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HomeMy WebLinkAboutMN-BZA-1967-08-07 BOARD OF ZONING APPiALS, CITY OF ITHACA, CITY WALL, ITHACA, AMUST 7, 1967 APP*AL3 Nes. 762 and 766 PRISINTt RICHARD COMMOCK, Chairman tiBomzY WIAVIR W. H. ILWOOD GIORGI R. PFANN, JR. RALPH P. BALDINI C. MURRAY VAN 'MAXIM, Building Commissioner, Secretary TAI CHAIRt Will the Beard of Zoning Appeals now cats to order. This Is a meeting of the duly appointed ss h ore of the Hoard of Zoning Appeals, meeting in formal hearing thia evening in two eases. The members present besides myself, include Doctor Bsldini, Mr. $hood, Mr. PfAne and Mr. Weaver. Mr. Rwnnicki is absent this eveming 4AHk* leaves a total of live on the Hoard tonight hearing the cases. In order to approve any affirmative variance or exception, it aside a vote of at least four members of the Board. MR. HAMILTON: I wive any request for an adjournment, THI CHAIR: This Board is operating under the Zoning Ordinance of the City of Ithaca, and as such is not beaW by the strict rule of evidence. it is requested that all participants idestff ? themselves as they speak as to name and address and its is requested further that. all participants confine thsseelvae to pertinent facts. The first asst is Case No. 762,+ ck is the Appeal of Rugene Winston, 420 Vest Court Street, Ithaca, New York, for a variambe for use by American Legion Post at 207 Cleveland Avonus, Ithaca, New York, not permitted under Section 7, Celwm 29, in an R-3 district. I believe that the appellant is represented here tonight by harry Hamilton. MR. HMILTON: Thank you. Qontlemen, this is the only American Legion pas No. I695, in the City of Ithaca at present, as I understand that No. 221 is now in the Tom of Danby, OW I think that they call themselves the Ithaca Post. This Post is looking t for a place for their meeting. This present been needs woe done upon it but they feel that they can won it for a few years until they acquire ,sufficient funds for a larger stir - tutu. The owner of the property, BqMw Winston, is unable , to be here tonight, but' I have some witnesses bore whom I would like to have you hear, Mr. Belabor, please. Jn i B$X•Ck , having first been duly sworn, answered as follows: by MR. N11MILXWI Q. Your residence is what? A. 207 Clevslmrd Avenue is now my residence. Q. Do you know Sugeese Winston? A. Yes. Q. Ds you know the property at 207 Cleveland Avenue? A. Yost I do. Q. To your knowledge, has Mr. Winston tried to sell that property? A. Yes. Q. To your knowledge, various people haws looked at it? A. -Yost to my information. Q. But that he has been unable to obtain any offer other than from the American Lesion Post? A. Yes, that is correct. Q. Do you know what is the figure they have offered for the property? A. I think it is not a definite offer so far. Q. We119 what is the plan of the Post Board to offer him? A. I as not quite sure at this point. Q. But you, or the Post, has aged to buy the premises if it can be used as wasting roses? A. That is so, correct. DR. BAWINI: Q. What is your position in the Post? .3� A. I ase Commander in the Post. M. HAMILTON: Q. For the information of the Board here, you are Pest Commander at this time and you reside in the property? A. Correct. Q. And you say that Mr, Winston has been unable to sell this property so for A. 90 far, yes, sir. Q, Do you know if he has tried to list that property with real estate broke ? A. I am not sure. I have not had a chance to talk with his but he said that he had tried. Q. Were they interested in the property? A. 90 far no one has been. Q. What plans does the Legion have for this pnroperty, for the inftWntion of this Board? A. We are trying to establish a how for our Legion and we haw tried for 17 or 18 years and it is hard to find property suitable for the A mwiaan Legion Herne in or about the City, and we need to otart our work. Q. One reason that you are interested is that Mr. Winston has, coenseated to take a contrast on this property, and not demand ane eh? A. That is correct. MR. W&AYns Where do you meet naw? A. We bare been at the Elks Home on green and Cern for meetings. We M#s- 72 paid members at present. all local members. DR. SALDIAIs Are you affiliated with any National LaSisn? MR. HAMIL1+Odts They baro retained as and we are in the process of ineor- porating the Post. The papers have been filed and as soon as we are incorporated it will be a national.aoncern. They have a Post and a chaster granted by New York State-. Q Than they are now.affiliated with the American Legion? Mit. HAMILU M: That to right. THI CIiAIRs (To witness): Could you describe the building for us? A. A two-story building, sewn rooms, three down and four up, a wooden sitrutture Q. to this building occupied at present? A. I am the occupant right now. We had rented this place for the American Legion and I ,moved in as Commander and also as steward of the Posh. I -4- was allowed to move in until we could get clearance, and this pv"trty is now not empty because of thi s. Q. Nov long have you lived there? A. About two months now. Q.. Whet vas its previous Occupancy? A. Mr. Eugene Winston himself. Q, So it is a residence? MR. RAMILT N s Yes, a one-family home. DN. BALDIMIs May we sea the .wsp showing its dimensions? MR. NAMILTONs (From City Msp)s Forty-four (44) feet on Cleveland Avesm and one hundred (100) feet deep. It is three hundred feet or so up the block, the third let from South Corn Street so it is closer to South Corn Street than Meadow Street. MR. WUM: Is there room for off-street parking? MR. ULCHKRs There is room for five or sin suss, more or loss. MR. MAMILTONj The map shows that this building occupies perhaps 33 feet frontage and maybe 44 feet deep. It is not a wry large structure itself-, a soven-room house with two stories. The map shows a garage structure in the roar, which probably would not be of use to the Legion and could be torn down to provide additional parking. MR. D3I. NA1 It is a car port. MB. NAMILTON: Q. Was au inquiry made of the neighbors in the immediate vicinity of the property to see if there was objection to having sooting room there? A. This is so, yes, we did. Q. Did you find any one objecting? A. To Our knowledge, none. Q. Do you know who ode the surveys? A. Rvans Dailey and myself. Mr. Bailey is First Vice Commander, Q. Mr. Bailey lives next door? A. Right. Q. And is it truss that several of the surrounding people are members of the Post? A. YOA. TIM CIRAIRs Now Sony of the neighbors did you visit sad Set an expres. $ion from? A. We went through Cleveland Avenue with the exception of one bouse, Wt. Lloyd, and at that point we didn't get the other streets and we seat out letters to thm and I have talked to Bost of them and they have no objet- tion on Green Street, Clinton Street and Corn Street. Q, Do you knew of any objections at all? A. I do not. Q. MR. VUVIRs Bays, you any idea what the Winseons paid for the property quite a few years ago? A* I do not. Q. This hardship is that they can not sell the property? MR. HANZLTONs But I wonder, in view of the lap" of timag If this questiom is "Istive, as to what they paid. I would venture the opinion that the hardship here is apparently that they can not sell it at all. It has been offered geumally for sale and this is the only offer they have had. THE CRAIRs (To witness)s What is the gonoral condition of the homso? MR., BZLCNU: At present it is in usable condition, and the *am gst#or l condition. Sore or less, throughout. MR. HAMiL IONS Mr. Yat► Marter, has an inspection been made? MR. VAN MARTBRs I think not. MR. HAMILTM (To wltness)t Can It be wAW-gat prssrnt for Seating room'? MR. BUCHBRs Yes, but we hope to improve the neighborhood by daiog work on it both inside and outside. AUMMY LLOYD: V'>want to find out what they intend to do. I bow no eb• )ection se far but I want to blow if any liquor will be sold on the promises. MR. HAMILTONI There are so plans to have liquor on the premises wbataosver. Q. It is an R-3 aeons? MR. PAMILTONs That to correct and in oeder to haw liquor sold on the prewi ses the Legion would have to come back to this Beard again. You have to have the approval of tho ABC Board and -6- ! LLOYDS You know they go from one step to another, and Cleveland Avenue has been quiet now for the last five or six years and I don't want to sea any one coming in to rameshacklo the whole thing. I don't know how much this would depreciate our property. Mit. PAMUTON: I can not speak for twenty years in the future but at prose t there are no plans for liquor whatsoever, strictly a meetinj room. MASTBg CUMINGBm1M9 of 218 Fourth Stw"et, Ithaca, upon request to speak, and being duly .morn, responded as followi s MB. WMILTON: Q. Are you a member of Post 1695? A. Yes, on the Executive Board, Put Commander, Past Adjutant, at present First Vice Commander, Past District Adjutant. The" sees to be quite a bit of a conflict as to what the American Legion stands fuser. The first two lines of the Constitution states "For God and Country". Bmnry one seems to get the idea we are a bunch of drunken voto>rms, only thinklmatig of themeselveo, but the American Legion as a whole hoe done wore for the comsmunity# stats and national, and Child 'Welfare, than any organisation in America, Including your churches. What we are trying to do is build the community and if we can got this through, it is our iatedt to prove to the commmity, to let them know exactly what the American Legion stands for end who►, we aro doing. Our purpose is not to have a good tiros; we can not afford to waste our times. I reallse that this varisnco is entirely up to you; we are hoping it goon through but we do not want any conflict with any one In the community. Our sis is genuine; we moan good; we have a good organise- tion and we have to keep it that way. we have built up No. 1695 too far t go in and joapordisxe it, for an organisation to come in and take up our charter* We intend to better the City, to benefit the community as a whole. This is not going to be some rot-gut place. Our intention is that is to bi exactly what the preamble of the Constitution states. Mr. Chairwsn, I hop that you and the other Board members will weigh this, not in a some that "Okay, wire going along with you", but "We are going sloag. with the oowmma ty." But now we are on a building program; if we do not start budding non, when will we start? Must we wait another twenty years to get started sgai ? -n .7. You can not see my point because you are not in my oboes. Ther* is an old Indian saying, "Before I criticise my neighbor, let me walk a mile in his moccasin.* Thank you, gentlemen. THE CEAIEt is there any one in UvW? Alone Is there any one in opposition to this application? Alone .8. THE CHAIRS The next case is Case No. 7664 the Appeal of Hawratick and Company, Incorporated, 310 Third Street, Ithaca, Now York, for an exception for a sign in excess of 50 square feet under Section 7, Column 49 in 1-1 district. Who is here tonight representing this company in its appeal: ROBERT CURL TIA11SU having first been duly worn, answered as followas MR., CHRISTIANSEN: I am the operating bond of Haverstick and Company, Ithaca, Now York, main office, Rochester. Gentleman, Gent;lessn, I have appealed for i variance (if the words are incorrect, I get a little confused about this) to paint a sign on the side of our building. ot 510 Third Street, Ithaca, Now York. I think you have probably seen the paint I put on these., We put is a few .scaes of grass around the back and I Mould like to paint a sign along the side of the building, sight on the building itself, in black, "IHAVERSTICV', so that people can idsnti y our property from Route 13. The building is 185 feet long. I want you gentleman to have a picture of this sign, that was me" by Cayuga 1►rliting. It is S feet wide by 30 inches high. It is approximately 6.7% of the total square fest of the aide of the building. . MR. 111M lDa What is the length and width overall of the sign? A. The sign itself would be 150 square feet. 1Rt. WRAVSKi I would figure that your total sign is 193h square feet. MR. CHRISTIANgENt If we put the sign on a billboard I would say that is probably correct, but paintisgithe sign on the building, I think not. We will have to figure on the`$Ilostere. We have eleven pilasters that do not shoo in that picture. We are only going to use five of the opening between the pilasters and I believe we have eleven of them. M. WRAVRR a How about 1 i ght ing? A. We are not going to light it. The street light is on Route 13, DR. BALDiNI: How about the people coming south on Route 13? -9• M. Cl3itISTIANSENs I have a sign on front of the building mad an electric sign on the corner. Q. The highmy right of way codes how close to the building? A. To the fence line, about 10 feet. Where the sign would be I would sap Is a geed 25 feet in the rear of the building. In the front there is no question there to not 25 feet. We are going to start with the second pilaster from the vest. THS CHAIR: !that style of lettering is this to bei What is the construction of the building? A. Brick and gunnite, and eight years age it was all brick sad windows and we had all the windows taken out and filled in with concrete block. We have wire mesh on the side of the building, which is guentgw or stucco, and last year after Route 13 was finished we fixed the cracks up and painted it with waterproof paint, two coats of gray and the pilasters green. The letters will be setiA black and we will paint them every t1 the building is painted. tr R. There is no other lettering on the building? _ r A. That is all. I have talked to all my hNgbboso, Ida Webber of 'the Mace Junk Company, and Sid Larkin of Grossman°s, and I lave this letter which I would like to read in evidences " July Z©, 1967 Gentlemens. I have applied to the Zoning Beard of Appeals, Ithaca, New York, for an exception in order to paint a sign an the side of Haverstick & Co., Inc., 510 Third 8t. The sign will be painted on the Route 13 side of the building, on the building, in 3' x 3' letters. The sign will take 6.7% approximately, of the total square ft. area of the side of the building. If there are any objections would you please call as at AR 23003. Very truly yours, HAVERRTICC 6 CO., INC. R. Co Christensen, Manager" I have a letter from Grossman's, saying that they have no objectiea, and word from firs. Webber saying nothing is wrong, and the properties sur., rounding are owned by Winkelman, who is on my Board sad certainly has no objection. THE CHAIRS Thank you, Mr. Christensen. As no one else is now present, we can have nothing further in favor or against. f EXBCUrIVE SESSION, DOMW OF ZDNING' APPRALS, CITY OF ITUCA, A�rta3T 7, 1967 APPEAL NO. 762, MR. PFANN: I make a motion to deny the application on the grounds that no hardship has been showng which relates to the property or to the appellant. DR. DALDINII Second. VOTE: 'Yes • 5 No . 0 APPEAL ND,, 766. MR. WUVERt Move that the Board grant the exception as requested on the condition that the sign. be placed far SRSWO to the vest an the south site of 'the building that it is adore than 25 feet from any public right of way. MR. PFANN: Second. VOTES Yes • 4 No • 1 Nonpublic meeting of Board of Zoning Appeals to be held on September 70 1967 at 700 P.M.