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HomeMy WebLinkAboutMN-BZA-1967-06-05 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA* NEW YORE JUNE 'i, 1967 PRESENTt RICHARD COMBZOCB, Chairman GEORGE R. PFAXN 9 JR. W. H. ELW©OD GZOFFRSY WEAVER JONN SWANICEI C. MURRAY VAN MA'RTER, Building Commissioner, Secretary THE CHAIR: The regular monthly meeting of the Baso of Zoning Appeals will come to order. This is a duly appointed Dowd retie In formal public hearing in the matter of Appeals Numbers 7550757,7589759,760 and 761. The members of the Board prevent besides myself as Chairman are Mr. Pfann, Mr. Elwood, Mr. Weaver, Mr. Ewanieki and our Buildin4 Commissioner, Mr. Van Harter. I want to advise any and all persons appearing before this Board tonight that one member is absent,, Doctor Beldini which leaves five members on the Beard. A vote of four is noosssary for a favorable action in any appeal, se if any appellant cares to hire his case postponed to another meeting when the full Board is here, he may do se at tbi time; otherwise, we shall proceed as outlined. Is there any one objecting? Hearing none, I will proceed. We are operating as a body under the City Charter and the Zoning Ordinance. As such we are net bound by the strict rules of evidence. It is requested that all participants identify themselves as to name and address, their interest in the case, and please c fine all discussions to pertinent facts in order to avoid extraneous material which would have a delaying offset. We will hear No. 755 • The Appeal of Park Displays and whit is a division of State and Aurora, Inc., 408 East State Street, Ithaca, New York, For a special permit under Section 7, Column 40 for a sign at Willow Avenue and Route 13 in an I-1 district. Who is appearing an this appeal? ALAN TREMANt With me tonight is Mr. Charles W. Brodhoad, who is Vice President of this company, and myself as Attorney. Mr. Brodhead will present the argument, with pictures, maps and other material. M2- MR. BRODRRAD: I have an up-todats map here tonight that possibly you gen- tlemen would like to look at. We are talking about locatijkl two standard poster panels at the intersection of Daly and Meadow Streets, Route 139 on the Lehigh Valley Railroad property, just tiff tbj point of the Lansing Research Corporation building which you will see on the map. The location will be on the back side of the railroad tracks as you looc at them from the road. The signs will be in back of the tracks. THE CHAIRt Will you please describe by directions. The rad runs northeast. Appellant's Exhibit 1 marked for identification MR. BBODREAD: The signs which we are proposing, one will face traffic in and one will face traffic out of town, Illuminated with a fluorescent light shielded from the highway, the only light reflecting directly on the sign. The sign will be 300 square foot in size. We recognize that the Ordinance restricts such to 250 square foot and we have a large problem here in that this sign is a standard aimed sign, which is all over the United States for poster advoitising, which is added to the sign like the wall paper is put on a wall, and this allow us to cbmnSe the adver- tising and message with greater frequency. This is the standard type used al over the United States, prepared by stational advertising &&MCIes in Now York but put up all over the country, tailed in our business a poster panel. Tito actual advertising copy will never exceed 250 square fast. The off►-footage required is for trier, to maintain the sign in a good looking proper way, as shown by these pictures. Appellant's Exhibits 2 through 9 marked for identification Picture Number 2, the first picture, is for Joe's Restansats . This is what we are proposing to build. This sign is presently in existence. The second, No* 39 the Atwater's sign is the largest copy that would ever appear on this billboard. A good part of our business is involved in adver- tising local businesses. The extra trim allows us to run the paper up under the boards to protect it from the weather and keeps the edge from becoming ratty and is there to maintains the sign in s proper shape so that it is a credit to the advertising and to the community, I might add that the trim was designed by Raymond Law for the Outdoor Advertising Industry. in assent we are only asking for SO more square feet, to make it more funtional. Our components cors in standard sires but these poster panels come in one size i -3. only. I also have some pictures that may help you gentlemen. These are of the neighborhood in general. We feel that we are not detracting from the neighbor hood in any way, that Irvouldbe consistent as it now exists, and these will show you In more detail the location which we are specifically seeking. This first picture shows the location as you would l i* at it driving out of tows, n front the trees at Lansing Research building, and here is a closer view frau the same angle. We do not intend to cut the trees out, just trim them. 4 and 5 are the same picture, with a longer view. Now a view from the same area, driving down the hill, and this is a close up shot. The sign would be between the woods and the trees in the background. This is Number six. Exhibit 7 is a picture taken from straight on, looking straight into the ares. The sign would be just about in front of that building, covering the building. Exhibit 8 is a picture which shows the general neighborhood as mean from the location of the signs looking into the City of Ithaca. You soe the City filtration Plant and an oil plant and Grossmanis Lumber, which has a comparable also. Exhibit 9 is a picture again taken from the location of the signs, looking up the hill this time and there are light industrial buildings shown here. Now, we have conferred with Mr. Arthur Shull, who is president of Lansing Research Serporation, which owns thio nearest property to this area. He has indicated no objection to locating the sign this close to his property, He is today out of town so I could not reach his. This is with reference to the nearest SO foot location. MR. VAN MARTBRs The public right of way is shown on the map and is approxi- mately three time the width of the road. MR. BRODHBADs We are all right with respect to the distance from Meadow Street. My original proposal showed we would like this sign 10 feet from the State property an Day Street; however, we can ipove the sign down the railroad tracks another 15 feet without any diffi- culty at all. MR. TREMQis You have at least 43 feet from Route 13 on Meadow Street Extension and if you atone 13 feet natheast from Dey Street, this would comply with that property. MR. BRODHEAD: I presume that this restriction was put in the Zoning Orth- nanee in order to avoid having a traffic hazard at corners, which I can understand. But you can determine from these pictures that there is plenty of obstruction before we get there. These signs r i -4- in no way will be obstructing the view of traffic on either Meedew or Day Street, Also I might point out that it seems inconsistent in that your Building Code directs that billboards are to be treated as buildings and yon Zoning Ordinance adds exceptions to this. Apparently we all can put up a building within five feet of a corner,mbich is twenty stories high but we @ain not put ups sign which is actually 12 r high. We are not interested in " creating any traffic hamard of ;any kind. THR CHAIRt This is two signs. MR. BRODHEAD: :Right, but one only facing the traffic going either way. Bach square footage is 300. THE CHAIR: A total of 600 square fest. MR. BRODMWv As I understand the Ordinance we can have two 230 foot signs within this ordinance. MR. WEAVERt I do not see anything that says *0sscht, MR. VAN MART$R.: Only in a B-3 is one permitted, and R-I, that and 3-39 jus one, all others are not specified. MR. ARODHSAD: We have lost two signs recently due to urban Renewal, but we must be able to replaces these locations when we lose them In ordbw to exist.. Otherwise, our business would just dry up. Any number of things can happen to cause us to lose a location. The type of replacement we had is a much improved structure than what would be removed. MR. WRAVBR: Is this generally sold to Ithaca businessee, .this space? M. BRODHRAW This type of sign, yes. It includes national advertising but they are products which are sold locally. I believe that this is all the material which we have wMoh is per tinont to the "so. I would be pleased to answer any questions. MR. TRBM N: May I take two minutes, to help sum up? These signs cams of a at" sold nationally all through the country; they are standardised at 300 square feet, and our local Ordinance did not take this into consideration. These signs are of this alae to pereai a trim around them. Next, I believe that the Ordinance would be taken care of because the only property within 50 feet from any other lot line has sh no objection whatever. And it will be more than the 25 feet north from Dey Street. This does serve a local demand, and if you look at the panels you will see that the signs will not be objectionable. Also, it will be on the railroad track, which should not in any way obstruct any view. I hope despite MR. TRSMANt the difference in sins between the local Ordinance and the size recognised throughout the whole country that this am be granted. THE CHAIR: is there any one else in favor? Mone Any one appearing in opposition? RMITT ROBINSON, Sit. 715 Willow Avenue. I received a notice in the mail of this hearing day before yesterday and had no time to prepare a case. First. I strongly object to the sign because of its potential de- terioration of my property. Second, it is too close to my line according to what the law reads. It Is my understanding that it to supposed to be 50 feet from the line. I know this property personally; I have lived there for twenty years and I doubt If they can put a V-shaped sign between the railroad property an my line without interfering with the view of ray property. I strongly object to this sign and its erection. (.Locates his property on Exhibit 1 for Board) MR. 'IREMANt Mr. Robinson owes land next north of Lansing Research and Willow Avenue through the right of way but I believe that the sign would not come within the limiting distance. Mt. BRODKRAD: There is apparently 120 feet of frontage and by using 25 fest of that frontage to get away from Day Street line and If the signs are put parallel to the street they would run a maximum of 50 feet, which they von"t run, so 45 feet would be left over. Mt. FAN MARM: Lansing Reshavcb Corporation is approximately 304 feet frontage. M. BADDiMAD: We will guarantee we will not be locating any closer than SO feet from Mr. Robinson's property and if we can't do it we won't build it. -6- THE CHAIR: The next case to consider is Me. 7579 which is the appeal of Roger Sovocool, Attorney, for William Raley Estate, 304 College Avenue, Ithaca, Now York, for a variance for use as Barber Shop, and *=option for an illuminated sign under Section 7, Column 2 and 40 in an R-3 District MR. PFANKt I wish to disqualify myself on this Appeal. THE CHAIR: We will make note in the record. Who is appearing for this Appeal? HARRY HIMILTON: I am appearing representing the Estate. I think you gentlemen will recall that I was before the MmikPlast month and that at that time the request was to use the front yard of theas premises to reduco the front yard. Now the appeal is oul to use a portion of the ground floor for the barber alp, as far as the vara- ance, and only to have a sign in accordance with the size alloired in an R-3 district, but to have it illuminated just so that you will know that there is a barber shop there, and it would not be a flashing sign, You will recall that this property is owned by an elderly maiden lady, who is physically and financially unable to develpp the property in any other way than its present use as a rooming house. I would request that I may call witnesses and ask that they be sworn. Call Larry Caldwell, as the first witness. IA RY CALDWELL, having first been duly sworn, testified as follows in response to Mr. Hamilton's questions: Q. What is your address sad your profession? A. I live at 1292 Ellis Bellow Rood and I am a real estate broker. Q. As such, are you familiar with properties in and about the City of Ithaca ` and Tompkins County? A. Yes. Q. For how long have you been engaged in this business? A. For six and a half years. Q. Do you, yourself, have a substantial investment in real estate in the area? A. Yes, I do. Q. Are you familiar with premises at 304 College Avenue? A. Yes, I rum. Q. What is the present use of the premises? A. The property is presently being used as a rooming house, mainly by Indian National students at Cornell Universtty. _7. Q. What is the condition of the inside of the promises? A. Poet to fair. Q. Is it true that it looks pretty good from the outside but not good inside A. Yost about two years ago exterior maintenance was done, around $3300 wort , but there has been little or no interior maintenance for many years. Q. In the physical setup inside adaptable now for apartments? A. It could be done but not readily. It was at on* time a family home. It is adaptable mainly as a rooming house at present. Q. for conversion this would take extensive repairs? A. Definitely, and also for improvements to most the Building Code, enclosing the stairwell for fire and would require much updating to obtain Cornell University approval as well, Q. Assuming that the ground floor could be used as a barber shop,will you give the Board an estimste as to its value? A. I would say $25,000. Q* In its present condition and used as a rooming house, would you care to hasard an opinion as to tts value? A. I would say $18,000 due to the repairs necessary to continue its use as ,F a rooming house. Q. This would assume a $6,000 or $7,000 increased galue for the owner if it can be used as a barber shop? A. That is correct. Q. Do you know what the premises next north are usod for presently? A. It is presently being used as a liquor stems and apartment house. It is being used as a commercial district. Q. Is then a large illuminated sign in front of the building? A. Yes, overhanging the sidewalk. Q. This is not permitted without a variance? A. That is correct. Q. And across the street? A. To the oast and south Egan*s Supermarket. Q. There is also a large illuminated sign on that? A. Yes. Q. Both are in excess of the sine permitted in an R-3 District - that correct ? A. Definitely. Q. 4-- jSjmjjs ?way interested in this property? If sold, do you receive A. None. Q. Your present capacity is what? A, More or lass property maintenance for the Rstate, to collect rants. Q. But you are not concerned with the gala? A. I am not At all interested in any Nay in the sale. MR. R M'TLTONo I have four pictures here-e%teb I ask the Chair to mark as Rxbtbits. Appellant's Exhibits l thresh 4 marked for ideetiflost,# Gentlemen, I have here four pictures which were shown you last month. Again, Exhibit 2 skews our premises and next north with the largo illuminated sign. Exhibit 1 shows looking vest of the liquor store with our premises next south; 8xhibit 3 looks northwesterly and shows the IAA sign earmse the seimfi from our property. Exhibit 4 shows a portion of the northeast cans of the parch an our premises sad the IGA development &oras* the read on College Avenue. And now I call Roger B. Sovocool as a vitae". N.M B. 121ML, having first been duly swera, in pease to Mr. Homiltonos questions, testified as followx 0. Your now and capacity? A. I am Roger B. Sevocool, 110 Remick tisights Derive, and I am an attorney admitted to practice. Q. Are you the attorney for the Estate of William Volay and A. M. Raley? A. Yue. Q. is Miss Relay .part owner of the premises at 304 College Avenue? A. Yes, this was owns# by her father and she has a one-half interest and the other one-half interest vests in two nephews, Professor Smith and another nephew in California. g. Miss Way has never been married, to your knowledge? A. No. Q. These two nephews ars in no way obli$sted to support her? A. That to true. As I understand, they have allowed her to live in the promises and to take whatever income she can. Now she is ill and is unable to live there and so the property will have to be sold and she will receive one- 1f. the proceeds. Q. tion old is Miss Relay? .q. A. Approximately 83 or 84. Q. To your knowledge, does any one contribute to the support of Diss 8rnley? A. No one. Q. What are her *seats at this time? A. The only asset is this parcel of real property. Mr. Caldwell has been collecting the rents but there is just about enough to keep the property Sting. In fact, at the present time there is a note owed at the Trutt Company of $3100 for painting the house and building a new poach in 1963. and we have not been able to pay on that note, lust the interest. At present the note is In default. Q. Are there any other outstanding obligations? A, Yes, Miss Bmley had to leavo the promises in the latter part of last year She is at Oak Bill Manor and we have a bill there now unpaid of approxi- mately $3300 and we are trying to make arrongarents for temporary payment and we have no money except what is in this preporty, so we need to sell it badly to pay up for her care and the note at the Trust Company of $31 The present tax bill is unpaid but I believe Mr. Caldwell has about onoug to pay that and some current bills. Q. Will you tell us how the property was used and occupied in the past? A. As I understand, Miss 8mley was one of the first people at Cornell to to In foreign students ami to encourage them, she turned her hese into a rooming house. The property has not been improved an the inside at all. There is one kitchen downstairs where all the students cook and a number of room throughout the house which they live in, but their needs ore area X. It is badly in need of repair itrimi b. She did have the front porch repaired and have the property paintod and that is the subject of the note. Q. To your knowledge, in October, 1966 was there an inspection of the promised made by the Building Commmissioner's Office? A. Yes, I have a letter dated October 19, 1966, signed by Mrl Qattreau, in which be asked for certain things and Miss ffimiey has not been able to take care of this nor does she have the money to do it. Q. Are there extensive repairs necessary to continue the premises as a roomiiig house? A. As I understand, we are now in violation of the City rules and the studta. s there do not comply with the University rules. Q. Is it possible for hiss Rmley to employ some one to take carie of the proW sea M10- while she is in the nursing home, and break even? A. No, she could not even break even when she was running it herself and if, we had to pay some one the bills would exceed the Income. Q. She to physically and financially unable to operate this property in any way? A. That is correct. Q. Have you received any offers to purchase the property? A. Yes, we received one or two offers on the property= I an not sure of the uses to which it would be put based on the offers, but I am fairly sure that it was not trontemplated to be used as a rooming house. Q. You have accepted an offer contemplating the use of part of the premises as a barber shop? A. In cry estimation there should be some business use in the first floor and then to have some income from the rooms in the balance of the house. Q. It is your opinion that the offer you have accepted, being higher, was based on this use, as a barber shop? A. I do not see hew it is economically feasible unless it is used as a barber shop or some other type of commercial enterprise. THS CHAIR: Is there any one here appearing in favor? HARRY RYERSONs Appearing in favor. Any change will be an improvement as Mr. Swvocool has testified. MR. SOVOCOOLs There is one other point I might make. I received a call yesterday from Fire Chief Weaver, to the effect that some of the students are building fires outside the basement doors of this property. We need greater supervision, so the property is to need of some one an the promises for supervision, and we are going to have to do something. • MR. WSAVBRs Will the owner of the barber shop not occupy the premises? MR. HAMILTON No. BEVBRLY HULL: I would like to say that my father talked to Hazel Webber tonight and she is also in favor of it. THE CHAIRS Is there any one appearing in opposition to this applicati n? ROBERT LANGHANSt 106 Cook Street. It seems that I appear to be at rather a lonely angle in this stand. I spoke to Mrs. Webber and she said that her objection was to the manner in which the house- is being run now. I think we are all in agreement MR. LANORANS: With that. The house is quite poor. We in the neighbor- hood would like to see it improved. However, I do not tool that turning this property into a barber shop by reducing ur zoning restrictions is any guarantee that it is going to be any better than right now. I strenuously object to the philosophy that Zoning ash change the facts to allow Miss Borley to got more money. I do not think this is fair and that It puts pressure an you people. It would seem that the differeuse would amo to only $3000 more for Miss Borley as she is to have only ewe half. Also, as t the question that Air. Weaver asked at the last meeting, *is wet Miss Relay eligible for Medicaid". I think this is fair and the answer is that she is and I do not think that the Board has to feel that this can be csssidersd. As soot as the money runs out she will be taken care of. So we are back to our basin question: Where does one stop at these things? We keep creeping down the hit- a little further. I did not mention, I believe, that I represent the last Rill Civic Association and we €eel this is net a healthy situation for the neighborhood, to take another old house and put a business into it. I think that if some one would invest in a rooming house or apartments, there would be opportunities here. In reference to the building next door, the liquor store, I think this was a mistake we made, we in the association were not on the ball on this one. We should have objected to that. That is a real eyesore. And just one further comment. I am glad that we do know now who is the one res- pensiblo for taking care of this apartment. We will probably be giving Mr. Caldwell some phone calls. MR. HAMILTON: I ask the Board to observe that Mr. Langhans' promises is at the corner of Eddy Street and Cook Steeet, and that there are at least seven properties between his and the premises in question. MR. LANGHANS: I am speaking for myself and the last gill Civic Association* I am the president. MR. HAMILTON: Did you have a meeting on this point? A. No. MR. HAMILTON: Than I am a little confused as to your authority to speak as an individual and for volunteering to speak for an association. -12- MRS. LANGRANS: Last year the Board of the Seat Hill Civic Association was given carte blanche in deciding against Zoning., We can no call a weeting every ties something wares up. The Assecta tion gave the Board authority to coos and appear in opposition. MR. WBAVBR: Is or is not Mrs. Webber in favor of the appeal? MR, HAMILTON: I think that I can assure you that she is. W13- THE CHAIR: Our next ease is No. 738, the Appeal of Charles R. MaGu rk, 218 North Cora Street, Ithaca, New York, for a variance at this address for use as Art Store and Picture Framing bust nese, and an exception, illuminating sign under Section 71, Column 2 and 4, in on R-3 District. Who is appearing? CHARDS McGURK: I own the property at 26 St. Joseph Lane and I own a farm at R.D. Five (5)9 Ithaca, and I rent the property at 414 West Buffalo Street. First I would like to ask if my of my neighbors who are interested, would like to come down here. I have bought the house at 218 North Corn Street, just about a year ago, and I did seas fix# g and repairing on it and finally succeeded in renting It in late August and I have it occupied now, an apartment on the first and second floors. I have mado this request to move my picture framing business and art store into this prop* y. It is basically my intent to have the business similar to the one I now operat at 414 West Buffalo Street. At present I have two employees. I would want t premises to be attractive; in other words, I do not want a commercial busineas and I do want the property in the best possible shape, to be an asset to the neighborhood. As for as hardship is concerned, I have a copy of my tax report from last, year and the property will be able to pay for itself with this bust- nose. that and the apartment on the second floor. The rent income last year was 11985 and the expenses, depreciation, repairs and so forth total $1258.91. So for the portion of the year 1966 I show a loss of $1170.46. So my two points are that I would like permission to least* my art center and picture framing business there and keep the business as an asset to the neighborho*do and second, this would relieve this hardship I did suffer during the past year. THE CHAIR: Any questions? MR. WEAMt That would be on the southwest corner? A. Correct, facing the Tittle park. MR. WBA'VIRs You would not live there? A. I do not plan to at present. I could if necessary. THE CHAIR: Any one oleo appearing in favor? None. Any one appearing in opposition? None. _14- THE CHAIR: The next case, No. 759, is the Appeal of Edward W. King as Committee for Gordon Null, 348 North Tiega Street, Ithaca, Now York, for an exception at 526-28 South Albany Street, Ithaca, Now York, minimum lot sine under provisiec Section 70 Columns 7 and 8, in an R-2 District. Who is appearing? EDWARD W. KING: Mr. King stated the grounds for his appeal, at the con elusion of which the following statement was made by MR. VAN MARTBR: On the tests of use as described fqs three living units K 4 plus seven wommafor let, a proper building permit can be issued for use as four living units. MR. KINGS Rather than withdraw the appeal, the appellant requests a determination of the matter pending the inspection by the Building Commissioner. -15- THE CHAIRS Next is Case No. 7600 the appeal of the Calvary Baptlit Church, 507 North Albany Street, Ithaca, New Yorkg, for exceptions, off street parking and percentage of let coverage under provisions Section 71, Columns 5 and 11, In an R-3 District. Who is appearing? REVEREND LEWIS CUNNINGHAM: I am pastor of the Calvary Baptist Church We at present are wanting to enlarge by moving back to allew for exits, not to Increase the use of the building. We would in fact be decreasing it by five exits. Our choir loft is getting crowded end . our building was builtfor quite a few years. ,The general use of it could not possibly continue In- its present condition. And we do not have any place to park, but the people in the neighborhood feel it is all right with them as sea of them are members of the Church. We eould like a permit to move backward a little. We have an organ pti back there, which we will destroy, and in front mover back four feet. At present we are right on the sidewalk. Our doors will 4 be at the sidewalk but this is the only part of it that will be. We havetft " many cars there anyway because most of the people live right in the neighbor- hood. I think it will add to the neighborhood because of the present looks of the building. This would bring it up to an attractive looking church building MR. VAN MARTER: This is an alteration and to improve the exits. They are removing from the front and adding to the rear, and this Is within inohes. They are net changing the maximum lot coverage. They exceed that now by 12%, THE ClOrAt Is there any one appearing In favor? Hone. Is there any one in apposition? None. THE CHAIR: Thank you, Reverend Cunningham, I think that is all. TAE CHAIRS The next mW final case for tonight is No. 7619 the Appeal of Pasquale Morrow, 411 Hancock Street, Ithaca, New York, for a variance for use as restaurant and tavern with two mercantile occupancies at 452-34 Floral Avenue, net per- witted under Section 79, Column 2 in an R-3 District. Who is appearing? PASQVALE MORROWt And Mrs. Msrrew, my wife, is with in, and we live at 411 Hancock Street. Chairman and Gentlemen of the Seavd, I have a piece of property that nobody hes been able to do anything to for the last hundred years. Now I want to' do something. I want to open a restaurant and tavern and build two other stores there as I could rent them, but I don't knew if I could do it or not. It has to be knocked down. I don't knew if I can do it, and I don't want to go through the routine if I esn't get permission to do it. I have offered to sell it to the City. There is five acres of land there, all in the City of Ithaca. The back part isn't good for anything. nothing. I don't even know if I can do what I want to de, but I went to make that section bettor if I can. TUR CAAIRt What is its approximate location in reference to other str eta? MRS. NDFJEs Near the Glonside Monument; that is next, and across the read is a wood place and Lower's above. MR. WSAVRR: Do you propose to put up a building? MR. MDRROWt Yon, and use it as a tavern, which I will run myself. Thu will have to be done by the ASC people„ I suppose. I woulA like to peke something out of it. MRS. MORSOWt We think it would improve the land and we would get an income. I don't see what also we could do with the place..; MR. WRAVkIRt to that your (telling on it? MS. MDRIOWt Yes, that is going to stay there. We rent that out now. MR. MMOWt They raised the assessment last year and that is uncalled for. TAE CAAIRt What sire building are you contemplating putting up? MR. M11M Actually if I.put two other stores in it would have to be at least 40 by 80. THE CHAIRt Is there any one appearing in favor of this appeal? None. Any one in opposition? -1i- WALTER J. WIGGINSs Yes, I represent most of these people back here. May I ask Mr. Mereew some questions? PASQUALE NDR1l0W, having first been duly swern, in response to Mr. Wigg na' gasetiens, eed as follows: MR. WIGGIHSi Q. Mm did you purchase the property? A. Well, I bought it off my sow-in-law. L think in 19530 Q. May I ask the purchase price? A. rive Thousand, I think It was. Q. You have made an attempt to sell the property? A. Right. Q. Have you listed the property with real estate brokers? A. Mo. Q. What attempt to sell have you made? A. Well, I talked to people who wanted to build a house. They went down to look at it but figured it would cost too such to put a road up there. I offered it to the City for what it to assessed for. Q. What is it asaeased for now? A. Around Ten Thousand. I, might be a little bit out of the way. Q. What price are you &skin$ for a sale? A. I was going to sell the two and a half aeras on the site for what. it is assessed for, which was $1200. Q. What is the present asking price? A. I would have to talk that over with sN wife. Q. You must have set a price for the property? A. I will sell the property - at what price (question directed to vife)? She says Fifteen Thousand. Q. Do I understand that some people made inquiry but were not interested because of the difficulty in putting a read in? A. Right. Q. You would encounter the same difficulty yourself - is that correct? A. Well, I don't know if I can go through it. Q. Can you tell about the grade you would have to go up? A. I would cut off as such as I ean,and sat the building back for a parking area all around the building without trying to knock off the front bank, and make a driveway all around the building. •1g- Q. What is the approximate grads? A. I don't know, quite a ways. Q. What is your beat judgment from the lower left of the road to the place where you would be building the building? A. I couldn't say because I haven't moaaud it. That bank must be ton feet. Q. What is the distance to the point where you would construct the restaurant A. At least twenty feet or more. Q. So there would be a rise of at least ten feet within a distance of twenty feet? A. Right. Q. What provision do you think you could make for viewing the traffic on tdo 4 ,,'•,, highway as you anter from such a driveway? A. That I don't know. It would be up to the City as to tke road that was put there. Q. What was the budget which you had estimated you would undertake for the restaurant and tavern? A. I wouldn't knew until I had it figured. Q. Row would you propose to finance it? A. Through the bank with my other property. Q. You have not lived in this property? A. lie. Q. It is presently occupied by how many people? A. Mr. and Mrs. Sullivan and three kids. MR. WIGGINSs I have no further questions. Gentlemen, as I view this lbplieation, Mr. Morrow is indicating that the undue hard ship which he offers as a reason for granting the varisaw ,, is an assessment increase of Four Thousnad Dollars, thus increasing the taxes; that the land has been put up for sale but there are no prospective buyers. I would challenge that as it is customary to place property to be sold in the hands of a real estate broker. Apparently no realistic prise has been set on the property. It would seem that if he bought it for Five Thousand Dollars an is asking Fifteen Thousane, that he can not go to this Hoard as this is not its concern. I understand the desire of these people to do something to make their property more attractive if it is made more attractive to the community, and not to their own pocketbooks. I think it is apparent that no real thought -19- MR. WIGGINBs has been given to the construction of this restaurant and tavern. � S would submit that there is no need for a tave in this area. The exciting thing about Floral Avenue is that it will no longer be in its present state through the wisdom of the City to make this an extremely attractive area. I do not think such a construction would add to the value of the properties. There ars resid es::near this property and most of the people are here in opposition. I would-submit that no caw has been made by Mr. Morrow. MRS. NDW WI We want to snake a living here and add to the property but you are saying it to hardship that we are building. No one is doing something like this for nothing. ALFRED COOK: I live on Coy Glen Road, in this general neighborhood, anil in the past fifteen years the character of Floral Avenue has greatly improved and the existing Zoning Ordlaaace has greatly benefited the area and should be more strictly enforced. The promises purportedly are one of the last remaining tracts of land in the City of Ithaca and are suitable only for residential use. Rowe 13-A is narrow and very un- safe at present. The poorosed tavern would be on a curve and would eatee any ; vehicles exiting to come down in the center of the curve. Granting of this application would deteriorate the values in the neigfaorhood. Many of us there have invested large sums in remodelling many of the places in the area. The Board has authority to look beyond the arbitrary City line at the neighborhood as a whole. In order to obtain a liquor license one must have approval and must show the necessity for the neighborhood. We haveput that within a mile radius. The section of the Zoning Ordinance is specific. I feel that the applicant has not shown facts to justify any of these findings. They must have special conditions and unique circumstances. Because of the nearness to City property in this area properties have always rented wall. The Board must find that a variance is necessary for the reasonable use of the land. This area is residential in character and at present is only suitable for such. An pointed oat, the use as a tavern would be a complete change in the character of the neighborhood. Disapproval of the above application is requested. In view of this now school effort, this is the perimeter of the school bus line. If there is any change the children will have to walk and that street is too narrow now for two trucks to pass each other, and I think this should be cue sidered also. -20- MS. MORROW: Suppose it was made an apartment house? THE CMIAIR: That is ,not a utter bofore this Board. Is there any one to add anything to what Mr. Wiggins and Mr. Cook have said? AWARD FIA)REiCa I understand that a tenant of Mr. Morrow has put up some money down to Mr. Morrow, that she has made an attempt t buy it but it did not materfolise. Again, as a near neighbor, I do object in moral support of the whole sit tion HOWARD TEBTERt I go along with what the others had to`*", CARL F. TRETZR% I have property there, 20 acres, in the City, that at present, due to the changes, has grown to be quite value le and I think this bar-restaurant would be a very poor thiag. WILLIAM! ALLIlNt Five Mile Drive, the green house across the Inlet. I would like to know if, under the Ordinance, a plan has been drawn up. Is there one? M. VAN MUM: There is none, sir. MRCS. SAM MaNZAL: I would like to speak against a building of this nature. I think that Mr. Wiggins and Mr. Cook have said it all. WILLIAM DILLONt 114 Glenside. I would like to gown record as strongly opposing. MARIAN WOOLBY: I have been there since 1464 and-I think the neighborhood and the approach are improving and I think it is too bad to do anything to deteriorate"l t at this time. GORDON BEIAQW: My mother is at 490 Floral Avenue end I speak for bar as going on record against this. A. K. RBEVIS1 118 Glenaids Road. I ami very such against the-** ►positi before the Committee and in agreement with the majority. WILLIAM LOWER: 427 Floral Avenue. I am opposed in every respect that Wiggins has mentioned and the others also and I would li to add this. No has mentioned that may father has a sporting goods store there. We have made an effort to improv the looks and intend to do more. It isn't something we got variance for in recent years; it has been there since I was a little boy. One of the major reasons I would be posed would be deterioration of the properties and there -21- MR. LOWR: are no sidewalks on Floral Avenue from the 290 block to Glonside and I am concerned about this became of own error made by children who go up and down this street. I have a aur of apartments in tbere. I do not think we mod any were traffic and certainly no one drinking alcoholic beverages. MS. NDRRW: So loc- as the property is so valuable does any one want to buy it for $13,000? I'll sell it. M. Ltyfi s I would be interested In the property at a reasonable pr! e. MR. iilEiE INS1 At this closing of the matter I will gust wantion same of the interested people who have sat have and beve been in opposition: Parker, Radcliff, Little, Reeves, Lower, and you have already heard Aloins others. Thank you, gentlemen. ' VMCUTIVB SESSION, BOARD OF TONING APPEALS, CITY OF ITHACA, ITHACA, NBii YORK JUNE 3, 1%7 APPEALS NOS. 755, 737, 7589 7599 760, 761 PRSSSNT: RICHARD COMMCK, Chairman GEORGE R. PFANN, JR. W. H. RLMOOD GEOFFREY WEAVER JOHN BWANICKI C. MURRAY VAN MAR'1'210 Building Commissioner, Secretary THE CHAIR: Appeal No. 7.55. MR. EWANICKI% Move to grant the variance be"mm appellant is asking for only a further 50 square toot. MR. ELWOODt Second. VOTE: Yes - 1 No • 4 THE CNAIRt Appeal Mei. 751. sJsj MR. ELWOOD: Move to grant the variance on the grounds that hardship relating to the property was shown by the testimony; and to grant the exception for a sign of five square feet, to be attached to the house and to be lighted by a source not visible. MR. BWANICKI: Second. VOTTIs Yea 4 No 0 (ftoft* N. Haun abstaining) THE CHAIR: Appeal No. 758. MR. PFANNt Move to deny on the grounds there are insufficient facts to show hardship. MR. 9WANICKIt Second. VOTE! Yes - 5 No • 0 THE CHAIR: Appeal No. 7.60. Mlt. 'V"VBRs Move to grant the application because the changes involve only remodeling, the percentage of lot coverage remains the same, and it would appear this involves only an Improvement and helps further to comply with safety regulations. COL. COMSTOCK: Socenri. VOTZs Yes - S No - 0 THE CAAIRs Appeal No. 761. M. Pf'ANN: Move to deny for the reason no hardship has been shown in that it appears the property is now used for residen- tial purposes and can continue to i+e, as well as an extended use for residential purposes, and with the con- templated Improvement of the area this will enhance the residential character of the neighborhood. VOTEs Yes - S No - 0 Meeting adjourned and date of next meeting of the Board to be July 109 1%7