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HomeMy WebLinkAboutMN-BZA-1974-08-05 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, AUGUST S, 1974 At a regular meeting of the Board of Zoning Appeals, City of Ithaca, held in Common Council Chambers, City Hall, Ithaca, New York on August 5, 1974: PRESENT: PETER MARTIN, CHAIRMAN GREGORY KASPRZAK JOHN BODINE ELVA HOLMAN C. MURRAY VanMARTER EDISON JONES, Building Commissioner and Secretary NANCY JONES, Acting Recording Secretary ABSENT: EDGAR GASTEIGER Chairman Martin opens meeting, listing members of Board present and stating that one member is absent and it takes four votes one way or the other for an appeal and anyone wishing to hold their case over to the next time in hopes of having a full Board present may do so. This Board is operating under the provisions of the City Charter of the City of Ithaca and of the provisions of the Zoning Ordi- nances; the Board shall not be found 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 address, and confine their discussions to the pertinen facts of the case under consideration. Please avoid extraneous material which would have a delaying effect. Commissioner Jones lists what case No. 1055 is to be. ARPEAL NO. LOSS: The Appeal of Jonathan H. Parker for an area variance under Section 3S.2S, Column 6 $ 10, at 144 East Spencer Street in an R-3 zone. MR. GASTEIGER arrives late. MR. PARKER: Members of the Board: My name is Jonathan Parker and I do own the property at 144 East Spencer Street. At present it's a one-family dwelling occupied presently by both my parents and my wife and myself in an apartment which we have constructed on the third story. I'm applying for an area variance to allow my wife and myself to rent this property as two separate apartments. We don't own sufficient property as far as square lot surface, also the build- ings at present occupy more than thirty percent of the lot space. Now there aren't land available to increase the lot size or, of course, the percentage. The parking is within five hundred feet of the Woolworth's parking lot, so -2- parking is ample. I don't believe it will change the actual area of the neigh- borhood as far as the spirit of the neibhborhood. Most of the property on the street, 144 East Spencer Street, or all of Spencer Street (East Spencer Street) is, not all but a large percentage of it, is rented to students and has been developed into apartment areas. I'm Burp most of you probably would welcome it. I want to rent. CHAIRMAN MARTIN: Is there anything that would leads you to say that it's unfeasible to continue to keep this a single-family home? MR. PARKER: In one respect. My parents are retiring this October and they are going to Florida and as such I would own a one-family dweliing home which has two apartments in. It would be a little large for my wife and myself to say the least. Through financial reasons, as well as others, we'd like to be able to rent it. CHAIRMAN MARTIN: You're saying the division into two apartments has already occurred, the structural alterations and so forth. MR. PARKER: Exactly. CHAIRMAN MARTIN: When did that occur? MR. PARKER: Approximately a year ago. CHAIRMAN MARTIN: With proper approvals and so forth? MR. PARKER: Yes. It's a very large house. It's two total living units and it would be quite economically and feasibly impractical for us to occupy the whole unit. We'd like to rent both units and buy a house elsewhere. That's what we'd like to do. I believe it's not contrary to the spirit of the zoning law that this be allowed because the whole nature of the neighborhood, with very few exceptions, is exactly as I'd intend to have it. CHAIRMAN MARTIN: Do any of the Board have questions? Murray. MR. VanMARTER: You have existing two living units? MR. PARKER: Yes. MR. VanMARTER: And you're asking for what, please? MR. PARKER: To be allowed to rent them. MR. VanMARTER: How did the request come about? I mean by what means did the application happen? MR. PARKER: I was under the opinion that it was necessary to have a zoning variance to be allowed to rent those two units in an area which more than thirty I � -3- percent of the land was covered by buildings and the square feet area of the lot was below the minima requirement for rental property. CHAIRMAN MARTIN: Maybe the question is this: Why wasn't the variance required when you put in the second unit a year ago? MR. JONES: It was all in the family there. It was one family. He was living with his parents. MR. PARKER: There's no renting involved. There's no private entrance, no fire escape. There's just a second living unit developed in the third story which had previously been an attic. MR. KASPRZAK: Is there any problem with parking? MR. PARKER: We're well within five hundred feet from the Woolworth's parking area. Besides that, the city lot, I believe it's F, is open from I believe it's 8:30 to 6, I mean it's not open between 8:30 and 6, but before those hours it is open. So in other words, as long as your car is moved before 8:30 in the morning and it's not there present before 6 in the evening you can park in there also-- Iopen to the public. i MR. KASPRZAK: Do you have parking on your property? MR. PARKER: No, I do not. MR. KASPRZAK: None at all? MR. PARKER: No. I think there's one, maybe two, garages on the whole street, the whole block, counting both sides. But it's well within the five hundred feet from the Woolworth's parking lot, which is, of course, the city. MRS. HOLMAN: Do you wish now to add an outside, and separateT entrance and fire escapes? MR. PARKER: I've already secured building permits for this and am in the process of doing this now. Obviously if I don't secure the permission to rent, it'll just be a feature as far as sale, and also as far as saving, of course, but yes, I'm in the process of doing this now. MR. KASPRUK: And you are in an R-3 zone, I take it? MR. PARKER: Yes, that's right. CHAIRMAN MARTIN: Any further questions from the Board? MR. GASTEIGER: I think that stated somewhere it's characteristic of the neigh- bortibod. MR. PARKER: Very such so. i i -4- MR. GASTEIGER: Can you cite examples of this? • MR. PARKER: Our next-door neighbor, previous next-door neighbor, Robert C. Grover, he owns property 142, and then across the street, I think it's 139 to 139, he present lives at 108 Hinewoods Drive, I believe. He rents five units. As far as if I had to stop and think of the families, actually singular units that are occupied, they're actual tenant-owner families, there would be very few. Maybe four on the whole block that I'm personally aware. It's basically rental to students, absentee ownership. CHAIRMAN MARTIN: Any further questions from the Hoard? MR. GASTEIGER: Persumably these other units are in violation or they have permission? Is that correct? MR. JONES: AWW$/KWj$: Say that again please? MR. GASTEIGER: Presumably these absentee owner rental in this area have either permission or have obtained variances? or they are in violation of the code? MR. JONES: I think most of the properties in that area would be in violation of the code as far as lot size and percentage of lot coverage is ooncerned. would • MR. PARKER: If I may interrupt. I would guess that theyA OOtO probably exist in that state prior to the regulations. I can think of two that were undoubted) created as multiple dwelling units, apartment type buildings and I would just guess, I have lived there twenty-seven years and maybe four years off for school the and I would guess that most of them, not knowing anything about ftdt date of the your existing regulations, but guess most of them were in that situation, or classification, prior to your regulations. It's always been a heavily rented student street. CHAIRMAN MARTIN: I have a question, not for you but for our Building Commissioner, that I guess I'd like to get into the record. A quick reading through the Ordi- nance, leads as to the superficial impression that id you subdivide a building into two dwelling units, even though they're members of the same family live in them, without adequate yard size and so forth, that's a violation of the ordinance. So the variance would have been required a year ago, now I gather from what you said, that's not been the operating interpretation of the ordinance. MR. JONES: It should be the operating method but what happened here when Mr. Parker's father came in, this was an idea the son and daughter-in-law was going Ito live in the same house with them and then, I don't know for what reason, they _S_ decided there they want their own kitchen area there, they want their own bath- room area thate, and they sub-divide it into two dwelling units. ( CHAIRMAN MARTIN: O.K. MR. JONES: Knowing that if something ever happened and that person moved out, that his father would have to be back here or else they would have to cease and dosis , CHAIRMAN MARTIN: But, technically speaking, had they tried to adhere to the ordinance when they started putting in separate kitchen, separate bath, making it a separate dwelling unit for the son and daughter, then they should have had a variance then. MR. JONES: I would have to say yes. MR. KASPRZAK: In reference to what, thot size of the lot? CHAIRMAN MARTIN: The same thing that brings him in now. They were putting in 0 second dwelling unit without an adequate yard. MR. KASPRZAK: What were the lot requirements at that time? MR. JONES: The lot requirements at that time would have been 5,000 feet. � MR. KASPRZAK: That's 2,500 per unit. MR. JONES: 5,000 for the first unit. The lot is undersized even for one. MR. KASPRZAK: If I read it correctly, than, right now, tOA10 we need only what 2,5000. MR. JONES: Right now you need 3250 for the first unit. Minimum lot size in R-3 is 3250. MR. KASPRZAK: Well, I'm questioning that because in here it says that thirty- two five hundred is required the minimum here. I don't understand. The construction is either new or it's beginning from zero at the time. The conversion under Section 3 makes me read differently, J%1* 0$ that they only required 2500 feet. MR. VanMARTER: We don't have a multiple dwelling. MR. KASPRZAK: That's why I'm omitting No. 2 and I will consider that CHAIRMAN MARTIN: It's a No. 3 conversion of multiple family. MR. JONES: Multiples don't start until there's three or more. CHAIRMAN MARTIN: All right. well, in any event, we've I think had all the questions we have for you. MR. PARKER: Thank you very much. CHAIRMAN MARTIN: Are there any people who wish to be heard in favor of this appeal? Anybody here wishes to be heard against? That concludes our hearing on Case 1055. EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, AUGUST 5, 1974 APPEAL NO. 1055: MR. MARTIN: I move that the request for area variance be denied. MR. KASPRZAK: I second it. FINDINGS OF FACT: 1) There has not been adequate showing here that despite the difficulties peculiar to this property, to prevent complying with the density requirements of the zoning ordinance; 2) There has not been adequate showing that the property cannot continue to be used as a residence with a single dwelling in it; 3) The discrepancy between the required lot size for a second unit and the coverage required by the ordinance in that in this property is quite substantial; 4) Testimony showed that there was no on-site parking. VOTE: YES - 5 ABSTENTION - 1 NO - 0 1 -6- BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITH[CA, NEW YORK, AUGUST 5, 11974 Commissioner Jones lists what case No. 1056 is to be. APPEAL NO. 1056: The Appeal of Guy J. Natali and Mary E. Natali for a use variance under Sec. 30.25, Column 2, at 517-519 North Cayuga (I Street in an R-2 zone. MR. NATALI: I've never had to appear before but we're seeking a variance because we live next door to a gas station for about twenty-five years and now we've taken out the gas pumps and we'd like to put in a minor auto tune-up shop, with- out body work. The neighbors have called us and said that they're very happy that we've bought the gas station because I have my insurance office next door to it, my wife and I reside there and children and we feel that we're going to better our piece of property as well as our neighbors. I was practically forced into buying it. I'm at the stage where I don't particularly like to invest more money but with having two children in college and a wedding in the offing, we feel that the property would be in a much better position before we get through. CHAIRMAN MARTIN: How long ago did the gas station cease operation? MR. NATALI: About November of 173. CHAIRMAN MARTIN: November 173. Less than a year? MR. NATALI: Less than a year. CHAIRMAN MARTIN: And why are you here? You're here because the Building Commissioner told you that this was not the same use that had been there before? MR. NATALI: Right. MR. KASPRZAK: You made a statement that you were forced, or something to that affect, to buy that property. Would you explain that please? MR. NATALI: Sure. Well, I didn't want a motorcycle shop to go in or a speed shop and I wanted to protect my own property. I feel that this is a twelve month deal. If this papses, we'll have a lease for a year. In the meantime, we'll get an architect to draw upO plans to possibly put an office building there. We'll reface the front and mage it a brick building so that it will complement my piece of property. MR. KASPRZAK: So in a way you were not1brced. You are looking ahead and trying to somewhat protect yourself "A as well as invest some capital intake. O.K. 41f you were forced it's one story but if you are actually buying as a protection i I) i� _7_ ( for yourself as well as an investment, that's another story. In my thinking anyway. CHAIRMAN MARTIN: In terms of what's going on there, how much different is the in activity that will be going on AAA the proposed minor tune-up shop from what went on when it was a gas station. MR. NATALI: Well, the gas station CHAIRMAN MARTIN: Did you serve him? MR. NATALI: Yes, they did. Certainly. Because thpy serviced my vehicle for years. Bill Porter had it for years. They would operate, possibly Ithink 7, maybe even earlier, in the morning to about 10 at night. So now, with the minor auto lune-up shop it will be 8 to 0, five days a week, and half-days Saturdays. Within the lease it will read that there will not be vehicles stored it will be kept clean and that's it for twelve months. BBcause I've had to put on a new roof, I've had plumbing expense, taxes, and of course insurance. And my insurance office is right next door and I certainly couldn't have a noisy shop next door and do my insurance business. MR. GASTEIGER yWIYAO 914 You bought the property since November 1973? MR. NATALI: No. It was closed November and I, let's see when did I buy it, July, yes July. MR. VanMMrter: July of this year? MR. NATALI: Yes. MR. VanMARTER: May I ask if you are going to install pumpb? and sell gasoline? MR. NATALI: If I did I wouldn't be here] You see? But I took them out, the kas problem is out, the neighbors are so happy because when they refill the tanks, say at 10 or 11 at night there's all these gas fumes. MR. VanMARTER: Are the underground storage tanks taken out? MR. NATALI: They're out. The island's out. Tha*1s my problem. I shouldn't have taken them out, probablp. I could go back to a gas station if I'm turned down. You see? I have a year right? CHAIRMAN MARTIN: A year from the time that the filance MR. NATALI: But I don't want a gas station. I don't want the fumes. `CHAIRMAN MARTIN: Any further questions? MR. BODINE: Guy, there won't be any air tools and things like that? MR. NATALI: No air tools. No power tools. Just a compressor and no body work. i 1 IMR. GASTEIGER: Could you comment on the relative number of cars. I think some- ' where I read there was a complaint, there was a worry, concern that there would be cars parking there. MR. NATALI: Well, one of the partners is here. Most of it will be done by appointment. As far as I can see, there should be less havoc and less congestion. MR. MPRZAK: What difficulties, if any, would you have if we said since you are planning to convert it to office space and what have you, that you do it now rather than wait? MR. NATALI: Well, that's a good question. I'd rather not do it now because I need time, I need breathing room. These gentlemen need it for a year. I'm help- ing thea--they're helping me. By the time I get my plans drawn up, there's a realty outfit that's very, very interested in the property, I would prefer to have it as an office. But there's a gas station down the other side of the block, there's the Northside drug store, there's a liquor store there, I have signatures from the neighbors, from at least half of them, saying "let's go", I have A Laundromat plans here, which is all right, I don't need a variance for a laundromat. But I don't want a laundromat--10 or 11 o'clock at night. I think this is the best thing, I'm trying to improve the property. CHAIRMAN MARTIN: Any more questions from the Board? I guess not. Thanks. Is there anyone else who would like to be heard in favor of this appeal? Anybody who would like to be heard in opposition? If not, that concludes our hearing in Case 1056. I� EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, AUGUST S, 1974 PEAL NO. 1056: VanMARTER: I move that the requested use variance be granted. R. MARTIN: I second that. . Van HARTER: The requested use variance will be granted subject to conditions contained in the testimony by the applicant as follows: 1) The use as described n the application be permitted for a period not to exceed two years; 2) The Board recognizes the incongruity of the problem of not permitting a B-4 use when in fact the only difference between the use permitted according to the ordinance definition of gasoline service station may include the operations described in he application; 3) The owner's testimony indicated that his desire was to alter o allow business office use and that his request for this use would not extend beyond a period of twelve months; 4) The intended use as business offices is ermitted in this B-2 zone. The Board's desire is based upon the desirability f up-grading the property and the timetable of two years is considered reasonable. OTE: YES - 5 ABSTENTION - 1 NO - 0 i -9- BOARD OF ZONING APPEALS, CITY OF ITHICA, CITY HALL, ITHACA, NEW YORK, AUGUST S. • 1974 Commissioner JoneA lists what case No. 1057 is to be. APPEAL NO. 1057: The Appeal of Egg Specialties, Inc. for a use variance under Section 3425, Column 2, at 407 West Seneca Street in a B-2 zone. MR. VASSE: JAhn Vasse, Forest City Realty, Agent for Dick Cunningham. Dick Cunningham runs an egg business on the Mecklenburg Road which was formerly the Flowerfield Florist$ building, if you remember the structure, Town of Ithaca, without water or sewer, without adequate water or sewer. His business has grown to the extent where he is forced to relocate. So he is coming to the City whereby he could possibly have the use of public water and public sewer. The site that we are working on is 407 West Seneca Street, known as the Ithaca Bottling Works. This site back in 1894 was the original site of the Ithaca Bottling Works by John Sigler, more recently been run by Bernie Sigler, retiring. The property has been closed about six weeks, out of business? he's retiring and wants to sell the building. Mr. Cunningham can use the building because of i8A proximity to the central location, water facilities, sewer facilities, off-street loading, together with the fact that it has a big walk-in cooler that will facilitate his business. Now he has a hardship on the Maklenburg Road due to the shortage of water. There happens to be three Tilton families on one well together with the Flowerfield Florist building and it's been a continual battle for him to try to have adequate water to operate his business. The business at (The Bottling Works) 407/has been used in a sanitary condition with stainless steel tanks, etc. to mixing beverages, bottling them and retailing and wholeskking. I don't see wher the business of Mr. Cunningham's would be all that much different. Hi will, of course, have to abide by strict Health Department regulations and any Cixy codes that pertain to food process or egg boiling and bottling. I think that's all I can tell you about the process unless you have any questions to ask Mr. Cunningham. CHAIRMAN MARTIN: Could you explain briefly what the activity is? Give a description for a lay person of what's going to go on in that building, with eggs. MR. VASSE: Fresh eggs come in, fresh eggs are boiled, fresh eggs are bottled, put into a cooler, in containers and shipped out for industrial use. CHAIRMAN MARTIN: And is there any, I mean the concerns have been expressed about odors or something of that sort. Is there an odor created by this process? MR. VASSE:VASSE: Not to any of my experience. I've been on the Mecklenburg Road be- cause I have leased the Flowerfield Florist building for Mr. Cunningham and out- side of that building you cannot get any odor. Needless to say, anywhere that food is being prepared you're going to get some odor within the interior of the building but not outside. And certainly he's going to abide by any Health regulations that might come forth. MR. GASTEIGER: The shells are stripped from the eggs, I suppose there are garbage cans loaded with shells. How are the shells disposed of? tolko MR. CUNNINGHAM: Commercial refuse service. MR. VASSE: Seymour, is it? that picks them up? MR. CUNNINGHAM: We have that up there now. Other arrangements will be MR. VASSE: Plastic bags into Seymour's containers, Seymour's picks them up and then takes them in. MX CHAIRMAN MARTIN: Mr. Cunningham, maybe you could come up front, if you're going to be responding so that we can be sure we get what it is that you say. MR. CUNNINGHAM: The shells, as a rule, are placed into a plastic bag and sealed andA/ go out in a commercial refuse container. MR. BODINE: How many employees would you normally have working for you? MR. CUNNINGHAM: Well, there's five now. I assume that we would remain about at that level. It )#could possibly increase some. IMR. KASPRZAK: You have sufficient parking and truck access, etc. on the property? MR. CUNNINGHAM: There is off-street driveways on each side of the buildings. MR. KASPRZAK: You didn't answer my question. MR. CUNNINGHAM: Well, whatever adequate is, that's a relative question. MR. KASPRZAK: Do you have parking on your property, not a driveway, regular parking? MR. CUNNINGHAM: Yes, there is, in back. MR. VASSE: We've got a lot 66 feet wide by 124 feet deep and the building probably covers 50-60 percent of the lot I would guess. One side could be ex- clusively used for loading and the other side should accommodate 7-8 cars I would guess. IMR. KASPRZAK: In a row, right? ,� I -11- MR. VASSE: Well, not necessarily. The back of the building narrows, the front of the building is full width, and it's irregular but it goes to the back and diagonally I think you could get another four or five cars. MR. CUNNINGHAM: More than enough for whatever. MR. KASPRZAK: My problem is you'll park cars and if you take them out you will not move all the cars behind you or in front of you to get the car out. MR. CUNNINGHAM: No. I think there's room for five cars in a row and still leave a driveway access. MR. GASTEIGER: How many trucks do you operate? MR. CUNNINGHAM: Just one. MR. GASTEIGER: Do farmers bring in or deliver? MR. CUNNINGHAM: No. The one vehicle does the whole job. MRS. HOLMAN: And you are the shipper? People do not come to you? MR. CUNNINGHAM: No. We shipt. We deliver to the customer. MR. GASTEIGER: How many deliveries then per day. How often are you going to load and unload? MR. CUNNINGHAM: Just once a day. In in the evening and unload whatever there is and let's say there could be twos $ vehicles move in, or the vehicle could mov in twice in a period of a day. MR. GASTEIGER: But it's not like a pizza delivery? MR. CUNNINGHAM: I'm not familiar with pizza delivery but CHAIRMAN MARTIN: We arell MR. CUNNINGHAM: I don't believe we would be in and out a maximum of twice. MR. GASTEIGER: Could you comment on the, I assume it's in the breaking process, the shelling process, that odors would be released. Could you comment on how thht's done, whether it's done with hoods, or vents, or just done on a clean table? i MR. CUNNINGHAM: Well, I would tell you that it's done in a very sanitary manner. There is no odor. The process we use is something we guard very, very carefully. But there are no odors that would be objectionable. MR. KASPRZAK: I presume you need, and here you get, Health Department approval? MR. CUNNINGHAM: 0b yes, we operate under the Department of Agriculture in markets. We are licensed by them as is any food processor. CHAIRMAN MARTIN: Any further questions? i -12- MR. KASPRZAK: Have you made any commitments to buy the property? MR. CUNNINGHAM: We made an offer subject to approval. MR. VASSE: Would you like to see the contract? MR. KASPRZAK: No. MR. VASSE: 0. K. MR. CUNNINGHAM: Subject to approval. MR. KASPRZAK: Weave been caught before, that's why I'm asking. CHAIRMAN MARTIN: Any further questions? MR. VanMARTER: Can you give us anything that relates to hardship? To the property or land as required by this application? MR. VASSE: Actually, I've been working for Mr. Cunningham, all I've heard as far as Mr. Sigler's property goes, we have had that on the market six to seven weeks and actually prior to him going out of business, but we have not had any takers. Mr. Sigler is anxious to retire, the building has been cleaned out and advertised this month for sale and we have no buyers other than Mr. Cunningham. Not everybody needs an old tumble-down wood frame structure with the walk-in coolers. Mr. Cunningham has arranged with tX0 both builders and carpenters to go in there and start a remodeling program immediately to put the building in shape and get ready for any requirement the Health Department might want him to, any improvements they might want him to malty. In the eyes of Mr. Sigler I don't have anything else to help him out as a buyer goes. It is located between the gas station which is a Rotary $)14 on the corner of Plain and Seneca, and on the lower side Seneca Printing, Ithaaa Glass, Carpet Bazaar and Bishop's parking lot It's pretty much a commercial neighborhood, zoned B-2. MR. KASPRZAK: Mr. Cunningham, you are ft$$AAA Jt located currently where? MR. VASSE: I'm right across the street from MR. KASPRZAK: Not you, Mr. Cunningham. MR. VASSE: Now presently? MR. KASPRZAK: Mr. Cunningham, where are you looated? MR. CUNNINGHAM: The business is located MR. KASPRZAK: I know where you're located, John. MR. CUNSINGHAM: at 1395 Mecklenburg Road. It's the old Flowerfield building. What makes you want to come to the city? MR. CUNNINGHAM: The supply of water. MR. KASPRZAK: And beside that? i -13- MR. VASSE: That's basically it. MR. CUNNINGHAM: That's it. The supply of water. It is no more convenient 10t to me to go into there than it is on the Mecklenburg Road. The supply of water is the paramount issue. MR. VASSE: Frankly, he'd be better off if he could stay where he is--without th expense of moving and remodelling. The lack of water here is the big thing. MR. KASPRZAK: That's what I thought. MR. CUNNINGHAM: We can't live without the water. It's that simple. At the present time I have a tanker rented. We bring water in to continue operations. CHAIRMAN MARTIN: Any further questions? Thank you. Anybody else who wants to be heard on this case. First, anybody who wants to be heard in favor of the request for variance. Anybody who wishes to be heard in opposition. Please come forward. MR. NEVIN: My name in Brian Nevin and I live at 408 W. State Street. Is it I possible to ask Mr. Cunningham a couple of questions before I make a comment. CHAIRMAN MARTIN: Sure. Mr. eunningham, could you come up for some questions. I MR. NEVIN: I understand that you're going to be cooking eggs, is that correct? MR. CUNNINGHAM: Yes, we will. MR. NEVIN: You will be cooking eggs. (MR. CUNNINGHAM: Yes, they're hard-boiled. It's always been my experience that 1 eggs have a very pungent odor when they are cooked. Do you have some way of Ir doing it without? MR. CUNNINGHAM: I'm not at liberty to discuss with you how we do it. MR. NEVIN: I wasn't asking you how you do it. MR. CUNNINGHAM: We do not have an odor that emits from our process. MR. NEVIN: I notice in the building which you're in currently there's a very large exhaust fan on the building. May I ask what that's used for? MR. CUNNINGHAM: To remove the hear. It's a building with a metal roof that has absolutely no insulation in it. So in order to remove the heat from the general surrounding of the cooler which we have internally I circulate the air. MR. NEVIN: But no odors. MR. CUNNINGHAM: 1 don't think there's any odors. If you feel that you would like to talk with the neighbors, but we have never had a complaint of any odors. No, sir. -14- MR. NEVIN: How large an industry would you say you are? MR. CUNNINGHAM: I think I answered the question for the Board. There's about five employees, it could go to six or seven. But I can certainly say it's a small business. MR. NEVIN: And one other question. I'm curious, that is a very old wooden building at the moment, what since you're cooking and so on is there adequate changes in the building for fireproofing, etc. going to be made. R. CUNNINGHAM: We would plan to do some internal remodelling--taking our one art of the floor and putting in a concrete floor with adequate drainage; we would put up a wall with this building that would be impervious to moisture so e could contain the entire operation for sanitary purposes. NEVIN: But you are, you assume, going to need an exhaust system on this building too. 0 R. CUNNINGHAM: Oh I would think any building needs an air transfer system. Very definitely. R. NEVIN: That's mostly what I wanted to ask. Well, a couple of things. Firs what f all, despite/Mr. Vasse says that is not necessarily the type of area in which e mentions. There are immediately adjoining that property four private homes, ne of which has apartments in, across the street, immediately across the street here are several private homes. Granted on either side of it there are other than private homes, however, it is a fiirly large piece of property and there is quite a bit of land abutting onto it. I personally would object very strenuous) o Ahaving what I would consider an industry, coming in as a neighbor to me. An believe I have been told that processing, which is what they are doing, in an industrial process, is no permitted in a B-2 zone and I'm hoping that our Board ill act accordinily. Granted possibly living downtown in a private home or a apartments is becoming/more difficult thing to do in this down and yet I do hope that this Board does look with favor on this type of situation downtown. I uess that is all I have to say is that I do not feel also that this property ave really been on the market an extensive period of time. I certainly feel at any private person has the right to sell to most anyone they wish but as neighboring property we have never been notified that the property was for sale which I think is strange. I don't think it's on the multiple listing so I dontt really think there's been that much attempt to sell it to somebody else. I may e wrong on that. -15- CHAIRMAN MARTIN: Can I get it a little clearer how your property relates to this • one? That is, you are the abutting property? MR. NEVIN: We are an abutting property. They face Seneca Street, they come immediately back to our property which faces State Street. CHAIRMXN MARTIN: And yours is a single-family home? MR. NEVIN: It is a private residence. CHAIRMAN MARTIN: Private residence. In which you live? MR. NEVIN: In which I live. On the very corner of their property Mrs. Bell, facing State Street abuts their property, it is a two-family private residence, private residence for, well ever since it was built. On one side of them is the brother of the current owner living with his wife, I assume that they don't object to this change, but it is a private residence just the same. At the very corner of that, is a residence which the upstairs is an apartment and has just recently, as of last year, is a I believe they sell books and so on, it's Ithaca something, I'm not sure, it's a very quiet type of operation. How many of the private residences across the street are actually two-family, I'm not sure. • CHAIRMAN MARTIN: Other questions? MR. GASTEIGER: Have you been in contact with the other residents? Can you speak for them? MR. NEVIN: I don't wish to speak for anyone else, except I am in contact with Mrs. Bell and she said that she would like us to speak for her and that she is against it also. MR. GASTEIGER: Did you view the bottling company as an industrial process? MR. NEVIN: The bottling company had no odors whatsoever. They have been there since, as they pointed out, the year one. MR. GASTEIGER: Were you happy with, content with, their being there? MR. NEVIN: It didn't make much difference. They were there before I was. CHAIRMAN MARTIN: But you view this as being worse? MR. NEVIN: I would view this without, I mean, I could only assume that this type of business, which in my opinion is an industry, where they are cooking eggs, where they have to have some kind of exhaust system, is certainly going to be a detriment to the neighborhood. I don't care whether it is a commercial neighborhood or private residences. MR. VanMARTER: May I ask, Brian, did you get notice of this meeting? -16- MR. NEVIN: I got notice of this meeting, yes. MR. VanMARTER: Would you suggest that the possibility of this cooking process being more offensive than permitted in a commercial kitchen. That type of thing for a restaurant of hotel. You've certainly had some experience. MR. NEVIN: We've certainly had a very unfavorable experience with the way the zoning rules in our particular area. Yes. And certainly I hope that it isn't added to the travail that we already have. WE are unfortunately, I suppose$ neces- sary ruling, with Pirno's pizza place. However, I think they got their ruling because they supposedly were able to make up on the parking variance, which thou h they brought forth lot's of evidence they had lot's of extra parking, I don't see that it's ever been used. As far as odors go, let's hope they aren't any worse. But I will say that it makes it very difficult to use the yard as it is, whenever Pirro's is open. Which doesn't leave too much time that it can be used as a private yard. Having someone behind us adding to that would practically eliminate it because that's the only corner which is far enough away from the existing problem. MR. GASTEIGER: I'm a little anxious about what would be acceptable to the neighbors there, because I can see the owner coming in claiming hardship and MR. NEVIN: I don't see how the owner can claim hardship at this point. MR. GASTEIGER: No. No. Of course not. But eventually it will happen unless a suitable buyer MR. NEVIN: Surely Mr. Vasse is a good enough real estate man that he can find another buyer. CHAIRMAN MARTIN: And he can find things that are acceptable in a B-2, don't require variance that are far worse than what MR. NEVIN: That don't require any variance. And I maintain that this is indus- trial use and that that is not zoned for that. Is that it? CHAIRMAN MARTIN: Any further questions? Anybody else who wishes to be heard in this case? MR. SIGLER: Mr. Sigler, the owner of the Ithaca Bottling Works. I was born around the corner from the place sixty-eight years ago. I have been down there, my father built the building in 1923 and I have never had any trouble with any neighbors only Brian what's-his-name-down-here and there's been hundreds and thousands of people moved in and out of the neighborhood. Now what he's got against mp, I don't know and I don't caret as far as that goes. i -17- iR. KASPRZAK: Excuse me, sir. This is a personal comment and we would prefer not to have something like that in the record. SIGLER: 0. K. What I'm saying is I can see no reason the place was a beer distributing place for since 1923. We operated eight to nine trucks, there were tractor trailers going in and out all the time. Nobody ever bothered and I can' see why an egg processing plant would ever bother anybody with one truckand one day delivery. That's the only thing I've got to say. CHAIRMAN MARTIN: And could you comment on the issue which we would have to decide in this case. Namely, the hardship, the impossibility here of using the buildin within the requirements of a B-2 zone. I mean is it impossible to use it? SIGLER: No, I don't think so. CHAIRMAN MARTIN: For the purposes that are zoned? R. SIGLER: Right. It's a business district. It has been for years. CHAIRMAN MARTIN: Right. It's a business district but it's a business d6strict which does not permit this proposed. R. SIGLER: Oh. CHAIRMAN MARTIN: Yes, and that's why they're here. R. SIGLER: Oh. 1CHAIRMAN MARTIN: Now the question is whether the building can be used for thing that are permitted within a B-2 zone. �R. SIGLER: I would imagine. I could open up a discount house down there, and then there'd be traffic until midnight. 1/40010/0 And I may do it because I hav a wholesale-retail beer license and I'm either going to sell the building or I'm going to go back in business. And I don't think I have to have a variance becau e I'm still at the place, I still have my license and this place is still the Ithaca Bottling Works. CHAIRMAN MARTIN: Questions? Greg? R. KASPRZAK: How long ago did you get rid of that bottling company? R. SIGLER: I haven't got rid of it. It's still the Ithaca Bottling Inc. I still have my license, but I discontinued the beer business the first of February. IM R. PASSE: He's trying to retire. MR. SIGLER: I'm trying to retire and get out but I still have the business, I still have the license, I still (have the corporation at 407 W. Seneca Street. ti If this deal goes through, I give up the business. MR. KASPRZAK: I wish you didn't call that a deal, sir! I i -18- MR. VASSE: May I say one comment? The Brian Nevin brothers mentioning the property has$ not been exposed to multiple listing. I am basically a commercial broker. I do not put commercial properties on multiple listing. There's a reason for it. There's not that many commercial-oriented people in the business so let's not talk about that. Number two the property was a place of Bernie Sigler over a year ago for a price that he obtained in the sale that I've just acquired for him. Thank you. CHAIRMAN MARTIN: Thank you. MR. GASTEIGER: I'm sorry. That last was AllIffJO too fast could you repeat it? MR. VASSE: A year ago I was hired by Mr. Bernie Sigler to go and appraise one property. And that price is being acquired for him and Mr. Cunningham accepted his terms. CHAIRMAN MARTIN: Is there anybody else now who has not been heard, who would like to be heard in this case? Does the Board have questions for anybody who has already spoken that they would like to direct to them? Alright. Well, then that concludes our hearing for this evening. We will now go into Executive Session to reach a conclusion on these three cases. i I EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, AUGUST 5, 1974 APPEAL NO. 1057: MR. MARTIN: I move that the variance be granted. MR. KASPRZAK: I'll second that. FINDINGS OF FACT: 1leThe proposed use, although not consistent with the B-2 designation, is accovding to the testimony presented as less of the detriment to the neighborhood than the existing non-conforming use; 2) The present structure, designed for the pre-existing non-conforming use, has features which lend itself to the proposed use and limit its attractiveness for any of the things allowed by a B-2 designation; 3) Given the uses immediately adjacent to the property in question it would not appear that the proposed use is incon- sistent with the spirit of the zoning ordinance. VOTE: YES - I NO - 5 MR. MARTIN: I move that the requested use variance be denied. MR. GASTEIGER: I second that. FINDINGS OF FACT: 1) By the testimony of the owner there is no hardship involved; 2) Upon invitation the appellant was unable to give any indication of hardship as required by the ordinance; i) Owner's testimony clearly indicated that a use for the property could be found that meets the requirements of the use district. VOTE: YES - 6 I L C E R T I F I C A T I O N I, NANCY L. JONES, DO CERTIFY that I took the minutes of the Board of Zoning Appeals, City of Ithaca, in the matters of Appeals No. 1055, 1056, and 1057 on August 5, 1974 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 best of my f ability. NANCY L. JJINES Sworn to before me this day of C"974 7 ROBERT G GREY Na Wvy hWic,Stab bf Ns York QualiPNd in Tompkins Cou Nb!Commission Expires ftla ,w76 1 I BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, AUGUST 5, 1974 At a regular meeting of the Board of Zoning Appeals, City of Ithaca, held in Common Council Chambers, City Hall, Ithaca, New York on August 5, 1974: PRESENT: PETER MARTIN, CHAIRMAN GREGORY KASPRZAK JOHN BODINE ELVA HOLMAN C. MURRAY VanMARTER EDISON JONES, Building Commissioner and Secretary NANCY JONES, Acting Recording Secretary ABSENT: EDGAR GASTEIGER Chairman Martin opens meeting, listing members of Board present and stating that one member is absent and it takes four votes one way or the other for an appeal , and anyone wishing to hold their case over to the next time in hopes of having a full Board present may do so. This Board is operating under the provisions of the City Charter of the City of Ithaca and of the provisions of the Zoning Ordi- nances; the Board shall not be found 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 address, and confine their discussions to the pertinen facts of the case under consideration. Please avoid extraneous material which would have a delaying effect. Commissioner Jones lists what case No. 1055 is to be. ARPEAL NO. 1055: The Appeal of Jonathan H. Parker for an area variance under Section 35.25, Column 6 & 10, at 144 East Spencer Street in an R-3 zone. MR. GASTEIGER arrives late. MR. PARKER: Members of the Board: My name is Jonathan Parker and I do own the property at 144 East Spencer Street. At present it's a one-family dwelling occupied presently by both my parents and my wife and myself in an apartment which we have constructed on the third story. I'm applying for an area variance to allow my wife and myself to rent this property as two separate apartments. We don't own sufficient property as far as square lot surface, also the build- ings at present occupy more than thirty percent of the lot space. Now there aren't land available to increase the lot size or, of course, the percentage. The parking is within five hundred feet of the Woolworth's parking lot, so -2- parking is ample. I don't believe it will change the actual area of the neigh- borhood as far as the spirit of the neighborhood. Most of the property on the street, 144 East Spencer Street, or all of Spencer Street (East Spencer Street) is, not all but a large percentage of it, is rented to students and has been developed into apartment areas. I'm sure most of you probably would welcome it. I want to rent. CHAIRMAN MARTIN: Is there anything that would leads you to say that it's infeasible to continue to keep this a single-family home? MR. PARKER: In one respect. My parents are retiring this October and they are going to Florida and as such I would own a one-family dweliing home which has two apartments in. It would be a little large for my wife and myself to say the least. Through financial reasons, as well as others, we'd like to be able to rent it. CHAIRMAN MARTIN: You're saying the division into two apartments has already loccurred, the structural alterations and so forth. MR. PARKER: Exactly. (CHAIRMAN MARTIN: When did that occur? MR. PARKER: Approximately a year ago. CHAIRMAN MARTIN: With proper approvals and so forth? MR. PARKER: Yes. It's a very large house. It's two total living units and it would be quite economically and feasibly impractical for us to occupy the whole unit. We'd like to rent both units and buy a house elsewhere. That's what we'd like to do. I believe it's not contrary to the spirit of the zoning law that this be allowed because the whole nature of the neighborhood, with very few exceptions, is exactly as I'd intend to have it. CHAIRMAN MARTIN: Do any of the Board have questions? Murray. MR. VanMARTER: You have existing two living units? MR. PARKER: Yes. MR. VanMARTER: And you're asking for what, please? MR. PARKER: To be allowed to rent them. MR. VanMARTER: How did the request come about? I mean by what means did the application happen? MR. PARKER: I was under the opinion that it was necessary to have a zoning variance to be allowed to rent those two units in an area which more than thirty I -3- percent of the land was covered by buildings and the square feet area of the lot was below the minimum requirement for rental property. CHAIRMAN MARTIN: Maybe the question is this: Why wasn't the variance required i when you put in the second unit a year ago? MR. JONES: It was all in the family there. It was one family. He was living with his parents. MR. PARKER: There's no renting involved. There's no private entrance, no fire escape. There's just a second living unit developed in the third story which had previously been an attic. MR. KASPRZAK: Is there any problem with parking? IMR. PARKER: We're well within five hundred feet from the Woolworth's parking area. Besides that, the city lot, I believe it's F, is open from I believe it's 8:30 to 6, I mean it's not open between 8:30 and 6, but before those hours it is open. So in other words, as long as your car is moved before 8:30 in the morning and it's not there present before 6 in the evening you can park in there also-- open to the public. MR. KASPRZAK: Do you have parking on your property? MR. PARKER: No, I do not. MR. KASPRZAK: None at all? MR. PARKER: No. I think there's one, maybe two, garages on the whole street, the whole block, counting both sides. But it's well within the five hundred f feet from the Woolworth's parking lot, which is, of course, the city. MRS. HOLMAN: Do you wish now to add an outside, and separate-v entrance and fire escapes? MR. PARKER: I've already secured building permits for this and am in the proces of doing this now. Obviously if I don't secure the permission to rent, it'll just be a feature as far as sale, and also as far as saving, of course, but yes, f I'm in the process of doing this now. MR. KASPRYAK: And you are in an R-3 zone, I take it? MR. PARKER: Yes, that's right. CHAIRMAN MARTIN: Any further questions from the Board? MR, GASTEIGER: I think that stated somewhere it's characteristic of the neigh- ,I borfibod. MR. PARKER: Very much so. � i -4- MR. GASTEIGER: Can you cite examples of this? MR. PARKER: Our next-door neighbor, previous next-door neighbor, Robert C. Grover, he owns property 142, and then across the street, I think it's 137 to 1139, he present lives at 108 Hinewoods Drive, I believe. He rents five units. As far as if I had to stop and think of the families, actually singular units that are occupied, they're actual tenant-omner families, there would be very i few. Maybe four on the whole block that I'm personally aware. It's basically rental to students, absentee ownership. CHAIRMAN MARTIN: Any further questions from the Board? MR. GASTEIGER: Persuaably these other units are in violation or they have permission? Is that correct? MR. JONES: %WXW/WJJ$: Say that again please? MR. GASTEIGER: Presumably these absentee owner rental in this area have either permission or have obtained variances? or they are in violation of the code? MR. JONES: I think most of the properties in that area would be in violation of the code as far as lot size and percentage of lot coverage is ooncerned. would MR. PARKER: If I may interrupt. I would guess that theyo #Ot$ probably exist i in that state prior to the regulations. I can think of two that were undoubtedl created as multiple dwblling units, apartment type buildings and I would just I ' guess, I have lived there twenty-seven years and maybe four years off for school the and I would guess that most of them, not knowing anything about t$At date of the your existing regulations, but guess most of them were in that situation, or classification, prior to your regulations. It's always been a heavily rented student street. CHAIRMAN MARTIN: I have a question, not for you but for our Building Commissioner, that I guess I'd like to get into the record. A quick reading through the Ordi- nance, leads me to the superficial impression that if you subdivide a building 2into two dwelling units, even though they're members of the same family live in them, without adequate yard size and so forth, that's a violation of the ordinance. So the variance would have been required a year ago, now I gather from what you said, that's not been the operating interpretation of the ordinance. MR. JONES: It should be the operating method but what happened here when Mr. Parker's father came in, this was an idea the son and daughter-in-law was going � to live in the same house with them and then, I don't know for what reason, they i li � -5- decided there they want their own kitchen area there, they want their own bath- ; room area thate, and they sub-divide it into two dwelling units. CHAIRMAN MARTIN: O.K. MR. JONES: Knowing that if something ever happened and that person moved out, t at his father would have to be back here or else they would have to cease and desist, CHAIRMAN MARTIN: But, technically speaking, had they tried to adhere to the ordinance when they started putting in separate kitchen, separate bath, making it a separate dwelling unit for the son and daughter, then they should have had a variance then. MR. JONES: I would have to say yes. MR. KASPRZAK: In reference to what, thet size of the lot? CHAIRMAN MARTIN: The same thing that brings him in now. They were putting in �a$ second dwelling unit without an adequate yard. MR. KASPRZAK: What were the lot requirements at that time? MR. JONES: The lot requirements at that time would have been 5,000 feet. MR. KASPRZAK: That's 2,500 per unit. MR. JONES: 5,000 for the first unit. The lot is undersized even for one. MR. KASPRZAK: If I read it correctly, then, right now, t0AItA we need only what 2,5000. MR. JONES: Right now you need 3250 for the first unit. Minimum lot size in R-3 is 3250. MR. KASPRZAK: Well, I'm questioning that because in here it says that thirty- two five hundred is required the minimum here. I don't understand. The construction is either new or it's beginning from zero at the time. The conversion under Section 3 makes me read differently, Jf1AA 0$ that they only required 2500 feet. MR. VanMARTER: We don't have a multiple dwelling. MR. KASPRZAK: That's why I'm omitting No. 2 and I will consider that CHAIRMAN MARTIN: It's a No. 3 conversion of multiple family. MR. JONES: Multiples don't start until there's three or more. CHAIRMAN MARTIN: All right. Well, in any event, we've I think had all the questions we have for you. �MR. PARKER: Thank you very much. CHAIRMAN MARTIN: Are there any people who wish to be heard in favor of this appeal? Anybody here wishes to be heard against? That concludes our hearing on Case 1055. i EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, AUGUST 5, 1974 APPEAL NO. 1055: MR. MARTIN: I move that the request for area variance be denied. MR. KASPRZAK: I second it. FINDINGS OF FACT: 1) There has not been adequate showing here that despite the difficulties peculiar to this property, to prevent complying with the density requirements of the zoning ordinance; 2) There has not been adequate showing that the property cannot continue to be used as a residence with a single dweliing in it; 3) The discrepancy between the required lot size for a second unit and the coverage required by the ordinance in that in this property is quite substantial; 4) Testimony showed that there was no on-site parking. VOTE: YES - 5 ABSTENTION - 1 NO - 0 1 l i i 'i -6- BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, AUGUST 5, 1974 Commissioner Jones lists what case No. 1056 is to be. APPEAL NO. 1056: The Appeal of Guy J. Natali and Mary E. Natali for a use variance under Sec. 30.25, Column 2, at 517-519 North Cayuga Street in an R-2 zone. MR. NATALI: I've never had to appear before but we're seeking a variance becaus we live next door to a gas station for about twenty-five years and now we've taken out the gas pumps and we'd like to put in a minor auto tune-up shop, with- out body work. The neighbors have called us and said that they're very happy that we've bought the gas station because I have my insurance office next door Ito it, my wife and I reside there and children and we feel that we're going to i better our piece of property as well as our neighbors. I was practically forcedi linto buying it. I'm at the stage where I don't particularly like to invest more money but with having two children in college and a wedding in the offing, we febl that the property would be in a much better position before we get through. CHAIRMAN MARTIN: How long ago did the gas station cease operation? MR. NATALI: About November of 173. CHAIRMAN MARTIN: November 173. Less than a year? MR. NATALI: Less than a year. CHAIRMAN MARTIN: And why are you here? You're here because the Building Commissioner told you that this was not the same use that had been there before? MR. NATALI: Right. MR. KASPRZAK: You made a statement that you were forced, or something to that affect, to buy that property. Would you explain that please? MR. NATALI: Sure. Well, I didn't want a motorcycle shop to go in or a speed shop and I wanted to protect my own property. I feel that this is a twelve month deal. If this papses, we'll have a lease for a year. In the meantime, we'll get an architect to draw upO plans to possibly put an office building there. We'll reface the front and mane it a brick building so that it will complement my piece of property. MR. KASPRZAK: So in a way you were not fDrced. You are looking ahead and trying to somewhat protect yourself AAA as well as invest some capital intake. O.K. If you were forced it's one story but if you are actually buying as a protection -7- ; for yourself as well as an investment, that's another story. In my thinking anyway. CHAIRMAN MARTIN: In terms of what's going on there, how much different is the in activity that will be going on "A the proposed minor tune-up shop from what I� went on when it was a gas station. iMR. NATALI: Well, the gas station CHAIRMAN MARTIN: Did you serve him? MR. NATALI: Yes, they did. Certainly. Becaese thyy serviced my vehicle for years. Bill Porter had it for years. They would operate, possibly Ithink 7, maybe even earlier, in the morning to about 10 at night. So now, with the minor auto tune-up shop it will be 8 to 0, five days a week, and half-days Saturdays. Within the lease it will read that there will not be vehicles stored it will be kept cleat and that's it for twelve months. BBcause I've had to put on a new roof, I've had plumbing expense, taxes, and of course insurance. And my insurance office is right next door and I certainly couldn't have a noisy shop next door and do my insurance business. MR. GASTEIGER You bought the property since November 1973? MR. NATALI: No. It was closed November and I, let's see when did I buy it, ( July, yet July. IMR. VanMYrter: July of this year? MR. NATALI: Yes. MR. VanYARTER: May I ask if you are going to install pumpb? and sell gasoline? MR. NATALI: If I did I wouldn't be herei You see? But I took them out, the has problem is out, the neighbors are so happy because when they refill the tanks, say at 10 or 11 at night there's all these gas fumes. MR. VanMARTER: Are the underground storage tanks taken out? MR. NATALI: They're out. The island's out. Thai's my problem. I shouldn't have taken them out, probably. I could go back to a gas station if I'm turned down. You see? I have a year right? CHAIRMAN MARTIN: A year from the time that the filance MR. NATALI: But I don't want a gas station. I don't want the fumes. CHAIRMAN MARTIN: Any further questions? MR. BODINE: Guy, there won't be any air tools and things like that? MR. NATALI: No air tools. No power tools. Just a compressor and no body work. I� -8- MR. GASTEIGER: Could you comment on the relative number of cars. I think some- where I read there was a complaint, there was a worry, concern that there would be cars parking there. MR. NATALI: Well, one of the partners is here. Most of it will be done by appointment. As far as I can see, there should be less havoc and less congestio . MR. KASPRZAK: What difficulties, if any, would you have if we said since you are planning to convert it to office space and what have you, that you do it nowl rather than wait? MR. NATALI: Well, that's a good question. I'd rather not do it now because I need time, I need breathing room. These gentlemen need it for a year. I'm help ing them--they're helping me. By the time I get my plans drawn up, there's a i realty outfit that's very, very interested in the property, I would prefer to have it as an office. But there's a gas station down the other side of the block, there's the Northside drug store, there's a liquor store there, I have signatures from the neighbors, from at least half of them, saying "let's go", j I I have $ laundromat plans here, which is all right, I don't need a variance for la laundromat. But I don't want a laundromat--10 or 11 o'clock at night. I think this is the best thing, I'm trying to improve the property. CHAIRMAN MARTIN: Any more questions from the Board? I guess not. Thanks. Is there anyone else who would like to be heard in favor of this appeal? Anybod who would like to be heard in opposition? If not, that concludes our hearing in Case 1056. l l i XECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, AUGUST 5, 1974 PEAL NO. 1056: R. VanMARTER: I move that the requested use variance be granted. MARTIN: I second that. . Van MARTER: The requested use variance will be granted subject to conditions contained in the testimony by the applicant as follows: 1) The use as described in the application be permitted for a period not to exceed two years; 2) The Board recognizes the incongruity of the problem of not permitting a B-4 use when in fact the only difference between the use permitted according to the ordinance definition of gasoline service station may include the operations described in he application; 3) The owner's testimony indicated that his desire was to alter o allow business office use and that his request for this use would not extend eyond a period of twelve months; 4) The intended use as business offices is ermitted in this B-2 zone. The Board's desire is based upon the desirability f up-grading the property and the timetable of two years is considered reasonabl OTE: YES - 5 ABSTENTION - 1 NO - 0 i -9- BOARD OF ZONING APPEALS, CITY OF ITHSCA, CITY HALL, ITHACA, NEW YORK, AUGUST 5, 1974 Commissioner Jone9 lists what case No. 1057 is to be. APPEAL NO. 1057: The Appeal of Egg Specialties, Inc. for a use variance under Section 3025, Column 2, at 407 West Seneca Street in a B-2 zone'. IMR. VASSE: JAhn Vasse, Forest City Realty, Agent for Dick Cunningham. Dick Cunningham runs an egg business on the Mecklenburg Road which was formerly the Flowerfield Florist$ building, if you remember the structure, Town of Ithaca, without water or sewer, without adequate water or sewer. His business has grown to the extent where he is forced to relocate. So he is coming to the City whereby he could possibly have the use of public water and public sewer. The site that we are working on is 407 West Seneca Street, known as the Ithaca Bottling Works. This site back in 1894 was the original site of the Ithaca Bottling Works by John Sigler, more recently been run by Bernie Sigler, retiring. The property has been closed about six weeks, out of business? he's retiring and wants to sell the building. Mr. Cunningham can use the building because of itA proximity tothe central location, water facilities, sewer facilities, off-street loading, together with the fact that it has a big walk-in cooler that will facilitate his business. Now he has a hardship on the Maklenburg Road due to the shortage of water. There happens to be three Tilton families on one well together with the Flowerfield Florist building and it's been a continual battle for him to try to have adequate water to operate his business. The business at (The Bottling Works) 407/has been used in a sanitary condition with stainless steel tanks, etc. to mixing beverages, bottling them and retailing and wholesiiing. I don't see wher the business of Mr. Cunningham's would be all that much different. H6 will, of course, have to abide by strict Health Department regulations and any Cilty codes that pertain to food process or egg boiling and bottling. I think that's all I can tell you about the process unless you have any questions to ask Mr. Cunningh4m. ! CHAIRMAN MARTIN: Could you explain briefly what the activity is? Give a description for a lay person of what's going to go on in that building, with egg . MR. VASSE: Fresh eggs come in, fresh eggs are boiled, fresh eggs are bottled, put into a cooler, in containers and shipped out for industrial use. CHAIRMAN MARTIN: And is there any, I mean the concerns have been expressed about odors or something of that sort. Is there an odor created by this process? !I 1 _10- MR. VASSE: Not to any of my experience. I've been on the Mecklenburg Road be cause I have leased the Flowerfield Florist building for Mr. Cunningham and out- side of that building you cannot get any odor. Needless to say, anywhere that food is being prepared you're going to get some odor within the interior of the building but not outside. And certainly he's going to abide by any Health regulations that might come forth. MR. GASTEIGER: The shells are stripped from the eggs, I suppose there are garbage cans loaded with shells. How are the shells disposed of? 0600E 01AX tkllito MR. CUNNINGHAM: Commercial refuse service. MR. VASSE: Seymour, is it? that picks them up? MR. CUNNINGHAM: We have that up there now. Other arrangements will be MR. VASSE: Plastic bags into Seymour's containers, Seymour's picks them up and then takes them in. ft CHAIRMAN MARTIN: Mr. Cunningham, maybe you could come up front, if you're going to be responding so that we can be sure we get what it is that you say. MR. CUNNINGHAM: The shells, as a rule, are placed into a plastic bag and sealed ando/ go out in a commercial refuse container. MR. BODINE: How many employees would you normally have working for you? MR. CUNNINGHAM: Well, there's five now. I assume that we would remain about at that level. It $could possibly increase some. MR. KASPRZAK: You have sufficient parking and truck access, etc. on the property? MR. CUNNINGHAM: There is off-street driveways on each side of the buildings. MR. KASPRZAK: You didn't answer my question. MR. CUNNINGHAM: Well, whatever adequate is, that's a relative question. MR. KASPRZAK: Do you have parking on your property, not a driveway, regular parking? MR. CUNNINGHAM: Yes, there is, in back. MR. VASSE: We've got a lot 66 feet wide by 124 feet deep and the building probably covers 50-60 percent of the lot I would guess. One side could be ex- clusively used for loading and the other side should accommodate 7-8 cars I would guess. MR. KASPRZAK: In a row, right? s► i -11- MR. VASSE: Well, not necessarily. The back of the building narrows, the front of the building is full width, and it's irregular but it goes to the back and } diagonally I think you could get another four or five cars. MR. CUNNINGHAM: More than enough for whatever. MR. KASPRZAK: My problem is you'll park cars and if you take them out you will not move all the cars behind you or in front of you to get the car out. MR. CUNNINGHAM: No. I think there's room for five cars in a row and still leave a driveway access. MR. GASTEIGER: How many trucks do you operate? MR. CUNNINGHAM: Just one. MR. GASTEIGER: Do farmers bring in or deliver? MR. CUNNINGHAM: No. The one vehicle does the whole job. MRS. HOLMAN: And you are the shipper? People do not come to you? MR. CUNNINGHAM: No. We shipt. We deliver to the customer. MR. GASTEIGER: How many deliveries then per day. How often are you going to i load and unload? MR. CUNNINGHAM: Just once a day. In in the evening and unload whatever there is and let's say there could be twoto vehicles move in, or the vehicle could mov in twice in a period of a day. MR. GASTEIGER: But it's not like a pizza delivery? MR. CUNNINGHAM: I'm not familiar with pizza delivery but CHAIRMAN MARTIN: We are! ! MR. CUNNINGHAM: I don't believe we would be in and out a maximum of twice. MR. GASTEIGER: Could you comment on the, I assume it's in the breaking process, ) , the shelling process, that odors would be released. Could you comment on how thkt's done, whether it's done with hoods, or vents, or just done on a clean table? MR. CUNNINGHAM: Well, I would tell you that it's done in a very sanitary manner There is no odor. The process we use is something we guard very, very carefully But there are no odors that would be objectionable. i�MR. KASPRZAK: I presume you need, and here you get, Health Department approval? MR. CUNNINGHAM: % yes, we operate under the Department of Agriculture in markets. IJWe are licensed by them as is any food processor. CHAIRMAN MARTIN: Any further questions? I -12- MR. KASPRZAK: Have you made any commitments to buy the property? MR. CUNNINGHAM: We made an offer subject to approval. MR. VASSE: Would you like to see the contract? MR. KASPRZAK: No. MR. VASSE: 0. K. MR. CUNNINGHAM: Subject to approval. MR. KASPRZAK: Weave been caught before, that's why I'm asking. CHAIRMAN MARTIN: Any further questions? MR. VanMARTER: Can you give us anything that relates to hardship? To the property or land as required by this application? MR. VASSE: Actually, I've been working for Mr. Cunningham, all I've heard as far as Mr. Sigler's property goes, we have had that on the market six to seven weeks and actually prior to him going out of business, but we have not had any takers. Mr. Sigler is anxious to retire, the building has been cleaned out and advertised this month for sale and we have no buyers other than Mr. Cunningham. Not everybody needs an old tumble-down wood frame structure with the walk-in coolers. Mr. Cunningham has arranged with tKA both builders and carpenters to go in there and start a remodeling program immediately to put the building in shape and get ready for any requirement the Health Department might want him to, any improvements they might want him to mated. In the eyes of Mr. Sigler I don't have anything else to help him out as a buyer goes. It is located between the gas station which is a Rotary A!d on the corner of Plain and Seneca, and on the lower side Seneca Printing, Ithaca Glass, Carpet Bazaar and Bishop's parking lot It's pretty much a commercial neighborhood, zoned B-2. MR. KASPRZAK: Mr. Cunningham, you are ftO$FAUX located currently where? MR. VASSE: I'm right across the street from MR. KASPRZAK: Not you, Mr. Cunningham. MR. VASSE: Now presently? MR. KASPRZAK: Mr. Cunningham, where are you located? MR. CUNNINGHAM: The business is located MR. KASPRZAK: I know where you're located, John. MR. CUNEINGHAM: at 1395 Mecklenburg Road. It's the old Flowerfield building. What makes you want to come to the city? MR. CUNNINGHAM: The supply of water. MR. KASPRZAK: And beside that? i -13- MR. VASSE: That's basically it. MR. CUNNINGHAM: That's it. The supply of water. It is no more convenient to me to go into there than it is on the Mecklenburg Road. The supply of water is the paramount issue. MR. VASSE: Frankly, he'd be better off if he could stay where he is--without th expense of moving and remodelling. The lack of water here is the big thing. MR. KASPRZAK: That's what I thought. MR. CUNNINGHAM: We can't live without the water. It's that simple. At the present time I have a tanker rented. We bring water in to continue operations. CHAIRMAN MARTIN: Any further questions? Thank you. Anybody else who wante to be heard on this case. First, anybody who wants to be heard in favor of the request for variance. Anybody who wishes to be heard in opposition. Please come forward. iMR. NEVIN: My name in Brian Nevin and I live at 408 W. State Street. Is it possible to ask Mr. Cunningham a couple of questions before I make a comment. CHAIRMAN MARTIN: Sure. Mr. Cunningham, could you come up for some questions. 4MR. NEVIN: I understand that you're going to be cooking eggs, is that correct? MR. CUNNINGHAM: Yes, we will. MR. NEVIN: You will be cooking eggs. MR. CUNNINGHAM: Yes, they're hard-boiled./\ It's always been my experience that eggs have a very pungent odor when they are cooked. Do you have some way of doing it without? MR. CUNNINGHAM: I'm not at liberty to discuss with you how we do it. MR. NEVIN: I wasn't asking you how you do it. MR. CUNNINGHAM: We do not have an odor that emits from our process. MR. NEVIN: I notice in the building which you're in currently there's a very large exhaust fan on the building. May I ask what that's used for? MR. CUNNINGHAM: To remove the heat. It's a building with a metal roof that has absolutely no insulation in it. So in order to remove the heat from the general surrounding of the cooler which we have internally I circulate the air. MR. NEVIN: But no odors. MR. CUNNINGHAM: I don't think there's any odors. If you feel that you would like to talk with the neighbors, but we have never had a complaint of any odors. No, sir. i -14- MR. NEVIN: How large an industry would you say you are? MR. CUNNINGHAM: I think I answered the question for the Board. There's about five employees, it could go to six or seven. But I can certainly say it's a small business. MR. NEVIN: And one other question. I'm curious, that is a very old wooden building at the moment, what since you're cooking and so on is there adequate changes in the building for fireproofing, etc. going to be made. MR. CUNNINGHAM: We would plan to do some internal remodelling--taking out one part of the floor and putting in a concrete floor with adequate drainage; we would put up a wall with this building that would be impervious to moisture so we could contain the entire operation for sanitary purposes. MR. NEVIN: But you are, you assume, going to need an exhaust system on this building too. 0 MR. CUNNINGHAM: Oh I would think any building needs an air transfer system. Very definitely. MR. NEVIN: That's mostly what I wanted to ask. Well, a couple of things. Firs what of all, despite/Mr. Vasse says that is not necessarily the type of area in which he mentions. There are immediately adjoining that property four private homes, one of which has apartments in, across the street, immediately across the street there are several private homes. Granted on either side of it there are other than piivate homes, however, it is a fiirly large piece of property and there is quite a bit of land abutting onto it. I personally would object very strenuous) to Ahaving what I would consider an industry, coming in as a neighbor to me. An I believe I have been told that processing, which is what they are doing, in an iindustrial process, is no permitted in a B-2 zone and I'm hoping that our Board i ill act accordinily. Granted possibly living downtown in a private home or a apartments is becoming/more difficult thing to do in this flown and yet I do hope that this Board does look with favor on this type of situation downtown. I guess that is all I have to say is that I do not feel also that this property have really been on the market an extensive period of time. I certainly feel that any private person has the right to sell to most anyone they wish but as ; neighboring property we have never been notified that the property was for sal hich I think is strange. I don't think it's on the multiple listing so I dontt eally think there's been that much attempt to sell it to somebody else. I may I e wrong on that. iI i i -15- CHAIRMAN MARTIN: Can I get it a little clearer how your property relates to thi one? That is, you are the abutting property? MR. NEVIN: We are an abutting property. They face Seneca Street, they come immediately back to our property which faces State Street. CHAIRMAN MARTIN: And yours is a single-family home? MR. NEVIN: It is a private residence. CHAIRMAN MARTIN: Private residence. In which you live? MR. NEVIN: In which I live. On the very corner of their property Mrs. Bell, facing State Street abuts their property, it is a two-family private residence, private residence for, well ever since it was built. On one side of them is the brother of the current owner living with his wife, I assume that they don't object to this change, but it is a private residence just the same. At the very corner of that, is a residence which the upstairs is an apartment and has just recently, as of last year, is a I believe they sell books and so on, it's Ithaca something, I'm not sure, it's a very quiet type of operation. How many of the private residences across the street are actually two-family, I'm not sure. CHAIRMAN MARTIN: Other questions? MR. GASTEIGER: Have you been in contact with the other residents? Can you speak for them? MR. NEVIN: I don't wish to speak for anyone else, except I am in contact with Mrs. Bell and she said that she would like us to speak for her and that she is against it also. MR. GASTEIGER: Did you view the bottling company as an industrial process? MR. NEVIN: The bottling company had no odors whatsoever. They have been there since, as they pointed out, the year one. MR. GASTEIGER: Were you happy with, content with, their being there? R. NEVIN: It didn't make much difference. They were there before I was. CHAIRMAN MARTIN: But you view this as being worse? R. NEVIN: I would view this without, I mean, I could only assume that this type of business, which in my opinion is an industry, where they are cooking leggs, where they have to have some kind of exhaust system, is certainly going to be a detriment to the neighborhood. I don't care whether it is a commercial neighborhood or private residences. R. VanMARTER: May I ask, Brian, did you get notice of this meeting? i i -16- MR. NEVIN: I got notice of this meeting, yes. MR. VanMARTER: Would you suggest that the possibility of this cooking process being more offensive than permitted in a commercial kitchen. That type of thing for a restaurant of hotel. You've certainly had some experience. MR. NEVIN: We've certainly had a very unfavorable experience with the way the zoning rules in our particular area. Yes. And certainly I hope that it isn't added to the travail that we already have. WE are unfortunately, I supposelt nec s- sary ruling, with Piroo's pizza place. However, I think they got their ruling because they supposedly were able to make up on the parking variance, which thou h they brought forth lot's of evidence they had lot's of extra parking, I don't Isee that it's ever been used. As far as odors go, let's hope they aren't any worse. But I will say that it makes it very difficult to use the yard as it is, whenever Pirro's is open. Which doesn't leave too much time that it can be used as a private yard. Having someone behind us adding to that would practically eliminate it because that's the only corner which is far enough away from the existing problem. MR. GASTEIGER: I'm a little anxious about what would be acceptable to the neighbors there, because I can see the owner coming in claiming hardship and MR. NEVIN: I don't see how the owner can claim hardship at this point. MR. GASTEIGER: No. No. Of course not. But eventually it will happen unless a suitable buyer MR. NEVIN: Sorely Mr. Vasse is a good enough real estate man that he can find another buyer. CHAIRMAN MARTIN: And he can find things that are acceptable in a B-2, don't require variance that are far worse than what MR. NEVIN: That don't require any variance. And I maintain that this is indus- trial use and that that is not zoned for that. Is that it? CHAIRMAN MARTIN: Any further questions? Anybody else who wishes to be heard in this case? MR. SIGLER: Mr. Sigler, the owner of the Ithaca Bottling Works. I was born around the corner from the place sixty-eight years ago. I have been down there, my father built the building in 1923 and I have never had any trouble with any neighbors only Brian what's-his-name-down-here and there's been hundreds and thousands of people moved in and out of the neighborhood. Now what he's got against mf, I don't know and I don't care, as far as that goes. 1 � -17- MR. KASPRZAK: Excuse me, sir. This is a personal comment and we would prefer not to have something like that in the record. MR. SIGLER: 0. K. What I'm saying is I can see no reason the place was a beer distributing place for since 1923. We operated eight to nine trucks, there were tractor trailers going in and out all the time. Nobody ever bothered and I can' see why an egg processing plant would ever bother anybody with one truckand one day delivery. That's the only thing I've got to say. CHAIRMAN MARTIN: And could you comment on the issue which we would have to decide in this case. Namely, the hardship, the impossibility here of using the building within the requirements of a B-2 zone. I mean is it impossible to use it? MR. SIGLER: No, I don't think so. CHAIRMAN MARTIN: For the purposes that are zoned? MR. SIGLER: Right. It's a business district. It has been for years. CHAIRMAN MARTIN: Right. It's a business district but it's a business district which does not permit this proposed. MR. SIGLER: Oh. . CHAIRMAN MARTIN: Yes, and that's why they're here. I MR. SIGLER: Oh. CHAIRMAN MARTIN: Now the question is whether the building can be used for thing that are permitted within a B-2 zone. MR. SIGLER: I would imagine. I could open up a discount house down there, and then there'd be traffic until midnight. 1/461iXd/¢ And I may do it because I hav a wholesale-retail beer license and I'm either going to sell the building or I'm going to go back in business. And I don't think I have to have a variance because I'm still at the place, I still have my license and this place is still the Itha a Bottling Works. CHAIRMAN MARTIN: Questions? Greg? MR. KASPRZAK: How long ago did you get rid of that bottling company? MR. SIGLER: I haven't got rid of it. It's still the Ithaca Bottling Inc. I still have my license, but I discontinued the beer business the first of February. MR. VASSE: He's trying to retire. MR. SIGLER: I'm trying to retire and get out but I still have the business, I still have the license, I still thave the corporation at 407 W. Seneca Street. If this deal goes through, I give up the business. MR. KASPRZAK: I wish you didn't call that a deal, sir! I -18- MR. VASSE: May I say one comment? The Brian Nevin brothers mentioning the property havO not been exposed to multiple listing. I an basically a commercial broker. I do not put commercial properties on multiple listing. There's a f reason for it. There's not that many commercial-oriented people in the business so let's not talk about that. Number two the property was i_pUkee of- Bernie Sigler over a year ago for a price that he obtained in the sale that I've just acquired for him. Thank you. CHAIRMAN MARTIN: Thank you. MR. GASTEIGER: I'm sorry. That last was A1JJ%%XA too fast could you repeat it?I MR. VASSE: A year ago I was hired by Mr. Bernie Sigler to go and appraise one property. And that price is being acquired for him and Mr. Cunningham accepted his terms. CHAIRMAN MARTIN: Is there anybody else now who has not been heard, who would like to be heard in this case? Does the Board have questions for anybody who has already spoken that they would like to direct to them? Alright. Well, then that concludes our hearing for this evening. We will now go into Executive . Session to reach a conclusion on these three cases. i EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, AUGUST 5, 1974 I APPEAL NO. 1057: MR. MARTIN: I move that the variance be granted. ,MR, KASPRZAK: I'll second that. FINDINGS OF FACT: I)eThe proposed use, although not consistent with the B-2 designation, is accoodalfg to the testimony presented as less of the detriment to the neighborhood than the existing non-conforming use; 2) The present structure, designed for the pre-existing non-conforming use, has features which f lend itself to the proposed use and limit its attractiveness for any of the things allowed by a B-2 designation; 3) Given the uses immediately adjacent to the property in question it would not appear that the proposed use is incon- sistent with the spirit of the zoning ordinance. VOTE: YES - 1 NO - 5 MR. MARTIN: I move that the requested use variance be denied. MR. GASTEIGER: I second that. FINDINGS OF FACT: 1) By the testimony of the owner there is no hardship involved; 2) Upon invitation the appellant was unable to give any indication of hardship as required by the ordinance; 5) Owner's testimony clearly indicated that a use for the property could be found that meets the requirements of the use district. VOTE: YES - 6 I i R C E R T I F I C A T I O N I, NANCY L. JONES, DO CERTIFY that I took the minutes of the Board of Zoning Appeals, City of Ithaca, in the matters of Appeals No. 1055, 1056, and 1057 on August 5, 1974 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 lminutes of the meeting and the executive session of the Board of Zoning Appeals, City of Ithaca, on the above date, and the whole thereof, to the best of my ability. �y NANCY L. JONES Sworn to before me this s day of 1 74 / G ROBERT G. GREY Md� Notary Public,Sht�of Yak Qwlifisd a Tompkita AAr Commiuioe EXPka