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HomeMy WebLinkAboutMN-BZA-1976-09-13 jR q t 1 i} s" C BOARD OF ZONING APPEALS, CITY OF ITHACA s CITY HALL, ITHACA, NEW YORK SEPTEMBER 13, 1976 j s • `� A regular meeting of the Board of Zoning Appeals, City of 3 r� Ithaca, was held in Common Council Chambers, City Hall, Ithaca s� 3f New York, on September 13, 1976. it `f PRESENT: Peter Martin, Chairman C . Murray Van Mar ter Gregory Kasprzak �s Judith Maxwell Martin Greenberg Edgar Gasteiger Thomas Hoard, Bldg. Commissioner & Secretary Olga Potorti, Recording Secretary 6 t 63 Chairman Martin opened the meeting listing members of the $ 'x Board present. The Board operates under the provisions of the f. City Charter of the City of Ithaca and under the provisions of I €' the Zoning Ordinances . The Board shall not be bound by strict rules of evidence in the conduct of the hearing, but the deter- : � mination shall be founded upon sufficient legal evidence to j sustain the same. The Board requests that all participants identify themselves as to name and address and confine their discussions to the pertinent facts of the case under consideratio*. I' Secretary Hoard announced the first case to be heard. APPEAL NO. 1127 : Appeal of Weber Plumbing Company for use I variance under Section 30.25, Column 2, to operate a plumbing warehouse and office , at 428 North Titus Avenue in an R3 distric . p Mr. Manley Thaler will present the case . f lvR. THALER: My name is Manley Thaler . I'm an attorney ;! 3 and I represent Weber Plumbing Company, i C and Weber is a contract vendee under lease ! s and contract with Dassance and Anderson, the owners of the premises . This property ! I� e � 1° ! f is —2— is a rear property. It does not front ' 1 j on the street, has an access from the • j street to the building, and the building j has been used by Dassance and Anderson i and then by Dassance as an electrical i 1 warehouse for his electrical contracting business . Mr. Dassance is now retired ' �! i ;i and wishes to lease and hopefully, sub- sequently sell the property to my clients , 1 {! i !! Weber Plumbing. The type of work is ii r j� basically the same by our client as was i; ,i i done by Dassance. I have some photographs !; here that you might want to look at that i' shows the property is setback some 79 feet ! !� from the street line and has access by a f� 10 foot right of way, and in front of it j ! is a residential structure . We do not. . iI!I we understand the problem under the ZoningE i9 i !� Ordinance . We do not wish to extend the �f use beyond what has already been done them 1 s , for over twenty years . We just want to continue the use and we have to, under thea !j Zoning Ordinance, ask for your permission I �I because it is in a non-conforming situatio and as I understand it, that's under the jI i case law-that' s what this Board is for - ,! j +! i ?! for us to come and ask for relief in a situation like this, and we're asking for ie �, relief in the form of a variance, and I' ll I -3- submit to you the photographs so that t you'll have them. `i � MR. MARTIN: Can we keep those then as part of the recoid? i MR . THALER: Yes, you may. (These are marked Exhibit 1) MR. THALER: In the 1963 City Directory it shows that li Dassance was doing business there in '53 , I� i) to my memory, and I've been in practice E here beyond that. Mr . Dassance has been i doing business there for over thirty-five (' i ;! years . MR. MARTIN: Could you give us a bit more detail about �I the use as it was and as it is proposed? 11 MR. THALER: As it was, it was a warehouse for electri— j cal supplies and cables and light fixtures r � and switch boxes and that sort of thing. i IjMR. MARTIN: With how much traffic daily in and out? ' i fi MR. THALER: I would guess very little other than the i� ! trucks that the contractor uses to come and go. Weber Plumbing is not in the retail business like Burris Plumbing. ij They are strictly plumbers who act on I call from private property owners or ` major contractors . j I , a MR. MARTIN: Are there further questions from members {j of the Board? i MR. KASPRZAK: You did say that Dassance owns the property►. i MR. THALER: Yes sir . j i MR. KASPRZAK: Right now? MR. THALER: Yes sir . i MR. KASPRZAK: The plumbing that is planning to go in i; i -4- there, is it going to be 24-hour call, or !� is it going to be 8 to 5, 7 to 3? i MR. THALER: They usually are 8 to 5, and they have an j i answering service and a CB set up. As I I I! I ' understand it, they are not on 24-hour call. 1 MR. KASPRZAK: How many people are employed? I j MR. THALER: The two Weber brothers and a secretary �I at the present time, and I think there is one apprentice . MR. KASPRZAK: No more questions from me. Thank you . �I MR. VAN MARTER. Could you suggest how many employees �I� Charlie had in the other busines? j MR. THALER: I think approximately, when he and Mr . �( Anderson were operating full time, there j IIl were five . There was he and Mr . Anderson, 1 j a bookkeeper, a secretary, and two �I 9 �I apprentices . �6 I Ij MR. VAN MARTER: And since that time how many perhaps? i II MR. TRACER: It's been about the same . Mr . Dassance I �I as a matter of fact, I think has an i electrical show room where he did sell j i' I� some fixtrues, some hanging light fixtures ! My client does not intend to do that. I MR. MARTIN: Could you sketch for us the difficulty or j� ease of converting this to residence . II� MR. THALER: It would be very difficult because it is I� a rear property. It's open . It would require a considerable amount of work rewiring, plumbing, if he were to try and i� t i -5- develop 5- develop it into residential. I think it ; would be very undesirable. I think the i use has been there for the last thirty some odd years, and the proposed use would �i create less activity for the neighborhood u because there is no night use there at ( all except for the time of an emergency. �j At five o'clock, the doors close and that's it. If it was a residential area, P��I there would be people going in and out of f I there most of the time, and there's no activity there on weekends . �k MR. MARTIN: Are there further questions? P! MR. KASPRZAK: I would like to ask a couple more . Accordt ing to the pictures, the electrical shop has been somewhat confined to the garage E I' structure . MR. THALER: Well, no. That's just where the sign is I� and that's where the trucks and supplies o� are taken in, but they use the entire building. MR. KASPRZAK: So actually the residential building that j is adjacent to it is part of the building. MR. MARTIN: It's not a residential building, it's a P 4 = building. It looks from the outside like �i a residential building, but it is not. i� MR. KASPRZAK: And the plumbing business will basically �i occupy the same premises? i ; I� j i -6- ; i MR. THALER: Yes sir, and there's no outside storage. ii MR. MARTIN: Further questions? MR. VAN MARTER: Can you suggest if there has been any �i F attempt to initiate some other use for thi . MR. THALER: I have to defer to Mr . Vasse who is the I .t real estate broker . I can't answer that I i for you because I don' t represent Mr . j Dassance, I represent the Webers . John 1� can you answer that, as to how long you've i ! been trying. . . . jl (John Vasse answers - Its approximately been one year for sale, when Mr . Dassance came to me and said he wanted to retire i and we've had a number of people look at the property, but nobody showed any intere�t I until Mr . Weber came along) EI 11 MR. GASTEIGER: Co you anticipate any additional sign �!ii needs other than what is seen here? ! MR. THALER: No. We'll paint the sign over and just put Weber Plumbing on the face of the i� j� building. We don' t need any other and Ili � wouldn't anticipate any other . 9 MR. GASTEIGER: Has there been a reply from the neighbors { i� as to this proposed use? { MR. THALER: Not that I know of. I don't know of any. i 3 i MR. GASTEIGER: Is it necessary that you inquire? H MR. THALER: We sent notices that are required, and thej ! Iaffidavit was filed. So, we've complied I !l with the statutes. MR. MARTIN: Further questions? Thank you. Are there I �p ! any others here this evening who would j ! like to be heard in favor of the requested variance? Is there anyone who would like �' i i -7- to be heard in opposition? That concludes I the hearing on case 1127 . i+ 1 ' I. ,E EI I� I 1 II� i! A i f i �i E y fIl�f � I! 11 ' s I I� I� F I! '! -8- BOARD OF ZONING APPEALS CITY OF ITHACA SEPTEMBER 13, 1976 i' i (I EXECUTIVE SESSION Ii � APPEAL NO. 1127 1! MR. MARTIN: I move that the requested use variance j be granted. DR. GREENBERG: I second that. I FINDINGS OF FACT li 1) The structure in which the proposed ° use will be located does not front on a public street and has housed a similar i, non-conforming use for a long period. 2) Testimony presented indicated that iconverting the structure to a residential use would be very costly. i 3) The similarity of the proposed use to i I that which preceded it suggests that the variance will not have a serious adverse impact on the neighborhood. PVOTE: YES - 4 NO - 2 i� I I� f I 1 i i i I� II !) I I 1 i �I -9- 6 li 'I ! BOARD OF ZONING APPEALS, CITY OF ITHAC'- r" CITY HALL, ITHACA, NEW YORK SEPTE11BER 13, 1976 ! I I! Secretary Hoard announced the next case to be heard. I APPEAL NO. 1129: Appeal of Agway, Inc . for an area variance ; I' under Section 30.43 to erect a grain storage bin within twenty feet of the bank of Six :Tile Creek at 120 South I Fulton Street in an I-1 use district. Mr . Donald Flatt represents Ithaca Agway. I�I � I i MR. FLATT: I am Donald Flatt, mananer of the Ithaca !i Agway feed store. We are asking for a ! variance to the space requirements of Section 30.43 . When our present building f was built in 1935, the business that we were doing was approximately 25 per cent I ! i� of what it is today, and as our business (' r has increased over the years, we have !! I required more and more storage space to �i E� store dry grain and this type of material. ;f About eight years ago we received a permit � I E, from the city to erect a similar structure j 4 in the same area, and as business has E ' EI increased, there is much more local grain ! grown in this area. The type of material E o that would be stored in this structure is l untreated feed grains . There is no pest- it icides or anything like this involved. INo danger of spilling. It' s a concrete .w and steel structure . When the building i� was built, there was no thought of zoning !I E a ordinances and like this . A rail siding I i was put in beside the building as close '! f I� i -10- 1 � EI t to the building as it could be constructed i and now we come to our present problem. I There's not enough space between the rail i€ I siding and the creek for us to comply with 20 foot limitations . And the best j that we can do depending on where you �i ;i measure the water level, is about $ foot 6 inches, and how we determined this was, we took the level that it was during the '72 flood and the lowest level that I've a seen it in eighteen years, and we split ii the difference . So, it would be about $ foot 6 inches from the stream bank. !� Another reason for locating it in this I) ' area is the fact that it would tie in with i our other equipment and machinery and f I make it much more advantageous to move =f the grain with the machinery that we have I f�I at the present time. i If i MR. MARTIN: Is proximity to rail siding important? j MR. FLATT: No, but it is there and we do use it in our business . That is the only rail I!� siding that we have coming into the 1 I t time . t th building at presenme . j ' I MR. MARTIN: And there is no place on some other side I I� of your main building that you could put j that. , �I r MR . FLATT: Not that we could reach with our mechanize4 I I I� I+ iP ii equipment to move the grain. z� MR. MARTIN: The present bin, the one that you built a a few years ago, did it require a variance or the ordinance didn' t have . . . . . . . . MR. FLATT: No, the ordinance was amended on April 8, 1976. �{ MR. MARTIN: Are there questions from members of the I� Board? i MR. GASTEIGER: There's no sketch of this . MR. MARTIN: Yes, there is . MR. FLATT: And I might add that during the '72 flood I { the bin that we have there at the present time helped to stabilize the stream bank. �j We had a little washing on either side of it, but where the bin was, there was no I� bank erosion at all. DR. GREENBERG: Mention is made that the street inspection js of the facility were to occur for us to jprotect the quality of the creek bank - by whom? � j. MR. FLATT: Well, this would be, of course we do in- spect our buildings periodically, and I any time the city should wish to make an I� f' inspection, they would be more than free i '! 1 i` to. { DR. GREENBERG: But actually, there' s no health or agri- cultural requirement that some government i, inspection be done . I MR. FLATT: Other than the state Ag and Markets, who do make periodic inspections of our process 'i y f I -12- and if anything is wrong, they tell us about it. i Ij MR. MARTIN: Any more questions? i MR. KASPRZAK: Just a question. Did you look at the Zoning Ordinance Section 30.43? �e MR. FLATT: Yes sir . I� I MR. KASPRZAK: How do you respond to that. I j; MR. FLATT: This is why we want the variance for the r I� 20 foot requirement. it ii MR. KASPRZAK: Well, if I read it correctly, I don' t I! li know if we have a right to do that. I � I might be reading it wrong. It simply says that no new structures will be I '! located within 20 feet of the creek, and I� I don't know if that gives us the right to grant variances . MR. MARTIN: My assumption is that that, like other 1 i i' setbacks, is subject to the area variance power of the Board. i I I - � I MR. KASPRZAK: I guess we can pick it up at the executive ! �! session . I didn't want to bring it up, but I just wanted your reactions. !" MR. VAN MARTER: Let's talk about the three requirements ii for accepting them for an area variance . j s MR. MARTIN: Do you have some questions you want to askj Murray? f MR. VAN MARTIN: Yes . In compliance with the sections of the application that apply, we understand ii why it's being requested. We want to I i know about the practical difficulties and special conditions which Leake the �i s '! -13- !� i ti regulations impossible to comply with. !�! MR. MARTIN: I think we've heard some testimony on j i I that. Do you have anything more to be said about why it would be difficult to jl comply with the 20 foot. . . . . i• MR. FLATT: There' s just not enough space there . Thisl is the only reason. iMR. VAN MARTER: This sketch involves a structure on your i !� lot which is between the railroad siding I and South Fulton. it MR. FLATT: Yes . I� MR. VAN MARTER: And there are no other buildings on that is block. 1 I �! MR. FLATT: Not in that area, no . �j MR. VAN MARTER: That's the total extent of your lot from south to north then, generally south to i it north. 'I MR. FLATT: On that particular piece of land. There !� are several sections of land there under different deeds, but in that immediate area, no. The nearest building other than that would be about 250 feet north i of there, and that is a dry storage ! building which was built about seven years Iago, and that is about, I would say, 15 it i' feet from the bank of the creek which was !; in compliance with the ordinance at that I � f !; time . MR. GASTEIGER: Is it correct that you have a 39 foot j 'E f! � i! I 1 s I space from the rail to the creek bank? MR. FLATT: Yes. I MR. GASTEIGER: Is it necessary that - it seems to be that you could put a bin in there within the code and still stay 20 feet from the s i bank. MR. FLATT: Well, these bins run in size from 21 to �i 36 feet in diameter . ! II MR. GASTEIGER: This is a commercially available bin? j t MR. FLATT: Yes. , E MR. GASTEIGER: I'm still a little mystified because there) must be many commercially available bins . Is it that you want to make it compatible„ if i! to look the same as the present one? MR. FLATT. It would be approximately the same size, s; i i' and this is the most efficient use of l P storage capacity. There are small 12 and i 14 foot bins which are available for { use on farms which would hold approximately ;i an eighth or a tenth as much as this size bin would hold, and it wouldn' t be econ- omically feasible to put a small bin in I there. j MR. GASTEIGER: The present bin is about that distance . a J MR. FLATT: Right. MR . MARTIN: Are there additional questions? I guess i ! not. Thank you. Is there anyone else 1 here this evening who would like to be I i heard in favor of the requested variance? Is there anyone here who would like to spe#k �i in opposition? Hearing on 1129 is concluded. i -15- +f ' BOARD OF ZONING APPEALS CITY OF ITHACA i1 SEPTEMBER 13, 1976 EXECUTIVE SESSION I APPEAL N0. 1129: � 1 's MR. MARTIN: I move that the requested variance be j granted subject to two conditions . 1. That the appellant construct the pro- posed bin and pad at least 8 feet 6 inches !. from the creek. 2 . That appellant undertake, in conjunc- tion with the proposed construction, to restore the stream bank at least to the 6 I� t {{ contours which existed prior to their earlier excavation for the supporting pad, 1 and establishment of a vegetative cover ' to aid in stabilization and prevention of ?I erosion. j MR. GASTEIGER: I second that. f � J �i FINDINGS OF FACT (� 1) According to testimony presented, for the je proposed bin to fit in reasonably to the operation of the appellant, it must be j a situated on the side of the building which' ii faces the creek close to the existing bin . 2) The building and railroad siding which y� I4 t I pre-dated the 20 foot requirement in i I I question prevent the proposed bin, if it's! to be of reasonable size, from being built; with the 20 foot requirement. VOTE : YES - 5 NO - 1 ; I fi +3 i ' -16- BOARD OF ZONING APPEALS, CITY OF ITHACA CITY HALL, ITHACA, NEW YORK SEPTEMBER 13, 1976 jlSecretary Hoard announced the next case to be heard. i I APPEAL NO. 1130: Appeal of Johnson Boat Yard for an inter- pretation of Section 30.25, Column 2 and i 3, to operate a welding shop at 708 f Willow Avenue in an M-1 district. � I Mr . Clarence Cleveland will appear on behalf of this appeal. ii Ia. CLEVELAND: I don't really have a big prepared state- ment for this request, but it's my belief i that an interpretation is needed rather i! than a variance here . Ten years ago we I; took over the boat yard and it was our f intention and belief that we could establi#h �i E one of the better boat yards in Central E New York, if not New York State . I think f% we pretty much accomplished what we set j out to do, and we have a few items to go + i j yet, and I think the welding shop certainl �i is an important facet in this . The zoning seems to be a little ambiguous in the text of it, but I don't know how much further 3 jI to go other than this welding is certainly l I related to marine from the standpoint of I jj propeller repair, trailer repair, fabrica- 1 IE i tion of jib poles, fabrication of water tanks, et cetera, et cetera. I could go i i9 on and on and on and list the necessities I, of a welding shop. I don' t like I said i before, really have any big statement ff I I prepared to go into this . I am certainly I it J i -17- I i' prepared to answer any questions you have . ! t G MR. MARTIN: Will the welding shop get all or most of f its business from the marina, or will it it have some non-marine business" is 1 MR. CLEVELAND: We certainly hope that it's going to be strictly marine . I can' t really come out 6' i� and tell you that if you come in with a 3 4 lawnmower with a broken part, and you ii needed help with it, that they wouldn' t help you in this thing, but basically, being located .in a marina, this is what they're striving for . i I MR. MARTIN: So the question of interpretation for '= I us, which is where it comes first, we only come to a variance if we interpret i i � �i the ordinance to find that it's outside i the use category of Ml. �j MR. CLEVELAND: That's correct. MR. MARTIN: We have the list of uses in an M1 district I i'. and among them on my list is the sale, i( I I rental, installation, repair or storage I i !i of marine related recreation equipment, { such as boats and so forth. E I MR. CLEVELAND: Right. It also states that fabrication, � and fabrication is a real big area where C; I Hi you're building new, building used, or i what you're doing, fabrication is a big • .i I area. I mean that one word covers a �j multitude of things . i i i r� I � i I tl -18- ;3 I' MR. MARTIN: Right. Although the fabrication language }� speaks of light manufacture of marine �s . I recreation related products involving substantial hand fabrication. MR . CLEVELAND: Yes, this is right. We cont really want I� jj to get into heavy industry or anything like that. This is not our intent at all. ! MR. MARTIN: Now, assume that the interpretation point t; i' goes against you, then you want a variance MR. CLEVELAND: I certainly would request a variance. MR. KASPRZAK: The welding shop as you call it, is it i 'i an extension of your business, or are i1 you trying to establish "a new business 11; related to the marina operation"? [ iV i MR. CLEVELAND: No, neither, I don' t think. I would term I j it that I am leasing a building out to i' i� two men who are welders at the present time, and they want to, I guess they iI � I; compliment themselves from the stand lpoint that they have a sales shop there i' �I now, and the sales shop certainly isn' t ,I I� run by me . I lease the buildings out, i i but it enhances the whole marine industry.; i i; This sales shop certainly is very big, and if ;you have read the recent issue of Soundings magazine, you' ll note that there is a big article in there because I i they're on computer with their sail making firm which is entirely new in the industry t! i4 if i t -19- �( I and it's quite a feat, and it still is j related along with what we call our outboard shop, which certainly is a necessity in a boat yard, which we call our propeller shop, which is also a i4 I necessity, and welding is listed among I� those . I think as far as complimenting i the whole area and the whole business . jMR. KASPRZAK: So, if I interpret that, those two gentle- men to whom you're going to be leasing this space or what have you, are actually S establishing a new business within a it �I marina district. r 1j MR. CLEVELAND: That's correct. I would say yea. 9 e j MR. KASPRZAK: It is not an extension of your current business . i MR. CLEVELEND: No. MR. GASTEIGER: They'll have their own sign, their own I� j stationary, their own advertising? MR. CLEVELAND: That's correct. Yes . MR. GASTEIGER: are other components of your present activity of this nature'. f MR. CLEVELAND: Yes . Plastic sailmakers is certainly }� not affiliated with us at all. They have t their own stationary, their own address, and so on, but they're definitely related } i° j� to marina. I1 MR. KASPRZAK: You are not the welding shop itself? I'I MR. CLEVELAND: No. It will be in a building that is ff� I i I -20- !� already there . It will not be a new .i structure . MR. GASTEIGER: Are there any restraints in the agreement fI ji that you would make with these people to keep it within the marine realm? I � I MR. CLEVELAND: As near as we could do it and be logical about it, yes. I talked this over with j j them. MR. GASTEIGER: But there will be nothing written or i� contractual. MR. CLEVELAND: No. I mean it's pretty hard to define i and keep it limited. Supposing, well I I don't know, but I mean it's certainly li going to be minimized .to any degree that I there will be no storage outside the building. All storage will be inside the i j building. If anybody has been at the boat IS yard itself in recent months at all, they will find that the boat yard has been i I� cleaned up tremendously. We have no i{ ,i unsightly things around there . This is my total aim. We have been complimented j ( many, many times by the Power Squadron li i who came in recently and by other units s i that have come in, and as to what we are I it appears to be now and we are very i I proud of it. We don't want anything to f deter this or take anything away from the ii boat yard, so I'm my own judge and jury 'i on this thing. I think from the stand- i i� f� f I! -21- �I I point of what I want, and I cettainly f� will keep it within bounds . MR. MARTIN: Let's pursue the variance and maybe i; before we do so, it would help to state I fthe other side of the interpretation. I f 1 MR. VAN MARTER: Can I clean up the interpretation informa- ls tion first. �f MR. MARTIN: Sure . Let me state the other side of the I� interpretation point as I understand it, j� and I welcome any help from the Building Commissioner's office . The starting I �Ipoint in the M1 use list is any use permitted in B2 with some exceptions, and then various other things are added in on i top of that. If you go back up to B2, !� you will find that welding is not included while welding is included among the permit ed I, uses in B4. So that if you consider this f a welding shop without any particular 1 !± i marine connection, it would seem fairly ! clear that it doesn' t fall within the list' i! of uses permitted in Ml. That' s the point; ji as I understand it. All right, now, � I� further information that would help us i clear that up. E MR. VAN MARTER: If I want my trailer welded at the present i I} time, if I brought it down you couldn' t �i do it. Right? MR. CLEVELAND. That is correct. � A �9 -22- il MR. VAN MARTER: How many places in the county can I get it done? MR. CLEVELAND: Two or three . MR . VAN MARTER: If I need a wheel balanceany other place in the county I can get it done? MR— rTEVET-AND: Any other place - wheel balance? MR. VAN MARTER: Yes . MR. CLEVELAND: Most any gas station can balance wheels. r9 i NR. VAN MARTER: Problem - a propeller . MR. CLEVELAND: One place . Ij MR. VAN MARTER: Okay. No other place in town? MR. CLEVELAND: Not to my knowledge. MR. VAN MARTER: If I wanted some heliarc welding done on aluminum, I can bring it there and get it done right? MR. CLEVELAND: Right. MR. VAN MARTER: How many other places can I get it done? MR. CLEVELAND: Probably two or three at the most. if MR. VAN MARTER: Ahead of the marine zoning you were zoned as what? t. MR. CLEVELAND: Light industry and recreation I believe. MR. VAN MARTER: Try Industrial 1. MR. CLEVELAND: Okay. MR. VAN MARTER: You did attend a public hearing and make known your wishes as to what might happen fj to the business by this being changed to Ml? 1. MR. CLEVELAND: No. I did not. MR. VAN MARTER: Okay. It was your competitor. The main ii i -23- I I j concern at this was how thin you slice I it for these kind of operations. When 'r you talk about boat trailers, you can see 100 of them there, and it would not have any visual affect on you as being other { than marine oriented. You put two house I I trailers there - it has an entirely I I li different connotation, and this was the concern of other persons who were affected by this change in zoning. It was also jthe concern of the Planning Board that Ii ; while this should be recreation oriented, ; it might not include house trailers . i� We got the same thing when we started talking about exterior storage. There's a whole range of things that can happen I in the yard as regards storage of sail boats, cruisers, houseboats, any size or �4 shape, and a good many of them vary, but I� I I� when we get something like a house trailer I, I, it's immediately distinguishable as some- thin might not want to see there . g you g Is there any way you can control this? I MR. CLEVELAND: Absolutely. MR. VAN MARTER: Peter, I think, is leading to the same thing. If a certain kind of a condition �j EI or conditions were attached to this, could you consider it? Int. CLEVELAND: Certainly could. lMR. MARTIN: pose just suppose for purposes of Suppose, 1 I� i -24- �I I i; discussion, we reached the interpretation that to qualify in the M1 district, this jl welding shoo would have to have enforceable t� provisions in the lease limiting them to a business primarily of work on boats et cetera, and other marine equipment. I Would that interpretation meet your needs ii or would you then have to turn around and get your variance? MR. . CTEVET,AND: T would like to keep it with the inter- �� oretation that T read there as far as I M fabricating. Now you talked about boats and trailers, but there's a lot in the I industry that is not boats and trailers. jl If you're building a test tank for an s ii outboard motor, the test tank might consis `i !I of a tank that is twice or maybe two-third If the size of this desk, where you could insert a motor and run it in the water . j' T think that's certainly marine. T I� really wouldn't want to go on an inter- pretation with that stipulation. No. �j I would like to keep it marine. MR. MARTIN• Okay - boats, marine engines, sails, 'II cabin equipment, navigational devices ii and other marine related recreation equip- ment. MR. CLEVELAND: Right. Absolutely. I believe that. I Ij MR. MARTIN: The thing I'm adding is the requirement i! ii li E� , I i -25- i° ,i i that your lease have an enforceable I.! commitment on the part of the welders that that's going to be their business predominately. i i jj MR. CLEVELAND: That's correct. I' ll buy that, but by i �i the same token, I don't want house i i� trailers or huge trucks and cranes and , l this sort of thing from my own standpoint, and again - outside storage - there I j wouldn't be any. The plans are drawn up �E ii Ij for the trucks to load the steel and i s !j fabricating equipment will all be inside, ` i concealed. MR. GASTEICER: Does S & P welding exist today? Are they ii in operation? i j MR. CT.EVELAND: No sir. They are not. It's a new organ- ization. rgan- ization. I MR . MARTIN: ^kay. Are there any further questions that relate to the interpretation points? �I In the event that we get to the variance point, it might be useful to have some- thing about it in the record. Is there I( any case that can be made that this would be a hardship? i! MR. CLEVELAND: Yes. I think that I could come up with ti 3 js hardship related to the people who had Ij started this and with good intentions 'i ii and not knowing that in 1974 that this 'j had been rezoned, and again we had no i `1 , notification that this had been rezoned, t i s , ii -26- ! w !; only probably with an advertisement in j the paper which I did not see, but in ! a FiI my application here, I had to notify the nearby property owners by mail at thirteenl cent stamps. I don't think that we have i a common law that everybody is being held to. I think that we are changing zoning !� here inside hall without proper notifica- tion of tax payers . I don't like to get f involved in this sort .of thing, but this ' �I what has happened with this situation. ! As Mr . Van Marter has stated, if this I �I recreation and light industry zoning was i� ! held before, we wouldn' t be involved in this request for a variance and inter- . pretation here tonight. j ?+fit. MARTIN: Well, the kind of hardship that the i ordinance asks for in such a case, j assuming again that we need a use variance I would be some showing that the building i! can' t be used for the purposes on the ! M1 list and that it can' t yield a reasonable Ii I return if limited to those uses . I !� MR. CLEVELAND: Oh, I beg your pardon sir. I'm not talking i I about my hardships . TIM talking about (I somebody else who has made a lot of plans �j and a lot of effort to go into this thing. I i It's not my hardship. I didn' t mean it P! that way. j H Ej i! Sj I� I f l -2 7- S L �E E MR. MARTIP?: Are there further questions" Guess not. I Thank you . Are there others here this i E i evening who would like to be heard in favor of the requested interpretation or �iuse variance? Are there any who would I like to be heard in opposition. Hearing # none, that closes the hearing on case i 1130. I i ii !i 4' I i ,i f� Ei I !� E f j i E i i E E j I f f s r �i i f� -Zd- f' I '6 !� BOARD OF ZONING APPEALS CITY OF ITHACA E SEPTEMBER 13, 1976 f f EXECUTIVE SESSION APPEAL NO. 1130: PROPOSED INTERPRETATION `i A welding shop is not a permitted use in i the M1 district; however, a welding shop d limited to the repair or fabrication of I marine related recreation equipment is . �i MR. MARTIN: I move that we adopt the interpretation I ! as stated. y j DR. GREENBERG: I second that. V OTE : YES - 6 NO - 0 MR. MARTIN: I move to deny the requested use variance 1 � on the grounds that the appellant antici- �I pated that the interpretation question I was most important and that there was not j a full presentation on the issue raised l by a use variance . MR. KASPRZAK: I second that. j VOTE : YES - 6 NO - 0 i if ;i I � I I f ii j �I 0 ii I± j, f f i if ;i 11 If �i i i' w !; I -29- I 6 ' S I I C E R T I F I C A T I O N I, OLGA POTORTI, DO CERTIFY That I took the minutes of the Board of Zoning i' Appeals, City of Ithaca, in the matters of Appeals Nos. 1127, 1129 and 1130, on IjSeptember 13, 1976, at City Hall, City of Ithaca, New York, that I have trans- cribed same, and the foregoing is a true copy of the transcript of the minutes i Eof the meeting and the Executive Session of the Board of Zoning Appeals, City I� Hof Ithaca, on the above date, and the whole thereof to the best of my ability. Olga otorti Recording Secretary I 1, 1 1 :11 Sworn to before me this :x day of , w✓ Y,I h_, 1976. �I I �� Notary uolic j MARY E. UNSOiJ !9 Notary Public, State of Ncw York Qualified in Tompkins County I My Commission Expires Match 30.19; f e i .j i +6 I I 1� !� 1 I� (f I. 'i iI I it I� I; { I, I I II I f I 1 1� !i 7 !i i !! i !f II i l