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Home My WebLink AboutMN-BZA-1977-05-01 s TABLE OF CONTENTS i i MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS, ITHACA, . NEW YORK - May 2, 1977 Page , Appeal No. 5-1--77 Gulf Oil Company — sign 1 302 W. Seneca Street , Appeal No. 5-1-77 Executive Session 6 ., Appeal No. 1154 H. A. Freeman 7 209 Kline Road °; Appeal No. 1154 Executive Session 13 kAppeal No. 1155 John D. McLean (withdrawn) 14 ;! Appeal No. 1156 Robert & Linda Terry 14 i; 107 North Street Appeal No. 1156 Executive Session 27 i << i ( Appeal No. 1157 Richard C. Parks 28 206 Third Street 11iAppeal No. 1157 Executive Session 35 i O� Certification of Recording Secretary 37 `5 !j ii �4 tf�` i i� 3 �1 1? j i� t� '.i I� .i i 4 ; t k �i 3p 1 K f; f 11 i, BOARD OF ZONING APPEALS, CITY OF ITHACA CITY HALL, ITHACA, NEW YORK 14850 MAY 2 , 1977 ii A regular meeting of the Board of Zoning Appeals , City of 11Ithaca, was held in Common Council Chambers , City Hall , Ithaca, New York, on May 2 , 1977 . 11PRESENT : Peter Martin, Chairman C. Murray VanMarter Gregory Kasprzak Judith Maxwell Martin Greenberg Edgar Gasteiger Thomas Hoard, Bldg. Commissioner & Secretary Barbara Ruane, Recording Secretary Chairman Martin opened the meeting listing members of the Board present . The Board operates under the provisions of the Ithaca City Charter and the Ithaca Zoning Ordinance. our proceedings are quite straight forward. Let me outline them for those of you who jhave not been before the Board recently. We hear the cases in Forder, in the same order that the appeals have been initially filed. We first hear the appellant, we hear any others present who wish to speak in favor of the requested action and then we hear any who are opposed on a particular case. We ask that all those who are presenting testimony before the Board to come to the front of the troom, identify themself by name and address and then limit their 11remarks to the issues that are before the Board. Our proceedings are not governed by strict rules of evidence but we do ask that extraneous matter not be brought before the Board. After having i 1heard both those for an against a particular appeal , we hear the mother appeals and then we go into executive session to deliberate :before reconvening in public session to announce the result. illSecretary Hoard announced the first case to be heard: Ii ;APPEAL NO. 5-1-77 : The Appeal of Gulf Oil Co. , U. S. , John Pine for an exception to Sec 6-B-1 of the Sign Ordinance of the City of Ithaca at 302 W. Seneca Street in an Ri�3 use district. �r. Pine is here to present the case. �R- JOHN PINE: My name is John Pine, I represent the Gulf Oil Corp ! I - 2 of New York and Vermont states . As the Board members may recall I I requested a sign variance at our new station that we are just modernizing in Ithaca, last month. The Board chose to deny me on I that because I was asking assuming that it was too large a sign, so we redesigned it and have come up now with just our standard ff 6' disc. It ' s a national or international sign and it 's what we think is a very acceptable sign. T think you all have photographs ; ,i � �E I I of the orange disc. CHAIRMAN MARTIN: Will you compare this quantitatively with the j i proposal that you were turned down on before? f iiMR. PINE: It's the-first proposal was two signs ; it was a-price I I sign which was 20 square foot and this orange disc which was 28. 3 I Ii square foot for a total of 48. 3 square feet. Now we subtracted th 20 square foot price sign and now only have the 28. 3 Gulf logo. i1 I ' CHAIRMAN MARTIN: And the ordinance permits? j �IMR. PINE: Only 5 square foot. { �; H CHAIRMAN MARTIN: 5 square feet. �IMR. PINE: Might I bring out that in the denial , you people properly I1pointed out to me that there are two existing service stations ! ! which also had to operate under these regulations and they do have , i their standard discs . However, what size they are I don' t know. CHAIRMAN MARTIN: Okay, the existing . . . you are talking about the i I' Amoco station and the Mobil one. One of these, like you, is zoned ! , R-3 and the other one is zoned in a B- 2 zone , am I right? FI I MR. PINE: I 'm sorry, I 'm not - I know they are adjacent property f E d owners in the same area and whether it is zoned the same or not I , 1 don' t. IICHAIRMAN MARTIN: Well , one is on your side of Seneca and the other one is on the opposite side of Seneca, right? 11MR. PINE : Yes, okay - yes. I I 11CHAIRMAN MARTIN: And the extent through which they fail to conform] II ;with the current ordinance, they are going to have to come into 1compliance . . I i w! I if I� E 3 - MR. PINE : I didn' t bring that up to say that they are in viol -- - that they are violating the regulation. I I ii CHAIRMAN MARTIN: No, I realize you were not. They presumably are lawful non-conforming signs at the moment but all lawful non-conform- ing on-confo m- ing signs have to be brought into conformity on or before August 31 , 1979. And so I take it you would have no objection if - if a variance should be granted it it should be limited to the same I � time period? I MR. PINE : No sir, I wouldn't, Actually what we are trying to do now is , as I said, modernize the entire property. In that package we would also like to modernize .the signage. We are aware of your Ii f new regulations and would accept anything that the Board would say jin 1979 as well — with everybody else. But in the interim we would �i like to have a fair signage to get us through the next year or so. 'I CHAIRMAN MARTIN: Okay, and remind us how large the sign - how muck sign have you got there now? MR. PINE : I have approximately 50 some square footage. I have . . � CHAIRMAN MARTIN: That presumably enjoys the same status that I 've been mentioning that is to say, at the moment it' s lawful non- i conforming and would have to be brought into conformance by ' 79. E i MR. PINE : That' s right. I could leave the signage as it is until ` I i ' 79. We would like to, as I said, clean it up, have it in the newt planning area that its going to be and it would be back, of course,1 the 10' from the property line like your new 179 regulation calls 1 i I for. CHAIRMAN MARTIN: Further questions? SMR. GASTEIGER: Yes , a fair number of companies are going to Chang , to the new ordinance or the new requirement. Now, I think as an economy measure, I was just wondering if you wouldn't be far better) off making that change right now viewing the cost of putting up )' signs, building them, etc. . . i ,CHAIRMAN MARTIN: It's only two years. 1�MR. GASTEIGER: Have you seriously considered this? Some of these i !temporary variances that have been given were given a year ago or ' ! I1 - 4 - two years ago and I think we are less inclined to give them as I j the deadline approaches. MR. PINE : Okay. Our orange disc - what I am asking for is a i standard stock item. I can get them very easily and at a minimum cost. In order for me to meet your regulations to the "T" , in other words have 5 square foot of signs , I would have to have a special sign made up and I am sure it would cost me much more than i it is for me to ask for this permit now. When 179 approaches and i at that time we have to do that, then we could - maybe by that time we would have a smaller standard disc because this isia popular I thing not only in Ithaca but in the entire state. i I DR. GREENBERG: Ed mentioned last time the fact that the price being evident to the driver of the vehicles, it would avoid a hazard of looking at the pumps for signs . Where do you expect to l� put up the price sign or don' t you know? ii MR. PINE: Well, since the Board denied me the application to put it on the pole it would have to be a pump topper sign that goes to Ij the top of the pump which, in some cities is already a regulation to advertise the product or the price of that particular hose. In the absence of that, if the zoning officer would restrict me on that, there would be no price sign. CHAIRMAN MARTIN: The situation as I understand it is if you were across the street in a B-2 zonen ou could have 50 ' of sign, i y g MR. PINE: Yes . CHAIRMAN MARTIN: But the problem is that you area non-conforming use in an R-3 zone. 1 e MR. PINE : That ' s right. CHAIRMAN MARTIN: Is there, perhaps I missed it, is there any none conformity in the location of the sign you propose? MR. PINE : None at all . CHAIRMAN MARTIN: Okay. So it ' s simply a matter of size. I MR. PINE : Right. CHAIRMAN MARTIN: Are there further questions? (none) Z guess i J, not, Are there any others here this evening who would like to be heard on this case? F%rst, any who would like to speak in fa vor I �I of the requested variance from the sign ordinance? (none) Any ii who would like to speak in opposition? (none) Alright, then we will move on to the next case. i 6 BOARD OF ZONING APPEALS ii CITY OF ITHACA , MAY 2, 1977 EXECUTIVE SESSION f, APPEAL NO. 5-1-77 CHAIRMAN MARTIN: I move that the requested variance from i the sign ordinance be granted on conditio� , i that the variance shall end on 8/31/79. f MR. VAN MARTER: . I second that motion. FINDINGS OF FACT: 1. The gas station exists as a non- conforming use in a residential district E which creates the problem under the sign ordinance since signs in an R-3 zone , under the sign ordinance are limited to i� 9 square feet. n2. While the proposed sign exceeds resi- dential limit it is substantially smaller than that which would be permitted in a business zone and it is also substantial) i smaller than the existing signage. i 3. This variance is granted with the understanding and on the condition that 4,I the existing signs are being removed, OTE : YES 6 Unanimous. II i i f i ii �i I i j� I i� j - 7 i� I BOARD OF ZONING APPEALS, CITY OF ITHACA CITY HALL, ITHACA, NEW YORK :i MAY 25- 1977 I. !Secretary Hoard announced the next case to be heard: I PPEAL NO. 1154 : The Appeal of H. A. Freeman for exception to the Ordinance 76-11 (Moratorium) to j obtain a building permit to construct two ii (2) family dwelling at 209 Kline Road in 'i an R-2 use district. i �rofessor Freeman is here to present the case. j ROF. FREEMAN: This is an application for a building permit which, ) s I understand it , conforms in every way to R-2 , both now and as C 1 contemplated in future arrangements . The only problem is that ther s this Moratorium in ordinance number 76-11 and my contractors simply ay that starting in June after the 76- 11 expires they can in no ay finish the house for the fall, We are building this house to ell - we have 32 acres in the city right there. I am now retired End I am finding it too much to maintain both financially and other � I wise. We would like to start immediately. I guess that' s it. i II I HAIRMAN MARTIN: There is some discussion here in the report we ave from the Planning & Development Board about subdivision approval . �hatls not a matter before this Board but could you. . . �ROFESSOR FREEMAN: If it ' s necessary it hinges on this. There i 1 4 map filed of five lots , all of which I own and the surrounding �err' itory, in 1904 by the Cornell Heights Land Co. and my deeds were k ii n terms of those lots. We proposing to use one and merely com lete one of those for this particular area. If they decide and fter we talk it over, that it is necessary, we 'll cut that one off y its boundaries. Right at the moment we have marked the back 1i e s "to be surveyed". Gordon Rice who is drawing the plans for me Ind will do the surveying is expected up from Florida about May 5th nd from there on we ' ll pick it up. HAIRMAN MARTIN: Are there any questions? 1 R. VAN MARTER: The Planning Board reference to subdivision is not roper then? ROF. FREEMAN: Well , T maintain it isn' t but T think their attitudel ±i ( I� I! Ij 1; - 8 I i is that they have carried it as 31-, acres in one piece all assessed "to me and they have not gone back and looked at any original map. !I don' t know what their final determination in that regard will be. 1 !IkR. VAN MARTER: All five lots have frontage on the road? ;PROF. FREEMAN: Yes well, no - four on the road and one in the I ravine. ; ;SIR. VAN MARTER: So there' s one lot that does not have road frontage? ;PROF. FREEMAN: That' s right. 'SIR. VAN MARTER: Are all the other lots conforming as regards lot I ,size? `r1ROF. FREEMAN: Oh yes, they are many times more than required lots.j 'it' s all wooded area. I I�R. VAN MARTER: All I 'm interested in is the division and you're ;haying to us that they exist as individual lots at the present time` �ROF. FREEMAN: That 's right, ;i 44R. VAN MARTER: Are they assigned a road number? ,PROF. FREEMAN: No. I 've had my house where it is for roughly Twenty-five (25) years now, It was all vacant land before that. �he number that is assigned is on Needham Place which forms a right ! jingle to Kline Road, ,I �HAIRMAN MARTIN: Well, in any event that is an issue for the Plannil,ng 1 �oard and not for us, as I take it, The only question - I mean the I my zoning problem here is not really a zoning problem but a moxa �orium problem, and so you are seeking a variance from the terms of j the moratorium, 4 �ROF. FREEMAN: Yes, I 'd like to start immediately. I have my con- ractors ready -- they have a bull dozer ready for wednesday if it j should , . . and if not . . . I 1 R. KASPRZAK: Did I misunderstand you - you said that your plans re not ready until somebody comes from Florida and you are ready to , . i ROF, FREEMAN: The plans - or he has sent me a set of plans but i! there have got to be a few corrections on them. The surveying of he back lot line here (.pointing) is not finished until he comes andj oes the survey. i i l i I II - 9 !! CHAIRMAN MARTIN: Alright - are there any further questions for jMr. Freeman from the Board? (none) Okay, I guess that complet 's ,iit. Are there any others here this evening who would like to be j �E Ilheard on this case? First any others who would like to be heard it ;, favor of the requested variance? (none) Alright, are there ;( any who would like to speak in opposition? Are there others who �( I ,; would like to speak without being catagorized one way or the other lWould you like to come forward? Please come to the front and identify yourself, i ti MR. JUSTIN DAVIDSON: My name is Justin Davidson. I live at 208 liKline Road immediately opposite the property where Mr. Freeman is 11 i proposing to build. 11CHAIRMAN MARTIN: Alright, now the issue before the Board is at H least as it has been presented is simply of a request for exceptio r !; from the moratorium on residential construction in the city. A I i' moratorium that was designed primarily to prevent conversions to ' higher intensity occupancy of existing buildings . The moratorium ` is scheduled to end this May, as I understand it. There is no re- ( quest for a variance from the zoning ordinances here, Now that is 1 the issue. What I I 11MR. DAVIDSON: Well , I would like to ask . . . I 've got several ques-! �ff i inions which may not bear directly, but I hope you will bear with mei �, 1 Land at least permit me to ask some questions to find out at least it 1where I get the answers or who is going to answer them and what is Aue course, if you will. I missed the first part of Mr. Freeman' s 11talk but what evidence has he submitted that it would be a hardship !!for him to delay beyond this period of time? ;CHAIRMAN MARTfiN: The testimony which you missed and the application i !iindicates that it would be impossible to complete construction by iR i�the end of this summer if he had to delay until the moratorium was I. 11scheduled to end or might in fact end later than scheduled, .1 ! j1MR. DAVIDSON; May I ask how this differs with how it applies to �' i lother people who are affected by the moratorium? Is there somethin I 11, I; ! II 4 ii I - 10 - 1 l s it l� special about his case that is different? I assume everyone is 66affected by a moratorium more or less equally and I want to know - +II would like to know what evidence that he submitted that its an undue hardship in his particular case. �ICHAIRMAN MARTIN: Okay, now you've asked a question. Do you have 1 Ifurther information that you would like to present? ! MR. DAVIDSON: I have some further questions if I may. : ('I � k,T ,` i ! CHAIRMAN MARTIN: Okay, why don' t you tell us your questions and then I think the appropriate procedure would be to invite Professor Freeman' s response. MR. DAVIDSON: Well , I 'm concerned about the question about, you know, why the particular hardship for starting construction at this time above and beyond anyone else who is affected by the mora-1 torium. Two since I 've not seen any plans for the construction EI am concerned that if construction starts, without a plan, there lmay be serious damage to the environment. The area that he is talking about on which he lives and on which I live, the same I �, general area is one of the last wooded environments within the i 1-city of Ithaca. Situated between two major ravines , it ' s on a j I ; steep slope, it' s very sensitive to environmental damage, although 1 don' t know directly from talking with Mr. Freeman - I understand i� that he intends to satisfy the building requirement by or not thej building requirements, but the parking requirements by building jlimmediately adjacent off-street parking, immediately opposite my I ildriveway on an "S" curve which is very hazardous and I am concerned 11that if he is given permission to begin the construction that there, °will beano way of remedying any damage that he may do, particularly Il I if he carves out a piece of the hillside to provide for this off 11street parking. So I would like to ask Harrop if he would care to it 1respond about ghat particular hardships are involved for him in jdelaying construction and two, how can he ask and be granted permis I sion to begin construction if he doesn't have a plan about how he �i his going to construct these - the particular building that he pro- 61poses how he is going to take care of potential damage to the jienvironment and what sort of construction is going to begin before IiA J I Y li ' 11 I E further clearance by this or other appropriate city agencies . So I would be glad to waive the chair to Harrop if he would like to ; ; answer these questions . CHAIRMAN MARTIN: Do you have a question? ' MR. VAN MARTER: Understanding of the Board is that a permit canno be issued until the plins are approved by the Building Commissione - j they are going to be signed by a local engineer or by a New York f j State licensed engineer or architect . The considerations to the i 1 environment do not normally come before this board. Further, he is going to have to show that he has an approved lot in a subdivi- i sion. And the last question that you asked is not normally a consideration of this board. Whether it properly should be or not ! jI don' t think we should get into. I appreciate your concern, r 1MR. DAVIDSON: Okay, then I would still like to hear Mr. Freeman' s i. h answer as to what sort of hardship it' s going to impose for him to !p delay in proceeding at this time, when I understand the moratorium; ji is supposedly passed by this board or some other board. ±� CHAIRMAN MARTIN: No, City Council. � i MR. DAVIDSON: City Council and presumably affects a large numbef i of people in the community equally and what the particular hard- !, ship is that' s involved in his case, Other than normal commercial �I hardship which I assume everyone else who builds a house can plea. ; CHAIRMAN MARTIN: Now I invite Mr. Freeman' s response although I i 1should like to know if there are any others who would like to speak` Erin this case, It seems to me orderly to have all the other testi- ;, s lmony before inviting him back to the stand. Did I . . . . alright, so !, that your questions, have in effect, been answered? i ;; PROFESSOR FREEMAN: I apologize, in a way, to the Board for coming hat this late date and not having presented it earlier. Some of y04 know that I was marking time all spring because the Carter Adminis I j; tration had me under consideration as Ambassador to India and unti� 1 c 4I heard about three (3) weeks to a month ago, I could not do any ;! thing else. As it is, it is totally necessary for me either to it build this and get it over with by before November 1st or not at ! i �i �i i 4 I 12 - all. Some of you know that Mrs . Freeman has very serious open heart surgery problem that we leave here roughly the first of , i November every year for two months in the winter and if I can' t get this finished then, we just have to not build it period. i{ It' s as simple as that -. no more, no less . It ' s no - there have , been many other - there have been some other exceptions to the it ! moratorium in situations , I think, much less a problem of a person � I 'd be glad to answer Mr. Davidson's problem, We are not applying s to put parking on the street. We have a small road that cuts in from the main street below and there we intend to put a garage. 1IThe reference to his wife when she came over and looked the other j day - to our cleaning up brush, etc. that was back from the road I was thatpeople then who might come to visit anyone, would have a I � place to get off the road rather than parking on the road as they now do on occasion when the Davidsons or anyone else has a party in C i that area. I have maintained 3, acres of woods for a long time. 4 I simply am saying it is a hardship that I am not going to continu i any longer at my age and situation CHAIRMAN MARTIN: Is there any further testimony on this case? I ilThen we will move on to the next. f it I I i i' i l i ;i (4 I� t{I f! r iIE 1� i! ri f i+ Id ii f 13 - j BOARD OF ZONING APPEALS CITY OF ITHACA Ej MAY 2, 1977 ii EXECUTIVE SESSION j j' 11APPEAL NO. 1154 'IDR. GREENBERG : Motion is made that we grant the requested !" exemption from the terms of the moratorium. MR. KASPRZAK: I second the motion f VOTE : YES 5 NO 1 Exemption granted. �CC li i, I P I�! , ! i I �! I 1 ! �3 I� s If I!I I' it 1 14 - I it 1 i c BOARD OF ZONING APPEALS, CITY OF ITHACA 4' CITY HALL, ITHACA, NEW YORK MAY 2 , 1977 `i i ;; Secretary Hoard announced the next case to be heard: i ! APPEAL NO. 1155 : The appeal of John D. MacLean for an exception to the Ordinance 76-11 (Mora- torium) to obtain a building permit to !! construct two (2) family dwelling at I• 119-121 Giles Street in an R- 2 use district. :! Chairman Martin: Is there anyone here representing this appeal? I (No one appeared) We will call it again at the conclusion of iI I iour hearing to see if someone later arrives. i I ii Secretary Hoard announced the next case to be heard: I �iAPPEAL NO. 1156 : The appeal of Robert & Linda Terry for ani area variance to Sec. 30. 25, Col . 6-7-10- 2 j at 107 Worth Street in an R-1 use distric �► to construct an addition to the second Ei floor and raise the roof on the existing structure walls, I I Ii CHAIRMAN MARTIN: Is someone here representing the Terrys? Please I, t ' come forward. Would you please outline for us what you have �ialready outlined in print, that is to say, what you are asking and 1 i why iIROBERT TERRY: fit turns out we live in an R_,1 zone and what this .i means is - the fact that 10,000 square feet with.t.an 85 ' frontage i and 10' clearance on the sides of the lot are required to even I1build a house on such a lot. It turns out, I guess, because of 1y I 1all the years of happened since the buildings were constructed in lour neighborhood and where we are today with the more recent R-1 zoning - somewhere in the order of 970 of the houses don' t conform ; Pito this to start with but anyway the fact is , we would like to i raise the roof on the rear of our house and construct some addi- i 1; tional bedrooms due to our additional growth in our family. Our jfeeling is that it would be maintaining the character of the neigh-[ i E' borhood and no significant change would be evident from any direction. ' The majority of the houses in the neighborhood, in fact I believe 1 i fleveryone within eye sight is a minimum of two stories with a large i attic so they all approach three stories high. They are all roughly ! I �I i3 !j twenty-four twenty-five feet high and our house is a ranch style i` I built in 1918 - somewhere in that area. It was built prior to 192 . CHAIRMAN MARTIN: How does your lot size compare to those around you? You've compared the size of your building to them? I I MR. TERRY:The lot size is very average. CHAIRMAN MARTIN: It ' s average? i EMR. TERRY: That ' s right. Our lot size has a 55 ' frontage with a 120 ' depth and the exception to that is highly unusual, There are some smaller and some larger, That was the average size apparently, we have a 1911 map which I failed to bring with me tonight, which, apparently, was one of the earl d6si nations. There are ver fewi i Y g Y houses shown on the 1911 map and the lots were pretty well decided i; at that time. There has been a couple of cases where two lots wer Icombined into one but in the most part the 1911 original boundaries j) still are in existence. CHAIRMAN MARTIN: Are there questions from members of the Board? C IIMR. GASTEIGER: Well, would you care to comment on the Board of i Planning & Development' s view of this? MR. TERRY: Well, I believe they are standing on the strict inter- i, pretation of the R-1 area. i MR. GASTEIGER: Well, you would not increase parking problems - this is a straight family change? I; MR. TERRY: That' s correct. 11MR. GASTEIGER: How many bedrooms do. you have now? !� MR. TERRY: We have three full bedrooms now, i� MR. GASTEIGER.::':' And you would have what with this addition? I IMR. TERRY: That would increase us to, according to how the thing 1 } worked out, it would be five or six. MR, GASTEIGER: Is your family really that large? I mean, this is some measure of . . . JjMR. TERRY: Yes, as of - the good Lord willing, as of sometime f ( during the month of May we expect to have our 4th child. �ICHAIRMAN MARTIN: Are there further questions? j i E� !4 i ji �j - 16 - i1DR. GREENBERG: You spoke of the addition to the back of the hous . = What do you mean precisely by that? jMR. TERRY: Well, I have some photographs plus some sketches . The ihouse on the rear section of it was drastically changed approximat - ;; i ? ly 1955 they added an addition which was basically this portion ! right here (pointing) . I believe it was Wallace Sr. , Maury Wallac - i! � they put that addition on there. Now that section of the house ha some very flat, troublesome, leaky roofs also, which I would like iIto correct and I can't think of a better way of correcting it than i` to put some rooms under it too. From the front of the house there I would be very little variation from the appearance from the way it '; exists now. I also have some photographs over here of that rear H section of the house. This is a cross section of the roof line ofl �tthe house —right here. The green represents the proposed altera- 1 { tion. ( CHAIRMAN MARTIN: The photos are reproduced on the back of your I i i , application, I think. IMR. TERRY: There were real photographs with it. , IMR. KASPRZAK: Mr. Terry could I see that? ijMR. TERRY: Certainly. (the following discussion took place with Mr. Terry showing blueprints) This is a rough aerial view of the lot. This is the house right now, as it exists, the full size. , This is an aerial view of the house that exists . Because of lack 'jof space this has been broken out here the scale is not correct (lin this front portion. i I KASPRZAK: The drawing changes the shape of the house? MR. TERRY: That' s right - those are bay windows . . and MR. KASPRZAK: You are increasing the height of the house. . . IMR. TERRY: That's right. This is the existing roof line right her �on the main part of the house looking through to the front of the j ' I house. from the rear view to the south view. I think the photo- graphs have materialized. Okay (showing the photographs) now, this ibis looking in from the east. This is the roof over the addition (that you see right here now. These are the roof lines of the I it i - 17 i 1 original house. This is where we are proposing to increase the ; il height. This is what the rear view of it looks like right now. As you can see those roofs are quite flat. Again, now, let me stress - this is the rear side of the house so that this - what we are looking at is this wall right here (pointing) looking in the R back. This is the street side out here. i '! DR. GREENBERG: And when you are looking up at the house so it isn'It I likely that you would see much of the back part of the house from 'i the street. . . MR. TERRY: That is correct. ii (Mr. Hoard produced a picture taken from the front of the house) . MR. TERRY: Oh, very good, I never thought of bringing front ones [ That was just taken too. MR. HOARD: Yes, the Planning Dept. . . . . s MR. KASPRZAK: Do you have any idea how many square feet you are i j adding? MR. TERRY: The house is approximately this dimension here, as II # recall, is about 14 and this way here is 43 ' it' s about 750 I� square feet. Well, 14 times 43, whatever that is , if anybody has I{ l a sharp pencil or a calculator. Okay, right. ; '; MR. KASPRZAK: That' s what you're adding. How big is your house j now in terms of square feet? jMR. TERRY: Here it is - the dimensions are here. 54 x 48 . I{ CHAIRMAN MARTIN: If we are giving out important figures we ought 1 to get them on the record. Alright, you had a question about the size of the addition? E MR. KASPRZAK: Yes, I was trying to figure out the increase in the 111living area to the existing house. He is adding about 600 square i ; feet of space. We were about to figure out what he has . i lCHAIRMAN MARTIN: Do you have a figure for . . . ' MR. TERRY: It 's about twenty-four or twenty-three. . , 1:1MR. KASPRZAK: Not yet. It ' s about 22 2 ,300 square feet. Addin� i about 25% to his current house Ii CHAIRMAN MARTIN: I think Tom has the detailed figures on that. E I I{ f f 18 - 9 ij ij �IMR. HOARD: Well, these deal with the lot size vs. coverage . The ;; coverage right now or the increased coverage would be 16% increase. ! ; I guess from these figures the lot size now is 39% . Does that isound about right? j iIMR. TERRY: Something like that. :i � . MR. VAN MARTER: May I ask a question? !; I 11CHAIRMAN MARTIN: Please. 11MR. VAN MARTER: The only addition is the bay window area at the j !+ I ; rear of the house? I jMR. TERRY: The basic proposal is to - this area in green across j �3the back - this is where the roof ends currently (pointing) MR. VAN MARTER: I got that. The increase in coverage on the lot s is only that much. I MR. TERRY: That' s correct. That is . . . i 11MR. VAN MARTER: The dimensions in the range of what . . .. I !4 j HCHAIRMAN MARTIN: Either you aretalking aboutthe living area - or i i 1you are saying that there is already a 16% . . . (discussion took ; place among the Board Members and Mr. Terry which wasn' t clear on j the tape. They were huddled around the table looking at the plans .g) CHAIRMAN MARTIN: Okay, is there any further material that we I ( should have for the record? Are there further questions for Mr. Terry? i ( DR. GREENBERG: Right now there is no parking on the lot MR. TERRY: We have a garage and a driveway. There is a garage in ! the basement of the house. jC IMR. GASTEIGER: Garage area for one car, two cars? � j IIMR. TERRY: One car, plus there is adequate driveway. Two cars 1 11will fit in the driveway also, if need be, 11MR. KASPRZAK: How close are the houses of your neighbors , either !way? Roughly, I don't want you to start measuring. IMR. TERRY: Well, I'd say they are about the same as the whole liblock. . . I! 'iCHAIRMAN MARTIN: But give us a sense of feet from wall to wall, I mean from your outer wall to the nearest. . . f I � i ! I Ii{ - 19 - i is MR. TERRY: Well, I would say from our outer walls to the nearest j house, I would say it was 251 . That' s an estimate now. 25 to 301 � CHAIRMAN MARTIN: Are there any further questions? (None) Thank j i you Mr. Terry. Are there any others here this evening who would like to speak in favor of the requested variance? Please come i forward. j o FRED ROSICA: My name is Fred Rosica and I live at 213 Cornell i� Street and I am all in favor of what the Terry' s would like to do. ii I agree with him that most of the lots up there are 50 ' lots . Mine is 76 but I have a duplex but I see no reason, it ' s not going !, to change the appearance of the house at all because the front par I is higher than the rear and it does set up on a bank so I am all i� i! for it. E C MR. GASTEIGER: How about the density in the neighborhood. If he i j sells his house to someone who wants to live there and take studen�s in. Isn' t this going to create a problem? CHAIRMAN MARTIN: It ' s R-1 you will recall. Therel=Twould be some i I difficulty with that and greater difficulty under. . . MR. GASTEIGER: As long as the owner lives in the property you i 1. can do that as I understand it. FRED ROSICA: Well that would be no different than someone that m4ht have twelve kids like the Spragues used to have up there where Ray i now lives. No, I know what you are getting at. I don't think so. , t We've been keeping pretty close tabs up there and they are all either one family, most of them are. Mine is a duplex and I live i on one side. I have control on who is next door, I could have i rented it to four law students but I said no. I have a family there. And the Terrys want to stay in the neighborhood. If they can' t do that then they are going to have to move and then you don t I know who you are going to get. MR. GASTEIGER: Well, people ' s lives change. i i� MR. ROSICA: That is right. I mean you can see that on State St. , 1 1 i. what' s happened, It used to be a beautiful street to walk down I wa , ;' but it isn' t any more. , 4 �� j u €i - 20 - i ! CHAIRMAN MARTIN: Thank you. Are there any others who would like c to be heard in favor of the requested variance? RAY JOHNSON: My name is Ray Johnson and I live at 510 Mitchell `± Street and I agree with Fred and also Bob, that the Terry' s need the space. Any they might have more kids after this you know, so the way they are going now two in the last year or so. So, I agree with them. I think they need the space. I don' t think it would do anything to the neighborhood, in fact I think that it j I would improve it because the house is high there and low in the I' back. It would bring it up nice and even. I think it would look better, so I 'm for it. CHAIRMAN MARTIN: Thank you. ANN CLAVEL: My name is .Ann C1avel and I live at 109 Cornell Street. I I 've come to speak in favor of the Terry's addition. I notice �isome people were talking about density and increasing the density 1! I don't see that that is going to increase density because the sam� I4 people are going to be living in that house that lived there befor� and, in fact, in terms of crowding in the house, it is going to �Ireduce it because you will have more rooms and they can spread out ! and there will be a less crowding factor in the house. CHAIRMAN MARTIN: I think the concern back of Mr. Gasteiger' s ques- tion is that you make a house a greater capacity and then you worm about what happens when it changes ownership. fMS. CLAVEL: That' s right but this is a one-family neighborhood and I as I understand the zoning ordinancey.the one-family is limited to ! E glno more than two unrelated peoples so that if he sold it to anybody lithey couldn' t move in more than one student - that' s the way I read IIthe zoning ordinance. I may be wrong, I haven' t paid that close 1 E attention to it. It doesn' t matter who he sells it to, they r jcouldn' t move in more than one student. He couldn't divide it int q apartments because you all wouldn't let him. 1! MR. GASTEIGER: There would be two persons possible unrelated - 11that means two additional automobiles. i i i V 'j - 21 - 1 MS. CLAVEL: Wait a minute. Say he wanted to take in tenants. I i don't think he could take in more than one tenant because if he ha� more than one tenant there would be three unrelated people in that ! 1 j house. The Terrys and two unrelated people. ;o MR. GASTEIGER: I am considering if the property is sold. i IMS. CLAVEL : Well, even if he wants to do it himself I don't think the zoning ordinance would let him but I don't know about _ I mean 'i if he wanted to move in extra people and there weren't enough cars III think you have a control in driveway space also, and to how many l� �jadditional people can come into a lot. It isn' t that he is going o { becovering . . . I understood that he wasn't going to cover any more 0 0 floor area but I guess he is putting in a bay window, It isn't as lif he is going to cover any more of his existing lot. The lot is awfully small and the house does fill a good bit of it. But he isl not taking up any more lot area he is just going up in the air so JI think that it is probably it should be alright. �s CHAIRMAN MARTIN: Thank you. Are there others who would like to b heard in favor of the requested variance? (none) Is there anyone here who would like to be heard in opposition to it? HELEN MAC DONALD: I am Helen MacDonald and I live at 107 Elmwood i i Avenue and I beg to differ with Mr. Terry our neighborhood is not!. �fa neighborhood of crowded lots . My lot is 160 ' x 150 ' and I do no`t �1consider it crowded. We have on one side of mean apartment buildi g which Mr, Terry owns which has been in variance of R-1 for many, I ; many years but I understand it was there previously so nothing can be done about it now. But we do not really care to have more mul- tiple housing put in to the current situation -- the current neigh- i' I�borhood. I want to know the exact number of square feet of Mr. Terry' s property and the exact number of square feet of the current ! housing and the exact number of square feet of his proposed additio . � I don't believe he has given us that. He has sort of said it is approximately this, it will become from a three bedroom to a five I j j,or six bedroom home _, he has not told us the exact feet nor has he ! i � hold us the ppion of feet of living space for the lot. The roorto !i I tE - 22 - house is not 25' from each lot. His house is not 25 ' from each boundary of his property. It would indeed change the character of� the neighborhood. It is a one-story house - the neighborhood, as �e I si did say, is primarily two and possibly three-story houses the attic being the third story. Most of these houses are not on a lot that is small and looks out of proportion as his house, indeed !' does . It does look as if it were scrunched into a very small lot. i I would like further study on this and I think that there are poss - I, �i bly other people who would like to say something. if di CHAIRMAN MARTIN: Well/they are, they can present themselves. You i have given me a communication from someone that you said couldn' t be present this evening. It asked that it not be read in public i and therefore I guess I'm going to have to return it to you and !� asktyyou if you can - for the person - give us any additional in- f formation you can that can be publicly presented but the Board must li make its decision based on testimony and facts heard in public session, which is why I am returning that to you. Is there any i� thing that you can say on that persons behalf? i MS. MAC DONALD: No, I was used as a messenger. CHAIRMAN MARTIN: Alright, is there anyone else here or do you have questions? I= MR. KASPRZAK: would like� I o l to ask. a question. You indicated that the character of the y neighborhood would change b this addition._ g g Could you explain further what you mean by that? MS. MAC DONALD: Well, I think I said it in that the houses seem j i I to fit in with their size of the lot, esthetically. As you drive through the neighborhood you do see houses with space on either ' side of them and they sort of fit into a lot. CHAIRMAN MARTIN: How will that _, with regard to this house T be I � changed? You say it already looks scrunched will it l ook any ,I more scrunched with this addition? MS. MAC DONALD: Yes, it will go up in the back and it will be I� !� seen from the street from Worth Street and from Elmwood Avenue. F ±j 23 i i ; CHAIRMAN MARTIN: And could you help us locate your property in relation to this property? i ; MS. MAC DONALD: I have a border with Mr. Terry - I think it ' s 751 � i �r on one . . . '; CHAIRMAN MARTIN: So you see - you will see the back of it . . . �I ' MS. MAC DONALD: I have 75 ' and I think it ' s 30' - it' s a rectan- j gular. . . . i 1 CHAIRMAN MARTIN: Alright. Further questions? l� DR. GREENBERG: Well, I think we should explain that the figures are on this drawing - I don't think there is I ,f MS. MAC DONALD: But I don' t believe they were publicly announced I� the ratio . . . IDR. GREENBERG: Perhaps they weren't perhaps they were privately { I! ; announced. They were discussed, I think, among the Board members . f! ,IMS. MAC DONALD: I didn't hear them. I 'm sorry. �ICHAIRMAN MARTIN: Do you have a sense of it - that there is some- it �Ithing that we have not been told hereabout its size and other . I ;i It is , concededly, a building that already exceeds what an Rrl zon would require. Alright but that's because it was put there prio I.Ito zoning. And the proposition - while it will increase the livin capacity of the house, it will not, except insofar as the bay I i ; windows are concerned, increase the coverage of the lot. }1 ;IMS. MAC DONALD: Is that the primary concern? the Coverage? i CHAIRMAN MARTIN: Well , that certainly is one concern with an area ! jvariance of this kind. !IMS. MAC DONALD: Because it ' s my i 4 ' CHAIRMAN MARTIN: The figures we have from the Planning Board is ; that the building presently occupies 16% more of the lot than the Ie ii ordinance requires . But that that would not significantly e n- !� bii (i creased by the proposed addition. ! l lo 'IMS. MAC DONALD: Except the sky I mean, who owns the sky? ( CHAIRMAN MARTIN: Are there further questions? ;IMS. MAC DONALD: No, I mean is it not possible to perhaps compietle ,lithe basement. . ? IE !;, CHAIRMAN MARTIN; The building will not be higher than the zoning I f � I 4 j 1� - 24 - ordinance allows. The zoning ordinance allows it to be that big. €I The only reason why they are here is because they've got a small I lot in relation to the size of the structure. MS. MAC DONALD: I also - I 'm very interested in the number of E M square feet in the house that they presently live . I think that this is very important. I don't believe it is very important to anyone ; except me, Ii DR. GREENBERG : On the contrary - I think it is in the neighborhood. Of 2100 or 2200 feet. The dimensions are there - we didn't do thef Ij I, multip>lication')but it' s 43 x 54 , i IMS. MAC DONALD: Because I don' t know who should determine how manX i square feet people are allowed to have per child or if this enters ; in because I assume the reason that we are here is because they ar ,! having an addition to the family, j CHAIRMAN MARTIN: The reason they are wanting to - we are told tha i1they want to have a larger house is because of that , but the size j of their family is of no concern to us. 11MS. MAC DONALD: But they want more space . I !; CHAIRMAN MARTIN: Right. lMS. MAC DONALD: But doesn' t everyone? ; CHAIRMAN MARTIN: Alright, some people do, some people don' t. '; People who have a small lot and want to build a larger house on `:; what is already a small lot have to come here for variances without °; regard to whether their family is expanding. limb. MAC DONALD: Exactly. 1 !; CHAIRMAN MARTIN: And we would grant them or deny them without ' regard to the size of their family. i ';IMS. MAC DONALD: But I did not like the misrepresentation of my Hneighborhood. I � !!CHAIRMAN MARTIN: Alright, your impression is that most of the lots! ; are more spacious than this and this is not an average lot but a 11smaller than average lot. Thank you. Alright, is there I� f further testimony on this case? Are there others in opposition? ;1111 I�Are there those who like to add further information who have alread� I 3 I ' i s 3 i I r i 4 i - 25 - j I �? spoken? Yes. MR. TERRY: I wish I had brought my 1911 map. They are certainly ! I. I ii ,! very readily available in the assessor' s office and - where did you !( get the zerox of that map? (Mrs. Terry responded: At the assessor' s office) It doesn't take much of a poll of the neighborhood to I see that the average lot size is. roughly indeed what I represented i !� it to be and, in fact, within the 200 feet, I did a very close !i z scrutiny of the map and there is in fact one lot that is 45 x 80 ! that the house is three stories. I don' t feel that there is any j misrepresentation I mean I am, in fact, very envious of my good t neighbor because they have a very large, at least, double lot. Atj ! , the time it was drawn in 1911 it was shown as two or three lots an4 I ! fortunately somebody bought and kept those pieces of land and I amj 11 , most envious of them. Believe I would like to have more room my- I 1� self but it doesn' t. . .you know, all you have to do is look at a ma� His what I am trying to say. And I think what I am saying will be I ,! born out and the 25 ' - there was a mention of 25 ' - the 25 ' was a ! purely arbitrary number that somebody asked -- how far is it from ! 11your house to the nearest existing structure. The 25 ' was no way i ,! intended to be a distance to a lot line. The dimensions are very !! clearly stated on my sketch there of the total size of the lot wit E the house, in relation to it and its in scale within the nearest ( four or five inches - I would represent it to be - the width of a !' 3 '! pencil line maybe on a - it ' s a four to one scale - the actual lot (f � 11projection is on an eight to one scale and if anyone were to scale lithe drawing - scale the drawings at the Court House and go, in fact, ! measure the lot - it would be proven to be as represented. HCHAIRMAN MARTIN: Okay. Thank you. Do one of the other neighbors r �Iwho testified in this case want to add further information on lot ! ,! size? No? Alright. The Board will have available to it if it ; finds it important in its deliberation, the 157 copy of the assessor' s i ;!map so that we can clear up this lot size issue, if we have to. ! 11NANCY LEMING: May I just say one thing? ;(CHAIRMAN MARTIN: Yes - please. . . . I ! 1 l� I 26 - i !i MS. LEMING: I 'm Nancy Leming and I live across the street I really don' t see the Terry House too much from my house - but, maybe to help solve this issue it does from side to side take upi i more of the lot space than I think most other lots in the neigh- i; borhood, except probably ours with a driveway as the deciding Ip factor. And, the house seems to whereas in the front it' s a �i first story - it ' s a one-story house in the back, the basement comps i out of the ground so that to some people it might seem to make it much taller if they do go up. And my other concern is one you (� have already raised that it mightthen be used for student housing if somebody else bought it and I just want to make sure that you ;I know those concerns . ii CHAIRMAN MARTIN: Alright. Thank you. Is there anyone else who i i would like to be heard on this case? Alright, seeing none , we will move on to the next case. 'i ;f S (if j !I �I f t: i �I i ii I ?� t 1t i! �! r `I S i I; s i 1! 1! !I ti .i i ;I I! �I it fl I i� kf i� �I i� 'st 1 I 3 27 ['t I BOARD OF ZONING APPEALS CITY OF ITHACA MAY 2 , 1977 EXECUTIVE SESSION ; f 11APPEAL NO. 1156 3 j ;; CHAIRMAN MARTIN: Motion is made that the requested areal ii variance be granted. �lMR. KASPRZAK: I second the motion. FINDINGS OF FACT: 1. The deficiencies of lot size and coverage will not be significantly affected by the proposed addition. k; z� 2 . Under the present and proposed R-1 zoning the building may be used d only for single family occupancy. +;I 3, According to the testimony and `I drawings presented, it does not appear ! that the proposed addition will have I serious adverse consequences for the pi neighborhood. ' `S �i NOTE: YES 5 NO 1 AREA VARIANCE GRANTED f o s i� i� i�plp!ff° l� E - 28 - `! BOARD OF ZONING APPEALS, CITY OF ITHACA CITY HALL, ITHACA, NEW YORK 'i MAY 2, 1977 ii i Secretary Hoard announced the next case to be heard: ,i APPEAL NO. 1157 : The appeal of Richard C. Parks for �i exception to Ord. 76. 11 (Moratorium) and area variance under Section 30. 25, ' Columns 10-13-14-15 to convert a IO building to a two dwelling unit at ji 206 Third Street in an R-3 use distric . j1Mr. Ray Hemming will present the appeal. I MR. HEMMING: My name is Raymond Hemming and I 'm a friend of the 1 owner of this property who sits right there (pointing) - Richard ' C. Parks. Dick has asked me to explain to you what the situation I j is as he is here to answer any questions because he says he knows I r it from a long time ago - and he certainly must. He remembers that {i Ot was on a sand bar in 1846. I don't know how he can remember { = that but a Capt. VanOrder built the house originally when there ,1was nothing else around it. His situation is this. Dick had the �Imisfortune two years ago to have a fire and it rendered the building i! jluseless for further habitation. He has since moved into other quarters and it has been standing vacant for quite some time. He �as i ; tried to sell it. I know of ten different people that have tried i i� to buy it, but, due to the fact that it has been well not condem�ed, Ibut very carefully looked at, to be sure that certain things are done, if anybody buys it and fixes it up. Theytve been unable to ` get a permit from the Building Commissioner's office and rightfully] Iso because having been out of use for twelve months the non-conforoing muse no longer holds. Consequently, like every building in that area, !well I 'll say almost every building in that area - they are all i! j� illegal in terms of the present zoning ordinance in an R-•3 district, l`His main problem is his side lot and his back lot distances . Of course, the primary one is the moratorium under which he is func- tioning now. Dick tells me that this has always been a two-family (house. He himself was operating it as one large family, in fact, f e the is a very kind hearted person in that he took in several strays i elderly men who had nobody else who could do anything for and he had them there and one of them, apparently went to sleep with his I! - 29 - i pipe lit and Dick no longer has a house down there. He has some 9 I property on which he is paying some taxes but he can' t sell it. I He now has someone who is willing to buy it and to fix it up and to make it into habitable quarters and it will end up essentially R' as it was before the fire so what we are talking about here is - != now in column 10 the maximum percent of the lot which may be uover�d j, by the building is 350 . I haven' t calculated this but his lot siz is 72 x 55 which is 3, 960 square feet and according to the propertt record card in the Assessment Department, the area of this buildin ` , ground level, is 1, 556 square feet. So he is almost there - but i not quite because 1 , 386 square feet is 350 of 3, 960 so the differ- ° = ence between 1,386 and 1 , 500 is what we are talking about. But its 33� has been this way since 1846? Tt' s been there a long, long time. jIn fact, I am not sure but what it might, I know Connie Cook was talking to me about the possibility of having it worked over as a , I landmark because of its architecture, because of the fact that it was the first house down there and the fact that its been there fo jsuch a long time. The one side yard is a real problem. As the ma4 - from what we measured down there, he ' s got about 3' from his - it ' tt Ilan indented side yard, it isn't a straight side yard - there ' s a little alcove that comes out and that part is 3 ' from a side lot. 1 , And this is what's creating a problem where you are supposed to I have 10 ' . The back line is essentially the same way. There is a Ijog in the back. Now this has all been explained to the Planning I Board and it' s my understanding that the Planning Board is very jmuch in favor of having this put back into use and so - in other I !l 3 Ilwords - that Dick be granted this variance to go ahead and put it ,, back essentially where it was . It' s a burned out building, It' s ii kreally something down there right now in the neighborhood which is r F e Ila matter of concern, T would think. There is a lot of youngsters I 11that like to run around there and throw rocks in the windows and do3 t, da lot of other things down there and I think its well , I know thils, l'if it cannot be put back into habitable dwelling, then it should be. i' ;torn down, because its a danger the way it is. I don't know that [Y 4j 3 � ii if 30 - ! i' I 've covered what you want here, but I think I can - I have ex- plained as much as I know about the building and Mr. Parks is here► - he can answer any questions as to . . . j CHAIRMAN MARTIN: Could you briefly address the question of the IIrequested exception of variance to the moratorium? You've spoken i! of. . . . !g MR. HEMMING: Hardship. 3 CHAIRMAN MARTIN: Alright, could you elaborate on that word and it i! implications to the case? I it MR. HEMMING : Well, the hardship is that under the moratorium a i{ conversion cannot be made. The person who is going to buy this isl jl going to put it back into a two apartment house. It was originally ii 'I that. They took out a wall when he lived there for 35 years and had a big family there. They are going to put that wall back and i 4 make two units out of it. So under that the moratorium holds. 0 It ' s a conversion. R = CHAIRMAN MARTIN: True, but the moratorium is also scheduled to e end - would there be any serious problem in our declining to grant f an exception to the moratorium but simply granting the requested i' relief under the zoning ordinance and allowing the moratorium to i j� end of its own course? II MR. HEMMING: I don' t think so except that the prospective pur- chaser wants to get going on fixing it up. He is pushing. I don't i see where another month is going to make any great difference . iiIt ' s been two years now since the fire. His purchase offer is conditioned on getting a building permit but it doesn't say when. j I think that could be handled. i CHAIRMAN MARTIN: Alright. MR. HEMMING: But it is a non-conforming use prior to the fire. ICHAIRMAN MARTIN: Surely and so without regard to the moratorium a variance would be required. So its really a two-pronged thing and I 'm asking now about the moratorium prong of it, 1 ?I MR. GASTEIGER: I take it that everyone has looked at this serious y ! that thereis structure there that ought to be maintained or isof i3 i, �i w' I' - 31 - . i value. The walls are up, the roof is on 91 i ii MR. HEMMING: It' s a real rugged, solid building but one corner had ;i it been burned out and that has to be refixed and, of course, its got a� to meet all of the regulations such as . . . the main problem is i going to be, in a house that old, is the electrical wiring and putting in so many sockets - so many different facts like this - i II but its I can' t use the expression because of the ladies present - fi but its a pretty solid house. It 's built. CHAIRMAN MARTIN: Are there further questions? DR. GREENBERG: Are there two entranceways? ii MR. HEMMING: Yes , one in the front and one on the side, DR. GREENBERG: One on the side. . . . ri ! MR. HEMMING: And in fact the side where the side line is the closest, is a vacant lot and between that vacant lot is Ithaca !j Housing Authority so its not going to be up against any building other than the lot line is that close. But it' s a vacant lot that it ' s coming up against. MR. GASTEIGER: Where would the second entrance be? IMR. HEMMING: On the north. !i CHAIRMAN MARTIN: We are circulating a small poloroid photo. IMR. VAN MARTER: The vacant lot adjacent is not a buildable lot, �I right? ! �I MR. HEMMING: Isn' t it? i i i CHAIRMAN MARTIN: A question a question. MR. HEMMING: There is a difference of opinion on that. Mrs . Seymour ? ,{ who owns three lots there is related by marriage to the prospective I ! �1purchaser of this lot , I anticipate no problems other than, I have l!! heard that that lot was acquired many, many years ago through a to I1 lisale of some kind and there are two points of view as to whether I� there is clear title there. I think its big enough I know its I i I 11big enough because according to the tax map that lot is 72 ' on thei 11 back line well, you're right it 's 351' on the front- on the f Third Street side. 35 x 72 so perhaps nobody could ever put i anything on that lot anyway and that 's the side that we 're talking ,i i �s j S 32 - i 1 I I 'i about where the house is so close to it. CHAIRMAN MARTIN: So the answer to the question is - maybe not - ! probably not. !� I } MR. VAN MARTER: If its 35 x 72 the answer is . . . ! I y! MR. HEMMING: But if it is combined with her other lot j So you've got 60 x 72 on that lot - so its big enough but there isl !� some question about the title, as I understand it. That it was I acquired through foreclosures and tax sales many years ago and j there are - you can get any point of view you want on whether or I 4 not it can be conveyed, IE1 MR. HOARD: Now you are talking about the corner lot at Morris and �j Third. IMR. HEMMING: Yes. You see the lot on the other side is a non- ! I conforming use. That 's where Amici 's live and that 35 x 72 , But I 1 �jthe other side is 60 x 72 so its plenty big but there is nothing on it and this is where the house comes fairly close. CHAIRMAN MARTIN: Are there further questions from the members of I 1 the Board? i 11MR. VAN MARTER: Would you like to get in the record the heating !_ q i system? ! CHAIRMAN MARTIN: Question about the heating system? �IMR. HEMMING: There is a gas furnace in the basement of this prop- ! erty. A Bryant gas furnace which was two years old at the time of 1f �ithe fire. - One year old at the time of the fire and he still i4 l paying for that furnace at a bank here. It' s in good shape - the question mark is, having been turned off as long as it has whether ; �, or not he can get it turned on again. It has all facilities - I jthere' s gas right in there, there is a water line, sewer lines, everything is there. Would you like - to care to add anything to ii that Dick? E I � MR. PARKS: No. I just want them to know that the property was - that was taken over by taxes - who owned it before that I can telil them that. Guy by the name of Dillon — owned all the property on ;; Morris Avenue and he lost it through tax default. i i' ii it iq - 33 - 0 CHAIRMAN MARTIN: Okay, MR. HEMMING: The furnace is in good shape if they can get it �f connected. CHAIRMAN MARTIN: Further question Murray? DR. GREENBERG: The question of off street parking do you want to address that particularly if two families live there. MR. PARKS: on the south side parking. I MR. HEMMING: What do you do about parking? MR. PARKS: Right in the driveway we've got a driveway - it goes I right in the southside. Plenty of room there for parking. MR. HEMMING: As long as I 've known you, you've ridden a bicycle. I don't think he' s ever had a car in his life. � I �, MR. PARKS: They come down there and they've got one space in the I1front where you double park. I MR. VAN MARTER: Is there more than one furnace in the building? Ci � MR. HEMMING: No, just one furnace. f CHAIRMAN MARTIN: Any other questions? (None) Thank you. .1MR. HEMMING: Incidentally, this is Mr. Parks 60th birthday today 4 he just told me back there, so you can give him a nice birthday i present . IMR. PARKS: Well, I don't know about my neighbors down there - non i of them are here, CHAIRMAN MARTIN: Alright I see no one here - I assume no one wa4ts to be heard on this case. Is there anyone here who wants to be heard? MR. HEMMING: I do know that Mr. Saccucci, if I 've pronounced his name right, owns about five or six properties adjacent to his j� business - personally came before the building Commissioner and said that he thinks that this would be a good thing to have done I down there and to get it back in shape for somebody to live in it. 1You can check that out with him. �iCHAIRMAN MARTIN: We have a note from, I guess, Mr. Saccucci ; f i' "As a concerned resident within 200 feet of the property known as 206 Third Street, Ithaca, N.Y. , I do not object to the request of I 1i (I t� 34 - ;; f '! Mr. Richard C. Parks for a variance. " i ,; /s/ Rudolph M. Saccucci, owner of the Villa Restaurant. i Is there any further testimony on this case? (none) Is there is ,, anyone now to be heard on, what was the case we passed over? I E !IMR. HOARD: Case No. 1155, the appeal of John McLean. 11CHAIRMAN MARTIN: Is Mr. McLean here? Alright, there being no one 11here on that case this concludes this part of the public hearing �f , this evening. The Board will go into executive session and after 1we have deliberated on all of the cases we' ll reconvene to announc 11the results . i� iI 7 Y E l� II I I I t y� I fE I ! 1 I� f I h �I 'g ti I 'i I i i 35 €a I i BOARD OF ZONING APPEALS CITY OF ITHACA E MAY 2 , 1977 �E Ii EXECUTIVE SESSION ' I 1'1APPEAL NO. 1157 i E' CHAIRMAN MARTIN: 1157 A. Motion is made that the requested area variance be granted. IMS. MAXWELL: I second the motion. FINDINGS OF FACT: �f 1. The reason why a variance is ri- i 6 quired in this case is that becaus of the fire, the building could nol i longer be occupied, thus falling i under Section 30. 49-A of the Zonin Ordinance. 2 . The proposed rebuilding will f not create any additional deficien- �E cies of the lot size or coverage ad I I 3( the proposed use complies with the I G� present R-3 zoning. ; E( J4 VOTE: YES 6 NO 0 i ' Mr. GASTEIGER: 1157 B. Motion is made that Parks be i Pj exempted from the Moratorium because of the evidence of hardship. 1� I 1MR. KASPRZAK: I second the motion. j FINDINGS OF FACT: �E 1. The property was burned over ftwo years ago and has remained empt" since that time, 2. That the appellant claims that i he has attempted to sell the property I � jj over the past two years without I 4 success. i j 3. In these circumstances it is j R i highly desirable that this particular i E 36 - R I I i j property be occupied as soon as i! possible. I VOTE: YES 2 NO 4 MOTION DENIED. I t � !� MR. KASPRZAK: 1157 C. Motion is made that the original motion be amended to attach the { condition that the variance is granted on the condition that the I off-street parking requirements be� met on the property or within 5001 ' of the property in question for al occupants of the premises. MS. MAXWELL: I second the motion. VOTE: YES 6 NO 0 UNANIMOUS I t i i ti !I Is I f ! li f t i I � I) �I f ;I i' it 37 - I , Barbara Ruane, Do Certify that I took the minutes of the Board of Zoning Appeals , City of Ithaca, in the matters of Appeals Num- ' I I? bered 5-1-77, 1154, 1156 and 1157, on May 2, 1977 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 i" II meeting and the Executive Session of the Board of Zoning Appeals, I jl City of Ithaca, on the above date, and the whole thereof to the It best of my ability. �l I� I i; ii (I ij Barbara C. Ruane Recording Secretary ° I �I i r Sworn to before me this ii t g day of MAY , 1977. �i I i N ar Public j I JOSEPH A. RUNDLE I; Notary Public, State of New York I No. 55-4507134 li Qualified in Tompkins Count j I Term Expires March 30, 19,7RI f i �j (1 I� I �! I (' I it I! I� ;I