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HomeMy WebLinkAboutMN-BZA-1986-03-10 TABLE OF CONTENTS BOARD OF ZONING APPEALS MARCH 10, 1986 Page APPEAL NO. 1676 Socony Mobil Oil Company 3 540 West State Street Discussion 12 Decision 13 APPEAL NO. 1677 David and Flora (Gross) Sagan 15 701 N. Aurora Street Decision 21 APPEAL NO. 1678 David and Flora (Gross) Sagan 23 705 N. Aurora Street Discussion 29 Decision 31 APPEAL NO. 1679 Martha Wolga Kuckes 32 103 Spring Lane " Discussion 35 " Decision 37 APPEAL NO. 1680 Elizabeth B. Mayer (Mayer School) 38 520 West Seneca Street Board Discussion 58 " Decision 64 APPEAL No. 1681 Joseph Quigley 66 116 North Plain Street IT If Decision 74 CERTIFICATION OF Recording Secretary 75 - — BZA MINUTES - 3/10/86 BOARD OF ZONING APPEALS CITY OF ITHACA CITY COURT MARCH 10, 1986 CHAIRMAN TOMLAN: Good evening . I would like to call to order the March 10, 1986 meeting of the City of Ithaca Board Cf Zoning Appeals. The Board operates under the provisions of the Ithaca City Charter , the Ithaca Zoning Ordinance, the Ithaca Sign Ordinance and the Board 's own Rules and Regulations. The members of the Board who are present tonight are: STEWART SCHWAB CHARLES WEAVER HERMAN SIEVERDIMG TRACY FARRELL MICHAEL TOMLAN, CHAIRMAN OF THE BOARD THOMAS D. HOARD, SECRETARY TO THE BOARD, BUILDING COMMISSIONER & ZONING OFFICER . BARBARA RUANE, RECORDING SECRETARY ABSENT: HELEN JOHNSON The Board will hear each case listed in the agendum. 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 answer questions from the Board . 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 ' ^ -r- considers " interested parties" to be persons who own PAGE 1 BZA MINUTES - 3/10/86 property within two hundred feet of the property in question or who live or work within two hundred feet of the property . Thus the Board will not hear testimony from persons who do not meet the definition of an interested party . While we do not adhere to the strict rules of evidence, we do 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 there are 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 microphone which is right here in front of us, so that the comments can be picked up by the tape recorder and , if we were in another room I suppose we would be connected to a P.A. system, but in any event we are not going to be broadcast so you are going to have to speak rather loudly. Extraneous comments from the audience will not be recorded and will therefore not be considered by the Board in its deliberations on the . case . We ask that everyone limit their comments to the zoning issues of the case 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 on that case will be closed and the Board will deliberate and reach � a decision. Once the hearing is closed , no further PAGE 2 ` ' BZA MINUTES - 3/10/86 testimony will be taken and the audience is requested to refrain from commenting during its deliberations. It takes four votes to approve a motion to grant or deny a variance or special permit and in rare cases where there is a tie vote the variance or special permit is automatically denied . Are there any questions out there about our procedure? That being the case we will proceed . SECRETARY HOARD: The first case is APPEAL NO. 1676 for 540 WEST STATE STREET: Appeal of Socony Mobil Oil Company for an area variance for existing deficiency setbacks for one side yard and the rear yard under Section 30~25, Columns 13 and 14, of the Zoning Ordinance, to permit the installation of larger gas pump island canopies at 540 West State Street (Chuck's Self Serve Mobil ! . The property is located in a B-4 (Business) Use District in which the existing use is permitted; however under Sections 30.49 and 30.57 the appellant must ' first obtain an area variance for the ' existing deficiencies before a building permit can be issued for construction of the ' new canopies. MR. HINES: My name is Bob Hines, I represent the Mobil Company and they are the owners of the property in ques�ion. I have previously furnished the Department with a map of the PAGE 3 _ BZA MINUTES property . It fronts on West State and North Meadow Streets . As a point of clarification, the building which is located in the northeast corner is shown on a dotted frame in your map . My understanding of the zoning law, the definitions, are we have a front yard on West State Street and a front yard on North Meadow Street . Since the number of the property is identified as 540 West State, that makes the north line the rear line . The side yard is that which fronts Rocco Longo 's office on the east and perhaps the North Meadow may or may not be a side line, I don' t know, but in any event the building as it is presently located hasn' t changed in a considerable number of years and over ten years ago permission was sought and obtained for the installation of the existing canopies over the pump islands in essentially the locations as shown on your diagram. At that time, with the property in its present condition, this Board granted authority to install the pump island and canopies and as approved - and I think that was 1973; I looked at that about four times - I 've got a mental block - it 's either ' 73 or '76 - but whenever it was, permission was given to install two canopies and islands, twenty-five feet by twenty-five feet . What is being requested here tonight is to replace those because of changes in technology, with two canopies, one of which is thirty feet , four inches by thirty-four feet , eight inches, that is larger than the existing one. The larger one would be the one fronting on ' North Meadow and the canopy on West State , twenty-four feet , PAGE 4 BZA MINUTES - 3/10/86- four /10/86four inches by twenty-four feet , four inches, which is slightly smaller than the existing canopies. The reason for the request , isn' t just to install new canopies - that `s a ancillary activity . The primary motivation is to install new pump islands which facilitate faster dispensing gasoline product . I show you a photograph of that island that has been developed and now - I have more than - this isn' t quite as neat - but it shows - what they do now is they have one pump which dispenses all three gasoline products and from their experience allows traffic to move a little faster and it also dispenses the product a good deal faster . You can get more activity from a single location than you could before . What they intend to do in the installation of the new pump , is to replace the canopy, which is part and parcel of the pump island . So , therefore, it is practially impossible to install the new pump , tear down the island , tear down the canopy, put a new pump in and replace it with the same canopy . They want to put their new canopy in which has a slightly different - and I think more attractive design and we went to Syracuse to take a picture of one that is in place. Now our request is for a single - that is a . double - they are square - they have a different more . attractive lighting facade . In other words, what you are looking at there is a double island , this is just going to be a single square island . Whatever deficiencies that are existing with respect to this property have existed for a considerable period of time and were considered by this PAGE 5 ' BZA MINUTES - 3/10/86 Board in the previous application for permission to install these canopies. We are not asking for anything which enlarges or changes the non-conforming nature of this property. We are not covering an excessive amount of area or are we encroaching in any way beyond permissible limits. What we are here for is because the building , which exists and has existed - is too close to the side line. I 'd have to defer to Mr . Hoard , I don' t know if we have two side lines or one, but in any event , we don' t comply . How do you interpret that , we have two? SECRETARY HOARD: You have two front yards, one rear yard and one side yard . MR~ HINES: Okay. Well we are deficient on the side, there is no question about that . My measurements look like the rear is all right and in front , under this B4 area, we don' t have any setback requirement . Whether or not the previous ruling of this Board of Zoning Appeals of two years ago is of any relevance to you, I can only say the same things that were probably said at that time. There are practical difficulties associated with complying . We would have to move the building . There isn' t anything we can do or not do ^ with respect to the pump islands that will change the ' existing condition . We are not exacerbating it in any way . . We are really coming in to ask you if we can replace the pumps, pump islands and the canopies over them, with very modest changes in size and because we are in violation, even . though we have previously been given permission to do what PAGE 6 BZA MINUTES - 3/10/86 we have, since we are changing and replacing , we have to come back and ask again, but exactly the same reasons exist now as would have existed ten years ago . We have no practical way of reducing or changing the format . This is an established and consumer convenient facility and it is at a very busy intersection and Mobil has to maintain the location of the pump islands in such a way that will promote traffic flow and the canopies, of course, now with the self service being a general mode of dispensing gasoline products, people have to be sheltered from the rain - you don' t have the attendant come out and pump your gasoline for you . So those are the practical difficulties and special conditions. I haven' t any additional facts to present to you . As part of the record maybe the earlier BZA hearing should be incorporated , do you have that file with your? SECRETARY HOARD: Yes I do . It was in 1972. MR. HINES: '72. I was wrong on both counts. Well I would ask that the Board incorporate as part of its record the proceedings as Mr . Hoard has them, of the previous application by Mobil for permission to do what they have now . And just to reiterate, what we are requesting is essentially a replacement of a fourteen or fifteen year old facility with a brand new facility which has little, if any, practical impact and we think , as an additional item, will look a little bit more attractive than the facility that is ' down there and certainly move traffic faster . If you have any questions, I 'd be happy to entertain them. PAGE 7 BZA MINUTES - 3/10/86 CHAIRMAN TQMLAN: Questions from members of the Board? MR. WEAVER: Bob , do you know whether that portable sign is still on the lot line down there? MR. HINES: Yes it is. I went down and went all through the property, the portable sign is located on a motor vehicle, it is registered , I 'm not here to argue the merits of the sign, I was advised that there have been proceedings about that , I did read the file. Apparently the City Attorney has ruled that as long as it is a registered vehicle and the electrical department feels it 's properly grounded , or whatever , it is okay , so the answer is yes, it is there, at least it was there as of a few days ago when I was down there . MR. WEAVER: The reason for my question is that I am interested in a conditional granting , you BEEN and maybe we won' t have to be legal and illegal on the sign - it 's a monstrous blight on the neighborhood . MR~ HINES: I understand . Well it certainly attracts a lot of attention. I represent Mobil Oil and not Chuck Kellogg who is a fine man. Mobil Oil leases the facility to Chuck Kellogg and has a limited amount of control over his ' activities as long as they ostensibly comply with the law. ^ I can only say that I am aware of what you are talking ' about . What you are doing is you are asking Mobil to accomplish what the City has been unable to accomplish . I haven ` t any authority to respond except that I am aware of ^ what you are talking about - I hope that you don' t do that ^ PAGE 8 BZA MINUTES - 3/10/86 to me but if you do , you do , I guess. I 'm not sure why that ' s such a meritorious sign but Mr . Kellogg apparently thinks it very important to his business, but in any event Mobil does not control that activity, I 'm not saying that they couldn' t control it at appropriate times but . . . off the record I cculd be sympathetic with your position but as an attorney for the Mobil Oil Company I can' t comment on that - my consent to your . . . MR. WEAVER: Well we are an agency of the City and it Just seems to me that if we condition the granting of this variance upon the permanent removal of that sign that Mobil will have a permit to do all this work subject to the removal of the sign so if they can' t figure out how to move the sign. . . MR. HIWES: Well I 'm sure that Mobil , in its infinite wisdom, would figure out how to accomplish the result . I 'm trying to reiterate, Mobil didn' t put the sign there and Mobil doesn' t day to day operate that facility. CHAIRMAN TOMLAN: When did the circular canopy become a square canopy ? . MR. HINES: It was never a circular canopy down there that I know of. Circular canopies came into vogue with Mobil in 1966 and they have those in a number of places, one of which is Triphammer Road , they have them any number of places around the country . They are now going from where they have circular to these rectangular canopies but in Ithaca, for ' whatever reason, they installed these rectangular - I think PAGE 9 ' BZA MINUTES - 3/10/86 they are square actually , canopies when they came in for their permission some years ago - whereever that brochure is - the circular - what you are looking at is a light - on this diagram - is a florescent light ring - that 's the circular one - up at Triphammer and when they get through they will have a light ring inside and it looks - that 's the photo . . . CHAIRMAN TOMLAN: In the worksheet , it looks like page 5 of your application - there is a note at the end - unnecessary procedure applying for building permit - no use variance - and no area variance needed - what 's all this about? MR. HINEEW Well we are not increasing a structure such that it exceeds the permissible area of lot - we are still thirty-five percent of the lot is covered and I think fifty percent is permitted . In other words, I raise that because we are going from twenty-five feet to thirty feet in the canopy size but that still is well within the permitted lot ' coverage. If it exceeded fifty percent we would have to come in and ask for something specifically but we are - my calculations were thirty-five percent of the lot is covered by structures and these are part of the structure which does that but in any event - nothing that we are doing , per se, needs a variance. The reason we need a variance is because the structure, as it exists on the property , is too close to the line, that is the building itself, so I suppose everytime we have to make a change we have to come in here PAGE 10 BZA MINUTES and ask for it , even though the change in and of itself is not (unintelligible) Now certainly - any other questions? CHAIRMAN TOMLAN: Any other questions from members of the Board? (none) MR. HINES: Okay, thank you. CHAIRMAN TOMLAN: Is there anyone else who would like to be heard in favor of granting this variance? (no one) Is there anyone out there who would like to speak in opposition? (no one) That being the case , it is ours. PAGE 11 BZA MINUTES - 3/10/86 DISCUSSION ON APPEAL NUMBER 1676 MR. SIEVERDING: I just have a question on the signage. Is it or isn' t it a sign? Does he have the right to park a trailer there? SECRETARY HOARD: The one on the Scout vehicle? Yes, as long as it is on a vehicle - it is considered a sign on a motor vehicle and therefore is not covered by the Sign Ordinance . MR. SIEVERDING: It is not covered? SECRETARY HOARD: Right . Well it is loophole and it is a loophole that . . . . CHAIRMAN TOMLAN: You can drive a car through . SECRETARY HOARD: But I mean it is the intention of. . . MR. SIEVERDING: Yes, and there is no time restriction on that? SECRETARY HOARD: Right ., MR. WEAVER: There is no law against our granting a . conditional variance either . CHAIRMAN TOMLAW; That 's true . Do I hear a motion? MR. WEAVER: In fact it 's provided for . PAGE 12 BZA MINUTES - 3/ 10/86 DECISION ON APPEAL NUMBER 1676 540 WEST STATE STREET The Board of Zoning Appeals considered the request of Socony Mobil Oil Company for an area variance for existing deficiency setbacks for one side yard and the rear yard to permit the installation of larger gas pump island canopies at 540 West State Street (Chuck 's Self Serve Mobil ) . The decision of the Board was as follows: MR. WEAVER: I move that the Board grant the area variance requested in Appeal Number 1676 conditioned upon permanent removal of the old car and moveable letter sign that stands on the north lot line. It would seem that only if that sign or any other temporary sign be removed permanently from that location will the resulting service station be in harmony with the general purpose of the Ordinance. There are special circumstances, that is on the existing building, namely rear yard and side yard deficiencies that could not be complied with without demolition of the ' building. In all other respects the proposed improvement of the property will improve its commercial value and improve the nature of the business community in that corner . . MS- FARRELL: I second the motion. VOTE: 5 YES; 0 NO; 1 ABSENT GRANTED W/CONDITION FAGE 13 BZA MINUTES MORE DISCUSSION OF APPEAL NO. 1676 AFTER THE MOTION WAS MADE AND SECONDED BUT BEFORE THE VOTE WAS TAKEN: MR. SCHWAB: I 'm a touch troubled about the sign - if the sign is lawful , why we are trying to remove it . Personally I totally agree with you, it is an ugly sign but -t.. City Founders, as it were, said that a sign like that on a truck is okay . . . MR. WEAVER: No , some smart attorney found a legal way to avoid the intent of the law . SECRETARY HOARD: Present company excepted . MR. WEAVER: I said "some" smart attorney . MR. SCHWAB: So a smart fir is going to figure out how to outsmart the attorney . MR. WEAVER: I 'm willing to . MR. SCHWAB: It 's hard to argue with that I guess . PAGE 14 - - BZA MINUTES - 3/10/86 SECRETARY HOARD: Appeal No . 1677 for 701 NORTH AURORA STREET: Appeal of David and Flora Sagan for an area variance under Section 30.34, Paragraph C of the Zoning Ordinance to permit the existing fence at 701 Worth Aurora Street to remain as is. A portion of the fence is within the corner visual obstruction triangle which is prohibited by the Zoning Ordinance. CHAIRMAN TOMLAM: If you would begin by identifying yourself? MRS. SAGAN: I 'm Flora Sagan . . MR. SAGAN: And I 'm David Sagan. MRS. SAGAN: I had built the fence, I guess it was about three years ago , and really not realizing it was going to be in violation and was told about , I guess, three-quarters of the way through , by one of the building inspectors who came by, and we were sort of - everything was just about done, the posts were sunk in concrete, there was just a small part of the actual pickets to be put on and I really wanted this fence, okay, which is not a real legal consideration but - so what was suggested is that we appeal for a variance and - realizing that it may or may not be relevant to the Board . There was quite a change in my life and that 's the reason there has been such a delay in appealing for the variance. I brought a couple of photographs to show. The reason to request the variance is that the visual obstruction for this PAGE # 15 BZA MINUTES - 3/10/86 s street was in question and we have tried to do this with a car and also by foot to see if it was - would be a real problem and actually there seems to be more of a problem if there is a truck or a large car parked by the parking sign on the corner . We've done a lot of renovation on the house, we've tried to really make it very attractive and I realize that may not also come into question but the fence really seems to be sort of the icing on the cake, as we saw it and we didn` t - we considered the visibility before we tried to do it , so it wouldn' t be a problem, and also we haven' t planted anything within that that would really offer any kind of obstruction - just low perennials. MS. FARRELL: How much of the fence is in violation at the corner? MRS. SAGAW: I think about fifteen feet on each side - maybe less than that . MS~ FARRELL: It 's supposed to be twenty feet back from the intersection - is the intersection this, (pointing to the photo ) or is the intersection - where is the intersection? SECRETARY HOARD: It is measured from the property line . . . MS. FARRELL: From the corner? Oh , from the property line , not the sidewalk? SECRETARY HOARD: The property line comes to a point , then you measure back twenty feet on each side. MS. FARRELL: So twenty feet back from here . SECRETARY HOARD: Right . PAGE # 16 BZA MINUTES MRS. SAGAN: We were told at this point , by the Building Inspector that we could - if we wanted to , we could cut that point down to two feet high and it seemed like it would really be quite ugly and defeat the purpose of our putting a fence in. We also have had quite a problem with dogs and things in the area, and this obviously was a help but we wondered if it was a - you know - was a visual obstruction. MR. SAGAN: One thing I would like to point out , I think you can see it in this picture here, you are coming along this street to the stop sign, is that , by the time you get down here you can actually see, without any trouble . . . ' MRS~ SAGAN: You are beyond the fence. MR. SAGAN: Basically you are beyond the fence - the cars . coming back and forth - so that if you actually look at it is not cause visibility problems to cars coming down - stop at that stop sign. . CHAIRMAN TOMLAN; I would just caution you on that point because you are not supposed to stop in front of the stop sign, you are supposed to stop behind the stop sign . MS. SAGAN: Stopping legally . CHAIRMAN TOMLAN: Stopping legally, it is supposed to be well before the sidewalk . I think there is ten feet difference between where the sidewalk crosswalk would cross and where the stop line from the stop sign would be. MR. SAGAN: Okay, I 'm sorry' . . ' CHAIRMAN TOMLAN: Just a caution. . . MR. SAGAN: Okay. I haven' t had any ticket so far . PAGE # 17 BZA MINUTES - 3/ 10/86 CHAIRMAN TOMLAN: Further questions from members of the Board? The purpose was to keep out the dogs? MRS. SAGAN: No , the purpose was to beautify the place really . I mean, we could have put up a chain link fence or something like that but we really thought it was. . . MR~ SCHWAB: Would a chain link fence comply with the requirement? MRS. SAGAN: Actually I don' t think it would . . . MS. FARRELL: If it was two feet tall . CHAIRMAN TOMLAN: I think the chief objection is just the impenetrability of it . You've effectively come across the problem by virtue of the impenetrability of the visual affect that it is blocking , there is no question about that . Any further questions? MRS. SAGAN: So we' ll sit J. CHAIRMAN TOMLAN: That 's right , we' ll see if anybody else has anything else to say. Is there anyone else who would like ' to i.-DEE! in favor of granting this variance? ( no one) Is there anyone whowould like to speak in opposition? ' Question? MR. SAGAN: There were two letters submitted . ` MS. FARRELL: Yes we have those in our hands. CHAIRMAN TOMLAN: Yes we have those. You get a chance to come up again in a minute - just stay put . SECRETARY HOARD: There is also one in the record from John Dougherty, Superintendent ofPublic Works, it was written to Ms. Gross. "Dear Ms. Gross. [That was her name at the PAGE # 18 BZA MINUTES - 3/10/86 time] I am responding to your inquiry regarding the installation of a picket fence around your house that appears to be on City property. I have decided to informally -B, you to keep the fence in its present location with the understanding that this permission can be revoked at any time for any reason. If the permission is revoked , the removal of the fence must be at the expense of the property owner . It is my understanding that the fence is constructed in a manner that violates the zoning ordinance and my permission cannot and does not supercede any zoning requirements. I would suggest that your request to keep this fence in place in the areas that violate the zoning ordinances be directed to J-- (.J d the reason that that is brought up is that the City Traffic Engineer is under the Superintendent of Public Works . MR. SIEVERDING: So we can presume from that letter that the ' City Traffic Engineer has taken a look at the fence and determined that there is no visual impediment? ^ CHAIRMAN TQMLAW: Can we presume that? SECRETARY HOARD: I don' t think I can speak for the Superintendent of Public Works . ' MR. SIEVERDING: We can just make our own conclusions. ' CHAIRMAN TOMLAN: Do we have a motion or futher discussion? ^ MS. FARRELL: I have a comment . It is awfully funny to look at this worksheet that has all this stuff on it that has nothing to do wit� what we are talking about . PAGE # 19 _ BZA MINUTES - 3/ 10/86 SECRETARY HOARD: I started doing it . . . I realized . . . MS. FARRELL: Sorry, Tom. T1- i-,E. ice idea but . . . CHAIRMAN TOMLAN: He`s got into a habit . MS. FARRELL: A rut . PAGE If 20 BZA MINUTES - 3/10/86 DECISION ON APPEAL NUMBER 1677 FOR 701 NORTH AURORA STREET The Board of Zoning Appeals considered the request of David and Flora Sagan for an area variance to permit the existing fence at 701 North Aurora Street to remain as is. The decision of the Board was as follows: MR. SIEVERDING: I move that the Board grant the area vari- ance requested in Appeal Number 1677. MR. WEAVER: I second the motion. PROPOSED FIND INGS OF FACT: 1 ) There are practical difficulties in removing the fence. 2) This decision is based on the letter from the Superin- tendent of Public Works and presumes that the Traffic Engineer has taken a look at the fence and determined that there is no visual obstruction caused by same. 3) This exception observes the spirit of the Ordinance and rather than change the character of the neighborhood it adds to it. VOTE: 3 YES; 2 NO; 1 ABSENT As the motion failed to attain a minimum of four "Yes" votes, the motion fails and the requested variance is ` denied. PAGE # 21 BZA MINUTES DISCUSSION ON APPEAL NO. 1667 AFTER THE MOTION WAS MADE BUT BEFORE THE VOTE WAS TAKEN: MR. SCHWAB: I think I am going to vote against this variance . It concerns me that this deals with safety as opposed to some of the other ones and (unintelligible) read that letter from the Public Works Superintendent so generously. But it `s a (unintelligible) as most of them are. CHAIRMAN TQMLAN: That ` s "'A C"..?. I tend to agree with you, Stu . PAGE # 22 BZA MINUTES - 3/10/C6 SECRETARY HOARD: Appeal No. 1678 for 705 N. Aurora Street Appeal of David and Flora Sagan for an area variance for deficient setbacks for the front , side and rear yards under Section 30.25, Columns 11 , 12, and 14 of the Zoning Ordinance to permit conversion of the existing garage at 705 North Aurora Street for a "home office" and for storage. The property is located in an R2b (Residential , one- and two-family dwelling) Use District in which such private use of an accessory building is permitted; however under Section 30~49 the appellants must first obtain an area variance for the setback deficiencies before a building permit can be issued for the proposed conversion. MRS. SAGAN: Well we own the house next door which this is the garage to and actually one of the reasons we bought it because we wanted to - our house is very nice and very pretty but the upstairs is an apartment and we have really no space for storage , meaning no basement , no tools, no sort of area that we can have - sort of kids play and a work room and that kind of situation and it -f:, right next to our back yard and what we wanted to do is put a door leading from the back yard to the garden and this way we could have - my husband has a home computer and we can have kids - like a playroom, because we are goin� to be having a family . Also to be able to store tools and things in a dry situation . because the house next door - the building - it 's in Fall PAGE # 23 BZA MINUTES Creek and we have no basement in our house, nor an attic , nor an extra room and the house next doorbasement is very damp soit really seemed to be a perfect , you know, perfect situation. Also it could be quiet in terms of, you know, concentration, and that kind of thing , when we wanted it to be but also be a space that could be, you know - kept not so clean - in terms of, for playing , and that kind of situation . And it doesn` t - there is no visibility to the street either way - I mean - it wouldn' t interfere with the tenants in any way , nor with any parking - existing parking . It seems like it would have absolutely no impact on the neighborhood at all . CHAIRMAN TQMLAN: Questions from members of the Board? MR. WEAVER: I have general question. The biggest question ever , I guess . Why is this before us? They are not enlarCing are they? MRS. SAGAW: No . Not at all . MR. WEAVER: They are going to improve it by putting a floor in? MRS. SAGAN: Yes, right , exactly and we are going to put in. MR. WEAVER: And instead of garage doors you are going to fill it in with windows or something? MRS~ SAGAWz Well it 's going to have one window but it 's - certainly the configuration is not going to change and - actually the dsor is actually falling off now and is pretty ugly. We are going to put one window in and then a door . PAGE # 24 BZA MINUTES - 3/10/86 CHAIRMAN TQMLAW: Looking at the worksheet , Charlie, is it basically the rear yard , column 14, that 's the only difference that I see. MR~ WEAVER: But has there been a plan for those repairs and improvements submitted - is there a price on this that makes it a piece of work that brings it c.0 us? ` SECRETARY HOARD: Well I think the fact that the home office ' storage is no problem, obviously that would be in an ' accessory structure, the home office - I assume that means - it includes the - they own other properties and so it would ' be not a home office in the sense that , you know, like you write letters to friends or something , pay your taxes but that you would also do the work for the other properties. . MR~ WEAVER: How many properties do you manage? MRS. SAGAN: Wt..; have four houses. MR. WEAVER: Some in other neighborhoods? . MRS~ SAGAN: Just one - just two others - just those two but what we really wanted - I think what was explained to me - the reason for the variance was it was going to become a ^ structure not just for storage, not an accessory structure. ' If we were going to use it . . . MR. WEAVER: And the storage would not necessarily be for those premises - it might be. . . MRS. SAGAW: Yes, no - it would be . It would be for those premises. We have no place to put , like winter clothes, boxes of clothes and that kind of thing - we have. . . ' PAGE # 25 INSERT IN LEGAL NOTICES: THURSDAY, 7/31/86 b THURSDAY, 8/7/86 PAGE 2 APPEAL NO. 1710 319 WEST BUFFALO STREET Appeal of Margaret M. Rumsey for an area variance for deficient off-street parking, lot width and deficient setbacks for the front yard and both side yards, under Section 30.49, Columns 4, 7, 11 , 12 and 13, of the Zoning Ordinance, to permit conversion of the single-family house at 319 West Buffalo Street to a two-family dwelling. The property is located in an R-2b (One- or Two-family Dwelling) Use District in which the proposed use is permitted; however under Section 30.57 of the Zoning Ordinance the owner 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. APPEAL NO. 1711 139 CODDINGTON ROAD Appeal of Ken Ash for an area variance for deficient setback for the front yard under Section 30.49, Column 11 of the Zoning Ordinance, to permit conversion of the single-family house at 139 Coddington Road to a two-family dwelling. The property is located in an R-2a (One- or Two-Family Dwelling) Use District in which the proposed use is permitted; however under Section .30.57 of the Zoning Ordinance the owner must first obtain an area variance for the deficient front yard setback before a Building Permit or Certificate of Occupancy can be issued for the proposed conversion. Thomas D. Hoard Building Commissioner and Zoning Officer �o1i tT� oq..... RATED CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 BUILDING DEPARTMENT TELEPHONE: 272-1713 July 18, 1986 CODE 607 INSERT IN LEGAL NOTICES: THURSDAY, JULY 31 , 1986 & THURSDAY, AUGUST 7, 1986 CITY OF ITHACA BOARD OF ZONING APPEALS: Notice is hereby given pursuant to Section 30.58, Paragraph C of the Zoning Ordinance of the City of Ithaca, that a public hearing will be held Monday, August 11 , 1986 at 7:00 P.M. in the Hall of Justice building, fourth floor, 120 E. Clinton Street, Ithaca, New York to consider the following appeals: APPEAL NO. 1678 705 N. AURORA STREET al of David and Flora Sagan for an area variance for deficient setbacks for the front, side and rear yards under Section 30.25, Columns 11 , 12, and 14 of the Zoning Ordinance to permit conversion of the existing garage at, 705 North Aurora Street for a "home office" and for storage. The property is located in an R2b (Residential , one- and two-family dwelling) Use District in which such private use of an accessory building is permitted; however under Section 30.49 the appellants must first obtain an area variance for the setback deficiencies before a building permit can be issued for the proposed conversion. This appeal was heard by the Board at its March 10, 1986 meeting and a variance granted; it is being reheard in response to a petition from neighbors which states that they did not receive proper notification. The rehearing was originally scheduled for the July 7 , 1986 meeting of the Board, but was held over at the appellants' request due to a lack of a full Board. APPEAL NO. 1709 210-212 COLUMBIA STREET Appeal of Michael A. Simmons for an area variance for deficient setbacks for the front yard and one side yard, under Section 30.49, Columns 11 and 12 of the Zoning Ordinance, to permit conversion of the single-family house at 210-212 Columbia Street to a two-family dwelling. The property is located in an 112a (one- or two-family dwelling) Use District in which the proposed use is permitted; however under Section 30.57 of the Zoning Ordinance the owner 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. .An Equal Opportunity Employer with an AllirmativP Action Proqram" BZA MINUTES - 3/10/86 MR. SIEVERDING: Storage T the house in which you are living? MRS~ SAGAN: Right , exactly . Just good , dry storage. MS. FARRELL: .11 not like a home occupation office, then, its more like . . . MR. SAGAN: No , it 's absc'lutely . . . . MR. SCHWAB: It 's more like a den. MRS. SAGAN: Yes that 's what we were really - that 's more the situation . . . MR. SCHWAB: But is there a distinction there , Tom? MRS. SAGAN: It 's like we don' t have a basement so we are going to - that ' s what we want . MR. SCHWAB: Between an office and a private den out in the garage. What if I wanted to put my TV room ;:i in the garage? SECRETARY HOARD: (UNINTELLIGIBLE ) use from the primary structure, which would be the house to an accessory structure - what was the term you used before? MS. FARRELL: -71 call ? MR. SCHWAB: The judgement call . A line more nice than obvious. MR~ SIEVERDING: But are the rental or the management of your existing investment properties, or the photography ' business - none of that stuff is going to be conducted out of this garage? MRS~ SAGAN: No , no , this is just really for our enjoyment and for my husband to have his computer - you know - PAGE # 26 BZA MINUTES something like that type of thing and it really has been a very big problem at our house. The house looks enormous and people probably laugh but it is a lot of little rooms with very little closet space so we really - and we've had things stored out there and its just gotten wet , muddy and damp and we really have had things ruined because it is a dirt floor . We've no space that can be really messy - that `s the thing . MR. SAGAN: Right now -'I is being used for storage for like garden tools and stuff like that because of an addition that was put on to 705 North Aurora before we owned it - we just bought it this year - the driveway is really a bit too small to drive cars past - when we got it , it was being used for storage . . . MRS. SAGAN: In other words we really can' t use it as a garage per se, it is not like we are changing the real useage from a garage - it never - that we know of - that it has been used for o/'e so . . . MS. FARRELL: You can' t use it for a garage? MRS~ SAGAN: We can' t get a car in there. . . MR. SAGAN: Because of the addition. . MS. FARRELL: I know, I was looking at it , I thought , it V:ind of goes over there . . . . MRS. SAGAN: It is very , very narrow. Ynu see there was a sort of "bump out" put on the house - we were told by the person that we bought the house from, in the thirties and that is why it PAGE # 27 BZA MINUTES - 3/10/86 CHAIRMAN TOMLAN: Further questions? Thanks. 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? (no one) That being the case. . . it is ours. ` PAGE # 28 BZA MINUTES DISCUSSION ON APPEAL NO. 1678 705 N. AURORA STREET MR. SCHWAB: Clarify for me, Tom, one more bit , is it fine for say me with no business or anything to put - to make the garage habitable - so you can put a sofa in there and just kind of lounge - the kids playroom? SECRETARY HOARD: You wouldn' t dare do that in Bryant Park . MR. SCHWAB: Or dnes that require a variance because the garage is - many garages are too c] ose to the lot line? SECRETARY HOARD: The Ordinance isn' t clear on what is purely accessory and what is taking a primary use and putting it into a secondary structure . It is the kind of thing that we get complaints about when somebody does it . I think we may have referred them here because we are getting a little gun shy after awhile . Neighbors see the lights on in the garage late at night and they call us that people are living in there and . . . MR. SCHWAB: So there is some line but the line is between a living or habitable structure and something of car or tools? SECRETARY HOARD: Yes but an accessory structure is usually justthings that - you put your car in your garage . . . MR. SCHWAB: People aren' t going to stay in for awhile. � CHAIRMAN TOMLAN: That `s right . MG. FARRELL: You stay in your garage for two hours does ' that ` CHAIRMAN TOMLAM: Well the question would be how finished , I ' suppose, whether the intent is to - certainly if you start ' PAGE # 29 ' ^~--- ~-------- --� BZA MINUTES - 3/10/86 making a great deal of money out of your garage, one begins to wonder . MS~ FARRELL: Printing press . . . CHAIRMAN TOMLAN: Yes a little printing press, you could start a little business - one wonders how long it becomes accessory . MR~ SCHWAB: Well even if you get into money , you know, if you are going to watch TV there for two or three hours a day it doesn' t strike me as a garage anymore, or any accessory . But I 'm no closer to a motion, either way . CHAIRMAN TOMLAN: Well , maybe somebody c'n the other side of the table is closer to a motion. MR. WEAVER: Stewart did I understand you to say that you are notready for a motion? MR~ SCHWAB: Well , I 'm ready to in one, ...ot to make one, either way . MR. WEAVER: Oh , I see . PAGE # 30 � . . ^ BZA MINUTES - 3/10/86 DECISION ON APPEAL NO. 1678 705 M. AURORA STREET The Board of Zoning Appeals considered the request of Flora and David Sagan for an area variance to permit conversion of the existing garage at 705 North Aurora Street for a "home office" and for storage. The decision of the Board was as follows: MR. WEAVER: I move that the Board grant the area vari- ance requested in Appeal Number 1678. MS. FARRELL: I second the motion. PROPOSED FINDINGS OF FACT: 1 ) The deficiencies are not subject to correction without demolishing the building . 2) The use proposed seems to be completely compatible with the residential neighborhood in which it exists. 3} The granting of this will not exacerbate any existing conditions. 4> This does not increase the space used in the property' VOTE: 5 YES; 0 NO; 1 ABSENT AREA VARIANCE GRANTED PAGE # 31 ___ BZA MINUTES SECRETARY HOARD: The next appeal is Appeal No . 1679 for 103 Spring Lane: Appeal of Martha Wolga for an area variance for deficient lot area, excessive lot coverage, and deficient setbacks for one side yard and the rear yard , under Section 30 .25, Columns 6, 10, 12, and 14 of the Zoning Ordinance, to permit the addition of a solar room to the south side of the single family dwelling at 103 Spring Lane . The property is located in an R3a (Multiple Dwelling ) Use District in which the proposed use is permitted ; however under Section 30 . 49 the appellant must first obtain an area variance for the cited deficiencies before a building permit can be issued for the addition. The appellant did receive an area variance for an addition in July 1985; however that addition ' was not constructed and the one now proposed is of a different configuration. CHAIRMAN TOMLAN: Welcome again. MRS. KUCKES: I 'm Martha Kuckes, this is my husband Arthur . As you know, you granted us a variance a few months ago . The variance at that time was for a room that would measure ' 6 x 20 feet and once we had the variance and got down to the nitty gritty of deciding what we would actually build , we ' PAGE 32 BZA MINUTES decided on a four seasons greenhouse which happens to measure 8-1/2 feet by 18'4" . (unintelligible) MS. FARRELL: Say that again? A difference of what? MRS. KUCKES: Twenty two square feet . MS. FARRELL: Oh , between th1s one and the last one? MRS. KUCKES: Right . This one is a little wider and a little shorter than the previous C. But previously I �ad ' somewhat arbitrarily picked that figure, 6 by 20, I hadn' t ' looked into any structures at that point . ' ^ MR. KUCKES: It is not 8-1/2, it is 8'2" , isn' t it? ' MRS~ KUCKES: CHAIRMAN TOMLAN: Questions? ' MR. SCHWAB: So it is basically the same thing? ^ MRS. KUCKES: Right ' MR. WEAVER: It is a couple of feet nearer the neighbor . MRS. KUCKES: Yes it is' MR. SCHWAB: Nearer the back neighbor . ' CHAIRMAN TOMLAN: Are there any smaller sized prefab units? . MRS. KUCKES: CHAIRMAN TOMLAN: Are there any that just happen MRS. KUCKES: No, it was 5 something . CHAIRMAN TOMLAN: Five , something? MR. KUCKES: CHAIRMAN TOMLAN: MR. KUCKES: Well , multiple by 3 feet I believe' . ` MRS. KUCKES: So by 18'4" , the same length . . CHAIRMAN TOMLAN: By 18^4" . . PAGE 33 BZA MINUTES - 3/10/86 MRS. KUCKES: The present neighbors look forward to our building this room. CHAIRMAN TOMLAW: Further questions from members of the Board? (none) Thank you. Is there anyone else who would like to speak in favor of the granting of this variance? (no one) Is there anyone who would like to speak in opposition? (no one) That being the case, it is ours. ` ` PAGE 34 - --' BZA MINUTES DISCUSSION ON APPEAL NO. 1679 103 SPRING LANE MR. SCHWAB: Is the rear lot line - let me see if I understand this, I see no change in the rear yard SECRETARY HOARD: I hope you aren' t going to ask these questions . . . MR~ SCHWAB: I see no change in the rear yard , it seems wrong? MS. FARRELL: Just the percent of lot cc'verage, isn' t it? Basically it increases thirty percent . . . MR~ SCHWAB: But what about the rear yard depth? SECRETARY HOARD: Well , this is a side yard - you see the problem is, it is not on a City street . What I did , I forgot what I did . . . CHAIRMAN TOMLAN: Yes, tell us what you did . SECRETARY HOARD: I chose one combination . . . MR. SCHWAB: So , what is the front yard? SECRETARY HOARD: I chose Spring Lane as the front yard . MS. FARRELL: Which the house faces Cl SECRETARY HOARD: Yes. So the addition would be in the side yaro . . . MR~ SCHWAB: Oh , the side yard . SECRETARY HOARD: As you face the building , standing on ' Spring Lane . MR. SCHWAB: So it is still okay? MR. WEAVER: And that is the one you have listed under ' Column 12 on the worksheet? PAGE 35 . ' — D MINUTES SECRETARY HOARD: No , Column 13, it is the one that got smaller . MR. SCHWAB: It has gone from 12'5 to 6'5. MS. FARRELL: But it is still okay? SECRETARY HOARD: Yes. MR. SCHWAB: It is 6 feet closer , but okay. SECRETARY HOARD: Yes. Did you follow that Chief? MR. WEAVER: Most of it . PAGE 36 BZA MINUTES - 3/ 10/86 DECISION ON APPEAL NO. 1679 103 SPRING LANE The Bord of Zoning Appeals considered the app aeal of Martha Wolga Kuckes for an area variance to permit the addition of a solar room to the south side of the single family dwelling at 103 Spring Lane. The decision of the Board was as follows: MS. FARRELL: I move that the Board grant the area variance requested in Appeal No. 1679. MR. SIEVERDING: I second the motion. PROPOSED FINDINGS OF FACT: 1 ) There would be a practical difficulty in meeting re- quirements of lot area, percentage of lot coverage, side yard and rear yard setbacks that could only be solved by taking pieces of the building off. 2) The deficiencies in lot area, side yard and rear yard setbacks would not be exacerbated by the proposed change. 3) The percent of lot coverage would be increased by a very small amount, approximately 3%. 4) The proposed change seems to maintain the character of the neighborhood . VOTE: 4 YES; 1 NO; 1 ABSENT AREA VARIANCE GRANTED ` PAGE 37 . ` BZA MINUTES - 3/10/86 SECRETARY HOARD: The next appeal is APPEAL NO. 1680 FOR 520 WEST SENECA STREET: Appeal of Elizabeth B. Mayer for an area variance for a deficient front yard setback under Section 30.25, Column 11 , and a Special Permit for a private school under Section 30.26, Paragraph C of the Zoning Ordinance, to permit the conversion of the existing church at 520 West Seneca Street to a private school for prekindergarden through eighth grade students. The property is located in both R3b and R2b (Residential ) Use Districts in which the proposed use is permitted only . with a special permit; therefore the ' appellant must obtain both a special permit . for the school and an area variance for the . deficient front yard before a building permit . or Certificate of Occupancy can be issued for . the conversion. . MR. BUYQUCOS: Members of the Board , this is Mrs. Elizabeth Mayer , who operates the school and this is Professor James Mayer , Professor of Material Science at Cornell and he is sort of a power , in some degree, behind this (unintelligible) which is occupied by Mrs. Mayer . You know the o Cr of this application - this petitin - very briefly, this building has been in existence - we have been told - at le�st eighty years. In 1899 the Ladies Union of PAGE 38 BZA MINUTES - 3/10/86 ` Benevolent Society , a charitable society, which is still in existence, conveyed this property to the Ithaca Children`s ' Home. The property was operated by the Ithaca Children's ' Home for - as a home for children - and we believe that prior to that it was also operated for the same purpose. In ' about 1952 - 53, this property was sold to - transferred to the Assembly of God - a church - and since that time it has been operated as a church . The building itself is located in a 3b district - that building fronts on Seneca Street . The back yard is kept open - that is the part that is in a . 2b district . The function of the school , as I say , the . building has been in its present location since - well at least eighty years and I think we could probably find an earlier date. Mrs . Mayer , if you wish , can explain very briefly the operation of the school , if you want her to she ' will do that . MRS. MAYER: Briefly . We are an independent , not for profit ' elementary school for prekindergarden through grade 8, we ' stress exellence in academics, with tender , loving ' individual care for the children. We began - we are in our ' fourth year of operation - we opened our first fall with thirteen students - we now have fifty-nine students. We are ' chartered by the New York State, which means that we have an ' equivalency of curriculum as a public school in Ithaca . We are also associated with the New York State Association of Independent Schools and we are due for an extensive � ' evaluation by that Organization. It is a little - trying to PAGE 39 BZA MINUTES - 3/10/86 Wt people of Ithaca know that we are serious with our school and not just something that has popped up out of the wild blue. Strong emphasis on reading , writing , math , foreign languages are offered - or are required for all children ages three and above. A good strong music program and this year , because of the size of the classes we have a P.E. instructor as well , and have added swimming to the program. We consist of a group of dedicated teachers who are not only certified but more importantly , enjoy working with children and they put in a great deal of time doing this. School day begins at 8:30 and cfficially ends at 2 : 45 but because we meet the needs of the parents, as well as the children, we have some children arriving as early as 7:30 ; this morning as early as 7: 15. Sc it is a staggered hour as far as that goes, we have a number of children who arrive between 8:00 and 8: 30. About ten percent of the children leave at noon because they are in the prekindergarden program, then we have those who leave at 2:45 and again , almost half of the school population remains in an after school program - again, trying to meet the needs of the children and the parents . And those children are picked up at various hours from 3:00 to 5:00, it is not all one big group going at the same time . MR. BUYOUC8S: Excuse me just a minute, how many teachers do you have? MRS. MAYER: I have six teachers. PAGE 40 BZA MINUTES MR. BUYQUCOS: And how long have you operated a school in Ithaca? MRS. MAYER: This is our fourth year . MR. BUYOUCOS: And before that , you were in California? MRS. MAYER: No , I was two years at the State University in Cortland as a Associate Professor in Education and then in California as Curriculum Coordinator fcr kindergarden through grade nine and also fourth grade teacher . MS. FARRELL: I have a question. You have six employees now, your projected is to be eight and you have fifty-seven I now and you project eventually ninety? Is that what you can hold there, I mean, is that the maximum amount that . . . MRS. MAYER: No we could hold more than that but I do not want it to grow to an oversize because I want to keep the classrooms small - class sizes small . MR. SIEVERDING: The total staff is eight? MS. FARRE0L: It will be eight , it is six now. MR~ SIEVERDING: It wi1l be eight , okay , that 's teachers as well as whatever kind sf support staff you have? MRS. MAYER: Yes. MR. SIEVERDING: And the students who are going to be going to school here, how are they going to arrive? MRS~ MAYER: It states here that they can come by foot , automobile or buses. Very few of our children actually walk . They are about ten right now who arrive by school buses and the rest are by automobiles . PAGE 41 BZA MINUTES - 3/10/86 MR. SIEVERDING: And is that generally - is there a peak time when all these kids are dropped off, or is that staggered over a period of time? MRS. MAYER: It is staggered , it comes, as I say, some arrive between 7:30 and 8:00 - we always know who those children are and we are ready to meet them and we do greet each child or each car load , bus loadspeak . MR. SIEVERDING: So does class begin at a set time? MRS. MAYER: MR~ SIEVERDING: 8:30 every morning . So basically we are talking all these kids arriving between 7:30 and 8:30 in the morning? MR. BUYQUCQ8: Thatis correct . . MRS. MAYER: That is right . . MR. BUYQUCOS: Would you please emphasize that last point . . There is always some one of the staff who is in attendance. ' MRS. MAYER: Yes, someone is always at the curb to meet the children, to help them out of the car so that parents don' t - I believe in letting parents get on their way and working ' with the children, so we do greet them and then there is somebody inside who actually walks them down the hallway to their . . . MR~ BUYOUCQS; But you escort them from the automobile or ' the bus . . . . MRS. MAYER: To the MR. BUYOUCOSc To the door . PAGE 42 BZA MINUTES MR. SIEVERDING: And a lot of these kids arrive with their own families, I mean there is not , is it correct to assume that once you are at full capacity , we are talking about eighty cars coming in that hour to drop in kids off? MRS. MAYER: No , they are bussed in also , by the local school district . MR. SIEVERDING: Right you had mentioned that there are about ten students who take busses? MRS. MAYER Right now, yes. Next year there will be - there could '17' more on the Ithaca bus, more on the Trumansburg bus because they are five years old , and when they reach kindergarden age they can come by the bus. Before that they cannot be bussed . MR. BUYOUCOS; And what is the traffic pattern? They come down Seneca Street , which is one way . . . MRS. MAYER: My plan is that we would - I want them will have a traffic pattern where they actually drop the children off by arriving at Seneca, I do not want to use the drive oubecause I tI- Iink that is tno dangerous and parents usually agree to the fact that if you give them a set pattern, they will abide by it . MS. FARRELL: I have a question about eligibility for using city busses, I mean. . . MRS. MAYER: For school busses? MS. FARRELL: MRS. MAYER: Good old Robert Kennedy put that in the books a i numbeI of years ago . . . PAGE 43 , BZA MINUTES MS. FARRELL: So private schools . . . MRS. MAYER: That 's right , private schools, within a certain distance of the school , qualify . I don' t do anything about that , the parents have to arrange that with the local school and we actually have two outlying districts that will even bus our - the children to our school when they are not in session, but I have asked them not to do so , I think it is foolish to abuse the privilege. They are not required to do so when they are not in session. We have a very good rapport with all of these people. MS. FARRELL: But - with the School District busses, you would assume with those , they were just coming at the school time, those wouldn' t apply to the kids who are coming for the preschool programs and things like that , those would need to be brought by parents. . . what percentage of your students are in those programs? Not the preschool , I mean the before school programs. MRS. MAYER: Not too many - it is not really a before school program, parents arrange - they will say they have a meeting +hat they have to go to at a certain hour and could they drop off their children or we have medical doctors who have operations on Thursdays so they are required to be at the hospital at an early hour , but they always arrange for that in advance. I don' t know, it is eight to ten children. MR. BUYOUCOS: It is for the convenience of the parents. It is not your requirement . PAGE 44 ' ` BZA MINUTES - 3/ 10/86 MRS. MAYER: Right and so the child is not left alone wondering what to do next . MR. BUYOUCOS: And it is true, isn' t it , that if no busses were available then that the parents wc'uld bring their children in their own cars. MRS. MAYER: Yes' MR. WEAVER: While we are understanding private schools, does this building have to meet any schoo] standards? MRS. MAYER: According to the people at New York State w Association, we meet our local standards and that 's hat we are here to find out , what we need to meet . MR. WEAVER: I don' t know anything about building standards. CHAIRMAN TOMLAN: There is a difference between building and zoning . MR~ MAYER: We have to meet the Ithaca and State Building Code which we discussed with Mr . Hoard . There is no additional educational code imposed on independent schools above the normal building code. In other words, we come , in building code, under C5 for assembly. Churches schools are C5.5 and that 's the extent , I 'm scrry , I ' interrupted . ' CHAIRMAN TOMLANr Do you have any further comments? ' ` MR. MAYER: Yes I have something t::, ' CHAIRMAN TOMLAN: I b li t iti ' e eve you were f jus wa ng or . . MRS. MAYER: He was just dying . . . . MR. MAYER: 1%1r., this is - that 's true - this is at the ' request of Mr . Hoard who asks that I not say much and to ^ PAGE 45 , BZA MINUTES - 3/ 10/86- give / 10/86give you sketches - and in general , to maintain the calm wherever possible. MS. FARRELL: So this is the same as this thing we got . . . MRS~ MAYER: Except there is a letter - yeah , right , part of it is, yes. MR. MAYER: Yes . May I say the sketch in the front is the same as you have. The inside sketch is our proposed educational additions, not the requirements to meet the code. And basically we planned the educational part to make no changes on the exterior of the building and add partitions in the main part - remove walls, add a toilet , etc . in the other - on the second floor . If the special permit is granted , our next step will be to prepare architectural drawings in contact with Mr . Hoard and Mr . Dieterich so we can make the code . I do not know what extra internal changes will have to be made. The next page you have is from Dr . Kramer , who is on the Board of Directors, I ` think you have that in your notes already . He is pointing ' out the fact that we. . . . ' ` MRS. MAYER: You don' t need to do that , they already have ' ° it . ` MR. MAYER: Thank you . The next letter is from a parent who essentially is also a Board member and the key statements are in the second paragraph and the third . In the second ^ ` paragraph he says " I 've been involved with the Mayer School ~ ' for the past four years, first as a parent and later as a ' Board member , I have only praise for the manner in which the . PAGE 46 . BZA MINUTES - 3/10/86 school is operated . " And he says he has also been involved in a search , his last comment is " it is in my opinion the school would only enhance the neighborhood" . I would like to add something , that in the years that I have been associated - some twenty-five years - with my wife as a teacher and head master , she has always, as a head mistress, she has always done her best for the children and I want to , I just snatched from her a letter that just arrived for another reason, it is not included because it is a personal note, I thought it would give a marvelous flavor of he,.-- school erschool and this is from a grandparent in Massachusetts who wrote because her husband - who is dying - and she wanted Betty to give some support to parents and she says, "for a long time I have been wanting to write to tell you how pleased I am with all the good things I hear about you-.-- school . ourschool . It has been a wonderful experience for my granddaugher , turning her into a child who is blossoming out and eager to learn. It is also a great relief to me to to know that my daughter has found a real friend , etc , etc , etc . " A marvelous letter of support , which I took . . . MRS. MAYER: That just arrived tonight and you weren' t . supposed to have it . , MR. MAYER: Yes. Anyway I can also answer questions on the building , the architect and other questions like that . MR. SIEVERDING: Have your discussions with the City . included at all creating some sort of a short term loading ' zone in front of the building? If somebody parks their cat,-- PAGE arPAGE 47 � BZA MINUTES in front of the school , I should think that is going to have MRS. MAYER: Okay , they will not park in front of the school . The reason for the parking spaces is that on the de would be if a parent hasto come in to do any talking , they can do that . The Planning Board suggested that things stay as they are with the loading and unloading in front of the building . MR. SIEVERDING: What is to prevent me - at 8:00 o 'clock Tuesday morning from parking my car in front of your building? MRS. MAYER: You, not a parent? MR. SIEVERING: Right . MRS. MAYER: I ' llbe out there and tell you to move on. MR. SIEVERDING: But ' . ' MS. FARRELL: I think there are "no parking" signs there now. MRS. MAYER: There are "no parking" signs. MR. SIEVERDING: Is that true? MS. FARRELL: Yeah , yeah , because of the church . MRS. MAYER: That 's right , it is definitely marked as a loading and unloading only . MR. BUYOUCOS: We are going to insist on that and I think the City would favor ` MR. SIEVERDING: Have you had those discussions with the ' Board of Public Works as far as having some sort of a loading zone designation there or short term standing? ' PAGE 48 BZA MINUTES - 3/10/86 ing MR. MAYER: It is a load - I mean it . . . MRS. MAYER: It is already there . MS. FARRELLr Because it is a church . CHAIRMAN TOMLAN: Because it is a church , it is MR. SIEVERDING: No parking . . MS. FARREL1-: Yeah , right there to there, say . (pointing to an outline) Are you planning . . . MR. MAYER: We do have an emergency - excuse me, to reply - there is an emergency contingency which is that if there is someone who is - car breaks down, or something , in front , we plan to leave this cut through between Seneca and Buffalo open. That is our emergency in case every possible contingency - disaster occurs, they can pull there because my wife, the head mistress, will not permit kids to be discharged in an unsafe place. MR~ SIEVERDING: Well , I guess my concern is really that if you have two or three cars stacked waiting to drop off kids and you've got one or two no parking zone in front of the building , whether or not that is sufficient to get those cars out of that traffic street and off to the side without ' impeding the flow of traffic . Typically what is done in commercial zones within the City is that often cases - 200 East Buffalo street , for instance - a good portion of the frontage of the building is designated as a loading zone with no parking so that there is plenty of maneuverability for two or three or four cars there, to get in and get out . I 'm just wondering whether particularly in this instance PAGE 49 BZA MINUTES - 3/10/86 when you are talking about kids getting in and out of cars whether that kind of issue shouldn' t be addressed with the Board of Public Works. MR. MAYER: As far as I can recall , the entire frontage is marked as an unloading area - (-:2 feet . MR. BUYOUCQS: Is that right? Oh , yeah , that 's right . CHAIRMAN TQMLAN: As indicated on the map . MS. FARRELL: You also are planning to continue this as a driveway then, through here? MR. MAYER: Itis right now used as a driveway . MS. FARRELL: Yes, I know. I am also concerned that it generates a lot of traffic , you know, it certainly is going to be a more intensive use of this building than has been there for thirty years or so , on a day to day basis, it also may be generating a lot of - you know, you are asking people to unload here but . . . . MRS. MAYER: No they will not do it through there, absolute] y not . MS. FARRELL: All right , would you be spposed to blocking this off and just making a walk through there instead of a driveway? MRS. MAYER: No , I would not . MR. BUYOUCOS: Wait a minute, what do you mean by blocking it off? MRS. MAYER: Making a walkway . . . . MS. FARRELL: Yes, I mean a walk through instead of a . veway. PAGE 5� BZA MINUTES - 3/10/86 MR~ BUYOUCOS: I don' t know that 1., have to do that . MRS. MAYER: I would prefer to keep it open because I think that in emergencies, if somebody had to get through that it would be better but I don' t , certainly don' t want cars driving through there. It has been my experience with parents that , if you have a plan set up , that they will abide by that - they actually appreciate one taking the effort to set something up that seems to be the safest route for their children . MR. WEAVER: There are other people involved here, there is a neighborhood already existing that has children and so this sidewalk is more important than just to you. MRS. MAYER: Yes, but I certainly wouldn' t want them to drive over that , I think . . . MS. FARRELL: This is also a big mud mess right here now . How big is this 1.3 play area? MR. MAYER: It is roughly 36 x 25 feet . It is primarily being enclosed so that in a controlled fashion . . . little kids in prekindergarden can go out . MS. FARRELL: Where are the older children going to go? MRS. MAYER: In the lower floor there is a multi-purpose room - on the first sketch - that we are hoping to use for an activity room. And the older children will be walking to the public library to do their research work - that will be another way that they get their exercise. We also take them to the Ramada Inn for their swimming . PAGE 51 - -- — ' BZA MINUTES - 3/10/86 MS. FARRELL: Can you use the - it 's the basement - you can use that as the gym or something? MRS. MAYER: No , it is not the basement , it is the first floor of the building - the room that has moveable parons - where moveable is misspelled . MR. MAYER: Good Lord . Dinged once again. MR. BUYOUCOS: There is one factor in wanting to keep that exit open .... you don' t know what kind of an emergency may arise where you might have to have people going all the way through , you just don' t know. The school does not intend to use it as an exit or an entrance but in an emergency , it is a very good thing to have . Itis the only block , it is the only property in that block which gces all the way from Seneca Street to Buffalo . MS. FARRELL: Yes and that 's why I 'm concerned about it for its neighborhood impact on the rest ofthe neighborhood . MR. BUYOUCOS: Well not if they say that they are not going to do it . . . MS. FARRELL: Well , you know, that is my concern, that 's ' your concern - there are different concerns. MR. BUYOUCOS: I was just wondering if you make it a conA ition of the operation of the building , if you word it in such a way, that only in an emergency , but not to force them to put a fence up there, so that it can be used . MR. MAYER: I don' t care about the fence or anything else, what I would like you folks to realize is that the safety of ' the kids comes first and . . . PAGE 52 BZA MINUTES MRS. MAYER: And of the neighborhood children as well - we are concerned about all children and adults too , who don' t pay attention. MR. MAYER: Holy Smokes, there is no intention to use this as a go through because kids will be in there . During the school hours, unless there is an emergency , as alluded to , there is no way that people are going to be going through there. CHAIRMAN TOMLAN: I 'd like to change the direction of the conversation slightly, if I might . Do you have any idea who is parking on the property at present and the reason I ask this, I will lay out front , is the Board in the past ha.-ii.- been asbeen concerned with the granting of variances conditional upon other people getting parking within a certain distance of those properties and it seems to me there are an awful lot of cars there . Do we have any idea, or does the Building Commissioner know who is presently parking on that property who , by virtue of the granting of this variance would suddenly be without parking , assumedly? MR. MAYER: Well I 've heard from the Reverend Poole that ' ` Ceracche is - that some of his employees use the lot here rather than their own building lot , or their own lot across the way . I have noticed on occasion, when driving through there has been one or two cars parked near the Buffalo spot . According to the Reverend Poole, these belong to neighborhood people and they move their cars on Saturday or PAGE 53 BZA MINUTES - 3/ 10/86 Sunday . Now, as far as I know, there are only two cars concerned there, other than the ones that Ceracche ' . . CHAIRMAN TOMLAN: All right , so you are saying that there may be four cars that belong to Ceracche employees, perhaps? MRS. MAYER: We don' t 1-:: what the number is. CHAIRMAN TOMLAN; You don' t know, and there are a couple c'f others, do we know about the rest of the cars on the site? MR. MAYER: I 'm trying to tell you, as far as I know there is one family ng on the second floor - that 'I. and I don` t know whether they have - I believe they have two ' . . MRS. MAYER: They do have two cars. MR. MAYER: They have two cars. Their name is Correiro , they do live on the second floor . We will not say anything more about whether they should or shouldn' t but they do live there. He is the assistant minister . As far as I can tell , according to Reverend Poole, there are these other cars from Ceracche in this part . They do have their own lot . . CHAIRMAN TOMLAN: Do we have any further information about the rest of the cars, I mean the lot is full . . ` MS. FARRELL: It was full today, it had fourteen cars. . CHAIRMAN TOMLAN: Absolutely full from one side to the other ' and it 's . . . MR. BbYOUCOS: Excuse me sir , was that with permission? CHAIRMAN TOMLAN: Well that `s what I ' m trying to find nut . MR. BUYOUCOS: Or was it that they simply went in or do they rent it out? PAGE 54 BZA MINUTES - 3/10/86 CHAIRMAN TOMLAN: I understand , but that 's what I 'm trying to find out . Do we have any information on that? SECRETARY HOARD: If you mean, if you are asking if these are dedicated parking spaces. . . CHAIRMAN TOMLAM: That 's right . SECRETARY HOARD: To other uses in the neighborhood , as far as we know , they are not . CHAIRMAN TQMLAN: Okay . MR. MAYER: The only ones that I know for sure, according to Reverend Poole are the two - I 've seen one, I 've seen none, I `ve seen two hanging out here . MR. BUYQUC8S: But they are not dedicated . CHAIRMAN TOMLANr Fine. Any other questions from members of the Board? MR. BUYOBCOS: May I just bring out something? How many children have you been told by the church , from their records, are there on a Saturday or a Sunday? Or maybe any other day . MRS. MAYER: We haven' t been told by the church , I only noticed on their attendance board - sometimes there is ninety-five children and two hundred fifty adults. MR. SIEVERDING: On a Sunday? MRS. MAYER: I don' t know . They meet other times, other than Sunday - they have meetings in the evening also . MS. FARRELL: Wednesday night , I think . ` PAGE 55 BZA MINUTES - 3/10/86 MRS. MAYER: And I 've just seen their attendance board , I don' t know whether that ' s - you know - hymn number or what but it says attendance. CHAIRMAN TOMLAN: Any further questions? Thank you. Is there anyone else who would like to speak in favor of granting this special permit? Please come forward . MR. HOWELL: How do you do? I 'm Frank Howell , I 'm here representing the Parent 's Group of the Mayer School . Very briefly, I would just like to indicate our support by explaining to the Board that we have been aware of the search that has been ongoing for the last two - two and one-half years by the Mayers, to find an alternative site, knowing that the Ithaca School District was going to be needing the West Hill School site . Secondly that based on my experience and my child has been there since the school began - since they first opened the school - the Mayer ` s have spent a great deal of time and money on enhancing the current site through their library and through any number of investments, both in time and in money, I 've known the Mayers since they have been in Ithaca and I feel very confident they would invest a great deal of time and effort in enhancing the neighborhood or maintaining the current status of the neighborhood . And finally, it has been my experience that they are extremely consistent and recognize ' the need to have these children supervised properly . Every day, as I drop off my daughter , one of the staff is at the curb at all times, when cars stop , and they walk the child PAGE 56 BZA MINUTES in and another staff takes the place, so they are very , very careful in that respect . We as a parent 's organization whole heartedly approve of this site, being based in many different neighborhoods, we feel that this is an excellent site and we hope that this Board will approve the permit . CHAIRMAN TOMLAN: Any questions from members of the Board? Thank you . Is there anyone else who would like to speak in favor of the granting of this special permit - it is also an area variance? MRS. MAYER: May I just make one more. . . CHAIRMAN TOMLAN: Briefly , briefly . MRS. MAYER: Briefly , briefly, briefly , okay . As I stated in my - at the opening - it is a not for profit - school . We never have made a profit , nor do we intend to . As an independent school - that is kind of important . MR. WEAVER: I was hoping you were a tax paying outfit . CHAIRMAN TOMLAN: Is there anyone else who would like to speak in favor? (no one) Is there anyone who would like to speak in opposition to the granting of this permit and variance? (no one) That being the case , it is ours. PAGE 57 BZA MINUTES - 3/10/86 DISCUSSION ON APPEAL NO. 1680 520 WEST SENECA STREET CHAIRMAN TOMLAN: I ` ll start off with a comment just to , in a sense, reiterate Tracy' s point about the increased traffic in that alley . I can remember , and you, Charlie, may well remember too , the promise we had from just across the street , not to demolish a certain building - to increase the parking and not more than three weeks after we granted our variance on the supposition - the building came down and the parking was increased and the trafficbetween one street , that -.1 State and Seneca, has increased remarkably through that alleyway ever since. I would only point out that we `ve come up against promises like this before and promises in and of themselves don' t hold much water after the fact . MR. WEAVER: Well fundamentally I `m not here to champion Cil- c.: c'c: rchooI don' t think that question is I--- CHAIRMAN CHAIRMAN TOMLAN: True . MR. WEAVER: But Section 30.26, 3 a and b , as they apply to what will happen, I guess that is not contested - but we will have that many people coming and going . That last phrase A says the enjoyment of or rather thereof and B is involved with traffic and parking demand - that seems to me to be a serious consideration. We are projecting - we don' t have any count and we won' t have any count until - wouldn' t have any until after , so we' ll have to - each of us will have to make our own judgment . But that is all we are here PAGE 58 BZA MINUTES - 3/ 10/86 ' ` for is to grant on a basis of conformance (unintelligible) ` and essentially nothing else of impractical difficulty or- tearing rtearing the front porch off . It seems not to be technically . any kind of a problem no matter which way you fly . CHAIRMAN TOMLAN: Further discussion? . MR. SIEVERDING: I think - another comment (unintelligible) Charlie was just making with respect to traffic . I don' t think the issue is so much the potential increase in traffic . because Seneca Street is actually fairly heavily traffic ^ street , but I think that points up another difficulty, in my ' mind anyway, and that is this whole issue of discharging of somewhere between fifty and ninety school age kids in one hour period of time, with apparently no provision for pull-off, no proposed signage indicating that this is to be ^ a school , so that people are aware of that activity going on as they are travelling down Seneca Street . I think that is a big concern, especially as it relates to this section B about creating a safety, general welfare problem. I think in the same kind of context as far as general welfare has to do with this whole proposed play area issue, I `m not exactly sure how many square feet this relates to but , it seems as far as having a site that provides suitable outdoor play ' areas for the children going to this school , in that kind of sense , I think the site leaves a little bit to be desired . MS. FARRELL: The signage - I mean - the School District might put up signs for speed limits and things like that , if the school goes in there . I mean, I 'm not sure that 's too ` PAGE 59 . � BZA MINUTES much of a problem . It still could be a problem just- processing ustprocessing that many pull-offs per hour . The signs I don` t think would be a problem . CHAIRMAN TOMLAN: Stewart? MR. SCHWAB: The only situation like this that I am at all familiar with is down at Chapel Hill , where I am from. The two busiest streets in town have a number of churches and what not and day care and they actually use, I think , quite effectively that alley as the method for discharge . I hear the general comments all saying that that ' s a horrible idea, it seems to me it 's safer , in that you are off Seneca Street when you are unloading . But am I off base here? MS. FARRELL: I think it is probably safer for the kids coming in to the school , I 'm not sure it is safer for people walking to school in that neighborhood , there is a lot of foot traffic in that neighborhood . Also at those hours , � ' walking to Central School and Immaculate Conception, which ' are right down the street on Buffalo Street , so I 'm not sure - there is also foot traffic going the other way from those streets, up to West Hill . ^ CHAIRMAN TOMLAN: More specifically, Stewart , if you would look at the Section 3b that we have been kicking around . 30.26. The operation in connection with any special use , shall not be more objectionable to nearby property by reason . of noise, fumes, increased vehicular traffic and parking . I . mean, to increase the circulation inside the block would be disastrous, at least in my opinion, to the adjoining PAGE 60 BZA MINUTES - 3/10/86 properties for whatever purpose. I mean, just by virtue of the amount of vehicular access you provide. You are right insofar as the way in which you would drop people off but this is precisely what occurred on the other side of the street , when essentially we had tried to hold the building line T-1 keep the coherence and what essentially occurred is that it has become nothing more than a large drive-in and parking lot . I 'm also a little bit concerned about what happens to the people who are parking there now, even though they are not designated , I really continually wonder where all the cars are going next . MR~ SCHWAB: As far as that is concerned , I 'd say if they don' t own it - if they don' t own the parking CHAIRMAN TOMLAN: Well , that 's true . MR. SCHWAB: It 's their tough luck and the neighbors. SECRETARY HOARD: It seems to me the problem with relying too heavy on 3a and 3b is that - for a school - anywhere they go that ' s going to keep them out in a residential neighborhood . CHAIRMAN TOMLAN: Well I think in a - coming back to Tracy 's ` position, which I think was the most sound , I 'm rather inclined to believe that if, and incorporating in a sense, what Herman is saying , that if you were to develop (changed tape here; therefore missed some of the dialogue) if in fact ' it is one to go forward with . MS. FARRELL: Seneca Street is extremely busy now, it is hard to tell whether that amount of traffic would be a PAGE 61 ' -- BZA MINUTES - 3/10/86 problem on the street , as you said . I mean, you might not feel that that increase in traffic - then again, is there enough space there to deal th it? MR. SIEVERDING: I like the idea you are suggesting . Again, for me the issue is not the amount of cars, because I just don' t think that 's a problem for Seneca Street . It 's just adequate provision and signage, warning people that there is in fact a school zone, that there are going to be kids who are t going to be - or at least cars thaare going to be pulling off and discharg� ng students . It seems to me that with adequate signage and appropriate amount of space designated in front of the building , that perhaps cnnforms to the size of the lot at that point , it seems to me to be adequate r.:, In conjunction with closing off the access onto Buffalo Street and dedicating that back portion to an outdoor play area seems to be a suitable approach . MS. FARRELL: I mean, I 'm not sure if it should be closed to foot traffic , there could be a little opening , but just . . . MR. SIEVERDING: Closed to vehicular traffic . MS. FARRELL; Yes. Yes . Yes . Yes . Still with the walk through . CHAIRMAN TOMLAW: Charlie? Any thoughts? MR. WEAVER: Yes, I wouldn' teven consider approval unless there is vehicular close-off on Buffalo Street . All the houses in this area would be affected by any substantial ^ traffic through there - not just the sidewalk but cars running from street to street - for whatever reason PAGE 62 BZA MINUTES - 3/10/8� should think would be objectionable in a residential neighborhood . MS. FARRELL: And these houses are right up close - there is a lot of houses very close to that line . MR. SCHWAB: There must be some of that now with people parking in there . MS. FARRELL: Yes I think there is. But it is not know - it is more sporatic . MR. SIEVERDING: It certainly was going on Sunday when I was there, because that is when the church was in attendance , you know, when you get to see how the traffic flows around the property. CHAIRMAN T8MLAN: Do I hear a motion? , PAGE 63 BZA MINUTES - 3/10/86 DECISION ON APPEAL NO. 168O 520 WEST SENECA STREET The Board of Zoning Appeals considered the request of Elizabeth B. Mayer for an area variance and a Special Permit to permit the conversion of the existing church at 520 West Seneca Street to a private school for prekindergarden through eighth grade students. The decision of the Board was as follows: MR~ SIEVERD%NG: I move that the Board grant the area variance and special permit requested in Appeal Number 1680 with the Special Permit conditioned upon the condition 1 ) that the vehicular access not be allowed through the site such that vehicles can pass through the property from Seneca to Buffalo or from Buffalo to Seneca, by blocking off the Buffalo Street side of the property from vehicular ingress and egress, 2) that a pull-off area or loading zone be established that conforms to the width of the property on Seneca Street and that this area be designated as a "drop-off" point for the students who are going to be going to school here and 3) that somewhere farther east on Seneca Street there be warning signage indicating that there is a school up ahead and to forewarn motorists who are traveling along Seneca Street that there is a school and a potential safety problem ahead. With these conditions met, the conditions established in Section 30.26, Paragraph C-4, Subparagraph iv, are adequately met with the proposed ^ conditions to the variance. PAGE 64 - - ' BZA MINUTES - 3/ 10/86 FINDINGS OF FACT: 1 > Practical difficulty has been shown in that picking up a building and moving it back would be impractical to meet the required front yard setback. 2) The existing condition is not out of character with the rest of the properties up and down Seneca Street. 3) The Board has heard no comment, one way or the other from surrounding property owners. MR. SCHWAB: I second the motion. VOTE: 4 YES; 1 NO; 1 ABSENT GRANTED W/CONDITIONS PAGE 65 BZA MINUTES - 3/ 10/86 SECRETARv HOARD: The last appeal is APPEAL NO. 1681 FOR 116 NORTH PLAIN STREET: Appeal of Joseph Quigley for an area variance for deficient off-street parking and deficient setbacks for one side yard and the rear yard under Section 30.25, Columns 4, 13, and 14 of the Zoning Ordinance to permit an addition to the existing real estate office building at 116 North Plain Street. (J. D. Shippy Realty, Ltd. ) . The property is located in a B2a (Business) Use District in which the proposed use is permitted; however under Section 30.49 the appellant must first obtain an area variance for the listed deficiencies before a building permit can be issued for the addition. MR. QUIGL-EY: My name is Joseph Quigley, this is Patricia Williams, my associate. We recently leased the J . D . Sh � ppy Realty Company with the option to buy for a Real Estate Office. The economic viability of a Real Estate Company in this area requires that we have a certain number of agents to be able tosuccessfully pay our expenses. The area that we have in this building is not economically viable over the long haul , we only have eight hundred and twenty five square feet . We are proposing an addition of approximately a thousand square feet , which we understand requires that we obtain two additional parking spaces. The other problem with the addition is the way the original is built - it was PAGE 66 ` BZA MINUTES built too close to the boundary lines. The addition that we propose, I guess you all have the . . . ' MS. WILLIAMS: Did you get the little pictures? BOARD MEMBERS: Yes. MR. QUIGLEY: It is a very upscale type building which would ' fit very nicely with the present building - it would only enhance the area and give a needed shot in the arm as far as the appearance and the economic vitality of that end of ' town. I guess that ' s it . MS. WILLIAMS: I would like to say that when I met with Mr . ` Dieterich , we have parking - did you get one of these [holding up a drawing submitted with appeal ] (Board members ' replied in the affirmative) okay, there is a driveway here, . ^ there is a driveway here - not right now, without this addition part - there is a driveway over here . When I . talked with Mr . Dieterich he said there might be a problem . with backing out on Seneca from here, so we got permission from our next door neighbor - the Breck Upholstery - if need be to have two parking places back there . But in Real Estate the Agents are usually out , they are not in all at once, they are out - hopefully selling - and there is the person who is on floor and the secretary - generally the . office is empty. Right now we have cubicles, they are little cubicles and there is no privacy and when you bring ' people in to talk about their finances, they don' t want the guy in the next booth hearing everything they are saying so ' PAGE 67 BZA MINUTES what we would like to do is put ten private offices in that ' addition . MS. FARRELL: The question that I have about parking then is that you've got seven places arranged in the configuration on the map . If you rented two places - you need eight places, according to our worksheet - so you are deficient 1- % ywaIf you get the two places from Breck Upholstery, does that r".. that you are getting rid of two cf these places? MS. WILLIAMS: Yes. Then the other - then that person could pull in sideways instead of coming in this way and back around to get out so he could pull out forward . MR. QUIGLEYwhere you have the tree in front of the building? (unintelligible> side by side . MR. SIEVERDING: So you are parking this way? MS. WILLIAMS: Yes, then he could back around . Yes, because Peter was worried about him backing out on Seneca Street . MS. FARRELL: Okay , so that would give you two and four and two which gives you eight . Is it legal to park in this way? You know, parallel to the street and all that? MS. WILLIAMS: I think so . MR. SIEVE RDING: Is there a certain distance Tom that the parking space has to be from the sidewalk? SECRETARY HOARD: Not in a business zone. MR. SIEVERDING: Not in a business zone . PAGE 68 BZA MINUTES - 3/10/86 MS. WILLIAMS: Plus there is quite a bit of footage there because you have to have the depth for a car going that way, so I figured one going that way has got to be okay. CHAIRMAN TOMLAN: I can only make an observation here on your elevation drawings and that is that one elevation drawing shows you to have a gable roof and the other elevation drawing shows you to have a hip roof and that geometrically is impossible. MS. WILLIAMS: .1. no artist . I am not an artist . wt--, we want to do is have - we found out - Mark Zaharis told me that he knows where we can get slate because we love this building and we want to keep it this same way, and we can ` still do the stucco and that supposedly will be, you know ` the extension - that is the way I want it to look from - ` with the little - essentially another one of these [pointing ' to a picture] only with windows. MR. WEAVER: Where are you looking from? Seneca? MS. WILLIAMS: When you are facing Seneca Street , yes and then the side view would be that other cne but I 'm sorry, I ' just - we don' t have an architect yet and I tried to draw ` those to give you as good an idea as I could . MR. WEAVER: Ynu should keep on selling real estate . MR. SIEVERDIMG: Tom whatis the rear yard depth required in this zone? Is there one? On the table there, I 'm trying . �o . . . SECRETARY HOARD: ° PAGE 69 . ' BZA MINUTES - 3/ 10/86 CHAIRMAN TOMLAN: You just mark it as deficient , you don' t even care what might be required? ' MS. WILLIAMS: I might want to add that it - strangely ' enough our legal address is Plain Street . Our mail comes to 401 West Seneca Street but our . . . MR. SIEVERDING: I had to do a double take after I drove down Plain Street . I knew where it was but . . . ' MS. WILLIAMS: Yes. I didn` t discove-I-- -n tr-j nto the office. SECRETARY HOARD: 17'i fteen percent of the depth of the J. MR. WEAVER: Under the circumstances that 's a. . . . ' Commissioner , if you will give me the depth I will be able ' to calculate that , but I don' t have the depth so . . . fifteen ' percent of what? MR. SIEVERDING: And the depth is being calculated from North Plain Street , that 's the property address? MR~ QUIGLEY; That 's the legal address, right . MR. SIEVERDING: So it looks like, Charlie, you've got forty-seven and twenty-six . MS. WILLIAMS: Well I see on this little map , Dieterich drew this and I think that 's seventy-three . . . MR. SIEVERDING: Seventy-three feet , that 's what I calculated . MR. SCHWAB: And virtually all building . That 's why the MR. WEAVER: Ten feet . MR. SIEVERDING: Yes ' PAGE 70 BZA MINUTES [discussion took place which wasn' t picked up by the tape recorder - everybody was talking at once] MR. QUIGLEY: And it is at least six or eight feet . . . there is a wood shed on there now . MS. WILLIAMS: Well that - I hope we don' t have to move. That 's the old building . CHAIRMAN TOMLAN: Is there any justification or reason for the overall size, aside from the fact that you are increasing , I mean, you are suggesting twenty by forty-two foot addition, but that ' s a fairly significant addition, I 'm just kind of wondering why? MR. QUIGLEY: Economic necessity of it all . We are opening what is called a hundred percent real estate office. A hundred percent real estate office is a totally different scheme as far as the way it operates its business. We do not take a percentage of the realtor 's commissions . We sell a realtor desk fees; he buys a desk and so many square feet of office. It takes so many of those people, paying a desk fee to make it an viable economic entity . We 've calculated that fourteen people is what we need to have working there to make our investment worthwhile. That ' s what drives the square footage for the addition - that magic number - fourteen agents . MS. WILLIAMS: Do you understand what that means? It is a really different concept . MR. SIEVERDING: So your realtors charge their own - what is it five percent , six percent , commission? ` PAGE 71 ` BZA MINUTES - 3/10/86 ' ` MR. QUIGLEY: They get their own commission, right . We . ` don' t care how many houses they sell , they are paying us an . overhead and desk fee, which has cranked into it a reasonable return on our investment . . MR. SIEVERDING: And then you provide all of the clerical , telephone answering service and all of that kind of business. MS. FARRELL: Sort of like a hair dressers. ` MR. SIEVERDING: In addition to the fourteen sales people , how many other people are going to be working there? MR. QUIGLEY: One :, MR. SIEVERDING: Just one other person. CHAIRMAN TQMLAN: Do you have any comment in response to the ^ notes of the Planning and Development Board which questioned ' the notion that three of the parking places, that is, the ' ones closest to the corner , had direct street access? ' MS. FARRELL: That 's what we were talking about . ' MR. WEAVER: Trying to make them parallel with Seneca rather than - only two instead of three . ' CHAIRMAN TOMLAN; I see ' ' MR. QUIGLEY: One more than we needed - but the two that we arranged to lease . MS. FARRELL: You` ll have eight , right? Is that what you mean? MR. SIEVERDING: Six on site, plus two off . MR. WEAVER: He' ll meet the minimum. . PAGE 72 ` ^ - BZA MINUTES - 3/10/86 MR. SIENERDING: And then - you have a lease from the adjoining property owner and I guess that is something you've got to check out before you. . . MS. WILLIAMS: Yes we have a letter from them. MS. FARRELL: Tom, does somebody check that they haven' t overdedicated their parking spaces - we've talked about that before - I mean, you know, you could dedicate and dedicate and double dedicate. SECRETARY HOARD: Yes, we do check . Sometimes what happens is the person that leases the spaces - when the lease runs out , notifies us because they are losing that income. MR. QUIGLEY: That space is not being used now. If you were there today, there was one car back there. CHAIRMAN TOMLAN: 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? (no one) . VOICE IN THE AUDIENCE: I would like to speak in favor of . it . CHAIRMAN TOMLAN: This is your chance. . VOICE IN THE AUDIENCE: That 's it , I just spoke in favor of . it . CHAIRMAN TOMLAN: Okay . Then it 's ours. ' , ^ ^ ' , ` ` PAGE 73 � BZA MINUTES - 3/ 10/86 DECISION ON APPEAL NO. 1681 116 NORTH PLAIN STREET The Board of Zoning Appeals considered the request of Joseph Quigley for an a area variance to permit n addition to the existing real estate office building at 116 North Plain Street . The decision of the Board was as follows: MR. SIEVERDING: I move that the Board grant the area variance requested in Appeal No. 1661 with the condition that the appellant annually demonstrate the existence of a lease whereby the owner of the property is renting two (2) parking spaces within 500 feet of the premises. The Board recognizes that the existence of a lease for the two parking spaces doesn`t materially alter the existing deficiencies that are noted on the worksheet ( the side yard and the rear yard) , and that there is, in fact, a fairly substantial increase of the lot coverage. MS' FARRELL: I second the motion. FINDINGS OF FACT: 1 ) The proposed use is consistent with the zone and it doesn't materially alter the neighborhood . 2) Although there is an increase in the percentage of the lot covered, it is within a business zone, which is appropriate. 3) There is a practical difficulty in terms of not being ' able to change those deficiencies, given the existing site configuration and size. VOTE: 5 YES; 0 NO; 1 ABSENT GRANTED W/CONDITION PAGE 74 ^ I, BARBARA RUANE, DO CERTIFY THAT I took the minutes of the Board of Zoning Appeals, City of Ithaca, New York, in the matters of Appeals numbered 1676, 1677, 1678, 16793 1680 and 1681 on March 10, 1986 in the Hall of Justice, 120 E. Clinton Street, City of Ithaca, New York that I have transcribed same, and the foregoing is a true copy of the transcript of the minutes of the meeting and the 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. '!42r B Ruane Recording Secretary Sworn to before me this day of , 1986 JEAN J. HANIKI 1SON NOTARY PUBLIC, STATE OF NEW YORK No. 55-1 5&0800 QUALIFIED IN TOMPKINS COLINTI� MY C0P119@ISSIOiY EXPIEES MARCH 30,19