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HomeMy WebLinkAboutMN-BZA-1989-11-13 The Board of Zoning Appeals meeting of November 13, 1989 was called to order by Chairman Michael Tomlan at 7:00 P.M. 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. Members of the Board who are present tonight are: MICHAEL TOMLAN, CHAIR JOHN OAKLEY BEATRICE MACLEOD HERMAN SIEVERDING JACK PECK JANIS COCHRAN ERIC DATZ, SECRETARY CAROL SNIPE, RECORDING SECRETARY Chairperson Tomlan read the Rules and Regulations of the City of Ithaca Board of Zoning Appeals. APPEAL NO. 1938 Appeal of Gloria Balluffi for an area variance for deficient front yard, side yards and rear yard under Section 30.25, Columns 11, 12, 13, and 14 of the Zoning Ordinance to permit the conversion of the two-dwelling unit main building to a single k family, four-bedroom home and the conversion of the rear building to a single dwelling unit efficiency at 312 Second Street. The property is located in an R-2B (Residential) Use District in which the proposed use is permitted; however, under Section 30.49 the appellant must first obtain an area variance from the listed deficiencies before a building permit and a Certificate of Occupancy can be issued. Appellant, Mrs. Gloria Balluffi of 312 Second Street began by distributing correspondence from interested parties that the Board had not received, and stated that she wished to reside in the rear PAGE 1 BZA MINUTES - 11/13/89 unit so that she could convert the main house into a single family home. The appellant answered questions from the Board members. The Chairman then asked if there was anyone present to speak in favor of, or in opposition to this appeal. There was no one. The Board then deliberated on the appeal. Motion was made by John Oakley and seconded by Beatrice MacLeod to grant the area variance requested in Appeal Number 1938. Proposed Findings of Fact: 1. The proposed garage apartment was permitted under a variance granted in 1979, and was largely completed; however, a Certificate of Occupancy was never obtained so that variance lapsed. In addition, the unit was occupied at the time that the current owner bought the property. 2. The proposal to make the house a single family unit means that there will be no increase in density on the lot. 3 . The deficiencies which are created by this proposal are dictated by the fact that the garage is a pre-existing building; in fact a new building would have to be created in order to create a conforming situation. 4. The proposed change would be in keeping with the character of the neighborhood and the spirit of the Ordinance. CONDITION: The house be made into a single family unit so that the number of units on the lot remain two. Vote: 6 Yes; 0 No Granted APPEAL NO. 1939 Appeal of Raymond Williams for a use variance under Section 30.25, Column 2 of the Zoning Ordinance to permit the vacant lot at 409 North Meadow Street to be used for used car sales with trailer. The property is located in a B-2A (Business) Use District in which the proposed use is not permitted; however, under Section 30.57 the appellant must first obtain a use variance before a building permit and a Certificate of Occupancy can be issued. Appellant Raymond Williams, residing at 41 Lower Creek Road, stated that he plans to keep about 20-30 cars on the lot - presently a vacant lot zoned commercially, which has been vacant PAGE 2 BZA MINUTES - 11/13/89 about 5-10 years, and there have been car sales there before. Chairman Tomlan asked if the appellant had received a letter from a neighbor who was in opposition, and showed the letter to the appellant to read. Chairman Tomlan then showed the appellant the Planning Board's comments and recommendations to read. John Oakley explained to the appellant what a use variance is and what is required to obtain said variance. Chairman Tomlan asked if there was anyone present to speak in favor of this appeal. Mr. Guiliano Lucatelli, 306 North Plain Street spoke in favor of the appeal. He answered questions from members of the Board concerning his attempts to sell the property. Chairman Tomlan asked if there was anyone else present to speak in favor. Mr. Hoyt Benjamin, owner of B & W Supply, which is right around the corner from Mr. Lucatelli's proposed car lot, spoke in favor. There were no questions from members of the Board. Chairman Tomlan asked if there was anyone else who wished to speak in favor of, or in opposition to, the appeal. There were none. The Board then deliberated on the appeal. Motion was made by Herman Sieverding, and seconded by Jack Peck, that the use variance requested in Appeal Number 1939 be denied. Proposed Findings of Fact: 1. It has not been sufficiently demonstrated that strict application of the Ordinance would produce an undue hardship in this instance. The owner's carrying cost for the property is relatively small. 2. The owner has received offers on the property that apparently would have put uses there that are consistent with the Zoning Ordinance. 3. There has been no demonstration that any hardship created is unique and not shared by other properties that have the same zoning designation. 4. Denial of the variance is consistent with the Ordinance and the character of the neighborhood. Vote: 6 Yes; 0 No Denied PAGE 3 BZA MINUTES - 11/13/89 APPEAL NO. 1940 Appeal of Ithaca Neighborhood Housing Services for an area variance for deficient side yard under Section 30.25, Column 13 of the Zoning Ordinance to permit the construction of a handicapped ramp at 406 South Plain Street. The four-unit multiple dwelling is located in an R-2B (Residential) Use District, which is a legal non-conforming use (grandfathered) ; however, under Section 30.49 the appellant must first obtain an area variance from the listed deficiency before a building permit can be issued. Appellants were Jennifer Cooper, 607 North Tioga Street and Carol Mallison, 1006 North Aurora Street. Ms. Cooper represented Ithaca Neighborhood Housing Services for the Rental Department and stated that they wished to convert one of the two first-floor apartments into a handicapped accessible apartment, which will require building a 30 foot long handicapped ramp going along the side of the house to the back porch. Ms. Cooper then answered questions from members of the Board. Chairman Tomlan asked if there was anyone who wished to speak in favor of, or in opposition to, this appeal. There was no one. The Board deliberated on this appeal. Motion was made by Jack Peck, and seconded by John Oakley, to grant the area variance requested in Appeal Number 1940. Proposed Findings of Fact: 1. The side yard deficiency is a result of where the house is and it would be impractical for it to be moved. . 2. The granting of the variance is in keeping with the character of the neighborhood and the spirit of the Ordinance. John Oakley amended the Proposed Findings of Fact, and accepted as the seconder,to add: 3. The parking deficiency is pre-existing and the proposed alteration will not affect it. Vote: 6 Yes; 0 No Granted APPEAL NO. 1941 Appeal of Robert Vanderhoof for K-Mart for a Special Permit to install a 1.8 meter satellite dish antenna to the back wall of the property at 744 South Meadow Street under Section 30.26-C of the Zoning Ordinance. The mercantile business is PAGE 4 BZA MINUTES - 11/13/89 located in a B-5 (Business) Use District in which the proposed installation must receive a Special Permit from the Board of Zoning Appeals before a building permit can be issued. Appellant Robert Vanderhoof, Union Springs, New York, an employee of Ithaca K-Mart stated that the firm wants to put the satellite dish in so they can communicate with the home office in Detroit, Michigan and also to help upgrade the computer system within the store itself, and to increase speed of credit approval to help the customers. He distributed pictures showing the proposed location of the satellite dish. He answered questions from members of the Board. Chairman Tomlan asked if there was anyone who wished to speak in favor of, or in opposition to, this appeal. There was no one. The Board deliberated on this appeal. Motion was made by Herman Sieverding, and seconded by Beatrice MacLeod, to grant the Special Permit requested in Appeal No. 1941. Proposed Findings of Fact: 1. The appellant has responded to all of the conditions that are set forth in the Zoning Ordinance for this type of facility. 2. The location of the receiving dish is in an unobtrusive location, therefore, will not have any impact on the neighbors or the zoning area in which the property is located. 3. The granting of the variance is in keeping with the spirit of the Ordinance. Vote: 6 Yes; 0 No Granted APPEAL NO. 1942 Appeal of Christopher and Caroline Black for a Special Permit for an Accessory Apartment for 409 Taylor Place under Section 30.27 of the Zoning Ordinance. The property is located in an R-lA (Residential) Use District in which the Accessory Apartment is permitted only under a Special Permit issued by the Board of Zoning Appeals. Appellant Christopher Black, 409 Taylor Place, stated that he would like to finish a semi-framed and finished apartment in the first level of his new home to accommodate his in-laws. He then answered questions from members of the Board. PAGE 5 BZA MINUTES - 11/13/89 Chairman Tomlan asked if there was anyone who wished to speak in favor of, or in opposition to, this appeal. There was no one. The Board deliberated on this appeal. Motion was made by John Oakley, and seconded by Jack Peck, to grant the Special Permit for an Accessory Apartment requested in Appeal No. 1942. Proposed Findings of Fact: 1. The proposed apartment will make up only 30% of the total square footage of the building. 2. The proposed apartment will not change the character of the building, will be within the spirit of the Ordinance and the character of the neighborhood. Vote: 6 Yes; 0 No Granted APPEAL NO. 11-1-89 Appeal of Shearson Lehman Hutton for a variance from Section 34.6-A-2, Permitted Signs in a Business District, of the City of Ithaca Sign Ordinance. The property at 105 North Tioga Street is limited to two signs within the permitted square footage; the request is to install an additional sign. The property would then present three signs. The property is located in a ' B-3 (Business) Use District in which the proposed number of signs would not be permitted without the approval of a variance. The appellant must, therefore, be granted a variance for the proposed additional sign before a sign permit can be issued. Appellant Ezra Cornell, 60 Colegrove Road, representing Shearson Lehman Hutton stated that a second sign would be added to the west face of the building, within the grillwork. The sign in question is the third sign, which he demonstrated by showing a videotape that he had made. Mr. Cornell then answered questions from members of the Board. Chairman Tomlan asked if there was anyone who wished to speak in favor of, or in opposition to, this appeal. There was no one. The Board deliberated on this appeal. Motion was made by Beatrice MacLeod, and seconded by Herman Sieverding, to grant the variance requested in Appeal No. 11-1-89. Proposed Findings of Fact: PAGE 6 BZA MINUTES - 11/13/89 1. There is a hardship in this case if the two signs do not serve adequately. John Oakley amended the Proposed Findings of Fact, with approval of the seconder, to add: 2. The existing sign, facing Tioga Street, is an integral part of the aesthetic of the building, and while it does not serve effectively, its function as a sign should be preserved. This sign is recessed off the face of The Commons and not visible to passersby. 3. The total signage on this building shall not exceed 40 square feet. Vote: 4 Yes; 2 No Granted APPEAL NO. 1943 Appeal of Rocco and Evelyn Church for an area variance for deficient off-street parking, lot width, and minimum side yards under Section 30.25, Columns 4, 7, 12, and 13 of the Zoning Ordinance to permit professional office and/or retail use of the property at 612 West State Street. The property is located in a B-4 (Business) Use District in which the proposed uses are permitted; however, under Section 30. 57 the appellant must first obtain an area variance from the listed deficiencies before a building permit and a Certificate of Occupancy can be issued. Appellants were Rocco and Evelyn Church, 612 West State Street, and their attorney William Shaw, 109 E. Seneca Street. Mr. Shaw, representing Mr. and Mrs. Church, stated that his clients have a property that they would like to sell, however, they are restricted in that the access to the parking in the rear of their property will not convey to the new owners. They have tried to find parking in the area to comply with the 750 foot radius to no avail. Mr. Shaw and the Churches answered questions from members of the Board. Chairman Tomlan asked if there was anyone who wished to speak in favor of this appeal. Mr. Hoyt Benjamin, owner of 618 West State Street spoke in favor of the appeal. He reaffirmed the parking problem in the West End citing various examples. There were no questions from members of the Board. PAGE 7 BZA MINUTES - 11/13/89 Chairman Tomlan indicated for the record that there was no one else in the audience, either pro or against. The Board deliberated on this appeal. Motion was made by John Oakley, and seconded by Herman Sieverding, to grant the area variance requested in Appeal No 1943 requiring five parking spaces with the conditions that the appellant find either: A. Three off-site spaces conforming to the Ordinance; B. One off-site space plus a lease allowing the occupants of the building access to the parking spaces in the back where they will provide four parking spaces. Proposed Findings of Fact: 1. The two side yard deficiencies are pre-existing and could not be easily resolved without acquiring property, which is practically impossible. 2. The parking deficiency is caused by the laxing of an easement, which there is reason to believe can be restored in the form of a lease once the property is sold. 3. The proposed variance would be in keeping with the spirit of the Ordinance and the character of the neighborhood. Chairman Tomlan asked if there was further discussion. Secretary Datz asked for clarification of the motion. John Oakley amended the proposal that this variance be for either professional or commercial uses of this site. Chairman Tomlan recalled Mr. Shaw, who asked questions about the demolition of two garages to create a parking lot of more than five spaces. There was further discussion on this matter concerning the parking and obtaining long-term leases. John Oakley further amended the motion; approved by seconder. Motion was made by John Oakley, and seconded to Herman Sierverding, to grant the area variance requested in Appeal Number 1943 for either professional or commercial uses requiring five parking spaces with the conditions that the appellant find either: A. Three off-site spaces conforming to the Ordinance; B. One off-site space plus a lease allowing the occupants of the building access to the parking spaces in the back PAGE 8 BZA MINUTES - 11/13/89 where they will provide four parking spaces; or C. If all five spaces can be provided in the back, it will not be necessary to have one space off-site. Proposed Findings of Fact: 1. The two side yard deficiencies are pre-existing and could not be easily resolved without acquiring property, which is practically impossible. 2. The parking deficiency is caused by the laxing of an easement, which there is reason to believe can be restored in the form of a lease once the property is sold. 3 . The proposed variance would be in keeping with the spirit of the Ordinance and the character of the neighborhood. Vote: 6 Yes; 0 No Granted with conditions The meeting was adjourned and the Board went into Executive Session. Respectfully submitted, Carol Shipe Recording Secretary PAGE 9