Loading...
HomeMy WebLinkAboutMN-BZA-1985-11-04 TABLE OF CONTENTS BOARD OF ZONING APPEALS NOVEMBER 4, 1985 Page APPEAL NO. 1656 ALBERT E. SMITH (Short Stop) 3 200 WEST SENECA STREET If " If DISCUSSION 11 " " " DECISION 13 APPEAL NO. 1661 WILLIAM & PATRICIA BRAZO 15 602 SOUTH ALBANY STREET DISCUSSION 18 DECISION 19 APPEAL NO. 1662 413 NORTH TIOGA STREET, INC. 20 413 NORTH TIOGA STREET DECISION 27 APPEAL NO. 1663 ANTHONY AND IRENE BABBARO 28 309 EAST BUFFALO STREET DISCUSSION 36 DECISION 37 APPEAL NO. 1664 G. GARY JAYNES 38 615 WEST BUFFALO STREET DECISION 41 APPEAL NO. 1665 WILLIAM D. CORBIN 42 3 CLIFF PARK CIRCLE " if " DISCUSSION 45 " " DECISION 46 CERTIFICATION OF RECORDING SECRETARY 47 BOARD OF ZONING APPEALS CITY OF ITHACA NEW YORK COMMON COUNCIL CHAMBERS NOVEMBER 4, 1985 CHAIRMAN TOMLANX Good evening . I would like to call to order the November 49 1985 meeting of the City of Ithaca Board of Zoning Appeals. The Board operates under the provisions of the Ithaca City Charter , Ithaca Zoning Ordinance, the Ithaca Sign Ordinance and the Board 's own Rules and Regulations. Members of the Board who are present tonight are: STEWART SCHWAB CHARLES WEAVER HELEN JOHNSON TRACY FARRELL RICHARD BOOTH MICHAEL TOMLAN, CHAIRMAN TO THE BOARD THOMAS D. HOARD, BUILDING COMMISSIONER & SECRETARY TO THE BOARD BARBARA RUANE, RECORDING SECRETARY The Board will hear each case in the order listed in the Aqendum. First we will hear from the appellant and ask that he or she present the arguments for the case as succinctly as possible and then be available to us to answer any questions. We will then hear from those interested parties who are in support of the application followed by those who are opposed to the application. I should note here that the Board considers interested parties to be persons who own property within two hundred feet of the property in question or who live or work within two hundred feet of that property. Thus the Board will not hear testimony from persons who do not meet the definition of an interested party. | ! We do not adhere to the strict rules of evidence but we do � ^ page 1 - B-4-Y) MINUTES - NOV. 4, 1985 consider this a quasi-judicial proceeding and we base our decisions on the record. The record consists of the application materials filed with the Building Department , the correspondence relating to the cases as received by the Building Department, the Planning and Development Board's findings and recommendations, if any, and the record of tonight 's hearing . Since a record is being made of this hearing, it is essential that anyone who wants to be heard , come forward and speak directly into the microphones just opposite me here. The comments can be picked up by the tape recorder and heard by everyone in the room. Extraneous comments by the audience will not be recorded and will therefore not be considered by the Board in its deliberations. We ask that everyone limit their comments to the zoning issues at hand and not comment on aspects that are beyond the jurisdiction of this Board . After everyone has been heard on a given case, the hearing of that case will be closed and the Board will deliberate and reach a decision. Once the hearing is closed no further testimony will be taken and the audience is requested to refrain from any comment during our deliberations. It takes four votes to approve a motion to grant or deny a variance or a Special Permit . In rare cases where there is a tie vote the variance or Special Permit is automatically denied. Are there any questions from anyone out there, about our procedures? If not , could we have the first case? SECRETARY HOARD: The first case is APPEAL NO. 1656 FOR 200 WEST � SENECA STREET: Appeal of Albert E. Smith for a use variance ' under Section 30~25n Column 2, and an area � page 2 variance for deficient rear yard under Section 30.25, Column 143. to permit the use of the property at 200 W. Seneca Street (farmer Mobile Gas Station, now "Bottle Bert's") as part of the adjacent Shortstop Grocery-Dela operation for the return of deposit beverage containers. The property is located in an Ria (Residential-Multiple Dwelling) Use District in which the proposed use is not permitted; therefore under Section 30.57 the appellant must obtain a use variance for the proposed use and an area variance for the deficient rear yard before a building permit or Certificate of Occupancy can be issued for the proposed use. This appeal was held over by the Board from the October 7, 1985 meeting. CHAIRMAN TOML_AN: Welcc�me o-vic:e again. MR. SMITH: Hi ,.,. tly riarfie i.s %;.i.l:}E;r t: E., SmithiN l "in t1"}1:: C:,1:ti t{,} t,t- -the }l-oper'ty at 200 W. Seneca Str'c?etw MY wife Ci.'ridy and I i ey1..11=?st f:7'f a LASE? Viaf"J arice that wot..11d allow us to t_1ce 200 West o_.Y'1eC:iX Str'fe?et ill t'il..t'i" '"'nhortc t':C'!1-_} DPI. . is C?1.tr 1.ritl:?nt to of--lent <.-al(:::s at 204 West Seneca Street and tr.., (:?r ient b(.-3 t:t le . _ ,..�._ .. r4..._. .. S .._. c}.i"}i:j C:ct Y i ("E?C F?(n�)'t':i.{.:+ri t-t i_..•_>{.i West. :_a 4:?t t k?C:cl ,:r .t e e : .. tl ti-? :7 C,'t;t l{s' defl-gvt::tt:}Y'i t11.5s:Gnessv which 4,3te call Bottle .er r s!, Cari V.-say foi"" he expenses of E100 West ',.'.ierw:ca Btree't_ {:u-c 'riet: }::}f`l;'# `tts .from t)ottle f`edempticti} aver-ages. $1 ,270.00 ,er mont;1-1 pl1_ts C,(.I.r profits. Ott the ?shCJf.-t_...t0P, acl:_C�l_lf'it•_it}1e t;a redl:_fn }tiaf7 tr'af-fic � a•!er c�F-,=. :L , 1 {i�{X) �TI"tis 5 tt::,t:ei�. i'!et (fiC�i"itli ! ..}i"'C}i' 7.'t; C:c... L..��,.:._f.}..{}(,) c; •a- s_. .. .', 1.. !" ? .. _ a._ r#i`�C.�t�..i t hi a ri t:I-i e fn f I ri t h 1.';% mc,r•tgi-tge and pf"c,perty t:a,: e-.-tp 'af'ise f:j'f 200 West. sef'tec.a street t<`hicl-i 7.s #. M2':f{'1„ti{?, I 200 West �:.'feiie:.'C:a Street: was tCj be i..tsed asi a f-e<:�if:1r�`r}f_:f•:� as al .l.{{trseCi Zone!, df::tt_lt}le f.,l... a l:!"}-i-(z--e 1..t n i t t.,1_1 i. l d i nc.? C::o t_t l d be t)u i. l t „ t"1p o n r_:o ri s t_11 t i.ng s`l i't:h D i c 4; Pat'tecsf{fi of Pattc-ev-son Realty, it was detef-mi.-t-ted that ttie page 3 - BZA MINUTES - NOV. 4, 1985 greatest return could be realized from building a three unit building with each unit having three bedrooms. Having three unrelated persons living in each unit paying $200.00 a month each, could generate a gross rental of $1 ,800.00 per month for the property. I asked Steve Hovanec , of Hovanec Builders to give me an estimate of what it would cost to build this building . Attached is a copy of his estimate which totals $232,600.00. This amount amortized over a twenty year mortgage at a 10% interest rate would create a monthly note payment of $2,246.00. This figure added to my present mortgage and tax expense for this property would give me a fixed monthly expense of $3,616.00. Monthly losses on this project would exceed $1 ,800.00. Even if a building could be built for one half the estimated amount the project losses would be substantial . Over the last couple of months I have taken the opportunity to speak with my Shortstop neighbors concerning bottle and can redemption at 200 West Seneca. Attached is a petition which reads "We the undersigned have no objection to Al and Cindy Smith using 200 West Seneca ' Street in their Shortstop Deli/Bottle Bert 's operation. " This petition is signed by a majority of all the property owners ' within 200 feet of 200 West Seneca Street . 100% of the property ` owners that live in the neighborhood signed this petition. At the BZA meeting on October 7, 1985 a speaker to the board stated that it was obvious that I did not care about my neighborhood . This individual does not own property within 200 feet of 200 West Seneca Street nor does this individual live in the neighborhood . My wife, Cindy, and I believe that we are good neighbors. Over page 4 ' / BZA MINUTES - NOV. 4, 1985 � ' the last seven years the Shortstop has served a multitude of ' functions for our community, from serving as a tourist information stop, to a temporary refuge for people in distress. The Shortstop has donated thousands of dollars in money and food to neighborhood churches, the Salvation Army, the United Way, the Ithaca Neighborhood Housing Authority and other local organizations and colleges. We have sponsored teams in youth hockey, youth bowling, youth basketball , youth soccer , boys . basketball , girls softball and a mens slowball league. In the summer of 1984 we sponsored a mens slowball team under the name of Bottle Bert 's that went on to win a Class C National Championship. I have personally coached teams in youth soccer , youth football , youth basketball , and youth baseball . We have been a gallery for Central School artists. We ran a anti-drinking and driving article in the paper and posted it in the store. This past April , I received the James Gibbs Memorial Award from GIAC and Southside Community Center . This award reads . "For outstanding support and contribution to the Ithaca Community given this 26th day of April 1985. " This award does not come from the neighborhood where I live but from the neighborhood where I work . Both 200 and 204 West Seneca properties have been used commercially since the 1950's. When we became involved with 204 West Seneca Street in 1978 the laundromat that had been there for over 20 years had been closed for almost an entire year . We had to replace over 400 square foot of broken window glass. When � we purchased 200 West Seneca Street in the summer of 1983 the gas station that is there was boarded up . We are the first to admit . ` page 5 ' ^ BZA MINUTES - NOV. 4, 1985 . that the redemption business is not 'pretty' to look at . We are ' trying to find ways to make it look less messy. One way was to build a $1 ,200.00 fence to hide our garbage containers. Although ` . we own Bottle Bert 's, it is not just my wife and I that stand to ' lose or benefit from the decision of this Board. Betty McGrew is under management contract for Bottle Bert 's. She runs the daily operation and in doing so employs five people. We have taken two ' empty commercial buildings, and turned them into working operations. Not only do we depend on them financially but so do ' twenty-two employees. From the summer of 1981 until this past ' February, Cindy and I operated an unsuccessful store on Third Street . Over the next five years we will be paying out four to five thousand dollars per month from our West Seneca Street ' store. We need money generated from bottle and can redemption for these past bills and our present bills. If we are not ' allowed to use 200 West Seneca Street it could lead to our losing ' both 200 and 204 West Seneca Street properties. . CHAIRMAN TOMLAN: Thank you for that thoughtful and thorough ' statement. I would ask you, if you could, to submit it for the ' record? It would be a lot easier than our trying to go back and . listen to the tape, closely, to see where the punctuation is. ' MS. FARRELL: Could we pass around the petition too please? MR. SMITH: Here is the original , a copy is attached . CHAIRMAN T0MLAN: Questions from members of the Board? MR. BOOTH: Is the builder 's estimate attached to this? MR. SMITH: Yes it is. MR. BOOTH: When you asked for this building specification, did . page 6 ` BZA MINUTES - NOV. 4, 1985 ' ° you simply give the building contractor a size of the building, . did you specify any details? ' MR. SMITH: Well we sat down, he had a site plan, as far as the dimensions of the lot and he looked at what was there as far as . tearing it down and, I 'm not sure, we don' t have the architect 's ` ` rendering of what the building would look like or specifics. ^ MR. BOOTH: Do you know how many floors it would be? . MR. SMITH: I don' t know. I can' t picture putting it on the lot . ^ I don' t know where I could park enough people to build an apartment house. . MR. WEAVER: Well , Dick , there might be an indirect answer to ' that . The dimensions of a building forty by thirty-four gives you thirteen hundred and sixty feet . If there are going to be ' three bedroom apartments each, I would assume it is going to be a ' three story building . , CHAIRMAN T0MLAN: But you didn' t get into the specifics of ^ whether it is concrete block or frame or exactly what? ' SECRETARY HOARD: If it is a three-story building it can' t be masonryconstructlon, woodframe. So that would make it questions? CHAIRMAN l[0MLAN: Further questions? Thank you Mr . Smith . Is there anyone who would like to speak in favor of granting this variance? Come forward if you would . ' MS. MCGREWc My name is Betty McGrew and I am manger of Bottle Bert 's at present . I 'm hoping a variance will be passed, it would put me out of work and three other full time people and one part time person - people that I do have employed - it is their livelihood , there is not other income in their family. I myself page 7 ' BZA MINUTES - NOV. 4, 1985 would like to see it passed . CHAIRMAN TOMLAN: Questions? Are these full time folks? MS. MCGREWz Yes. There is three -full time plus myself which would be four and then one part time which I am hoping to increase their hours by another day a week , they are working one and one-half days a week now - about fifteen hours. I am hoping we can increase that person. CHAIRMAN l[OMLAN: Further questions? Thank you ma' am. Is there anyone else who would like to speak in favor of granting this variance? Come forward. MR. GALLAGHER: My name is Bill Gallagher and I live at 223 North Albany. I am in favor of granting this variance because of the jobs involved in this situation because I have seen the Shortstop act as an oasis on the commercial strip which is occupied right now and I am confident that Al is a good neighbor and something beneficial to the neighborhood . I have watched him grow and have seen his business and I feel that something in that part of town which has the hours it does - it keeps the street alive and puts a little bit more life in the neighborhood and I feel that it is unrealistic for the size of that block to build , with a ' reasonable return and I am confident that Al will , in keeping with his past endeavors, seek to improve that particular corner . ' And get the most out of that property whi le keepi/1q it a ' ` successful commercial venture. CHAIRMAN TOMLAN: Questions? ' MR. BOOTH: An oasis in what sense? ' MR. GALLAGHER: I 've witnessed instances when people who wi l l be . ` page 8 BZA MINUTES - NOV. 4, 1985 out on the streets will seek the Shortstop as refuge from potentially dangerous or harmful situations and I personally, living very close by and keeping odd work hours, get over to the Shortstop frequently and I have seen that it does act as a safe harbor for the neighborhood . And the neighborhood which is much more expensive than the two hundred feet surroundiog that property. CHAIRMAN TOMLAN: Further questions? Thank you. I believe there is someone else out there. ` MS. GALLAGHER: My name is Gina Cacchetti Gallagher , I live and own the property at 223 North Albany Street . My husband and I have lived within two blocks of the Shortstop for the last five years. Fifteen months ago we purchased the property at 223 North Albany Street and my personal opinion is that I do not want to see a multi-unit - rental unit for students or other unrelated individuals going at 200 West Seneca Street . That is one of the reasons we became property owners. We were tired of living near students. Al has demonstrated that he is an excellent businessman and really cares about the neighborhood . I have seen him on more than one occasion out there picking up trash that � people leave, regardless of the trash can that is right outside the door of the Shortstop, picking up trash himself to make sure that the neighborhood does stay neat and clean. Our house is one block from the Shortstop , therefore a block and one-half from Bottle Bert 's so I know the kind of activity that it engenders on ' the block . It is one of the reasons we chose our home, is there was an active street on it . One other thing I wanted to mention ' page 9 ^ ` _ -- BZA MINUTES - NOV. 4, 1985 is having lived within the property, the 200 West Seneca Street property, for so many years, we have seen it go from a Mobil Station to a boarded up Mobil Station to a viable business and I would like to see it remain that way. Thank you. CHAIRMAN TOMLAN: Any questions? Thank you Gina. Is there anyone else who would like to speak in favor of granting this variance? (no one) Is there anyone then who would like to speak in opposition to granting this variance? (no one) That being the case it is ours. page 10 ' � - _ _-_' ---~---_----_ BZA MINUTES - NOV. 4, 1985 DISCUSSION ON APPEAL NO. 1656 200 WEST SENECA STREET MR. SCHWAB: It strikes me this is the type of dollar and cents evidence we are after in a use variance. I see almost no way to . double check it . On its face it seems to indicate, very ' obviously he wants to continue as profitable with Bottle Bert's and it would seem not to be as a three-story given construction. I don' t really know how to get behind those numbers. CHAIRMAN TOMLAN: It really may not be possible. MR. SCHWAB: Yes, he seemed to make a good faith attempt to ask a ' builder what it would cost to stay within the building code and ' could it be a viable return, with the answer apparently being no . ^ How reliable that is, I 'm not doubting good faith at all . I , think it is impossible to access, I think - I 'm inclined to ^ accept it . CHAIRMAN TOMLAN: Further thoughts? MR~ WEAVER: On the construction cost, at fifty dollars a foot , ' masonry building, that comes out to two hundred and four thousand so it doesn' t seem to be wildly exaggerated in any direction. ' MR. BOOTH: It seems to me the rents may be a little low as ' projected but they are not terrible low. MS. FARRELL: Six hundred dollars (unintelligible) . MR. BOOTH: I 've been in a lot of apartments in recent weeks, and that 's a good price, in a lot of Ithaca, let me tell you. They are not out of line, not totally out of line. CHAIRMAN TOMLAN: Helen, any thoughts? You seem to be relatively ' satisfied? page 11 ^ ' BZA MINUTES - NOV. 4, 1.985 MS. JOHNSON: Yes. CHAIRMAN l[OMLAN: It looks like we are coming closer to a motion. page 12 ` BZA MINUTES - NOV. 4, 1.985 DECISION ON APPEAL NO. 1656 200 WEST SENECA STREET The Board of Zoning Appeals considered the appeal of Albert E. Smith for a use variance to permit the use of the property at 200 West Seneca Street (former Mobil Gas Station, now Bottle Bert `s> as part of the adjacent Shortstop Grocery-Deli operation for the return of deposit beverage containers. The decision of the Board was as follows: MS. FARRELL: I move that the Board grant the use variance requested in Appeal Number 1656. MR. SCHWAB: I second the motion. FINDINGS OF FACT: 1 ) It appears that the owner would suffer financial hardship if he is not allowed to use the building as proposed and that is based on his testimony and estimates that he gave the Board . 2) The property was previously used as a service station, a grandfathered use in this zone, it has not had a use consis- tent with this zone for many years; therefore the proposed . use would not seem to change the character of the neighbor- ' hood. 3> Several neighbors within 200' of this property support the . proposed use. VOTE: 6 YES; 0 NO GRANTED page 13 SECRETARY HOARD: 11-)e rsex t Appeal is APPEAL NO. 1657 FOR 714-712 WEST COURT STREET: Appeal of Louis O. Nezvesky for an area vari- ance for deficient lot size, and deficient setbacks for the front yard, one side yard, and the rear yard, under Section 34.25, Columns 6, its 139 and 14 of the Zoning Or- dinance to permit the subdivision of the lot at 714-712 West Court Street (Gadabout Trans- portation Services Inc. , and Ithaca Small Animal Hospital ) , into two separate parcels. Approval was given by the Hoard of Zoning Appeals for zoning deficiencies associated ' with a subdivision scheme that was subse- quently rejected by the Planning & Develop- ment Hoard. The appellant is now returning with a different scheme that requires a different set of variances. This appeal was held over by the Board from the October 7, 1985 meeting. Is there c.i)'l.j orse h(i-re tl i i s appeal"?"? {Y"t(:j one) The sto'r v I q(-_-+t .ft-C..'m ;10-f-) Meigs. this afternociri is that the PIF.tr)r)i.r)q Board h..:tve :mjr"eet:'1 to g(:i witt"t -t;1decisi(:-�r4y tt(:}vjk er" a tt'1::%y lydi .t ve t C} C:CM)fi•.' t:)8 C:t:: '('0)... a )..i e tN ; V i.s i t:?)")n T{")e y will h;::1 v e to )...e c't p p 1.-,./ 'for" sui:)d:ivisi(:?r"1 be(:::at_tse '{;heir" or"igirla1 st_tbd:1 ,(iS':1.or4 `" 't:t"tk: t:! Ft)t_;r" ot;1")er s.ct")eiiie.. page 14 BZA MINUTES 11/4/85 - APPEAL NO. 1.661 SECRETARY HOARD: The next appeal is APPEAL NO. 1661 - 602 SOUTH ALBANY STREET: Appeal of William and Patricia Brazo for a Special Permit to operate a barber shop as a neighborhood commercial facility at 602 South Albany Street under Section 30.26 of the Zoning Ordinances and an area variance for deficient off-street parking, lot size, excessive lot coverage and deficient setbacks for two off-street parking, lot size, excessive lot coverage and deficient setbacks for two front yards and the rear yard under Section 30.25, Columns 4, 6, 10, 11 , and 14. The barber shop was established at this address twenty years ago as a home-occupation. The owner-operator no longer resides at this property therefore the appellants must obtain a special permit for the use and an area variance for the listed deficiencies to permit the continued existence of the barber shop at this location. MR. BRAZO: I "m Bill Brazo a"d I am appealing for a special permit for the place at 602 South Albany Street for the barber shop. MRS. BRAZO: And the area variance for the listed deficiencies to permit the continued use and existence and I don" t really know what else you want to know q I guess maybe we should have had More, YDU"ve got petitions, I think everyone has the petitions that were signed by everyone within BWD hundred feet except , I think three people. We have a letter in favor . No neighbors seemed to mind - there was no problems. MR. SCHWAB: To refresh my memory, you used to live there but you are no longer living there? MRS. BRAZO: Yes. CHAIRMAN TOMLAN: As I went down the list - 203, 205, 1 noticed 207 was missing . Was there any particular reason - on Wood Street? I was just trying to account for all the neighbors, I suppose. Page 15 '-------- BZA MINUTES 11/4/85 - APPEAL NO. 1661 MRS. BRAZO: Yes, okay, just a second , let me get the one that is here. CHAIRMAN TOMLAN: Your side of the street , third house down. MR. BRAZO: It is on the other side. We are on the even. CHAIRMAN TOMLANz Yes, that 's right, sorry. MRS. BRAZ0: 207, okay, Olivers live at 208. . . CHAIRMAN l[OMK-AN: Right , opposite the Olivers. It doesn' t matter , I was just noticing. . . MRS. BRAZ0: I don' t see any 207 here. CHAIRMAN l[OMLAN: That 's what I was asking . SECRETARY HOARD: There is no 207. MRS. BRAZOc I dorCt think there is. MR. BRAZO: It is an empty lot. CHAIRMAN 7[OMLANz I see. Well , that solves my problem. MR. BOOTH: You are going to continue to operate the barber shop? MR. BRAZO: Yes. MRS. BRAZO: As far as hardship is corncerned , it is our living . SECRETARY HOARD: This is a special permit they are asking for . MR. BOOTH: But they also need an area variance? ' SECRETARY HOARD: Yes, and the area things would be tied in with the special permit. MRS. BRAZO: Does everybody have this (unintelligible) ALL BOARD MEMBERS: Yes we do , thanks. CHAIRMAN l[OMLAN: Any further questions from members of the ' Board? ^ Page 16` BZA MINUTES 11/4/85 - APPEAL NO. 1661 MR. WEAVER: Procedural - other than mentioning the area deficiencies, do they have to be approved because of the non-conforming use in a special permit? SECRETARY HOARD: This is more of a change of use. If it had been a home occupation, then I would say no, but it is a. . . MR. WEAVER: You can' t lean on that, therefore, it is a change of use, all right . MR~ BOOTH: You are saying it is changing from a Home Occupation to a neighborhood commercial facility. SECRETARY HOARD: A neighborhood commercial facility, yes, which could, in some cases, be something more elaborate like the Bryne Dairy, which is considered a neighborhood commercial facility. MS. FARRELk-: It is? SECRETARY HOARD: Yes. MS. FARREU_L: That is interesting, the Shortstop isn' t . MR. WEAVER: The Shortstop might have preceeded that particular permit . SECRETARY HOARD: Yes. CHAIRMAN l[K]MK-ANc Further questions from members of the Board? Thank you. Is there anyone else who would like to speak in favor of granting this variance? (no one) Is there anyone who would like to speak in opposition to granting this variance? ` SECRETARY HOARD: Special permit . CHAIRMAN l[OMLAN: Special permit, excuse me, you are right . Fine, then it is ours. page 17 �ZO MINUTES 11/4/85 -- APPEAL_ NO. 16?!*al DISCUSSION OF THE BOARD – APPEAL NO. 1661 602 SOUTH ALBANY STREET MR. BOOTH: This. is clearly a use conteinpIRted by the definition'? SECRETARY HOARD: Yes. MR. WEAVER: Well , by its mere survival for Uiat inany yc-,-ays, Mhether- it is LAsefud. tc., ti te -neighbochc-xid dc.:sesn:' t need to have too MUCI i EAf-gU(T1eY-ft j.Y1 i is 'faVC)T.. . MR. BOOTH: Maybe it v,1-J. 11 b(-.e a historical CHAIRMAN TOMLAN: Almost but nc-'t quite. MR. WEAVER: Heav(-3n fc-bid . page 18 BZA MINUTES 11/4/85 - APPEAL NO. 1661 DECISION ON APPEAL NO. 1661 602 S. ALBANY STREET The Board of Zoning Appeals considered the request of William and Patricia Brazo for a Special Permit to operate a barber shop as a neighborhood commercial facility at 602 S. Albany Street . The decision of the Board was as follows: MR. WEAVER: I move that the Board grant the Special Per/nit requested in appeal number 1661 . MS. FARRELL: I second the motion. PROPOSED FINDINGS OF FACT: 1 } By personal observation and history of the business, it serves a vital service to the immediate neighborhood. 2} The deficiencies, that is: setbacks, lot size, etc . are not exacerbated by the granting of this permit and it maintains a status quo . 3> The response from their survey is all positive - we've received no negative responses from the neighborhood . 4> By demonstration, the use is compatible with the rest of the neighborhood . VOTE: 6 YES; 0 NO SPECIAL PERMIT GRANTED page 19 BZA �-11NLJTES 11/4/85 --- APPEAL NO., 1662 ECF�E]­( next appeal. isi: APPEAL NUMBER 1662 - 413 - -)R Y H 0�)R D-; Jhe NORTH TIOGA STREET: Appeal of 413 North Tioga Streets Inc. for an area variance for deficient lot size and width, and de- ficient setbacks for the front, side, and rear yards, to permit the conversion of the second floor apartment at 413 North Tioga Street to of- fice use. The property is located in the C-SU (Courthouse, Special Use) District in which offices are permitted; however under Section 30.57 the appellant must first obtain an area variance for the listed deficiencies before a building per- mit or Certificate of Occupancy can be issued for the conversion. MR. McNEILL: I 'm V".eith Mct%le-.ill , Pr esiderit of 413 No.(--th Tiocla Street-, Inc . O-n behalf of the Co-i--poratio-n we ar-e -e(_1jjeStij7,.g V L -1 sec-(--f-id sto.f.-v C­ffice k.Ase. We desire to obtain an we i.Ar-iderstRnd that vie cxwiply under for C(..n.ky.-t Hi.m..kse USH--'e and the VItE..? leas'.- fol..ty­ spaces., directly ac'i­os�z., the sty-eet and t1--ir-ee or- behi-f­id the btl.d-, fail t(..' orily -.io lan"d scjLtare footac.:.je and distance i::ln each side whic:1-1 I isi v b e e r j n existenc-e' and I say th.is -"fc'A(7--et-.tc,t.A-Li-,./,., I st_tppose forev'e-f- . We havcm a let:tel... J.'rom Dr . acJ70sl., ti-le the Parking. 1 wo k_i I d 1 *5.ke to read tl,a t and it . I-i dat(­.-s it O(..:tc:,ber- 31s.tj, Whom it M .I,./ Cr-,rc:er*1-I I h i-_ j.s t ger :4. fy t-hat a.e a-rill be iw..,re (_0'f_St'J.Y"1LJFr� 0-f-i with BZA MINUTES 11/4/85 - APPEAL NO. 1662 the leasing of spaces in our parking lot to the tenants at 413 No . Tioga Street, in the same manner that former owner Mr . Keith McNeill has done over many years. We have absolutely no objections to the rezoning proposals of Mr . McNeill and the new tenants. We have found them to be excellent neighbors and a credit to the neighborhood , which we all have taken great pride and care in over the past 25 years. In this time we have upgraded old and abandoned houses and established one of the nicest blocks in the city. The request has my total support . Cordially, /s/ Robert W. Baker , DDS,MS" I am still the owner , not the former owner yet . We have the signatures of owners of nine of the seventeen property owners that were within the two hundred feet, advising that they have no objections to this use, two - Randolph and Hasser - advise they have no objection but don' t sign papers such as these, four - Sherman, Fabrizio, Speilman, Schwartz - were not contacted because primarily time limitations. Nor were the two churches since that would have required a Board meeting, though I am certain they find no objection to the block , when they park their cars in Dr . Baker `s lot on religious . holidays. We desire to transfer the property and not to ' (unintelligible) to a Real Estate firm which is the reason for seeking the variance. As far as occupancy is concerned . with the Weaver , Banfield and McNeill occupancy and before ' that the Weaver , Schemp and McNeill occupancy, we had ni/ve to ten employees with two dentists upstairs. The new PAGE 21 BZA MINUTES 11/4/85 - APPEAL NO. 1662 occupancy has no intent to exceed approximately that same number . The present buildings in the block , the Baldini , the Baker , several buildings of Dr . Bakers, the Seldin, Tavelli , McDermott building, have the same general type of occupancy now and we actually see no difference in this request for the variance. CHAIRMAN TOMLAN: Questions from members of the Board? MR. SCHWAB: Would you be parking cars behind? MR. MCNEILLc In all probability not, because we have to comply, as I understand it from Mr . Hoard, with at least one space for each of five hundred square feet and there is about eleven hundred square feet on the first floor and approximately eight hundred on the second, about nineteen hundred so we will only need four spaces. So at the present time we don' t contemplate the use of the back , although it exists. CHAIRMAN l[ONLAN: I 'm curious about the conditions or reasons why the couple who has been there so happily for the last sixteen years are leaving? MR. MCNEILL: I 'm glad you asked that question. Because in . the spring we contemplated the sale of the building and they ' ` didn' t know really what was going to happen, so they decided ` to build a building up in Commonland . They probably should have done it years ago because they are lovely couple of teachers but they have been so happy there and they didn` t know what the change might be, whether we would sell or whether we would remain the owners so they decided to go out PAGE 22 BZA MINUTES 11/4/85 - APPEAL NO. 1662 andI wish I had brought them with me tonight because they would tell you how much they enjoyed the sixteen years on the block , with the present occupant . MR. BOOTH: Any idea what kind of use will be going in on that second floor? MR. MCNE I0Lc Offices, meeting rooms, etc . MR BOOTH: What kind of offices? MR MCNEI0L: Real estate. MR. D9OOlFHc Real estate. MR~ MCNED0L: Yes. Which is the same as we have had next door and in Dr . Baker 's place. CHAIRMAN T0MLAN: Do we have copies of the letter from Ur . Baker? MR. MCNEILLc No , but I will be more than happy to leave it here with you. CHAIRMAN l[OMLAN: If you would . MR. WEAVER: Would either you or the Chairman read it again please? MR. MCNEILL: Dr . Baker 's letter? ' ��. ������� No, not the commercial but the - just the parking - what he was going to furnish and would continue to furnish. MR. MCNEDLL: He stipulates that he will be more than happy ' ` to continue on with the leasing of spaces in our parking lot ` to the tenants, in the same manner that former owner Mr . Keith McNeill has done over many years. ^ ^ PAGE 23 \ BZA MINUTES 11/4/85 - APPEAL NO. 1662 MR. WEAVER: Well I am trying to get the numbers straight here. Our worksheet says five required and you are talking about you have been rentinq four , is that correct? MR. MCNEILL: We have been renting four at the present time. MR. WEAVER: You also have a parking space behind the. . . MR. MCNEILL: Correct , three to four spaces behind the building that we've never used for parking at the present time. MR. WEAVER: Would there have to be any construction or any right-of-way made or anything? M0. MCNEDLL: There would have to be a right-of-way across Dr . Baldini 's property in the back - he has behind his building - there is a driveway in. MR. WEAVER: Does it now exist? MR. MCNEILLc Not the right-of-way, no . Dr . Baldini 's dentists do park there. Now, may I go back to your question about where would the five. . . M0. BOOTH: You have it here in your application - proposal is to lease five spaces within five hundred feet . . . ` MR. MCNEI0L: That' s a typographical error if it is because it only requires four and we have four at the present time. ` MB. FARRELL: It also says, requires five spaces, in our ' worksheet . ` MR. WEAVER: Well , but please look at the off-street ^ parking, the second space - in other words, office and residential zone. It says one apartment , and two but I BZA MINUTES 11/4/85 - APPEAL NO. 1662 don't know why there is a two requirement for the one apartment . ' MR. MCNED0Lz I 'm sorry, I 'm not reading off of the (unintelligible) it says we also have four leased spaces on the second page of the application. I 've never specified five. MR~ WEAVER: Okay, that was existing Tom. SECRETARY HOARD: That was existing . MR. WEAVER: Yes, but at five hundred square feet , that comes to a five requirement on the existing offices? SECRETARY HOARD: Will there still be one apartment in the basement? MR. MCNE3K-L: There is one in the basement , yes. SECRETARY HOARD: So that requires one space. MR. WEAVER: Okay, so five. . . SECRETARY HOARD: And then we have nineteen hundred square feet of office space divided by five hundred is four spaces so you need five spaces total . MR. WEAVER: So we have - clearly have a requirement for five? SECRETARY HOARD: Right. MR~ MCNEIk-L: That should be no problem. CHAIRMAN T0NLAN: Further questions? MR. SCHWAB: Why do you prefer to park across the street ` rather than right behind? . MR. MCNEILL: Because of the need to negotiate a right-of-way through and it is not quite as accessible to go down along PAGE 25 ' BZA MINUTES 11/4/85 - APPEAL NO. 1662 the creek, if you are familiar with it , the creek runs along , Dr . Baldini s building and we have to come down that side . street which is not a one way, but it is a one width street ` ' so we would have to get in there and get out again. With Insurance Agents and also with Real Estate Agents who are on . the move most of the day, it is easier to go across the ' street and park thiAn to go behind the building . MS. FARRELL: So you plan to rent the four spaces, but the . letter doesn' t really specify the number . MR. MCNEDLL: It doesn' t - we have the four still . MR. WEAVER: A coviditional granting, it seems to me, would . take care of that . CHAIRMAN TOMLAN: Further questions? MR. MCNE%LL: I might add, the dentists park back there now. We just never requested that right-of-way. CHAIRMAN WEAVER: Thank you. Is there anyone here who would like to speak in favor of granting this variance? (no one) Is there anyone here who would like to speak in opposition to granting this variance? (no one) In that case, it is ours. ` ` ` ^ ^ PAGE 26 ^ � � �� .^/ . BZA MINUTES 11/4/85 - APPEAL NO. 1662 DECISION ON APPEAL NO. 1662 413 N. 7[IOGA STREET, INC. The Board of Zoning Appeals considered the request of Keith McNeill for an area variance to permit the conversion of the second floor apartment at 413 N. Tioga Street to office use. The decision of the Board was as follows: MR. BOOTH: I move that the Board grant the area variance requested in Appeal No . 1662 . conditioned upon the appellant providing ' five (5) parking spaces, either on the property or by leasing them within 5007 . of this property. ' MR. WEAVER: I second the motion. PROPOSED FINDINGS OF FACT: 1 > The proposed use is consistent with the character of the neighborhood. 2) The existing deficiencies are a result of the location of the existing building and would be extremely diffi- cult for the owner to correct . VOTE: 5 YES; I NO AREA VARIANCE GRANTED W/CONDIl[ION ^ PAGE 27 ' Z-?ZA MINUTES 11/4/85 '-' APPEAL l'O. 1663 SECRETARY? HOARD: The next appeal is APPEAL NO. 1663 FOR 309 EAST BUFFALO STREET: Appeal of Anthony and Irene Babbaro for an area variance for deficient lot size and rear yard setback under Section 31.25, Columns 6 and 14 of the Zoning Ordinance to permit conversion of the two-unit apartment house at 309 East Buffalo Street to office or retail use. The property is located in a B2b (Business) Use District in which the proposed use is permitted; however under Section 30.57 the appellants must first obtain an area variance for the listed deficiencies before a building permit or Certificate of Occupancy can be issued for the proposed conversion. MR. SULLIVAN: My name is Bill Su:llivan, I have an affidavit of service that I called the Building Commissioner about, I rteg1.fisc led to file it . There is a :listing there, by addrea=s and nr."if'17e of ever'',r4:,oi:i'`t that was Siserved, with h a copy of the notice attached to it . MR. BOOTH: What is, in the notice ' MR. SULLIVAN: The notice says -" we sent the whole le appeal to the neighboring property owners together with the form notice provided by the Building Commissioners sayings see attached appeal , five or six page appeal , whatever the r;d.crrber" was. So all the neighbors received exactly the same thing that was filed with the Building Department , I 'd like to introduces first of all , Mr .. Babbaro and Mrs. Babbar o q they are here tonight , they've owned this property for many year...<_;, in fact when theay bougQt the property, the property oper...t,.y was in its existing condition, as it is now. If you will. look at the survey which is attached to the applic_atioi, form, there is a drawing which shows that the building comes up to the rear of the o l d Crescent Theater . There .t PAGE 28 � BZA MINUTES 11/4/85 - APPEAL NO. 1663 / virtually six inches, maybe, between the two buildings, and ' that 's been in that condition since the '50's, well before ' the time that the Babbaro's bought the property. At the � . present time the property is used and leased as apartments, ' it has been in that condition since the time that Mr . and ' Mrs. Babbaro bought the property. Some time this past year . they began to experience problems in leasing the property. The leases expired - at least downstairs - in May and at that point, from then on up through October , the property was vacant . The downstairs parcel is now rented but there has been a loss of about six months rent. I think it is more than coincidental that the air conditioning units which were installed during the renovation of the Old Crescent Theater into an office building, these air conditioner units making the noise they make, sounding something like a jet . plane getting ready to take off, and I have a couple of ' reports on that that I ' ll share with you in a few minutes, that those air conditioning units, being located right, ^ literally off the back porch of the property, created a problem in terms of leasing the property. When those shut down for the winter , things get quiet and the perspective tenants, this is not a problem. During the summer when those are going, it is a problem. Mr . Babbaro has discussed the matter on several occasions with Mr . Hoard. Mr . Hoard ' ' has referred him from time to time to the Police with the ' idea that perhaps they could have a decibel meter of some ' sort measure the sound. I 've got two police reports that ' PAGE 29 BZA MINUTES 11/4/85 - APPEAL NO. 1663 were made, one on August 19, 1985 by Officer Vallely and the other on September 28, 1985 by Officer Yetzer . In each of the cases the officer involved concluded, as an opinion, that the amount of noise generated by the units may be acceptable in the daytime during working hours, but would be excessive in the evening and nighttime hours, that 's the words of Officer Valleley on August 19, 1985 and on September 28, 1985, Officer Yetzer found that the noise from the air conditioning unit certainly would be disturbing to anyone living in the apartment. Now I ' ll pass those around and make those part of the record here. What Mr . and Mrs. Babbaro are seeking to do, the property is in a business district , B2 district , and they are seeking to use the property in accord with the Zoning Ordinance, as I understand it , because of the existence of the porch , which backs up to the other building, a variance is necessary to use the premises for other than apartment uses. Now given the district in which the premises are located , there are no parking requirements - we are really dealing with the question of lot size and rear yard setback requirements. The lot size is about two hundred and fifty feet deficient , it requires about twenty-five hundred feet, and there is about twenty-two hundred and seventy feet of lot size and the rear yard setback requires ten feet and there is nothing. In the particular neighborhood this property is located just east of Patterson's Mobil Station on the corner of Aurora Street and Buffalo Street . It is the first house ' PAGE 30 BZA MINUTES 11/4/85 - APPEAL NO. 1663 on the right going up the hill . From an access standpoint, from a public safety access standpoint , there is really no Problem in reaching virtually all of the building, either from the uphill side, that is from the east side of the building where there is an elevated driveway to the east, at the property just east of the building, or from the west from Patterson`s Gas Station which is now separated from this building by a large parking lot . There used to be another building which was torn down and Patterson's made it into a parking lot . There are some real financial problems that Mr . and Mrs. Babbaro are experiencing because of the inability to rent the premises. They feel that by having the ability to rent the downstairs as an office, or indeed the whole building for offices, that the air conditioning would not create the problem it does now, for two reasons. First of all an office, most likely, would have its own air conditioning and the windows would be closed rather than being opened in the summer as residential premises often aye and second, the noise at night would not be a problem with the business use because the businesses would be closed at ` night whereas the offices - the air conditioning for the Crescent Theater building would not bother at night . We've asked for the right to use the property in any manner pe/ mitted in a B2b Use District , realistically we are . talking only about office uses and we would be content to ' have the variance apply just to office uses as opposed to any uses. There are some other , more - they escape me right- PAGE ightPAGE 31 BZA MINUTES 11/4/85 - APPEAL NO. 1663 now but there are a couple that go further than just plain office use - all the Babbaro"s are looking for , is to be able to use it as offices. Are there any questions? I 'd be glad to have Mr . Babbaro talk to you about all of these things, if you'd like. I have done most of the talking . CHAIRMAN TONLAN: I ` ll give him a chance, I was wondering , if in fact he had contacted the owner , Novarr-Mackesey, about the air conditioner? MR. BABBARD: I have, I contacted them immediately when I recognized that they were going to put this air conditioner so close to my property. In other words, I am only six inches away from the thing . Six inches ! I 'm not exaggerating a bit and therefore the noise is such a vibration noise, that it sounds - well the fellows that were putting the thing up said that it sounded like Kennedy Airport . He was underneath it, naturally, he got all the sound , I 'm glad I wasn' t underneath it . But it is a ' horrendous sound and the vibration within the building is, ' I as a matter of fact went there to see one night , to find out if I could - to find out just how really bad it was, and ` that is when I called the police. I could not fall asleep , the noise was just too (unintelligible) humming and vibration throughout the building . Now when we start having ' the energy crunch, I had insulation blown into the whole building in order to subside some of the noise and give it a little more of a coziness. I 've always rented the place for two or more ' years to each tenant that I ever had there. and ' PAGE 32 ' BZA MINUTES 11/4/85 - APPEAL NO. 1663 this year I could not rent the place. I had one young lady . that rented the first floor , the noise wasn' t there, for some unknown reason, they might have had some problems with ` their air conditioning unit, maybe it wasn' t working at that . particular time. She rented the place. She came back the ' next day and gave me the money and signed the contract and ` when she heard the noise - she paid me - she went out - she . called me up long-distance from New York and said, you know ' I lost that job, I couldn' t make it. I know darn well what happened , the noise came up so horrendous that she figured, ' ~ my gosh , I can' t live there, so she welshed out and I had to " give her the money back . ^ CHAIRMAN TOMLAN: Al ] right , but coming back to the question ^ ^ I asked , what did Novarr-Mackesey respond to your question? MR. BABBARD: They would do everything they could in their . power to quiet the noise down. And then I spoke to Tom ' Hoard and he told me that they said they were going batten ^ ` it, they were going to send Wheaten Sheet Metal Company up , there and put some sort of insulation there. There was ^ ^ nothing ever done, it was just protecting his building, he put rubber on the top of his roof there so he won't get any ^ moisture down in his building, from the air conditioner , ' from weather , whatever it was. Now that in itself helped the noise a little but I still get it . There was never anything done to deafen the suund outside of the rubber molding or rubber roofing that he put on top there. He put in on the roof to protect his building . ` ` PAGE 33 - BZA MINUTES 11 /4/85 - APPEAL NO. 1663 CHAIRMAN TOMLAN: Further questions? MS. FARRELL: When did he do that? MR. BABBAROr That was done, I would say, in July. MS. FARRELL: So these complaints were after that? MR. BABBARO: No , these things weren` t humming. . . MR. SULLIVAN: The question is, the police reports came after that . MR. BABBARO: That's after that , yes. I 'm sorry. MB. FARREK-L: In its previous use, when it was, whatever it was, you didn' t hear air conditioning noise then? MR. BABBARO-. There was one unit there that Nite Court had and it was terrible. When I saw the second unit go up I knew darn well I wasn' t going to be able to rent that place ever again. The property was dead as far as a rental piece of property. I immediately saw that and called the Building Commissioner in order to get some information as to whether they were going to do something about trying to curb the noise. And there hasn't been anything done. MR. SULLIVAN: The noise really is a factor which creates a financial hardship . If you look at the building, and the neighborhood of the building, the use as an office .1sn' t inconsistent with the permitted uses in the neighborhood . It is a couple of hundred feet off of Aurora, one hundred and fifty feet off of Aurora Street which is really a commercial area - mercantile to a large extent - along the two hundred block of North Aurora Street, on the east side. On the west side you are talking about the Post Office and a ' PAGE 34 BZA MINUTES 11/4/85 - APPEAL NO. 1663 parking ramp so it is not going to, I suggest, change the character of the neighborhood in any event , although we are only talking about an area variance and we are not talking ' about a use variance in this particular instance. ' ^ CHAIRMAN T0MLAN: Further questions? Thank you gentlemen. ' Is there anyone else who would like to speak in favor of ~ ti variance? ( ) I there h granting this var ance no one s ere anyone who would like to speak in opposition to granting this variance? (no one) That being the case, it is ours. ^ ^ ' PAGE 35 BZA MINUTES 111/4/85 --- APPEAL 1663 DISCUSSION ON APPEAL NO. 1663 309 E. BUFFALO ST. CHAIRMAN TOMLAN: K-It-jes, anyone know where they-c-.- might be a Decibel Meter in town", SECRETARY HOARD: The Police Qepart nt has one. CHAIRMAN TOMLAN: They do h,.-avp one? Contrary to what the report said? MS. FARRELL : He lust seai(J he d i d ri:* t know about 1t . CHAIRMAN t- CHAIRMAN TOMLAN: He didn' t k.-now about it . I see. MR. WEAVER: After you have measured the decibels then we aren' t going to have it before LAE:, CHAIRMAN TOMLAN: Probably not . But it was an q LA E?E-,t j.C.,n. PARE 36 , BZA MINUTES 11/4/85 - APPEAL NO. 1663 DECISION ON APPEAL NO. 8663 309 EAST BUFFALO STREET The Board of Zoning Appeals considered the request of Anthony and Irene Babbaro for an area variance to permit conversion of the two-unit apartment house at 309 East Buffalo Street to office or retail use. The decision of the Board was as follows: MR. WEAVER: I move that the Board grant the area vari- . ance requested in Appeal Number 1663. M0. BOOTH: I second the motion. ^ FINDINGS OF FACT: , 1 > The proposal is a use that is appropriate and approved ' for the location. ^ 2) Deficiencies will not be exacerbated by the change in . use. ^ ^ 3> Testimony indicates that the use as a dwelling is less ` desirable than it has been previously and that this ' | would be a relief to the owner . VOTE: 5 YES; 1 NO AREA VARIANCE GRANTED ` PAGE 37 BZA MINUTES 11/4/85 - APPEAL NO. 1664 SECRETARY HOARD: The next appeal is APPEAL NO. 1664 - 615 WEST BUFFALO STREET: Appeal of G. Gary Jaynes for an area variance fni deficient lot width and sideyard setback under Section 30.25, Columns 7 and 12, to permit a second floor addition to the single-family house at 615 West Buffalo Street. The property is located in a B-4 (Business) Use District in which the proposed use is permitted; however under Section 30.57 the appellant must first obtain an area variance for the listed deficiencies before a building permit or Certificate of Occupancy can be issued for the proposed addition. MR. JAYNES: I am the owner of the single family house located at 615 W. Buffalo Street . Our situation is that we - do not have the side yard clearance that we need to put a bedroom over our kitchen. (unintelligble) I `ve got a contractor , if I can get the variance, the contractor will come in and put it up for us and I will have (unintelligible) and put it up in about a week . CHAIRMAN l[OMLAN: Questions? MR. SCHWAB: So you aren' t extending the house then? MR~ JA\yNES: No , just going (unintelligible) Here is a ` picture of the house and we are just putting the room ovei the kitchen. The roof is getting weathered onto the kitchen and right now would be a good time, when we are doing these things, rather than to just put a new roof onto it , we can put a room on it and then put a roof on it, rather than to put a new roof on it and then add a room sometime. As was said there is no problem with putting it on except for the side yard clearance. I need to get a variance before I can do such a thing . PAGE 38 ^ ` BZA MINUTES 11/4/85 - APPEAL NO. 1664 MR. SCHORB: So the second floor in the back will follow the same outline? MR. JAYNES: It will . I 've got a sketch of what I am planning on doing . What I plan on doing is putting a hip and ridge construction over the top and that being because the house has a seven foot ceiling in the original construction but with that construction right there, what I plan on doing is, following the hip and ridge construction right up and then, so in other words, you will have the clearance that you need . What it will be is two by eights into it and then (unintelligible) follow the construction, the two by eights right up (unintelligible) a cathedral ceiling into it . CHAIRMAN lFOMLAN: Further questions? (none) Thank you. Is there anyone else who would like to speak in favor of granting this variance? MR. I : My name is Bob Romanowski , I live at 612 West Buffalo Street , diagonally across the street from Mr . Jaynes. I am in favor of this addition. It changes a two bedroom home into a three bedroom home and it does not change the footprint of the house but it gives them the added room that they need and it is a single family house and it gives a commitment for keeping residential housing in that neighborhood . I have a letter from a Janet and George Stevens of 624 West Buffalo Street . They took the time to come up and give it to me and asked me to bring it up ^ tonight . And with your indulgence, I will quickly read it . PAGE 39 BZA MINUTES 11/4/85 - APPEAL NO. 1664 ` " I am writing this letter concerning Mr . & Mrs. Jayne's renovation work on their house at 615 West Buffalo Street in Ithaca. My husband and I have no objections for anyone who wishes to keep their property in an orderly fashion. To the ' best of our knowledge the work on the house wil ] not ' interfere with anyone else's property. Therefore we cao see no reason for denial or refusal for this work to be done. ' /s/ Janet Stevens and George Stevens" I also have another short note from Carol Podefalski who is at 613 West Buffalo Street which is a directly next door neighbor . " I have no objections of the Jaynes's building or remodeling to his /s/ Carol Padefalski " , CHAIRMAN TOMLANz Could you submit those for the record ' please? Thank you. Any questions? Thank you. Is there anyone else who would like to speak in favor of granting this variance? (no one) Is there anyone against? (no one) That being the case, it is ours. ^ PAGE 40 ^ BZA MINUTES 11/4/85 - APPEAL NO. 1664 DECISION ON APPEAL NO. 1664 615 WEST BUFFALO STREET The Board of Zoning Appeals considered the appeal of Gary Jaynes for an area variance to permit a second floor addition to the single-family house at 615 West Buffalo Street . The decision of the Board was as follows: MR. WEAVER: I move that the Board grant the area variance requested in Appeal No . 1664. MS~ FARRELK-: I second the motion. FINDINGS OF FACT: 1 > The lot width cannot be improved because there are adjacent dwellings. 2) The side yard deficiency cannot be changed without creating another side yard deficiency. 3) The use is permitted in the neighborhood . VOTE: 6 YES; 0 NO AREA VARIANCE GRANTED PAGE 41 BZA MINUTES 11/4/85 APPEAL NO. 1665 ` ^ SECRETARY HOARD: The next appeal is APPEAL NO. 1665 FOR 3 CLIFF PARK CIRCLE: Appeal of William D. Corbin for a Special Permit ender Section 30.27 (Accessory Apartment . Ordinance) of the Zoning Ordinance to permit the construction and use of an accessory apartment in ' the single family residence at 3 Cliff Park Circle. The property is located in an Rla (Residential , single-family dwelling) Use District in which the proposed use requires a Special Permit from the Beard of Zoning Appeals. Would you come forward and identify yourself? MR. CORBIN: My name is William Corbin, I 'm the owner of the ' property at 3 Cliff Park Circle. What information would you ^ like me to give you? ^ CHAIRMAN l[OMLAN: Tell us, if you will , in a nutshell , why . you would like this accessory apartment permit . ` MR. C0RBIN: Okay. We just recently purchased the property . The downstairs is well suited to making an apartment, which ' we hope to use to help pay the mortgage for a short period ^ of time, several years, at least , then possibly make this into a mother-in-law apartment for my mother-in-law. We met with various people from the City offices to find out what all the rules and regulations were relating to this. We have had so many inspections and I guess all of the required documentation I had to comply with and I believe everythinq is in order . We have contacted all of the neighbors, as . required in the regulations, within, I believe it is two hundred feet of the property boundary. We have proof and PAGE 42 ` _ .D 2"A MINUTES 11/4/85 APPEAL NO. 1665 ev�dence of certified mail of getting in contact with all of those people. The only comment that I have received back on it is a letter of support from one of the neighbors. CHAIRMAN TOMLAN: I have but one question, and that is, is there going to be another entrance? MR. C0RBIN: There is a separate entrance. There won' t need to be one constructed, there is already a separate entrance. CHAIRMAN l[OMLAN: So the exterior facade remains the same? MR. CORBIN: Yes. CHAIRMAN l[0MLAN: Any other questions from members of the Board? M0~ BOOTH: I ' ll wait for the questions from the audience. SECRETARY HOARD: Let the record show that there is no one in the audience. MR. WEAVER: As an old municipal worker and this has nothi/`g directly to do with your case, there is an Ordinance that says that you ought to have a number on your house and if . you did it might help us and the emergency people find you some night . MR. CORBIN: I have one purchased , it just isn' t up yet . . CHAIRMAN T0MLAN: Having just purchased the house, we' ll ' have to forgive him that . SECRETARY HOARD: It is difficult to find without the number 3. MR. WEAVER: Pretty hard to decide when you are up there, exactly what the plan is. ` ^ PAGE 43 . . ` BZA MINUTES 11/4/85 APPEAL NO. 1665 ' CHAIRMAN TOMLAN: Further comments or questions from members ^ of the Board? , . MR. WEAVER: That was comment . ' CHAIRMAN l[OMLAN: I understand , that is why I phrased it in ^ that fashion. Thank you Mr . Corbin. There being no one else in the audience either pro or con, shall we continue ^ ° with the discussion? I ' ll even entertain a motion. ^ ~ , ` ^ ` PAGE 44 _ BZA MINUTES 11/4/85 APPEAL NO. 1665 DISCUSSION OF APPEAL NO. 1665 3 CLIFF PARK CIRCLE MR. SCHWAB: What is the standard for accessory apartment , I think this is the first one I 've seen. Is it the same as area variance more or less? CHAIRMAN T0NLAN: Tom? SECRETARY HOARD: The standard of meeting the conditions of - the basic thing is owner-occupancy, that is the key, that the property be owner-occupied and if at any time it isn' t owner-occupied then the permit becomes null and void. MR. SCHWAB: So if it is owner-occupied , you are suggesting we must prove it? MR. BOOTH: Or there is consistency with current, the concern about exterior . . . SECRETARY HOARD: Wall , there is a concern about the exterior if another entrance were to be added on the front. MR. SCHWAB: I think I do recall that , you don' t want that on the front . MR. BOOTH: But there is no hardship then? SECRETARY HOARD: No . MR. SCHWAB: Right . CHAIRMAN TOMLAN: Did I hear a motion Tracy? PAGE 45 ^ - ` ' BZA MINUTES 11/4/85 APPEAL NO. 1665 ` . DECISION ON APPEAL NO. 1665 3 CLIFF PARK CIRCLE ' The Board of Zoning Appeals considered the request of William D. Corbin for a Special Permit to permit the . construction and use of an accessory apartment in the single ^ family residence at 3 Cliff Park Circle. The decision of ^ the Board was as follows: ' MS. FARRELL: I move that the Board grant the request for a ^ Special Permit for an accessory apartment in ^ Appeal Number 1665. " MR. WEAVER: I second the motion. FINDINGS OF FACT: 1 > The proposed use is an owner-occupied house with an accessory apartment meets all the requirements of the Zoning Ordinance. There are no area deficiencies. ' 2) No neighbors have voiced opposition to this use. VOTE: 6 YES; 0 NO SPECIAL PERMIT GRANTED " ^ . . . ' ` PAGE 46 ^ - 47 - I , BARBARA RIJANE, DO CERTIFY THAT I took the minutes of the Board of Zoning Appeals, City of Ithaca, New York, in the matters of Appeals numbered 1656, 1657, 1661 , 1662, 1663, 1664 and 1665 on November 4, 1985 in the Common Council Chambers of City Hall , City of Ithaca, New York, that I have trans- cribed same, and the foregoing is a true copy of the transcript of the minutes of the meeting and the action taken of the Board of Zoning Appeals, City of Ithaca, New York on the above date, and the whole thereof to the best of my ability. Barbara Ruane Recording Secretary Sworn to before me this day of 1985 Notary Public JEAN J. HANKINSON ! NOTARY PUBLIC,STATE OF NEIN YORK No. 55-1660800 QUALIFIED IN TOMPKINS COUNTX. MY COtA!l,ISSION EXPIRES MARCH 30,19—