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HomeMy WebLinkAboutMN-BZA-1974-04-01 i BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NE-01 YORK, APRIL 1, 1974 ------------------------------------------------------------------- At a regular meeting of the Board of Zoning Appeals, City of Ithaca, held in Common Council Chambers, City Hall, Ithaca, New York, on April 1, 1974: PRESENT: PETER MARTIN: Chairman C. MURRAY VAN MART OR GREGORY KASPRZAK ELVA HOLMAN EDGAR GASTEIGER `]DISON JUNES, Building Commissioner & Secretary DARLEEN LISK, Recording Secretary ABSENT: JOHN BODING: Chairman Martin opens meeting, listing members of Board Pres- ent. This Board is operating under the provisions of the City Charter of the City of Ithaca and of the provisions of the Zoning Ordinances; the Board shall not be bound by strict rules of evi- dence 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 ilmaterial which would have a delaying effect. I should announce 1that one of the members of the Board is absent this evening, the grant of either a variance or an exception requires a vote of four members of the Board and so if anybody who has an appeal here tonight would like to defer the appeal until the next meeting of i the Board when hopefully you would have the full Board and not just five of its members, you are free to do so. Commissioner Jones lists what case No. 1042 is to be. APPEAL NO. 1042: The Appeal of 4inthrop and Andrea retherbee for an exception under Section 7, Column 13, at 402 Chestnut Street in an R-1 zone. [dINTHROP WETHERBEE: My name is Winthrop Vetherbee and I live at 402 Chestnut Street on west hill in Ithaca. We have a garage on our property i I I ! -Z- it' s a two-story building and the secon floor is a large unfinished room; what we would like to do is to make a studio ` apartment out of this, we have got somel plans, we know what we want to do, and the reason why we are applying for an exception to the Zoning Ordinance is because the building is to close to the property line of our neighbor, it is about five feet away and I believe the Zoning Ordinance requires ten feet. `rhe have talked with the neighbor and he Ins written me a letter spelling out the conditions on which he would be willing to let us put up this building, I have written him a letter back agreeing to i those conditions and that' s our appeal. THE CHAIR: Are there any questions by the Board? KASPRZAK: How close is the adjacent property to your property? WETHERBEE: The building in question is about five feet from the line and it' s an old garage but if you mean how close is the neighbors structure, well between the property line and the neighbors house it is about 35' so there is a great deal of open space. . KASPRZAK: Your front and rear yards I presume are fairly reasonable and there is no proble with them. WETHERBLE: That' s correct and as we have set up thele I apartment the access to it would be by way of the center of cur property rather than the side that abuts on the line, f I -3- that was the condition of our neighbors willingness to go along with this. THE CHAIR: Reads letter from neighbor, Robert 0. Dingman and response from Mr. Wetherbee, copies of the same are attached herewith. MR. GASTEIGER: How long have you lived there? Imo. WETHMBEE: 6 years. MR. GASTEIGER: The changing of this door doesn' t mean L any stairway on the outside of the building? MR. WETHERBEE: There is a very small wooden porch, now we live on the side of a hill and the back of the garage is closer to the ground than the front side, there is a little tiny wooden porch out there now which we are going to knock down and remove along with the door and we are going tomove over to the south side, keep the door close enough to the end so that there won' t be any elaborate stair- way necessary, we can build a kind of stairway right into the foundation when we rebuild the foundation wall, in any case that will be in the center of our property. W. GASTEIGER: But you will have to build some kind of landing at or just above the foundation level? WETHERBEE: That' s right. GASTEIGER: Is that a one step down onto that landing? VETHERBEE: It might be more than that, it depends just exactly where we drop down, we are going to try to have a porch large enough 203 Hook Place Ithaca, New York March 26, 1974 Mr. Winthrop Wetherbee 402 Chestnut Street Ithaca, New York Dear Pete: Mrs. Dingman and I would have no objection to conversion of the upper floor of your garage into an apartment, so long as it meets these criteria: 1. It does not materially expand the present size of the building. 2. It does not have a door opening on the vest side toward our property. 3. The land between our property and your building is landscaped or planted to grass. 4. You provide sufficient on-site parking so that the occupancy will not result in the regular garaging of a car on Hook Place or Chestnut Street. 5. Other than lot line clearance, the occupancy meets all other requirements for the zone. We have discussed all of these conditions with you, and it is my understanding that they will not cause you any hardship in the proposal alteration of your garage. I recite them here only as a protection for Any future owners of either property. Sincerely, " Robert 0. Dingman Copy to Board of Zoning Appeals 2 Edison Jones, Bldg. Commissioner 28 .'.arch,, 1974 , r, Robert n. rin7nnn 203 .00k .1-►ce Ithaca, N.Y. 14850 Dear Bobo T'nanks very much for your letter of : arch 26th. I'mn grateful tn you for F-inetlin-, out )r=cisely the conditions on which our nroject world be acce-ntsble to you, nn s I are abl to n -cure you that =e trill satisfy thesc cone itior.s. 1. `i'hc size of the ruildin- will regain -lust th-c sex E, Tt c only external Ater-itions Trill be t're relocntinn o-0 Onor ^nd vintfo!rre n.-,C the rc.--uiln'.n,- of t,,e sout1i ar:' west foundation unl1a. 2. Thr- woor will rc re:moved -from tr:e *.Teat side of the 1-uildin- and relocated on the ^rut%, side, 3. '.e will ensure tI nt on co.-'^l, tion o ` 81.1 or, t?-:e nren t:ett•.ce►: the r-eet ti:-'ll o-, V c Lulld ln._ nnc your °,roperty Is cleaned un rnd , !•;here neces^ar`y, renlnnted. 4. Tho one-�.ovr . r,r!,f,e i„ cent to tt�e V,,n--tor., masere w _ice- will contain thr, a.^rt~gent will be •'nr the a^c o i tenants of Vic ^nnr t-ent. In t,hc event treat to:o tri 1,-its, --ch i.:-.t':1 ?pis/Y)er oi;,, c^r, r, n•,lv rent t17(. .,ncrt ent, Line tem ,,.ara<es •`_��'� t. Ur Cc.. ('r1v,. tt ' . fij^e"1 t­oul,17 still r')l.).o-. 1-r 01 t':e U 101;0tructc..:I _,,, ':-i' .' os nue c:,ir r-o6 U %iCi [.'C' ; „lld ?-E it els it to tc-:a:,ta t L`-ea u,-re rc re 11 no tc ?^r: on the street. 5. I }'''?vc Z''cr-- (?--lured I., r. r icnn Jones, Tt, 0, Buil%)in - Co . 7}'!�-sinrcr, zrnt ^su -.ir; n, 1 ,nwe X1.7. nonins7 r, ^u Ire. `,,eta ^vc- t'- .-t ].o t-'_1.-,c CAL - ,ce, on ,�i�i.e'�, ,s you '::no*,..:, ve :?rc a ,--fir:-^1 1 n' -`or -in n ' u':iYt c(,l74rn_' In ^U1' lt`r-Z', i`� ?}� l tI"� zTi l.•..�- "o c t,_ res `Li+,llr^ OT.']�icY'!” O `. i't�t ^.`_ '�' 1'`.,iC '. ' �' , i�. �te`Ul t ) ";'`U ' or 11'-1vIn to u;lc o C')1 nrrc i-cly. Y^urs trc)l.r, rbc° -4- so 4-so that people could put a barbecue out there or something like that if they wanted to; it might be 3, 4 , or 5 steps but no more than that. MR. VAN MARTER: Any question about the size of the unit? MR. WETHERBEE: We have gone through that with Mr. Jones, I believe the interior dimensions of the garage are about 171 by 2C1 and there is enough height. MR. JONES: It will be a legal dwelling unit. CHAIRMAN MARTIN: I take it you would have no objections to any of those conditions being put into the exception, that is to have them be conditions? MR. WETHERBEE: Not at all. NIRS. HOLMAN: lould you review again for us the parkin situation? MR. WETHERBEE: The two-story garage has a steep roof and right built onto it just a flat roof and a wall is a small one-car garage. A garage right underneath the apartment and right next to it another garage separated by a wall but they are two separate things and that is a pretty good sized parking area, large enough so it is possible actually to parktwo I u or three c&rs right up at the edge of it and still. ':je able to have access in and out of the two garage units. THE CHAIR: any other questions by the Board? None. Are there any other people who wish to ` speak on this case first in favor of? None. Any wishing to speak against? ` None. i XFCUTIV2 SESSION, BOARD OF ZONING SPP-.ALS, CITY OF ITHACA, APRIL 1, 1974 APPEAL NO. 1042: NR. MARTIN: I move the decision of this case be deferred because it is the Boards' view that in an R-1 zone the kind of use proposed could not be accomplished with- out an exception because as the Board reads permitted uses in an R-1 zone the smaller additional dwelling unit permit- ted must be within the same structure. The Board requests that the secretary submit this question to the City Attorney for his advice prior to our next meeting. MR. KASPRZAK: I second that. VOTE: YES -5 No - 0 0 I -5- BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, APRIL 1, 1974 ------------------------------------------------------------------- Commissioner Jones lists what case No. 1043 is to be. APPEAL NO. 1043: The Appeal of Ignacio Serrano for an exception under Section 7, Columns 7 & 8, at 207 Williams Street in an R-3 zone. ROBERT STOLP: My name is Robert Stolp and I'm the attorney for Ignacio Serrano who is ti.. seeking an exception to the Zoning Ordinance, Section 7, Column 7 for the property he owns at 207 Williams Street. I sent out the authorizations to the people that own property within 200' of Mr. Serrano and I got a 50% response on them all in favor except for Cornell University where I think it is mandated for the Board of Trustees to approve anything. I sort of have a sad tale to tell you, Mr. Serrano in 1971 hired De Furman to put a third apartment in his building at 207 Williams Street. De finished the apartment in the building and then out in back proceeded to put in an apartment out there and Mr. Serrano wasn't aware of the fact that he was in violation of any Zoning Ordi- nance and I don' t think he even thought i u he needed a building permit which was up to the contractor to get. The first time that Mr. Serrano had any indication that he was in violation of any Zoning Ordinance was when he applied for a mortgage because he didn' t have sufficie t funds to finish the garage out in back. i -6- CHAIRMAN MARTIN: The apartment in question is in the garage out in back? MR. STOLP: No the apartment is in the house. So he got an exception to put apartments in the garage out in back only because the bank told him he couldn't have the mortgage unless he got the exception. Both places were finished, he had the exception on the garage, recently Mr. Serrano was contemplating selling the building and he requested the Building Commissioner to inspect and that was the first time that he was aware of the fact that he was in violation of the i Zoning Ordinance and this place had been used for two years. Mr. Serrano is from South America, he doesn't speak English; when he knew he was in violation of the Zoning Ordinance he took immediate steps to get an exception to correct.-,,the i situation as he did the garage out in back he just wasn't aware of the fact that he needed an exception for the third apartment in the building; At this time I would like to offer into evidence the letters of authorization I received from 14 of the 28 property owners within 200' of Mr. Serranos prop- erty. Enter exhibits 3 through 17, a copy of the same is filed in the official Zoning Board files. There have been no structural changes whatsoever in the building, inside they -7- relocated apartments but there has been no outside change at all. I would like to offer into evidence also pictures of the building. Enter exhibits 1 through 4, a copy of the same is filed in the official Zoning Board files. MR. STOLP: Mr. Serrano in 1971 I think it was in January that construction started on the two buildings? MR. SERRANO: Yes. MR. STOLP: At that time did you hire Mr. Furman to do the construction on both the apart- ment and the barn? MR. SERRANO: Yes. MR. STOLP: You assumed, I suppose, that Mr. Furman would get the building permit to do the construction? MR. SERRANO: Yes. IMR. STOLP: Mr. Furman said he would? MR. SERRANO: Yes. W. MARTIAL: When was the exception requested and obtained for the apartments in the barn? STOLP: I believe it was before construction ever started. MARTIN: Did Furman apply for and get those? STOLP: Yes he did. What happened was that Mr. Serrano had the necessary funds to start the apartment in the house, this is where we don' t have the exception that we are I asking for tonight, and hepaid Mr. Furman, Mr. Furman never bothered to get a building permit never bothered to tell Mr. Serrano that he might be in violatioii of any Zoning Ordinance which probably wasn' t Mr. Furmans responsibility but still being a contractor and dealing with somebody that hardly speaks English I can't see why he didn't bring it to his attention. When Mr. Serrano went to complete the barn which he did get a exception for he went to the bank and applied for a mortgate because he didn' have the necessary funds to carry on the+ construction. The bank told him that hei needed an exception and as soon as he found out he did he hired an attorney, I wasn't the attorney, and the attorney presented his case to the Board of Zoning Appeals and an exception was granted. But the attorney wasn't aware of the fact that an apartment had already been built in the house without an exception which was in violation of the Zoning Ordinance. Mr. Serrano I show you exhibit 4, 3, 29 and 1, do those fairly accurately re- present the building at 207 Williams Street, and does that fairly accurately represent the apartment that you put in there which you are now asking an exception for? 1AR. SERRANO: Yes. STOLP: I point out again there were no structural changes outside the house, nothing was added on. MARTIN: What size , deficiency are we talking j about? -9- MR. STOLP. Mr. Serranos lot is 3,300 square feet and I think the old Zoning Ordinance required anywhere from 1,500 to 2,500 per unit; If I am correct, and I think f the new one requires 1,000 square feet I per unit, or am I way off there I very well could be. MR. JONES: The existing Zoning regulations require that there be 2,500 square feet per dwelling unit so this building requires 7,500 feet of land, he has about 3,200 feet of land. The present Zoning calls I for 50' front yard on the street and there is only 32' there. MR. MARTIN: What was the nature of the exception granted for the renovation of the barn? MR. STOLP: He needed more parking, that' s what it was according to the May 4, 1971 Ithaca Journal. , MR. JONES: As I recall that case there, the locatio I ( of the barn or garage was for side yard requirements and off-street parking. MR. MARTIN: In totaling up the deficiency you are not counting the units in the barn? MR. STOLP: No. MR. SERRANO: These are two separate properties, the barn is behind 209 Williams Street and the property in question now is 207 Williams Street. STOLP: Our problem is that we have an apartment that we spent $14,000 on not knowing we were in violation of any Zoning Ordi- nance and now we are asking you to let us use the apartment. I i -10- NIR. VAN MARTER: The total number of units in the main building as it now exist is a total of three? Mfg. STOLP: That' s correct. MR. VAN MARTER: The barn is not on this property? MR. STOLP: Evidently not, I wasn't aware of that until just now. MR. KASPRZAK: What is the parking situation at 207 Williams Street? MR. STOLP. It' s terrible, there is hardly any � parking at all but first of all people that rent apartments like this rent the because they are so close to Cornell the people that rent these apartments don't have cars to begin with. Second of all we are within 500 feet of public municipal parking on Dryden Road. ` MR. MARTIN: Can you tellme about the relationship with the contractor, was it the contrac- tors obligation to clear up the zoning problem? MR. STOLP: No I don' t believe it was, under these circumstances it may have been. De Furman has been a contractor in Ithaca for a number of years, he is dealing with someone from outside the country who doesn't speak English he has no idea what' s going on, he calls the contractor and he tells the contractor do such and such to the apartment. De Furman came in and he put the apartment in, he didn' t even bother to get a building permit because he couldn' t get a building permit because he would be I � -1.1- in violation of the Zoning Ordinance. NIR. MARTIN: Can you tell us what might have been I said in favor of this had it been re- quested back before the work was done? MR. STOLP: The building was there and there was unused space in it, there is a need for housing up there. MR. MARTIN: But what distinguishes this property m any of the other properties on this street? NSR. STOLP: I don' t know about the other properties but I doubt very much whether all of them comply with the Zoning Ordinance, I imagine there must be other exceptions up there. It' s not that we are taking a house in Cayuga Heights and putting four apartments in it and putting students in it, it' s generally an apartment house area. There are very few private homes up there and the people that did write back to me were all in favor. All I can say is that Mr. Seranno whenever made aware of any zoning violation has always taken immediate steps to correct it, the barn is a perfect example, when he was aware of the fact that the thing should not be done, he came down here with his attorneyind made an attempt to get an exception which you grarted at that time; had he known before had, I'm sere he wouldn' t have spent $14,000 to put the apartment in. ,AR. MARTIN: Does Mr. Serann'o own other properties? i -12- MR. SERRANO: Just one other property than the ones mentioned and that' s on Stewart Avenue. MR, GASTEIGER: Has he made modifications in those properties? MR. SERRANO: Only when we did this apartment and changed the barn. MR. GASTEIGER: I would like to hear discussed the ques- tion of parking and fire protection? MR. STOLP: If I may, we have an exception on the back property and I don' t believe there is any problem with emergency vehicles reaching the units which we are now asking the exception for. I really don' know what arguement I can make, all I can say is there are a number of streets up in that area that if someone happened to park their car there at a particular I time when there was a fire there would be a problem. MR. KASPRZAK: How many people live in the house? MR SERRANO: Eight. MR: KASPRZAK: How many people own cars? MR. SERRANO: Not one. MR. GASTIGER: Is there back access to the property? MR. SERRANO: No. JASON FAN E: My name is Jason Faneand I live in the Dewitt Park Apartments on Cayuga Street and I also own property at 211-213 Williams Street, on Eddy Street adjoin- ing it and several buildings in the immediate neighborhood and roughly speaking on all sides of the subject property and I have been engaged full I -13- time in operating rental property substantially in that area for the last six years. I mention this by way of establishing that I have got some basis for having opinion about some of the factual conditions in the neigh- borhood. One of the questions that has been raised by the Board deals with the L parking in the area. It' s an area of surplus parking and I' ll show you the evidence for this you've got some *ajor parking lots in the area, you have got the city lot which has been referred to on Dryden Road which is rarely full, adjoining that is the Sheldon Court lot which is occassionally fullbit I'm told by the manager he is unable to rent out all of his spaces, there is another parking lot of about 50 spaces about a half block away from this property on the other side of it at the bottom of ailliams Street at Stewart Avenue which fI've never seen full, about 50 feet away from this building I've got a park- ing ing lot with about 14 spaces and I have been unable to rent out more than 5, I, myself, operate about 5 or 6 other lots lets say within a two block radius of this property and I have never been able to rent out all of the spaces even at rents as low as $3 a month which I ( feel is low enough that if somebody want d a space they'd certainly want to pay $3 -14- a month, that' s only two overnight parking tickets in the course of a month and everybody else I know who has tried to rent out parking space in this area has been unable to do so. Not only are we unable to rent it out but even if you say to somebody well this builling we are not even going to u rent out the space, the lots aren' t full. So I think that this is an area where a shortage of parking especially overnight just does not exist. Now the next question that you have raised here is a question of the density of this gentlemans property and how does it compare with the density of other pro- perties in the area. Unlike Mr. Jones I don' t have access to all of the build- ings in the area so you' ll have to go along with me that the ones that I have seen have been fairly representative: I've seen buildings that somebody has said I want to show you my beautiful building, I want to sell you my building or whatever, and I would say therefore I have probably only been inside maybe thirty or forty per cent of the building lets say within a 500 foot radius of this property. Now the 211 building which is a lot approximately the same size and has got five units. At the bottom of the street Mr. Parks has a building which has only slightly larger Ii � _15- lot and it' s got six units, at the intersection of Highland Place and Williams Street there is a building on a lot of approximately the same size that' s got six units. Many other buildings in the area of approximately the same size have five, six, seven and eight uni .s, so I think that if you were to do a comparative unit density survey you would find that Mr. 5erannos property, even with the additional unit, actually has a lower unit per square foot of land density than the average property by any reasonaLle measure of what is going on in the neighborhood. In fact the Common Council has recog- nized the need for additional density in the area because in the new Zoning Ordinance which I understand has been passed but has not yet taken effect because it hasn't been published in the paper they have changed the law to allow that, this is starting at about 75 to 1.00 feet from Mr. Serranos property in the B-2 zone, to allow six-stories of buildinc height as compared with the u present law allowing four. Now whether anybody will chmse to build a building six stories or add additional floors to the buildings they have only time will tell but the fact that the Council passe this change in the Zoning Ordinance, and I consider this a very significant chang , -16- means that they recognize the need for additional rental property in this area. I think the direction that Mr. Serrano is going in is really in the direction that Council is trying to permit and to encourage at this time. Now you will note here that the people that are speaking nut are all competitors of his and technically if you have got competi- ors the competitors say well we don' t want him to have that apartment, we are worried he' s going to steel our customers. Well the fact of the matter is none of us are worried about it. Now let talk about the nature of the unit that Mr. Serrano installed, because of the nature of the Zoning Ordinance we have had and continue to have in the Collegetown and East Hill area and this includes the new Zoning Ordinance as well there tends to be a shortage of units although I don' t think there is a shortage of square footage or bedrooms because if you can only have two units and you have got a large building you put in a ten-bedroom apartment, a twelve and a thirteen or whatever it comes out to use the available space and consequently you have a shortage of these small apartments, a young married couple has great difficulty findings small apartments: If you take the same space in a building and you've got one large apartment and the same -17- square footage you typically have more persons living in the building than if you took that one room you said well this room is going to be a kitchen so nobodys going to soeepthere perhaps you have a hithroom that makes more space nobody can live in; the point that I'm making is that when you have more �.s apartments in a building you have more units but you typically have fewer bodies to in the building and so,4the extent that you are concerned about reducing densitYl in the area I think that you should ap- plaud what Mr. Serrano has done and so therefore I enthusiastically support the request of Mr. Serrano and I hope that you will approve it. MR. GASTEIGER: '.'lould Mr. Fane comment on fire Protection? MR. FANS: We have in the Collegetown area a new fire house on College Avenue which is one to two minutes drive away- and you are probably three or four minutes from the downtown fire station, so what I'm saying is that Ithaca does have an excellent fire department that are responsible and they do put the fires out. It has been my observation that most of the fires have been in buildings with restaurants or bars and those which have not have substantially been arsen fires and I think the way to protect yourself against arsen fires is give a psychiatric interview to everybody i I i -18- entering the city line or at least to your tenants. Mr. Serranos apartment 1 is in the basement, it would seem to me that any person living in the base- ment could bet out they wouldn' t need a fire escape, I don' t think there is any fear of the stone foundation walls -,Vnich we ,,ee in that picture there u burning. ORSON LEDGER: My name is Orson Ledger and I reside at 209 First Street in the city and I too am a landlord here and the reason why they didn' t get as many replies percentage wise is that I own four of the buildings and only returned one letter so the percentage of letters coming in was a little bit greater than it may have appeared. I own two buildings directly across the street from Mr. Serranos, one down the strat and one just around the corner on Highland Place and according to Cornell they're trying to spend I believe fourteen million dollars or some - thing like that trying to build more housing for students so to me this is a step in the right direction and as u Jason pointed out density in that area is quite excessive, on my buildings up there if they were to be redone today in their present state I taould be in the same situation as Yx. Serrano. Parking I believe there are more than 50 spaces on Iilliams Street and Stewart Avenue C i -19- and the lot is not anywhere near full and the density parking situation is crucial durin , the day but these people do not want to rent a parking space, they try to park where they can but for the tenants it doesn' t pose much of a situation because most of them don' t have cars. I believe out of all the u tenants I have got in the four buildings I think I've got three cars and this represents 12 or 14 apartments so parking reall;r isn' t a situation here. As far as the fire trucks getting up and down the hill if there is a car parked there is still room for a fire truck to go by even if there is a car parked illegally on 'Villiams Street. Mr. Serrano tries very hard to keep his properties up I think he does a good ob, I think he' s a good landlord, I Lear many students praise Mr. Serrano as being a landlord and I would like to see his exception approved. FRED ROLF-: I am Fred Tolle and I reside at 358 Bostwick Road and I own the house across from :Jilliams Street ,,rhich is 125 High- land ?lace and I can' t do much more than second and third what Orson and ,ason have said. As far as parking does, usually students ask you about parking and are quite specific that there is no parking available except in the lots, they're concerned about thi -20- and once again the students that are living in that area are living there I because they're walking to campus. As far as the fires, I had my first fire this past Ok.;tober and we had a truck in there on Highland place which comes off of Alliams, that' s the one-way street, ILL a matter of maybe a minute and a halfwith no problems whatsoever I �I we had no problem with the trucks in there. On the density issue again I j took over a house that was a rooming 1 house and was owned by a lady that had been there roughly 4:0 years and i she had upwards of 18 or 19 people living ir: that house and always had so once again 8 people in a house that size is really nothing. So I really have nothing to add except that I have nothing whatsoever against this. THE- CHAIR: Is there anyone else wishing to speak on this case, first of all speaking for p 9 the appeal? f� None. Is there anyone who wishes io speak against this appeal? None. That -,,jill ;onclude our public hearing then and we will now go into executive session. I IE;ECUTIVL SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, APRIL 1, 1974 e APPEAL NO. 1043: W. KASPRZAK: I make a motion we deny this exception. MR. MARTIN: I second that. FINDINGS OF FACT: 1) The burdens experienced by the applicant, however unfortunate, appear to have been self imposed; there is no whowing of difficulties , or special conditions peculiar to to this property which would have justified granting the exception before the unit was added and there- fore the Board considers inappropriate to grant the exception now. In short, we do not find the require- ments of the Ordinance for an excep- tion have been met. f VOTE: YES - b NO - 0 i I i C E R T I F I C A T I 0 N I DARLEEN F. LISK, DO CTRTIFY that I took the minutes of the Zoning Board of Appeals, City of Ithaca, in the matters of Appeals NO. 1042, and 1043 on April 1, 1974 �:t City Hall, City of Ithaca, New York; that I have transcribed the same and the foregoing is a true copy of the transcript of the minutes of the meeting and the executive session of the Board of Zoning Appeals, City of Ithaca, on the abovechte, and the whole thereof, to the best of my ability. ar een F. Usk :senior S-_-enographer Sworn to before me this ay 1 of 19 T c.cwt t - Nis NaEawiWo �a SNR V W To""co.Mr Enos deli 3k N X I