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HomeMy WebLinkAboutMN-BZA-1975-04-07 B04RD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA NEW YORK, APRIL 7, 1975 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 7, 1975; PRESENT: PETER MARTIN, CHAIRMAN GREGORY KASPRZAK JOHN BODINE ELVA HOLMAN C. MURRAY VAN MARTER EDGAR GASTEIGER EDISON JONES, Building Commissioner Zoning Officer CHRIS SMITH, Recording Secretary Chairman Martin opened the meeting and listed members of the 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 Ordinances; the Board shall not be bound by strict rules of evidence in the conduct of this hearing, but the deter- mination 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 listed what case No. 1074 is to be. APPEAL NO. 1074: Appeal of Beatrice Dennis and William Freund for use variance under Section 30.25, Col. 2 at 1025 N. Tioga Street in a R-3 district. MRS. DENNIS: My name is Beatrice Dennis and I live at 1025 N. Tioga Street. I'm here tonight asking for use variance for a continuation of the business of Dial-a-letter at this address which was established as a Home Occupation 21/2 years ago by my daughter'. -2- MR. MARTIN: There was a prior variance for a wig shop which was conducted by Mrs. Andy Andrews. MRS. DENNIS: My daughter has since left the area and sold the • business to one of the employees who worked for her, and he would like to continue operating at this address. MR. BODINE: Has this property always been a commercial business? MRS. DENNIS: This has always been a business location since we owned the building. It was originally built as a hotel and my husband and I operated a grocery store from 1939 until 1950. Then it was used for a number of years after we closed the store as a laundromat operated by Mr. Nelson. When the laundromat close it was vacant until the variance was granted for the wig shop. When the wig shop closed up my daughter started the Dial-a-letter business. MR. GASTEIGER: Why couldn't you use it as a residence? MRS. DENNIS: It would be too costly to convert it into another unit and it would be more room than what is needed for the tenant on the first floor. MR. KASPRZAK: What about parking problems? MRS. DENNIS: No problem with parking as most of the business is done over the telephone or by personal contact to their customers. MR. KASPRZAK: Are there any employees? MRS. DENNIS: No one except the owner. MR. KASPRZAK: Does he operate after business hours? MRS. DENNIS: No, he most generally is gone by 4:00 or 4:30. MR. GASTEIGER: I just want to add that every time a business changes in this paticular zone, they need to apply for a new variance. Now, how many dwelling units are there? MRS. DENNIS: I live on the second floor and a tenant lives on the first floor in the rear. MR. MARTIN: Is there anyone who would like to speak on this case? Anyone in opposition? If not then this hearing is closed. EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA APRIL 7, 1975 APPEAL NO. 1074• MR. MARTIN: I move that the variance be granted. MR. KASPRZAK: I second that. Findings of Fact 1) According to the evidence presented, it would be considerable hardship to conver the space originally designed for commercial use to a use permitted in a R-3 zone. 2) The space in question could not be converted to another residential unit without violating the density require- ments of the Zoning Ordinance. 3) The pr-oposed use has not seriously disturbed the neighborhood and has less serious impact than some of the previous commercial activities in the building. VOTE: YES - 6 NO - 0 C E R T I F I C A T I O N I CHRISTINE A. SMITH, DO CERTIFY that I took the minutes of the Board of Zoning Appeals, City of Ithaca, in the matters of Appeal No. 1074 on April 7, 1975 at City Hall, City of Ithaca, New York; that I have transcribed the same and the foregoing is a true copy of the transcript of the minutes of the meeting and the executive session of the Board of Zoning Appeals, City of Ithaca on the above date, and the whole thereof, to the best of my abilit . Christine A. Smith Stenographer Sworn to before me this day of 19_