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Home My WebLink AboutMN-BZA-1974-02-04 f BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, FEBRUARY 49 1974 ---------------------------------------------------------------- 1 At a regular meeting of the Board of Zoning Appeals, City of Ithaca, held in Common Council Chambers, City Hall, Ithaca, New York, on February 49 1974: PRESENT: PETER MARTIN, Chairman C. MURRAY VAN MARTER GREGORY KASPRZAK ELVA HOLMAN 1 JOHN BODINE EDGAR GASTEIGER EDISON JONES, Building Commissioner and Secretary } DARLEEN LISK, Recording Secretary Chairman Martin opens meeting, listing members of Board present. This Board is operating under the provisions of the City Charter of the City of Ithaca and of the provisions of the Zoning Ordi- nances; the Board shall not be bound by strict rules of evidence � in the conduct of this hearing, but the determination shall be founded upon sufficient legal evidence to sustain the same. The Board requests that all participants identify themselves as to name and address; and confine their discussions to the pertinent facts of the case under consideration. Please avoid extraneous material which would have a delaying effect. Commissioner Jones lists what case No. 1035 is to be. APPEAL NO. 1035: The Appeal of Collegetown Cameras & Cards for an exception to the Sign Ordinance under Section 5, Paragraphs B and C. at 316 College Avenue in a B-2 zone. DOM TARALLO: My name is Dom Tarallo of Collegetown Cameras & Cards and my residence is at 103 Brandywine Road, Ithaca, New York. We are asking to replace the wording on the existing sign to what would be appro- priate for our business as what is there now was owned and used by the prior busi- ness. As I understand the Ordinance, a sign is allowed to project only 18" from f � � � r � i � , ., � ,, •i � ., t t � � � � � '� � ., � � .. ,, � � � � .- .� � r ,� ..� �� i t �., ,, 1 e -2- the building and the one we wish to use projects 5' . CHAIRMAN MARTIN: If we did grant the exception but condi- I tioned it to be brought into compliance by 1979 when all others must be also, would you be satisfied? MR. TARALLOs Yes, I would have to say we are asking for the same privilege. MR. VAN MARTER: Can I ask how you arrived at the size for the sign? COMMISSIONER JONES: You take the size of the sign, which in this case is 4' by 5' and get 20 square feet, and I didn't notice until right now that they have down 40 square feet but I would have to say they were figur- ing it as being a double-faced sign; but it should be only the 20 square feet. THE CHAIR: Are there anymore questions by the Board None. Is there anyone to speak in favor of thi Appeal? None. Is there anyone to speak against this Appeal? MIKE CORRELATE: I am Mike Corrente from Cameras' N Thing at 319 College Avenue. I am strongly against allowing this exception to go through. When I went into business wher I am it was just after this new Ordinanc I was passed and I was told what I could have and that all signs must comply by 1979 and did I want to go to all the ex- pense twice well I decided to comply now i s I -3- and my wife made the sign we have to conform with the Ordinance. The people next to us were told the same thing and I my wife also made a sign for them to comply to the rules. I only maintain I if we had to comply so should they have G to; and if the law is going to change for him, it should change for us. EDWARD MIRAJESKYs I am Edward Mirajesky of 108 Juniper Dri e 1 and I do not wish to speak in favor or against this appeal; I only want to enter a letter of disapproval from Carl j Steckler of Collegetown Lafayette Store I j who could not appear tonight. I EXHIBIT #1 - letter from Carl Steckler i of which a copy is attached. SALLY CORRENTE: I am Sally Corrente of 7 Candlewyck Park 1 Ithaca, New York. I am opposed to the I( variance for the following reasons. I ) I I When the July, 1972 sign ordinance was passed, signs erected before that time were given until Augustq �979 to be re- moved or brought into conformity. I have been advised that the purpose of this delay until 1979, is to allow busi- nesses to derive enough beAefit from al- ready existing signs to justify the owneres initial investment in that sign. Mr. Tarallo had nothing to do with the original sign in question, since it was put up years ago by a previous merchant. II ) It also cannot be argued that Mr. Tarallo is just "changing' or "altering" 6 � ^ � � �..j .. �, {�. - -4- an already existing sign, which would have remained there until 1979 anyway. He is, in fact* erecting an entirely new sign. According to the sign ordi- nance, the definition of a "sign" is "any material, symbol, emblem, structure or device or part thereof; composed of lettered or pictorial matter. . . SeveraL weeks after he opened the business, Mr. Tarallo removed the old sign, put up by previous owners. He took down "the structure. . . composed of lettered or pictorial matter. . . " (the definition of "sign" ) and is now attempting to put up a new "structure. . . composed of lettered or pictorial matter. . . " So according to the ordinance' s definition, a new sig is definitely being erected and should conform to the law. III ) There is also little question in my mind that the old sign put up by previous owners would hav( remained there much longer, anyway. The glass in the sign had been broken for over a year and large pieces of glass could easily have fallen and endangered sidewalk traffic. The old sign was a hazard to pedestrians as well as an eyesore, with its large, ugly fixtures projecting upward above the roof and out over the sidewalk. IV) If merchants are going to be given variances to the sign ordinance kbr! the 49kingtatIftere is no purpose in having a sign ordinance in r . r it -5- the first place. Every store owner willil undoubtedly file for a variance since everyone considers his own business "special." EXHIBIT #2 - Petition from Collegetown merchants of which a copy is attached. On the basis of the reasons I have state and the names on the petition I am pre- ' senting, I respectfully submit that this variance not be granted. ! FRED MILLER: I am Fred Miller from 707 North Tioga Street, Ithaca, New York. I wigh to sub Ij mit a letter of approval from Jason H. Fane Associates and a petition of approv� al from some Collegetown merchants. EXHIBITS #3 & 4 submitted respectfully of which copies are attached. ;; THE CHAIR: Are there anymore questions by the Board None. Is there anyone else to speak about this Appeal? None. February u, 197 Z �� 5 To the Board of Zoning Appeals _ I., Carl Steckler, acting as Manager of the Collegetown Lafayette store, go on record as beinE o-pposed to granting a variance to the sign ordinance to Colleretoin Ca:.leras and Cards. I feel that the sign they request t-rould be addin tD the aire,,.dy deteriora- ting a Z,:os-)here in the Celle, ato.,n area and :_ !i y au_;:-)ort any atte-apt to bloc!..- 'U:._.oi or [MY Ot c^.r stores iro': addinC to �.ile cl, .ter of si,--ns in our business districts. C�..�•i �ec:acr Ithaca, i:cw '.fork, Jan,m ry 1274 1 +e, the undersi-ned, are O POSZD to granting a variance to the city sign ordinance for a large, illu:ai.nated, overlian.Ling sign requested by Ithaca Aioto's Collcmtoz,-n Cameras and Cards store at 314-316 Colle-c Avenae. IIa;;:e Addre s s ✓(,( tic fC"r ` r c y C� /CGe�. s /ti Qrr��` Rd ' J z 6 �i/` 6Z-Ya-.Z cl- i n f i Ithaca, ;'cw York Januai-y, 1974 We, the undersigned, are OPPOSZD to granting a variance to the city si-n ordinance for a large, illu:1-Inated, overhanging sign requested by Ithaca i'noto's Collegetom Cameras and Cards store at 314-316 College :venue. I1a,�e jaddress i 17 d I;qt, 2 -Zq L44,, All . 1 7 I I Ithaca, :'o-.r Cor:; Jam"ar,,r, 1274 :7e, the inde-rsi_,-nod, are to granting a variance to the city sign 1 ordinance iar a lame, illi ,.mated, ovcrlianE ing si(;n rcc-uc. tcd L)y 1 1i ea t 1110-u1010 (:ollcgcto,.n Cancras and Cards store at 31)t-316 Collc,;c .'.vciluc. lia c !Address a41YL2 JASON R FAN E ASSOCIATES DYNAMIC MANAGEMENT 21i SHELDON CT. OF EXISTING BUILDINGS ITIiACA, NEW YORK 14850 607 - 2-3-9462 21 January 1974 Mr. Dom Tarallo Collegetown Camera & Cards 316 College Avenue Ithaca, N. Y. Dear Mr. Tarallo: This is to assure you that I support your application to change your sign at 316 College Avenue as set forth in the enclosed notice dated 19 January 1974. You may feel free to insert this letter into the record should you desire or if you feel it will advance your cause. Very truly yours, Ja� n I . Fane January 19, 1074 To Whom it '4ay Concern: We are seeking exception to the sign ordinance at 316 College Ave . for Colle�-etown Camera do Cards . be are not chanvina the shape or size of the existinr si&7n, only the face . The public hearing will be Feb . 4, 1471 in the Com._on Council Chambers 3rd. floor of the City Hall, 108 East Green Street, Ithaca, New York, at 7 :30 P.M. Thank you; Dom Tarallo 2 We the undersigned understand Collegetown Camera and Cards at 316 CollegejAve. wishes to replace the orginal sign on above location with one of like size and illumine= tion, utilsiz{ng the same frame and hanger. It is undersood that at the prescribed ti=ne they too, will comply with city ordinance and remove said sign. DATE NAME ADDRESS 1� VIP ZX n i i P' • 3 if I� 1 f I I Ri EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, I �= FEBRUARY 4, 1974 1 ' APPEAL NO. 1035: MR. KASPRZAKs I move that the exception be denied. j MRS. HOLMAN: I second that. FINDINGS OF FACT: 1) The case as presented constitutes a new sign for a new business, there- fore hen- fore we feel that the Sign Ordinance should be adhered to as adopted by the Council= 2 The applicant has failed to estab- lish e tab-lish that there was any substantial ) hardship involved in complying with the Ordinance. 1 i VOTE: YES - 6 NO - 0 I i i f M i f �I I� f . � I I! i 1 ! (I 9 i i -6- BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW I' ji YORK, FEBRUARY 49 1974 i' ---------------------------------------------------------------- Commissioner Jones lists what case No. 1036 is to be. PP APPEAL NO. 10 6: The Appeal of Kolar Machine for a variance unde i Section 10-D, and an exception under Section I 9-F4a, at 407 Cliff Street in an R-3 zone. ?i LAWRENCE KOLAR: I am Lawrence Kolar of Kolar Machine of 407 Cliff Street, Ithaca, New York. Th variance we are asking for is to expand our business in the residential zone an �I the exception is for parking in front o the building parallel to the curb. The i area along front of the building is presently used for customer parking andl i this is behind the line of the sidewalk. { I don' t really know what I can tell you, Ij I and if you have any questions I would be happy to answer them. MR. KASPRZAK: Which building do you plan to tear down?� I MR. KOLAR: It is an existing house which my father lived in for many years and we want to utilize the existing foundations and cover them back over with a new gall in I the back and steel beams and new concret!! structure to put the new building on. 1 SMR. KASPRZAK: How many employees do you have and how many parking spaces are there? MR. KOLAR: We run right around 22 people and have approximately 11 to 12 parking spaces. MR KASPRZAK: You work basically one shift? IMR. KOLAR: Yes generalljr 8:30 a.m. to 4:30 p.m. CHAIRMAN MARTIN: The recommendation we have from the ii Planning Board is that they suggest approval of the application upon landsca - �1 ing of the back slope, is this in keepin Ji I� ( II � l J —7 with what you had in mind? { MR. KOLAR: Yes, as a matter of fact we have been !� aware of the way it looks for some time i and have wanted to do something but wit I putting fill in there it wouldn' t have done any good; but when the project is i I� completed we will be happy to comply with this restriction. • s MR. BODINE: The area in the front of the office would be for customer parking and so forth as it has been in the past? MR. KOLAR: Yes along with myself many times or the girls who work in the office. i THE CHAIR: Are there any further questions by the Board? i None. Is there anyone to speak in favor of thil Appeal? None. I� Is there anyone to speak against this Appeal? None. I 3� I i) I I I ii �i �i II �I j I ii rI i i� i EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, j FEBRUARY 49 1974 I APPEAL NO. 1036: CHAIRMAN MARTIN: I move we grant the variance subject to j the condition that there be landscaping ) on the slope in back. MR. BODINE: I second that. i FINDINGS OF FACT: I I ! 1) The business, which is a nonconform- ing use, required additional space and more modern facilities which cannot be provided without unneces- sary hardship on this property; I 2) Given the nature of this business, i such an extension of the use would not detrimentally effect the neigh- borhood. � I I VOTE: YES - 6 NO - 0 i ! CHAIRMAN MARTIN: I move that the requested exception for ; parking in the front of the building on Cliff Street be denied. 11MR. KASPRZAK: I second that. I FINDINGS OF FACT: i 1) The applicant has failed to show that the requested parking is necessary; ! 2) The testimony and the plot plan pre- sented showed all the parking required IIby the Zoning Ordinance; it also seems desirable to preserve the space in front of the building necessary for an adequate curb and a safe sidewalk , i ' I i! VOTP: YES - 6 NO - 0 i 1 4 ! i I I' i I l I -8- BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, FEBRUARY 4, 1974 ---------------------------------------------------------------- Commissioner Jones lists what case No. 1037 is to be. i APPEAL NO. 1037: The appeal of First & Adams Inc. for an excep- tion under Section 7, Columns 149 16; Section 9, Sub-section f, at 200 Hancock Street in a B-2 zone. ANGELO PETITO: I am Angelo Petito of 1137 Trumansburg j Road, Ithaca, New York. We are asking for exception to side yard requirements, rear yard requirements ant front yard parking at First and Adams Streets. The A & P have standardized the size of their buildings across the country to i 25,000 square feet. We need to use the existing footings on the Adams and Lake Street sides in order to get the square footage required. The expansion of the building will reduce the parking spaces I� from 143 to 122 but that still meets ! the requirements. MR. KASPRZAK: Do you think it is fair for us a commu- nity to be asked to conform to something I I just because somebo#y or some company j has standardized their size across the country? MR. PETITO: I ddn' t really know how to answer that. I � One of the problems here also is that I i we have a signed lease with the A & P l and to go back to them and try to change it now would be difficult. MR. KASPRZAK: Why didn' t you come to us first instead i i, of going to them first? I MR. PETITO: I can' t an8wer that. i �� j !i CHAIRMAN MARTIN: Can you detail for us what the exact deficiencies are here? MR. PETITO: The side yard required is 5' and we wil have 1' 6" , the rear-,Tyard required is li 20' and we will have 8' , and then of course the front yard parking is a technical thing because our address is on Hancock Street and that is where our 'I parking is. I' THE CHAIR: Are there anymore questions by the Boar None. Is there anyone to speak in favor of thijs ,I I Appeal? ii LOUIS HORVATH: I am Louis Horvath of 318 Lake Avenue, Ithaca, New York and I live directly across from the A & P and the old one never caused any parking on my side of the street at all. I never saw a time I when there wasn' t enough space in the lot. DOMINIC ROSICA: I am Dominic Rosica and I own the Liquor i store directly across the street from ` the A & P store and I have been there I i I' for 50 years and have never seen a probl Dm with the parking, as a matter of fact, I„ I can't remember very many times when the lot was ever completely filled. THE CHAIR: Is there anyone else to speak in favor �I of this Appeal? None. I; I Is there anyone to speak against this i' Appeal? None. i This concludes the public hearing and we I� will now go into executive session. i l ;I EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, jFEBRUARY 4, 1974 j M APPEAL NO. 1037: MR. KASPRZAK: I move that the exceptions be granted I subject to the condition that there be no deliveries on the Adams Street side. j MR. VAN MARTER: I second that. FINDINGS OF FACT: i 1) In order to rebuild the store des- i troyed by fire it is necessary that it be somewhat expanded in size which cannot be reasonably accom- plished on the property without the j� requested exceptions; 2) There is adequate provision for j� parking in the proposed plan. VOTE: YES-6 NO-0 i I , I I i i it i ij . i j �i l � i� I i I C E R T I F I C A T I O N i I DARLEEN F. LISK, DO CERTIFY that I took the minutes of the Board of Zoning Appeals, City of Ithaca: in the matters of Atoealsi No. 1035, 1036, and 1037 on February 4, 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 i 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. / !; Darleen F. Lisk Stenographer i' i Sworn to before me this i ' L qday of 19 i' t,b, sus i 20WR►uG.ic, `lock tuoy OUAdw M T Exvw«1Ardk 30,0 7G �Coknmission f � 'I I it I I i I I �f Mr. Jones opened the meeting and asked that the first order of business be that a Chairman be elected for the year 1974. I I I; i' MR. KASPRZAK: I move that Peter Martin be elected Chairmani . I� MR. BODINE: I second that. '!. MRS. HOLMAN: I move the nominations be closed. �j The secretary was instructed to cast one vote for unanimous ap- proval of the nomination of Peter Martin. il. I I i; ii I I i I I w I� ii ii Ij I ,1 I l( I II I.' �j I i i I i I I ii II (� I i! I� �f