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HomeMy WebLinkAboutMN-BZA-1975-06-02 t i BOMD OF ZONING APPEALS, CITY OF ITWA CITY HALL, I'THAGA, NEW YORK JMm 2, 1.975 A regular meeting of the Board of Zoning Appeals, City of Ithaca, was held in Cocoon Council Chambers, City Ha11, Ithaca, Now Yo rk$ on Jme 30 1975. P1t UNT: Pete! martin, Chairmten C. awroy 'fan Nwrter Gregory Saesper_ Elva Hfalmom John Bodine Zdgar Gasteigrer Edison Janes, Dep. Bldg. Coos. and Secretary Olga Poto rti, Recording Socretwy Chairoam matin opined the meeting listing meoberrs of the Bowd present. The hoard operates i the provisions of the I City Charter of the City of 'Ithaca and under the provisions of that Zoning Cltrd natec�es. Throe Board shall not be bound by strict rules of evidence in the conduct of the hewing, but the data r- urination shall be founded upon sufficient legal *video* to sustain the same. The Board rested that all participants identify Aver as to now and address and confine their discussions to the pertinent fits of the case i consideration Sdison Jones meed the first case to be heard. 1 �. .4a..021: Appeal of Elisabeth Selve raja for an at" variance to gialmomm lot site under section 30-25 o, Columm 6, at 107 PAtvwd Placa to an R-2 District. W. John Nichols will present the case JOW VICHOU: I should clarify first that I am ter the over of that building. The closing was earlier that anticipated, and so, I Imagi that the appeal should really be In ny now and not that of the Selvatrajas. Basically, -2- i i my desire is to add sao apartoent to the odstiag building. The idea is to maintain the building as pirirurily sat single fan Lly residence With aro auxiliary apartments and this is to be for income purposes. The major problem is the six* of the lot which I* about 50500 sq. ft. As I understand the present zoning rogulrationss. the minis lot size required far two daaesllfng units is 66400 sq. ft. Mt. NAT=: Tie figures in the appeal were 5.a36„ Is that correct? IR. NICD: That is co sect. MR., MARTIN: So that you are "king for an aar" variance ncae of raugbly 1 000 sq. ft. !R. NICHOIS Sight. Mt. MAXTIN i Any questions? !R. CA4S7910U: I think he should dewlap. As I read this, It seemed as though there would bre aedrantae eso at least as you present It* Iid lues to bazaar this dvn1opre4 M. NIC is Well, in the actual specifics In the say Vu Soing to develop the p ropwty# the present three-car gaalrsge which is as the property is In very pow condLtioni My plan is to reao m that SttructUr* and to TOP1600 it with ar tiro- car garags. Aldoo the present buck patch which is an the building is in quite poor condition. That back porch must be removed i I In order to permit the addition of the small ging which will be used as the livioom and diningroom of the &Wtament. This result La a small decrease in the actual lot covers ! so that there will be somewhat mance open space in the back. My reason for doing this is to sake a snare pleasant back yard batsicall . MR. WTIN: You reaent:ly squired the property* You did so knowing full well what the Zoning Qrdin- ante roquired of it? MR. NZCN4: That is cam: ct. MR. MARTIN: $o that you bought in the hope that `you could have the area vexiance to that which you � sainted to do. � M. NIGH": That's c rrect. Yee. MR. XARTTHt nxt%e r questions? � M. NZC : Way I also state that it: issay, standing that the building neat door at�1lw Harvard Place which belonged is the.- Cranches, prraent y has an apart meant: in it, as dos, I believes an the other side of me. It'd so sacked, but whether or not it*& presently tei ng used that wary, I don 11 t knew. M". W ,,1 M: Can you describe how the new gav4p will. sit on the lot in relation to the trine. MR. NICAOLS: The new garage will be smaller in +girder to permit the kung to case out the rear of the building. I believe you have the in f t i i �$ f i *4w i i i front of you which show the apartment mLng coodug out. Iwm not sure whether the copies i you have show the garage oar not. You see, the present garage stick* behind the present building a3most this much. That's to be reduced to maim a yard. night now its filled up with a Wage, So the win8 will cane out this for, but the gaacage will be raeducmd 10 feet. MR. GA=ISM: This is naw? Ia. NICHp► : This is new. Bight. MR, GAMIGHR: The livingediniag area. IRt. RICH=; The iivingodining area, right. And then on top of that will be the porch for the living- ram of the house. MR. M: bio this is at basement level? M. NICD OIX: That is caarrect* The ground RI," off gpdte steeply. Actually, =xre lovol is achieved about here from the basement and continues nues to fall back and than sort of levels out to the rear of the lot. MR. GASTZI : This is the entrance to the new apartaiaent? Imo. NIGHM: That is erect. Yes. MR, GASU And them the entrance to the house is off the front porch. What is this? MR. NICHt : That$s a tstalt aey down frau the dock so that both units can use the back yard. MR. GAMIC=: So the single dwelling is a t:ro tory? i i i i i M. xlcxOLS: That's cwroet. Th* reason that it beecomo i attractive to do so is because the basement I has a very high ceiling. It's three foot clew of the rafters, and is quite dory � because the ground slopes off so rapidly. Hatt: Does denial of the variance ce of the dwelling I present any difficulties to you? MR. HICIl U: Moll, it's less adve ntagome eco mically. I can survive, I imagines but it Will be tighter. MR. 1iA TIN: Is there anything peculiar about your lot? Frac the application one gets the sense that the smallness of this lot is shared by lots around it. MR. NMHMJ: Yes, in facet the houses on either side of as are quite s bit larger than my house. Al they occupy 1wgetr late, I belie" they cover substantially unre of the lot or" than mlao does. Mine is kind of a pie shaped lot. Theirs are pis shaped but Tess so, and they are somewhat wider. . WATIN a Are there other questions from masibers of the Board? I tR. via► NAR I hags s e tion in regse'd the parking,, plesso. ter much parking an the street can you provide? . Hxc Wall* there'll be two places in the Swap and then the driveway would in theory a►ccomw modatee two macre, but the satin intent is to I i m6ft have too carr parking. MR. VAN MAR=&a Can you give me the a of the from tags of the lot at the street plea". MR. NICK is I'll heave to guess at 56 feet* 111vo forgotten the specifics. MR. VAN ZIARs mak you. i MR. MARTIMI Any further questions from members of the Board? Mt. CA RT I guess I dons"t have a very good feeling for I the hardship here. Itis true as I look at this that it will be ure attractive and a better gray to use this space. but 1 think the ordinance requires something about the hardshi . MARTIN: Actually, the language is slightly different in talking about an area variate. fraactical difficulties we special conditions. The i word "heurdahi " does not appear in the area � variance enaction. Any furtherr questions from rears of the Board? Thank you. Our prro- ceduree then asks if there gree any others present to speak in behalf of the appeal. Agee there any others present vbo would like to speak in opposition to this requested variance I would like to read into the record at letter which the &card received from a yrs Linda Runyon concerning this requested variance. It reads: Dow Persons: Concerning the property at 110 PAwthorne Ptwaee, I oppose the application for an area variance. The property i I w�+r is presently a hazard to the residents of the neighborhood. The sidewlk is over-raw-n- with weeds and there is broken glass. The +reeds also cause a dangerous visual obstruction to the numerous este turning ng the carr at Pearsall Place and Hawthorne Plisce. MR. VAN M79R That doesn't apply to this case. UK. MARTIN; Excuse in, I've got the sarong we. I its given the wrong number for this. Hone of the c(wrespon4encs are home applies to this case. it will be saved for the sMopr'iaatt+e case. That concludes our hewing on this case. I i BOARD tv' zo unG APPEALS CITY of xcA JUNE 2, 1975 I ASL NO. M2 MR. MARTIN: I sem that the requested area vWtsnce be denied. MS. Hou": I second that. i rReog ff PACT 1) The deficiency in tot sine is newly 1,000 squama &a t (newly 20X) 2) The evidence presented .tailed to establis that the property in question could not reasonably be used for a single family i dwelling which complied with the Zoning ordinance area requireeeents. 1 3) other tots in this arae are of Smear sire, and if a variance were granted in this rase, it sight set a pro"dence for jr similar appronoal in the future. � VOTE i YES 6 No • 0 /r wQ.r BMV OF ZOKU1Q APPIALS9 CITY OF MUCA CITY HALL, ITHIICA, lel YOU Jim 2, 1915 Me= Janes atoned ttae neat cars to be board. A.Pa" 19. l0 s Appeal of Anthony Albanese far a use variance In permitted uses under motion 30.250 Colpo 29 at 102 Adam Stroeti In an R-3 district. W. Richard Albanese will present the case. MR. R. AL!!AN =Z s icy now is Rick Albano". My father owns the building at 102 Ades Street. It revs originally the Ithaca Clack factory. We now haws an office and storage arrea in that building. We we proposing a use variance for this building for the following uses: the stowage and sale of boots (the !'rigida of the Library are interested in spa" for this purpose), rte would lige to sake am* storage cubicles that we would call ries.-storrags for persons who would care to store* for � examples sugar aarticlea, law equipment In the winter and sinter articles In the summer. Another proposed use would be for office and steragre space for contractors similar to ourselves. Two businesses In the coommaity haw express*d an Interest in Chia, T k Construction Company and Towner Zlectric. A transmission specialist has expcessed an Into," oat, n - oat,t and we ban space available for this type of service in the rear of the building along with a, gums you would call it a home i or custom its for the hoe,e, such " raillin i. A W. SanSOWI is int+srested in pant of this area to build like stairs, railings, special- ties p cial-ties for the ham. In other waords s they wou be small items and also we have eco, additional she, we have approulmately I 24,000 sq. ft. There is repo for a retail shop or a type of personal story. Another individual in toss has m*ressed an interest In this in the line of an antique shop. Those are the us". Do all of you have► a aepT of this shoot that I've just mentionedY We gave thea, to umbers of the In Board I balleves and the Codes and Zonis group: and I believe they passed them out as I Undwstood it. MR. MARTINI What's the sheet you're reforrin$ to? MR. R. ALBAN=s It's a shoot of proposed woo for 102 AeLamie Street. I have copies if you'd like vee. MR. MARTYR s We ham a report from the PlamnIng.Bowd which I think summisw what you've genet given us. Having suwrerised those uses, would you care to address yaurself to the sort* of findings which the Bid will have to asks, in corder to grant a use variances noely, that their peculiar spreaial cite► steres, unbpo hardship that relates to this property which pro t it from being used in confowmanco with the Zoning t�4rrdfnanw. I I�I i alt• MR. R. ALBANM Well, the building when it was +originally � purchaesed, a veriance was granted for apart- i Brenta, cc agreod to for apartments. I belier 33 apartrents. After going into the economic of building apwtmnts and maintenance, it we totally, eeonoeically unfeasible at the time# and still is. These prop la um we much more feasible* much maace usable, and � I Mould allow us to rake necessary repairs to the building, and those repair# would include 1 a chirreasy that needs to be taken dards a goof that needs to be repaired, the walls ! need to be painted and pointed, window need to be replaeed, there are over 200 window in the building, ..there is a sprinkler suer that needs to be restored, an eleretor that Mrs certified two or three yews Np and meds to be checked again, repairing of floorss, parts of certain floor$ where the roof has looked need to be repaired. MR. MARTIN: Can you elaborate an the unfeasibility of the use for apartments? You say it saariginall acquired with that in rinds 1 assum you then enrploeed how much it would cost and cam give us some details an the difficulty of that kind of use. MR. R. Aim : Vell, roughly, I was not directly in ease the financial dealings, but it would cost approx" Innately five time the mmmt to build, just i� I *12M build aportmsato in the building. That is, refurbish it entirely and include has g„ plumbing, all that would be — for apartments, to opposed to soon offices and staralp space w iech would require minimal mount of plumbing, heating, ILghtings genera exterior upkeep, would be less. Mt. NARTIM: Are there questions from nombiers of the Dowd Mt. RiA 'RZAX*o I would like to ask a question. I just made a list of the items that you said are going to be used for the uses that will be in that building. Among tis the contractors and transmission specialists as you call it, and yousre basically in the middle of the reesideatial area. How do you allow for the traffic and the noise and things of that natures? There is also a park right ahead of you if I remember correctly. There will be children playing there. With this type of activity, how do you effect to bon this bad out? Mt. R. A13AiMM: Well. the building itself is about 120 ft. R 150 ft. roughly, and the ar" around it has ample off street parking to acc©mmWatve sore than to have proposed. And the tr --- an I shop, should the area variance be granted, mould be in the rear of the building on the back side betw on. There would be a set of five garages that would be between any shape ' ff -13- and the newest how 9 and this would be away from the nkat home. i estimate it would be ower 100 ft. to the neatest home. 1St. BODIR: Hoa much off stet parking do you have? MR. R. ALBAN=: When we went over it, I believe there are 30 space*. wore fro® the Flaming Board i was down and we talked about it and discussed it. . Ht MAN t am *ay onplo s dots your business ess have? HR. R. ALBAR M At the present ti=e we ba v et five. . HO MAN: And how many vehicles? MR. R. ALBUM: business vehicles, throe. MRS. Rte: And the ssion shop••owou1A there be vehicles involved with that? Obviausly, thm are going to be vehicles. I neem vehicles owned by the proprietors of the business and used in their business. MR. R. A SZ: Owned by the proprietors evidently. I can`t nay for two. MR. tKAVR?.AX: Haw many vehicles would the transmission have to operate? XR. R. ALBA► : If it would have more than orae I mould be a rperised,► I don a t know for *we. MR. XASPRZAK: How are they going to pick up transmissions and deliver them? MR. A. ALSAMM: There Mould have to be a truck or if it was a minor repair, the person would baring their vehicle to to have it repaired. MR. Hm nervy people are you anticipating is the f I t i 4014- buildiag after all these uses We pors ? IMR. R. ALRASR a That would depend an the UvWbor of actual offices. we anticipate six diffearent officae or bussu asses, with tva or tbres and possibly as many as four or five employes in each. The t 'aIsNllis#iran shop would have two and the apleey+aees, cad the custom sbetp hits fico, ad I*m not scare about T nnock Coustr ustiaae. 1R. FARfRZAas In aisouce# you*ara saying you will bow apProximm, ly fS people an the Wises. 1R. R. AIJ%li1l Approximtely tbat, y0o. ]MR. R ZIRM: They all will be coming by cm. M. R. AIJAAMM s Yes, I balm so. M. Q#jMI : Will there be a flaw of people aside from tie who are gently uarkLng there? For Inst eme, the Ubewy book sale obviously iaw1 w o a fair amomt of traffic:. For each me of these busivessos, is dwo any o4timte of the flow of traffic to and from? M. R. ALLAUMs As fate as the book club gags, tboy ban mWlained to as that they will function in a May that ""Is will euro+ sale books off duaring a Meek and possibly twice a reek a voltaetarler would cc" in for a Caaeple Of bouts to caatorgvris a the books. The othwCe would be sImLU Y' to wit ow business they may have two ace three* and on a good day, four car five e*ustamwe came by. w15* MR. swum: Would you anticipate any large Mucks making deliveries hare? MR. R. A SR: There may be at rare inter mis„ rare tieing ance every couple of Months. MR. DINE: So they wouldn't ordinarily delivw plumbing supplies thee? MR. R. ALBAN=: No. Large deliveries go to the job Sibs. MR. MARTIN: other questions? ad- M. GAMIM: Will the traffic offing the library book sada came up fordiscussion? Have you mWerienced that? MR. R. AIBANRSRt Yes# we had the Friends of the hiberary rent from us last year in our building, in a Slightly different location, but they used a significant amount of area, and as far as traffic ,gow, there we a considerable amount but we appreciated the enthuslosm of the coeeeeunity. There nes quite a wide cross section of the commmity people that frequented the boon club during the sale. . MARTIN: Either questions? � MR. VAN tT : The number of tenants you have at presents per• Sit. R. AIAMSK We Aare than only tenants. MR. MTIK% And yaw use is covered by an earlier variance? MR. R. ALRAM#ig: Yes. W. IGM: How long have you oun ed neer building? 1 MR. R. AL B : #72. It was purchased in the summer of '72. ldk. CAS MU: since then you'v* gone through the question it r •16• I I of apertmeents. You would like to build tbm, gently that was the intent. It. X. AIAAMM: Yes. MR. GA$' : Theca this is three years tin before you edea before us with a request. Is it only recently that you've mode an effort to do somddng else with the building? K. R. ALBASSIN: no, we hoe from the beginning tried to fiend workable and solutions to awaking the building useful ag&in. We wa�Iaree very enthused about the ape rtae nt idea, but it jus prarved totally unfeasible and nor what work we have dame since that tieee, this seoe:es to have boiled damn to be the cost foasibloo economically possible, and useful, type of thing we con do. !a. GAmtml Peters Iid like to gat a fool for booty restaric tine or definite this is. Are we talkL ng about very specific uses, each one len turn, all uses that he hes proposed? MR. MARTIN: Well, they all of them go beyond the parlor vaoriaance, and so escb of them Constitutes, if you like, a ssperat a vesiance. ear we can deal with than as a totelity, either way you , and I would assume that having granted naacr+rairly tailored vesriauces if the Domed should grant a variances Might, tsubeaqueant new t+a mts wh* constituted different uses would bring you back here for another varim I That we would in effect be supervising the use of this building ovw a long period of tiwe. MR. GABTSIM The reason I asked this is that sone of these things seem somewhat tentative. I seang there are no contaracts signed. IMR. MANTIM: Noe► many of these are definite in tarms of fire: leases ar firm c itrnants? TBR. R. ALBARM: We hwm no yeses with anyone* although faros people have said should a variance be granted they will definitely umm in. The book club, Towner Electric and Taugha nnock Cmetructioaa, and I'd have to chock an the other. ABR. GA I : You've mentioned that there was aR difference of about five times for renovating the buildIAS for residential purposes as ogasinst commercial purposes. Do you have any figures in Umms of returns in the resUentia l capacities as against the renovating for residential ? M. N. ALBA : Ata, I wouldnw t have those f fturests alter, I could call for a little assistance. M. NAM: it is our procedure to allow other people to be called when ;you haus concluded. Do you want to call someone else at this point? M. R. ALUNIM: Certainly. Asst. MRTIN: Would you case fcamewd ,and identify yourself? MR. A. ALBXRZW.o i ams Tony Albanese, the owsw. It nes my night at the Planning Board, so I Somm his his chance tonight. I went over this whole ;i building with some builders, with msterials, and there were a couple of people who sell lumber, and we arrived at a fierce of about between $3509000 and 4400(9,900 to put in 33 apartments. These plane were made up by Tony Egner which they gave to me very gladly. I'em glad I didn't have to pay for them because I worked on these for about a yew and in the Mantlme Shulman %As in the building, and they occupied the entire building with the exception of the little office that we are in now and the boiler room, and they got out last spring, and by the time we got the thing ) cleaved up, by the time Masan ma d out, by the tim we got all the pressers, the washers and all the materials and all the machinery that was in there, we found the building was in worse shape than we haat anticipated. I didn I t anticipate too much anyway, but the building we a lot wares off than I thought it was, and roe a vie mrd up the flows and the walls here and there and we found that the only feasible tiring to do is to leave it as a commercial awing rather than make it residential. Its got three flooes in the front of which is Aden Street, and two an the sides, and two In the rear, and there wmre approximately 30 some, parking areas, off street parking, and we weed this all out f ' gust recently and found out we mould occupy about half of the parking areas with less congestion, and we could salvdige the buil with eight rental*. Now this memo all on the first floor. This is what we have to rear out to moU taian the turas as It and other he r expenses, the invuran ces and the necessary things like the chimney, and t think we gust elaborated on that, and Z figured out it would cost probably a little o $100,000 to get these people in here, and we Mw arranged them as though I were going to live there myself, the noisy people in the back and the middle, the quiet ori are on the perimeter that were newer to the residential homiest and to for we've had about sic reeques and they vary quite a bit, but basically, they're not much different from 4 in have there aright now, and we've minimised the e amount oftraffic. ie've m�aaiadasedeveryptst.i and I woultbn''t think there tmuld be mere dam 14 or 12 people In the building outside of the customers, This would mWid traffic, minimise the noise& minimize a yt , and if there was noise, it mould bre during an eight hour day, not nights or weed, unl*4 it was as agency, The buiUdmg treat a clock factory originally, and I don't think there he" been too ,may changes made since ter. It's over 100 yews old and wa`''ge i *2 W"' touched a couple of walls there, and they#>r`e about to cam dog. We've got oat half dog nom. That we not intentional, but that's the way it happened. This is the = nun i reguiresewnt to keep that building up or Blas tee've got to go into something heavier like apartments, a lot heavier, and in that last j year the coat of materials has risen up to 30 and 40x, and this is Just the materials. Labor averaged about 10% since last ',ears so this comes up over a. half miluadl dollars to build the 30 am m apartments in them, over $350'-to $400,000 last year. so if we can Minimize its a lot of this stuff we anticLpate doing ourselves because we can't afford to hire it done. lova had a fo* concrete figure like tea ring the chimay lovawas $%0000 to level off the ddrivy and gravel was $60000 and theytre up in t figures, and 1 got up to a little over $100.000 so 1 quit asking thee:, but this 3s about what it will run„ a little over $100,00 to keep 6 bmmto butt ourselves there. This, is all an the first floor. The second a$d thud floor Vd like to utiU*e it with ndmi rental** Y d not nem like having it lot of trucks in there like we had before. We didn*t lima that either. These trucks would comer' in all bows of the night and they'd have these ol"pera and it i leave the motor* sunning. They wMe noisy, i I didn't like it myself, and I hewd a little complaints. But I think the people will speak for themselves. WeOve talked writh s I'd � say 25 to of the people in that immediate aarea, and they said, fw Cud's sake, get those trucks out of there, and that was the only objection th ey"ve had so far, amt ve*ve been there three yeears, ,doing vn threes yea". a. MARTYR: Questions? M. Va MR=: I have a question, to regord to the Planning ft and repaart. They sentioned outer stwaege Can you describe that? 1R. A. ALUMMi Yea, Outside staarage was really there are fives sarongs In a roger at the rear of the building,ware or lets like in the middle of the block so to spank, and there will be storage there. Its talking about, that tont be seen from the street, and this is where the stoecop will be, plus the fact that we propose to gut a fence on the end or wr ea~ there sight be anything on the outside. All this stuff should be revered most of it should be, or inside. No outside stor*p unless it �) would be a vehicle. Mm the proposed vehicles would be just two fw that ssission shop, that'd all. MR. VAN WATERe Their report sayer you w culd Make screw— ing for the outside storage area, so I +don"t i 42.. think they are referring to the image. If you hoe a melding shop theme, there's going to be outside storage, no qu"tion. MR. A. ALBAUM No, there wouldn't be outside storage. it l would be ride definitely. How the ray this wa rkks. there Is an old boiler rom an the very rear of the arigianal building which is separate, and right immediately behind are the five car garages. They Mould occupy one garage for storage, and use the old boilm room for their sip. The Friends of the Library will be on the Eley street side. The xsughaw rrao+ck Couswftaructiou and myself will be In the front on the Adme Strest side, and Tower and myself will take the AW nwn Street side. This is all we have, Nre011 gust fill the bottom flows with plenty of room without any congestion. It' s about the s bgl"t way out of it. MR. MASTINi Further questions? Thank you, Are there any others here tonight who would like to speak on behalf of this requested Varian+? Please coon f+orva rd. Ms. MUM I an Carolyn Barlow, the president of Frier of the Library, and I csm ans war any questti What we would pwropsw to be doing Mould be storing our books there " ouSb out tho year as Neither parmitted, beacuse Me*re not going to have too such heat in there. We Mould go t +23- in there and straighten out the books from timer to tim, and for a period of aft, possib y eight tweeks In the fall is vim we ban the heaviest usa of the building, and at that time there wouldn"t be any more eucept for the 10 days of the mala. Abut 10 people will be Mace► a day sart#aarg books and score cars c to deliver books, and we would be there free 9:30 to 3:30 ovary day while we were arranSium for the sale, and during the beam of the sale we would be them from the sales hours of 10 to 8 all week days and on Saturday* theyed be from 10 to 4, and that would be just two Saturdays, and that we'd cream up the Mmday after the sale, and probably wouldntt come back &Sain much until sprIngtims, and th9, question haat was asked of in last Mask wass did we plan to have the sale if we had- a space, sect of daily or ov ery"y* -say we have run it this way for 28 y tx- and, this is the Vey eased like to coutia m to run it, arced we"d like to continue to run it far 28 =ore yews without any wwz y about +share we could haute it, bei our eels has ;gotten so we need about 4,000 sq. ft. of space to bandle all aur books. M. KASg'Sfd : Did you look for any other location? W. is Yes, we ba", UK. S4SfS3AS Any results? { *24,w tg6. BAtt14Ws We tried all socts of places, like the Family Swasin #tura, and all triose kind of places, and they have not been very hospitable toword s community benefit operation shall we say, because metro not in the financial pe Lt on where we can pay the rants of those kind of People t DUU meet. M. YAS RIdl: You have to pay react here too? W. eARUW2 Yes, but not to what something like t2e Family Bargain stwes those outside Ovows "Mu of us. a. KWOM I twat I'm trying to find out is why did ym choose this we in preference to the others; you say the cost wo the only reason? W. ,l it We le*W and treed and looked, and this was the place the day before we mare or is had to decide if we wn having a book sale or not, we jpt tlr. Albamoses place bmt ywr, and we wwo very happy with it, amd we though If he was millings this was a good solution to our parttblsaa. MR. GAMIM a It was to little *old mom't: it? W. AAKUWS Yes, but w0ree bawdy poples iso tate can stand it. Mr. Alb will put in a minim boatlul system for us with a sprinkling systwo to secure against any fire frisk. IR.. MARTIN Any furter question ? 08. BOLMAN i Did you h +ae any peroblams with parking last year olyn? NO. DAsiAW. Not that we were a are. It would be the people to the Commmity if they coee thtixeado i but we didnw t how any caimplaipts free any- body nybody in the . . XART y Further questions? Thank you. Is there anyone else who would like to speak in behalf of the va'it? W. MMUSUINI My neper is Joh® Bernstein of 216 Day Stareat. I'm m in favor of the variance with ona rose v aetion. This building, the old clocks w wks, is a building of soeea Y sto rice ImportaeQce. Histoerfc Ithaca has awed an ntereat is it. May people in the noighba r" hood would like to am it retained. Ve donttl want to am it town down because it would be very costly night now, and because it eiight be difficult to find other uses that the city' would go along with L=wdiatelylo neo that this building is of Inpo r tance to the people in thik naighbochood. They want to See it ret"ned. Tharows also a park to the South of the builde ing which they want to am enla r'gado and to the extent to which this use vwlame conn is with the ea tfaa of the park, this prvpesal has some problems with off street pee klmg, in that that stx of which is peop+1 1for remma1 Adana Stet, may provide the omenrs of this ' activity with one lir to 11 parking spaces which they might lose. This would throws awe i li •►S&• parking an to streets directly In front of the home. We'd like to see the building is peoved. We 04 like to see it be =md a mere like other business in the noighbothood 0 for Instances, Cayueger glectric Corp. has a very attractive building on Lincoln Street, but we oppose the use of the building for any obreeooti.ous activity, and that included noisy, activity, We spokewith some ration about welding last week, That's been rsrmm vod from the list of possible tenants, and we also oppose the use of the auto tar Siam of the building for repairing carer for was felt that would involve all kind of peoplae who like to test their cars on the streets, and in a residential that doesae't go very well, so we favor the use of the building for storage purporses, for office purp aNO a for qtr. A11mmeseIa purposes, and f any other tonents who can be found wbo area't along this 'lime,. it's been a mass so far in the back. This vuiance will permit Mr. AlI = 11 1 to get to work on fixing up the building in the front and back, rmorving � the safety h"a rd, true cry, Which is cracked, but l urge your cosmsideration on the question of the auto tr+aelredss#.aw faeili which a number of people In our neighborhood ` cue, including me. Tek you, � E i 't27 a MR. =TIN: Qu"tious? M. KASPRMI has them been any reaction to, you say certain uses like an Auto shop use? I agree with you that it would be rather uncomfortabla to have it there* What about the building contractor and people of that mature? . URNMIN I hell, office activity, it somis to was would not require lame custmer turnover. 1t mould require two to three employees which we can handle in terms of noise and in tom of parking. Wefre okay. rcnck Con- struction would not be storing equipment time. They would be kmping the oqulpment a:1se0here I've led to belLow they would be just keeping their office equipowt, there. That would be pert of their heated facilit-y. In other words, that wouldn't be: cold storage, that would be R 'heated activity. . MATM Yes, do you went to verify that? MR. A. ALIAMMi The gentle m n who wants to rent it came in today from Ti� I), m , ,ock Construction and all they do is remodel homes: so they have s and an office there. They have their place on the lour end of State Street now,, up on the second flows and I done t think it's there because they caa *t stare too such up there, but my understanding is they do repair work and remodeling • no const ruction o � l�llt. Bt to tiheyfre not a heavy construction ccapeny. I; We all imm shat they do. They do light remodelingg so they're going to be storing stuff. ' y're going to be bringing trucks through there and to that degr"s It will be a pcoblem for us* MR. TIN: Are these further questions? MR. CASMUMs 19m a little owfused about this Wk ver" the Ithaca clock building. Can some further statement be made about in so there is sow coMetition here for space, l don 't h"e a good picture yet. W. Ri 1m: Very well. The park we're talking about is called Auburn Awk and it's sarmarkod by the 1968 city plarming study as s sits for Lima proveumt as at neighborhood park. It hasn't been touched for the past sir or seven years. There is no other neaigiaboarhoad park that serves children of Fall Creek other than Tompkins Park, from Qumadi.11at ek and Cayuga $tareet, and proposals to the city favor imprint to this park# The city is currently plamaing an making these iWovow mentss the arelvss. They also !want to given lengthy consideration to ftpandiag the park northward toward the factory. VA* would Involve removing all or part of Adams Street which lays between Auburn Street and bay Street. I would be glad to draw you a map if that's needed. f MR. s 1 " outyou, Is that if and when that bis a re#lity, that arewww s saw of the parking that ewx tly esistse and will dortew that same parkiag eitbox on the off stavat parking available at the cloek ftatwy w an the suoa oa3ndtxwt stnwts* MR. +VAIs Is the park the little tsiaoogwslaare-siaolaed piens? MR. 8Mi' ips Yes "Vi +R. CAMUM Dow W. Alb se am this fulUre1a? MR. MUNMINt Tbwo is tw sidewalk w the nwt h aid* of Adems Street at Mr. Alban ess0s. gam o w up to a w foot Bram the oLdwwlk. MR. NAWM s Any furtbw questions? . MUMN Did the ftl+o Ws of the Library sale resume mach Impact an the As far as iaawo vtiwacet I ,wean. MR* SRR Itis That am very tompmraaory and a n+weoboear of us wero ben W to sese more people in dw asighbor hood. We don't t oppose the use of the buildin We a" ae000M I n-- about noise and ow faolIng to that a tit, 1. ssion she►p eroau U be nom►• MR. WiRM: Aft tie othaaors who would lucre to speak in favw of the rae I a@ste I variance, is thasre any000we here timet wb a aoeld Uktpe to speak In o poi#p dt i on? If not, that caa@UA*o am �g� an this cam, i BOARD OF ;SIM APMALS CITY or Mm" +► ' - . M. MOM I own to grant a use variance 0 ex Nit for sale and storage of books, sale of antiques, and professional and business offiass. MR. BWIRB: I second that. "Joct to the foilovL g cioacalitims: 1) Ower Mill complete wLthin two years the re=wal of the Wdsting laundry pee w plant s estack sad clam up visible portions of the property. 3) Ower pprovids the amount of off street pariaing required fiat teosnt uses. 3) The requirements of the Sigw Ordinance for an Rw3 district will bre aaaplird with. $gym A MT I 1) Evidence Presented indicated that the building iib wets not desigood for a resid- ontial use, could not reasonably be converted to such a use. i 2) The proposed uses for which the variance i Le granted are s milaar to the cwrent use being node of the building or odwcwiso have a United Lopsct on the residential area. VOTE: YZS - 5 NO . I .31« BOARD OF ZONING APPEALS, CITY OF ITHACA CITY HALL, ITHACA, NEW YORK JUNE 2, 1575 Edison Josses announced the next case to be hoard. AP'M N0. 1080: Appeal of Wroa Wasilchek for an area variance to lot sise in front and side r--- -awn--ts under Section 30.25, Column b, 11, 12. 14, 15 at 110 Hawthorne PIsce in an R•2 district. Mr. Michael Pichel will present the case. MR. PICHZL: This is strictly an application for an area variance. No use variance is requested. The use is a two-fawLly dulling which is allowed in an R-1 sane. The lot it on the corner of Hawthorne and Pearsall. It's an approved subdivision lot. It presently has a. I believe it's a five-car gasage.being used for storage, The lot is 110 x 55, not including any of the roadway that's owned. to there is over 69000 sq. ft. of area which would allow the two-family dulling, and there is 110 ft. of firontage on Hawthoar:eo Place which, I believe is the front yard, which mould give enough frontage along the road. There is a 55 ft. frontage on Pearsall. It's a corner lot, and the Ordinance as read strictly requires two front yards of 25 ft. each, and the side yard and the back yard requirements, if you read the Ordinance strictly, would only allow a building 10 ft. deep and 70 ft. long, which I don't think anybody Mould want. So I think this cones under the area variance mere there is a practical difficulty of an unreasonable ..3a- impossible situation to comply with. The lot is about the same also as all the other lots in the neighborhood, and I think mast of them if the buildings war* required to mast the side yard and front yard and back yard requir sant*, they wouldn't comply either. He rants to retain this pretty good concrete block structure. It's solid, the foundation isn't cracked, and the malls aren't cracked, and add on to it. There's a picture of the plot plan and a sketch of the elevation with the application. I think the lot is not terribly attractive now, and having a residence an it I think it mould be better kept up and in keeping with the neighborhood. There was another application once before I understand, by someone else who wanted to put a four-unit apartment on top of this garage, and that was opposed by the neighborhood, and I guess it was disallowed, so there is this application which I think would make better use of the land. It would be in keeping with the neigh- borhood. It would be a residential use just like the rest of the neighbourhood. Are there any questions I could answer? MRS. F41 AN: Are you planning to retain any of the existing garage stalls as garage stalls? That's not clear to in. MR. PICHELt No. he wants to have the garage changed into •33» residential and the parking would be on the side yard off Pearsall. There's ample parkin to meet the requirements of the parking reg• ulatians. IRS. HOLMAN: Parking off Pearsall? MR. PICHSL: Yes Calling Hawthorne the fret, Pearsall the side yard. Right now it's graded Sart of funny. It cows up and then it drops down. It would be smoothed off there, having parking off Pearsall. M. GASTBIGU: The 4$ X 20 structure is the Swap? MR. PICHBL: That's the existing building. The roof would be taken off and a new roof would be put on. The concrete block would be parget and brought up to look like a brand new structure with the other building the new construction. M. MARTIN: other questions from members of the Board? MRS. HMPAN: The existing garage would be me unit and the new structure a second? MR. PICHEL: Right. M. MARTIN: other questions? MR. PICHBL: The back yard would be more than the back yard we have now. The side yard would be just about right and the front yard would be just about right, but "r need this varisn" to leave the existing garage there. MR. PARTIN: We have, and I've already read part of two letters that concern this care. They both of them begin by describing the current situation as unsightly and unsafe, and arguing that it' likely to continue, and that is inappropriate to incorporate the garage in a now structure. Would you like to concent on that? I will read theme in their entirety later on, but I thought it Height serve to. .(interrupted) M. FICHM Might now it isn't very attractive. It's an old garage and looks to me like there was at one time most of the lot was cowered with a blacktop parking area, and the Swap struc as I said is perfectly sound. There's nothing wrong with it, so that if it were polished up and a new roof put on it, and it was landscaped properly* I think it would be a large Improve amt. I think it would be wasteful to tear down this structure. I don't know what you would tsar down. If you just two it down to gat a little bit back from the road, you wouldn't gain very much, I think for the neighborhood. I think it would just be waste- ful to require his to toner it dew and build something also in its place when that buildin can be refurbished. It isn't very attractive now, and I think this application would impac it. 7 MRS. MA": Has there aver been any attempt to rant the garage to the n eigbbosrhood for storage or as garages? MR. FICHtLt I don't know the history of this lot. I really *35M can't answer that. Mr. Wasilchak has been using this ss storage, business storage, ever since he had it, and that will cease if this were approved. MR. MARTINS Further questions? Are there any others present tonight who would like to speak in favor of the requested area variance? Any present this evening she would like to speak in opposition? Would you Qom fwd? While you €one forward let me continue with the letters. The first is from the one I started to read before, Miss Linda Runyon of 118 Hawthorne Place, who opposes that applies- tion for an arse variance, the property is presently a hazard to the residents of the i neighborhood, the sidewalk is oviorgroer with ids, has broken glass, the weeds also cause dangerous visual obstruction to numerous cars tanning the corner at Pearsall Place and .i Hawthorne Place. With the many children of `? f this neighborhood,,: it is truly.naw unsafe places. 7 The present structure is an eyesore. I - stand itle to be included in the proposed building. The view of this from my living- room is most unpleasant. I object to the use of this building as a permanent structure. I hope the Board of Zoning Appeals will take into consideration the opposition to this application. The second is somewhat suer. I W$ from melt. &eum sem, IV ftersalt Place Dow Board MOOM"i I so witi to appose the proposed oomatemUm at 110 Rewd"me rues, fitly, the and lot we unkept and to an umealk emmAtIAN, I ran only feel that any J utaane wRtfkao by Mr, Wasilehok will be usnaged in a vAlow st*Wwd way. All vL$ht, we bm dwmtrro lettere on this ceAM. W. CULLIGM w Thank you Nr. Chaimme now 1a Om Culligan. I Uve at #2' %AS" dtwesto property Wmv tbrouSh on to wmuww and borders the hearth mW of this p rope ro dot: is being talked about bwe to"Ot. Its actually representing syselfr, but I an W reermUnt its a fawn peoples in ter neftbbewo hood who veto aet able to be bars taaaig#t, although tbeare are a few benne. 'his bar beem cteant ested e I dAnk fat do bawth tbw vow an various r *, It was a beautiful pUm of MOPWty 13 Years Ave 'y *p WSS ussd. May ow built at the titan it to filed Cornell Wiring, %Ucb fto 'Sart ars. l rs�rllMA4 Creesoont Plow p 'acts which ON built to 1947, an attomwy beq;bt tbm up, net the "ant attte»y# but au attowmay kought tbm from Mrs. Pawmal tibt`smo her estatee and davble d dr went an +-grtybo�dyie and everybody novel out of dieft Serepe# ser► dwy stood wVty far quite a long while, and the camUtiams even then were like they are some- what now& unkept Wopertys dangerous cOa<'OW. W. Dahmm bought overs I would tray,, five at Mix years ago. and has used it for his parte imaal Storage of business property, Ibicb no on* in the n*Lgbbarbood objected to. His trucks came Heels from tune to time 0 but there was no problem and why this doesn't continue to be a business property for him under theft aspects of storing things, I'm not quite soar*. The neighborhood is one residency n ei ghboorbcx d. MY property is 135 X 2108, Ve. VLoay*t's is largsr tbaen that. The :Lady in an* of the letters. xts, Gam. her property across Pearsall is Ui rgs. The s are here tonight* twir property is right amass Haan u, ae and is equally as last if not larger, but these are all we resident hawses faoild"s this is the neighbanc��od chaaracteristico people pay extra t@x**' I'm asasessed for my land, and I pity for that little extra peLvacy, and to sae a two unit structure trying to be, it's prosaic to as to believe that the existing structure re wb ch is not good, erg the gentleman ahead, Who is probably not an architect, may say it Lev tt' i not good structu"s and hm anybody could � conform this property with no cellars, into i I -38- a a farmidaeble type living dwelling, I t camot seer. The only thing that Z can see in that corner lot would be a good we structure home built by somebody or kept as it is as a storage place or restored to garages. There We ao garages. I b*" cu►e, I*M lucky I . It** bow there a long while& but genre are very few $,trages In the entire two and me* half to three block area from that spot. Of Baa* people park in the streets for , but Ilse quite sure that if they garages were restored d and were :side available, the people would use them. M. WRTIN t All right., Now the precise nature of the requested variamm in this cast is that we w aivo the setback r equitrement IMosed on corner lots, that they have In effect tato front lots. A siseilar tr*quest would hwn to be sande before a single family residence could go in hares, at least as I understand the aarithmeettc. The essence of yow objection is not to the variance, but to v sett is going to and up being put tire, namely# two %mics rather than Mai. UK. CUUMUMI I's not sure. Tvae %=its rather tie canes I % uld say I would not be here tonlatt if we =it was being appealed to before t1w Uwd tonight. I w4ouida't be have as a citisen or repot asenting day. 49-m M. M,TINt The request Is not for then to be able to do tvo rather thm one, but for them to be able to do it without the required setback. M. CUUJ NI In no way should the adsting structure be considered in the use of any building there for human occupancy. feat not a if the Board 4"M ,goes to visit these placeso placespatrtia ul,arly to vier pe3rsonally0but it is an eye" sore. MR. XWTIX: Quaetiona from i wit i are of the Dowd? MR, CUUJ s There are a fear othara 'hWe Who NiOt Vtt to Speak. Thank you M. HARTIpt Are there od rs wbo would like to speak in oppositiont fret as simply rem you agOin that We deea't COMt vo►tee. nerd likes to beat' the evidence. Plow" Unit your trreesW to the Loom that is before the Board, W. Visnei 1 MynowIS George V d4 and I UVO on 631 Hudson Street. We haeae tbree lots on the met side of W"ilcha k's property, and we use all tbtree lots fat aur acesidenceand home. It's a gargle resldeaatce and basi"flys I WO Cu lIzon has pat met e9mythImS on the Bate bwe. Tie"ve gone d wough this before for Variance of nee Soart or another for a feast apartment unit, and W. Gersh Presented that Vie, the or and so, forth of the labs and V* #sate you be" that faet.W with you, 01 I'm not going Into that, but I object to the .rI;Q.. Variance fcc the a le reason that thave is a factor in the toning tbetre tiich whether it Os a single unit or two units home that*s going to be built on there, it satld west the reg» quiremen is of scaning. Thor*'* no se in presenting any more facts other then that. I think than as far as multiple units are can- earned in that airea„ Ding the situatim with the University and the shat tontals that we hmm hares I'm arose that im*t going to he an asset to the no if it's grain& to be mme than aaRss unit$ so I oppose it on that basis. MR. MRTINt Any questions? Thank you. Any=* *Um mb old bike to speak in this Vie, please were forward MR. SOMR; Ity nesse is j'olm Win. Icy address 132 Pearsall which sits right """ the street fare this, piece of pacopert y am. main objection to this piece of jvop 'ty for being used as & double dmlling ptoperty is the noise aspa►ct. If there is v1sitors# the streou are =Wrowo As they are riAt mms off street pwki#g cafes quite s fid. we hats at church up thence now that I believe is up for sale„ and on Sys and during the week night* ohm they do congregAta tbW49 it's kind of to vem throuSb there 110 if there is any kind of visitors at all at i -41- this double dwelling that he propos" to builAl there, it would be Mill quite a hid for the parking and off street parking. I cantt see w1wre the lot is. My lot is bigger than that, not much, but ites a little bigger. t of the properties up there do have moll Lots. Now if there are any children that this double duelling is put up and families move in theare, where are the children to play except in someone elses yard. There is no park* up there. Tbere's a school about F too blocks doom, so I'm in complete onosition to the variance. W. VARTIN i And *W,9 the essence to yow objects to the two units. If this vera a single sos being proposed you wouldn't be objecting. It"s not the wei ver of the setback that you' * objecting to. but what's going to be put Beare MR. Ni t Right. If it Gera a single unit and if the dwellings that are there nowt, ties Swagest were removeed, I could see where they would have plenty of room for a single dwIling. MR. MAST=t Questions froma =asmbers of the Boa rdl Any=* else to speak on this cOW That concludes our hearing on this cmw. ' o4Zo BOARD Or UUM APPSALZ CITY OP MlIrICA JUNE 2, 1975 N 5 MIGN 1 ...f MR. 4AMIM: I vow that the requested variance be denied. MR, VAN i , is I second that. .Famm. .Imi 1) While the lot in question may well require I an arra variance 3n carder to accto a residential structure, the requested variance; which vould provide for so setback from ftwthorne Place for part of the structure �j doer not adequately coWly with the spirit of the requirements of the Zoning Ordinance. �i game reasonable setback is necessary even though full co"liance with the setbacks in the ordiumw— way be unreasonable for this lot. Z) Zvidmce presented did not establish that ii the coapliance with rove rearoaable setback ;I I with saW Place would be i le Oct i�pro�rrible 3) It also seemed quite likely that the @r'oposed structure would require a variance to the percentage of lot coverage reqit j of the Zoning Grrdfnance. 3 i { -43- BOARD OF gONMG AM"9 CITY OF ITHA+6A CITY XAts., IT A, NKW YORK Jim 3: 1975 Edison Jones -- m--- the next cuss to be beard. ALPPM No. 10§1: Appeal of Iv Carved*, Inc. for use ve rianee for permitted tyres under Section 30.35, CoUm 2, at 525 West Seneca Street in an g•3 district. Mr. Iry Levis will peasant the "so me. Lewis: I'm W. biting Lewis, corporate officer of Iry WrAs# Inc., who owns the property at 515 West " Stroet, and we we here tons t to reetwsst a Variance. The building is aened for business, but the present toomt that we rented the building to is a bile and hobby shop. In addition to a bike and tabby, he is planning to add a kindred line to his sales, which is motor scooters. The Planning Dowd denied this request, and I read this in the papers because they said it was going to be a motorcycle repay shop on the end of a reside ential eigtnbcechanat0 I went to coerr+oat that because it is not gating to be a motorcycle repair sharp. Mr. Button who has bow identi-, fled with bicycle sales, first an West Mate Stsoet, and them on the 100 block where the former Shulman property was located, has alv0ays been in the bite and hobby business* and he found that it was to his detriment to stay at the 100 block of best State Street because there we a problem in traffic in unloading bicycles out of the back of a car i with parents bringing bicycles down and young-40 steers standing there getting the bicycles out, and he we able to seems this building which is as ideal location for this type of business. Now, as the east of this building there is the geological Survey buildings, which in itself does s+mwe motor repair work to their owe she cars, and on the vast side of this building there is a paint shop and a gas stations which of course is a motor Vehicle operation. Both of the" plies in my est1wation and you can a question Mr. Bretton because he would know Brie about it than I weoulds both of these places would be reech noisier than the type of business he is going to operate. Now in the front of this building* he is going to sell his bicycles and there is a drive way decrees which has a side entrance that he will entertain any bike or motor, scooter repairs. Before I rented this building to Mr. Buttons ub m we shrew, our lease and without knowing that we would even haves to Eom here for a variance on this paart icular phase of the business, we Included about 11 thiaaegs that were agreed upon between lir. Button and my►seelf, and they were the &m- oral things that you find in a leases sucb as paging utility bills and such things like that, but three of the things I really wanted I � -45- to point out bare Wmaeuse I think it is con- duaive to wbat would happen 4aw here because this is an the edges of a residential area and am item was that M r. Button agreed the tonant would maintain the building and ground including anew remoavgtl, grass cuttings Sarbagit remov*18 and the other its= was* there are 12 items and I'm only going to recite three of then hares the second is that the t tont will beep the outside area Lumm1iateely ad- Soinins the promises in s neat =BMW so as not to destroy the character of the neighbor- hood, and the third item, the eleventh oust tmant will provide elimination of noose, garbage and scrap material Mahout disturbing aeighbarhood and adJoiuing businesses, We thought of this because we gust went to hom i a good relationship with our >aeeighbove whore i we ova any properties, and we thought this would probably be an ideal location and an ideal ares for 1k. Button. W. Huth runs a family oriented business. He operates it with himself, his wife and two sonsp and I believe that noise problem iah is mbat we we tailing about here and only that, is not going to be a detriment to the lacati+en of the building down there. If there are any queationss I'll be very glad to answer then. MR. SASpRZAR: You said that: he's planning to add motor saes. U he going to test than before +46 he sells them? m1? MR. LEWIS: Is he gain& to test them? No, if it portal to that, I'm goring to have W. hotels answer that question because I think he'd be in better r posit ion to air that theca I would, but if any questions we pertaining that I can answer, I1 11 be 'wiry happy to. MR. IRTIN: This is a use dance again and wham we ars talking about a mw variances we haw to, in some fashion find that the building as it exists asne t reasonably be used for the purposes listed in the Zoning Owrdinamc,e. Could you give us the amounition with which such a finding light be made? HR. LSt If you're thinking of the motor scooter portion* not the bike portion, because it is a business .... MR. WRTIN: Wo would beve to find, and Ifm paararpbrasins- ►, roughly that the building cannot fassibl be used for those limited uses listed in the Zoning Ordinance, before we would be permitted to grant any variants. YAR. UKM t I dealt know. I understand that the building can be used as a business because it is in a business area son*. Were talking about this noise area. I was wary selective in finding a tenant for this building. The building has i bow empty for about two months and I made notes of some of the people wbe had inquired about the building. We had an auction house, f _ ' -47- a furniture: Ouatio�n 'house iberet they how a couple of aectio ns at night, an l suppose they rmild bask to coxae in here and ass foot a variance, I don't know, but we d on's t want that because thence is a church across the street, up a little ways, and scross the streets, and we didn't think that would be wry desfreable because most of their auctions are done at night and that wouldn't be very good, and usually I dou e t know why* but with sows of the real estate I +sum I always get requests for bar rooms, and I haven't yet rented oars, and we burned that down because we know there was a church across the road. I really didn't know I had to ask for this variance until I spoke to W. Jones, and be said that I would have to because we were dealing with motaors# and I spoke to Mc. Buttex about this and he told as that at no time would be operate his business after regular business hours, which I had ash would be astound 5:00 otar 5:30 or whatever time you close . There would be no noises back there, and then the: work they would be doing would be in the rear of the building which would be quite a ways away. I question whetber any of the: residents In that OretaMt across the road would hear a motor acooteerrumaing any more than the could a lam mover. I octan this is the way I ferrel about Lt. We're not talking about moxas oyaleso Me"wo talking about a motor swot of wbich it a saallec motor and arvw'y-1& else, but I think M". Dutton hence would be glad to snow any questions, patctaining to the mocho animal partLaas. Mt. MTIX t Aany qu estioas of Mr. lads before we how Mr. Dutton? a. "But=: to the bu6IAess operated undev a 'ansae ML. TIM: No. It's a B-I0 and an oyrprcoprcia►t+e 34 Sw the bike and hobby shop, but gale and somvie of moto c vebicl+os is a use pmrldttaed in 54 but not in D•2,. tmd a motor sm of or I assum is a motor vehicle. M. G SIM: Is it operating as a zotatl nove ? 1M. itD t get aLl, yes. Mt. W'Ig t Tb• business without the rotes aooators would qualify for a S*T. All fright, it mLsht be appropeciato to gall for Mc. Dutton thou. M. WTTOKI I'm 1&46 Buttons the opecrato c of tthece Bike Just a little bit,, 11111 try not to take up toc march time, but Ott we had pfd on doing or would like to do is by adding motor scoota s and soali not orLsed KaycIess tie soarvico an theses s Mr. Xasp oa& asked the question, we we Sol*& to be testing thm. Naturally,, it has to be done. We've not going to go tracing accumd the coontryMe. This I Mon t tolocats Mt. R: You will possibly ,gar out Into the street. Mt. DUTTQNt Can't.punt It out on the street wLthout a U M+. USYL xt I porsstare you haw a license. a 490 MR. 8ti?Tt I AS a v+ath CUp unless it base a licanss a to LIPPO Wo do here two of the follow, my boyse idw Wo Working for mo& do have sot cy*laes tbamssivas, blggaiar motorcyclos. They we licesed to operate them as sm I, but I don't have a mot o rcyals. I'm not that food of threes Yoe, we Would have to test then to minae sots they ars Operating polys 1 Smart you that We do sery ce vwk an bicycles and we Intend to carry it own, If you grant do wr3amt" we would like to carry It away into this samo type of work t t w'rs doing am In do motor scooters the smallaar monad type of motorcycles, not motoercyclas& but motes` bikes with the affect gwerod its for bicyclas than anything also, we not goto too motor cycles and motor bikes off that stroat to stsraice u nli w we sold it. W'e're not going to taped up a motorcycle repair shop. There isn't quite room Omqb to do it, to carry all the parts that would be re quirad to try to se rvico serery make of motorcycle. You can't do it seed this happens. Rver this lair mototcycls shop* ren into this ptraeblem. They haeme to service only what ask" they sell, and this is why* bscaurs dams we so many different pwrts* W.'rs not going to be opear. ating other thin me night a Meek ice"ll be open until 9 oeclock and this Is just strictly sales, not ssrv► tss and no qdayoperation" VOre not g*Ing to caseate my problem am lair as the caeighbarhaad is eCnad. Wa 111 be making was 00140 actually them the Geological Sumy Ott dower. Our store me kited an the other and of that building about three yew# ago# and w did run into *am Woblow there, 41m* taws follow mbo vere wwkftg there wwked an theist aon cants and used the drivemy fw besting, to mbfcb the black nerks attested$ and cavated some areal paroblo w ev a with the no w1ioh 1 don It I know the problem as far as sonjug and tidagae like t ds# we're „dost looking at om eon building and we''aire hoping, that you're going to look at it bmwably. MR. MARTINI Could you help eoeoe mbo dom''t know the terminelegy sell that well„ in understsmAing the diffmonce bet"A at motweyele and as motor scooter and whet you refoar to as a ma-pad? Mt. mn7ms Okays a moopaed is something you don"t ease here at all. You haven It seem tea yet. Everybody has bow s little bit *f ra" of New York State regulations.ions. its have checked into it and found out that a mm ps is legal an Now York State highmys. They we amsll motor- cycles, but actually 49 CC engine. They will get a std of neybo 35 iiia if you pal& hard, a dao hill taailad. They are used very nuch in the Orient and in Runge far transpm I €i Cation. They'll give you about 128 miles a &allon of gas. If we get this nest price increase an gets, seventy-five cents a Sanaa. !' It's a real feasibility. It's going to be a Perfect thing for comuto rs. Motor seroot ers#i we've all seen thsse, the Cushman motor scooters this type of an outfit, either teen wheel or three wheels. gone of thews sake a M wendoult amount of noise. They have good equipment far as amufflemts and things of this nature. Ii IA. M aTIM: So the requested variance you're seeking is for salts and service of moopads and motor 9` scooters. but not motorcycles? j; . I'tTs That's right. MR. MATIN Questions from momebers of the Board? MS.. HOLMO 2 I guest I'm still not comfectable with where ti you're going to do the testing. ii M. BUTTON s Motor testing is going to be done in the shop, i making sure the motor operates properly# i getting time fuel it should$ should we have a problem In the geaecla & clutch necbeemismes broke maehs nismms yes# we r* SOLOS to be" to test it sit her in the driveway or as second ,e recourse at Lassa rsccaurse, nam the bigboay. I Then &gains the vehicle suat have New Ark Mate license tags on to it„ mad the opearatoar f must be licensed# helmet and all. M. WRIM: ftrthec questions? Thank you. Are there any others present this evening who would like to speak on behalf of the requested i ogg* variance? is there anyone who vAsbo►s to be heard in opposition? . UM: W, Chairm ea s members of the Board* t 9m Boa rdmen tea and Vu appearing is opposition to this voorianee on bebalf of It, sdmund �j Clynes. He owAs t1wee houses across the street from this perepwrtys which we in a I residential sows and while of courses the other side of the street is business, this is! EE a distinct ds partnere frac the kind of business that's been there befores aanalys as you all I %n we entrance into the motor vohiclos sales and service deal which is alloved under Bir 1 but not under X-2,j and so it's wcy Mull to isay that the noise won't be obvi uss there's going to be testing* there's going to bre r; running of motor Vehicles out in Brant of that sbop and around that ast I� which is just going to depreciate the value of the residential properties across the E6 $tareat gust that little bit mono. Now the constitutimal issue which has been raised Ii by W. Clynas is this points and 1#11 gust I refer to it vary brieflys I* myself, have been opposed to the idea for a longe; U ngs time of making it a Soma# especially fif you're in a business and residential some ;i down the middle of the street* because we side is going to be developing in a May that will bre obnaeticus to the residents on the ,i i I i'. «SSo other side of the street, and youeve got a built-win da+tcerioration of that residential neighborhood by reason of the business of occupancy of the other side of the street, so. ;4 this is our point here, so t think you ought r to be particularly careful in a case like this not to make the situation worse by permitting a a slight variation of the ! strict letter of the ordinance. Fmthenmore., i i t as you. W. Chat rums t think pointed oust, t it would say that the proponents have net satiso: faetorily raised any question of heardahigo s ire are plenty of other places astound toMn dere they would stent and so i ask you sir !S to kindly decry this request. t UK. MARTIN: Amy questions from members of the Dowd? The Hoard received a statement from Mr. Clyne i which t night at this point than read into the record, as opposes the granting of the variance for the following reasons: it would mate traffics and be conducted in an at mosw j pheore which is depressing and injurious to i the residential snviro�nt sc rose the street:. Said use would be uncenrstitut anal and void where a cnmmetrcial use fee es, a residential I tract. In such circueestenres, a variance ance cannot be granted citing several decisions. The gas station and dry cleaning esttblisho teents ware noneconforming uses. They aadstaed' i `? befwre the Zoning Ordinance was drafted# and r .y ' I i i i •�i! i i II i finally, taraffiC can MWA14 ut St Meat north and Semen dt reet West is very ha dazes and i 1; dangerous and will further dapreciat a the j neighbothocid. That's the statement which we have, and Z read into the racawd. 'Thank you i� Mr, Lee. Anyone also who would like to be hoard on this a ppaal? That aacaortclvu'tatl then i E aur hearing an came 1082. i Ei p I `i 1� 1! i1 ii j ,I II i{ i�i. `E f II it 11 it i ,E �! I I II 'f i� i j i� 'I t i i DOW Or ZW=Q AMAIS C ZV OW VRACA Jun I 1913 rt'. .. ADM 28 Hsi Mt. XARI : 1 no" that the eery be deme, IMR. > WLUXt I see:ond thea. Kamm Mma 1) The omm of the buil4ins emking the vWISMO fativa to Pras"t OvIdame wam to estabUsh ovideoce of ImbIUty to use the building for they user specified in the wing td . 2) No sbovins that two ws enYddxm ams or Unt*" about tbs p repay iftch prov me d it from .yielding a reasonablo ret wo wAw the �c�regedac�ts of the akdi Von: Imo * 6 4 *56+ OF ZONIM AP LS, CITY OF 1" WCA CITY NAx q ITPACAt MW YES JUM to 1915 j€ itl H Bdison Jon" announced the final case to be heard. Acme,,,p,,,M, jej t Appeal of Vill Robert Teeter for ancon vUlaoco under Section 30.25$ Cobmn 4 off Street parking; to convert two spratments to 4 efficiency apart-, manta at 311,415 eddy Street in a B•2 xon e. =j . TBETiR t I'm Bob Teeter. I have a building at Eddy Street, 311,315. It consists of two stores, i; a restaurant and Gooman fress„ and sewn ii apartments above. I boughttahis building about four years ago, and it was put up about i eight yeasts op after the building which had been there had been destroyed one night in a i fire. When I bought the building it had theme code violations, and they were built f� into the building; they ware perfectly okay s at the time. What I'm coencesind about are two apartments a mnnbner t%v and a 3 and you have these drawings in front of you. i There arra spiral staircases. M. DART=t I dean It think we haw yawn drawings. o! MR. TUTBRs The two aparrtowrats, one consistsof fowr bed roaw and a kitchen and bath, two bedroom up and two dowse, and if you notice they are t vitem illy nothing but cells, they have no windows and the two upstairs are blooked off• E� This is a oast of artist's window. They we blocked off from any ventilation except for air vents, and actually these rooms shouldn't i be there as they we in the present $tagm, w 'i i -57- and what 1'd like to do is convert them into two apertmesnts, each with one bedroom, me ii livingroas, wbieh mould mom involving taking: out that spiral stafarcasa whish rens very attractive. The stalenets saes to like it. That ins"Wtoars do not at present time at least and tbeerefwr 10 twn oar apartment on the i first floes and anothw apartment oa for second flow, In tba back apartment we haw ' the daw situation wbw+e we haw again the two brdroaes upstairs and a Imp livingroos i dowstairs,► and again the spiral staircase, 'i and taking out the spiral staircase making this an efficiency apartment downstairs, like �I putting in a bath, and upstairs putting in a I, kitchen wbwa the spiral stairease tMld bee, and uskiag Dane of the" bed roa s into a livingroos and the other we could be a bed• �i ,i romp but as it is nom, the way it's set ups, i it over heats in the swesegr and is ex4rrrwly ii difficult to ventilate. In this aportn "t li i' I thence is a fantastic matter of space besides ,i I the fact that the spinal staircase is closed. ' j "MUMS there are four or five students I living in this part apertsentp and three or four living in the back apscownt„ and by I she aging we will be reducing the mobrr of i participants. Tbwe isn't my off street ! pwkingg there never has been. There wasn't any wben the old building was burned down, i C ' I i and when this building was put in, Mika David from whom I bought it, it covwred such a little lot spacer. MR. MARTIN: Code violations referred to are primarily the; ii circular staircase or are there other problemir? MR. TUTYR: The staircase and also the fact that you do not haw any windows which open right Into the bedrooms in the front apartments (� MR. GASTSIM: Are there windows in the back in the bedrooms! MR. TSETXR: Yes, there are windows in the back. If you i E { know where Onamea ftess is, it% that WV fantastic black window which is very ttractLV* put in by oma of the clients. W. wwZl t Sir, you talk about the Building Code, itis we heck of a thing to keep in operatica. f You are Mere strictly for another reeason, sm t4 I not correct? ti tom. MMM: What other rte? !� M. xJl►liYUM: WellYou're tatUns about sta#rc*m whicb to something else. It's not part of this Board=s' a ceipocesibUlty. MR. TUM: Welly I requested a building permit and I was' 'i told I had to come to the Stoning Board to request perml,"Loan to do this. M. PARTIN: But the precise nature of the area variance a that you require is what? That about the proposes now sat of apartments will not complV with the Zoning Ordinance? M. TBE , I a The new apartments will apply. ,I MR. MARTIN: Not as far as parking. The continued absence; of off street parking is the only thing that is s problem under the wing Ordinance* MR. GASUIGRRt Presumably that is being reduced. M. MARTIN: And that problem is being reduced. r MR. BODINZ: The lot size is large enough then? MR. JONES: Yes, the building is already there, no probleo with that. MR. VAN MARTERs We're talking about density then* MR. JONES: This building covers the total lot. M. MARTIN: Right, but the number of unite is increasing.; MR. UETSR But the amount of space is not. It's the same amount of space. Metre not adding on to the building, weare not pushing up now out, W410 're gust rearranging the space. MR. MARTIMa The question is take the number of units and ask what size lot that requires. Do we have an adequate size lot? It's the sim of the lot and the parking. What is the $is* of the inadequacy of the lot under the Ordinance? we're moving from two units to fours increasi�g by two the number of units. HRS, HOLMAN: The lot is completely covered... AR. TBBTRR: Yes, except for a wee piece in the back. I MR. SWIM: There are hoer many &P&rtments in the building; non? M. Tams There "Von spas~toren is and two states* MR. BODIM, Right now? M. =TBR: Yee. . Bt?UM: so weare talking about making a total of nine 1060- apartments, 060»apartments, MR. TEETER: Nine apartments within the space which is occupied presently by seven. ISE. VAN MART « There are seven units at the present time? Mg. TEETER: Yes, plus one restaurant and one state, or two stores, one being used as a restaurant, it's the Blockley Nouse and the other is the Goomatn Press. ' MR. VAN MARTER It's been converted then from when it was originally built. Ift. TEETER: No, it hasn't" ,. VAN MART,ER; I promise you sit*, ,., * Mit. TEETER: well, this is the tray I purchased it. , Ntt. VAN MART ; Right, okay, let's get that in the record, M. MARTIN; When built it had what? . VAN MARTERt Two living units up and down, that's what made the spiral stairs acceptable. It was not a multiple dwelling, and the spiral stair$ occurred within a living unit. MR. TEETER: It's still within a living unit. There are two bedrooms 'upstairs and two bedroms down* - stair,, the kitchen down and the berth up. It's still one living unit, the spiral staircase is the connecting. . . . * MR. VAN MARTER: There are eleven separate tenatnteies for resid e entiaal use in the building. MR. TEETER: Yes y there are swan apartments* MR. GAETEIGM; is it a fourosto ry building? i lit. TEETER: No, itis a three-story building. . GABTZIGER; Then on the first flown theta has to be how -61- many units? MR. TSZTER: On the first floor, on the ground floor, street floor, you have the restaurant and then in the back there is one small one bedroom apartment, and then on the next floorr, you have two apdrtmeuts plus the lowor half Of two apartments, and di�n on the next floor; you have two more a►par tmen is and the upper half of two apartments. MR. GASTSIGSR: In rentals de you Indeed control numbers. It! seems to me that you go to efficiency apart. men is and one bedroom apartment*,tit, that you ,y can have two people in there. . TSSTSR: Well, as it is now, sometimes I have five in that large apartment, and the year I bought it, the gentleman had aria in there. It depen4s an the number of students who want to live together because two of the bedrooms are quite large, and they can be used as double t bedrooms as it's presently set up, but none of the bedrooms in the front apartment have any ventilation, which would menu an open window. In fact, two of them are gust cubicl$s. MR. GASTSIGRR: Do they have mechanical ventilation? M, TEETER: Not the bedrooms, no. The kitchen doss and the bathroom does. MR. RAST K: The bedrooms have no ventilation at all? TEEM: Well, they have ventilation but the ventil&tion comes through this long sliding window with vents built underneath, but you cannot open l Wb a window into the bedrooms. You can in all the other apartments in the building. MR. GASTE : The question is, is theme an open window or not, And you said thence is no ventilation. Ott. TEETER; We'll, ventilation in the sense that you can open a window. MR. MSPRZAKt There is no natural ventilation? MR. TEETER: Right. Mi€. KASMAK: And you say that you have seven units that you've converted to nine? R. TEETER: Yes, that would be converting from presently seven to nine. KAgPR K; Okay, so than you have basically seven tenants in one unit. How many tenants do you have all together right now? MIL. TEETER: I have, let me 60e..on43. MR, USPRZAKa How many Individuals? MR. TEEM; That's what I'm just counting right now, Seven, eight, teff, twelve, thirteen, fourteen� MR. E'ASPRZAKs And with those wine units you have probably more tena n is. s I' MR. TEETER: Not necessarily because these one bedrooms might rent ,dust to one person, because the one bedrooms right now are All . . . lit. KA&PRls Not necessarily, but if possible. .. MR. TESTER: There is a possibility that you might have a couple taking one bedroom, but on the other hand.. . MR. VATS MARTER: I have a question air. The first floor is +63f being converged to two apartments? MR. TEETER: Right. The first flour would be one apartment here in the f'ron t. MR. VAN MAR ER: You're eliminating the two commercial occu- pancies then? M. TEETER: No. They're on the street floor MR. VAN MA►RTER: The second floor as marked is in fact the third. MR. GASTEIG''ER: I think Greg's question is a good one, becaut* as I read this, it looks to me as if you'll be cutting yourself off of rents by going in this direction. Either he wants more per unit, or you'll end up with more occupancies. s will you change the density of this area? NSR. TEETER: W1111 get much more for a one bedroom *part*' aunt than I can for a four bedroom or a three bedroom. MR. BODINE: Do you have any idea bow many sq. ft# the lot on one floor of the building might bei' I think the lot is about 64 X S0. NSR. TEETER: � MR. MRTIN: I assume the original building, the now building, the one that replaced the one burn+a j down, was built under a variance. I a r Mit. TEETER: I don't know sir,, I can't anger that. All I do know, it was a huge brick building which) must have been three or four stories tall. It was bery much like the present Hunter building which is right next door. I lived at East Seneca Street, I lived at 805 when that went up one sight. "6}o M. MARTIN Any further questions from members of they Board? Thank you. Is there anyone else here this evening who would Like to be heard on behalf of the appool? Ma. BARD: I am Bruce Bard and I prepared the plaans that; you have in front of you, or you had In front. of you a few minutes ago. I'd gust like to say that I have accompanied the city inspectors through the building and gone over the whole building with these as to what was needed to make it an improved habitation, and than with those ideas and some of Mr, Tae taer e d s and some that I came up with myself, I put together a set of plains which would mast the city dodo. and also provide a better situation Evac Mr. Tooter who has difficulty sometimes in renting an apartment that requires four compatible persons to live together for year# very often one person will default, flunk out of college or whatever, and that leaven the burden on three other persons. Maybes they can't find another person, maybe they decide they can't pay the rent and leave Mro Tooter in an awkward situation financially. He's got two apartments in that category. The other aNspar tarsen is in the building are very up-to.-date and there's no problem with them, but these two he doses have difficulty keeping them filled with people that are compatible and can make use of an awkward situation. X650 i R. l l' tZli►l : Mr. Beard, I understand that you're Implying s I thick, If Iem aaro�ng� l!m sorry,, that the city is making the request that you convert this apartments or is it the Incostibility of W, Tee teres tenants that makes you convert It? M6. UO We hams some of both. In other words, the city code requires s certain smournt of ;light In each habitable roam, each bedroom, each livf ngroom 46 Now, whoever built this buildins j a originally built it without sufficient light, and what light there is in theare, was kind of an invention. It nee♦ not a practical moans. I There is a large window lb fust high up the front and it is an overhang ower the sideraalk and it is constantly a maintenance problem, I but also because the room that to In the front end of the building is 15 feet, all the heat ,goes up to the top and makes. & heating problem I and the light goes into the bedroom on the ii secondobsnd ,! light. an other aroacds, it goers i through a second sect of windows In order is reach the beftn otos. Now, this is kind of a contrived tray to beat a code In the first place before Mr w Teeter own bought the place.! M. WOlIE ": Did this great the code approval before it was built? t I I MR. Jam: I haft no way of knoeringait was before my time* i Mt. VAN NUTAM I think if you reamed those protections that ' are parallel to the sidewalk you and up with the original we room the way it was designed +86• when it was built new, 1R. BA1tDt That could be, because the construction that is theme now is MR. VAN MAR=: The rose= it was limited to two units we to aerroid all those arevd eents for a multiple dwellitag }E M. "Ut Right. E E MR. VAN MTX R t This me precise and clearly understood in } the beginning. E, j I tit.. UO: W®11, now on the fust Iv al which is marked fiaret floor the>Ire, Ws, the first floor of I this apsrawt, We two cub les there which are barely right *is* for a minimum bodtroom E i according to the codes that are operate under, ;: and the only windows in there are some that f opera to a livingroom, the l viresgtro om has light, and so this it ata undual resable situation and what we are trying to ukke to a better building, a better city, and so by tearing out those cubicles and laying out the rouser H differently so that they do have outside ligh;, they do conform, you can make the rooms 1aN p* i, by the new layout,, and make a situation where ' Mr. Teeter can rent the thing as a single, more advantageously then he can trying to sgoeese all the" students into those ove rained. MR. KA ARt 1 with you didnr t use that word e'sque ssev . MR. BARD: Well, maybe 2 should use another word, but the apartments are kept well, and if you had alt lower number of occupancy as possible, in 4 o0o i other wards youv, got to haveone occupancy; for each bedroom in the present setup. If you change the number of occupancy to four singles, you may have a few doubles, but youxhavell probably ha few singles tQo. Youie actually going to haw a tendency to reduce Yom density and youtonot in a location there where you to so far away from the University that you"re going to be renting to 'i persons who have cars as a gametal rule. i They may cw may not„ but there's a try i to rent them to people who don't haw cars, i and I do the largest share of Mr. Teoter•s ( rmvdeling and maintenance Mork, and I'm i famd.liar even with the students that live in his property. MR. MARTIN= Any further questions from mesh ers of the Board? Thank you. Seeing that there we no others to speak on this cam, that concludes our public hewing for this evening. i �i i !i f �f ij l i II t is BOARD OF ZCMDIG APPSAIJ cnoi d!" tTRAICA JUNE 2, 1975 ago= mom AIM.120. I M. GAsTdUM I MMM to grant the requested Great vstriasc"* . MARTIN: I secoad thatt. ran 91 INN �j 1) The requested variance is limited to veriame from the off street parking require•►' mints of the O rdiumce. The e3dst ng buil has no off street perking, and a proposed conversion Mould seem to have no move serious parking effect dwa the current building. a) The practical difficulty Mbicb makes it impossible to comply with the off stmt pwking requ4s-amts of the Ordinance ws recognised at the time the existing building Was, put up* VOM: W I RD *► # i l f 3: 3� i� 'V li ij t� .f E E E M+ CIRTIFICATION It 09" r t DO CWMThat I Book dw simtes of he Board of his* AppealSs City of Ids In the &WttWO_ of Appeals Hos. 1472# 1476# 1484# 1482# and 1483 an Jwe 2v 19759 at City Hall, City of tdmw t# New York# that x bam tsmamwibsd t *mss and the Paa egaistg is a truer copy of the tc— pt of dw mimtaes of the meting and the Zmamtiv+e SeWon of the Dowd of Sawing Appeals* City of Idmwa, an the abwm tittles and the rdeoU tbersof to the best of my ability. UP twi A&dmtstwatiae 9ecrletary Son to befwa no this day of , 1975. B�rtatry