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HomeMy WebLinkAboutMN-BZA-1974-01-04 1174 I, J jI Mr. Janes opened the meeting and asked that the first order of II business be that a Chairman be elected for the year 1974. I I' MR. KASPRZAK: l move that Peter Martin be elected Chairmam , MR. BODINEs Z second that. MRS. HOLUMr 2 move the nominations be closed. The secretary was instructed to cast one vote For unanimous ap.• proval of the nomination of Peter Martin. I ii I !1 f I I �i , I !I i I � I I, I I '� I I f I BOARD OF ZONING APPEALS, CITY OF ITHACA# CITY HALL, ITHACA, NEW I YORK, FEBRUARY 4, 1974 wrrwrw+w+YYw.rrrrwr+h..rr...r►r.wrr.►wrrrrw....OMILwUI►Mi1�i.rr.Yrranr.+w.r.rr.•w►riw+r.rwarr At a regular meeting of the Board of Zoning Appeals, City of Ithaca, held in Common Council Chambers, City Hall, Ithaca, New i I York, on February 4, 19741 I PRESENTt PETER MARTIN, Chairman C. MURRAY VAN MARTER GREGORY WPRZAK ELVA HOLMAN JOHN BODINE EDGAR GASTEIGER I EDISON JONES, Building Commissioner and Secretary DARLEEN LISK„ Recording Secretary Chairman Martin opens meeting,k listing members of Board present. This Board is operating under the provisions of the City Charter of the City of Ithaca and of the provisions of the Zoning Ordi- nancest the Board shall not be bound by strict rules of evidence in the conduct of this hearing, but the determination shall be founded upon sufficient legal evidence to sustain the same. The Board requests that all participants identify themselves as to name and addresef and confine their discussions to the pertinent facts of the case under consideration. Please avoid extraneous material which would have a delaying effect. Commissioner Jones lists what case No. 1035 is to be. APPEAL N4. 10351 The Appeal. of Collegetown Cameras & Cards for an exception to the Sign Ordinance under Section 5, Paragraphs B and Co at 316 College Avenue in a B-2 sone. DON TARALLOs MY name is Dom Tarallo of Collegetown I Cameras & Cards and my residence is at 103 Brandywine Road# Ithacag, New York. We are asking to replace the wording on the existing sign to what would be approks priate for our business as what is there now was owned and used by the prior busi noes. As I understand the Ordinance, a sign is allowed to project only 18" from i i the building and the one we wish to use projects 54 . CHAIRMAN MARTIN* If we did grant the exception but condi. tioned it to be brought into compliance by 1979 when all others must be also, would you be satisfied? MR. TARALIOs Yes, T would have to say we are asking t for the same privilege. MR. VAN MARTERs Can I ask how you arrived at the size for the sign? COMMISSIONER JONES# You take the size of the sign, which in this case is 4' by 5` and gat 20 square feet, and I didnwt notice until right now that they have down 40 square feet l but I mould have to say they were figure► I Ing it as beim a double-faced signs but it should be only the, 20 square foot. THE CHAIR# Are there anymore questions by the Board None* Is there anyone to speak in Favor of thi Appeal? None, Is there anyone to speak against this Appeal? MIKE CORRENTEs I am Mike Corrente from Cameras' N Thing at 319 College Avenue. I am strongly against allowing this exception to go through. When I went into business when I am it was just after this new ordinance was passed and I was told what I could have and that all signs must comply by 1979 and did T want to go to all the ex• f pence twice Well l decided to comply now I i I I **3*- and my wife made the sign we have to i conform with the Ordinance. The people i newt to us were told the same thing and m.y wife also made a sign for them to comply to the rules. I only maintain if we had to Comply so should they have I I tol and If the law is going to change for him# it should change for us. EDWARD MIRAJESKYs I am Edward Mirajesky of 108 Juniper Drive and I do not wish to speak in favor or against this appeals I only want to enter a letter of disapproval from Carl Steckler of Collegetown Lafayette Store Who could not appear tonight. EKHIET l «►.. letter from Carl Steckler of which a, obpy its attached. I I SALLY C©RRENTEs I am Sadly Corrents of 7 Candlev$cak Park. Ithaca, New York. I am opposed to the variance for the following reasons. I) When. the July, 1972 sign ordinance was passed# signs erected before that time were given until August$ 1979 to be re- moved or brought into conformity. i have been advised that the purpose of this delay until 1979* is to allow busi•. I f nesses to derive enough befiefit from al- ready existing sib to Justify the owner*s initial, investment in that sign. Nr. Tarallo had nothing to do with the Original sign in questions since it was Put up Yea" ago by a previous merchant. ( II} It also cannot be argued that kr. Tara to is Just -changing" or "alter ng" I i iI an already existing sign,. which would ( have remained there until 1979 anyway. j He is, In facts, erecting an entirely ► new sign. According to the sign ordi- trance# the definition of a "sign" is i "any material# symbol, emblem, structure or. device or part ther*otj composed of lettered or pictorial mattor. . ." SeveraL • i�i weeks after, he opened the business, Mr. Tarallo removed the old signs put up by previous owners. He took down "the 1 structure. . .cdmposed of lettered or pictorial matter. .." (the definition of "sign'") and is now attempting to put up a i '"structure. .composed of lettered or pictorial matter. .." So according to the ordinance's definition,, a new si is definitely being erected and should conform to the law. 111) There is also Little question in my mind that the old sign put up by previous nwners would have remained there much longer* anyway, The glass kn the sign had been broken for over a year and large pieces of glass couad easily have fallen and endangered sidewalk traffic. The old sign was a hazard to pedestrians as well as an eyesore# with its large, ugly fixtures proJecting upward above the roof and out over the sidewalk. Y} if merchants are going to be given variances to the sign ordinance 1*r-'the'A*k *"athi r* is no purpose in having a sign Ordinance in 0 i II i i j -.5- �I the first place. Every store owner wil undoubtedly file for a variance since everyone considers his own business "Special." ii EXHIBIT #2 - Petition from Collegetown merchants of which a copy is attached, On the basks of the reasons I have state and the names on the petition T am Fro. sentings I respectfully submit that this variance not be granted. ii FRED MILLER# I am Fred Miller from 707 forth Tioga Street, Ithaca„ New York. I wish tc mit a letter of approval from Jason H. i Fane Associates and a petition of appro i al from some Collegetown merchants. EXHIBITS #3 & 4 submitted respectfully I' of which copies are attached. i THE CHAIR# Are there anymore questions by the Board None. Is there anyone else to speak about this Appeal? None. 1 } i i I I f February 4, 19711 ' A53S To the Board of Zoning Appeals 7 I., Carl Steckler, acting as Manager of the Collegetown Lafayette Store, go on record as being opposed to granting a variance to the sign ordinance to Coll egetom Cameras and Cards. I feel that the sign they request would be adding tj the already deteriora- ting a1,nos)here in the Colle getovm area and :: stO y su-:port any attax—)t to block tris or zzny other stores fro:,; addiirg to t ,c of sigrrz in our business districts. -f-- �- z,�2 A44-/0 3s- I 6haca, : York Jan:.ar r, 171: de, the undersi-ned, are O:POSZD to granting a variance to the city si-n ordinance for a large, iUur:&mted, overlian�;i_nC sign requested by Ithaca Photo's ColleCetos'm Cameras and Cards store at 314-316 Collc�c .avenue. Ila e Addre s s �3 ze,e V"14 //"v 5 3 4 1-CS F f 6-k-,P- �lly J 1-,4c,_s e*4e 7,,; Nrrac" Af� Z t o C t-�,ejmr ()L,%-e. �6 o LD �nsL_ - c --- - — I 1 i I -74 ' / Ithaca, "ow York Jarn.ar,,r, 1271; lle, the rndersi-ned, are OPPOS;D to granting a variance to the city si-n ordinance for a large, illur.drated, overhanging sign reruested by Itizaca Photo's Collegetoin Cameras and Cards store at 311 -316 College .lvemae. Ida,,me Addre s s P t v �a-� C�1^ti�_ f�--✓� � �e?'4a'`.�'= AKII Klei U. ot lzvzg�A�— Q � � r r-- J I - I Itlhaca, ."c:r -,'Or:: januax-y, IPA, .'c, tlhc t ndci-s i_�ncd, are U:POST) to -rantd-nj, a var3_ance to the city si,•n ordinance far a lar'.C. 111 iL ilma-ted, ovcrlhanr-L - si 11 r er_l'cstcd by viiaca iriloto s Collc.-eto;m Cameras and Cards store at 314-316 G Collc�e vcir,.e. l la;he Addre s s LO I I i JASON R FAN E ASSOCIATES DYNAMIC MANAGEMENT 211 SHEL!�7N CT. OF EXISTING BUILDINGS 1 L ITHACA. NEW YORK 14850 607 - 273-9462 /C - �� (! 21 January 1974 Mr. Dom Tarallo Collegetown Camera & Cards 316 College Avenue Ithaca, N. Y. Dear Mr. Tarallo: This is to assure you that I support your application to change your sign at 316 College Avenue as set forth in the enclosed notice dated 19 January 1974. You may feel free to insert this letter into the record shouldyou desire or if you feel it will advance your cause. Very truly yours, ' n Jai n Fane 1 January 19, 1074 J To Whom it May Concern: We are seeking exception to the siq'n ordinance at 316 Collewe Ave . for Collegetown Camera & Cards . We are not chanvin7 the share or size of the existing sisn, only the face . The public hearincz will be Feb . 4, 107 . in the Common Council Chambers 3rd. floor o, the City Hall , 108 East Green Street, Ithaca, New York, at 7 :30 P.M. Thank you; Dom Tarallo x h �� 'y We the undersigned understand Collegetown Camera and Cards at 316 College,, Ave . wishes to replace the orginal sign on above location with one of like sl-ze sn.d illumina-- tion, utilaiz{ng the same frame and hanger. It is undersood that at the prescribed time they too, will comply with city ordinance and remove said sign. DATE NAME ADDRESS VIP 1761 y y- d1k r . /7 G ��� `��� d ��� ' � vf /�/�� a 3 i i J� 3 jl if fI I� I EXECUTIVE SESSION# BOARD OF ZONING APPEALSg CITY OF ITHACAi f FEBRUARY 4, 1974 ii Q APPANQ. 1Q35 •Irrr�W�r r il� bwllww•rr•uwri I MR. KASPRZAKs I more that the exception be denied. SIRS. H0IMA.N i I second that. JIMPIngs OF ?=,I I �I 1) Ths case as presented constitutes a new sign for a new business# they - • fore we feel that the Sign Ordinance should be adhered to as adopted by !� the Council$ 2) The applicant has failed to estab- fish that there was any substantiai � hardship involved in complying with ' the Ordinance. i f VOTES YES 6 NO 9 I i i i ,i i, I i i i I "6— BOARD 6-BOARD OF ZONING APPSALSo CITY OF ITHACA# CITY HALLS ITHACA# NEW I YORK* FEBRUARY 4„ 1974 rwYr rn�i�wr+11►fY«.1rMir•Y► r.Fst!M�rM �►�.Iww+IM+M MrM► r•1►+r.►iwraiM+liwt�/i►MMwMrwr .Urrrw+��wr UrsAs rrN404W i Commissioner Jones lists what case No. 1036 is to be. RUM NO, 1036# The Appeal of Kolar Machine for a variance unde Section 10-D, and an exception under Section 9.F4•a$ at 407 Cliff street in an R-3 sone. jLAWRENCE KOLAR# I am Lawrence Kolar of Kolar Machine of 407 Cliff street, Ithaca, New Mork. Th • variance we are asking for is to expand i our business in the residential sone and the exception is for parking in front Q the building paralel to the curb► The ( area along front of the building is I presently used for customer parking and e! this is behind the line of the sidewalk. I don#t really know what I can tell your and if you have any questions I would be happy to answer them. MR. KASPUAK# Which building do you plan to tear down MR. KOLARt� It is an existing house which gay father ) laved in for many gears and we want -t6"' " I' utilize the existing foundations and cover them back over with a now wall in the back and steel beams and new ,conore jI structure to put the new building "on. . i MR. KASPRZAK* How many employees do you have and how I! many parking spaces are there? MR. KOLARO We run right around 22 people and have approximately ll to 12 parking spaces. MR KASPRZAKI You work basic I ally one Shift? MR. KOLARt Yes generallY 8#30 a.m, to 400 p.m, i CHAIRMAN MARTIN# The recommendation we have from the i' Planning Board is that they suggest approval of the application upon lan4cap. Ing of the back slope, is this in keel4 i I ..7- I with what you had in mind? MR. KQLAR.a Yes, as a matter of facet we have been aware of the way it looks for some time I� and have wanted to do something but wit putting fill in there it wouldn't have i j dune any goods but when the project is I completed we will be happy to comply with this restriction, i SIR. BO DINES The area in the front of the office would be for customer parking and so forth as it has been in the past? ii SIR. KOLARs Yes along with myself many times or the girls who work in the office. I THE CHAIR# Are there any further questions by the Hoard? None. Is there anyone to speak in favor of this Appeal? None, Is there anyone to speak against this Appeal"? None, I I i 1 I i ,I I i li j I i BKECUTIVR SESSION, BOARD OF ZONING APPEALSo, CITY OF ITHACAl FEBRUARY 40 1974 � AMPAL Nth. 1236 CHAIRMAN MARTIN# I move we grant the variance subject to j the condition that there be landscaping ) on the shape in back, MR. BOI7INE: I second. that. 1 FTN X2S OF P'AC'T a i) The business* which is a nonconform ing use, required additional space j and more modern facilities which cannot be provided without unnscos«• Bary hardship on this property) i 2) Given the nature of this business* such an extension of the use would j not detrimentally effect the neigh* borhood. i jVOTRe YES -- NO- 0 CHAIRMAN MARTIN& I move that the requested exception for parking in the front of the building on Cliff Street be denied. MR. XASPRZAKt I second that. i i' 1) The applicant has failed to show that the requested parking is neensary= 2) The testimony and the plot plan pre. sented showed all theparking requ r d i by the Zoning Ordir'ancel it also -se6in desirable to ppreserve the space in Front of the building necessary for an adequate curb and a. safe sidewalk VOTE a YES b NO •. O f i i i j �I j i. I I i' i j BOARD OF ZONING APPEALS, CITY OF ITHACA„ CITY HALL, ITHACA# NEW ii YORK# FEBRUARY 4# 1974 jrrwr►.rr«r+w.r+wrw.Www.►.►.rrrrrw.+rwwwr��wwrww.w.rr+rw�rw .a.r.w'r.s.rn...wwrr..►+rw►rrar�.+r+nw.nn. i1 Commissioner Jones lists what case No. 1037 is to be. i I APPEAL NO. 10371 The appeal of First & Adams Inc. for an excep- tion under Section 7. Columns 14e 161 Section 9# subosection fe at 200 Hancock street in a B-2 tone. 1 ANCELO PETITO# I am Angelo Petito of 1137 Tr xansburg Road, Ithaca# New York. We are asking for exception to side yard requirements# rear yard requirements ant front yard parking at First and Adams Streets. Th� A & P have standardized the site of their buildings across the country to 25#000 square feet. We need to use the ' existing footings on the Adams and Lake i Street sides in order to get the square footage required. The expansion of the building will reduce the parking spaces from 143 to 122 but that still meets the requirements. DSR. KASPRZAKs Do you think it is fair for us a commu. nity to be asked to conform to something just because somebody or some company has standardized their size across the i !' country? �! MR. P3TITOM I don't really know how to answer that. One of the problems here also is that f we have a signed lease with the A & P and to go back to them and try to change it now would be difficult. MR. KASPRZAK# Why didn't you come to us first insload of going to- them first? i MR. PETZTOt I can't anever that. j �I I !j ii I i' t I' j� CHAIRMAN MARTIN# Can you detail for us what the exact I deficiencies are here? i MR. PRTIT4r The side yard required is 5' and we will� have 19 6"t the rear yard required is 201 and we will have 8*j and then of !� course the front yard parking is a technical thing because our address is on Hancock Street and that is where our parking is. THE CHAIRS Are there anymore questions by the Board? None. Is there anyone to speak in favor of this Appeal? LOUIS HQRVATHt I am Louis Horvath of 318 Lake Avenue, Ithaca, New York and I live directly across from the A A P and the old one never caused any parking on my vide of the street at all. I never saw a time when there wasn't enough space in the lot. � DOMINIC ROStCAt I am Dominic Rooica and I own the Liquor store directly across the street from the A & P store and I have been there for 50 years and have never seen a probl m . with the park ngg, as a matter of fact, I cantt remember very many times when the lot was ever completely filled. THE CWRr Is there anyone else to speak in favor of this Appeal? j None. Is there anyone to speak against this Appeal? ;None This concludes the public hearing and we will now go into executive session. i� EXECUTIVE SESSION* HOARD OF ZONING APPEALS! CITY OF ITHACA, � FEBRUARY 4, 1974 AURAL Not, 10, 7 s MR. KASFRZAKs I move that the exceptions be granted sub4ect to the condition that there be no deliveries on' the Adams Street side. � MR. VAN MARTERa I second that. { S 9E Mcl, 1) In order to rebuild the stare des. troyed by Fire it is necessary that it be somewhat expanded in rise which cannot be reasonably accom. plished on the property without the requested exceptional zj There isadequateprovision for pare in the proposed plan. V tTE# YES-6 N6*0 I i i I f i I I II i� I j 'i li li j I �i (I � it 'CERTI FICAT1 ON , j 'I I DA=EN F. LISKI DO CERTIFY that I took the minutes of the Board of Zoning Appeals, City of Ithaca, in the matters of Appeal. No. 103% 10360 and 1037 on February 4* 197 + at City Hall, City of Ithaca$ New York$ that I have transcribed the same and the foregoing Is a true copy of the ,transcript of the minutes of the meeting and the executive session of the Board of Zoning Appeals, City of Ithaca, on the above date# and the whole thereof, to the i best of my ability. Stenographer s i Sworn to before as this _:L4hday of � I ROMT G GRfV Notary hMic,StstN Of Now 41( I 1 �j I i I I i iI it I i? !i ,