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HomeMy WebLinkAboutMN-BZA-1967-11-09 BOARD OF 2=114G APPEALS, CITY OF ITHACA, CITY BUZ$ ITIACA. MW You, MKITING HELD ON NOVINBER 9tho, 1967 TO CONSIDIMt Cases Nos. 771, 774, 775, 776 PRRSENTs RICHARD CMMCE, Chairaan GEtDFFRRY VRAYER W. H. 21UND JOHN EWANICKI RALPH BAL DINI GBDRGZ R. PFANN, JR. C. MURRAY VAN MARTZR, Building Cowi ssi over, Secretary TIB CHAIR: The Board will cow to order. This is the duly appointed Board of Zoning Appeals of the City of ItbAwav meeting in due form in accordance with the notice in the papers, The members of the Board present, besides s►yesIf, ove Mr. Weaver, Mr. 21wood, Mr. Ewnicki. Doctor Baldini, Mr. Pfann, and our Building Comissioner, C. Murray Van Nortox. This Board is operating under the provisions of the Ctty Charter of the City of Ithaca and the Zoning Ordinance; It is not bound by the strict rules of evidence in the taking of tostimmy or the conduct of the hearlag, but sufficient legal evidence will be heard to sustain the saw. As each one speaks, will he identify himself as to nam and oddres , and plosse confine himself to the pertinent facts and thus avoid extraneous material. The first case to be hoard is No. 7719 the Appeal of Rudotph and Paul Tavelli, 120 Pine Tree Road, Ithaca, Now York, f a sign permit at 304 College Avenue, Ithaca. New York, ander Section 7, Colum 49 not permitted, in an R-3 district. Is any one appearing? PAUL TAVRLLI: I an Paul Tavellt and I live at 120 Pine Tree Read, rep- resenting my father who runs the University Barber Shop. First I offer the proof of wailing to the residents with! the required distance. As I said, my father has this shol at 3O4 College Avenue and he is asking for a sign which will say simply, "Univorsity Barber Shop". The type of sign allowed is to be not over five square feet and not illumi nated. We are asking for five square feet and a non illuminated sign, se what is the question? The Ordinance further says that the sign swat be attached to the build! . We are asking to put the sign on a pole in front of the building, and this for various reasons First, the building sits back from the road and is obliterated by the liquor store with its large neon sign. Also, an architect has told us that a sign attached would detract from the building. At this point I would like to introduce an exhibit. This Is a sketch of the sign which we wish. It is the type of sign that would be attached to a role ban ug from bracke . As you can see, it is not lighted, is only four And a hal square fact and both requirements are allowed by the Ordi- nance. This premises has bees brought before this board 7 M before, an appeal for a variance for the barber aboand at that time a Targe illuminated sign wee horned down. We are not here asking for this. You will note that the Pla ning Board has recommended that our appeal be turned down As I said, we do not ask for a large sign, nor for an il- luminsted sign. We bought these premises in July and it was a disgrace to this town, a real alum. I do net knew how the students lived there as I underestand they did under difficult conditions. Since my father bought this property he has put ever $13,000 for repairs into it, it has been painted, a now roof put on and everything re- built, and he has had a professional architect design the barber shop, which fits in well. Appellant's Exhibits 1, 2 and 3 marked for Identification MR. TAVBLLIs These aro pictures of the completed barber shop, showing how the sign will look. We are asking that it be bunging over the sidewalk as all the rest of the signs are hanging now. Mr. Tavelli has put a great deal into improving those promises. Also, the Planning Board says to deny the ap- plication because you should not cater to special interes s. There is as special interest being catered to here. Im- medistely next is a liquor store and next a largo motel, both with large neon sagas. Across the street is ftan's IGA Market with a huge illuminated sign, ao we are not asking for any special privileges. Appellant's Exhibits 4 and S marked for identification This shows the house before the barber shop and shens the buildings in the neighborhood. There are something like nine signs, all illuminated in the one block. A definite hardship is involved as Mr. Tavelli has put a great deal of money into building this property up. It is a very different situation than downtown as you have to attract new customers. We are just asking for a little sign► near the sidewalk so that people can see there is a barber them. At the present time you can not possibly sea it Is there. And let so say that Mr. Tavelli will continue to improve his'propert.y. We heard a let about slums on Coli e Avenue. This mon has put out a lot of money and effort t try to avoid such remarks and is "king for just a small exception, a sign already within the Ordinance and nen- illuminated. I ask you not to let the Zoning Ordinance be a a>sght jacket. It would be a shame for this man to go out of business. TUB CMAIRs Any one appearing in favor? Mone. Any one appearing in opposition? ftne. Thank you, bar. Tavelli. TNR CHAIR: Lot us go to Case No. 775, the sppeal of Itluoo Prspwrtts, Inc., of 270 Reyaw1ds AroAdo Building, Reehsstsr, -VOw rsa' for a special permit ander Section 7, Colusa 49 for a silt at 376 llmira Read, Ithaoa, New mak, in an I.1 District. Who is appearing? L. F. RICHARDSONt I am their state representative, and I reside in Not` Syracuss, New York. There is really net suich for me to We have submitted our projected pians for the location of our sign; it has been recommended by the Planning Board t this be denied, and you have stated where we are to put the sign if we want it, and we have agreed to put it where you say we have to. (Shows sketch to Board members) On the original plot plan we have Indicated where we want to put our sign. As far as the also is cencemed, I undo stand that this size can be granted to us but that the location would not. You have requested that we locate 50 r foot fres either boundary and 25 feet "he right"of ' w and this we have agreed to de. The sign goes 24 feet is he air and is 12 feet wide. lie will have M feet as spin# 288 feet as shown as Appellant's Rxhibit 'l. Tke best we can do is a total number of sign, inaludiag canes, and totalling 210 square feet for which the regwost is made. TNR CHAIR: Any one to speak is favor of this appealt None. Is there any one appearing in opposition? None. THE CFAIR: AwIll now consider Case No. 776, the Appeal of Katisa es, 526 'East State Street, Ithaca, New York, for s" variance at this address for Real Estate Office under provision of Section 79 Column 2, in an R-3 District. Who is appearing? STATIM TSAPIS: I an appearing on behalf of liatina Manes, the ewner of the property bore. I think we have on file an affidavit of mailing, and I would like to familiarize the Board vithths area of the City we are talking about. I would like this plan marked as Exhibit 1, on behalf of the appellant. Appellant's Exhibit 1, being plot plan, marked for identi- fication, and Appellant's bohibit 2, being affidavit of mailing, niilkOd for idsnt-Ificatien This area lucre is on East State Street and the property In question is marked in dark pencil and marked fines", known as 526 East State Street. I think the question before this Board tonight is one you have 'faced many times before Involving an old piece of property In the City of Ithaca, hick has been used for many years as a rooming house, and the area is now R-3. As to the projected purpose, Mrs. Manes has entered into an agreement to sell this property to the Marren Real Estate and it is their intention to purchase this place and operate their offices in that building, as well as maintain two apartments. With reference to this, every requirement of the toning Ordinance is met. We are asking for a variance solely because Mr. and Mrs. Warren are not going to reside inihe premises. Those promisee a permitted to be used as a real estate office as a here u but these people do not intend to live there. Also oporst ng in that area and a profession which could be operated in t is house without request from this-Beard would be a medical- ftca. What we are cowing here for are net a lot of oxooptiens, The building itself will be improved physically. If you know the property you know it is in dire need of repairs. It leans to the east in the back and the whole thing needs a paint Sob and it needs attention quickly. There is no contemplation of changtag the neighbor- heed, the character of the building or the character of the neighborhood will not be changed at all except that the building will be cleaned up, the yard better landscaped, the driveway in question will be widened and lowered. The e will be in this office three real estate people, Mr. and Mrs. Warren and thei son. The Planning Board has recess ceded that this be denied on the basis tba It will create a traffic hazard. I respectfully submit that people rarely go to a real estate office. I also submit that with a situation such as this where these people could have throe or four apartments with students, would create a greater traffic pateaf than the present contemplated use at this time. We are asking because of hardship, the hardship being that Mics. Manes has owned this property since 1950, a ton-room house, at present in poor con- dition. She has had the house on the market for almost ton years. has had certain offers to purchase the property but none materialised; she has reduc the price to $266000 and over a period of two years there has been no offers to purchase. When she first scored in it she had an incomes of $290009 sad at present has only $900 per year. This hhouse and the entire neighborhood has changed because of State Street. it is noisy and there is traffic. There or approximately six doctor offices in the area and just a block below is the Pa k enterprise; Sage Hospital has been cut off and there is a $rest deal of traff generated there. This building will not create greater hasard than already exists. There will be Was because there will not be as many in and about th office as in a doctor's office. A doctor could open an office there today without asking for an exception, and they generate far more traffic than a real estate office. Mr. and Mrs. Warren contemplate using $15,000 to renevst this place. Our hardship is that we have not been able to sell for a ten-yea period as a residence; people will not buy there because of the traffic problams on State Street. The variance would observe the spirit of the Ordinance and net change the character of the district. It will be maintained and will loo like the residonce it is today, only it will be much improved. There are already many professional offices in that area, doctor offices, the Park enterprise, and Sage Hospital. It was a horse occupancy when the Zonigg Ordinance was tomewd framed, and tt would not be a change inthe neighborhood. The practical difficulty here is that Mrs. Manos has had this property on the market for many yo4ro and hos boon unable to sell; the only able& have coat plated a change in use, but have not materialized thus for. This is the only offer she has had where she can sell this psoporty and sphere the property will be utilized in the best way it can be as a professional office. The also of the house and the changing neighborhood has made it impossible to sell as a residence. Tbare would be no change in the spirit of the Ordinance and the character of the building. The Planning Board has seen fit by Memorandum to r+ecommond that the request be denied on the sole basis of free flowing traffic in the winter menthe, and that the driveway is rather stoop. The area is not stoop but even if it were it will be lowered and made vides. The clients of the real estate office will have six parking spaces on the site itself. Two hour parking is already permitted there. The area in question has been desig- nated residential, but again, this office would be used if they lived in the promises. The outside would still malttain its character residentially. Now I would like to ask Mr. Warren some questions. Q. Do you contemplate the purehaso of this property? A. Yes, as Prrsicdont of our real estate corporation. Q. Hose Long have you been in business? A. Since 1953. n Q. How long has this property been on the market? A. Ve first got the 1IO in M9. It may have been an the market before I Q. for what price? A. Around $259000 or $279,000. It has not boon on the market solidly. Tbare was a two-year period when she did withdraw it from the market. Q. is it your intention if successful, to put your offices in that building? A/ Yes. Q. Now misty people in your business? A. My wife, myself and son. Q. In your experience as a real estate broker do you have offices whore you conduct your business? A. Yes. Q. What are the busy times of your business? A. During the summer between May and September. Q. With reference to your business, how stony people coxae in your office ddil for listing? A. Very few people come to our office. We seldom bring clients there. In • the winter time wake go by. We also always to to them, show them proper ties and return them hope. Q. Www much of an investment do you intend to Aske? A. $20,000 but we hope to got by with $115,000. Q. Do you plan any exterior abanges? A. Outside of landscaping, no. We plan to paint the building and to landscape It but no exterior structures at all. Q. With reference to the driveway, do you have any intentions of improving It? A. Yes, for our own safety the driveway should be widened and there is a smal bump there that we will takeoff. Q. Row about snow and let removal? A. I do not think it will be necessary. This is a southern slope and if we -bitaftep the driveway those will be no problem. Q. You are not asking for any special sign? A. hie, lout attached to the building. This will be a real estate office and with two apartments upstairs. There ore two efficiency apavements on the second floor all within the use of the Ordinance. BY MR. PyANNt What de you think the philosophy of the ging Ordiance ? M. TSAPISs Whoever framed the Ordinance most have thought that somebely who lived in the place night maintain it better. They map have thought of a small operation within the building. I do not mean there is not any differeno . That is the difference we are asking fM. We are only asking for what we wool be permitted to do If we lived in the building. The income he been steadily declining. $be is a widow and does not have the money to maintain it hhe say it should be maintained. Thank you, ,gentlemen. i SXBC#ilVS SSSBION, BOARD OF ZONING APPSALS, CITY OF ITHACA, NOVWW 9, 1%7 IMPUM NOS. 771, 774, 775, 776 TH1 CHAIR: Appeal 'No, 771. MR. WSAVARt Novo to grant the appeal ,provided no part of the sign extends over the sidevalk; we feel practical difficulties and special conditions are involved since the area is essentially commercial and the building next north extends almost to the sidewalk, which would obstruct the view of a sign placed on the building, and that this is the only sign to be allowed on the promises. COL. CONSTOCKo. Second. VOTEt Yes - 6 No - 0 THR CHAIR: No. 775. Nit. WSAM: !dove to grant the special permit as It is within the Zoning Ordinance and It will be placed to meet the requiremsnto of the Ordinance, even to the extent of relocating the proposed building. COL. COMSTOCK: Second. V=t Yes - 5 No - 1 THE CHAIRt No. 776. M. WRAVSK: terve to grant the variance as hardship relating to the property was shown by the testimony, parking in excess of the minimum requirements is being furnished. COL. CONSTOCKt Second. VOTBt Yes - 6 No - 0 Next regular meeting of the BOW to be on Decomiar 4th, 1967