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