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HomeMy WebLinkAboutMN-BZA-1985-06-03 BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS CITY OF ITHACA NEW YORK JUNE 3, 1985 TABLE OF CONTENTS Page APPEAL NO. 1492 JFJ Enterprises (no one showed) 3 920 North Cayuga Street APPEAL NO. 1621 Mark Waldo Haag 4 520 East Buffalo Street " If Discussion 17 Decision 21 If " More Discussion 22 APPEAL NO. 1623 Peter Romano 25 554 Spencer Road If " Decision 27 APPEAL NO. 1624 Ping Lei Wang 28 708 East Seneca Street " Discussion 35 " " Decision 37 APPEAL NO. 1625 Richard Salerno & David Gersh 38 404-4041 North Cayuga Street (Held over) APPEAL NO. 1626 The Ithaca Journal 38 123 West State Street If 11 Discussion 47 " If Decision 50 APPEAL NO. 1627 Tom F. & Clotilde E. Peters 52 610 North Aurora Street " No. 1627A Decision 62 No. 1627B Discussion 63 " No. 1627B Decision 64 BOARD OF ZONING APPEALS JUNE 3, 1985 TABLE OF CONTENTS CONTINUED APPEAL NO. 1628 Ronald F. Ceurvels 65 302-04 West Seneca Street " Decision 76 " Discussion 77 APPEAL NO. 1629 Arthur M. Lustgarten 83 410 West Green Street " Discussion 89 " Decision 94 APPEAL NO. 1630 J . V. Buyoucos 95 316 North Geneva Street " Decision 101 CERTIFICATION OF RECORDING SECRETARY 103 BZA MINUTES 6/3/85 PACE*' 1 BOARD OF ZONING APPEALS . COMMON COUNCIL CHAMBERS CITY OF ITHACA NEN YORK ` JUNE 3, 1985 ' CHAIRMAN TOMLAN*' Good evening. I would like to call to order the ' June 3, 1985 meeting of the City of Ithaca Board of Zoning Appeals^ The Board operates under the provisions of the Ithaca ' City Charter and the Ithaca Zoning Ordinance, the Ithaca Sign � \ Ordinance, and the Board ' s own Roles and Regulations* Members of ' | \ the Board who are present tonight*. MR* CHARLES WEAVER . MR^ RICHARD BOOTH MS, TRACY FARRELL ' MR* STENART SCHWAB . MS, HELEN JOHNSON MR* MICHAEL TOMLAN, CHAIRMAN ' MR. THOMAS D. HOARD, SECRETARY TO THE ' BOARD 8 BUILDING COMMISSIONER ` MS* BARBARA RUANE, RECORDING SECRETARY / . The Board will hear each case in the order listed in the Agendom^ | � First we will hear from the appellant, and ask that he or she ' / \ present the arguments for the case as succinctly as possible, and | ' then be available to answer questions from the Board, We will i then hear from those interested parties who are in support of the application, followed by those who are opposed to the applica- tion^ I should note here that the Board considers " interested parties" to be persons who own property within 200 feet of the property in question, or who live or work within 200 feet of the property . Thos the Board will not hear testimony from persons who do not meet the definition of an interested party , While we ' do not adhere to strict roles of evidence we do consider this a BZA MINUTES 6/3/85 PACE� 2 quasi-judicial proceeding and we base our decisions on the re- cord^ The record consists of the application materials filed with the Building Department, correspondence relating to the cases as received by the Building Department, the Planning and Development Board ' s findings and recommendations ( if any) , and the record of tonight ' s hearin8^ Since a record is being made of this hearing, it is essential that anyone who wants to be heard come forward and speak directly into the microphones so that the comments can be picked op by the tape recorder and heard by everyone in the room^ Extraneous comments from the audience will not be recorded, and will therefore not be considered by the Board in its deliberations on the case , We ask that everyone limit their comments to the zoning issues of the case, and not comment on aspects that are beyond the jurisdiction of this Board^ After everyone has been heard on a given case, the hear- ing on that case will be closed, and the Board will deliberate and reach a decision. Once the hearing is closed, no forther testimony will be taken, and the audience is requested to refrain from commenting during the deliberations,, It takes four votes to approve a motion to grant or deny a variance or special permit^ In the rare cases where there is a tie vote, the variance or spe- cial permit is automatically denied. Are there any questions out there about our procedure? Yes^ VOICE IN THE AUDIENCE*# Does one have to live, then, within 200 feet of the property in question to make a statement? One cannot . then be simply an east hill resident? ` - BZA MINUTES 6/3/85 PAGE*. 3 CHAIRMAN TOMLAN4* That is troe^ You should have received notification - that is part of the procedure in applying and as a result you should be within that --- you are not? VOICE IN THE AUDIENCE'4 I am not, but I am an east hill resident and I attend meetings of east hill residents. . CHAIRMAN TOMLAN#' Are you here as a representative of the East Hill Association? VOICE'4 Not formally, no^ The East Hill Civic Association, as I understand it, is defunct . CHAIRMAN TOMLAN'+ Hell , provided that we keep your comments short and to the point, more specifically - the intent being that we / are trying to be as reasonable about this and not hear from everyone in the Coonty, as has occurred, believe it or not, on some of the cases^ Any other questions? Then may we proceed to our first case? SECRETARY HOARD'+ The first case, Mr , Chairman, is APPEAL NO, 1492 FOR 920 NORTH CAYUCA STREET, Appeal of JFJ Enterprises for a use variance under Section 30^25, Colomn 2 or a favorable interpretation by the BZA to permit the addi- tion of an auto repair business to the exist- ing gasoline filling station business at 920 North Cayuga Street (Mobil Gasoline Station) ^ The property is located in an R2b (Residen- tial , one- and two-family dwellings) Use Dis- trict in which an auto repair business is not a permitted use; therefore under Section 30^57 the appellants most obtain a use variance be- fore a Certificate of Occupancy can be issued for this ose^ This appeal was originally heard by the Board on May 2, 1983 at which time the Board ruled against the appellants ^ The appellants then filed an Article 78 pro- ceeding and the Court remanded the case back . to the Board for a new hearin8^ This will be BZA MINUTES 6/3/85 PACE14' 4 an entirely new hearing on the case ^ ' Is there anybody here representing this case? (no one) What we ' will do then, if anybody is here for this case, we will be back - we will go back to it at the end of the a8endom. The next case is APPEAL NO* 1621 FOR 520 EAST BUFFALO STREET Appeal of Mark Waldo Haag for an area variance for deficient rear yard depth and a variance from the requirements for front yard parking, under Section 30^25, Column 14, and Section 30, 37 , Paragraph A-5 of the Zoning Ordinance, to permit the addition of an eighth apartment within the existing multiple dwelling at 52O East Buffalo Street^ The property is located in an R-3a (residential , multiple dwelling) Use District in which the proposed use is per- � mitted; however under Section 30^57 of the Zoning Ordinance the appellant most first ob- tain variances for the listed deficiencies before a building permit or Certificate of Occupancy can be issued for the proposed con- version, CHAIRMAN TOMLAN++ Begin by identifying yourself and where you are from^ MR. HAAC!� My name is Mark Haag, I own the property at 520 East Buffalo Street, I want to first start by apologizing, This was on last month ' s agenda at the same time that I had a bowling ban- quet and when I had been here before, the meetings have gone long into the evening and I got here at 9'100 o ' clock I saw Mr , Weaver and Mr ^ Hoard coming down the steps and the meeting was over , I was sorprised^ CHAIRMAN TOMLAN*+ We are much more efficient, ' MR , HAAC4* I can believe it^ We purchased the building at 520 ' East Buffalo Street two and one-half years ago with the assomp- - � . BZA MINUTES 6/3/85 PACE: 5 tion, and it was a mistake on my part, that we would be able to very easily add an apartment in the two unheated garages that are within the building envelope. We had a survey made and I believe you have a copy of it, showing what technically is the rear yard . as five feet and the side yard as forty some feet, If the ad- dress were on Osmon Place rather than Buffalo Street there would- n ' t be the requirement for an area variance - I was not aware of . the front yard parking requirement - I don ' t understand that is- sue folly - let me deal with this one at a time, We do have suf- ficient lot area for the number of units that are being proposed . ' We have sufficient parking. We have parking on the premises, we ` have parking on another property that we own within the required ^ number of feet and I ' ve given Mr , Hoard a letter indicating that ' that would be allotted to that building* So, I guess the issue . that I am most able to speak about because I understand it, is ' ` the deficiency in the yards which happen to be reversed* I see | ` | people flipping through papers but I don ' t see a copy of that \ / ` survey - was that included in the appeal? � | SECRETARY HOARK Yes, . MR, HAAC: So as you can see the requirement is for one side yard to be five feet, the rear yard to be a minimum of twenty-five feet - much more than the required amount of yard if the address- es were reversed^ So that ' s the way that I think of it if you understand what I am saying, maybe I can ask Mr . Hoard about that issue, ask Mr . Hoard to explain the requirement for the front ' yard parking variance. I most admit that I don ' t understand that . BZA MINUTES 6/3/85 PACE*. 6 issue . SECRETARY HOARD'* Well the, , ^ ' ' MR, HAAG'+ Apparently the Planning Board brought op that as a question when it was reviewed by them, SECRETARY HOARD*+ I ' m looking at the wrong sketch here. The one that we shoold be looking at is this one - there is another one that shows the property where the other parking is going to be , The problem is - with the front yard parking is that you cannot have parking parallel with the street within - the first parking ' space parallel to a street - it has to be at least twenty feet . back ^ And if you are going to park perpendicular to the street ' then you are only allowed a certain number of places, given the ' length of the lot - so he ' s got a problem on the Osmon Place side . because there are probably two spaces here that are within twenty feet of the property line^ ' ' MR^ HAAC++ Okay ^ I guess the only response I would have to that is that is where the parking has been for that property for good- ' ness knows how long - there is a stone wall there that needs to be repaired that has got to be eighty plus years old and that ' s where the parking has been as long as I have been familiar with ' the property which is for some time before we purchased it^ And . it is screened - there is a substantial amount of vegetation there between the sidewalk and steep bank from the sidewalk to the street so it is very difficult for anyone to even see that there are cars parked there. CHAIRMAN TOMLAN*# Would you say a word or two about the proposal _ _ . BZA MINUTES 6/3/85 PACE*4 7 to correct the parking deficiencies - with the use of the other . property? MR^ HAAC'4 Okay, As it exists right now, there are three garages underneath the building, two under the building and one under the porch and they have been part of the parking requirement for that property. They are also unheated, which makes it so that the space above it is constantly being subject to the cold winter -pipes freeze in there constantly and so forth. So we own a pro- perty diagonally across the street at the corner of East Buffalo Street and Stewart Avenue and we have more than the required par- king on that lot for the uses that are there and so, as I have read the Code, if you can provide parking within - is it five hondred feet or two hundred? SECRETARY HOARD'+ Five hundred. MR~ HAAC'+ Five hondred^ This is substantially less than five hundred feet^ Then it becomes okay * I ' ve included a sketch of the parking lot - the address where the parking lot is, is 220 North Quarry Street - it is part of the property as deeded 211 Stewart Avenue - there are two buildings on that particular lot, neither one of which has a deficiency in parkin8^ CHAIRMAN TOMLAN+f And as I understand it, there are no exterior changes to the building? MR. HAAG+0 The only thing would be there are two dilapidated garage doors that will be replaced by - they will be replaced ' with satisfactory material to enclose the garages to become inside space, BZA MINUTES 6/3/85 PACEt 8 ' CHAIRMAN TOMLANI Not to dominate the discussion, are there any questions from members of the Board? . MR , BOOTH! As you look at this diagram of the building, can you ' show os exactly where the new apartment will go? MR . HAAC! You ' ve got several pieces of paper , ^ ^ MR* BOOTH! But let ' s look at this one. MR ^ HAAG: Here is the parking^ ` MR. BOOTQ I understand about that - I am asking, . . MR ° HAAC! One garage is there, the second garage is there and the third one is here . I ' m on the Osmon Place side of the building, there is a concrete apron that comes op and the parking area is labelled 'parking' with numbers and if you So to the sheet immediately preceeding that, under the proposed eight units, it says " apartment 8 to be added" . What is labelled as the living room is one of the garages, What is labelled as the bedroom is another garage and the space toward the bottom of the paper with piers showing - piers holding the porch op - there is a third garage underneath there where the electric meters now are, the cable TV box for the - so they can get to all the things and the telephone service box ^ ^ ^ MR . BOOTH: So this direction is toward Osmon Place? MR, HAACZ Yes that would be toward the west^ MS ^ FARRELL; And this is Buffalo Street? MR, HAAG: Yes, this is Buffalo Street. CHAIRMAN TOMLAN! The other side of the table with os or would you like some explanation? - BZA MINUTES 6/3/85 PACE! 9 ` ' MR . BOOTH: Would you explain again what you said if the thing . were an Osmon Place address you would be okay , ' MR , HAAC! Yes. I ' ve spoken to Mr . Barber , in the City Engineer ' s Department and he indicated that if we had specific ' steps from the sidewalk on Osmon Place he would be willing to ' change the address, I guess it is their jurisdiction as to what addresses are what^ Change the address to an Osmon Place ad- dress, therefore my five foot rear yard would become a five foot side yard. My forty some foot rear yard, with twenty-five re- ' qoired, would be the rear yard and Mr , Hoard indicated, without � this issue of front yard parking, that if that were the case he � would not find any deficiencies that I had to come to the Zoning ' Board with, It ' s a funny situation with being on a corner and so forth, ^ ^ MR^ BOOTH! I ' ve been there a couple of times* Now that you say i it again, I can see it^ � CHAIRMAN TOMLAN: Further questions? MR* WEAVER! Yes, to anyone in listening distance . If, in fact, I don ' t have any trouble worrying about street address at the moment, to say that the intent of the Ordinance was to provide minimum side yard and rear yard and front yard setbacks - if the combination can be worked out from a city street so that you could look at it either looking north or looking east and be sat- isfied that the combination of protections are available, I per- ' sonally have no difficulty in agreeing that there does not exist a side yard deficiency, or rear yard deficiency, as the case may ' BZA MINUTES 6/3/85 PACEZ 10 be . However , I am stymied on deciding how from the sketch in front of os you can ignore the continuing violation of the park- ing requirements . If , in fact, we were to agree with the propo- sition that this building is a conforming building rather than a non-conforming building, it would not be an extension itself . However it would seem appropriate that the Enforcement Officer should then issue an order to correct the violation of parking in the front yard and he would be back here again for the same thing that we can all recognize as a matter of record in front of os -- it it is a violation of the Ordinance in its present use* It would seem to me that if it would satisfy this Board to issue a ruling that would either approve or disapprove the front yard parking as ' proposed - that we could muddle through a motion and a finding of fact and in fact remain silent on this side yard deficiency -rear yard deficiency, or whatever . I am not trying to direct this, I am just trying to show that if we have required number of rear yard and side yards of minimum dimension, that I don ' t care where the street is - whether they paste the numbers on the front or the side of the building, So to try to condense that into Eng- lish, I ' m not prepared to make a motion but it would seem to me if we attack the off-street parking requirement for the proposed development, which would be eight apartments instead of the in- stant seven, ' MR^ HAAG: That is correct * MR^ WEAVER: And either approve the front yard parking and the proposed off-site parking that the next move would be the '-- BZA MINUTES 6/3/85 PACE41 11 Enforcement Officer as to whether there is any deficiency in the final arrangement * CHAIRMAN TOMLAN*+ So what you are suggesting is that to be completely in compliance with the Code, the parking requirements might ask more than what is presently being proposed - to be completely in compliance at this point , MR, NEAVER*+ It would ask more than is being proposed if we do not approve front yard parking in violation of the Ordinance ^ It seems there is a need for a variance on the front yard parking - if available - rather than a variance allowing the creation of the parking, CHAIRMAN TOMLAN+1 Mr . Haag, how would you respond? MR. HAAC* Perhaps I ' m hearing only part of what you are saying but let me just state for the record that as the building is used now there is not a deficiency in the number of spaces ^ I was not aware and neither was Mr . Hoard, nor the inspectors who have is- sued certificates there over the years, when that parking was in user that there was a deficiency because of front yard parking. So there is no deficiency now^ There are all the required spaces included in the garages. What I am proposing to do is to remove two garages, add those two spaces on an adjacent property, which we own, which is not leased or any of these funny things that are done* I ' d like to further comment that if any of the members of the Board have been by the property, I have an option, I have an option - I am the only conforming property in that entire whole block, I am the only one that has any parking. I also have that BZA MINUTES 6/3/85 PACE.' 12 large side yard which shows on the survey which is nicely planted, nicely landscaped, has some nice stone walls in it - in the couple of years that we ' ve had it, I ' ve cot a virtual jungle out of there, but I can also take down the stone wall between Buffalo Street and there, and I can probably provide enough park- ing for the whole city block, but that takes away the green space which I have been given to understand over the years is really an objective - it is the only open space on that block and - as I said - I wish I had understood this front yard parking issue be- fore that - what I hear yoo saying is that there is a deficiency - a technical deficiency by the Code - not by the number of spaces provided because the number of spaces provided are correct according to the Code.. The way that they are provided is not correct according to the Code . MR^ NEAVER44 No, I don ' t agree with that. If you propose to create a deficiency^ ^ MR, HAAC'# I don ' t understand the deficiency. MR . NEAVER4* Nov we are not for providing the off-site additional two spaces, In other words, you came for a building permit - correct me here if I ' m wrong - but if you came in for a permit to create an apartment in the now vacant garages, it would seem to me that it should be rejected on the basis - not necessarily out of the existing deficiencies assuming that we can arrange things that this is a conforming building, You would then be creating a deficiency by eliminating parking spaces - two required parking . spaces - and would have to be here for a variance - a parking � BZA MINUTES 6/3/85 PACE: 13 variance rather than - whether the Commissioner could approve the off-site parking and you wouldn ' t have to come to this Board at all would be fine with me, I don ' t know. . MR^ HAAG*+ That is my understanding* That it is part of - well , I don ' t know, I am not the Building Commissioner , but that was the way that it was explained to me, that if it was provided it did not need a variance to validate it. Is that correct Hr ^ Hoard or incorrect? SECRETARY HOARD*+ Nell , okay, the way that I look at this - right or wrong - is that the problem he has run into is that in adding -before I can issue a building permit for the conversion, I have to look at the property and see that it meets all of the require- ments. Now because it has an East Buffalo Street address , rather than an Osmon Place address, the rear yard is that five foot yard and that doesn ' t conform. Okay , so that is problem number one. Now I could have said, well we ' ll just forget that it is numbered that way but that isn ' t what the Code says, so he is here for this variance because of this, or he could have gone to Engineer- ing and had the number changed and that is one solution. Another solution - or another problem here is that there is existing parking in the front yard, I don ' t know how long it has been there - I suspect it ' s been there a long, long time, judging from the concrete that is there ^ He is taking two parking spaces away by eliminating the garages as parking spaces but he is making that op by providing two spaces on the other property across the street so that seems to me to be a trade off there, so we are BZA MINUTES 6/3/85 PAGE** 14 dealing with this pre-existing parking in the front yard situa- tion and the address question which gives os an illegal front ' yard - or deficient front yard. MR, SCHWAB'* May I ask you Tom, if we keep it as the Buffalo ' Street as the front yard, the address, is there a parking . problem? SECRETARY HOARD'* It would still be in the front - the property has two front yards - Osmon Place and Buffalo Street are both front yards - it only has one rear yard, which is defined as the yard opposite the street address^ MR, SCHNAB� Okay. CHAIRMAN TOMLAN� Helen any questions? MS, JOHNSON� So the parking wouldn ' t be a problem? . ' ` SECRETARY HOARD*+ Well the parking is in the front yard but the number of parking spaces, if we grandfather the six spaces that ' he has in the front yard plus the two on the other property, he . is in compliance as far as parking is concerned, ' CHAIRMAN TOMLAN� Further questions? Tracy? ' ' MS, FARRELL� No * CHAIRMAN TOMLAN� Is there anyone else out there who would like ^ ' to speak in favor of the granting of this variance? (no one) Is there anyone out there who would like to speak in opposition? Step forward if you would? Sit down, speak into the microphone and begin by identifying yourself and give your address as well ^ MRS^ CRIPPI� My name is Rosalind Crippi and I live at 423 East Seneca Street and I am not within the two hundred feet but I am - BZA MINUTES 6/3/85 PACE: 15 an East Hill resident and I just want to remind the Council of the meeting of the East Hill residents on April 22nd which the -a repeated complaint was the problem of parking and density on East Hill which prevented people from enjoying their homes and the residents feel - threatens to deteriorate the neighborhood and I also want to say that I was told that a letter came from an Al- derman to the Council regarding this proposal and also the appeal at East Seneca Street* CHAIRMAN TOMLAN: You understand we are not the Common Council? MRS. GRIPPI: Oh, you are not? I ' m sorry . That is all I have to say about this and about East Seneca. CHAIRMAN TOMLAN: Any questions? SECRETARY HOARDZ Was that Mr * Killeen ' s? Alderman Kil1een ' s? MRS. CRIPPI: I don ' t remember - I don ' t know who it was - it was just told to me . � CHAIRMAN TOMLAN! Tom, do you have some letters? SECRETARY HOARD: Yes. Is that all ^ ^ , / CHAIRMAN TOMLAN! Is there anyone else who would like to speak in opposition? (no one) . SECRETARY HOARV Well this isn ' t exactly a letter , this is ' ^ Alderman Killeen scribbled some notes on a copy of the agendum ^ and on this one he said " variance, if given will unfairly apply ' ` even further pressure to Osmon Place^ There is now a large side yard but 8th apartment will posh him into Osmon or Stewart , This . square (Buffalo, Osmon, Stewart) is already very dense ° " That was from Alderman Killeen, ` ^ ^ BZA MINUTES 6/3/85 PACE� 16 CHAIRMAN TOMLAN4 Further comments? There being no further comments , . , MR. HEAVER� The appellant wants to add a remark, CHAIRMAN TOMLAN� All righty briefly ° MR. HAAC� In response to the letter just read, I would like to reiterate that mine is, in fact, the only conforming property - it is the only property in that block that is referred to, that has any parking - it is the only parking with adequate lot area for the use that it is being pot to ^ Everything else ( unintelligible) that it was non-conforming, CHAIRMAN TOMLAN� Thank you. Discussion? ' - . ------- BZA MINUTES 6/3/85 PACE� 17 DISCUSSION - APPEAL NO. 1621 MR . WEAVER'* Question. Interpretation on how much of the - assuming there are two front yards, how much of the scaled out - that is the six parking spaces indicated on the copy of the survey map, how many of them would be listed as front yard using the twenty foot - I understand that is not a violation except as it hinges upon the twenty foot setback, is that correct? SECRETARY HOARD� That is for parallel to the street, yes ^ MR, NEAVER� For example, spaces 3, 4 and 5 on the survey, are they Buffalo Street violations or can they be - maybe two of them be in violation on Osmon Place? SECRETARY HOARD� Well you are allowed twenty-five percent of the width of the street frontage in parking places perpendicular to the street so these are not necessarily be - this is one hundred and forty-nine feet and I am pretty sore that would fit in that -well Chairman Tomlan does the arithmetic on it - but the problem / is that while they may be in compliance with the Buffalo Street because they are perpendicular - comply with the perpendicular role, they are also parallel to Osmon Place and in violation of ` the parallel rule , MR. SCHNAB� Parking place 5 probably is not - isn ' t that further back from Osmon Place? . SECRETARY HOARD� 5 is probably all right, yes, ' MR* NEAVER� Well without a scale, it is quite possible that 4 and 5 might be le8al ^ . SECRETARY HOARD� 4 and 5, yes* The ones I look at as being ` � � BZA MINUTES 6/3/85 PACE.4 18 problems are 3 and 64 ' MR. NEAVER*+ If there were a motion friendly to the appellant ' s case and there were an increase in the requirement for off-street . parking to provide for a correction of 3 and 6, so you would be ' creating the need for two by creation of the apartment, we ' d . still have the two in violation - at least two in violation para- llel to Osmon Place^ Might there be a conditional approval con- ditioned upon providing three off-site rather than two? I am not proposing that but I am wondering if that might not be an effec- tive solution, The other solution is to look at 5 and 6 and if 4 and 5 behind a wall , as a practical matter , that you have had upon the neighborhood, it is hard to discern whether ten feet further back does any good - accomplishes anything, as a practi- cal matter . CHAIRMAN TOMLAN** What is the technical ramifications - would there be any difference if we move it around to Osmon Place and give it a number? MR, BOOTH'+ I think you ' ve got the same problem with o different front yard, SECRETARY HOARD++ It doesn ' t change the parking space problem, it only changes the side yard, rear yard^ ^ ^ � � MR* BOOTH'+ I see^ � SECRETARY HOARD'+' I ' ve got some pictures here of the property, � I ' ll pass them aroond^ The one with the blue car in the ' foreground was taken from across Buffalo Street* MR , BOOTH*+ Do you have one taken across Osmon Street? � ` ! ` ` ^ BZA MINUTES 6/3/85 PAGE� 19 MR. HEAVER� He can ' t jump high enough ^ MR^ BOOTH� Because of the wall? SECRETARY HOARD� Yes^ CHAIRMAN TOMLAN� Further discussion? I ' d like to start on the other side and see if we couldn ' t more specifically come back to . the conditions for granting the appeal , which would be practical difficulty - in a sense the effeteness - I think the appellant has spoken - in a sense - more positively on his behalf in that way and perhaps reach between your proposed solution and maybe the other side of the coin - a motion which would firm that op or firm op some sort of relationship between the sides - that is what I am after ^ Essentially you are starting off with a parking solution and working your way back. I am wondering if we can ' t start the other way - in a sense. You are still left with find- ings of fact one way or the other ^ MR. BOOTH� Well it seems to me that this is typical of a lot of the variances that we see - an older building and it is in a po- sition on its lot - it does not conform with various setbacks or area reqoirements° We ' ve pretty typically found that that fact ' is an unnecessary - excose me, a practical difficolty. I don ' t / think that - in my perspective, the area deficiency of the back ' yard is not particularly great, especially because you ' ve got two ' ^ other yards that are pretty large. CHAIRMAN TOMLAN� And then something about the spirit of the Ordinance? MR. BOOTH� In terms of what? . ^ ` ' BZA MINUTES 6/3/85 PAGE** 20 CHAIRMAN TOMLAN� Insofar as the appeal , as it has been stated or as - with respect to the proposed or let ' s say, trial balloon of different sorts of parking arrangement, the condition of it, MR, BOOTH� Nell , let me ask the applicant a direct question, is it possible to do Charlie' s suggestion and pot two more of them off the property? CHAIRMAN TOMLAN� Mr . Haag would you come forward again? The trial balloon that we are trying to move around here is whether in fact it would be possible for you to provide four spaces off the lot^ Or whether three - you ' ve already said two is possible ^ MR^ HAAG++ In terms of the spaces that exist on the other property? CHAIRMAN TOMLAN� Yes. MR. HAAC*+ As opposed to the required number of spaces. There probably are four spaces there, available, If all I can respond is to that question, I will do that and I will stop, CHAIRMAN TOMLAN44 For the moment^ But don ' t go away. Further discussion from the Board? MR^ BOOTH� Having heard that, I ' ll make a motion, | ' ` BZA MINUTES 6/3/85 PACE! 21 DECISION - APPEAL NO, 1621 520 EAST BUFFALO STREET The Board of Zoning Appeals considered the request of Mark Naldo Haag for an area variance to permit the addition of an eighth apartment within the existing multiple dwelling at 520 East Buffalo Street. The decision of the Board was as follows , MR. BOOTH� I will move that the Board grant the area variance requested in appeal number 1621 with the condition that the applicant provide four (4) parking spaces within the required distance off this particular Property. That will result in four parking spaces being provided on the property and four parking spaces being provided off the property, MR. WEAVER*. I second the motion^ FINDINGS OF FACT** 1 ) The location of the existing building is such that it does not conform with the Ordinance ' s rear yard requirement and movement of the building in order to so conform would create a practical difficulty for the applicant , 2) The applicant has a very large lot for this part of the City and this proposal to add an eighth apartment is consistent with the Ordinance in other respects. 3) The proposed use is consistent with the character of the neighborhood, VOTE� 4 YES; 2 NO GRANTED H/CONDITION i | � / � | ` _ BZA MINUTES 6/3/85 PACE '#' 22 MORE DISCUSSION ON APPEAL NO, 1621 MR. HAAC'+ Can I clarify that? CHAIRMAN TOMLAN++ Try os^ MR, HAAC*+ I don ' t know if I am out of order but this is - I thought the objective of the Board here was to provide parking spaces not take them away, And that is essentially what you are doing, you are taking two spaces away . If I may then - after that - ask that it be also made part of that proposal that, if the spaces are provided legally within the Ordinance on the prop- erty that that is all right too, Because I can take that wall out and take that side yard oot^ And that is what that sort of a proposal is essentially forcing me to do . If it is not forcing me, it has the effect of forcing someone else to do it and as the Alderman said , that is a congested block, the only thing that is not congested is my side yard, which I can, under the Ordinance eliminate. I don ' t want to, I don ' t want to be forced to. I don ' t want it to become a part of the history of that building that the next owner is forced to, | CHAIRMAN TOMLAN*+ Okay, You understand that we are in a difficult � position and splitting hairs and that is what we are really doing, is trying to split hairs^ On one hand the Ordinance is ' relatively clear about what is required for the parking and I ' ' think we are trying to look at your proposal and in a sense, give , you the benefit, as much as we can, of a sympathetic reading of ' it but at the same time be fair to the other side as well ^ So I think we are in the spirit of what you are trying to do, even . ` ^ � BZA MINUTES 6/3/85 PACE4. 23 though it may not appear to be completely to your advantage for the moment. So coold we have the vote and move along? MR. SCHWAB** I guess I - what Mr ^ Haag is saying strikes me as making a fair amount of sense, thoogh^ CHAIRMAN TOMLAN++ Well then, it is simple that one would continuer Stewart, and vote against the motion in such a way as that another motion could be taken, does that seem reasonable? MS , FARRELL'+ Yes, I will say that I am going to vote against it because of that reason^ CHAIRMAN TOMLAN+* Fine. Don ' t 8o away yet Mr . Haag, we may Set back to you. MR^ BOOTH'+ Let me clarify somethin8^ I do not understand the motion to mean that he can provide those parking spaces elsewhere on the property^ It means four spaces off the property, that is the way the motion reads^ And that is what it is intended to read. SECRETARY HOARD'* But he could come in for a building permit to cot through that wall and pot in those parking spaces in what is now the yard at the east side of the building, MR, BOOTH*+ I would say that he would not then be consistent with . his variance, SECRETARY HOARD+4 He wouldn ' t need a variance then^ ` MS, FARRELL'+ He doesn ' t need a variance if he changes the ' address. He could pot all the parking there. MR. NEAVER4+ I ' d like to get back into this ar8oment^ First of ` all this isn ' t a court of last resort as far as zoning is con- ` ` ` ' - ----------- BZA MINUTES 6/3/85 PACE4, 24 cerned^ The legislative body passed this Ordinance and can pass amendments to it at will ^ At the moment we have an Ordinance that is loaded with requirements for off-street parking so that any chanSe, especially to increase the number of residential units on a residential property requires an increase in off- street parkin8^ I ' ve heard about preserving good back yards all over town* The people who wrote this Ordinance are, I think, impressed with the need for off-street parking rather than at- tractive back yards* And if not, it ' s available at every meeting of Common Council for amendments to reduce the off-street parking requirements and we' d have fewer parking lots in back yards and I don ' t think that is necessarily a solution but I ' m not in the Planning Department, I ' m just on this Board, But there is nothing new about the fact that off-street parking covers op what could otherwise be garden or anything else^ And that is uniformly ap- plied throughout all our residential districts, pretty oniform^ MR. SCHNAB'+ But a vote on this is to continoe^ My only response to that and then we should move on or revote or something, is it is not that he is not providing the off-street parking, it is where on the site - that is really all the deviation from the Ordinance - is just where on the site the off-street parking is provided^ Let ' s move on^ � � ` � BZA MINUTES 6/3/85 PACE*. 25 SECRETARY HOARD'+ Before I read the next case, some people have . come in about the JFJ Enterprises Appeal for 920 North Cayuga � Street^ The appellant is not among them, as far as I can tell so the case has not been heard yet and we don ' t know if the ' appellant will come in. If the appellant comes in later the case will be heard at the end of the agendum, The next appeal is . APPEAL NUMBER 1623 554 SPENCER ROAD ' Appeal of Peter Romano for an area variance for a . deficient front yard under Section 30^251, Column 11 , to permit conversion of the existing single family dwelling to a two-family dwelling^ The . property is located in a R2a (Residential two- family) Use District in which the use is permit- ted; however under Sections 30 ^49 and 30^57 of . the Zoning Ordinance the appellant most first obtain a variance for the listed deficiency be- ^ fore a building permit or Certificate of Occupan- cy can be issued for the conversion. CHAIRMAN TOMLAN'f Again, beginning with your name and address^ MR. ROMANO** My name is Pete Romano and I live at 614 Coddington Road. There isn ' t much I can offer - to say - there is a handout that I handed out earlier - it shows a survey done in ' 82^ ' ` Basically to convert the property into a two-family I needed the ` twenty-five foot minimum front yard and it has a fifteen to ' . twenty foot, if you look at it, it is hard to tell on the survey -approximately fifteen feet^ There is ample parking in the back, there is two and one-half car garage - that is basically the whole deal ^ ` CHAIRMAN TOMLAN++ I notice at the present some one else lives there, do you intend to boy the property or you live in the ' property? . ` BZA MINUTES 6/3/85 PACE� 26 MR . ROMANO� I am in the process of purchasing the property* This is one of the stipulations on the contract - to get the variance. CHAIRMAN TOMLAN� I see, Further questions? MR . BOOTH� You are going to pot one unit on the top and one unit on the bottom, is that the way you are going to boy it? MR ^ ROMANO� Yes ~ Currently it is a single-family. There is a basement and part of it is already converted with a bedroom and a bathroom, MR, BOOTH� Where would you enter that? MR, ROMANO� There is a side door and a rear sliding glass door . MR, BOOTH� Down behind - down the driveway? MR . ROMANO� Yes - the way the hoose is - it ' s a sloping front yard so that most of the basement is outside of the ground. CHAIRMAN TOMLAN� Further questions? Thank you. Is there anyone else who would like to speak in support of the granting of this application? (no one) Is there anyone who would like to speak in opposition to the granting of the variance? (no one) It ' s all oors^ � ' ` / � BZA MINUTES 6/3/85 PACE� 27 DECISION ON APPEAL NO. 1634 554 SPENCER ROAD The Board of Zoning Appeals considered the request of Peter Romano for an area variance to permit conversion of the existing single family dwelling at 554 Spencer Road to a two-family dwelling. The decision of the Board was as follows* MR, NEAVER� I move that the Board grant the area variance requested in appeal number 1623^ MS^ FARRELL� I second the motion* FINDINGS OF FACT� 1 ) The appellant has shown practical difficulty preventing com- pliance with the strict observation of the Ordinance which would require demolition and moving of the building in order to conform^ 2) Granting of the variance would observe the spirit of the Ordinance and would not change the character of the neighborhood* VOTE� 6 YES; 0 NO GRANTED / BZA MINUTES 6/3/85 PACE4. 28 SECRETARY HOARD*4 The next appeal is APPEAL NO. 1624 - 708 EAST SENECA STREET Appeal of Ping Lei Wang for an area variance for de- ficient off-street parking, lot area, lot width and side yard setback under Sections 30425, Columns 4, 6, 7, and 12 of the Zoning Ordinance to permit the en- largement of the second and third floors of the mul- tiple dwelling at 708 East Seneca Street° The prop- erty is located in an R3a (Residential , multiple dwelling) Use District in which the use as a multiple dwelling is permitted; however under Sections 30,49 and 30,57 the appellant most obtain an area variance for the existing deficiencies before a building per- mit or Certificate of Occupancy can be issued for the alteration, CHAIRMAN TOMLAN4# Mr ^ Wang . MR~ WANG** My name is Ping Lei Nang, owner of 708 E. Seneca Street property, The 708 E, Seneca Street is located between � North Quarry and Stewart Avenoe^ It was built and converted to a three unit income property long, long before the establishment of the Zoning Ordinance, According to the present standard there are four places not conforming to the Code, The first one, the lot size is not large enough* Second, the width of the property, ` of the lot - is not wide enooSh^ The third one is the side yard � is three feet instead of the five feet. The fourth one, there is no parking on the property ^ The fifth one is there is a bedroom ' ` on the second floor which has six feet and one-half width instead ` of the minimum reqoirement^ However because of a grandfather ' clause I can have a Certificate of Occupancy as three units ' apartment, However I came to appear tonight to make a change . i -the purpose is to make the property more conforming instead of non-conforming, If my proposal is approved I can eliminate the � � - ' ' | BZA MINUTES 6/3/85 PACE*. 29 ! fifth one and not increase anymore violation or ag8revate any . other violations. This is at the second floor plan. There is a small bedroom here only six feet wide and fifteen feet long. If { I can extend the side four feet then it will make this bedroom ` become ten and one-half feet wide and fifteen feet long. Also . add some space to the living room , If I do that, also the third ' floor can get some benefit. This is the present time situation -this bedroom on the third floor has (unintelligible) shape, , Part is six feet wide and the other side is nine feet - almost ' ten feet wide, If I extend all sides four feet, then this bed- room will become a more regular size - better shaped bedroom with ' ten feet wide and twenty-one feet long. Also I can move this wall over and increase the living area^ In doing that this pro- ' posal does not increase the number of occupants, nor increase the ` number of parking places so - besides that, you also need proof \ the living conditions of the students renting^ ' � CHAIRMAN TOMLAN*+ Any questions from members of the Board? . MR^ BOOTH! How many people now occupy this building? \ / MR NANC� Ten Each bedroom has one tenant^ ^ ^ | MS. JOHNSON+4 With the larger bedrooms, would you be likely to rent to two in this large bedroom? � MR^ NANQ'+ If the variance is approved, this newly enlarged bedroom will not rent as a dooble^ � CHAIRMAN TOMLAN*f So the idea is that you are going to extend the second and third story out four feet and improve the appearance of the building? BZA MINUTES 6/3/85 PAGE** 30 MR ^ NANG'+ Yes. MR^ BOOTH� How far will the extension be from the front of the first floor? The porch? MR, WANG* The porch ^ ^ ^ , SECRETARY HOARD'* This will be extended out in front of the building over the porch. MR , BOOTH� Oh, over the porch. MR^ NANG'+ Over the porch^ MR, BOOTH'4 I understand that. How far will it be from the front of the porch? MS, FARRELL� Will it be right even with the front of the porch? If the porch goes op, will the addition continue straight op? MS. JOHNSON� It says the porch is eight feet , . ^ MS, FARRELL� Oh, so it is four feet back, , . CHAIRMAN TOMLAN� Four feet . . ^ ^ MR. NANC� Four feet, eight inches^ CHAIRMAN TOMLAN� You plan then, I would assome, to restructure the porch in some way, in which you are going to hold op - above it? / MR . NANG'# Yes^ CHAIRMAN TOMLAN4 Further questions? MS, JOHNSON� Are you going to change the porch at all? It doesn ' t look like it is going to support two stories, MR , NANC� No^ No, it is not support two stories. It will have one wall - you have to solidify - pot concrete under the porch original has a post - you have to solidify to make cement footing ` BZA MINUTES 6/3/85 PACE� 31 instead of the present condition * MS* JOHNSON� So you don ' t plan to increase the number of tenants? MR, NANC*6 No ^ MS, FARRELL� What would be the legal number of tenants, Tom? SECRETARY HOARD� Well it is a non-conforming property so he is limited to ten now. MR, NEAVER+4 When we are talking about non-conforming we are talking about Housing Code? SECRETARY HOARD� We are talking about the Building Code or the Zoning Ordinance, pardon me, because there is no off-street parking, MR, BOOTH+' Under the Building Code, how many people could this building have, or is it also limited? SECRETARY HOARD� Ten^ MR ^ NEAVER� Before and after? SECRETARY HOARD� Yes, MR, NANC*+ What is the Building Code? SECRETARY HOARD� The Housing Code, On room sizes. MR, NANC� Room size , I would say more than ten, Because most of the rooms could be double . CHAIRMAN TOMLAN� Further questions? Thank you Mr , Wang. MR^ BOOTH� Wait a minute. You are doing this solely to improve the quality of the second and third floor apartments? MR. WANG' Yes. ' MR, BOOTH� What is the present problem with them, other than the ` BZA MINUTES 6/3/85 PACE4, 32 size problem, which I understand , MR^ WANC*+ You have a small bedroom, the other three on the second floor are large, so when you have four tenants coming in and it is hard for them to make one to choose a small room. CHAIRMAN TOMLAN'# Thank you Mr , Wang. Is there anyone else out there who would like to speak in favor of this variance? (no one) Is there anyone who would like to speak in opposition? Come forward. MR^ HAAC*4 My name is Mark Haag, I was just here. I own property directly to the east of the one in question* I am sorry, but I walked out and didn' t hear the reasons for the appeal , CHAIRMAN TOMLAN'# In this case? MR. HAAC'f Side yard, is it? SECRETARY HOARD*+ The deficiencies? The deficiencies are off-street parking - there is no off-street parking and four , spaces are required. It is deficient in lot size by twenty percent, it is deficient in lot width by sixteen percent and it is deficient in one side yard by thirty percent. MR. HAAG44 That is the one to the east? SECRETARY HOARD'+ Yes. MR, HAAC'+ The survey shows that there is an infringement of the eaves, and so forth onto our property, CHAIRMAN TOMLAN+* RiSht , MR. HAAC'* I guess I would just wonder why add to a bad situation? MR, BOOTH++ What is the bad situation? BZA MINUTES 6/3/85 PACE4* 33 MR^ HAAC*+ The bad situation is, I seem to have an ax to grind. You don ' t seem to care about conforming issues, you should perhaps concern with non-conforming issues. MR ° BOOTH*+ Don ' t assume that we don ' t care about anythin8^ Co ahead, MR . HAAC#+ I apologize, It ' s an expansion of a non-conforming use - where everything is non-conformin8^ The side yard, the rear yard, I don ' t know about the front yard - Mr * Hoard listed a number of deficiencies , The essential aspect of it is that you are validating non-conforming uses whereas my experience in dealing with - at least the Building Department and the City - is that they are trying to correct non-conforming oses^ MR ^ SCHNAB'+' Let me ask you this question if I may - how are you or any of the other neighbors harmed by this proposed addition? Would it deteriorate the neighborhood? MR^ HAAC'* No, it might fix the deteriorating rain gutter situation on my property - that ' s where all the rain gutters from the neighboring property - under my driveway considerably, MR^ SCHNAB'+ I guess then I don ' t quite see why YOU are opposing - what the practical harm to you is, MR^ HAAC*# I guess I wonder what assurance there is that there will be a limit to ten people? Over the years there have been considerably more than that, MS* JOHNSON*' Ten people is the maximum according to the Housing Code? ` SECRETARY HOARD+f That is what he is grandfathered for and that ` ` � . BZA MINUTES 6/3/85 PAGE44 34 is what it is approved for . There is an enforcement problem. MR ^ BOOTH'*' Can you enlighten os? SECRETARY HOARD'+ There is an enforcement problem making sore there are only ten people in there * / MR, BOOTH'+ I understand that is a general problem, is it a ' particular problem with this building? . SECRETARY HOARD** No. ' CHAIRMAN TOMLAN++ Further questions from members of the Board? ` Thank you Mr . Wang. Is there anyone else who wishes to speak in opposition to granting this variance? (no one) It is ours for disc Liss ion^ . SECRETARY HOARD++ I think Mr . Killeen had a comment on this. Mr , ' ` Killeen said "No, This is shabbiest , most neglected hoose in 700 ' block of E. Seneca, Clearly this is an attempt to further ' exploit the building at expense of near neighbors and general poblic^ If he gets variance, he gets richer while the properties . pay through decay. " ' CHAIRMAN TOMLAN++ Further discussion? MR, BOOTH1 Thank Mr ^ Killeen for his eloquent comments. ' CHAIRMAN TOMLAN! That ' s right * Transmit that once you get to City Cooncil ^ BZA MINUTES 6/3/85 PACE++ 35 DISCUSSION ON APPEAL NO^ 1624 708 EAST SENECA STREET CHAIRMAN TOMLAN++ Well shall we again begin by discussing any kind of practical difficulty and special conditions, have we heard either? Have we heard any comments about the - how the exception of the granting of the variance would serve the spirit of the Ordinance and not change the character of the district? Certainly any improvement to Mr ^ Wangs property woold be invited by the neighborhood, we ' ve heard that in any number of instances, On the other hand there seems to be some question about whether this is an improvement and what kind of improvement it might be -or what it might eventually mean to the property ^ MS, JOHNSON� It is difficult to tell if it is an improvement, if You haven ' t seen any drawings of what it is going to look like. CHAIRMAN TOMLAN� Precisely. MS* JOHNSON� And bigger doesn ' t necessarily mean better ^ CHAIRMAN TOMLAN� That is true, MS ^ JOHNSON� Except for the poor person in the fourth bedroom^ CHAIRMAN TOMLAN� That is true as well ^ Three very good observtions^ MS, JOHNSON� Brilliant , But it also seems that the deficiency in parking is something that evidentally was grandfathered okay^ ' The other deficiencies don ' t seem that big, The only thing I would question is should we insist on seeing how it is going to look,. . CHAIRMAN TOMLAN� Further comments? Tracy? MR . BOOTH4f I guess I feel - and this is a property that is used BZA MINUTES 6/3/85 PACO 36 almost to the utmost possibilities and it seems to me that there is at least a likelihood this may increase use. I ' m not sore that the argument that one of the bedrooms is very small and is deficient - is a terribly moving argument when we have a building with a large number of deficiencies that cannot be corrected. The purpose of this - moving this along I will make a motion. ' \ � / i ' BZA MINUTES 6/3/85 PACE� 37 ^ ` DECISION ON APPEAL NUMBER 1624 708 EAST SENECA STREET The Board of Zoning Appeals considered the appeal of Ping Lei Wang for an area variance to permit the enlargement of the second ' and third floors of the multiple dwelling at 708 East Seneca ' Street. The decision of the Board was as follows� MR . BOOTH� I move that the Board deny the area variance . requested in appeal number 1624, CHAIRMAN TOMLAN� I second the motion. FINDINGS OF FACT+* ^ 1 ) The owner has an established viable ose^ ^ ` 2) The current use of the building exceeds requirements of the . Ordinance in a number of respects, the most important being � the off-street parking deficiency^ ^ 3) The proposal will not remedy any of the existing ' ! ^ deficiencies. / 4) The applicant has not shown any significant reason for , expanding the size of this boildin8^ . i VOTE� 5 YES; 1 NO DENIED � ^ ` ----------------------------- -' ' BZA MINUTES 6/3/85 PACE .' 38 SECRETARY HOARD*+ The next appeal is number 1625 for 404-404^5 North Cayuga Street and this is the appeal of Dr , Salerno and the lawyer David Gersh for a use variance. Apparently Mr . Gersh failed to notify the people within 200 ' as is required by the Ordinance so this is held over , The next appeal then is appeal number 1626 for 123 NEST STATE STREET Appeal of The Ithaca Journal for an area variance for lot coverage and deficient rear yard under Section 30^25, Columns 10, 14, and 15, to permit a one-story addition to the rear of the existing building for storage and loading of printed ma- terial ^ The property is located in a 63 (Commer- cial ) Use District in which the use is permitted; however under Section 30^57 of the Zoning Ordi- nance the appellant most obtain a variance for the deficiencies created by the new construction, before a building permit or Certificate of Occu- pancy can be issued. MR. TALLMAN** I ' m Bob Tallman, I ' m the architect for the Journal . With me is Dick Carleton, who is the Production Director of the Journal to answer any questions about the operation, We bid this job twice; first as a two-story addition and then revised ity as directed by the Gannett Company, to a one-story addition. The two-story was with basement and one story, now we are on slab on-grade, on-fill , actually, op at the level of the Press Room. If you have that site plan, the original Ithaca Journal went to ' the rear property line - at some point in the sixties the Press . Room was built for the big league press - shows on your site plan ' as the Journal Press Room - was built back within about thirty- ` eight feet of Green Street^ This addition goes to the property . line which, incidentally, is about three point eight feet north ' - BZA MINUTES 6/3/85 PACE4. 39 of the Green Street sidewalk, so there is a strip there^ The addition will line op with the front porch of the Eagles building to the west and Ithaca Photo and that entire block to Cayuga Street, to the east^ My understanding of the ten foot require- merit in the business district goes back - and Mr . Weavers, cor- rect me if I am wrong, but the original idea of the ten foot set- back was to provide fire lanes in the back yards of the buildings from State Street and from Green Street, It just never occurred to me that we had to have a ten foot setback from Green Street, since we considered that the front yard on Green Street - how- ever , from a fire fighting standpoint, the Journal has a parking lot - there is a ten foot right-of-way running from State Street throogh to Hest Green between the Journal parking lot, which is off Geneva Street, So - it is wide open also -there is a parking area between American Demographics building, which is the old Interlakes Finance - so that is all wide open parking space through there* That, basically, is the need and my feeling is that the ten foot setback on Green Street makes the addition too ' small to be worth monkeying with and that it serves no practical purpose to require that ten foot setback, which originally was, I ' believer required for fire fighting in the rear of the buildings (unintelligible) . Does anyone have any questions? CHAIRMAN TOMLAN*# I think some of the questions which were raised at the Planning and Development Board bear airing once again, here by virtue of the possibility of traffic congestion and how ' things are going to be unloaded and loaded. If You could address ' BZA MINUTES 6/3/85 PACE*. 40 those just briefly~ MR. TALLMAN++ Dick, would you want to come op and join me for this (unintelligible) . As far as the building is concerned the newspaper delivery - there is a little wart, if you will notice on the west side of the proposed addition and that is where the newspapers - where people come in in station wagons and passenger cars and load newspapers going out - that does not change - that is now - that function is a little shed building right next to where the wart now is - it will be taken off - so that function will end op in the same place. What we are hoping to do with this - number one instead of straight in parking along the west side of that Ithaca Journal parking, we are going to parallel loading, so it will make a wider space for - I know what you are talking about , this is the tractor trailers unloading newsprint. CHAIRMAN TOMLAN'* Precisely ^ MR^ TALLMAN++ And there are two things that will happen^ It will give os a little wider torn backing in, number twor we are clos- ing op on the right hand side - on the Green Street side -the � driveway now - into a secondary parking space^ That forces - � there is a parking meter just west of that driveway - what we / are proposing to do is move that meter op, closing op the old driveway - so that will move op to let those tractor trailers to | take an easier torn coming in so they don ' t have to jackknife all the way across Green Street. . MR^ CARLETON'# The main thing - truckers complain when they come in there is if the one car on our side of Green Street wasn ' t i ` � ` � } ---- BZA MINUTES 6/3/85 PACE� 41 there - if we could get rid of that parking meter - they would have no problem backing in and could get in within a couple of minutes. A lot of times when the trucks come, a car will be parked at that meter and they might be out from the curb a little bit and back a little bit too far and it creates a lot of prob- lems for the truck drivers^ By putting this addition on and closing op that one drive space, as Bob said, and moving that meter op so the City doesn ' t lose any revenue from parking and then it will open op - give a wider swing to the trucks so they can back in easier than they can now. CHAIRMAN TOMLAN� Would you identify yourself for the record? ' MR . CARLETON� My name is Richard Carleton, I ' m Production Director at the Ithaca Journal . MR . BOOTH� This is a parking space just east of the present ' entrance? MR, TALLMAN� That is correct . ' ` MR, CARLETON� Yes . MR, HEAVER� Have you the agreement of the Traffic Control people . on that change - is it possible? ' MR. CARLETON� Yes, Chief Herson had written a letter stating . that the City should eliminate that meter but knowing that we were going to pot this addition on, we then - in communications ' with the City as far as moving that meter op - we are willing to let them move that meter op and change the curb so that they won ' t lose this parking space. I know that Chief Herson did write a letter saying that they should eliminate that meter , so ' BZA MINUTES 6/3/85 PAGE4+ 42 the trucks can back in better ^ MR . NEAVER*+ You are going to get a change in the curb cot? MR^ CARLETON++ Yes* CHAIRMAN TOMLAN+# Well I realize there is no parking deficiency being incurred here by the proposed suggestion, I was wondering if you could address how - what seems to me - an obvious loss of parking space on-grade, whether in fact there is any proposed -one could imagine - I ' m just painting a scenerio - I ' m not say- ing that it is necessarily true - that the proposed addition by releasing the congestion - would allow the Journal to expand the number of personnel , for example - which would further increase the parkin8^ Could you address that just briefly. MR. CARLETON1 It is possible that we are looking to hire a couple more people to run this machinery - we can use the storage for - a lot of our people do not park on premise now and they use parking ramps or Woolworth ' s parking - some of them park down the ' street and walk op - they park down (unintelligible) it is not . metered - and walk up . There is - the Eagles are considering ' ` selling their building and I was approached on that and we told them yes we would be interested - and for the right price - we would be willing to tear that down and increase our parking. There is nothing definite on that^ CHAIRMAN TOMLAN44 Further questions? MR, BOOTH*+ Yes, I have a couple. The tractor trailers will poll Lip along side the building or they will poll op into the parking lot and then they are loaded - off-loaded into what doors? ' ^ ' ^ _ BZA MINUTES 6/3/85 PACE4� 43 MR. TALLMAN'+ The tractor trailers follow the same pattern. They back in to the loading dock , if you will note it on your plan, so they have to jackknife and come all the way back^ MR, BOOTH'# Right, okay. MR. TALLMAN++ It didn ' t used to be such a problem until they started using those monster trucks from Canada . MR, BOOTH++ They will still do that . MR. TALLMAN'# They will still do that but we ' ll help the situation number one, by widening the space by going parallel parking on the west line, making that area wider and also by moving that parking meter , they can get in closer before they start to ^ ^ ^ MR. BOOTH++ So they are not going to use this new addition directly? MR, TALLMAN++ That is correct^ MR. BOOTH*4 All right . The new addition is for storage? MR, TALLMAN'+ That is correct, MR~ CARLETON| Basically for storage and there is a small machine that is going to be moved in there - it is stretcher-trimmer machine, MR. BOOTH++ So that the statement that the addition is . desperately needed to provide off-street loading/unloading is not correct? MR^ CARLETON+4 Well there is in the back end of it, there is an elevator that would drop a forklift down to the street level so ' that we can 8o out to the street and unload a truck if it can ' t . ` BZA MINUTES 6/3/85 PACE� 44 get in, so that he is not blocking traffic - we can go out and take a skid off from a truck and 3o back in the building with it. MR, BOOTH� Across the sidewalk? MR^ CARLETON� Yes ^ Out the driveway, MS^ FARRELL� Go the truck just parks along the . , ^ ^ ^ MR. TALLMAN� These are not tractor trailers are they Dick? MR, CARLETON� Yes, it would be for tractor trailers, if necessary . We don ' t plan to go out to the street unless it is an emergency - the trock can ' t get in because something is. , ^ ^ MR. BOOTH** Well I ' m trying to figure out, and I haven ' t been able to, what kind of doors are in this building and what is the facade of the building going to look like along Green Street? MR. TALLMAN� I think that is in your packet, MR. BOOTH� Well they are pretty faded, CHAIRMAN TOMLAN� They have been xeroxed too many times^ MR . TALLMAN� The brick will match the existing press room - it will be that buff or not buff but salmon colored brick^ MR* BOOTH� I read that, will there be any entrances on the . facade facing Green Street? MR, TALLMAN� No, A fiberglass insulated window - there are two now in the existing south and we are going to reuse just one of them. One will move to the new south elevation. MR ^ BOOTH** So there will be a window ^ , ^ , . MR* TALLMAN� Right , MS * FARRELL� That is what this is? MR, BOOTH� Is that what that thing is? ' _ BZA MINUTES 6/3/85 PACE4o 45 MR. TALLMAN'o Similar ^ Well actually we are using the material - one of the units that is now there. MR. BOOTH'# So there will be doors in this new addition on the west side of it? MR^ CARLETON'+ There will be one door for the fork lift that can get out at street level and there is the door where Bob mentioned - where our drivers deliver - for the newspaper drivers - will load and unload as the papers come off the press^ They will line op in the parking lot and load, ^ , MR, BOOTH'+ So from Green Street you are going to be looking at a plain brick wall with a window in it? ' MR* TALLMAN'+ That is right, MR* CARLETON'* And it will look much better than what we have right now^ MR* TALLMAN'4 Also to clarify, the trucks that are delivering the material that ' s going into this lift, on the west side, can also - they are not tractor trailers, generally speaking, they are brin8in8 smaller deliveries and they can poll in parallel to those parallel parking spaces on the west and be unloaded from there as well , CHAIRMAN TOMLAN'+ Further questions? ' , MR. NEAVER*+ I ' d like to clearly identify the parallel parking ^ you are going to create, Is it parallel with the east side of American Demographics parking lot? MR, TALLMAN#+ Yes, that is correct. We can get five cars along ' there. ' i ' BZA MINUTES 6/3/85 PAGE** 46 MR, BOOTH� And still get a tractor trailer through? ' MR. TALLMAN� Oh yes^ It will be wider than it is now* We are going to gain ten feet of width^ CHAIRMAN TOMLAN� That is the section where you essentially have . diagonal parking at the present time? MR, TALLMAN� Yes , we have about a thirty de8ree^ , 4 MR. HEAVER** You have gained about ten feet. MR^ TALLMAN� Yes, right. MR. CARLETON� We have gained ten feet on that side and when we . cot the curb ^ ^ ^ , on the other side^ CHAIRMAN TOMLAN+0 Further questions? Thank yoo^ Is there anyone else who would like to speak in favor of granting this variance? ' (no one) Is there anyone who would like to speak in opposition to ` granting of this variance? (no one) If not, it is all oors^ . , ^ ^ ` , BZA MINUTES 6/3/85 PACE*, 47 DISCUSSION ON APPEAL NO, 1626 123 N^ STATE STREET MR. BOOTH'# (changed tape here, missed some of the discussion) is a back yard or a front yard. CHAIRMAN TOMLAN+0 Or a side yard* MR^ BOOTH'4 The interesting thing here is that -- well on Greer, Street* . SECRETARY HOARD+# ^ . ^ ^ through the back lot - it has a front yard and a back yard and the back yard is the yard opposite the principal address. They are using State Street as their address so that makes Green Street their back yard^ MR, BOOTH+* Is that making os adhere to (unintelligible) substance in this case? Does that have a practical importance in some cases? SECRETARY HOARD++ How can I answer this without saying I didn ' t write the Ordinance? CHAIRMAN TOMLAN++ You said it quite well . MR^ NEAVER*+ There is another answer ^ No^ SECRETARY HOARD'+ Well I think in some areas it could make a difference - where you don ' t have a - where you have a front yard setback requirement and where you have a greater rear yard requirement. MR. BOOTH++ Correct, if there were a front yard requirement on Green Street, this obviously would be important^ But the reason for the back yard requirement was eliminated when they built across that center line somewhere^ MR. NEAVER*+ You are talking about the principal business ` ' BZA MINUTES 6/3/85 PACE4. 48 district reason? Both back yards are Sone as far as a practical matter . SECRETARY HOARD+' Now if you have a Fire Chief on your Board that ' wants alleys so you get access to the building, this kind of thing would block it. But in this particular case, the State . theater and the Haunt woold pretty much block everything there ^ ' As you 8o east you don ' t find any alley until you get to - . well there is a little socket that has been closed in where there used to be an alley ^ CHAIRMAN TOMLAN� Well I ' ve heard some comment about the rear yard and the rear yard deficiency, would someone like to speak to the percentage of lot coverage? MR* NEAVER'# Well the percentage of lot coverage - there are two different percentages allowed it seems to me. At the same time you say that the rear yard has no practical application in the instant case" one hundred percent lot coverage does little, It seems to me that the intent was to allow one hundred percent lot coverage except for the requirement of the rear yard, which was an indefinite amount, not knowing the dimensions of the lot, It seems to me that one hundred percent lot coverage - you either allow no rear yard and one hundred percent lot coverage or you don ' t. MR. BOOTH++ Well does that waive the load - there is a lot of open space on this property* MS. FARRELL'+ Which they need for some parking requirements, right? _ BZA MINUTES 6/3/85 PACE� 49 MR . NEAVER� I agree. CHAIRMAN TOMLAN� Well it would seem that we are close to a motion? MR. BOOTH� I know we are not a design board but let me ask a question that I am curious about - it is one of those design types, Is this kind of frontage wall on State Street reasonably attractive? CHAIRMAN TOMLAN� You mean on Green Street? MR , BOOTH� On Green Street, excuse me* CHAIRMAN TOMLAN� For the rear of a building, yes. MS, JOHNSON� At least as attractive as asphalt and chain link? CHAIRMAN TOMLAN� That ' s right, given the alternative. MR . BOOTH'* My layman sense concurs with that ^ MR, NEAVER� Do you want them to pot shutters on the window? MR^ BOOTH'* No, no, I jost^ ^ ^ MS, JOHNSDN� A little window box with geraniums. CHAIRMAN TOMLAN*+ We could pot a mansard roof if you would like. Do I hear a motion? ' . / ` . -- BZA MINUTES 6/3/85 PACEI", 50 DECISION ON APPEAL NO* 1626 123 NEST STATE STREET The Board of Zoning Appeals considered the request of The Ithaca Journal for an area variance to permit a one story addition to the rear of the existing building for storage and loading of printed material . The decision of the Board was as follows'f MR, NEAVERO# I move that the Board grant the area variance requested in appeal number 1626, with the condition that five (5) parking spaces be provided parallel to the west boundary of the property, MS , FARRELL4o I second the motion, FINDINGS OF FACT ++ 1 ) The rear yard requirement in this case would not accomplish what appears to have been the original goal for rear yards in the principal business district^ 2> As a practical matter , to maintain the ten foot rear yard would have the effect of a ten foot setback on Green Street which is contrary to the present usage of the other buildings immediately east and west of the instant property^ 3) The practical difficulties of providing adequate space for the business have been demonstrated^ 4) The rearrangement of the parking will improve the access to the loading dock and might relieve traffic congestion in the � 100 block of Nest Greer, Street^ 5) The proposal will retain a considerable amount of space on the undeveloped part of the lot^ ! ' BZA MINUTES 6/3/85 PACE� 51 6) The Zoning Ordinance provides for no front yard setback requirement on Green Street. VOTE� 6 YES; O NO GRANTED WITH/CONDITION � BZA MINUTES 6/3/85 PACE** 52 SECRETARY HOARD4# The next appeal is APPEAL NO^ 1627 610 NORTH AURORA STREET Appeal of Tom F . 8 Clotilde E. Peters for an area variance under Section 30^25, Columns 10, 11 , and 12, to permit the construction of a one- story accessory structure in the rear yard and the relocation of an existing stairway at the rear of the main hoose into the north side yard^ An existing accessory structure of equivalent size to the one being constructed will be de- molished* The property is located in an R2a (Residential , two-family) Use District in which the construction is permitted; however under Section 30,49 and 30^57 of the Zoning Ordinance the appellant most obtain an area variance for the existing and created deficiencies before a building permit and Certificate of Occupancy can be issued* MR, PETERS+4 I ' m Tom Peters, co-owner of the property at 610 North Aurora Street* (tape recorder was not turned on for a few statements at this point in the tape) The mere destruction of that structure [the one to be demolished] at the moment has im- proved the site of the barn no end* It is a beautiful old -per- haps one of the most beautiful barns in the City of Ithaca, at ' ` the moment. It is a two-story structure, built about 1910 -al- most a cube with a pitched roof on it and a nice gothic window^ Simply removing the structure which completed the front of it and jogged it down to a one story building, the removal of it has improved the view of that barn - the appearance of it^ By moving the workroom - by turning it ninety degrees, I can also move it back from the rear lot line as would be required by Code, to the three foot from the rear line instead of the between six inches and one foot which it is at the moment, That would not change ^ BZA MINUTES 6/3/85 PAGE*, 53 the distance of the barn itself, from the lot line, which is still non-conforminS^ However , the new structure would then con- form^ That is one of the things we are proposing to do* The second thing is to torn the existing outside stairway to the op- stairs rental apartment, which runs along the west side of the building and thus blocks it from the 8arden^ The west side is, essentially two kitchens, one above the other and some smaller rooms which were added on, I believe, in the 1930 ' s and 40 ' s, they are at the moment, not very beautiful . For those of you who have seen the hoose from the front, it is a rather nice old vic- torian hoose - from the back, it has a more or less typical added on appearance that one sees in many of these houses. By turning this stairway , the appearance of that side would be substantially improved - would permit, at a later date , to pot a window - a further window into the kitchen and thus Set a view onto the nice back yard lawn that we have and wish to use in conjunction with the hoose^ At the moment, the connection between the hoose and ` the back yard is rather difficult as it is in so many of the . hooses in Ithaca, which essentially front the street and not ' their back garden or yard^ He would like to improve that. The turning of the stairway will permit os to firm op the border on ' the north side of the property which at the moment is at its min- ' imom - five feet - which is the conforming distance from the . property line and that is the small addition in the back - well back from the adjacent hoose and a bay window which jots out to that line . Beyond that, it is about eight or nine feet from the , ^ . BZA MINUTES 6/3/85 PACE** 54 lot line - from about where the neighboring begins right to the front of the property. What we would like to do, besides turning the stairway, which would then end well behind the neighboring building, so the stairway only starts after the adjacent building ends, it doesn ' t front onto the view of our neighbors, What we would like to do is pot in either flagstone or a concrete slab, depending on what the costs are -walkway to the front and firm op the border line so that it improves the appearance, At the mo- ment, as I wrote in my explanation, it ' s a rather back lot situa- tion - back side situation of the house* He have - Mr , Hoard has received two letters in support of this - one a letter which I did not solicit, by the way, and one petition which I didn ' t so- licit either . I don ' t know if you are planning to read them or not, but I feel a little embarrassed by the last paragraph of the letter and I just wish to state - where the fact is referred to that my wife is a foreign national and she will be able to write home to her co-born nationals, if this is granted, how nice peo- ple are in the United States where they temper law with whatever ~ I feel embarrassed about that and I just wish you to know that I ' didn ' t solicit anything in this connection. . SECRETARY HOARD'+ Hell , you know how those politicians get when ' they run for office. MR . PETERS'# Yes, MR. NEAVER'+ Some of os are familiar with the candidates, MR . PETERS*# Okay^ I just wanted to state that I am a little embarrassed by the way or form that took, I welcome the support ' BZA MINUTES 6/3/85 PAGE4* 55 but ^ ^ , CHAIRMAN TOMLAN'f Questions from members of the Board? MR, BOOTH'+ You could pot the sidewalk on the side now, presombably, It doesn ' t require the moving of the steps^ MR ^ PETERS*+ It would have no sense at all because it would end Lip underneath the stairway so that you would have - as you look at the plan as it is at the moment, it would end op underneath the landing of the staircase. Let ' s see, the present stair is dotted in on the plan for proposal 2 and that - what exists at the present is the present stair op to the landing - that little square to the right of the present stair - and then the little 'o8 downwards on the plan op to the entrance to the second story apartment. So by putting in a sidewalk, of course I could pot one in there but it would serve no purpose whatsoever . MR* BOOTH'* Well You could move somebody around to the back of your house* I ' m just saying - sidewalk is your choice, thought, it is not something that you cooldn ' t do now, or planting or some other way, firm op the north property line^ MR, PETERS'§ True, but it wouldn ' t serve much porpose ^ CHAIRMAN TOMLAN+4 Further questions? MR^ PETERS*+ It is more a statement of intent really than necessity . MS^ JOHNSON++ On the last page of your drawings, the bottom of that is the front elevation? MR* PETERS4+ Yes, that is the east elevation of the proposed shed, the proposed workroom. � � | | | � / _ ___________________ BZA MINUTES 6/3/85 PACE0* 56 MS. JOHNSON*# The proposed workroom. If it were facing north it would be the same? MR* PETERS*+ I haven ' t decided what to do there, MS, JOHNSON'+ And this is the roof of the shed - that would be^ ^ , MR. PETERS! That ' s ri8ht ^ That is the same configuration as it has at the moment - to the right would be the barn at present^ MS, JOHNSON++ Oh, I see, okay. CHAIRMAN TOMLAN4+ Further questions from members of the Board? Thank you Tom * Is there anyone else who would like to speak in favor of the granting of this variance? (no one) Is there anyone who would like to speak in opposition to granting this varianct? Come forward please^ MR. HEFFNER'+ My name is Bill Heffner and at the moment I don ' t live at 614 North Aurora~ Hopefully July 1st we will closing on the property and own 614 - the hoose immediately to the north. I am in the unenviable position of meeting my neighbor at an appeal board hearing, My wife and I are looking at what Mr . Peters wants to do and have come op with three concerns* I wrote a let- . ter to that affect, I don ' t know if everyone has a copy of that - we dropped it off this mornin8^ SECRETARY HOARD++ It was dropped off this afternoon and the Board members do not have a copy. MR, HEFFNER++ This afternoon, okay, One of my problems in the lateness of this is the owners of 614 at the moment are in Minne- sota and live in Minnesota, We received notification of this last Tuesday and have been scrambling since then to find out what | ' ' BZA MINUTES 6/3/85 PACE*+ 57 to do about it, In the letter we have three concerns. One is space - the distance between 610 and 614 N. Aurora is not expan- sive. The north side of 610 is the south side of 614. Any addi- tions to the north side, which is already close to the property line, would be uncomfortably tight ^ This would reduce the expo- sore of the already small side lawn and driveway to sunlight. We have an aesthetics problem that at 614 North Aurora has two apartments, an upstairs and a downstairs apartment - both their living rooms face south~ This involves six windows and half a front porch^ He are concerned that this request would bring into current view a hidden structure both from the hoose and from the street, This structure would interrupt the current neat, clean, inconspicuous lines of this gracious home which is 610 ^ MS, FARRELL'+ Could you explain that a little bit, I am not following that, MR, HEFFNER++ Certainly ^ What is Mr * Peters ' north side ^ ^ , MS^ FARRELL'# You are right here, right? MR^ HEFFNER'+ Yes, that is os ^ MS^ FARRELL'* Okay, so Your living room is looking oot^ , ^ MR^ HEFFNER'f We have a driveway that is in between, which separates the two* MS^ FARRELL++ Okay* MR, HEFFNER** Okay, And so the living room windows both the op- stairs people and the downstairs people, which we will be living downstairs, face that direction, What I am hearing right now - which is nice - is that the stairwell itself will be set way back � BZA MINUTES 6/3/85 PACE'+' 58 from the street in the staircase, but we would still see the hoose part which would be nicer than an exterior staircase to see * Probably of most importance, the biggest concern my wife and I have, is the traffic. Moving this - repositioning this staircase would reroute tenant traffic from what I assume is down the south side of 610 and that traffic will now be rooted between the two buildings, 610 and 614 and our concern is that this would, despite walkways , expose the driveway and side lawn of 614 North Aurora Street, to the use by those tenants, thereby reduc- ing the privacy of the hoose and mana8ability of the southern side - that small lawn that is there* We realize that at this ' moment we do not own 614, however we will be owners, residents, and property improvers in about four weeks. Therefore, we would greatly appreciate that we are allowed to speak as being within two hundred feet^ MS^ FARRELL++ So your problem is with the stairs, not with the workroom? MR. HEFFNER*+ No, I think the workroom is great idea, I hope ' that he will be able to get that but the staircase - the changing of that staircase brings the structure more into view from the street and to our hoose that it is not now^ And it would also reroute traffic - daily traffic and then moving in and out which we have concerns aboot ^ CHAIRMAN TOMLAN*+ Further questions? MR, BOOTH*+ Jost so the record is clear , YOU have a binding contract to boy this house and you are moving towards closing? - BZA MINUTES 6/3/85 PACE',' 59 MR, HEFFNER'+ Yes . We will know within a day if the bank will Sive os the money , CHAIRMAN TOMLAN'+ Further questions from members of the Board? Thank you. Is there anyone else who would like to speak in opposition to the granting of this variance? Tom, if you have something to rebut, now is the time^ MR, PETERG+# It is more clarification than a rebuttal as to tenant traffic. The proposed stairway leads right under our bedroom and therefore I think our concern with tenant traffic is, of course there too. However the people we choose to be tenants in the hoose in which we live are chosen for their compatibility and also for their qoietness^ We have one and presently also, two very small children in the hoose and therefore we choose our tenants accordingly, There would not be a great deal of noise^ The neighbors ' living rooms face that direction, not their bedrooms^ It is our bedroom that faces in that direction, The neighbors hoose, in clarification, is about twenty five feet from � the north facade of our hoose^ There is a driveway, a side lot, ` an extra wide side lot at that point - driveway and then the ' neighboring house. ' CHAIRMAN TOMLAN** Further questions? MS, FARRELL*+ Would you be willing to consider the stairway and the workroom separately if it comes to that? MR^ PETERS*+ I proposed them separately, I would like them considered separately, ' CHAIRMAN TOMLAN*0 Thank you Tom. . BZA MINUTES 6/3/85 PACE*+ 60 MR^ SCHNAB*+ Let me ask you just one qoestion^ There is two driveways then, between the two, , . MR. PETERS*# No. There is the neighbor ' s driveway, and our extra wide side lot which is conforming at these points here, these five feet and here it is about eight to nine , ^ ^ MR. SCHNAB*+ And your driveway is here? MR * PETERS** Our driveway is there . MR, SCHWAB** Right, So you would expect the tenants would start walking this way. MR. PETERS+# Certainly, yes, Pedestrian traffic, MR^ SCHNAB*+ Right. MR, BOOTH++ Where do the tenants now walk? MR^ PETERS'+ They walk along our driveway, across the west front of the hoose, which is the reason we wanted to torn it around because of the west ^ ^ , CHAIRMAN TOMLAN++ Thank yoo^ I believe it is our torn. Do you have a letter or two? SECRETARY HOARD++ Nell , you have already read the letter that was ' referred to by Mr , Peters and Mr ^ Heffner has read his and so it leaves the neighborhood petition^ "Ne, the undersigned neighbors of Clotilde and Tom Peters at 610 North Aurora Street, wish to ` express our support of their zoning variance appeal number 1627 ^ We are in agreement with their plans to realign the workroom in their back yard and relocate the rear stairway, We ask that the ' Board of Zoning Appeals grant the variance^ It is signed by . Donald Lifton of 605 North Aurora, Linda Lifton of 605 North ^ BZA MINUTES 6/3/85 PACE� 61 Aurora, Rosanne M^ Beach, of 603 N, Aurora, Celia Slocum Blair of 601 N. Aurora, Dan Hoffman, 607 N ^ Tioga Street, which is in back, Curtis and Margaret Pfaff of 527 N, Aurora, Carol A , Beach of 603 N. Aurora Street and Richard Berg of 607 N. Tioga Street, " There was another letter in favor but I think you all received a copy of it^ CHAIRMAN TOMLAN� Comments? SECRETARY HOARD� No, maybe you didn ' t receive this one because it went to Planning and Development Board and I just Sot it today^ It is from Mrs. Evelyn S^ Fox of 604 North Aurora Street ^ "I am heartily in favour of the above being given a variance of any regulation necessary to make the changes at the property at 610 N, Aurora Street. " CHAIRMAN TOMLAN*+ Heartily in favor . SECRETARY HOARD� Underlined, ' CHAIRMAN TOMLAN� Underlined, with emphasis^ | � / | ` / � ` / / ' BZA MINUTES 6/3/85 PACE*4 62 DECISION ON APPEAL NO, 1627 610 NORTH AURORA STREET The Board of Zoning Appeals considered the request of Tom and Clotilde Peters for an area variance to permit the construction of a one-story accessory structure in the rear yard and the relocation of an existing stairway at the rear of the main hoose into the north side yard ^ The Board divided the appeal into two parts; decisions as follows*4 MR, BOOTH4* I move that the Board grant the area variance with respect to the workroom relocation and reconstruction. MS, FARRELL*4 I second the motion^ FINDINGS OF FACT "' 1 ) The proposal is consistent with the character of the neighborhood and of this particular property^ 2) It will reduce the existing deficiency which the existing barn and workroom created^ VOTE ON 1627A+4 6 YES; O NO GRANTED ' ' ^ ^ BZA MINUTES 6/3/85 PACE .' 63 DISCUSSION ON APPEAL NO . 1627B 610 NORTH AURORA STREET CHAIRMAN TOMLAN� This will be 1627B with respect to the stairs . Are there again practical difficulties or special conditions or does the exception observe the spirit? MR, SCHNAB� The stairs create the deficiency where none existed? Is that correct - on that side yard? CHAIRMAN TOMLAN� That is good. Helen is right with you there - keep it coming^ MR^ BOOTH� A little over a foot deficiency I 8oess, MR ^ NEAVER� I want to enter the fray of semantics. The percentages of the minimum requirement is a substantial percenta8e^ Thirty-five percent^ ' ' ` ` BZA MINUTES 6/3/85 PACE� 64 DECISION ON APPEAL NO* 16278 610 NORTH AURORA STREET MR, NEAVER� I move that the Board deny the area variance to relocate the existing stairway, MS. JOHNSON� I second the motion^ FINDINGS OF FACT� 1 ) There was not a showing of practical difficulties in living with the existing arrangement for egress from the second floor ^ 2) To grant the variance would create a side yard deficiency where one does not now exist^ 3) It would create a side yard deficiency of approximately 33% of the minimum requirement. VOTE ON 1627B 6 YES; O NO DENIED BZA MINUTES 6/3/85 PACE4+ 65 SECRETARY HOARD'* The next appeal is APPEAL NO, 1628 302-04 NEST SENECA STREET Appeal of Ronald F . Ceorvels for a use variance under Section 30,259 column 2, and an area vari- ance for front yard parking under Section 30^37 of the Zoning Ordinance, to permit conversion of the former gasoline service station at 302 Nest Seneca Street to a professional office boildin8. The property is located in an R3b (Residential multi- ple dwelling) Use District in which the proposed use is not a permitted use; therefore the appel- lant most obtain a use variance before the build- ing can be converted. There is also the possibil- ity that it may be necessary to provide some of the parking within the required front yard; in that case an area variance would be required to permit parking in the front yard, DR ^ CEURVALS*+ My name is Ronald Ceorvals and I reside at 214 Tudor Road in Ithaca. As stated, the appeal is in two parts, the first part is for a use variance for an existing gas station at this point in time at 302 Nest Seneca Street, The gas station has been vacant since January of 1983 at which time the Gulf Oil Company which, at this point is still the owner of the property, ' polled out of Upstate New York, including all of their retail holdings and their existing terminals were closed in New York State^ Basically the appeal for the use variance is based on the hardship of the Company not being able to sell the property as its existing user which is for a gas station, Gulf has not been the only Company which has found it economically unfeasible to remain in New York State and so potential buyers of the property in the gasoline business really don ' t exist^ There was another Purchase offer made for the property for a twenty-four hour con- ' venience store and that was denied by this Board in 1983. Basic- BZA MINUTES 6/3/85 PACE4* 66 ally the, as stated, use is for professional office and initially to be occupied by two or three dentists at this point in time . Up until approximately a month and one-half ago when I first ap- proached negotiations for this property, what we had proposed was . an allowed use in this particular zone and Common Council - ap- proximately a month and one-half ago - did change the zoning law to restrict doctors and dentists from this particular zone. As I understand it, the spirit of that change was to prevent residen- tial homes, properties, from being purchased and being converted to offices, which would be occupied only part of the day and sup- posedly closed op and absentee owners during the evenin8^ So this, as I understand it, wasn ' t the intent of the change in the zoning law, Right now the property, as was stated, is a vacant gas station which, at this point in time, is fairly unattractive and serves as a daytime parking lot, for the most part^ If any- one has observed it during the day, it is generally occupied by a number of cars, totally filled op with, I assume, people who work in the area and use it strictly for that use. Basically during the day it would have somewhere between eight to twelve employ- ees, depending on how many people - how many dentists do occupy the building. At this point in time, the second part is an area variance, if you look at the site plan, we have two front yards^ The yard facing Seneca Street and also the yard on Albany Street^ As proposed, our front door , or access to the office would be on the Albany Street side and, as I understand it the Ordinance states that in this area, you can only use twenty-five percent of l � ' \ / BZA MINUTES 6/3/85 PACE'#' 67 that length for parking, which would produce three, possibly four parking spots in that area^ And as it is set op now, we would just leave enough room for three^ If possible we would like to make the front a little bit more accessible especially for handi- capped and elderly which do make op a large number of our patient population and make it a little easier and more accessible for them^ I think, as far as the requirements for parking goes, there is sufficient parking in the rear and the north face to meet the requirements for the size of the building and the number of people occupying it^ I think that pretty well covers every- thing that I have to say. CHAIRMAN TOMLAN++ Questions from members of the Board? MR^ SCHNAB*# I guess I ' m not clear - this is plan one that you are looking at here? ' DR. CEURVALS++ This was a plan, to be very honest, was the architects pot together on fairly short notice^ Changes, in essence we are open to changes if there is anything that is very / objectionable to the Board^ ' MR, SCHNAB+O I ' m just worried about the parking. You said three you thought were allowed here, and I only see three ^ ^ ^ ' DR^ CEURVALS*+ Okay, marked in as it is now it would be possible ' to close op one of the curb cots and produce more spaces. ^ MR. SCHAAB#' And that is what you would like to do? DR^ CEURVALS*+ Yes^ MR. SCHNAB+* I see. So you would like to close op, ^ , the one ' closest to Nest Seneca? BZA MINUTES 6/3/85 PACE*� 68 DR . CEURVALS*+ Yes^ ^ ^ that would be the south curb cot ^ But we drew it in as existing at this point in time, If possible, if this was passed, we would like to be able to offer more spaces in the front of the building to cot down the distance the patients would have to walk^ MR, SCHWAB** That would get op to two more spaces in? DR . CEURVALS'4 Yes^ CHAIRMAN TOMLAN++ I might ask in general how you feel about the recommendations of the staff of the Planning and Development Board meeting wherein they suggested that the site plan be re- vised to provide ample and substantial landscape buffer on the north property line to eliminate ti ie curb cots at the corner and reduce the size of the building - that is specifically want you to address and the number of parking spaces^ I refer to this because in part the - as I understand it - others may have a dif- ferent feeling - the intent of Council in making that switch was not simply that the buildings themselves remain, in a sense, res- idential use, but they are also very concerned - from what I un- derstand - about parking, just the amount of parking which doctors offices - professional offices in general , seem to be creating in the neighborhoods. So it is simply - I think it is . background to the comment I would like you to address insofar as ' the size of the building, for example, that you have - the thoo8ht of maybe eight to ten employees - which could it be, less? How far are you along on that? DR. CEURVALS'+ Okay, I have a - at this point in time - a commit- BZA MINUTES 6/3/85 PAGE .' 69 ment from one other doctor . If he is the only individual , we will scale down the size of the building. I ' m not going to pro- vide - from an economic standpoint - space with the hope that ` someone else would be interested. There is a possibility of a third associate expressed a possible interest, okay, and we left it, you know, open from that standpoint. The size of the build- ing and all of the setbacks are the way it is proposed or within the - what would be allowed within the Ordinance - I think I am clear on that, I sat down with Mr . Hoard, ^ , SECRETARY HOARD� Yes. DR, CEURVALS� Okay, so from that standpoint it would be accept- able . And even without the additional spaces in the front I think with the cycling we can provide the required number of spaces in the north face and in the back of the boildin8^ As far ' as screening is concerned, I have absolutely no problem with pro- viding that - I have spoken to the neighbors which adjoin that ' ^ property and have had absolutely - op to this point - had no op- position to it - to that conversion and to provide screening , -there is quite a bit of growth on the north face as it is right ' now and I ' m not opposed to landscaping - I plan to do the land- scapin8 to improve the appearance of the whole property . CHAIRMAN TOMLAN� I notice that the property immediately to the west makes use of the lot for access to parking in its back yard. Is there an easement of any kind to this ^ ^ , DR. CEURVALS� There is a nine foot easement, ^ CHAIRMAN TOMLAN*# And where does that sit on your property? ' ^ ^ BZA MINUTES 6/3/85 PACE.' 70 DR . CEURVALS*4 On my property * CHAIRMAN TOMLAN** I see, DR, CEURVALS'+ And that was something that I verbally had a discussion with Mrs. Everts - who owns that property - and we made it clear that I have no plans or desires to interfere with that - that would be maintained^ CHAIRMAN TOMLAN++ Further questions? MS~ FARRELL'+ When the Planning Board was talking about the corner curb cot, was that the one toward the north? DR. CEURVALS+' I think it is - the one they made the biggest reference to is the one on Albany Street - on the north face, okay? Whether it also included the east one on Seneca, I am not entirely sore and that wasn ' t made clear to me at the meeting, MS . FARRELL** Okay ^ MR^ BOOTH++ In terms of the existing buildings, how big is it compared to the new building as it will be built? When you take the existing buildings, what percentage of the new building will . the existing building^ , , ` DR^ CEURVALS�4 At this point in time it is a thousand square feet ^ The addition that we are proposing on this site plan is for an additional fifteen hundred , Go that would make it approx- imately two fifths of the proposed* Bot, as I mentioned, this would be scaled down, depending on whether we have a commitment from a third or not. MR. BOOTH++ There are a number of other uses that are allowed in ^ the R3 zone. Have you explored the economic feasibility of those ' ' BZA MINUTES 6/3/85 PACE: 71 other uses? DR, CEURVALS! For my particular use, I have no interest in the property other than for this use. To . ^ ^ SECRETARY HOARD: He is the buyer ^ , ^ ^ MR^ BOOTH: No, I understand, I understand. DR, CEURVALSt My purchase offer is contingent on obtaining this use and if it is denied then the offer is void^ MR. BOOTH: So you don ' t have any information about the economic feasibility of other uses? DR^ CEURVALSt No . MS, FARRELL: When you talk about the size of your addition, it would be built under what is the present extension^ , ^ ^ DR^ CEURVALS: Exactly, There is an existing canopy which struc- turally - I have had it examined by two contractors and they both agreed that it is structurally sound and could be used for a roof and so whatever would be added would be added within the confines of the existing canopy. MR, BOOTHZ When you say the spirit of the amendment was ' subsequently related to protecting (changed tape here and missed | ' some of the discussion) that is what I recall - I don ' t have a ` copy of that, that is why I was asking. So the chart has now ` been specifically changed? ' SECRETARY HOARD: Yes. MR. BOOTH: That was my recollection . . SECRETARY HOARD! Well one of the things that was of concern was that doctors and dentists would outbid residents for the housing ^ BZA MINUTES 6/3/85 PACE: 72 in the downtown and I don ' t think that is the case here where we have people wanting to boy this property to convert it to a residence, MR. WEAVER: It wouldn ' t be a very crowded auction if the only use was residential , MR, BOOTHZ I understand that but even if that may have bleen the intention, the amendment was evidentally quite a bit broader than that - the purported intention* Correct? SECRETARY HOARD: Broader? MR. BOOTH: Well if medical and dental buildings, or whatever this term is, has been deleted completely - that ' s^ ^ . ^ ^ CHAIRMAN TOMLAN: To return to the - the thing that keeps coming back to my mind is that you are not really wedded to the physical structure as it stands in any way , you are expandable to some degree? With the canopy^ ^ ^ DR, CEURVALS: You mean the cycling? ' CHAIRMAN TOMLAN: Right^ Insofar as - you ' ve got an existing building and it is essentially a very simple straight forward structure and you have a canopy which you are trying to use make use of the canopy but you ' ll accept any kind of variation, percentage of that canopy being used or some variation there? DR. CEURVALS: To a point^ If it is restricted to an extent where it is economically unfeasible for construction - that would . be the only drawback. CHAIRMAN TOMLAN: Further questions? MS^ FARRELL: I just had a question. Has the curb cot the one on BZA MINUTES 6/3/85 PACE*' 73 the south? DR. CEURVALS*+ I think it was south . MS. FARRELL** Okay so that is the one on Seneca Street? DR. CEURVALS*# There are two on Albany, okay? The one that is most south is the one that they were opposed to, because of being so close to the traffic light, as I remember from the meeting, MS. FARRELL*4 Oh, okay ^ MR^ SCHNAB++ Which is what you said yoo would prefer to close it anyway? DR, CEURVALS'f I have no opposition and I would just as well close it and, if possible* . , MR^ SCHNAB*+ To get more parking places? DR . CEURVALS'# Sore, For being an office, the amount of traffic relative to being a gas station is greatly decreased^ In other words a gas station would have a greater use for these curb cots ^ I don' t really have that kind of need~ ` CHAIRMAN TOMLAN*+ Any further questions from members of the Board? ^ MR* NEAVER'+ As a practical matter , while the applicant is here, when the Planning Department or Board talked about landscaping, ' it escapes me as to just how you landscape the west boundary ' ' . where there is - what in effect is a right-of-way by both properties^ CHAIRMAN TOMLAN++ They were saying, Charlie, the landscaping on the north property line. They didn ' t care about the west^ MR. NEAVER++ They discriminate^ - BZA MINUTES 6/3/85 PACE*. 74 CHAIRMAN TOMLAN'*' That ' s right, Any further questions? MR . THEIGEN** I ' m Henry Theisen, the attorney for Dr . Ceorvals and I was wondering if I could make a clarification? CHAIRMAN TOMLAN44 Sore, all right. The next point is simply , ^ ^ MR^ THEISEN+* I would just like to make clarifications. In answer to Mr , Booth ' s question about alternate uses, although Dr ^ Ceorval hasn' t made studies, of courser because he is just a buy- er , but I think the existence of the structure and property there for over a year and one-half without a buyer sort of speaks for itself - that it has been for sale for all that time and there hasn ' t been any other buyer except an attempted purchase by a twenty-four hour store and I don ' t think - just looking at this building, as it is, it is pretty obvious that it is not one of those - it is not something they could find a lot of purchasers for ^ A second clarification on the curb cot is - the south - on Albany Street - the southernmost curb cut, Also I just want to mention that this is a unique property here in that it does have | a very limited use without substantially changing the - putting a | | new building op almost. That is for your consideration^ / DR , CEURVALS'+ Could I add one thing? That is - and this is ` probably a personal view point - and I say this in the appeal - I think we would be taking something that is distinctly commercial ^ unit at this point in time - being a gas station - I think with ^ ` the changes that we propose, it would bring it back a little bit . closer to what the community is surrounding it - rather than keep ^ it as commercial as it is right now^ Can I add one thing? I ` ^ ` BZA MINUTES 6/3/85 PACE*+ 75 . have one letter in support that was sent directly to me which I ' read at the Planning Board and I don ' t know if you want it read or submitted? CHAIRMAN TOMLAN'4 If you would submit it we will read op here, or you can read it, either way, DR. CEURVALS++ It is quite short and concise and I will be glad to read it^ It is from Mr . and Mrs^ William P . Morris - they live at 1422 Hanshaw Road and they own the property at 315 Nest Buffalo Street which is within two hundred feet^ It states*+ "Dear Dr ^ and Mrs^ Ceorvels, As owners of the rooming hoose at 315 Nest Buffalo Street, Ithaca, we think that converting the vacant gas station at 302 W . Seneca Street, Ithaca, to a profes- sional office for dentists is a very good plan, We also approve of your plan to convert most of the Albany Street side to off- street parking^ Parking lots can be landscaped, and do not need to be unsightly, He will not be present at the Zoning Variance Hearing, but you may use this letter if you feel it will help your cause. Sincerely, /s/ Elizabeth H^ Morris and Nm ^ P . Morris^ " CHAIRMAN TOMLAN++ If you would pass that forward so we can enter it into the record? Thank you. Any further questions from mem- bers of the Board? Is there anyone else who would like to speak in favor of the granting of this variance? (no one) Is there anyone who would like to speak in opposition to the granting of this variance? / BZA MINUTES 6/3/85 PACE** 76 DECISION ON APPEAL NO, 1628 302 NEST SENECA STREET The Board of Zoning Appeals considered the request of Dr , . Ceorvals for use and area variances to permit conversion of the former gasoline service station at 302 West Seneca Street to a professional office building. The decision of the Board was as follows*+ MS. FARRELL'� I move that the Board grant the use and area variances requested in appeal number 1628 with ` the following conditions'* 1 ) the owner provide an "ample landscape" ' buffer on the north property line and 2) the southernmost curb cot on the Albany . | Street face of the property be closed off as � a public passageway ^ CHAIRMAN TOMLAN+# I second the motion^ ` FINDINGS OF FACT4. ` ` ! 1 ) Because the property has been vacant for about one and ` ! one-half years there appears to be a hardship in using this ' i i property for a gas station, . 2) The proposed use would be a use more consistent with the ` residential neighborhood than would another gas station^ ' | | 3) The proposed use would be compatible with the neighborhood. � There is a city development one block south of a medical � facility and it would seem quite compatible with the present uses in the immediate neighborhood. � VOTE44 5 YES; 1 NO GRANTED WITH/CONDITIONS ' BZA MINUTES 6/3/85 PACE** 77 DISCUSSION ON APPEAL NO, 1628 (BEFORE THE VOTE WAS TAKEN) CHAIRMAN TOMLAN! Any further observations, comments, questions? MS, JOHNSON� I ' d like to amend it that the curb cot on the eastern curb cot on Seneca Street be eliminated as well and that whole corner be landscaped^ MR. NEAVER+# I was looking at that, there is a distinct differ- ence I think in the - if you are talking about the two nearest ' the corner , one is on a one-way street and would be down stream from the traffic control device. If you try to exit that close to a stop light there is a good chance that they ' ll sit and in- ' terfere with the flow of traffic at the intersection exiting so I would be less inclined to attempt that we further restrict it^ ' If it would accomplish more off-street parking, but I - their plan already provides more than is required and closing of the ` one curb cot would provide for at least another space^ I don ' t ' ' count them as at all equal as far as their interference with traffic at the intersection. ^ � MS, JOHNSON++ I don ' t either , I looked at it as more of an ` aesthetic consideration - you could then block out the entire . building from that view on Seneca Street - where you can buffer . MR, NEAVER'# We are still in discussion on this motion? ` CHAIRMAN TOMLAN+* He are, MR, NEAVER+4 My question is whether we are meeting a front yard parking requirement and whether we should be in agreement upon the plan there as far as the front yard parking is concerned (unintelligible) or whatever . ~ ' . BZA MINUTES 6/3/85 PACE** 78 CHAIRMAN TOMLAN*§ Well I hear you - it could still be another amendment if we can decide on what we are - specifically come to some agreement as to what we are asking. Again, within the Planning and Development Board ' s recommendation, the size of the building and the number, of parking spaces, in some sense, be dealt with. MS^ JOHNSON*4 Well they also ask that the curb cots at the corner be eliminated, MS, FARRELL** I don ' t feel strongly about that curb cot, I guess its - lets talk about it some more. CHAIRMAN TOMLAN'+ Okay . MR, WEAVER'* Well certainly they would have to - I ' m not out of order here? There would have to be a recasting of a parking plan if we get rid of that exit - both of those actual exits - both the east and the south nearest the corner . I don ' t know how you would do it - you couldn ' t - it seems to me there is not an appropriate turning grade to accommodate the direction of parking as planned, � CHAIRMAN TOMLAN+4 May I make a suggestion that at this point we could 8o forward - continuing to amend the motion or we could ask the doctor op here and see if we couldn ' t come to some sort of agreement as to specifically what changes would be appropriate or we could continue the case - and get another suggestion to get some sort of a solotion^ All suggestions - I ' m confusing the waters further . MR, BOOTH** I ' d better say what I am going to say, I think I am BZA MINUTES 6/3/85 PACE** 79 distinctly in the minority. I don ' t think there is a requisite showing for a use variance , I think the City Council has changed . the Ordinance - I ' m not sore why they changed it, I ' m somewhat ' pozzled by that - whether they intended as broad a change as they made. I am sensitive to and sympathetic with the argument that . this is a use more compatible than a gas station, but it is not a ' gas station anymore^ And a gas station can ' t be restored in there and I think^ , ^ ° ' SECRETARY HOARD'+ Yes it can, it has a variance, MR, BOOTH*+ How much time has gone by? SECRETARY HOARD++ It has a variance - a variance is perpetual . ' ' MR * BOOTH'# When it is discontinued? SECRETARY HOARD++ Only a non-conforming use is discontinued, MR* BOOTH** That is a strange interpretation, Tom, I think I will deliberate on that some other time^ Be that as it may, I think � that this is a ^ , ^ ^ you don ' t want me to read it now^ I think to establish a use which the City Council (unintelligible) out loud, the applicant has to come in here and show that each and � every use that would be allowed is not feasible on that property and I don ' t think they have - I know they have not done (unintelligible) as they could do^ SECRETARY HOARD*+ I think that you will also find in those brown books there that a gas station in a residential zone is a classic case where hardship is almost automatically shown * MR, BOOTH+* What hardship? SECRETARY HOARD*+ That the difficulty in finding a residential � ' BZA MINUTES 6/3/85 PACE*4 8O use for gas stations^ ^ ^ MR, BOOTH+# But there are a number of uses allowed on this property, that ' s the point. MS, FARRELL#+ What are they? What are you suggesting? MR . BOOTH'# Well I ' m not suggesting anything, I ' m suggesting that the standards of a use variance are very tough, MR^ WEAVER'* Let ' s play it - as dumb as I am - residential is the ' only use that I am aware of unless you are talking about a special permit* . MR^ BOOTH1 There are special permit uses. . MR ^ WEAVER'* In each case of a special permit, it comes to this � Board for a showing and not of hardship possibly but some sort of ' neighborhood and Municipal planning (unintelligible) progress and ^ I , by personal observation of the number of laondromats, etc. ` that now are on former sites of gas stations, I think there is a national finding that second hand gas stations are a drug on the ` market* If that doesn ' t create a hazard on the part of the owner ' / in trying to find a legal use for the property other than as a ' gasoline service station, I don ' t know where we would find a clearer one^ Not accepting that observation would require os to devise a scheme in which the owner came in and impressed os with the intents of his search for a buyer for an approved use and . probably that could be done^ We accept the word of a single ap- praiser - real estate agent - that the property won ' t move after a period of time. How many times does it have to be shown and how many customers don ' t show op to be interested I don ' t know. BZA MINUTES 6/3/85 PACE4+ 81 . We don ' t have a standard for that and I' m not uncomfortable with ' my own personal observation, MS^ FARRELL++ I also see a big difference between a use variance ' that is moving towards something more residential or one that is ' moving farther away^ I mean, there is certainly applications for use variances where people are claiming hardship and it is moving ' farther away - away from the Ordinance and I think this is moving closer toward it^ SECRETARY HOARD*+ I think there are some people in and around the ' 900 block of North Cayuga Street that wish they had this problem, The first case. / � MR, BOOTH*# I think the standards for a use variance are pretty clear and I don ' t think this meets them. That is my opinion so, , , we should go forward with the discossion° , , ^ CHAIRMAN TOMLAN4+ I ' d like to, I ' d like to hear from the other side of the table^ We are getting some readings pretty clearly on the one side, MR* SCHAAB++ Nell , as I understand it, the motion was to grant this with the landscape north and eliminate the curb cot on the south - southern curb cot on Albany Street, I ' m for going forward with that and vote^ CHAIRMAN TOMLAN'f Helen? MS, JOHNSON'* I feel the same way* I can appreciate Mr , Booth ' s concern but I agree with Tracy, this is moving in more aesthetically pleasing direction, CHAIRMAN TOMLAN'+ Could I ask those who have thought about moving � ^ / - BZA MINUTES 6/3/85 PACE4' 82 forward with the motion as it stands, whether in fact there are ' any further amendments they would like to make at this point? One last time^ He have amendments^ ^ MS, RUANE't Welly does the easternmost curb cot on Seneca - was . that deleted - did you withdraw that part of it or was . ^ ^ ^ ' CHAIRMAN TOMLAN+' There was no second^ ' MS* RUANE'+ There was no second so that doesn ' t stand. CHAIRMAN TOMLAN*4 Tracy didn ' t accept it as an amendment. Any further amendments, Charles, Tracy? If not, I ' ll call the question. SECRETARY HOARD+* The vote in appeal no* 1628 is 5 Yes and 1 No vote^ ' CHAIRMAN TOMLAN'+ So the appeal is granted with a petition, � BZA MINUTES 6/3/85 PACE** 83 SECRETARY HOARD*+ The next appeal is APPEAL NO. 1629 410 NEST GREEN STREET Appeal of Arthur M^ Lustgarten for a use vari- ance under Section 30 ^25, Column 2, and an area variance for deficient setbacks for one side yard and the rear yard under Section 30^25, Columns 13 and 14 of the Zoning Ordi- nance, to permit the conversion of the rear building at 410 Nest Green Street from an electric motor repair shop to an automobile radio and stereo installation shop and a sin- gle family apartment, and conversion of the front building from a single-family dwelling to a cooperative dwelling for four Unrelated persons . The property is located in a B2a (business) Use District in which automobile- related business is not a permitted use; therefore under Section 30^57 of the Zoning Ordinance the appellant most obtain a use var- iance and an area variance for the listed de- ficiencies before a building permit or Certi- ficate of Occupancy can be issued for the pro- posed conversion, A previous use and area variance was granted in July of 1981 to permit the construction of this building for use as a motor repair shop, MS, PLATEK*4 I am not Arthur Lustgarten. CHAIRMAN TOMLAN*+ Who are you. MS, PLATEK** Barbara Platek, I' m the second owner or the proposed owner of the property^ He do not own the property at this time, as you can see it is owned by Robin Aoble^ We are applying for two variances - one an area variance, There has been op to this point an area variance for the property - at 410 - for deficien- cies on the west, on the east and on the rear ^ As we will be combining 412 and 410, the westward deficiency disappears, the eastward and rear deficiencies remain, Because of where building B is situated on the lot, it is not possible to use the property ' BZA MINUTES 6/3/85 PACE** 84 unless the variance is granted or I suppose, the building is moved, Hence the reason for that application* We are also ap- plying - I ' ll leave that for a minute. The proposal is to pot an apartment on the second floor of building B to, as I said, to combine the two lots and to improve the quality of the lots by planting shrubbery and add an additional off-street parkin8^ The apartment designs, I believe, are also included in your package. Basically the objective is to improve the overall quality of the property. As for the use variance, there already is a use vari- ance for the motor repair - small motor repair shop which is in the bottom of the masonry building - building B^ The bottom of the masonry boildin8 is not really fit for anything other than such a shop, There is poor lighting, it has a slab cement floor , etc, and what we are proposing to pot in there is -we own a shop in Collegetown, formerly Tech HiFi , we have had for five years - it recently became Sound Image - it is a retail establishment. This would be a place where we would install stereo systems - they would be purchased in Collegetown and the customers would drop off their car , their car gets picked op, we drive it down, one individual installs the car stereo, gets in the car and drives it back op to Colle8etown^ There will be no retail trade, there will be no walk-in trade, there will be no stock - the en- gine is turned off this whole time as soon as it gets into the building - low amperage - low voltage - a few hand tools - very little noise - I feel less noise than an electric motor repair shop generates^ We feel that the overall proposal will better ' ` � BZA MINUTES 6/3/85 PAGE�f 85 the property and would not adversely affect the surrounding neighborhood. ' CHAIRMAN TOMLAN*+ Questions from the Board? MR, SCHNAB'+ So all the action is in the building B, you aren ' t - what are you doing with building A? MG^ PLATEK'# There will be a conversion from a one family to a cooperative living situation, I ' m not sore that affects the use or the area variance - I don ' t know it that^ ^ ^ ^ SECRETARY HOARD++ The use is permitted but it is still a change Of use because the property has some deficiencies^ MS. PLATEK*4 But we do intend to upgrade the property - that building A it needs paint, it needs a lot* And to plant shrubbery, like I said, and to basically improve the facade and the interior of the boildin8^ CHAIRMAN TOMLAN+f Have you presented any or pot together any figures for what the investment you are willing to make and what kind of renovation you are willing to do? MS. PLATEK*+ I believe it would be - you mean in building A? CHAIRMAN TOMLAN'+ Right, Precisely ^ MS, PLATEK'+ Which? . CHAIRMAN TOMLAN++ Well first the building we were talking about, ' building A^ MS, PLATEK'# Our intent for the moment is to do what is necessary ' to make it reasonable. Going beyond that we have no plans^ But ` certainly where it is deficient - either aesthetics or function we intend to compensate, I do not have financial fi8ores^ ' ` ' -- BZA MINUTES 6/3/85 PACE*+ 86 CHAIRMAN TOMLAN*+ Further questions? MS, JOHNSON'+ Are you buying both 410 and 412? MG^ PLATEK# Yes. MS, JOHNSON++ You are buying both, okay^ So the building A won ' t be changed in any exterior way? MS^ PLATEK+4 Aside from paint and bushes and flowers - not at the moment^ The overall intent would be to upgrade the property~ As to what we would do op front and what would be done over time, I ' d have to say the essentials would be done first and more in depth would be later , MR^ NEAVER+# And the nature of the business - I have been scarred by customers, I guess, with stereos that seem to make an unusual amount of noise - is there any necessary testing on site? MS, PLATEK*+ Really what is needed is just space that is out of the weather where somebody can take apart the dash board and for the equipment - they don ' t play with the engine, they don ' t - the term automotive is almost illusory because it is really just a cosmetic, ^ , , MR^ NEAVER'+ I ' m more interested in the sound eqoipment^ MS^ PLATEK*4 Yes, there is no sound equipment - this is purely fnnctional ^ ^ , the auditory listening experience happens back op at the store * You know, the car is returned, the customer Sets into the car and turns it on and sees whether they like it, ' MR^ SCHNAB'# Well clearly you are going to torn it on down here to see if the wires are done properly - I mean your technician. ' MS, PLATEK'# They need to see that a signal is goings, they do not _ _ ' —' — BZA MINUTES 6/3/85 PACE'# 87 need to play music at any audible level - music or news or whatever else^ ^ . . CHAIRMAN TOMLAN+4 Further questions from members of the Board? MS. FARRELL'+ Are the stereos being pot in now at any other location? MS. PLATEK++ At the present time they are being pot in at the car installer ' s home on - I think it is Hanshaw Road^ He works out of his 8ara8e^ We do one at a time, by the way - that is the other important ^ ^ ^ ^ MS. FARRELL'+ Okay. So how many is he doing during a day? MS. PLATEK'f One every couple of hours, some four - tops, And it is regular daytime hours - 9 to 5 - he doesn ' t work on the weekend, he doesn ' t any evenings^ Again I think that the comparison between this type of use and your electric motor repair - I do think that this will generate less noise than that which is already generated when it comes to testing and running machinery and so forth^ CHAIRMAN TOMLAN+* Further questions? MS* FARRELL** Apparently - is there a second floor in the building that is used for something else? (unintelligible) MS. PLATEK'# It ' s storage - we ' d like to develop it into an apartment, it is not - there is nobody there, CHAIRMAN TOMLAN1+ Going once, going twice^ ^ , ^ MR^ BOOTH++ Do you know what the building was used for before the ` motor shop? ' MS* PLATEK*0 It was built specifically for that^ . ` BZA MINUTES 6/3/85 PAGE* 88 MR^ BOOTH*# It was built specifically for that. MS , PLATEK'# A variance was obtained and it was built for that reason* And as I mentioned earlier , I don' t know what else you could do with it, so to have an economically feasible use of the property some light kind of - I don ' t want to say industry - but some thing would have to 8o in there - you certainly can ' t use it for retail and you can ' t live in there and unless you are going to tear it down, I don ' t know what else it could be used for at this time^ CHAIRMAN TOMLAN'# Any further questions? Thank yoo^ Is there anyone else out there who would like to speak in favor of granting this variance? (no one) Is there anyone present who would like to speak in opposition to granting the variance? (no one) It is ours, ' ' ---' BZA MINUTES 6/3/85 PACEIZ 89 DISCUSSION ON APPEAL NO, 1629 410 N, GREEN STREET CHAIRMAN TOMLAN*q Shall we deal with the area variance first and then on to the use variance? If you will refer to page 2 of your worksheet it is both an area variance and a use variance as opposed to just one of them checked. MR^ SCHNAB*# The area variance strikes me as easy because they are reducing the - by combining the lots - reducing one of the deficiencies and not creating any. CHAIRMAN TOMLAN� Well that ' s a first step Stewart, it ' s easy, MR, SCHWAB** So I would say we could grant the variance, if all there was to it was the area variance* Now the use variance, which is a much tougher standard, already alluded to^ , , MR* BOOTH*+ Unsoccessfolly^ MR^ SCHNAB+# Unsuccessfully. We know have to compare - well again, to use Tracy ' s saying, is this any worse than what is there now, are we moving in the right direction - from an electrical motor shop to a stereo installation shop? My initial inclination is to say that they both strike me as sort of the same^ MR^ BOOTH++ Tom, how did your people classify this thing? � SECRETARY HOARD*+ My people? You mean me? � MR. BOOTH+4 You, What does that mean? � MS^ FARRELL'+ What did you call it? MR, BOOTH*# The term in the notice, , . SECRETARY HOARD*# Auto related. Well I think that, for instance, ' the B4 and 85 zones are supposed to be used for automobile rela- . . ` | � BZA MINUTES 6/3/85 PACE*. 90 ted uses. Those are the zones that allow the gas stations and the service stations and auto sales and service, This is sort of splitting hairs but the idea is that if we start granting admin- istratively, something like this, then the next goy comes in and says, I ' m just installing tires, so I just felt that it ought to 8o before the Board. It is certainly not a high impact sort of a use* I know how long it takes to install a car stereo, I did it, but of course I didn ' t know what I was doin8^ MR^ NEAVER*# I ' m not trying to create a novel approach to this but this Board can make an interpretation without waiting for someone to ask for one, is that not so? CHAIRMAN TOMLAN44 It seems like we have done it regularly . SECRETARY HOARD** Yes* MR^ NEAVER'4 I ' m trying to explore the difference between some finding of hardship and a finding that this specific business is not, per se, an auto related business, in that the auto is not being repaired, it is merely an installation of additional new eqoipment ^ Of courser it is a repair garage, , . . CHAIRMAN TOMLAN'+ Are you saying there is no repair and therefore ' ^ it is not an auto repair , for example? ` MR^ NEAVER'+ Well I am saying that the aotomotive^ ^ ^ . CHAIRMAN TOMLAN+# Auto improvement but not repair ^ , ^ MR * NEAVER4+ I don ' t mean to (unintelligible) of replacement of tires as being the same thing, quite the contrary, that is a repair of an existing part of an automobile* This may be essential to some people but it certainly isn ' t to me, . � ` BZA MINUTES 6/3/85 PACE*. 91 SECRETARY HOARD! That ' s what I was going to say* MR, NEAVER4 I ' m not in any direct fashion convinced that a (un- intelligible) is part of an automobile. I ' m not proposing a finding here but rather an interpretation that would be possibly construed as much narrower than a finding of hardship. CHAIRMAN TOMLAN'+ In other words you would rather not deal with the question of a variance at all , but just simply an interpreta- tion, in such a way as to clarify the issoe^ MR* NEAVER'# I ' m not convinced that we have heard anything about a hardship ^ CHAIRMAN TOMLAN++ I' m not convinced either , MR . WEAVER'* We start to pot our selves over in civic improvement business, rather than the zoning business (unintelligible) MR. SCHNAB4* Mr , Weaver , I guess I ' m not - I ' m following what you ` are saying but they have a use variance for an electrical motor shop and as long as this is different, they need a new use variance, is that not right? MR, NEAVER*+ I Suess, if the motor shop is not at all comparable to the - it wasn ' t a use variance for any commercial , industrial use but specifically for that, as I understand it, SECRETARY HOARD*+ Right. MR. SCHNAB++ So it seems to be we aren' t getting - just by you saying this isn ' t strictly auto, it is - whatever it is - it re- quires a use variance, therefore a showing of hardship unless we find that it is an electrical motor shop, are no different, is that right? - � BZA MINUTES 6/3/85 PACE** 92 SECRETARY HOARD� You lost me Stu . MR* SCHNAB'# We are now deciding does this have to 8o under the auto - is this an auto type business and therefore requires that variance for autos - regardless of what type of business it is, it requires a use variance because the only thing allowable now ' is an electrical motor shop. As long as it is not an electrical motor shop, it needs a new use variance . . SECRETARY HOARD# Yes, ' MR^ SCHWAB** So whatever - though they ' ve got - even under your interpretation, this is not auto, it is different than an auto ' ' . repair shop - whatever it is, it requires a showing of undue hardship for os to grant it, Unless it is a family. , ^ SECRETARY HOARD++ Unless it is a retail related^ And there are a lot of retail stores that you drive your car around the back and . they will install something for you and then you drive off, but it is not considered an automobile primary ose^ MR. SCHNAB+. I see, well the evidence - the testimony showed . there certainly wasn ' t any retail trade here. ^ ` CHAIRMAN TOMLAN; What else is permitted Richard? MR ^ BOOTH'* Service commercial facility . ` MS. FARRELL*4 What is that? ` SECRETARY HOARD'* Well that is like a laondromat or dry . cleaner ^ , , ' MR, BOOTH++ I think Stu is right, If you look at that list you would have to spread your number thing to 4 to Set this under it ^ MR, NEAVER'# Well we also have the usual difficulty with dealing BZA MINUTES 6/3/85 PACE� 93 with the proposed buyer instead of the owner - having the buyer talk about hardship of owning the property - he doesn ' t own the property and doesn ' t have any hardship - we ' ll stay away from . that one, To find out whether the owner has a hardship will ' require hearing from him, is that right? CHAIRMAN TOMLAN� So are we coming any closer to a motion? We haven' t heard anything particularly about undue hardship or unique and not shared by properties like it in the immediate vicinity* ` \ \ ' / / ' BZA MINUTES 6/3/85 PACE*. 94 DECISION ON APPEAL 1629 410 NEST GREEN STREET The Board of Zoning Appeals considered the request of Arthur Lustgarten for use and area variances to permit the conversion of the rear building' at 410 Nest Green Street from an electric motor shop to an automobile radio and stereo installation shop and a single family apartment, and conversion of the front building from a single-family dwelling to a cooperative dwelling for four unrelated persons , The decision of the Board was as follows*+ MR , SCHNAB*+ I move that the Board deny the request for use and area variances in appeal number 1629. MR . BOOTH** I second the motion^ FINDINGS OF FACT *+ 1 ) There has been no showing that there has been any difficulty in selling this property for an allowable use* 2) There has been no showing of unique circumstances of any kind^ VOTE+4 6 YES; O NO DENIED BZA MINUTES 6/3/85 PACE4. 95 SECRETARY HOARD** The last appeal is APPEAL NO, 1630 316 NORTH GENEVA STREET Appeal of J^ V . Boyoocos for an area variance under Section 30^25, Column 13, to permit the enlargement of an existing porch at the south- west corner of the existing hoose . The property is located in an R3a (residential , multiple dwelling) Use District in which the proposed construction and use is permitted; however under Section 30,49 and 30,57 of the Zoning Ordinance the appellant most obtain a variance for the listed deficiency before a building permit or Certificate of Occupancy can be issued for the proposed enlargement. CHAIRMAN TOMLAN** Mr . Boyoocos^ MR, BUYOUCOG*+ I ' m Jim Boyoocos and this is my wife Mary Ellen^ He designed this and we ' ll probably spend the money for it. This hoose at 316 N^ Geneva Street - oh, incidentally, I ' ve added to our petition an addition statement which I think you have giving the reasons for the appeal . We purchased this hoose in 1979 be- cause we were looking for a place for a hoose to retire to when we could no longer carry our hoose out in the coontry . It takes a lot of upkeep, which we can do in terms of providing the mater- ials but we can ' t get the help so we looked around for a place to have our retirement hoose and my wife and I both decided that we wanted to live in downtown Ithaca, on the flats, We didn ' t want to go op to the hill , op to the Hei8hts, we wanted to live on the flats, so we looked around and found what we thought is one of the nicest residential areas in downtown Ithaca and that is a portion of the block that is bounded on the east by Geneva Street, on the south by Buffalo Street, on the west by Albany BZA MINUTES 6/3/85 PACE** 96 Street and on the north by Court Street, All the hooses on that street I would say, with perhaps the exception of one, and even that can be made to look - are lovely hooses - so we are commit- ted to living downtown. From the day we bought that hoose, which incidentally we occupy about six months of the year during the winter season, which is more than half the year , We occupy the first floor - the second floor we rent to a young couple -we ' ve ' rented to them for - they ' ve been our only tenants - a young un- iversity couple - we haven ' t raised the rent in six years -we are ' renting it at about eighty dollars below what we are told is the ' rental value that we could get from others - but we want a place . that is going to look nice and be nice, We have one problem and ' that is our back porch. Our living room opens through some love- ly french doors onto this back porch, The back porch was nice in 1.914 or 1910 or even earlier . The hoose was built in 1904, But it is growing decrepit like an old southern mansion and we have . / many reasons for wanting to fix it over ^ However it extends only ' seven feet and it is difficult - it is inconvenient to use - you can ' t use it during most of the year and in the summer it just ` doesn ' t work out at all so we decided for a number of reasons that we would like to enclose that back porch and my wife will � describe the renovations - so we could use it for a year round ` place. It will not only Sive os additional utility but it will serve another very practical purpose and my additional statement mentioned a hardship - not because we are changing the use or asking for a change in the use, but simply -sometimes Courts get BZA MINUTES 6/3/85 PACE4' 97 carried away - and even with area difficulties - imply that un- derneath they might be referring to hardship so I added that for ' this reason, Those french doors are very lovely and we have french door - window types on the south side of our fairly good sized living room, They look lovely, but they admit a lot of draft, We have our heating unit towards the Geneva Street side and we renovated it once - pot in a new heating unit - but it ' s - ' that ' s the only practical place we can have it and it is going to be a long run through our cellar in order to heat the back part of the hoose, our living room and the study* We were told that the best way to do it would be to get the insulating factor which . enclosed son porch - which would bring in heat during the winter � from the son - when and if it appears - that that would be a great help to our heating problem, So we decided to - we hired an architect - and we are going to enlarge the porch. We are � going to 8o seven feet beyond our present porch^ But no part of � that seven foot is going to be non-conforming - we are not exten- ding any non-conforming line^ The only non-conforming part of our building is on the north side, which is practically on the line. But there is already an "L" shaped part of our back - on the back side of our hoose - an "L" shaped part, and this is where the porch is going to come out and actually the extension of the porch will be just about two feet beyond the west wall of this "L" shaped part, as shown on the plan^ Now, this part is entirely non-conforming or conformin8. We conform on the south, we certainly conform on the west, we are the only lot in this ! ` ' BZA MINUTES 6/3/85 PACE'�' 98 block which extends all the way from Geneva Street to Albany ' Street. We are not going to cot - we are not going to interfere ' with anyone ' s light , with space, with the breeze, with his view* ' No one is going to be able to see it from the north, from the south they won ' t be able to see it except from, perhaps, one room . which is not a living room, op on the second floor , from an apar- tment hoose, which is more massive than ours. From the south- west, Helen Mondell ' s hoose can see it, but it is at an angle and she would have to be crooking her neck and peering out in order ' to see the addition we are going to make* We purchased the hoose north of os because, after having pot quite a bit of money into this hoose, the hoose next north was poorly run, it was overpopu- lated and people violated the zoning law and the Code in using it and we thought that that hoose should be improved too, so we pur- chased it, not with the idea of making money, again, but we had to figure out how much we could afford to lose each year - so we purchased that^ We think both of these properties will add tre- mendously to the area* Our immediate neighbors think it is fine, we didn ' t 8o around soliciting any letters - I could have circu- lated a petition bot, unless a letter has been written about which I know nothing, we think the neighbors are for it, certain- ly the immediate neighbors are. Bill Manning, Mr . 8 Mrs^ Mann- ing, Bill Myers, AnaSnost on the south and Linda Myers on the north and my wife is immediately on the north but we ' ll just overlook that for the sake of the argument* So everyone seems to be in favor of this and we don ' t think that anything can come out ` BZA MINUTES 6/3/85 PAGE*4 99 of it except an improvement to the area, which we are committed to make. In- cidentally, on this portion of the block, there are seventeen hooses - this is the block - this is Court Street - this is Buf- falo Street - Albany Street and Geneva Street, There are seven- teen hooses here and thirteen of them are non-conforming because that was the way the lots were set op. So we are not detracting from the neighborhood, we are improving it, As I say, no one is going to be able to see that except under very - if they just get out in their back yard, but then we have a pretty good fence that shields that too so that ' s the answer ^ Now if you want to know more about the design, my wife will tell you about it^ CHAIRMAN TOMLAN*+ Would you like to add anything? MRS, BUYOUCOS+* No, I just want to make sore that you understand that the present screened porch tucks into an "L" which abuts my husband' s study and it is his study - that wall of his study that is right against the side yard of the property to the north, which I now own^ So, the way we are expanding is straight into our own back yard - a fact, from my point of view, that ' s the one disadvantage, the beautiful view is going to be of our garage and I have to do something to make that look better , We don ' t change the side yard to the south and we don ' t affect it to the north, I really think that, because it has a glass front on it, it will improve the appearance of our hoose from the back and make it look lighter , so if by chance anybody did climb the fence and look at it, I don ' t think they would be offended - it doesn' t BZA MINUTES 6/3/85 PACE** 100 make the hoose look any bulkier and we would like it and very much hope you would like os to have it. CHAIRMAN TOMLAN'+ Questions from members of the Board? � I didn ' t quite climb the fence, but I did peek around the corner . Thank yoo^ Is there anyone else who would like to speak in favor of the granting of this variance? (no one) Is there anyone who would like to speak in opposition to granting this variance? (no one) If not, then we will entertain a motion^ � ` ` ` ` ^ � BZA MINUTES 6/3/85 PACE** 101 DECISION ON APPEAL NO* 4630 316 NORTH GENEVA STREET The Board of Zoning Appeals considered the request of Mr , 8 Mrs^ Boyoocos for an area variance to permit the enlargement of an . existing porch at the southwest corner of the existing hoose at ' 316 North Geneva Street, The decision of the Board was as follows*' MS. FARRELL*+ I move that the Board grant the area variance requested in appeal number 1630, CHAIRMAN TOMLAN** I second the motion^ FINDINGS OF FACT4* 1 ) There is practical difficulty in meeting the required side yard setback which can only be solved by moving or demolishing the hoose. 2) The proposed changes do not exacerbate the present side yard deficiencies^ 3) The proposed changes would maintain the residential character ' of the nei8hborhood^ VOTE'+' 6 YES; O NO GRANTED ' ' � � BZA MINUTES 6/3/85 PAQE� 102 SECRETARY HOARD** I' ll call the first case again, appeal number 1492 for 920 North Cayuga Street, appellant not here? (no one appeared for this appeal ~ ' ' - 103 - I , BARBARA RUANE, DO CERTIFY THAT I took the minutes of the Board of Zoning Appeals, City of Ithaca, New York, in the matters of Appeals numbered 1621 , 1629, 1623, 1624, 1626, 1627, 1628, and 1630 on June 3, 1985 in the Common Council Chambers, City of Ithaca, 108 E. Green Street, Ithaca, New York, that I have transcribed same, and the foregoing is a true copy of the transcript of the minutes of the meeting and the action taken of the Board of Zoning Appeals, City of Ithaca, New York on the above date, and the whole thereof to the best of my ability. Barbara C. Ruane Recording Secretary Sworn to before me this day of 1985 Notary Public t :y "W V�