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MINUTES OF MEETING OF BOARD OF ZONING APPEALS, ITIWA, Nhw YORK i
OCTOBER. 4, 1976 (PUB,,....I , !ELR NG� 1 ' 56
APPEAL No. 1132 (held over) 1
APPEAL No. 11211 2 ....2q �
i2Q - 32 F
i APPEAL 1131
i APPEAL 1132 32 - 40 I
APPEAL 9-1-76 40 -
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APPEAL 1133 47 - 5
=ECUTIVE SESSION 54 - 56
! APPEAL 1131» 54 I
3 APPEAL 113:3 54
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APPEAL 1132 55
APPEAL 1121 55
APPEAL 9-1-76 56 i
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CERTIFICATION OF RWORDING SECRETARY 57
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BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HAA, ITHACA, NEW YORK,
OCTOBER 4, 1976
At a regular meeting of the Board of 'Zoning Appeals, City of j
(i Ithaca, held in Common Council Chambers, City Hall, Ithaca, New York,
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on October 4, 1976:
PRESENT Peter Martin, Chairman
Gregory Kaspr$ak
Edgar Gasteiger
l C. Murray YanMarter
Judith Maxwell
Edison Jones Building Commissioner
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Thomas Hoard, Secretary
Mary O'Connor, Recording Secretary
ABSENT martin Greenberg i
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Chairman Martin opened the meetigg, listing members of Board
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present and stating that one member is absent and it takes four votes one
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way or the other for an appeal and anyone wishing to hold their case over
to the next time in hopes of having a full Board present may do so. This
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Board is operating under the provisions of the City Charter of the City of
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Ithaca and of the provisions of the Zoning Ordinances; the Board shall not
I� be bound by strict rules of evidence in the conduct of this hearing, but
the determinatim shall be founded upon sufficient legal evidence to sustain
j the same. The Board requests that all participants identify themselves as
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to name and address, and confine their discussions to the pertinent facts
of the case under consideration. Please avoid extraneous material which
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would have a delaying effect.
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j APPEAL NO. 113 : The Appeal of Ithaca Properties, Inc. for area
variance under Sec. 30.25 Col. 11 to enclose
y patio area to existing structure at 374 mm' a `
Road in a B-5 use district.
jj MR. MARTIN: It was suggested that we first take up case 1132. The Board
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this afternoon just received a communication on this case that we would
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like to make available to the appellant, which may indicate that the matter
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may be held over to a future meeting, we ate to apprise you of that
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and the possibility of the case being held over, waiting for that
1 recommendation, So why don't you look at that and we might then go back to
a first come first served basis, and what would that bring us.
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MR. HOARDS That would take us to
�! APPML 1128s The Appeal of family and Children's Service
of Ithaca for interpretation or use variance
I� under Section 30.3 Paragraph 55 and Section
30.25 Col. 2 to use the premises for its i
administrative and treatment functions at I
i 106 N. Cayuga Street in a R-3 use district.
'! JIK JOHNSTON; I an representing Family and Children's Service on behalf
of Appeal 1128. My position with Family and Children's Service is as
j the Director of that organization. I will address my remarks to our appeal.
In the audience, Mr. Farnsarorth, Mr. Digiacomo and Mr. Bond are representing
fj the Tompkins County Foundation and will be available to answer any I
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questions on behalf of that organization. On behalf of our organization, j
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the governing body, Mr. Ben Nichols, Chairman of the Hoard, is available
!i to answer any que#tions on behalf of that organization. The appeal, as
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!3 stated, is a request for an interpretation as to classification of our
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organization as a health related facility, thus qualifying under the
definition of a medical facility for the use of the property located at
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106 N. Cayuga btreet. In the event that that interpretation is not
favorable, I am asking for a use variance on that property. Family and
Children's .service is a non-profit, United way supported organization,
ii considered a human service, mental health or health related organization by
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virtue of the programs that it offers. There are four basic programs that
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provide for the cammunitys A counselling programa, a home help aid program,
a community development program, and a child placement programe we are
requesting tas use of 106 11. Cayuga Street for the following reasonso when i
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jon behalf of the ocmawnity, the Foundation was bequeathed the property at I
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106 N. Cayuga Street - that facility was to be used for human service
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organizations for and on behalf of the community. That was the stated use
of the property and to be used by the Foundation for their offices. Our
�j organization has, for the past several years, been looking for adequate
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!� facilities to house the programs that we offer, we are presently located in
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two facilities - 315 N. Tioga Street, which is owned by Family and Children's
Service and 313 N. Tioga Street, whioh is leased from a grapp of citizens.
�i Our lease at 313 N. Tioga Street has expired. The combined facilities have,
and in the opinion of our board and my opinion, been inadequate to provide
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j! the proper services for the past three years, and it has been considered
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a temporary arrangement. The facilities now, at this point, are considered
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i - we do not have the appropriate specialized space that we need - more
specifically, we do not have the specialized space that we need for
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' therapeutic services in the area of counselling. There is the possibility
of re-leasing, perhaps, the property at 313 N. Tioga street, but that has
not been confirmed by the people who own the facility at this point. The
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facility at 406 N. Cayuga Street, in terms of our organisation, would i
!� provide adequate space to allow us to provide the kinds of programs that
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we feel the community deserves and would allow us to house the adainistrative
functions of our organization, and would allow for some modest expansion.
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Our present facilities provides 4,000 sqo ft. we need approximately 5,600
i; sw. ft. There is a potentiaL of 7,000 sq. ft. at 406 N. Cayuga Street. That
`i would include the use of the main house and the rennowation of the carriage
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(f house. The main facility would be used primarily for offices - offices
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I for administrative purposes, as well as counselling and family therapy and
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i! individual therapy. The carriage house world be used for - primarily for
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specialized functions. Specialized space that would allow for group j
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li therapy, play therapy, meeting rooms, library, and office space for the
Foundation. I am not really sure what else the Board would request. i
MR. MARTIN= well, lets try to focus the two separate aspects of this
Appeal. You are first asking for an interpretation, alternatively, if you
I1should lose that you are asking for a variance. Legs focus on the requsted
interpretation first. There is no question that a medical facility is
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permitted in an R-3 zone- The definition of a medical facility that we j
have in the Ordinance makes it quite clear that if you were proposing a
hospital, or rest home, or nursing home, there would be no question that you
could put it there. The ambiguity arises, because after that list of
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ji things which are clearly medical facilities, which includes convalescent
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j� homes, medical and dental offices, in addition to those I have mentioned,
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it says, ...*other places of the same nature for the diagnosis, treatment
and care of ailments limited to places for the diagnosis, treatment or other e
�1 care 6f human ailments.* That phrase is repeated again. So the question
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�j that we have to confront is whether or not the kind of operation, that you
have given use some description of, is a medical facility within the meaning i
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of tboss teras. Could you help us a bit more on that? I mean, how much of
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what you do could be described as medical, involving the diagnosis and
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treatment or other care of human ailments?
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11 MR. JOINSON s Counselling is the primary program, which involves certainly I
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an assessment, diagnosis and treatment of individuals, couples, families, j
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!� and children.
MR. MWIN2 Could you help make that a bit more concrete for us? Could
you give us some sxaaap7.es of the kinds of people - of the kinds of
counselling situations with which you are involved?
li MR. JOSNS(Ns It would take - I'll try, O.K.? There is a variety of '
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individuals who came to our organization for assistance around personal
and interpersonal relationships. They may be single; they may be part of
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a couple; they may be part of a family. An assessment for individual
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counselling does involve diagnostic procedures on the part of the therapist '
' assessing the mental health needs may be for that individual - may entail
individual therapy, could involve a partner, could involve therapeutic
treatment of a couple around marital problems or family problems. Vealing j
�) with families, we are often presented with the problem of a child having I
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difficulties, in fact, the child may be proposing the primary difficulty
and it often may be a manifestation of the difficulties of the family. All
a form of !
of these exwAples involve/assessment, diagnosis if you want to call it thaty
assessment if you want to call it that, in terms of deteraing where, if you
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like, in terms of the vernacular, the pathology is emm it ng from, and the
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treatment, of course, prescribed.
MR. MAKIN s Now, could you give us some notion of how much of the total
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work of Family and Children's Services is oounselling'.of the sort you
described?
MR. JOWSONs The major in house program, our organisation in house, i
programatio wise, from a program ttandpoint, is counselling. In house we
also provide - the space is also used for administrative functions. We
house the administrative proponent for the home health aid program, which
is the program that provides direct health related services to individuals 1
j� in the community. It is a home bound program, we do employ 40 hamemakera. �
They are out in the community. O.K. We do utilize our office space to
�! house the three people responsible for that program. They include, an
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administrative aide, an RN, and a social worker. We do have a community
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I development program. Our facility offers an office for that certain person
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i who is involved in the community development program. That program involves
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'1 at least two different parts. One primary part is information referral !
and case management, which takes place in the community working with families
in the community helping them to identify the mental health resources
available to them. That program is funded directed by the State Xvision
of Mental Hygiene. And the other part is working with community groups and
assessment and identifying their needs and helping than develop resources
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and the skills that they available to most those needs from their own group
I� as well as working with other community agencies in establishing those kinds
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of services that seem appropriate. One program area that has been in
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question in tunas of mental health related or mental health is child
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placement. If we talk abolt adoption, it oould be argued as to whether or
not that is a social service program, as to whether or not it is a mental
�! health program, or whether it is a health related program. O.K. we do
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provide, adoption services as a part of this organisation for the last 150
years. I doubt seriously that we'd move out of that. We also provide a
program which is identified as families and that is providJkAg
emergency, temporary, short-term care for adolescents in trouble. In
trouble either with their families or runaways* These services are not �
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provided in the/facilitj they are provided in homes. They have been
identified and utilised throughout the county through volunteer workers.
Those are the four basic programsareas. We have counselling, which could
be called mental health, therapeutic. We intend to call it mental health
{ services, 4.K. The recommendations of the planning body has something to
do with our funding sources. Over 50% of our funding services come from
government bodies, and are mental health related,i.e. 50% of our funding
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camas from the Health kyepartment, the Division of ilental Hygiene, the j
Department of Social Services in support of our programs.
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MR. (&STRIGERs You mentioned a registered nurse, how many medical personnel
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licensed by the State of 'low York are involved in your activities?
I MR. JOHNSOKs We have one registered nuree, who is not a paid employee of
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f, Family and Ohildren's Services, but in feat is a shared staff member.
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The Tompkins County Health Department allocates that staff person to our
organisation to use within that program. In terms of licensing, our i
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staffing patterns and staff consist of a Ph.D., clinical psychologist,
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certified by the State and MSW's certified by the State of New York.
MR, USPRZANs What's the ratio of the square footage used for the quote
mental and other services of the nature and the offices that you have spoken
about.
MR. JOHNSONs Righty percent for the counselling program and the specialized
areas which are not utilizied at all times - group therapy - play therapy.
So leaving the specialised space out, I would say that 80% of our space
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Would go to offices to house counselling staff, professional staff to
�i provide their services.
MR. MARTINs Are there further questions fm members of the Board that
concern the first aspect of the case which is the requested interpretation?
MR. VAPMTRRs Your funding on an annual basis from the ,Jeparbwmt of Mental
Hygiene and such continues upon the kind of facility you occupy?
0i MR. JOHNSON: No. sire It is continued upon the kind of services that we
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provides
MR. VANMAATSR: Just the program?
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MR. JOHNSON: Yes, sire The remainder of the funding comes from the United
Way and through contributions.
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Me VANMARTSR: The total staff in numbers, would be in what ragge, please?
MR. JOHNSON: llfe have 18 salaried staff who would use the facility, and 6
of than out of the 18 are part-time or half-time, we have an additional
40 homemakers who work in the community and am not dependent upon
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facility.
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MR* VANMARTERs Of that 18, might it be reasonable to expeot that they would
be in the facility at a given time.
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MR* JOHNSON: It is not likely that we would/all 18 there at one given time
given some of aur part-time MAW"., with the eXception of one day, and
that is one day when we have a staff meeting, and at which time, I would hope,
to find them all there. Some of those on Monday, are there only for the
staff meeting.
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MR* MARTIN: Are there further ues
,) q tions about this aspect of the case from the
jmembers of the Board?
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MR. VANM&RTZEts I'd like to have a couple of positive statements, rather than
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II have him say that it may be argued or it may not. I'd like t have him
state it in a positive manner; if someone wants to debate it, that's another
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routine. I don't have anything clear now., from him,, describing precisely
II what he is classifying the activity.
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MR. JOHNSONs wall, sir, I'll respond to that. I'm not classifying anything.
I would hope that the Board would do that for use we have looked at the
i City Code, at the definition* we've made some effort to look at the
it services we provide and we've made a request for an interpretation based on
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�! it. And our position is that we feel, given the definitions that we have
!i readf thati we� in fact, do qulify as health related under the definition
i of medical facilities.
MR. V,ANMARTTERs That does it. That is a positive statement. Thank you.
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II MR. JOHNSONs You're welcome.
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MR. MARTINS O.K. Perhaps now we can turn to the other aspect of the mase,
which is, assuming that the Board should find that in its judgaent this is
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not a medical facility, you would ask thea for a use variance. Or rather
! the owner of tueI property would through you be
asking for a use variance.
For a use varix noe to be granted, some very particular findings would have
1 to be made by the Board involving hardship imposed by the ordinance in the
�! some that the property could not reasonably be used for the range of !
specified uses in an R•3 sones, what is the nature of the case that you are
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presenting on that soore?
P MR. JOHNSONs Ap I indicated earlier, sir, I cannot and won't, and that is
4s why we have asked representatives from the Foundation to speak on behalf
from the standpoint E
ii of the Foundation. I would only speak __ /. . of the oom unity in terms
of the hardship the potential loss of the use of this facility would make
Eto the ocmnaounity itself. And my only statement to that is that it is the
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4� intention of the person who bequeated the facility that it be used as a
oamm unity service agency for the people. without question this facility
g oould allow our organization, or could a11ow some other organisation, to
!� use this facility at a lesser cost, not only to the tasgayers, but to those
who give to the United way and other contributions.
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MR. MARTINS Well, all right, so that we have an orderly presentation here
this evening, we ought, shortly I think, to turn to members of the Foundation '.
?; for any information they can bring us an this variance aspect of tkb case.
Are there any other people representing Family and Children's Services that
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11 ought to be heard concerning the nature of the activity and/there are
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grounds for considering it a medical facility, before we turn to that aspect
of the case.
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MR. JOHNSONs No. sir.
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MR. MARTINs 30, I would now ask who it is that you would like to have - who
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is here representing the Foundation that can give us some further information
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about the hardship imposed by the ordinance on this property as it relates
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" to the variance question. 1
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MR. VANMARMs May I have a question before we go to the other point?
Are there alienee or oases, in fact, referred to you by a physician, by a
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�i psychiatrist outside of your organization, by a psychologist outside of your
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j MR. JOHNSON2 Yes, sir.
MR. VAWARTSRs would you describe a range of numbers during a period of 1
12 months of those referrals that might come from a physician? 1
MR. JOHNSON* Thirty-five percent of our referrals oame from other organizatias
or other people in private practice - private practice relating to medical,
psychological, mental health. To break that down specific aians
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j psychologists and social workers, out of that 35%, we could identify
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i� approximately 7%. That does not take into consideration those other 1
professional people from other organisations who might make referrals.
MR. VANMARTZA: The other organizations are of what nature? Like mental
health or counselling?
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MR. JOHNSON* we could talk about Challengs, the mental health clinic, the
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MR. VANMARTFRs Are those the ones that do, in fact, refer people to you?
MR. JOHNSON* S icantl. we have iaianspsychologists., hiatrists
ignii' y, P� , psychiatrists,,
ii lawyers. I particularly emphasize Mr. Nichols who is not part of the
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;I presentation. I don't want to take that away in speaking on behalf of the
j organization, if I mays I don't know if that is appropriate or ntt.
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MR. MARTINs I asked if there was anyone who you wanted to come forward I
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and give other information an the first aspect of the case. I take it there
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BENJAMIN NICHOLSs I don't think I'm going to add anything else. Perhaps i
i I could sharpen a few points. My name is Benjamin Nichols, 109 Lenrock
Court, Ithaca, and I an past president of the Board of Directors of Family
and Children's Services. Our present president is out of town tonight,
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{' Mr. Martin Shapiro. I think that the first thing to say is that Family
Ji and Children's Service is an old time organization - Ithsoa - many people j
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I in the community over the years, from all ranges of the city and the
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I county, have been on the Board of Directors, a lot of people sitting in this �
audience, so that I don't think that we have to act like it is some new
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;i organization that is just trying to make its way. It has a long history.
E I think in terns of the health related facility, it is quite clear that we
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jare talking about a mental health related facility in this case. That's
the nature of the� work. And we have very trained and expert and experienced i �
staff that is recognized tbroughout the community by all the professionals
in the community as a group that does expert work and is referred to by
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other professionals for mental health counselling., particularly related to
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families. In many cases, where people can afford to pay for that service,
they do. There is a charge for people who are able to pay the charges. For
i; people who cannot afford it, of course, the charge is very small. I oink
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j the emphasis on the relationship to the Mental Health A)epartment of the
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County and the Health Department - these are major funding sources. The
program that was spoken to as the home health aid program is one of the
it major sources of funding in terms of the agency. It provides 40 people wbo
are trained by the agency to - on physical health related problems - helping
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people to stay in their haves, but who need help in order to do so. These 1
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I� cases are referred to and approved by the Health '0epartment. The training of I
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them is conducted in part by the Health Department and this represents a
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' very major activity. The activity portion does not take place inside the
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facility. It takes place inside the homes of the people who are being R
helped. Administrative services and the training program are done inside
the faoility_4 Jim, if I mis-state anything, please correct me. I think the
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- in teras of the hardship, I can speak the heartfelt way about the
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financial problems involved in all social agencies, including the Family
and Children's Sertice. Things are tough, and while we can talk about
leasing other facilities, in fact, the cost involved would be so large, that
the services to the community would certainly be deoreabed. Under the
11 arrangement, that I believe the Foundation is trying to make available, to the
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Family and Children's service, because. of the gift that was given to the
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Foundation, and therefore, the kind of arrangement that the Foundation can makel
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�j with Family and Children's Service, would enable us to keep the cost of
H maintaining and living in an adequate facility to a much - I can't give you
the exact figure - but certainly a much smaller percent than would be
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involved in paying an ordinary commercial lease, and therefore, would mean thtt
that money could be spent for services and wabld represent a decreased burden f
�! on the citizens in terms of demands for gifts to maintain the services.
i� It certainly would be a great financial saving, and also, a great improvement
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�! in service because of the improved facility that would result. we have no
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other such opportunity available to us. If that opportunity is not provided,
we certainly will have to either renegotiate a present lease with not
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P; sufficient space, at a higher rate, which will represent a decrease in
service or go to look for commercial apace which we can ill afford.
MR. MARTINa Are there questions from the members of the Hoard for Mr.
j{ Nichols? f
MR. G&STEGER: when it comes to the question of hardship, we will examine
I parking and this aspect of the whole thing going into business in a
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residential ...
' MR. MARTINa The question 68 parking having cane up* we might deal First �
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with the question of hardship. Hardship is a deceptive word. Itecan be
E� translated into the financial situation of the user. It is quite clear from
11 the ordinance that what the Hoard, although with quite some difficulty, must
concern itself with is the relationship of the ordinance to the partioular
property and the Hoard would have to find that it was an inappropriate
designation for the property really without considering the peculiar
situation and needs of the user. And so it is for those reasons that we would
presumably want to hear from the Foundation. Are there further questions,
(� though, of Dir. Nichols before we turn there? Thank you. Can we hear from
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the representatives of the Foundation then to tell us about the property
and about the difficulties for the property created by the zoning ordinance.
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V. A. FO®4s I an Y.A. Fo", President of the Foundation. Can you hear
me? I found it a little difficult back there. I111 try to speak loud
fenough so that you can all hear. The Tompkins County Foundation was created
j in 1945 by a group of community minded local residents. They recognized
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the need for an organization that mould accept private gifts for designation
'! to more than a single charitable organization or purposee within the limits
of the donor's wishes, the resources of the Foundation are used to encourage
and support character building, health, educational, recreational, and
welfare activities throughout and only in Tonpkins*County. The charter
j� of the Foundation provides that it is a non-profit trust and the Internal
Revenue Service has ruled that _: contributions to it are tax deductible*
if
It administers gifts of any size from persons who desire to donate or
provide in their wills for the support of any or all of the Foundation's
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activites. It has the advantage of being an enduring, but at the same time, i
flexible trust, administered by experienced citizens who are responsible
s for carrying out the wishes of dach donor in the moot practical way and
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Ej advantageous manner# Provisions am be made to use the donor's gift for a
like purpose in the event of unforseen changes in community or economic
conditions such as the suspension of operations of a specified agency
?I or organization. we are operated entirely by volunteers. Our officers j
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(� and directors are Mr. Farnsworth, President Aneritus of the citizen's Savings
Bank, Mr, AAthony C. Dikiacamo, Senior Vice President of the First National
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Bank and Trust Company, Louis H. Gerlin, Treasurer Eneritus of Cornell
University, and Mr. �;. E. Tremens Chairman of the Board of Tompkins County
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Trust C �Yand myselfs all volunteers. No pay, The property that you
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are discussing tonight was given to the Foundation by Ruth B. Rogers. It
II was her home and she stipulated that it be known as the Blackman Memorial
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Home, to be used for an office of the Foundation and related charitable
uses. if (I an reading
now from the indenture) that upon the failure of the
said Tompkins County Foundation to the the for the purposes stated
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therein or for related charitable uses, said property shall revert to the j
�� Estate of Ruth B. Rogers, deceased. Now since we are a non-profit organization
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we must use our Rinds or facilities for charitable or educational, purposes*
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Since we have no paid employees, we felt that we didn't have any facilities
Ifor managing property. 3o to live up to the will, we figured that if some
worthy charitable organization in the city could use the property, and it
was legal to do so, we Would be in favor of turning it over to them, provided 9
�I they furnish us an office. That's about all we would get out of the whole
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thing. we felt that this was making quite a donation to the community,
I' because the facility would be Worth a good deal and wcid cost any organization
a considerable amount of money to rent that space* we felt that this was a �
fine donation for a worthy cause, for a worthy organization, if it were
legal, and we asked the Family and Children's .service to find out if it
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i was• If they did need a variance, to find out if they could get it. Does j
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that thasiougrily explain the position of the Foundation? Would you like to
ask me any questions, or since we have two members of our Board here, Mr.
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Farnsworth and Mr. JMiacamo . .
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I MR, MARTINs Here is the sort of the issue that is put before the Board
b the ordinance not b ourselves but
I Y � Y � by the ordinance. If we get
the variance aspect of the case. If we dicide that it is a medical faoility,
9� we never reach it. But if we find that it is not a medical facility, and
!� is therefore not one of the permitted uses in an R-3 zone, we would then 1
have to concludes in order to grant the variance, that the zoning ordinance
with the uses specified for an R-3 zone imposes (and I an reading now from °
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the ordinance) we would have to find that there are special circumstances
or unique conditions applying to this particular land or building, and not
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applying generally to land or buildings in the neighborhood, which prevent P
the land or buildings from yeilding a reasonable turn if used for arty
permitted use or purpose. And we have to make several related findings too*
i
i what we need to know is whether exploration of other permitted uses have been
made* would it be possible, consistent with the bequest, to make use of
f this property, say for a residence, group home, say, with a charitable
purpose, or for a medical facility of a more traditional sort, as a clinic
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or a nursing home, all things that without question would be permitted in an I
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R-3 zone. j
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MR. FoGG: we haven't explored my other possibilities, we could. The
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chances are, and based on the information that we have that probably it IIII"
E" would take us considerable time and perhaps we would not be able to get I(
j� anyone who would use the whole facility. If they used part of the facility,
! then it would mean management on the part of the Foundation, which we do
i
j� not choose to do. we do not have any employees, and we are entirely
f volunteer, and we don't feel that we are in a position to do that sort of
toting.
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j MR. MARTIN: Are there further questions from members of the Board?
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MR. VANM&RTER: I would like to make some sort of conclusion before the
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hearing is terminated and have them suggest that perhaps they are not
E
prepared to show hardship as it relates to the property or the land. Then
"
there will be no confusion as to that upon which we are to act. mat I an
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hearing now is coming under an application for variance to use* I have not
heard anything that approaches what is necessary to be dhhoiai, would it be
{� fair to ask therm as applicants that they have precise showings that could
I
be entered as evidence as findings• If� not, they could concentrate on the� j
interpretation.
i; MR. MARTIN: Do you have further information bearing on the hardship imposed
jby the oriinance on this property that would permit the Board to find that �
�! the property cannot feasiably be used for one of the uses specified for an
"
R-3 zone? Mr. Vargarter�s suggestion is that if there is not that kind of
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ii testimony, then perhaps you would wish at this occasion to limit your case Ij
I
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to the interpretation point, reserving for some other occasion the request i
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i= for a variance. Alternatively, you can leave things with the Board as
I
presented, allow the Board to deal with both aspects of the case, and if
jj that should turn out to be unfavorable on the variance where we ended up,
II then with. new evidence, the case might be reconsidered.
j MR. FOGG: I an not too sure about your question, but it is the Children "
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�j and Family rService that are asking for the variance, not the Foundation.
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The Foundation is saying that we have offered it to them. It is possible "
that if they don't take it, that it will revert back to the Estate,
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MR. MARTINS Technically the request comes from you. Because there is a
signed form on behalf of the Foundation authorizing ign Family and Children's
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( Services to represent the owner. It is the owner who is seeking the
variance. It is really the owner that bears on a finding of hardship. I
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�f TCNY DIGIACCHOS Mr. Chairman, my name is Tony DiGiacomo, by profession
a banker, b volunteer activities Mr. Fogg suggests., Secreta Treasurer
� Y my , g6 u86 � r'Y'
of the Tompkins County Foundation. I think you raised the question at this
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point from a matter of procedure whether we terminate and ask for ruling
i
11
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under Section 1, or whether we try to develop Section 2. I am not
I
familiar with these proceedings* which would be more appropriate, to
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continue to develop the second point? Does the second point confuse the
first?
"j MR. MARTINS well, no. what Mr. VanMarter was suggesting, as one member of
i
se
ii the Board, was that Khat he heard so far on the variance, the second aspect
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I of the case, he was not persuaded that there was enough to justify it and he
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was wondering if there was nothing further this evening, if it wouldn't be
i
best to proceed simply on the interpretation and allow you to cane back on a
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later occasion, if that interpreation lost.
I
MR., DIG?A,COWs Let me just take a minute on the second point, if you will,
whether it is pertinent or nct . Approximately three to four years ago, I
i
received on a Saturday morning a call from Mrs. "Nero attorney, Mr. Dean,
asking if we would, in fact, consider accepting the named property to be
used in similar fashion as the Livermore property on North Aurora Street*
f,
ii So in my mind as the incoming President of the United way next year and
having been in the United Way for a number of years, fixed in my mind
i
accepting the property to be used very similar to the Livermore property,
which would mean being occupied by a number of community organizations. I
I
i( checked with our Board and they gave their positive feedback. I then went
back to Mr. p
Wean and reported that we would be most happy to accept the
kI
property, to take care of it and to use it for that purpose. So merely to
I clear the air, insofar as the wishes of +Ars. Rogers. Secondarily, Mr. i
I Farnsworth and myself, both being in a sense stretching the imagination,,
I
�+ residents of the area - he 20 years ago and me more recent than that - so
we know the area. We feel that the character that Mrs. Rogers had in mind
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was in keeping with the character of the neighborhood. Insofar as hardship
�i is concerned, maybe Mr. Farnsworth waLd care to add something. We have been
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through the property and evaluated the property, and except as use for a
i
Ij community facility, or as doctors' offices, we think that it could easily 1
( I
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became a white elephant insofar as being used as a residence as has been
thought in the old days when you could afford a three or four story building
I'
with all the expenses that went with it. So that's all I have to say, unless
{
' you have any questions and Mr. Farnsworth, being in real estate, might wish
If
to add a word or two.
I
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ii MR. MARTIN* I think since we have had presentations on both aspects of the
case, we should continue with that unless you think strongly the other way*
I! We'll complete the record on this and if we should get to the variance and
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if it should go adversely, then you will always have the opportunity for
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'! reoonsideration. k'ir. Farnsworth, do you wish to speak.
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BOB FARNSWORTH: I am Bob Farnsworth. I have lived in Ithaca for 43 years. 1
I an Vice President of the savings bank and have participated in many of
the and philanthropic organizations in our community. As
3
�I Vice President of the Foundation and being cognizant of the fact that there
i; are some connotations that have dual meanings, we were the recipients of a
piece of property. We didn't ask for it. We didn't go to the deceased and
ask her to let us have the property. Me were willed the property with
certain stipulations. And those stipulations are clear, difinitive and
without any question make certain demands upon us for the disposition of ft
t
property. An office for the Foundation could easily be an office 15' x 10'
square. we don't need an office the size of that building, but that is one
1
1 of the provisions of the will and one of the stipulations. Mr. Fogg, the
President of our organization, has indicated that there is a stipulation in
the indenture which says that unless we are in the position to establish the
property as the Blaokmore Memorial Home, Blackman Memorial Home, and make
ii it available to a charitable organization, or a similar organization, that it
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reverts to the estate. I am not here tonight to argue to do anything with
`! this property that is inimical to any neighbor who may reside in the
it neighborhood, or own property in the neighborhood. I am here merely to state
i
that I understand what happened to us - inherited a piece of property. ALS
far as we're concerned, it's an onue we did not ask for - we have accepted
and we have tried to dispose of it as what we thought was right for the
!� camanunity. But in no way, do I personally feel that the change in any law or
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the variance in any law, should in any way bring despair or loss of any
kind to any adjacent property or any of that property in its vicinity. I
11 an, however, very much convinced that the Family and Children's Society,
I'
being the largest agency of the United Way, is desperately in need of
i space. And apparently, their view, after careful consideration, after due
deliberation on their part, asked us to permit them to apply for a variance.
;i
I am fully aware of the fact that since we are the owners, we have to give
this permission. Technically, beyond that, I care not what the interpretation
i;
I; are. We in order to discharge our responsibility to the wishes of the
I deceased, and in order to fallow through with what we think is the
i
�I righteous thing to do, have offered to the Children's Society, without
final negotiations, the property at no cost to theme e=ept the provision of
an office for the Foundation. If I said anything else, I would be saying
something everybody also has said. And to avoid repetition, thank you very
i� i
much, I am glad for the opportunity...
ii MR. MARTIN: Are there others here this evening who wish to speak in favor Of E
F
the requested interpretation or variance. If there are not, we will now j
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make the opportunity available to any of those who are present here this
evening who would like to speak in opposition to either of the requested
aspects of this case.
RICHARD SCHECTER: Good evening, I am RLchard Schecter, I an the attorney
ii
here this evening representing Mr. and Mrs. Frank Kavanaugh, who live at
!; w
408 North Cayuga Street, the property immediately adjacent to the property 6
in question tonight. I think I'll speak first to the first issue that came E
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Ii up • the interpretation. I think the whole thing here really revolves around
the definition of a medical facility. The zoning ordinance itself, and 1 i
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quote from 30.3(55) "medical facility shall mean and include hospital,
4I
! sanitarium, rest hone, nursing home, convalescent home, medical and dental
offices, and other places of the same nature, for the diagnosis, treatment,
i.
or other care of ailments, and shall be deemed to be limited to the diagnosis, 1
is treatment, or other care of human ailments-9 I want to make one point here,
i
Ewhich perhaps I should have started with, very clear. We are sure that the I
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'j Family and Children's Service is a well-meaning outfit; that it provides i
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1an extremely beneficial public service and that the people who spoke tonight
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have only the best intentions. But that doesn't in an of itself create any
difference as far as the zoning ordinance is concerned. Now the applicant
has spoke (sic) of a health related facility and health related care. There
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is a big difference between a medical facility and a health related facility.
The two are not the same. In addition, it appears that a large number of
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the services provided by the Family and Children's Health Service are not
i
it even health related, let alone medically related. I think the law is clear
I
for the purpose of deteinin4ng whether a proposed use comes within the terms
f+ of the zoning ordinance is not the name of the applicant that determines
the character of the usee Rather, it is certain frm what the use actually
I�
l c ons ists of and its method of operation. Now, the typical rule of
I
construction as far as words in an ordinance is conoerned, is that if they
it are not specifically defined in the ordinance, you would use the coammon
s term - the term that is in the 1 dictionary. .A. medical facility is very j 9 f
i
well defineds but there is a key word in there Mother care of human
ailments• and webster's Dictionary defines ailments to be a bodily sickness, j
disorder or chronic diseases I don't want to get too technical here, but it !
is very clear from the intent of the zoning ordinance and the intent of the f
if legislature, which is the real key here, that a medical facility has to do j
ii with doctors, has to do with the treatment of medical ailments. It has to I
s do with the kind of thing you find in a hospital or sanitarium, a nursing
li
home, a medical or a dental office However beneficial the use to the
ji community that is proposed here...
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MR. MARTIN: I don't catch the distinction you are attempting. Is it that
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your dictionary definition talks of the bodily ailments, and so that you j
ji would be arguing that any mental related health service...?
MR. SCHHCTBR: No, I would conclude that mental illness, per se, is an
j� ailment. However, I would not say, as far as the law is concerned, that all
I, treatment that has anything to do with mental health whatsoever, is medically
ja f
related. I think that psychiatrists might define the treatment of psychosis
as a medically related treatment, whereas the treatment of very minor =
I ;
i neurotic type problems, might not be medically related. But even - I don't
even want to get that technical about its I think that their own brochure
I �
describes what they do. They have all sorts of cannselling services of
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every variety and description, a few of which are related in some wady to
health. And perhaps vaguely related in some way to mental health and perhaps I
to a further medical treatment of acme sort. Although apparently there are
is no real medical personnel involved here. I don't know if the actions of a
I social worker can be considered medical treatment. I don't think so. I
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l� don't think that that is a medical facility, under the terms, and if you
think that a health related facility - there are all sorts of facilities that
I
are health related that have nothing whatsoever to do with medicine or
ii
1 medical facility - a gymnasium, a health spa is a health related facility.
It does something for your well-being. There are all sorts of counselling
i! +
programs that are similar to a gymnasium do something for your mental
well-being. But they are not necessarily medical. facilities. They have
i
j nothing whatsoever to do with the medical treatment of mental disorders,
rather than some other approach. In addition, reading from the brochure,
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they provide cbil.dren's activities groups, play therapy, counselling for
t,
the child, adoption, individual and group counselling, single parent
is counselling, human saxw%litye minority group concerns, drug involvement,
interpersonal relations, personal growth, pre-marital counselling, money
si
jmanagement, aging, emotional upset, problem pregnancies and assistance in
finding every community resources. Then they go on, here to help families,
they have marriage relations and divorce, family therapy, parent and child
s�
relations, homemaker, hone help aids, money management., adoption, drug
i;
and alcohol problems, care of the aging, chronic ill health, family crises
and emergencies. Now, we admit that Al of these activities are beneficial
to the ca nnunity, but whether they are appropriate in this zone is an
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j entirely different question. The zoning ordinance provides areas where
these activities are entirely appropriate. There is the office district, I
the business district where these facilities are entirely appropriate, and
they are in keeping with the other uses of the district. However, in this
I
f district, all of this larg+ariety of activities is definitely not appropriatet
i
a It doesn't fit in with the idea of a medical facility. It is not in any way
ii
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similar to a doctor's office, or a dentist's office, or a hospital, or
i
I a nursing home, or an activity where there is actual medical treatment going �
on, and where the primary purpose is medical activity, and not other kinds
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of services. This is actually an office use of the most standard office
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i varietye It belongs in the office district. I think the other uses in the
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district are not compatible with this sort of use* When you consider the
property itself, it has, trying to put it in perspective, it doesn't have
the parking. It doesn't have the facilities; it's right up on top of its
I
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neighbors, which, of muse, is of particular concern to my clients. The I
proposed facility is in a residential community. There are a couple of
it
offices interspaced, which are supposedly home occupations. It is interesting;
�I in regard to this entire situation, that there is a recent study, which I
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have here. ThLs .is the proposed rezoning of an area of the City of Ithaca
' I
from R-3 to B-1 and it is done specifically by the Jity of Ithaca, Department
1I of Planning , February 26, 1976, and it specifically discusses this
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particular area , and this particular block, among other blocks. And I
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won't belabor the Board from quoting here and there from the entire study,
whiche e is f Ho e o s
I man sur the Board familiar with. waver, the whole point of this
,
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�j study is that these uses are more appropriate in other zones and that they
i+ are not proper and not in accordance with time residential character of the
�I
community unity as it exists in this neighborhood; that the Board regrets, the
Planning Board who drew up this study, regrets that some of the home �
{ occupation type uses have gone too far and are no more home occupation uses.
EI There are a fear variances granted which the Board feels are not appropriate i
9
or deserved and specifically they feel that the neighborhood world be better j
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i, if the type of use that we are discussing here was not allowed any further
either by a variance or any other procedure. I think that when you get into
II a situation like this it is very important to try, to take some considered
approach and to consider the difference between a medical facility, the
treatment of medical problems, and the uses proposed here where a whole lot
{ of services are being provides, a lot of them are administrative. Almost I
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I all of them are officese As a matter of fact, Phe gentleman representing !
the Family and Children's Service started out by saying that the main
i
house would be used for offices, administrative offices, and for other, I III
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{ am sure, for omnselling offices. But irrespective of that, it appears treat
i
it is a multi-faceted office use. Some of the things that are going to go on
i
in there may in some way be related to the emotional well.-being of the
it people that came to the service, but it is not a medical facility. They are
PI
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! not operating a facility that treats medical illness, whether it be mental
medical illness or physical medical illness. I think that • really I dont �
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i want to belabor that - there is not too much that can be said about an
j interpretation whether it is one thing or another thing. I think that - letisl
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i see there was a newspaper article- according to the reporter in the local
newspaper Family and Children's Service sees an average of 25 clients a day, I
�!
a maxim= of about 6 each hour, office counselling ng and groom therapy to
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children, arranges adoptions and administers a homemaker aid
I�
�! program for shut-ins, and apparently there are approximatdy 15 full-time
i
employeesa which, of course, is a great number of people to be trooping
!� around every day in a basically residential block.
l MR. M&MNs But in a hospital, there would be no question. If it is a
itmedical facility, there is no question.
!� MR. SCHBCTERs well, it wouldn't conform with the zoning ordinance in other
I�
respects, though. `
I
MR. MIM* In terms of use.
MR. SCMET" Yes. I think that is an important thing, though. Except
�I
f� a doctor's office, it really wouldn't conform in almost any respect to the
zoning ordinance. And it is not a doctor's office. It is not a place
where medicine or medical activity is taking place. The second point that
j' we have to deal with this evening is this use variance situation. As the
I Board is, I an sure, well aware the use variance is an extraordinary
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remedy. It's purpose is not to effectuate land use planning however
justified. But rather, a use variance is only available when the zoning
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ordinance acts so harshly upon the applicant's property as to amount to a 1
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virtue violation of due process. I had actually prepared a lengtsW
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discussion of this use variance situation, but I think I am going to leave
some of it out and really get to the basics. There is no possible hardship I
! here by anybody. There is certainly no hardship on the part of tke
I
Children and Family Service and there is no hardship on the part of the
4( owner of the propertyg the Tompkins County Foundation. They received the !
' property for nothing. They don't have any basis in the property. The j
I�
' restrictions in the bequest cannot operate to create a hardship. It is
I�
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the zoning ordinance that has to operate to create a hardship, and the
Board has to look at the property as if it could be used for any purpose
f
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fill whatsoever under to zoning ordinance. And it certainly can be used for a I
Ifresidence, and there isnot any evidence in the record whatsoever to indicate
i
that it couldn't be used for a residence. In addition, as the Board has
I�
�i suggested there are other uses, even within the terms of the bequest, for
I
I which this property could be used without the grant of a use variance.
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!, There is none of the evidence in the record that a use variance would require
There is no dollar and cents proof. There is no unique circumstances
-
j whatsoever, and in addition, as I previously stated, the use is not
appropriate in this residential caamnunity. There has been no diligent or
bona fide effort made by the owner of the property to try to use it for
any other use allowed by the aoning ordinance. So rather than belabor it, I
s
i it is just our position that there is no possible evidence in the record E
whatsoever to indicate that a use variance is an appropriate remedy here.
i
It is very important to make a couple of points here just to the gquity {
if of the situation. The building itself is about 10 feet from the hove owned
by the Kavanaughs. There is going to be a great deal of activity going on.
!i 3
ii That's window to window by the way. It's Just one of those situations.
Ifou
y put a high intensity use like this, when people are coming and going
Ej all day long, their cars are coming and going. As a matter of fact, it
r
?! wouldn't be appropriate to this use if it didn't happen. If theor weren't i
i�
in a position to be available to people easily, they wouldn't be fulfilling
their service. If there is no place for them to prk - if people cannot
vi
a' get in and out of the facility easily, then the facility itself wouldn't
i'
!) be able to operate. As far as the parking itself is concerned, there is a
} big lawn in the back. This is a neighborhood of old houses, big beautiful.
f old houses. It is a very fortunate community to have an old neighborhood
like this right up on top of the business district that still remains as
it was 40, 50 maybe longer years ago, with well--maintained larger old homes
i
i; right in the mi dd a of the city. It is a very unusual situation and something i
i
that the municipality ought to take notice of and attempt to preserve
i'
i within the law, of course, as well as they can, and it is unfortunate that
'i a few of these properties have been converted to other uses. But I think
it would be even more unfortunate if more of them were so that the entire
neighborhood inevitably would go down the drain. As more and more of these
ii
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ilk
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lawns for instance become bl.acktopped.to .allow for parking, the value of the
rest of the properties is destroyed. The idea of the small, somewhat quiet,
I� aesthetically pleasing, residential co s unity in the midst of the city is
9=
j� destroyed once half of the buildings become heavy office users. Basically,
that sums up may ax meats. Just in conclusion, I think that there is just
i� no way that this facility can be termed a medical facility under the
ii
zoning ordinance, and further, that a use variance is clearly not permitted
i
here. 1111 be happy to answer any questions.
MR. MAMNs Do the members of the Board have any questions for Mr. Schecter?
I!
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MR. VANMA:R' t Are you familiar with the report of the Planning Board that
covers this area?
�f MR. SCHBCTERs The report that I quoted from? Yes, I am.
MR. VAN MARTER: Is it accepted by the Council or by anybody?
!j MR. SCHECTERs To tell you the truth, I do not know Whether it is accepted
si
by the Council or not.
i
I MR. VANMA,RTERs The answer is no. Are you familiar with the report of the
I Planning Board on this application?
i.
MR. SCHECTERs I understand that the Planning Hoard recommended that the
!I
� application be accepted, yes. i
MR. VANMART t Did you draw any parallels between their survey and this y
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r ecomamendation?
1 MR. SCHKCETfRs No, as a matter of fact, I didn't think that the recommienda-
i i
ftion of the Planning Board doesntt make sense when compared with their own
f
lengthy and extensive report.
MR. UMURTIRs Thank you. i
I
MR. (}ASTBIaERs Once in a while our decisions are tempered by practicality.
�! Have you discussed with the Kavanaughs what might happen to this property
if it did resort back to the estate? '
i
MR. SCHECTZRS Well, I think that the Kavanaughs fell, justifiably so, that
their own house, and the rest of the houses on the block, are Very valuable
�I
EIpieces of property and that they should be used for residential purposes.P P PAY
I� I noticed that most of the houses are extralOW well maintained and tht a few
of them are of such magnitude that the value of them is very, very high.
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The Kavanaughs feel that the value of their property is very high. In
4 addition, they have lived there for 26 years and they hope that the
1 �
neighborhood will remain as quiet as it is. I have been in their backyard
�! 1
and in the midst of a small city it is amazing to have such a nice quiet
i
residential neighborhood there. The type of activity that is contemplated
is certainly going to seriously disturb that environment.
jMR. GASTSIQERs well., it has been somewhat our experience that large
f
j properties of this kind are not sold to families and eventually and up in
e,
the hands of developers and if hardship can be shown, if they are held for
a year, the Board is hard pressed to deal with this kind of case eventually.
!f MR. SOMTERs I think I can comment on that. I think that the rule is
very clear, and has always been so in New York at least, that hardship on
I! personal property - the act of designing one specifically on that property
�! rather than a community as a whole, then a variance is not a proper remedy.
I A zone change would be a proper remedy. I don't think that that is contem-
plated here. I think that v* that rule has always
been followed. There are a large number of uses allowed in the ordinance and
I don't think it could possibly be shown at this time or in the near future
i
that that property couldn't be used for one of the uses allowed in the
ordinance. In addition, although I realize that practicality certainly
i
concerns the Board, I think in this situation, the only real concern is tht
the definition of medical facility. I think that there is a real responsibility
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hereto, because as I said, you know we agree that this use is a public
service use and we are sure these are well-intentioned people. If on the
other hand a preaedent is made by defining a word a medical facility
�f to be somehow any facility that is related to a mental health counselling,
then everyone of those houses in the neighborhood can have any sort of
i
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variety of uses in it. Some of them amazingly far removed from a medical
facility. I think that's a very important point. The mind con,jers up all
li
sorts of supposed clinics, supposed medical therapy clinics, and various
encounters groups and whatnot, and physical health operations, health spas,
I. �
massage parlors, and the whole works, that consider themselves to be health
11 related facilities. The thing that is in the ordinance really draws the
if
line. It says that the ossa, I am losing my papers, the place where I had
r�
that. Excuse me. The ordinance says other uses of the same kind. I
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I couldn't find it so I don't have the exact words. But after listing a
whole list of uses that are very clearly medically related uses and when it
goes on to say other uses at the same time, they didn't want to leave out
f1
il any uses which were clearly medical uses. But when you start letting in
!i any person, you start using the term health instead of medical, then you
it
add anything that has to do with the improvement of human health, there is
an incredible amount of uses that could be used in this district. Once the
Board rules that way once, it has to rule that way every single time,
it
I! irrespective of the praoticalities or the to the community
I of this particular use.
MR. MARTIN: Are there any further questions?
MR. VAN MARTERs toe have had better experience than that, when our
i!I 1 interpretation isn't close, the Court tells us. we have a record being
I� taken several times; we're being taken again. So far he indicates that
I
we are able to read this on what is presented. Number two - could you
�! describe, you suggested a rezoning being proper for a change of use of this
i
area.
�I MR. SCHHCTERs No, that is not what I said. rwhat I said was, Mr. aasteiger,
Ip made a statement that if the property were held by the Estate for instance,
if it reverted back to the Estate, and then was held by the Estate for a
long period of time and they weren't able to use it, to sell it as a residence,
that some developer would come along and make an application for a use
j� variance and that that use variance would be appropriate. Due to the general
character of the neighborhood being such that you couldn't sell those old
houses, and what mar statement was, was that if the general character of the I
entire neighborhood changed such that a property cannot be used for a
purpose, and a use variance is not an appropriate remedys rather the
legislature has, because it is the whole neighborhood, the legislature has
I
to make the remedy. I thinly the zoning ordinance, in some manner, in its
effect on one single property creates a hardship to the owner, then a use
variance is the appropriate remedy. As the unique circumstances requirement I
i
that has always been in your ordinance, and it is noted in v.
I , I think as to this particular property, there is no
!� unique circumstance. The only possible unique circumstance is in the will$
1
�' I
i
— 25 — j
al I
I and that's not material or relevant to the legal q uestion in hand, j
i
MR. VANMARTRRs would you like to discuss a permitted use for a minute.
I Could you suggest to me how many living units might be supported on that
I much land at this address?
MR. SCHWTERRs well, I think that I an not so totally familiar with the
Ci
;i
Ithaca zoning ordinances to be able to
MR. VA,NMARTERs Lot me suggest that we could have eight living units in i
i
'i that building and the carriage house combined. Might this be acceptable
to the neighborhood? j
f `
MR. SCHHCTERs I wouldn't want to speak for the neighborhood. Nor would
i;
I whether the number of parking units and all the other variance requirements
in the ordinance but I understand your question and I understand the
practicalities of the situation. However, I don't think, that in all due
respect, that they are material or relevant to whether this is a medical
facility, or on the other hand whether a use variance is the proper
i
MR. VANMARTRRs I tried to avoid the use variance thing, but we couldn't
i
f!
swing it. Now we are into use variance. I am saying to you, how many
rooming units might that property support on that much land?
MR. SCHHCTERs I can be very frank and say that I wouldn't even venture a
" guess.
MR. VANMARTERs Let me suggest like 30. Thirty individual rooming units.
11 MR. SCHRCTERs Well, I don't live there, but I would personally appropriate.
MR. VANMARTERs A permitted use - might it be generally accepted by the
c neighborhood?
MR. SCHSCTERs I don't think the property is large enough to have such a
r
use and provide the parking that is requireds, and probably other things that
are required in the zoning ordinance. Whether there are a number of allowed
uses - if you are saying to me that it would be lawful for the owner of
11 this property to build an apartment house on this property and you think that j
there is a market for such a unit, then a use variance is unquestionably
,i �
unlawful here. If there is any permitted use which would grant a reasonable
g! return on that property, it doesn't matter who the owner is, they are not
1i entitled to a use variance.
MR. VANIlURTERs Fbr permitted use, he is not required to show anything. He
i!
can make an application for permit and permit can issue immediately.
i
li - 26 -
i�
I+ i
f MR. SCHICTFR: I agree. I
( i
! MR. VAMURTER2 I don't care to go on any further.
i; MR. MARTINS Are there further questions for Mr. Schecter?
we certainly don't wish to be deprived of any testimony relevant to the
I
issues that you have already heard laid out bearing on this case, we ati]l
have several other cases ahead of us, so let me urge anyone else who wishes
I I
j tD speak to be brief and to take pains to say something that we haven't heard.
Are there others who would like to be head in opposition to the requested
j
it interpretation and variance?
� I
j CHARUX BROWN: I am going to give you a little history of that area because
J I have had an office across the road from this property since 1957. 1957,
!I my brother, who was a practicing dentist at that time, to buy
�`! a degraded piece of property that had been used by a local college. They
s
turned us down. They intended to do that. They sold it cheaply. We int
before the variance board. We were told that we hhaatto get a variance in !
order to use it for practicing podiatrist and dentist. 1957 this was we
� P �8 P , �
?j went to the variance board, or not to the variance board, originally to the
building commissioner. I asked if we could get a permit to use it this way.
1
# He says no, I can't give you a permit until you own the property. We
ended up, he says, well, I'll give your lawyer a permit for use this wady,
I� 3
if you get a variance. Well it ended up - I went around to all the j
ii neighbors - this was twenty years ago, and asked for a variance. Old
ii
' Herb Peters, a local pilot, wham you will renamber, a few of the oldtimers .
1
!i Herb said to me, "what kind of a sign are you going to have?" I said we
ii I '
,E
got two signs ordered to hang on the building, one for the north corner and
one for the south corner. What the porch was, we were going to tear it off.
I said one was a six foot long tooth with a red root in the bottom, with
I a flashing light in it. The other one was a foot six feet long, with the
4
!� big toe turning up this way, with a red light in it flashing. He said, "Oh,
s I
I, that kind of sign is all right." To me, ask a silly question, I'll give
io
;� you a silly answer. Now, going back to ghat we are here for tonight. I
i; got a variance - I went in there 20 years ago. we were illegal. I didn't
j get the variance because my brother took the apartment over. My brother
; I
j died five years ago. I rented it for a couple of years. I hope by
„ I
I Thanksgiving that I aim the legal resident down there myself, because I just
i
i 27. I
I
it
E signed the papers today to sell my house on West Hill. That's neither here
nor there. But going back after what I'm after. This property was left '
to a Foundation. Fine. I would like to see it like the Livermore Foundation.
jFine. But I want any Foundation, any outfit that uses that property, to
h be the owner and the operator. I don't want them to be anybody, I don't
,4
want them to give it to anybody else. Now, when I went down there, I was
the first medical, if you want to use that terra, I am a podiatrist, to go
i
in the area. Sinoe then, we have had chiropractors, we have had physicians,
t
j we did have beauticians, we did have a type of real estate office, operating I
in the horse, which is fine. We now have beauticians, real estate. Fine.
i1 But, our good city fathers, I am not sure whether I like that word good
or not. I have had some trouble since I have been building down there with
i
some of them,aestapo that run our city. But that's neither here nor there.
i'
They are denying an individual-owner-operator on several pieces of property f
,t
in this neighborhood. Basically lawyers. They are owner-operators. I
do not object to them. Matter of fact, I am going to get real crude*
fj
f
I'm going to bring up a point. If a madam went down there and she was the
owner-operator of a piece of property, and she wanted to put a red light
'I over her house, go ahead. If she hired one girl. No diets This is the
E, r
way I feel - owner-operator. I object to this outfit because they are not
the owner-operator, and that is the only way to take care of a piece of
i
property. You are denying a lawyer, who is doing a beautiful job of
i
refurnishing and doing over a piece of property. His office is there, which
i
!� is fine. He has cleaned that piece of property like it has never been done
±6
(' before. Before that was an absentee landlord. Students. I blew the I
i!
whistle on them because they had marijuana growing upstairs. They canoe into
the office. I said, "Is that marijuana?" He said, "Yes." Owner-operators,
fine. Absentee landlords, which is what you Foundation is, I an sorry,
Mr. Fogg. You are an absentee landlord. I object to 'em. For that reason.
�I
All of you people with the Foundation are absentee landlords, You inherited.
u.K, I still object to it, because of that. I intend to live there soon.
is
Now, what is the medioal. You are trying to say interpretation this way.
To me it is the right to diagnose and treat. Do these people have the right
to diagnose and treat? No. They are giving a service to the community,
}f �
it yes. They belong in a building up on state Street, up where the mayor
i wants to get people. Not down on private property. They don't take care
fl i
c,
_ 28 _ i
of it. No Foundation will take care of private property. As another j
iperson has got to be an owner-operator to take care of it. Now, I've
had my little say. I've had fun with certain city fathers. I've had thein
walk in and demand certain things and object to 'em, One man walked in and
l ;
demanded and asked what a swashtika was. Are we here this way, or are I
we here for the help of the community. I am an owner. I am going to live
Ip
�I down there soon. It is my residence. After 30 some years out in West
1 j
Hill.. I used to live as a kid on Cayuga Street too. But I object to
anybody on that block or the area around there, which is just as designated,
of any outside landlord owning it, and renting it. Thank you.
r
•i
I MR. MARTINS Are there any others here this evening ;vko would like to be
I
I heard in opposition to the requested interpretation or variance? I have,
if I may complete, then, the hearing on this case. Yes? 1
MR, SCH®CTHRs One further item, which I didn't want to bring up before.
I have a petition by some 30 of the neighbors who didn't wish to speak up
II themselves here this evening, but just wanted their voice to be how d in that j
manner.
l
MR. MARTIN: All right, to complete the hearing on this case, I will note
i'
the acceptance of these petitions as an Exhibit in this case, and I will
I
jj also note the receipt by the Board of a letter dated October 2 from Mr. and J
�I
Mrs. Marvin Carlson: which deals with both aspects of the case. I think in
�j view of the extensive hearing we have already had on the matter, that unless j
i
j, there is an objection I will simply note the acceptance of that letter and
i not read it through....
I
FRCK THS AUDIENCE: I would like you to read it through.
'I
j MR. M&RTINs All right, I will read it through. Dear Sirs, we would like
I� to add our voices to those opposing the addition of a large, non-residential
�l
use at 406 North Cayuga Street. We understand that the appellants contend
that the type of service provided qualifies as a medical use and so should
be permitted in an R-3 zones We do not have the background to judge
whether this is legally true or not. Even if it is true, that some fraction
of the services are legally medical service$, however, we urge the Board to j
limit the uses in R-3 districts to those, and not to extend the interpretation
of medical to social work or other associated services. ..... The residential
areas nearest downtown are in the greatest need for protection frau the
- 29 -
'I
opportunists and speculators who put their own pocketbooks ahead of the
city's good. No matter how deserving the Family and Children's Service may
be in itself, a variance in its favor, would do both immediate damage to !
I
the neighborhood, in the form of increased congestion, and long term damage
in the form of encouraging speculators and further downgrading of residential
!� properties in the area. We would like to point out that like most homes
I
`I !
in this area, the building is splendidly suited for residential use. The
I I
i
house is spacious, comfortable and charming. The area is a lovely historic
f
neighborhood, a delightful place to live. Please help us keep it that way.
Sincerely yours, Mr. and Mrs. Marvin Carlson. All right, that then, I
believe, concludes the hearing on this first case. We will move on then
to the next case, which is what, Mr. Secretary.
MR. HO&M: Appeal 1131 - Appeal of Autnony Pane, Jr. for i
area variance under Sec. 30.25 Col 6-10-11-14 j
�I to add addition to existing structure at 10
Dodge Way in a Rr-2 use district.
�I WID TAUBR: My name is David Taube. I an with O'Brien and Taube,
R' architects, 106 East Court Street, and I an representing Mr. and Mrs. f
flAnthony pane. With regard specifically to the question at - there are
three - four - items that, I believe, are in question. First, let's give `l
i
a very quick history of the house. The house is located on Lodge way and
Heights Court, the north end of the City of Ithaca. It is surrounded on the
west by Highland House Apartments, on the south by two residences, one
located at this point, one not shown right here, two private residences at
i
this point, a rental building, with two apartments on the corner, and two
very large student rental apartments across the street on the north. The
existing house is very small. It is 500 square feet, and was originally e
part of the wykoff Estate, and served as the blacksmith's shop and tool
i
shed. The building adjacent to it was in fact the carriage house. The
9
property was subdivided many years ago, in 1946, the carriage house, the
blacksmith's shop was converted into a home, which served as a residence
I
for one individual up until two years ago. The existing home has a living
rooms, one bedroom, a small bath, and a very small kitchen, with one closet.
s The Paynes purchased the house just a couple of years, have since had a
f
child and they simply wish to add one bedroom, and to extend the kitchen f
' into what is currently the bathroom area, and then move the bath out into
! the addition. The addition is 12 feet wide and about 22 feet long and I'd
s
i
61 0 �
1!
fI i i
I
like to show you this photograph. This is the carriage house behind the
shed, although painted differently, it was rennovated at the time, actually i
i
restored at the time, in keeping with the carriage house. & carport was
added about four years ago, I believe. The proposal for the addition wczld i
carry the same design of the tool shed residence, and it would go over to ;
,
i the carport. Jb basically, UW is the existing house, the storage shed
f
by the carport, and the addition would somewhat fill it in. The four items
in question are lot size, column six, requirements 5,000 square feet. when i
the lot was subdivided it was divided into approximately, 1,600 square feet.
So at the time of its subdivision, it was 400 square feet less than the
P
current zoning requires. Maximus percentage of coverage allowable is 25%, andl
, s
j as we compute it, and it has been verified by the Planning Lepartment, the
addition would add sufficient coverage to make it 25.2%, which would
include full coverage of the carport, It excludes the roof overhang, which
f j
�j is currently in the front of the house and would be extended along the
side of the house to continue the character. We seem to have agreement that
that coverage is not included in the ordinance, which states that open or
f
! i
enclosed porch shall be considered part of the building, and since it is
!
!j just a roof extension, in architectural teens, so that there is no real
i
area that could be considered a porch, and more importantly, I believe, it
�I could not be later and. osed to serve as an additional room. Minimum front
yard requirement is 25 feet. Again, it is the existing house which is not
I
in conformance. It's only 16 feet. Minimum side yard . . e ?
,
MR. MARTIN: And that will not change, by virtue of the addition.
I i
MR. TAUBE: No, the last item is column 12 and it is a 10 foot side yard and
I the existing house is three five. The addition does not change any of the
requirements. Three of the problems right now, column six, the,minimum lot
I
size obviously will remain the same. The front yard and side yard are
!� both problems of the existing structure. The actual front of the house '
faces Lodge WaV, which is a private road. The address is lodge fay. It is j
f
i( not a private street, which was our interpretation this week. If that were
the case, though, our front yard is adequate, and our rear yard is not
adequate. In either case, it would still be the existing structure that is
I the problem.
MR. MARTIN: The only thing that's changing is percentage of coverage.
I
,yll
�f
I 31
!s
!j
i
MR. TAUBEs By .2 percent. Our feeling was, in that case thea, answering
0 I
specifically to the information in the appeal of variance, I think it is
obvious that 500 square feet of the existing house is certainly unreasonably I
small for a family of three. If I might say so, the child is sleeping in j
the living roam. It's a bit of a problem. The major portion of the Problems
with regard to the ordinance were created in 1918, and we don't believe we
are compounding the problem. The house is being maintained as a single
s�
family residence. People in the area have sent letters. As I mentioned, i
all but three residences are rental situations and there has been no I
l !
response. The individual who lives in the carrishouse next door is j
i delighted at the prospect of it being further entrenched as a single
s !
family home, as opposed to the possibility of it being a rental situation
at some date or being possibly torn down. The proposed addition, again,
i
�p would be in compliance with the existing structure and the addition would
also continue the character of the existing structure, maintaining harmony
with the surrounding buildings, and for this purpose my clients are
3
3i requesting that it be approved as an area variance for the four items in
E question.
MR. MAWINs The current structure has living room, one bedroom, bath,
II kitchen.
MR. TAUBEs Correct,
MR. MARTIN: The addition will achieve an additional bedroom, moving out the
I bath to give you a bigger kitchen.
(� MR. TAUBEs Essentially all we have added is one bedroamy making the kitchen 1
slightly larger.
MR. GASTEIQERs You emphasize the aesthetics, how do you feel about that f
carport?
MR. TAUBEs well fortunate) as you can see here the buil !
s Ys Y , ding has sone �
i
fairly heavy lines, facial lines, you can see it more around the side, that !
I
if it is done in a character similar to the period, white trim. The shed
itself is painted blue. The carport itself is white. Certainly it is
much more modern. But the design, as we have tried to dhow it here, has I
tied thea in to what we fG41 still is appropriate to a residential
II neighborhood. The carport is also something we had to deal with as existing
too.
I
32 -
ii
�+ MR. MUTINt Further questions? Is there anyone else here this evening
who would like to speak in favour of the requested area variance?
ti
I� gone who wishes to be heard in opposition? That now concludes our public
hearing on case No. 1131.
j MR. HOARD: The next case is 1132.
3
Appeal 3.132 - meal of Ithaca Properties, Inc.
for area variance under Sec. 30.25, Col. 11 to j
enclose patio area to existing structure at j
374 Elmira Road in a B-5 use district.
E
MR. MARTIN: So as not to be mystified by the reference to a ccmuni.cation,
!� I
I let me read the memorandum which we received this afternoon,from the �
Department of Planning and Development. This appeals falls witni.n the
I� I
class of zoning and planning actions which must be reviewed by county
�f Y
Of
it planning agencies as required by Article 12(b)/the general municipal law, i
Sections 239(1) & (m) since it affects property within 500 feet of the
' I
state highway. This requirement has just come to our attention with respect
to this appeal, and thus was not addressed by the Planning and Development
i
t Board at its review of this case September 26. The facts of this case have
1 j
at this stage been referred to the County Department of Planning and
ilk Development for review and recommendation is required. If the Board of
Zoning Appeals wishes to consider this case, in the absence of such
i
recommendation, perhaps it would be appropriate, to condition potential j
approval on a positive finding by the County. I think it would be clear that
i
we could not without condition proceed to approve this.
C wALTER wIGGINS: Ladies and gentlemen, my name is Walter Wiggins. I an
representing Mr. Robert O'Malley, the operator of Lum's Restaurant and I
i!
i thought perhaps I could first wQlain the problem, we could then discuss
whether or not a variance is required. It is our view that it is not, and
i
we have come to you for an interpretation of variance. The problem is the
following. You are generally, I would gather, familiar with Lum's Restaurant
and the west side of -41mira Road is here. Forgive the poor craftsmanship t
I
i; of the drawing. On the west side of the building, and on the north side of
the building there is a porch with tables and chairs. There is a wrought
€i iron fence which surrounds it. Originally there was a canopy which covered
11 the porch area. In substance, the request is to permit the operator-owner
to winterize. Probably, it is this summerI s mather that has prompted
a consideration of this proposal, in that the porch cannot be used for
I
- 33 -
Ij
tE
it
1 I
Ij eating in inclement weather. It seems to be one of our problems in Ithaca.
i Now we come to you suggesting that no variance need be required because
j the section in question, at least the one which we feel is appropriate,
relates to a non-conforming use, as opposed to a non-conforming structure.
At the moment, this is a non-conforming structure, although it was a
conforming structure when it was built. In 1975 with an amendment of the
zoning ordinance, requiring a ten Foot setback from the right of way, a ten
foot front yard, put a theretofore conforming structure into non-conforniance.
P That is to say, the structure was located closer to the right-of-way after
the ordinance was passed in 1975• That language doesn't make any sense,
I am sorry. After the ordinance was passed a conforming structure was no
longer conforming. So we do not ask for a change of the use, because the
use has always been established as a use for eating purposes. And, indeed,
if the ordinance had not been passed in 1975, it would be both a conforming
use and a conforming structure. If you look at Section 30*49 on page 30.5b
i
of the ordinance, you will. see basically wry we believe that the ordinance
i ;
does not in any way preclude what we propose to do. In it's title it
i
relates to changes in use, extension or enlargement of non-conforming uses
or structures, and it is the word structures that gives us the interpretation
problem,�cause it would appear that if there were a change in such a
I
structure, certain things would have to be cone., we suggest, however, if
7f t
you read that section, there is nothing that relates to structures. It only 3
H relates to uses, and therefore, is, in our judgment, inappropriate. when
I
`j we spoke to the representatives of the Flaming Board, they unanimously
I
i! favored support of the request that it was a reasonable one within the
f t
confines of the parameters of the use wLthin tae area and chose not to
'= make any recommendation with regard to the interpretation of the statute.
t+ 1
If we can agree that Jection 30.19 does not, in fact, proscribe, a change I
ii
i1 in the structure as we described it to you, then there is nothing more for j
s
F �
I� use to discuss. If you were to determine that that is not the case, it would
i=
i then be incumbent upon us to establish some kind of hardship to your
satisfaction in order to permit us to get the permit required to enclose the
I"
,! porch.
'i MR. MARTIN: Is 30. 49 the only place we ought to be? It seems to me that
it
e
we might just view this as a new building. And if this is a new building,
I�
fi
i
!� I
34 -
then it requires an area variance. If you look at the definition of
building, it requires wholly or partially enclosed. So that the patio or
jporch might not be viewed as a building. This is going to be a building now? j
t
MR. wIGGINSs No, it has always been a building, and the foundation is on
i
this western most line. What is proposed to be done is to remove the glass
it
i wall which is located here in this simple drawing and to move it forward to
the outside where the railing presently exists. I might also state that
j
the plan here is one that we had hoped you might approve of in general, and j
I
that is that we propose to eliminate this sidewalk, and put that into the
green strip which is ultimately desigre d and planrn d for that area. I IiI
I
i
think there is some 11-1/2 feet from the edge of the building to the curb -
proposed curb of the widened Route 13. But we are not expanding the use.
It has always been used ss a restaurant and as a place to eat,and drink. I
f
But it has not been used in inclement weather. Wintertime, and in cold
weather in the summer. That is the nature of the problem. If indeed as
you look at 30.19 and you see something that we don't see that does require
us, besides the word structures in the title, it does not require us to be
before you. If that is not your understanding, I guess we should go further.
it MR. USTEIGERs what is the nature of the awnings?
,I
j MR. wIGGINSs The awning was to provide cover from the rain.
€i
MR. WTEIGER: No, its construction, plastic, canvas...
f3 I
MR. wIGGINSs It was canvass.
MR. GASTEIGERs And it extended from above the windows out over this steel, i
railing.
1
j
? MR. ROBERT O'MUZZYs It went around the building in an eL" shape, just
li as the patio does now and it was directly above the patio. The roof that
I want to put on would exactly parallel where the canvass was before. So j
sf
that instead of being a canvass that deteriorates every two or three years j
and has to be replaced, it would be permanent and I think a little more
ii attractive toward the end of the third year than I tarok the canvass became
f '
(� when it wore out.
`! MR. MLM-02 The fact that it was not a non-conforming structure would not
14 allow you to extend it further out. That is to say, you are resting on the
it
notion that the building already goes to the and of the porch in order to
11 argue that you need not be here, irrespective of 30.19.
I
C� MR. WIGGINS: That's correct. Indeed, if this were just a patio, that is to
!I
I
I I
I
say, someone had placed tables and chairs out on the lawn, we would have a
different situation. We claim that this concrete gad was indeed an integral !!
!I part of the building itself, designed to accommodate people to be served I
i
II food, and all we are doing truly is permanentizing the roof and putting a
I
glass roof where there is now a railing and open air.
i t MR. MARTIN: Are there questions about this aspect of the case from members
II of the Board. before we turn to the requested area variance?
MR. WPRZAK. Perhaps, a question that contains a lot of common sense.
There is a lot of traffic on Route 13. There is a lot of traffic that
If
carries building material, like gravel stone. They travel pretty fast
there, especially when they are coming from the south. Areatt you a little !
I
bit afraid to put glass and people only 10 feet away from that kind of
i+
!i traffic?
!' MR. WIGGINS: I would 3 that what we would bed
i ay Ding would be protecting �
s III �
them from the possibility of being struck from such debris while they were 4
f
legally seated outside without any protection whatsoever. Certainly the
i
kind of glass that would be put there would be such kind of glass that
i4 would prevent any damage or injury to people who were sitting there, and it
E ,
could not so exist if they legally sat there in the openair in the i!
I
i
summertime and the spring and fall. So I think that that would not be
an appropriate objection. One other thing, as it is presently designed there
�I
i; is a front entrance over here. That front entranceway, we would eliminate. j
I'
It is only at the side. Again, because there would be no access to the
IIII I
f building, this entire area then becomes a green area, with no traffic of
i
any kind, or vehicles of any kind, or no possibility of cars backing in
!� here and spinning out. And again, in terms of the equities, this was in a
i
B-4 zone, which did not have any setback requirement. So the building l
j�
was indeed built in conformity with the zoning ordinance, and then when they i
I�
I,I amended the ordinance in 1975 to a B-5 zone, which is exactly the same as
i��I a B-4 zone, except that it requires a ten foot setback from the right-of-
I I
i way, and by expanding the right-of-way would eliminate the setback of i
over ll-1/2 feet from the highway was something less than 10 feet from the +�
?� right-of-way, the right-of-way line* i
i MR. vANM&RM: That was my question. The property line is, in fact, there
�I
11-1/2 feet.
I
Ev i
i
I�
36 -
�I MR. WIGGINSs Yes.
i
MR. VANMARTERs From the main wall of the building?
o
�! MR. WIGGINS: No, I can't say that. The property line runs something, let's
i
I� say, between five and ten feet from the porch line,
j i
tj MR. VANMARTERs O.K. Sketch something in there. let's assume that it is
9
five feet. Now from there, how far is it to the pavement?
;
MR. WIGGINSs To the proposed curb.
MR. VAmuir : Are you going to pave all the wady to the curb?
ii MR. WIGGINS: My understanding is that the distance from the edge of the
building to the proposed curb is 11-1/2 feet.
11 MR. VANMARTJ'.Rs O.K. Now put the line where the iron rail is on the patio
1� to the property line, right over the same line here.
MR. WIGGINS: My understanding is that it is between five and ten feet
f
�? between this point and this point. At some places, I guess it gets as
i
low as five feet, and up at this and it's in the neighborhood of ten feet,
'i
and down here it is five feet.
(; MR. GASTEIGER: I'm having difficulty. The part you are calling the patio.
E
f In my mind that's not part of the building. Now, perhaps someone could
clarify this for. see s
Ij MR, WIGGINSs I think the use of the word patio was perhaps inappropriate. ,
! It was indeed a concrete pad porch, open area eating porch. And it was
designed as such to acoammodate eating
li MR. MARTIN: Let's put the issue this way. When the building was built - or i
!
today the front yard or setback requirement would be measured to which of
jtwo things? To the front of the porch or to the wall?
MR. WIGGINS: It would be measured to the front of the porch to this point.
jIf we caime in asking for a new building, the nature of this building is such
ii
that this would be the point you would measure to, because it would be a
!' part of the structural foundation of this building.
!' MR. GASTSINGER: Do the records show that?
I !
MR. WIGGINS: That's correct.
6 f
MR. KASPRTAKs Do you have any co+sment about the City Engineers' matter? i
V'
MR. WIGGINSs Yes, my understanding is - I think his concern was that a
vehicle caning out of the driveway here has only 11-1/2 feet to observe
traffic. In this direction, our suggestion is that this is indeed an 1
P
li - 3? -
appropriate distance, no matter how far back this buil ht be
ding might , you have
I
to come out six feet to be able to see. Anything over six feet is not
required and you have to stop in order to enter the highway, and by the
l time you reach the spot where you are able to enter the-highway., you are at
i
least five feet beyond the point where you need to be to see the traffic
jt
(I caning in.
I� MR, USPRZAKs I would rather take his view than your view in a situation
I� like this.
MR. WIaGINS: I understand your remarks for sureo We went down with a �
I
j vehicle, and it is just common sense, regardless of the fact that he is an
I( engineer, cannon sense tells you that the vehicle has to cone out a certain
I
distance to be able to see, and indeed you only have to come out far enough
ii
to be able to see. If the front of your vehicle has to be into the roadway
i! before you could see, there would be logic in his remarks.
I
i MR. GA,STEIGER: How about safety in terms of the reflection of the glass?
I
p Reflections of headlights coming down the highway?
MR. 09XU=s we thought we would use tinted glass to eliminate that as E
!� a possible problem. E
M. KASPRW: How much ■eating" space are you actually gaining.by pushing
your wall out?
I�
MR. OIMALIAYs I am reluctant to admit that I an gaining any since it is
I� already there.
I
MR.. KASPRW-. Well, what I mean is, covered eating space. i
Ii MR, O1MQLEYs There are 50 seats on the porch, and this way we would be
�F able to use it in the inclement months. That is to say that in the winter I
we would be able to use them., and in the late fall and in the early spring.
These are not high traffic periods anyway. Of course, in the summer it is
i
I a high traffic period. We do seat people out there. We sat people out
eE �
! there last summer and we got some requests and some feedback that it would
be nice if it was enclosed. We do have a certain amount of business there
;
and I would say that there is definitely a demand for the seats.
MR. WfIGaINSs we can only presume that the business operator believes the
investment in permamentizing this structure is economically viable. ;
d�
MR. O'MALI.BY: I would like to see the area improved just like the city
f
j would. I like the idea of the road being improved and the flower bad
i E
which is planned along Elmira Road, and the removal of some of the signs
I
jj
i
II - 38 -
which I an going along with as you will see in the Planning Board discussion.
!!!!� I want to cooperate and participate in that.
o
I
MR, WPRW* I agree with your comments, all three of you, although Chuck
i7
ti
didn't say much yet. But it still bothers me that the highway of that
magnitude, and it may became heavier, is so close to the building and you
i'
are not concerned. It bothers me very much. Whether these is a law, or no
law at all. It's just that simple at the moment.
i
MR. WIGGINS: I think that you concern is oertainly reasonable and sensitive
to the problems in the area, but if it is the safety of the customers, I
think it is more reasonable to assume that they will be safer with it than ±
without it. It is certainly going to be more comfortable with it.
MR. O'MALLBYs The problem is the reality that the porch is there and is i
�! being used in the highest traffic period of the year. By enclosing that
Ii
jarea, we are protecting them more than by leaving it open.
CHUCK QUINETTEs Even in the warm weather months, it is being used - and
I
because of sanitary purposes, it seems advisable to enclose it. More
i? people would enjoy it because there is dust out there. !
MR. KASPRZUt In the long run, you couldn't buy mon for your money by
going in another direction?
MR. WIGGINS: There are certain very practical problems concerned with the
�! layout of the restaurant itself which would require total revamping and
reorganization and redesign of the restaurant because of the location of the
kitchen, and the other facilities which are rather high cost items. They
�j can't easily be moved. '
!I MR. O'MUJAYs Let me also s that the decision to make this orch and
I!, � p
= roof an enclosure, is not totally motivated by the profit incentive. I just i
want to say again that I would like to see the area became more attractive
and this is one way to do it. It kills two bins with one stens. Of course, i(
it will help me businesswise. It will help to beautify the area and this f
is a goal that we all have. I really couldn't do it if it didn't have the
i potential of additional profit.
!j !
MR. M&RTINs Are there other elements of your presentation? Through the �
questions, we have gotten into the area of variance.
E
!! MR. WIGGINS: I would just like for the record to reserve our right to cans
I
I back if we are not successful in convincing you that it is not an appropriate
problem for variance.
I
I�i
i
1'.
- 39 -
MR. MARTIN: You are not seeking it on this occasion? I
MR. WIGGINSs I would prefer not to. I am not really prepared to discuss
?i that part of it, probably because I was so convinced that we wouldn't reach
f
!i I
that point, but in all events, I would like to reserve the right to do so
if I have misjudged the interpretation of the ordinance.
MR. GASTEIGER: Can we be precise on how many months or how many weeks that
you seat patrons in that porch area?
MR. vEGGINS. I think there are two answers to the question. If the weather
i is good and it is a time of year when there is heavy traffic, we will use
it. we will use it even when the weather is not very good, when we don't
�i
iihave enough room inside. People will either stand outsideand wait, or they
I
will sit outside and wait, or they will be served outside. The weather
I� really controls its use more than anything else.
i
�i
MR. GASTEIGER: Well, temperature determines absolutely when you are not
�I I
going to use it, doesn't it?
i J
MR., WIGGINS: Yes.
�I MR. GASTEIMs I was wondering, assuming it was reasonable outside, would
you run six months, or plan on having people out there six months or nine
months?
I
MR. wIGGINS: At the present time, it is used whenever the weather permits.
MR. O'MALLEYa we literally, if you want to get very specific about our
s !!
li overflow period, it's about four times a week, we need additional - let's
_ say we use all of our space. We get that usage at varying times. This I�
summer we got it very rarely. Of course, last summer wasn't so bad, and
we got it more often. I
!I MR. MARTIN: The weather is pleasant at the moment. would you be using it j
jtonight or tomorrow night?
1 MR. wIGGINS: It was used last week.
`i MR. GASTEIGERs Could you give a percentage of your business that it
represents?
MR. O'MALLEY2 within the last twelve months, I would say 50 seats I
'i
i; represents something like a third of the total number of seats in theit
E
restaurant.
i
't d
;i
�i
j �
j
40
I`
MR. GASTRItZt- That won't answer the question.
MR. WIGGINS: The projected gross income as a result of the enclosure is
i
$150,000 per year, in addition to what is now provided.
ii
MR. URTINt Are there further questions from members of the Board? Guess notI
Next case, Mr. °ecretary.
j MR. HQWs The next case is
I
3� Appeal 9-1-76 - Appeal of Ithaca javings Division
j for exception to Sign Ordinances under Sec. 7-(A) 1
and Sec. 9 at 300 N. Tioga Street in a B-1 use
district.
jiJIM STRONG: My name is Jim Strong and I an an officer representing Ithaca i
Savings and I have with me tonight Mr. Stan Blum, who will be available to
j
!I answer any of the technical aspects of our applicatbn, and Mr. Bill
' Halpern, also an officer of the corporation. We are appealling for a j
variance from the existing sign ordinance for a sign that we propose to
Install at the Ithaca Savings Office at the northwest corner of Tioga
and Buffalo. I would like to give just a bit of history to get us to where
we are tonight. I guess this has bounced back and forth between Ithaca
Savings and the city groups concerned with planning for at least three years
and probably close to four years and I guess it is unfortunate that we
didn't act at the time we built the building before the zoning ordinance
was changed, because at theft time what the architect proposed for the j
iI ,
building that we constructed is what we are still asking to do, which was
proper for the ordinance at that time, and which is no longer proper. So
If
j' now we are faced with the situation where we can construct a sign that
canplies with the zoning ordinance as it now exists, but we feel that our
solution is much more acceptable both from our point of view and the
�! public's point of view in preserving the architectural integrity of our
building which we hope has been an asset to that area, and also ties in witn
the signs that are in existence in the area that we propose to locate our
sign* we have met with members of the
ig City Planning Board, members of the
i City Planning Department, and I have a stack of proposals tnat we have i
worked over these past three or four years, and for one reason or another
were either unacceptable to the Planning Board or to Ithaca Savings. Now
at the present time, we have absolutely no sign on the building at all.
!� And as you can imagine, doing business without a sign is not very acceptable.
People came in and tell us that had they known that we were theze a month or
i
two ago, they would have been pleased to do business-with us. Our business
I I
41
!� is essentially a ca=muAty wide service. It's financing hoames,and to the
Ij extent that we can offering a place for savings acoounts. Now, the
!I proposal that we have before you is one that we think ties in very nicely
with what we hope you will agree is a handsome building on that location.
It ties in very well with what the architect, Bill Downing, originally
I
intended for that building and it also meets with the approval of some of I
i
I the people who are very concerned with planning and who helped us with the
f6
�j proposal that you see before you tonight. I assume that everyone has seen
�I I
this. Is that correct?
MR. USTEINGER: Seen what?
t
MR. STRONG; O.K. I apologize. (Passes copies around of the architect's
�f s
proposal). Now, what we are asking to do is to put up two signs, each of
which is a little less than half of what we would be permitted if we follow e
a' I
the dictates of the ordinance, which would be to attach a sign to the
l building, lee really hope not to have to attach a sign to the building,
f again because or maintaining its architectural integrity. It was never
i
'i designed with the idea of hanging a sign or fixing a sign to that building. e
!! So if we hr d to what we would plan to do is to build a sign which exactly
ei
meets the zoning requirements, which would be a 50 square foot sign on
each side of the building, and we have to put it up high enough so that it f
wouldn't interfere with the lines of the Wilding on each side, in other
words, we would hang it on the roof in front of a parapet up there, hoping
that by sheer size, it would attract attention to the idea that we are a I
savings and loan association.doing business on that corner. That would, j
I suppose, do the job, but really it's not what we think would fit best I
in that neighborhood. In fact, I am honestly dismayed at the idea of a 1
;I sign of that size on top of the building,bxt if we have to put the sign on
3�
iw the building, that's where it would go and would be - fortunately the
it
ordinance would permit the sign to be larger enough, facing on Buffalo ,
I`
I Street and on Tioga Street, so I think it would draw people's eyes to the
i !
t
fact that the sign is there. We don't think it is a very acceptable solution.l
if we have tried to be cooperative in this matter. We had several proposals
i
it
for signs the City felt just didn't meet the spirit of the ordinance, or
some didn't meet the requirements of the ordinance. Those that we thought
legally met with the ordinance, by the planning people didn't think met
I'
with the spirit of the ordinance, we voluntarily withdrew. So we are at an
i
1! I
1
- 42
r
impasse. he mahardship . ay
The hdship is the fact that there is no sign* need to
�. I
do something, and I guess we are at a point now, that if we can't procedd
with the sign that we propose, then our only solution is to follow the
I
dictates of the ordinance and put up a sign that is really too large for the
1
building, too large for the location, but because it will have to be put up
I
so high, we will need all the space that is allocated under the ordinance.
!i !
(� MR. MAMN: You would a bit unhappy about having to live with the ordinance.
II Of course, we unhappily have to live with it too. You have laid down some
clear requirements for signs, and it allows us to grant variances on the
same teens and conditions that the zoning ordinance does. Now what is the
'I
case you would give us that the terms of the sign ordinance as applied jI
i1 I
to this property, and if uniquely, make it unreasonable, difficult
r
arbitrarily to comply with so that we could grant a variance in this case?
I
MR. STRONG: well, as I understand it we can't meet the setback requirements j
I
for freestanding signs because of the location of the building. I might
add that we voluntarily put in the setbacks that have been establishedo we
did not build to the property line as we would have been permitted to do. So
ii
although we voluntarily dial this, we didn't go far enough in anticipating
'! the problem with the sign. The ordinance, as it now stands, would permit us
to affix a sign to the building. I am not sure whether it can protrade, and
i
if it can, how far it might. But again, in keeping in style with the
i
building itself - what the ordinance permits and what we would follow, I
r
think clearly would not be suitable for our building and that neighborhood
II location. But to do what we think is acceptable, and what others have
r
�j
done in the area, requires that we have a variance under the present
ii zoning ordinance.
;i
MR. MARTIN: Are there questions from members of the Board?
i
MR. KASPRZAK: would you consider one free standing sign, instead of two
free standing signs? I appreciate your idea of trying to keep the building
j free and all that stuff.
MR. STRCKG: Sure, sure. If it came down to that, we would mach prefer to
„
!e have it on the Buffalo Street sides rather than the Tioga Street side.
MR. KASPRZAK2 If you could have it right across the corner, I don't
i+
i know whether it is feasible or not, then it would be visible from both
sides. Anyway, it would still give you the same information, e=ept you
would have only one sign.
i
I
— 43 —
MR,
3 —
MR, STRAND: we could look into that.
MR. GASTEIGER: what does the ordinance say? It has been so long since we
have had a sign consideration - on the face of the building. It has to
do with the footage doesn't it?
s
MR. JONES: One and a half square foot per linear foot of structure
i
facing right-of-way.e irig the
Maximum 250 square foot per structure. May project i
i`
18 inches beyond the building, no more than.
3
i MR. STRONG: So I think what we would roughly be talking about if we follow
ji the formula in the ordinance approximately a 50 square foot sign, one each
,I
on Buffalo Street and Tioga Street. What we are proposing is roughly 24
i
square feet, and yes, one could do less if it were located near the
intersection of Buffalo and Tioga street.
is
MR, MARTINS Then you specific problems with the sign ordinance in terms of
c
III what you propose, is one, it's limit of one free standing sign, you want
to do two, and in addition, the setback, which would in effect preclude
I'
either.
MR. GASTEIGER: Can you comment on the structure of this sign in tems.of
i
the architecture of the building? As 1 look at this, it looks horrible.
It seems to me that you are demeaning the building far more by doing this 1
!E
i1 than by putting a dignified sign on the two sides of the building. So,
could you comment on the structure and how it is going to match the building? i
MR, STAN SLUM: The structure of the sign, the signs a supporting structure
i which mould exactly match the vertical columns around the building now# both
i
in design, size and color.
i
i MR. GASTSIGER: It would be right an the edge of the corner or the building?
MR. BLUM: Not necessarily. That would be the preferred location. I have
iI a photograph of the building. If you will look at the vertical columns '
I�
on the building, the supporting structure of the sign would exactly match
1� these certical columns the size and widthe And the sign is designed so that
i�
you will notice here, the directional parking sign is exactly centered on
this 18 inch wide intermedian, horizontal intermedian,
�i
I� MR. USPRW3 Are these the actual calors?
MR, BLUM: I'll tell you the colors. Everything that looks blue on here
w1U- be black, the same as the building - dark brown
I
j MR. STRONG: We want to match the frame, with the framing of the building.
a
I�
44 -
!I
sJ
!� MR. KASPRZAK: I an more concerned with that big mess of the dollar sign. f
j MR. STRONG: Of course, what we had talked about originally was to do it
i
conventionally with a lot of white, and the people we worked with in that
i
area, said look, this would tone it down much more, and so we reversed it, I
r
although it wom ldn't stand out as much.
I i
MR. KASPRZ&K: If these are the colors that are coming close, that gives me
a much better ...
i
MR. STRONG: We want the framing to match the steel members on the building,
and just enough brown to show as the sign and not part of the framing.
I.
I� That's what we are aiming at.
MR. GASTEIGER: would it not be more economical to hang the sign from the
building? You would have to hang two signs the way it is planned now.
jl
MR. STRONG: well, again, at the suggestion oY the architecturally trained
!! people who worked with us, they felt that that was a very critical element,
I� and again keeping the sign off the building, but tying it in visually by
i
color and size of the frame. I'm not really that technically expert on the
I�
aspects of visual design that I believe this to be a good sign, as opposed to
a poor sign. I am going on the advice of the people who worked with us.
3
MR. KASPRZ&K: The distance of 8 feet and/incbes from the bottom of the
if parking sign, am I correct?
�( MR. STRONG: Yes. Of course, if we and up with one sign, and move it up
!{ close to the intersection, right in the vicinity hf the intersection, we
i
3 ;
would probably lose the parking.
I MR. KA*FaAKs why?
MR. STRONG: Because if there is no parking at that point, where we had it
p located, was meant to indicate the entrance to the parking area that we have.
'I !
i' MR. KASPRZAKs well, personally, and strictly personally speaking, if somebodyi
3 tells me that there is parking in this directiop, I'm not going to aim at
t
the building, I'm going around to make sure that there is paric ng over there.
It is not going to be as direct as when you are there with the sign on the
;i corner of the building. j
i
MR. STRONG: That was part of our reasoning in locating them where they are
!j
to indicate the entrance was for parking.
MR. KASPFZAK: well, actually maybe you can put your parioing sign at the j
j entrance and just leave your sign without the
I� parking at the corner.
!I
1
I don't mean to design your sign for you, Jim.
ii MR. STRCk1G2 No, that's a possibility. In other words, we might come up with j
I! �
�i a very small, acceptable sign similar in style just to indicate parking and
that could be presentable, and we would have no objection to that.
f
MR. G&SMGERs I think that some of these questions have to do with the
fact that some of us think you have the finest looking modern building. I
i F
recognize the need for the sign, but I see it taking it down hill. j
li MR. STRONG: Well., one of the things we did, previously was to talk about
1�
putting the sign at that corner, and the planning people we worked with
11 went back and said no, we would require especially since you want to show
!j parking that you get it back at the extreme ends of the building as you
look at it. Our board and our architect have very, very strong feelings
and our board still does about placing the sign on the building, we really
f
ij feel, as much as you feel that any sign at all takes away from the building,
ii
we have to face the practical reality that we require a sign to do business,
i and they feel very strongly that of the two options, the building would
j be spoiled less, by having it off the building, than by hanging it on the
i
1 building. You feel otherwise, but I guess now we are down to a matter of
opinion. B
j` MR. KASPR"K: Sorry, I disagree with you. I feel it is better off the
i� building.
it MR. USTSIGER: But three inches isn't off the building.
MR. STRONG: So we would like to resolve it, and hopefully the -doard would
f recognize that of the two solutions, the one that is most unobjectionable
"
jit to most people would be the free standing sign, that generally conforms with
the other signs in the area, and not a large garish sign on top of the
l
I� building. I don't mean it in any other sense other than by putting it up
i
i; so high that we would have to go for the maximum space to get the eye up
there to tell what we are.
!i
IM. BLUM: Mr. Gasteiger, I would just like to make one comment in the
II i
!j designing of the structure, in discussing with the design people, you say
it is only three inches, which it is, if we put this on the building, you've
i
got introducing another shape coming off the building, set up there just
sticking off the building, and the design this type of structure, the t
E design people felt it would carry the vertical lines of that sort squat
e
i
building right down to the ground on both sides of the sign and give us some
li i
a
i'
Ii - 46 -
�! form rather than just something stuck up on top of the building.
i
I MR, GASTEIGER: Could you ocmnent on what you thought was practical for th3
I� corner of the building? If you went in that direction, would you really
I. !
l want to go to the 50 square feet? Is there anything discussed there?
1 MR. STRONG: No, if we went to the corner, I think we'd talk about the
#j same sign. Just what you see here* i4y only question is what would we do
about the parking.
MR. VANMWRTisR: I sympathize with all that they have been through over a
i' period of time. I have seen some pictures of all kinds of things at angles,
corners,heights. Nothing on the corner aligns with anything.
!
MR. STRMG: I think if you saw the idea we had to put sometrdng on top of
the building.
4 MR. VANMARM: I can't even remember where I saw it. Let's talk about
I 1979. Is this going to became a non-conforming sign? I think that for what
! you have been through and what you are going to have invested here, you
i, should have a cessation date, like three years.
I� MR, STRONG: I don't have the answer. f
t
MR. VANM&RTRR: O.K. That's another problem that we will have to deal with.
MR. MARTIN: In all cases that I can recall where the Board granted requested
i
i
f sign variances, frequently based on arguments that there are lots of f!
I� 6
I non-conforming signs around, we have limited the variance to precisely the
time that non-conforming signs are allowed to run.
s
MR. STRONG: Well, I am really not presenting the request on the basis of
other non-conforming signs in the neighborhood, because I an assuming that
the signs that are there generally conform. I believe that. I really am
suggesting that the variance makes common sense, rather than doing what we
would have to do to follow the ordinance. Mhether '79 is the magic date or
not, rather I would hope that permission would extend beyond that , because i
come 179 if we conform, well we might as well conform now. And I think
that's very objectionable. I think that the idea of se i
sing two large signs
ion the top of that building would distress many people. Not ourselves, but f
!
many people in that area. So what I am saying is thatwe are acting for the
variance because it makes sense from a practical point of view as much as
j; from an aesthetic point of view, and not because of what other signs in the
11 area do. Although, I think that most of thew are good signs.
I
� I
i - 47 -
f,
i
�11
i' MR. VANM&Fd%R: Can anybody describe to me what this report is trying to
i�
say?
E
MR. MARTIN: I think it may be referring to setback requirements. I'm
jr I
II not at all clear.
MR. VANMARTER: Setback requirements are described in the sign ordinance
�j and the sizes and the sign ordinances are part of the zoning.
MR. MARTIN: Are there further questions? Are there others here the
evening who would like to be heard on this case? Anyone who would like to
b e_heard in favor, anyone in opposition?
MR. STRONG: For what it is worth, we had on written response which was
favorable from an across the street neighbor. I don't know 4tther you i
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want it for the record or not.
MR. MARTIN: If you have it, you might leave it for the record. Our final
case?
MR. HOARD: Our final case for this evening is
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Appeal. 1.1.33- Appeal of James F. Rourke for
!! area variance under Section 30.25 Col.
6-7-10-11-12-13-11 to construct office
space on second story of existing building
at 208 Be Buffalo Street in a B-1 use
district.
JAMES RWRKE: My name is James Rourke and I am here this evening to appeal
the correct and proper decision of the Building Commissioner denying me
a permit to alter my building at 208 E. Buffalo Street. I am a little
nervous because I hold these proceedings in the highest regard. To me it is
like the town board meetings - what democracy is all about. I can assure you
in many ways that I am less nervous now than I was at the very beginning. I
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1 am glad that I did not have to present my case first in front of the audience
that was here. I have tried to provide you with some information. I don't
apologize for being non-professional. I don't apologize for being non-
notoriety. In early February I bought the building at 208 S. Buffab Street.
It was an existing office building, existing zoned office area. I contacted
Dick Bernardi immediately and we discussed the possible rennovation and
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upgrading of this office building. Some of the other consultants that he
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11got in touch with after I discussed with him the general overall thoughts I
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; had immediately said, "Why, what the hall does Jim want to do that for?"
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ii And Dick said, •Because he wants a new building.n And so we started to
proceed. At the same time, looking at the survey map, I approached the
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Unitarian Church to buy the little leg of land that sticks in behind the ,
property and between Mr. Taylor's property, and what is now my property,
li With the idea in mind that the most perfect and best use for this land
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would be to carry that office building back to Mr. Taylor's land, adding
!j another 13 x 36 square feet on the first floor, as well, as to square the
building out and carry it to the second floor, enhancing the use of tree 1
property as office space, by creating that much more office space where
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nothing else could be used for that area. I was a little bit surprised
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I when I got a return back from the church that that land was being very s
�I properly used as an enclosed garden retreat, so to speak, downtown for
IIi members of the church. About that time also I met with Henry McGuire, i
McGuire and Bennett, to discuss with him doing the contracting work that
would be necessary. And a discussion proceeded to the extent that I wasn't
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sure what I was going to do with the building as a whole. I was simply j
sure that I was going to tear out some partitions and rennovate the first
}� floor area for my own use. And it was decided amongst the three of us that
we do now have two stages. One stage - rennovation - simply internal; the
other rennovation of the whole building. bet's make it a new building.
And the second stage, even though I had received a refusal on the part of.
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the church to buy the additional land, the second stage still was not set.
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II The second stage, I said I think I'll wait. We will get rolling on this
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ij first stage. At the same time I was seeking, without adjectives, an area to
temporarily locate my own business, due to the fact that the building that
�j I was in was sold, and the gentleman who bought it wanted to develop it for
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I his own use immediately, which is absolutely fair. So with all these things
swirling and so forth, I did put pressure on Mr. Bernardi and Mr. McGuire
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I( to let's get going at least with the rennovations and the building permit
was issued for this downstairs space. As time went on I decided, after i
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S further inquiries, that the church had absolutely no interest and no desire i
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!� in the use of the land immediately behind my land was good use and that I
{' should therefore drop forever and a day trying to acquire it and trying to
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if create more office space. So Vic said, *Where do we goys I said, 'Go, via,
we're going to make that building as it stands now a brand new building." P
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!I And we rennovated the inside, and running down quickly, first step was the j
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first story addition in the rear, as presently, I didn't feel up to snuff
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iI with construction, with the rest of the building. It had a wood roof, wood
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Jewish roof, fine. But it also had a big steel beam running down the middle
l of it that would preclude my using that space as I felt I wanted to to
R provide the services, Everything's rolling along, let's roll. Tore the
roof out, laid the steel in, started on up. No problem. Then Vic called me
up and said there is a problem. That's what I hired him for, to preclude
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!! problems after the facts of the problem. The second story addition on the
rear of the building was completed. And that bothered me very much, the
fact that it was completed without the proper building permit. That permit
apparently not being needed prior to the most recent enactment of the Code, and;
{ apparently not known to Vic, a professional in the business, or Henry, and j
not known to me, and very upsetting and embarrassing when I found that was
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the situation I was in. The second page of the handout that I have given you,
and I know we are getting late, I would like it to be part of the record,
and I don't think I need to repeat too much of it. I do want to make that 3
a brand new building. I do want to replace. First.. I want to make it a
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unified, total structure. I want it to be a single structural mass, a
single structure stories high, as 90% of it is now, and nbt a two
story building, with a single story addition, as it is now, and looking like
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!' a single story addition. I want it to be a contemporary two story office
building. I want to replace all the glazing in it from a combination of
residential and industrial to very modern, very proper bronze
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commercial windows, not single glazed, but double glazed. I want to
insulate the building, with an inch and a half of urethane. I want to add
additional insulation on the roof. The insulation is such now that on the
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interior of the building the girls are cold upstairs, and the windows are
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t` open on the exterior of the building upstairs. ,And I ask, what the hell,
j oh, it is hot in there, but the girls in the interior space are cold. And
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E so it implies that an awful lot of heat is going right through the roof. I
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want to get ridtof those wall air conditioners, and put a central air
conditioning in upstairs to enhance that office space. I want to then sheath
the whole building, that which is not now face brick, in striated concrete
4` panels, tinted in with color that will go nicely with the brick, as well as
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11 very well with the bronze, deep bronze. I want it to be a
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+i brand new building. I want it to look like a brand new office structure
in dead center heart of the office district. I want to rent that space to
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!I — 50 —
i! the very highest discerning clientele, someone wno would lease it for the
very highest price that any office building could command, because of its
location. Metropolitan might have considered staying there if thele had been I
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enough square footage. Metropolitan is a nice tenant downtown and they are
it a tenant downtown still. I will rent it only to someone of that stature,
another large corporatim that will recognize the fact that they will have
open planning. The whole space will be completely open, the walls will
'E be redone, the ceiling. It will be redone just like I have redone downstairs. f
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ii Ifeel in every regard that the purpose of the zoning ordinance is to promote
the health, saffty, welfare, value of the land, appearance of the building,
'! enhancing the area in its use, its business use, is absolutely enhanced by
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my desire to upgrade this building into a number one building. The zoning
il ordinance itself is very, very valid. I am not unfamiliar with ordinances,
is and zoning, and planning in architecture, and so forth. I think it might
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j be redundant to suggest that to impose a zoning ordinance on existing
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i structures is the way it has to be, but sometimes not viable. The lot is
too small. It was there. The building was there. It is still, there is
jI no sideyard, there is no front yard. There is as far as square footage is
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concerned, essentially right now, no rear yard. There is absolutely nothing
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else this land could be used for, except for what it is being used for
it right now. - enhancing the business district. To suggest that there
shouldn't be a second story for an ex3aating first floor office space is to i
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k suggest that we shouldn't have a first story, is to suggest that we should
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f1 have a weed patch out there, because there is absolutely nothing else you j
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il can use that land for. One slight alteration I an making is to incorporate
j� an overhead door and offstreet parking zone in the rear, which is not there
rnow. That is because the Code says that it has to be that way, or that I
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jshould because I am awfully tired of unloading paper off the street, and I
11want to be pull out of a little loading zone and a little _ truck and
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pick that palbtte right off the truck. I am tired of going out in the
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! wintertime and off loading cartons of paper one by one while the track is
double parked on Aurora Street, as 1 used to be, or on Buffalo Street right
i� now. I don't want to take any more of your time. Everythhg is there. I !
illdo want you to ask me anything you feel I haven't covered in what's t
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written down or anything else that you might think of. I haven't certainly
covered everything, as I say, I am a little nervous. !
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MR. GASTEIGER: Do parcel B and C belong to you?
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MR, ROURKEs Yes, sir, that will provide me with the area for the unloading,
'j the garage doors will be in that rear.,,
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MR. GASTEIGER: Is there parking there?
MR. ROURKE: There is an area where three or four could jam in there - there's E
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4 the telephone company and they would have to jiggle their cars to individually
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i, get out. I would say that here is an access area, there is a place for two
cars there, which is why the Metropolitan didn't want to stay there because j
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they didn't have their own parking. i
MR. MARTIN: You are here after the fact because of some misunderstanding
s! about what the ordinance required?
11 1�1R. ROURKE: That's right, Had I, as I really wanted to, buy that land to the
rear. There was no question that even though my offer to buy the land wasn't
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i! conditional upon approval by the Board, I knew absolutely that I would have
yy to come here and request a variance to proceed all the way to Taylor's land.
I feel that would've been for me, and Ar the use of the area, a perfect
solution. It would have been perfect. I know that I would have to, I knew }
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i' about that. Id didn't occur to me that things just take care of it. I was
thinking about moving, relocating, you know, keeping the buisness going, all
the other things were being taken aarerof. It didn't occur to me that things
weren't taken care of properly accordingly to the Code. And whether Vic
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had gone through it before this change, I think, in the past couple or three
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years. I don't know. I could be ...
MR, MARTIN: Are there questions from the members of the Board?
MR. VANMARTER: what it looks like to me is on the area in square feet
no change, Lot size can't be changed, Width of street line can't be changed,
Maximum percentage of coverage is not being changed. Front yard is not
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being changed, Side yard is not being changed, second side yard is not
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being changed. The percentage of depth is not being changed. Right?
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Everything on the second floor is over an existing - the first floor was
there, right?
MR. MARTIN: Yeah, the rear. 1
M14 VAIWRTER. O.K.
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MR, GASTEIGER: I wish someone could clarify for me whether there was a change
in regulations. Edison, the original building permit was issued for the first 1
floor only.
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MR. ROURFSE: The building permit was issued only for the rennovatian of the
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;; rennovation of the first floor. And at that time I didn't know what I was
'i going to do with the whole building. whether Phase II would be next year
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or the next year, aad the understanding that I understand was that Edison said,
"Vic, go ahead on that rennovatim. Come back when you decide what you are
going to do for the second floor, if you are going to do the second floor,
for what you're going to do, you've got to cane back for a building permit." j
�j Vic understood that. why Vic didn't go back before the fact. I believe that'sl
the way it has to be and if you read the regulations that's the way it has to
E be.
!� MR. QASTEIQERs But there was no particular change in regulatims was there?
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MR. MARTIN: The question is whether the ordinance has changed in recent
�( years so as to explain why someone wouldn't know about it.
MR. GASTEIGER: when you take a roof off, it seems a little bit more than
rennovation. Would this be covered under the first permit?
MR. ROURKE: No, it wasn't covered under the first permit.
MR. MARTIN: Of course, if I can mix cases together, the view that was taken
{
in the prior case which is a non-conforming structure, which simply gets
permanentized or encloses some of the space by which it is non-conforming,
doesn't require a variance. That view applied to this case would say that
a variance was not required here either.
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MR. ROURKE: I don't want to be connected with the prior case whatsoever.
MR. MARTIN: Excuse me, I was talking about Lum's, not the signs.
MR. VANMARTER: I don't find one iota of similarity. I am looking at one
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building that's got a slab porch, I am looking at a second building
MR. MARTIN: -% first floor, and they are putting a second floor. All right,
I if you buy the first belief ..
If MR. VANMARTER: Buy the first what?
4
MR. MARTIN: The argument that a variance is not required in the slab case, i
,I it would be clear, you would even more have to buy the argument that ..
11 I am trying to understand the view that one is not required and we heard
such a view already tonight in an earlier case. Are there further questions
about this case? I might mention that there is somewhat confusing language
in the report we have from the Planning Board about a use variance. I take it
you are not asking for a use variance. There is certainly not one sketched
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in your appeal, or I assume the neighbors notified about one, and so I take
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Iwhat's before us, is your request for an area variance.
MR. ROEJ=s That's correct. I find very little in this that even applies
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in any way shape or faction to the appeal ... I
MR. MARTIN. a.K. Thank you. Seeing no one to add their voices to this
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case on either side, I conclude that our public hearing is now over, and
we will go into executive session.
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- 54 - 9
3
EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, NEW YORK,
OCTOBER 4, 1976
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11 APPEAL 1131
MR. MARTIN: I will move that the requested area variance in case 1131
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be granted.
MR. USPI : Second.
II FINDINGS OF FACT:
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The existing structure and lot create the problem. The structure is a small
one for a single family residence and it already fails to meet a number of
the area requirements of the ordinance.
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The proposed addition does not significantly change the situation and it
!� does achieve an additional living area which will make a more reasonable
residence.
VOTE: Yes - unanimous
;i Application has been granted
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APPEAL 1133
MR. MARTIN: I would propose to next take up case UU12 the one we just
heard. Request for an area variance to permit the erection of a second
story addition on top of a first story. Is there any controversy about
;
I� that? Is there anyone who is against that requested variance? i
MR. VANMARTER: I move that the application be granted. i
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MR. KASPRYAK: Second.
MR. MARTIN: It has been moved and seconded that the requested area variance
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1133 be granted.
MR. VANAMRTER: There is no element of the application for increasing the
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` requirement for the street line, front yard, rear yard, side yard, percentage
of lot covered. The use of the additional space is ancilary to a permitted
use as it exists. The form and structure of the building is more regular i
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!� than as it exists ahead of this rennovation. The addition as constructed
is not inharmonius with adjacent property.
VOTE: Yes - 5 - No - 0 i
Application has been granted.
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,APPEAL 3232
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MR. MARTIN: It has been moved and seconded that we adopt the following
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interpretation in relation to case 1132: j
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An addition or extension of a non-conforming structure which
A
significantly changes its character or dimensions cannot be undertaken
I without an area variance. The Sections of the ordinance supporting that
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view are 30.119, 30.3-11-79, 30.57(a) and (b), 30.58,,
II The motion is in favor of the interpretation. A yes vote is for the
interpretation, which in effect denies their request.- 12
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VOTE: Yes - 5 - No - 0.
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+� The application was not granted,
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R
APPEAL 112$
4
MR, MARTIN: Judith Maxwell is abstaining from her vote in case 113th ,
because of her role as member of the Board of Family and Children's
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Service.
I will move that the requested interpretation and use variance in case 112$
1 be denied.
j I FINMNGS OF FACT:
II
1. The testimony presented about the proposed use of the house at 406 i
North Caygua did not clearly establish that it would be predominantly
put to a medical use. Clearly some of the services of Family and Children's
Service qualify as medical, but the evidence presented at the hearing does i
JI not clearly establish that those services constitute such a large portion I
�! of services carried out at 106 N. Cayuga for it to be used as anmedical
1
i facility.n
2. The testimony presented by the representatives of Family and Childrenes
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Service and the Tompkins County Foundation failed to establish that the
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Property cannot resaonably for a penuitted R-3 zone use, thus justifying i
a variance. I
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?p VOTE: Yes - 4 - No - 0; Abstension - 1.
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I� The application was not granted.
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AWUL 9-1-76 "
4
MR. MATIN: It has been moved and seconded that the requested variance for
two signs in case 9-1-76 be rejected.
FINDINGS OF FACT:
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1. 31vidence was not provided that adequate signing under the sign ordinance
would not meet the needs*
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VOTE: Yes - 4; No - 1.
The application was not granted.
II.
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- 57 -
C E R T I F I C A T I O N
I, MARY C. O'CONNOR, DO CERTIFY that I took the minutes of the
meeting of the BOARD OF ZONING APPEALS., CITY OF ITID", in the matters of
Appeals U?.Ot 1131, 1132, 3233, and 9-1-76, on October 4, 1976, at City
Hall, City of Ithaca, New York; that I have transcribed same, and the
foregoing is a true copy of the transcript of the minutes of the meeting
and the Executive Session of the Board of Zoning Appeals, k%ity of Ithaca,
on the above date, and the whole thereof to the best of my ability.
Diary C. U,Gonnor
Recording jecretary
SWORN to before me this
of October, 1976.
.Notary Public
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CERTIFICATION
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I, MARY C. O'CONNOR, DO CERTIFY that I took the minutes of the
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meeting of the BOARD OF ZONING AFFEA.W, CITY OF ITHaGA, in the matters of I
Appeals llzd 11 1132 1133 and 9-1-76 on October 4 1976 at Cit
SPP s .�> > > s � s Y
Hall, City of Ithaca, New York; that I have transcribed same, and the
foregoing is a true copy of the transcript of the minutes of the meeting
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i; and the Executive Session of the Board of Zoning Appeals, k%ity of Ithaca.,
p on the above date, and the whole thereof to the best of my ability.
43
li Mary C. 'Connor
Recording Secretary
j Sw0RN to before me this
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ak-� of October, 1976. ,
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Notary ftbyc
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