the alteration on the second floor will permit the access to the third floor apartment required by the code. VOTE: Yes - 5 No - 0 APPLICATION HAS BEEN GRANTED A BUILDING PERMIT IS REQUIRED. f 24 i C E R T I F I C A T I O N I, CHRISTINE SMITH, DO CERTIFY that I took the minutes of the BOARD OF ZONING APPEALS, CITY OF ITHACA, in the matters of Appeals Nos. 1103, 1104, 11060 1107 on January 5, 1976, at City Hall, City of Ithaca, New York, that I have transcribed same, and the fore- going is a true copy of the transcript of the minutes of the meeting and the Executive Session of the Board of Zoning Appeals, City of Ithaca, on the above date, and the whole thereof to tlB best of my ability. Christine Mmith Recording Secretary Sworn to before me this Z day of � 1976. No ry is JOSEPH A. RUNDLE Notary Public, State of New York No. 55-4507134 Qualified in Tompkins County Term Expires March 30, 19 y�