HomeMy WebLinkAboutMN-BZA-1977-10-03 ii
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TABLE OF CONTENTS
MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS, ITHACA,
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NEW YORK OCTOBER 3, 1977.
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APPEAL NO. 1170 Anthony Tzivaeris 20
309 Hector Street
APPEAL NO. 1170 Executive Session 22
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APPEAL NO, 1171 John D. Mac Lean 2
119-121 Giles Street
APPEAL NO, 1171 Executive Session 6
!i APPEAL NO. 1172 Rudolph & Kathleen Christopher 7
330 W. State Street
APPEAL N0, 1172 Executive Session 12
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( APPEAL NO. 1173 Paul Tavelli 13
!� 213 South Titus Avenue
APPEAL NO. 1173 Executive Session 19
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i Certification of Recording Secretary 23
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BOARD OF ZONING APPEALS, CITY OF ITAHCA
CITY HALL, ITHACA, NEW YORK
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OCTOBER 3, 1977
!f A regular meeting of the Board of Zoning Appeals , City of Ithaca,
was held in Common Council Chambers , City Hall , Ithaca, New York
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on October 3, 1977.
PRESENT: Peter Martin, Chairman
Judith Maxwell
I' C. Murray VanMarter
Gregory Kasprzak
Martin Greenberg j
Edgar Gasteiger
Thomas Hoard, Building Commissioner &
Secretary to the Board
Barbara Ruane, Recording Secretary
Chairman Martin called the October meeting of the Zoning Board of
Appeals of Ithaca to order. A full Board is present this evening . ;
i! The Board operates under the provisions of the Ithaca Zoning Ordi-i
nance, the City Charter and the Ithaca Sign Ordinances and other
Ordinances that give discretionary business to the Board. We do
not operate under a very formal or strict procedure. We are not
libound by strict rules of evidence but we do follow the following
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procedure. We take the cases up in order, we ask first that the
petitioner or someone speaking for them present the details of the;
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requested permit or appeal and then we ask anyone else present
who wants to support the appeal , then we ask those who wish to spe4k
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in opposition to do so. We ask that all who have testimony to
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present come to the front of the room, identify themself clearly j
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E by name and address before proceeding and then limit their remarks;
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to the issues that are in front of the Board. After hearing all
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testimony on all the cases, the Board then goes in to executive
session to deliberate on what we 've heard. After reaching our
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decision we then reconvene in public session to announce them,
I along with the findings on which they rest . Mr. Secretary what is
I, our first case?
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i MR. HOARD: The first case Mr. Chairman is :
APPEAL NO. 1170 : The Appeal of Anthony Tzivaeris for an
�i area variance under Section 30. 25,
�! Column 11 of the Zoning Ordinance to
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construct an addition to the rear of
the two-family house at 309 Hector
Street. The house is non-conforming inf
that it is less than nine feet (9 ' )
' from the front property line; a twenty-1
i' five foot (251 ) front yard setback is
I� required in the R2a use district in
which the property is located,
MR. HOARD: Is anyone here to represent Mr. Tzivaeris?
CHAIRMAN MARTIN: Seeing no one, why don't we pass over this case
and then test again at the end?
jSecretary Hoard announced the next case to be heard:
APPEAL NO. 1171 : Appeal of John D. MacLean for an area
fvariance under Section 30. 25 , Columns 715%
j� 11, 12 and 13 of the Zoning Ordinance
`I to construct a two-family dwelling at
119-121 Giles Street, in an R-2A use
district. When the building is con-
structed, the property will have front
and side yard deficiencies.
MR. HOARD: Mr. McLean is here to present this case.
MR. MAC LEAN: I 'm Mr. MacLean. Is there any questions?
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ly CHAIRMAN MARTIN: Let 's first get clear precisely the nature of thje
variance you are seeking. This property is referred to variously
j in an R- 2A and an R-3B district. It ' s R-2A?
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I MR. HOARD: It ' s R-2A. That is correct .
I; CHAIRMAN MARTIN: The use you are proposing is consistent with
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I zoning. All you are asking for is an area variance because of the'
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{i lot deficiency?
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MR. MAC LEAN: That ' s right.
CHAIRMAN MARTIN: And could you just in your own words and very
briefly explain to us why you can't comply with the lot size re-
quirements of the ordinance. . .
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MR. MAC LEAN: Well , it ' s an old lot and I there was a house on
r there originally and I want to try to stay with that old foundation
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if I possibly can but the old foundation doesn't meet the zoning
variances .
CHAIRMAN MARTIN: Alright, so that what you are planning to build %on
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MR. MAC LEAN: That ' s right.
CHAIW4AN MARTIN: Will you be building out from that old foundation
or will the building. . . . ?
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MR. MAC LEAN: The building will be on the old foundation.
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CHAIRMAN MARTIN: On the old foundation. Would it be possible to
build a smaller structure complying with the ordinance or?
MR. MAC LEAN: Well it ' s not that much off. I don' t think it ' s - - j
actually not because I have to put a parking facility there to par
two cars off the street.
I! CHAIRMAN MARTIN: Alright, so you will have off-street parking for!
two cars?
11MR. MAC LEAN: Yes, that' s right.
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CHAIRMAN MARTIN: Providing that parking, you couldn' t then have a
j house that would comply with . . .
�IMR. MAC LEAN: No . . . That 's right.
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ECHAIP1AN MARTIN: Are there questions from members of the Board?
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.1MR. KASPRZAK: I only had the parking question which you have
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already tackled, so. . . .
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MR. GASTEIGER: I don't understand the parking part of it , Is then
parking under the house?
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�IMR. MAC LEAN: No, the parking is on the side of the house ,
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IIMR. GASTEIGER: It seems to me to build a smaller house you have
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1i more parking, is that right? I guess I didn't understand it.
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� MR. MAC LEAN: Well , no, I want to stay with the old foundation ana
the parking is going to be to one side of the lot.
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MR. KASPRZAK: Do you happen to have the floor plan or something
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illike that which will be a little clearer to understand?
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MR, MAC LEAN: I have a floor plan,
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CHAIRMAN MARTIN: Is this a copy that you are able to leave with
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1us Mr. MacLean?
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?`SIR.. HOARD: We have a copy. If this is the same one.
CHAIP14AN MARTIN: Oh, we have a copy.
SMR. MAC LEAN: That 's right, yes .
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i CHAIRMAN MARTIN: Alright.
(brief discussion followed with the Board members looking at the
'1plans and asking questions of Mr. MacLean which the recorder didntt
pick up) ,
` CHAIRMAN MARTIN: Will the garage be covered?
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MR. MAC LEAN: No, no it won't be covered. It ' s a platform.
MR. GASTEIGER: Does that platform exist now?
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MR. MAC LEAN: No.
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i+ MR. GASTEIGER: It has to be built.
MR. VAN MARTER: Is it below grade or above grade?
MR. MAC LEAN: It ' s right about on grade.
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MR. VAN MARTER: And that' s counting for lot coverage then?
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I MR. HOARD: Right , if it ' s a covered carport .
MR. VAN MARTER: That 's why I ask.
MR. MAC LEAN: It 's not covered.
MR. VAN MARTER: Do you know what you've got there?
MR. MAC LEAN: About 3' on that side.
MR. VAN MARTER: Thank you John.
MR, MAC LEAN: About 9 ' over there.
!� CHAIRMAN MARTIN: I gather that you are working out the precise
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nature and dimensions of the deficiencies , Can we
MR. MAC LEAN: It 's only 5 ' in the back. You want to mark that
j 5 ' in the back? I should have 15 ,
CHAIRMAN MARTIN: So there is a deficiency in the back yard and where
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,1 MR. VAN MARTER: East lot line - that 's the right hand side of the;
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house, John. You've got an existing 3 ' how much is required?
, MR. MAC LEAN: Well I don't know I can build right to the lot
dine on that, can' t I?
,1MR. HOARD: Well you have a requirement here of 10 ' on one side an4
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5' on the other.
✓IMR. VAN MARTER: Okay, so if you trade this for the 10, he 's got no
Edeficiency there. He 's got one of the deficiency is 71 ,
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�! MR. GASTEIGER: This is not a stretch? I
CHAIRMAN MARTIN: That ' s right. If it's on grade.
MR. HOARD: It should be changed to pad there ,
MR, MAC LEAN: That' s all right, yes .
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` MR, HOARD; It should be changed from carport to pad.
IIMR. MAC LEAN: I'n front I 've got 161 .
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14R. VAN MARTER: Front yard 16 ' .
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MR. GASTEIGER: What ' s required?
'SMR. MAC LEAN: I think it' s 10 .
i1MR. HOARD: 25 ' front yard. And there is also a back yard defi-
ciency. This being six-mile gorge here.
iMR. GASTEIGER: Can you show us this foundation where it right
`i along here.
IMR. MAC LEAN: Well the foundation is . . . j
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CHAIRMAN MARTIN: The foundation is all the way around. Is it
!' deficient in terms of lot coverage? Will it exceed the permissible
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� MR. MAC LEAN: It ' s about 425 ' .
IjCHAIRMAN MARTIN: Are there further questions from members of the
Board?
IDR. GREENBERG : The building is for sale I presume? Or do you
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�� intend to own it and rent it yourself?
MR. MAC LEAN: No, I 'm going to try to sell it.
CHAIRMAN MARTIN: Further questions?
! MR. VAN 1ARTER: The depth of the parking John - the parking pad
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is what depth?
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MR, MAC LEAN: 241 .
� MR. VAN MARTER: Front to back, right?
MR. MAC LEAN: Right.
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� MR. VAN MARTER: Okay. How much of the 24 ' extends in the front
yard?
11MR. MAC LEAN: It 's right on my lot line if you know where Giles
Street is up there,
�IMR. VAN 14ARTER: That part that 's designated for parking pad ex
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! tends beyond the front of the house approximately 7 - 8 feet?
MR. MAC LEAN: Yes , about well it 's about 51 ,
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MR. VAN MARTER: You can get a double curb cut?
' MR. MAC LEAN: Yes .
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MR. VAN MARTER: Okay.
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1CHAIRMAN MARTIN: Any further questions? I guess not. Thank you. ;
I' MR. MAC LEAN: Thank you.
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BOARD OF ZONING APPEALS
CITY OF ITHACA
OCTOBER 3, 1977
!' EXECUTIVE SESSION
! APPEAL NO. 1171 :
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CHAIRMAN MARTIN: I move that the requested area variance in
�! case 1171 be granted.
MS. MAXWELL : I second the motion.
I! FINDINGS OF FACT : 1 . The proposed structure will be built on i
an existing foundation on a lot that pre-
dates existing zoning requirements .
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2 . Two spaces of off-street parking will be
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!I port of the request in complying with the
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ordinance,
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i� 3. According to the testimony presented by i
the appellant to build a house of different j
�I dimensions than the original foundation so
as to comply with the yard requirements of i
I� the ordinance, would be difficult. j
VOTE : YES 6; NO 0.
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!j Area variance granted.
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Secretary Hoard announced the next case to be heard:
i APPEAL 1172 : Appeal of Rudolph and Kathleen Christopher
1j for an area variance under Section 30 . 25 ,
Column 13 of the Zoning Ordinance (minimum
side yard requirement) to construct an addi-
tion to the building at 330 W. State Street
in a B-2 use district. Construction of the
addition would extend to two feet of the
property line ; a five foot side yard is
a required in the district . j
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` MR. CHRISTOPHER: I 'm Rudy Christopher, 15 Atwater Road, Lansing, I
New York and the owner of the property at 330 W. State Street. I
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operate a sign shop business at that location. Of course the
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reason for building is I 'm dust running out of room. I don' t havel
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room to letter trucks - I don't paint trucks with spray, all I do
is hand letter. I don' t have room to do it because we are so over]
crowded and I have been taking trucks out to the country where I
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live six miles out to letter them. -I just need more room.
The sign shop was built years ago and it is butted up against
Arnold' s Furniture Store the old Louie Shulman Furniture Store so
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if we go five feet (51 ) away from the wall it ' s just a dead area i�
!I there so I 'm asking to go two feet (21 ) away from the wall - I
could possibly go up against the wall but Louis Shulman has two
windows there and he had air conditioning units in the windows .
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They both fall on my property but I 'd rather go two feet (21 ) and
have him have the air conditioning instead of asking to go up
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j against the building. The sign shop is located right next to the I
apartment buildings which are in the same building. I would like
to build a one-story building for the sign shop and there is an
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entrance way which goes to the apartments which I have to replace
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i� so I would like to enclose the entrance way, The people in the
top of the stairs usually leave doors open all winter long and I a�
sure I could save some money on heat so . . . The building I am
asking for would be about 19 ' x 26 ' and I would still be about 40 '
from the sidewalk to the back end of the building so tenants stil�
can park three or four cars in there.
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CHAIRMAN MARTIN: The PlanningBoard
was quite concerned about
possible fire safety problems . Their recommendation was conditioned
I! on some sort of approval from the Fire Department. Have you obtained
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MR. CHRISTOPHER: No I haven' t checked with them. I didn' t know
I whether I should come here first or check with them. I am willingi
. . . right now the shop has sheet rock on its ceiling, etc. but if j
I was to add on I - I have been there fourteen years - I 've been
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P operating a sign shop for fourteen years and it ' s not just a j
matter of paint and paints that I use, I do a lot of plastic work
so and neon work which, I 'm probably as far as fire being a hazard
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goes no more than anybody else I don't think. My son and I both
work in the sign shop and neither one of us smoke I don't like I
smoke in the building so this way I think we try to be quite safe, ;
�! But if I was to add on, if I had the okay to add on which I would
probably just as soon go through and put a asbestos ceiling throug�
the whole place.
CHAIRMAN MARTIN: We have one set of plans here, do you j
MR. CHRISTOPHER: Right - that' s my work. I 'm not an architect,
P I 'm a sign painter. j
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f' MR. HOARD: Mr. Chairman on the matter of fire safety, it would bei
a requirement that the Fire Chief would review it before the build',
ing permit would be issued, so we would handle as a matter of cour e
in the Building Department..
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I CHAIRMAN MARTIN: Alright. As best I can understand the Planning ;
11 Board' s concern though it involved not so much matters of compliance
i with various codes but judgment about access , etc. so that it mighi
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jbe that that wouldn't adequately meet the concern expressed in the
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condition on their recommendation to us. Are there questions from;
members of the Board?
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� MR. VAN MARTER: The addition is first story only, Rudy?
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`! MR. CHRISTOPHER: Right.
�IMR. VAN MARTER: Is it imperative that you have that opening from
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the shop into that stair?
' MR. CHRISTOPHER: I thought in between there would be just my '
regular walk way there with the cinder block wall in between the I
shop and the stairway. �
MR. GASTEIGER: What do you use that space for?
IMR. CHRISTOPHER: Right now?
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1i MR. GASTEIGER: Yes .
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MR. CHRISTOPHER: It' s just parking.
jj MR. GASTEIGER: That means that you will have to park in the I
3 street what does it mean in terms of the change?
II MR. CHRISTOPHER: Actually not much. I 've owned the building four,
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j years and I don't think there is ever more than three cars in them
i1 at any one time and so right now the driveway is roughly 70' long
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or something of this sort and I just would like to go out 261 . It
would still leave 40 ' from the sidewalk to the shop building and
the shop building is roughly two and one-half car widths actually. ]
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i CHAIRMAN MARTIN: In the rear your building does abut Arnolds?
MR. CHRISTOPHER: Right .
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CHAIRMAN MARTIN: But on the extension forward you would have
clearance of two feet (21 ) ? I
MR. CHRISTOPHER: Right. j
CHAIRMAN MARTIN: And you will bring it effectively right up to j
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the sidewalk?
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MR. CHRISTOPHER: No - it would be 40 ' back, I ' ll be roughly 40 '
from the sidewalk.
I' CHAIRMAN MARTIN: Okay. Just a bit forward then of where that
l� stairway goes on up?
MR. CHRISTOPHER: Right . I would just like to go far enough to
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i� cover that stairway. I would prefer the enclosed stairway insteadi
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i' of it being open the way it is. The way it is right now it is all
open except for the roof and in the winter time it is ice, snow
and what have you. So I think it would be a lot better if I en
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closed it.
4 CHAIRMAN MARTIN: Are there questions?
Il MR. KASPRZAK: Is there any way that you can bring that wall next
� to the Arnold' s building rather than leave that 2 ' space there?
SMR. CHRISTOPHER: Yes, it would give me a couple more feet. There
are two windows there which have the iron bars on and my only
thought was he got my permission to put in air conditioning unit ,
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Iand which overhang, of course, on our driveway - on our property, i
; but I just thought if I did - leave him the room I would have less )
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ie problems , etc. but I would be glad to build up against the wall
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"s MR. VAN MARTER: The height of those air conditioning units is
lower than the height of your roof, right? j
MR. CHRISTOPHER: Right.
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'' MR. VAN MARTER: Okay, that means they are obstructed and in the
i case of an accident they couldn' t you know . . . . . . there wouldn' t
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11 be any way . . .
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MR. CHRISTOPHER: Well , those windows have bars on I don' t see
how they could be used anyhow. j
MR. VAN MARTER: Beg pardon?
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MR. CHRISTOPHER: They have bars on all the windows.
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i;jMR. VAN MARTER: In case of an accident in Arnold' s storey the Fir4
ilDepartment wouldn't have access to get in there. The windows woul
root be available.
( CHAIRMAN MARTIN: At the moment even now - you are saying?
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MR, VAN MARTER: Yes, now.
IMR. CHRISTOPHER: Right ,
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jJMR. VAN MARTER: Yes, the air conditioners come out with two blows
� of an ax, After the wall goes up there is no way to get in there.
�ICHAIRMAN MARTIN: Right .
IMR. KASPRZAK: Would that put two feet separation - do you think !
! you would have an access to it even though there weren' t . . . . ?
� MR. VAN MARTER: No, I think it is more of hazard than as if it
1were built up next to it.
� MR. KASPRZAK: Yes, well that is my point, I think it would be j
better to . . .
MR. CHRISTOPHER: No, actually my only thought was I didn't want I
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any hard feelings with them, I would rather have them leave the
air conditioning in but I could use the two feet (21 ) more than
them probably using the air conditioners .
MR. KASPRZAK: I can appreciate points that you are making but it
makes a lot of really nuisance to leave the space. . . . People will
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�Jbe throwing beer cans in there, etc. I/rather see the wall right
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j' next to the existing wall than see all this.
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MR. CHRISTOPHER: Yes , I understand. Well this is what I feel wit
the five feet (51 ) . It' s just five feet (51 ) of dead space.
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MR. GASTEIGER: There will be kids scaling up to your roof in that;
1i space.
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11 CHAIRMAN MARTIN: Are there further questions, observations?
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MR. VAN MARTER: Doesn't the present stair to the second floor
is an exterior stair - it' s of frame construction. What you pro-
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pose here is to enclose that stair from first to second. It will
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be all masonry construction?
MR. CHRISTOPHER: Right.
CHAIRMAN 14ARTIN: I think we are finished. Do you have anything
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Rfurther you want to add?
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if MR. CHRISTOPHER: Should I contact the fire chief then and . . .
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I�IICHAIRMAN T+•1ARTIN: Well I 'm not sure whether the Board will want to
'j proceed without information on that score or not. That would cer- `
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1tainly, as I read the Planning Department' s advice to us , and its
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llonly advice, that we should have that additional information before
`! we would proceed with the . . .
11MR. CHRISTOPHER: But I feel honestly, I would be less of a fire
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hazard with the room than I am right now. Because I would have moue
room to do more work and get around . . .
; CHAIRMAN MARTIN: The Board might decide that it had heard enough
Pnformation to go ahead and make a decision tonight.
JIMR. CHRISTOPHER: Okay. Thank you.
HCHAIRMAN MARTIN: Is there anyone else who would like to be heard
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lion this case? 1172?
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ii BOARD OF ZONING APPEALS
'i CITY OF ITHACA
�( OCTOBER 3, 1977
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j EXECUTIVE SESSION
APPEAL NO. 1172 :
I� CHAIRMAN MARTIN: I will move that an area variance be granted
in Case 1172 but not the one requested, The
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I� area variance requested would have permitted
a building two feet (21 ) away from the adja-
cent building, Arnold' s Furniture. The Board,Os
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area variance grant is for one which abuts
i1 Arnold' s Furniture.
i? MR. KASPRZAK: I second the motion.
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, FINDINGS OF FACT : 1. A two foot (21 ) gap between buildings
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II raises serious problems of maintenance for
1; both, which an abutting building would not .
2 . The proposed structure, as it would be
permitted by the variance simply extends for- ;
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j! ward a building which is connected to an
apartment on the east side and an abutting
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fj furniture store on the west.
�j 3. Adequate off-street parking is available
even with the proposed addition.
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VOTE: YES 6 ; NO 0
i; Area variance granted,
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44i Secretary Hoard announced the next case to be heard.
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=i APPEAL NO. 1173 : Appeal of Paul Tavelli for an area variance
under Section 30. 25 , Columns 6, 7 , 10 , 11 , 12�,
13 and 15 of the Zoning Ordinance. (these are;
minimum requirements for lot size width, and
coverage, and minimum front yard, side yard
j and rear yard requirements) to convert the olo
i grocery store at 213 South Titus Avenue to an't
i apartment in an R-2b use district. The prope$ ty
'j is deficient in lot size, width and coverage, ',
(� and lacks the required yard setbacks .
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I� MR. KERRIGAN: Mr. Chairman, if it is convenient, as convenient to!
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the Board if Mr. Travis and I use these two chairs , if we face the;
hall or whatever your pleasure would be.
CHAIRMAN MARTIN: As long as you manage then to get yourself heard
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j in the back, yes . Fine.
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'IMR. KERRIGAN: Mr. Chairman and members of the Board, I would first
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'i like to circulate some photographs as I describe. . . and I would
ie also like to apologize , I 'm not as familiar with this matter as I
! would like to be I became involved at about 3 : 00 this afternoon.
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In summary form the appeal is one of Paul Tavelli. The building
{ that we are talking about is a building that most of us , I believe '
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hare familiar with, at the corner of Albany Street and S. Titus
; Avenue, as you cross the bridge where the Real Food Coop. has been
;; for a couple of years and before that Grey' s Super Market was in
the property. I represent Mr. Mac Travis who is a contract vendee,
1although I am also here tonight in Mr. Tavelli 's absence so that
11this matter would not be delayed anymore. The lot size that we
Hare talking about is roughly rectangular. On S. Albany Street thee
11frontage is 561 , the depth is 29 - 30 ' going back toward Titus -
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lithe length, S. Titus swings a little bit away, it ' s not a perpendi-'
icular intersection with Cayuga Street, it follows the creek a little
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;bit more and it' s something like 661 . Unfortunately I don' t have
�idimensions but I think it ' s safe to say that the present building
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j! substantially covers the entire lot . The building, if I could, I 'd
like to take a couple of moments describing the history of the use
16of the building as I have been able to determine it, must of this
;!based on a number of realtors and Mr. Tavelli who is the present
lititle holder, I think there is a substantial plan for economic
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!i hardship in the course of the application for the area application!
,I that ' s being made and I 'd also like to indicate at the outset, in
addition to not being familiar with your new ordinances as I wouldil
like to be, I may also be asking for an interpretation, quite
frankly, rather than a variance and I hope the Board will bear
!i with me in terms of my lack of in-depth knowledge of your ordinanc .
11 CHAIRMAN MARTIN: But you are not asking for a use variance?
!p MR. KERRIGAN: No sir, we are trying to convert it into a two-
family home.
CHAIRMAN MARTIN: Alright.
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fMR. KERRIGAN: It has been a grocery store and it has been a non-
conforming use as best that we can determine going back to about
1920, which, I think, is prior to the effective date of any zoning;
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j CHAIRMAN MARTIN: There was some concern expressed before the Plan;
1' ning Board apparently about the number of unrelated people to whom,
space could be rented in it. You are not asking for permission to
rent to any more unrelated people than would be permissible in a
I� two-family dwelling in an R-2?
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MR. KERRIGAN: That is correct, sir.
+; CHAIRMAN MARTIN: Alright.
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I` MR. KERRIGAN: As best we can determine the store has an apartment?
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upstairs and it was a store going back to the 20' s it was operated
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s by Ed Spencer, whom some of you may know from city - his years in
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the city as a very prosperous and successful mom and pop grocery
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store apparently until about 1970 when Ed Spencer became ill and
j sold the store, sold the store to Robert Grey whom some of you may;
'I also know, who was active in this building for a great many years,
as I understand it. I did not know him. He purchased the buildin�
! in 1970 , it was continued in use, mostly operated by his son for a
P couple of years after that. Mr. Grey became ill in about 1972 ,
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'! he died in 1974. The property was operated by his son for a coupl
Iof years prior to his death and for some period, I 'm not sure how
ii long, over a year I believe , after Mr. Grey's death. After that
the son decided that he could no longer operate a mom and pop
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i{ grocery store at the property. I have no knowledge as to what the'
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circumstances were, whether it was estate finances or just the son;
ii going into another venture or changing economics in super market I
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!� business . The property then was rented for two of the last three
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years beginning in about 1974 I believe, to the Real Food Coop.
that distributed food that they purchased in a number of areas
fi throughout - in upstate New York I believe. The condition of the
property, as the photographs indicate to some extent, has deter-
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j' iorated rapidly in the past two, three , four, five years. It is
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presently completely vacant . I am advised, but I 'm not sure, that;
j; there are ten to twelve building code violations on the premises
atthe present time. In terms of the operation of the store, the
i last time the property was sold it was sold for $17 , 000. And this;
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!i would be, I believe, four years ago. A second mortgage was taken
li back by Mr. Spencer who sold the property, for some $15 ,000. This;
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jt goes back four or five years . With the failure of the Grey Grocery,
Store, the failure to pay rent I believe by the
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prior tenants to whom I refer to utilities , etc. the mortgage has
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f� been in arrears for some period of time, utility bills were not
(i paid, arrangements were made basically under which the.,.- Greys gave;
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up their interest in the property subject to a $13, 000 or $14 , 000
i mortgage balance and deeded the property back to, I believe it ' s
Mrs. Spencer, excuse me, to Grey, who, although the title is pre-
sently in Mr. Tavelli ' s name. Mr. Tavelli was the attorney for
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i� that original seller for the property when it was sold for somewhe�-e
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around $17 , 000. The owner of the property is elderly, is ill , just
didn' t want to deal with the problem and in a great many respects
and largely as a result of that Mr. Tavelli took title to the
property. He has not been involved in its operation in any sense. ,
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It is my understanding that the reason he took title was to facili
tate a transfer of the property into so that a client who operated
this store for a great many years didn' t have to go by and look ate
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his losses and look at the sadly deteriorated state of the property,
!� The property has been listed for about the last three years excuse
!; me, about the last two years in the local real estate market,
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starting at $21 , 000. This contract that we are talking about here!
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i! is for $9, 500. , $500. in cash and the balance to be held by the
title holder as a mortgage. The - in the last eighteen months and
�j I spoke with Mr. Patterson, who has been the listing broker, there;
if have been some interest in the property in terms of purchasing it
IE! over that period of time representing other clients. I have had
two clients interested in purchasing it. Neither were able to
�f obtain financing which in a property of this was, I think the bankjs
P. were unwilling to touch it for two reasons . Most of the - the two';
people that I spoke to were clients that had to borrow substantially
all the purchase price, beyond 70 or 80% without any doubt, and
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the building is in violation and I think a bank is very very con-
cerned in terms of lending someone the money to operate the store .;
The two clients that I had personal knowledge of, that discussed ii
the purchase of that building, both intended to or hoped to be
l able to continue to operate the store under what would be a non-
conforming use. Mr. Travis who wishes to purchase this building i
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now, wishes to convert� it into a two-family building, take the
store out completely so that it would comply with the existing
I` zoning ordinance. The building of course, does not come within the
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lot size requirements that are involved there, although Mr. Tavelli
in his application also indicated that there is a parking problem.
It is my understanding that that may not be the case. I believe,
as I reviewed the ordinance quickly that two parking spaces are re;-
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quired for two-family unit in this zone. I hope someone will cor
rect me if I am wrong. There is a two-car garage there now. Quit
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frankly we expect to demolish it , and I believe my client expects
ii to demolish it. The building is in need of substantial structural;
renovation as well as interior renovation as well. The expenses
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will be substantial in terms of the renovation. The use of the
property, I 've indicated to some degree some of the economics of
the property. I understand, although getting in so late, that
it there is a Planning Board recommendation - I don' t know what it isi
I 'm sorry to say - if there were suggestions in addition to that
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it perhaps I might like to have an opportunity to respond to them or
�i let Mr. Travis respond to them. I think Mr. Travis can answer far;
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j better than I the proposed building renovation plans which involve;
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ultimately a two-bedroom and a three-bedroom apartment in this
particular building. It would of course involve going through the;
building inside and out , painting.. You can see in looking at a
licouple of those photographs that I think there is a window out in
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that top left hand window, as you look at it, from Titus , right
now. The building has been an eye sore for some period of time and'
I believe Mr. Travis would remedy that problem as well. Were ther6
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any questions of the Planning Board? I
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I� CHAIRMAN MARTIN: The Planning Board' s concern was with occupancy. ]
And they recommended approval on a stipulation that has no rele-
vance if there is no use variance being requested.
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MR. KERRIGAN: No use variance being requested.
CHAIRMAN MARTIN: Now you mentioned an interpretation that you
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iwish to . . . .
MR. KERRIGAN: Yes the question that puzzles me as I reviewed this!
all too quickly, is I 'm not sure that this application is necessary
although we 've been our application for a building permit has
been denied. Under the provisions of the zoning ordinance that
speak in terms of the conversion of a non-conforming use to a use
that complys with the existing ordinance. The use is changing, thg
lot requirements, size of the uses are not changing except for the
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fact that as we expect to demolish, it would appear that there would
The more of a yard available but it still would not comply in terms !
of lot size.
CHAIRMAN MARTIN: So you would suggest it might not be necessary
for an area variance?
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MR. KERRIGAN: Yes sir.
CHAIRMAN MARTIN: Alright. Alternately you are asking for an area ;
'! variance?
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�! MR. KERRIGAN: Yes sir.
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CHAIRMAN MARTIN: Alright. Are there questions from members of th+
'i Board?
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MR. KASPRZAK: May I ask why you are going to demolish the garage, '
the structure which is a two-car garage?
MAC TRAVIS: The garage itself - the roof - the timbers are broken;
jand it ' s in quite poor shape and so it' s sort of - as you can see
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from the photograph it' s tacked onto the rear of the building and
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IISI it ' s not structurally part of it at all . We will simply take it
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j� out. It would, I think, make for more pleasant a place to park
too. It' s just a shed roof.
MR. VAN MARTER: It sets on two lot lines as it presently is con-
;3 structed, and it ' s pretty near attached to the existing building.
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MR. TRAVIS: Pretty near - itis attached.
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MR. VAN MARTER: Okay.
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MR. TRAVIS : It' s just a shed roof off the back.
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CHAIRMAN MARTIN: Any questions?
DR. GREENBERG: Excuse me. When was the apartment in the buildingl
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ioccupied or is it occupied now? When was the last time . . . ?
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MR. KERRIGAN: This building is totally vacant right now. It was
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occupied from the 20 ' s as an apartment or a residence and I am not.
sure if there was an apartment in there when the Real Food Coop.
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operated the store or not. I believe there was . Mr. Travis indi-i
cates to me that it was . So that would be until a year ago - six
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months to a year ago I think the apartment upstairs was . . .
MR. TRAVIS : I think in January - when I looked at the records
that Mr. Hoard has , I believe in January did the people get out
i because of hot water problems and that sort of thing?
MR. HOARD: Last January I think it was , yes .
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DR. GREENBERG: Family? j
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MR. HOARD: This was in the upstairs? 1
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DR. GREENBERG: Yes , yes, upstairs.
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MR. HOARD: It was a family.
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j CHAIRMAN MARTIN: Any further questions? Anything you want to add>
Thank you.
MR. KERRIGAN: Thank you.
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BOARD OF ZONING APPEALS
CITY OF ITHACA
OCTOBER 3, 1977
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EXECUTIVE SESSION
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j APPEAL NO. 1173 :
1t CHAIRMAN MARTIN: I will move that the requested area variance
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in case number 1173 be granted.
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j MR. KASPRZAK: I second the motion
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FINDINGS OF FACT: 1. The proposed reconstitution will substi-
tute a conforming use for a non-conforming onb.
2 . The proposal includes the required amount
fi of off-street parking.
3. The structure involved is an existing
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f� one and the area deficiencies are existing
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VOTE : YES 6 ; NO 0
Area variance granted.
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MR. HOARD: Now we are back to appeal number 1170 :
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APPEAL NO. 1170 : The appeal of Anthony Tzivaeris for an area
variance under Section 30. 25 , Column 11 of th�
Zoning Ordinance to construct an addition to
I the rear of the two-family house at 309 Hector
Street. The house is non-conforming in that
it is less than nine feet (91 ) from the front!
property line; a twenty-five foot (25 1 ) frond
{ yard setback is required in the R-2a use dis- 1
i trict in which the property is located.
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ft MR. HOARD: This is Mr. Tzivaeris .
CHAIRMAN MARTIN: You are making no change whatsoever in the front'
j� yard but only in the rear, is that right?
ANTHONY TZIVAERIS: Yes , correct . j
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CHAIRMAN MARTIN: In the rear you will have adequate yard after th
addition of that in terms of the problem which your property has
with the zoning ordinance nothing is getting worse? I
!4 MR. TZIVAERIS: No.
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CHAIRMAN MARTIN: Any questions from members of the Board?
CiMR. KASPRZAK: Why do you need to have a bedroom and a dining room?
MR, TZIVAERIS: Pardon me?
MR. KASPRZAK: Why do you need to expand your house?
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MR. TZIVAERIS: We have limited space right now. Kitchen is very
small and we would like to have a little bit more room for the
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kitchen and also bedroom. It ' s a porch right now - terrace like.
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?! MR. KASPRZAK: It's an existing part of the house?
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' MR. TZIVAERIS: Right . It' s 10 ' from the house.
MR. VAN MARTER: There is no use in the change no change in the
use of the house? You use it for your residence?
MR. TZIVAERIS: Yes , my residence.
MR. VAN MARTER: You have a living unit, rental unit?
MR. TZIVAERIS: Upstairs , yes .
MR. VAN MARTER: One tenant upstairs?
MR. TZIVAERIS: One tenant, yes .
j MR, VAN MARTER: One tenant upstairs , you will occupy the first
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11 floor?
MR. TZIVAERIS: Right.
�I MR. VAN MARTER: And there will be no change in that?
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MR. TZIVAERIS: No, it' s going to be the first floor.
CHAIRMAN MARTIN: Any further questions?
MR. GASTEIGER: What is the distance from the back lot line that
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�! the new construction will be?
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MR. TZIVAERIS: The whole property is 1451 .
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CHAIRMAN MARTIN: From front to back?
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f! MR. TZIVAERIS: From front to back. So I have 9' from the sidewalk
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j to the house. The house is 50 so it ' s 59 - would be from 145 -
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would be about 901 .
CHAIRMAN MARTIN: Alright.
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�g MR. VAN MARTER: 941 . f
CHAIRMAN MARTIN: 94 ' from the back of the house to the rear lot
line. Any further questions?
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MR. VAN MARTER: It brings me back to the question, I guess , oh,
front yard only.
CHAIRMAN MARTIN: Any more questions? I guess not. Thank you.
MR. TZIVAERIS: Thank you.
CHAIRMAN MARTIN: Seeing no one else out there who wishes to speak;
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I guess we will now go into executive session, asking you to
leave and then we will reconvene to announce the results.
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BOARD OF ZONING APPEALS
CITY OF ITHACA
OCTOBER 3, 1977
EXECUTIVE SESSION
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jAPPEAL NO. 1170 : ,
B
JiMR. GASTEIGER: I move that the area variance in case number
f!
i; 1170 be granted.
j MR. VAN MARTER: I second the motion.
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FINDINGS OF FACT: 1. Of the fifteen requirements of the zoning !
ordinance relating to dimensions the only ones
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that is deficient is an existing front yard j
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deficiency.
2. The proposed demolition and reconstructio
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as described does not create any yard defi-
ciency.
j 3. The testimony of the owner indicated that
these will be no change in the use of the
property.
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1� 4. The use of the property as it exists is
I' in compliance with the requirements of the
ordinance.
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VOTE: YES 6; NO 0
i� Area variance granted.
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� I , Barbara Ruane, Do Certify that I took the minutes of the Board
= of Zoning Appeals , City of Ithaca, in the matters of Appeals i
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y numbered 1170, 1171 , 1172 and 1173 , on October 3, 1977 at City Hal ,
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Ii City of Ithaca, New York, that I have transcribed same, and the
�iforegoing is a true copy of the transcript of the minutes of the
meeting and the Executive Session of the Board of Zoning Appeals,
, City of Ithaca, on the above date, and the whole thereof to the
best of my ability. j
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�6 Barbara C. Ruane
!` Recording Secretary e7
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Sworn to before rile this
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\\ day of -L� �,�.�� �ti 1977.
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Notary Public T TJTTA*�♦ T�
R TIT"]1\TLV
Notary Ycblic, State of -NeW
NJ. -'64?223
Qualified in 'i_1,jp1_'n,; Cuu.i�y
iTenn
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