Loading...
HomeMy WebLinkAboutMN-BZA-1967-09-07 BOARD OF ZONING APPALS, CITY OF TTHACA, CITY X"q ITHACA, NEW YORK SRPTA Sn 7, 1967 APPEALS NOS. 763, 7679 768 w PRESENTS COLONEL RICYiRD COMSTOCK, Chairman GEOFFREY WEA9ER W. H. ELWOOD G8DRG8 R. PFAHN, dit. JOHN EWANIC0 C. MURRAY VAN WARM. Buildtag Comissionart Secreeavy THE CHAIR: We are all ready. May we coma to order. This Is, the duly appointed Board of Zoning Appeals, mooting in formal public hearing. The members present tonight Abemr* heaver Elwood, lit. Pfann, Mr. Ewanicki, and 90* Building Cowntool- , .lir. Van Manor, and myself. Doctor Baldiei is.absmt tonight irhich leaves only five embers on the Board. Accotdiv4 to the regulat;tent it is requirod to have four affirmative vot to approve any action by the Board. If any one of you ob- J*cts to proceeding with five members of the Board instead of six present, we will continue their case until another time` ihen we have six embers here. Are there any ob}ecti 8 !tone We will then proceed. The members of the Baard are seated at the table and the Secretary of the Board and the Zoning Officer is an my loft. As each one of you speaks will you kindly indicate your interest in the case and please Includo � only .pertinent facts and exclude any extraneous material which might have a delaying effect. The cases noticed for tonight are Numbers 763, 767 and `768. -2. THE CHAIRt We will proceod t this time with Care its, 7639 which is the request for a special permit at 401 Hancock Street, the appeal of Perry F. Barnes, 401 Hancock Street, Ithaca, • New York, for an exception, the sign at 401 MiMeock Street# under Station 79 Caluan 49 in an R-3 District. Who is appearing for Ferry F. Barnes? Arthur J. Golder 1009 Hector Street, as agent for Mr. Barnes. ?be** has been soms difficulty and some misunderstanding on this oppoal. Dir. Barnes did not feel like appearing before the Board and has asked me to represent his. The diffi- culty was that he did net understand the certification of the mailing that went out to the vari-ous people in tto neighborhood. The Deputy Commissioner lead delivered a list of the addresses in that neighborhood within a radius of 200 fleet on the property, and Dir. Barnes sent a totter to all these peoplie, which i will now read. This con- corns a sign which is five by six, lightod-, with an auto- matte shut off, to be set not lister than eon in the awning, and located in our seen parking lot, which will not inconvenience any one. To be doubly sure that the neighbors understood all the loots, both he and his wtf canvassed the entire neighborhood of all that* addroOm on Madison Street, Third Strost, and Hancock Street and so forth, to be sur* that each of -these parties know of this meeting and know what the intent was as fan as the sign was concerned. In locating this sign so that you might better visual it, lot me ! back a bit. As you already know, Dir. Barnes was one of the dislocated par- ties due to the flood control project and the State Street project. He bad difficulty in re-locating his business and finally was granted the variance on the south side of Hancock Street in an R-3 residential melgbborkwA. There are two school* of thought on such variances, one being that based on the fact that a variance goes with be land; in other words, sstablish*s whatever the variance -3- calls for, that this therefore reams rltb that parti- cular sone. This being the case, there is as I see it, two schools of t~t, one being that anybody who is granted such a variance is thereby entitled to all the privileges that go with that. If we exceed these terse then we are faced with this situation, that the partieul r sone for which the variance to granted permits a sib with only 25 square .feet. This sign happens to be, because it is a paint manufacturers sign and they fur- nished it and these signs are all standard - this sign happens to be five by six, or thirty foot. If we accept the terve, than the original variance should have par- mitred all the pv"i leges that go with that varriaba-e then we are talking about another five additional fee;, only five additional feet. As far as location is von- corned, I might pass this around because this plan simme his business and the parking lot, and the garage at the next house. (Plot pian is passed to the Board and Board discusses i The sign, as you can see, is on a post. tie hiss *,couple of signs in the window but it is hard to see there. This is not in the middle of the parking lot as it would spec one parking space. It sits on a pole. MR. WMVBR: Do you have any idea of the brightness? MR. ODLDRR: It would be ten feet back from the lot line. Tbsss signs can be regulated as to brl mass - whatever the rul.lne is would be complied with. MR. WMVRR: Has he given any thought to a sign that would stay to the twenty-five square feet? MR. ODLDBRs W0119 it's a question of economics. If he had one manufactured, I do not know what it would cost. The company that furn,jshes it gave him a price of Throe Hundred Dollars on it. w4- THE CHAIR: Are there any other questions? Hone. MR.. VAN HARTER: If it is an illuminating sign, which I think it iss the brightness would not be above average. MR. MMU: This is internally illuminated with an automatic shutoff MR. WAVERS Mould they take the beer signs out of the window? A. Yea. THE CHAIR: Is there any owe also appearing either in favor or in opposition to this application? now THE CHAIR: We will now go to Case No. 767, which is the appeal of John D. MacLean, 294 Hayts Road, Ithaca, Now York, for an exception at 119.121 Giles Street, Ithaca, New York, lot size, percentage lot coverage, front yard require. seats, under provision of Section 79 Colurns 7,11612 In an R•2 District. Who is appearing for Mr. MacLean? EDWARD P. ABBOTT: I an here representing Mr. MacLean* who: is also here, John MacLean lives at 294 Hayts Road. This is a lot on Giles Street, with a freaUgo of 82 feet, on the vest side, 60 toot deep, an the teat side, 499 foot, and along the roar, 108.53 feet. These figures atv taken off the City tax maps. Along the front there is about an eight feet drop, where the lead is bellow Sbe sidewalk. To build this house he would be building it up to the sidewalk, which would leave a big arae under- neath, and this is where John is talking about a baeomeat apartment. Actually it is a one•stery, building with a basement apartment. (Shows plan to members of Board) MR. WEAKER: Was this for two families before it burned? MR. M scLBAN: Three families. THE CHAIR: When did it burn? MR. MaeLUN: Oh, about four or five years age. MR. ABBOTT: There would be here on the easterly side about 20 feet from the house a space for a car port to house two auto- mobiles, to if there are to be two families in there, the cars would be off the street. That whole area is full of apartment houses. It has always been that way and we are not changing the character and what he is wanting to put up would be set improvement. -6- THE CHAIR; where in relation to Giles Street is this? MR. '�NscLIIANt I as on the river side ever the creek. The City aeras the property on the river side. TRS CHAIR: I believe the square footage would be about 5200 square foot. MR. WZAVSR: dere notices sent to the neighbors by mail? MR. ABBOTT: No, except by paper and radio. (Discussion among members of Board as to requirement of lettors -walled to neighbors) MR. ABBOTT: Since this discussion and learning the necessity of meeting this requirement, I would request that this matter be adjourned to the October 2nd, 1967 mating of, ;' the Board of Zoning Appeals. THR CHAIR: If there are no objections this case will be adjourned as requested. No objections. •7• THE CHAIR: Case No. 768, which is the appeal of Phyllis Foshee, 124 Bast Court Street, Ithaca, New York, for a variance for use of part of property at 124 Bast Court Street, for business office, under provision of Section- 7# Column 2, R•3 District. Who is appearing? NORMAN D. FREEMAN: 215 Fallview Terrace. I appear sort of in a dual role hero, representing as agent for Macs. Foshee on the appeal, and also for myself as the contract purchaser of the property, so part of the arguments I shall make will be partly far her and partly for myself. ' I have a parchas offer which I would be happy to mark Into evidence, for the purchase of this property, which is contingent upon obtaining the variance which is ragvested. Appellant's Exhibits 1, 2 and 3 marked I would introduce as my first exhibit an original of thd ri purchase offerg which indicates a contingency o24mbr up _- obtaining the variance, . and also indicates the purchase price. I will try to be as brief as possible. Perhaps to give you an idem I might read at least part of the letter which I sent out to the neighbors within the radius. (Reads letter to Property owners, which letter is mads a part hereof, together with list of property owners to whom letter was sent) Perhaps I might say at this time that I have received n comounicatisns, other than 1 have received a letter whi h is marked wgxhibit 2^ free my good friend, Stanley Tsap s, and I have received telephone calls from Doctor Baker, Mrs. Blair, who 'owns a hods on Sears Street, a Mrs. Monroe on Sears Street, and another resident there, all Indicating in favor of this. I have heard as consents against it. MR. FRRAMMi The lot also of the property an the corner of Sears and Court Streets, the nort.beest corner, is 43 by 132% the house sire is approximately 32 by 34. At the present ti there are two 4-room units on the second floor, and one 2-room unitt on the first floor, living units and a beauty parlor. My proposal is to leave the second floor the , with three small living units, and to turn the f.irat fl r into one office for myself, and another three or four rs office that I would rest out. I also Intend to fix up the mostde of the house and make it more presentable. This proposal would, first, reduce the number of parking spaces from the six requlred' at present, to either three or four, depending on how you interpret the Zoning Ordi- nonce as to the use of the building, and how many spaces are needed. I think it is not necessary to belabor that Second, by removing the two units and reducing the living units from five to three, this would reduce the evening off-street parking problems, since offices are not norma ly occupied in the evening. To the best of my knowledge, t is would comply with everything in the Zoning Ordinance, ex- cept the ability to have office spaces in an R-3 sone, for professional offices. A lawyer, doctor or dentist is a home occupation, if he lives in the building. So it would appear that I could choose to live there, but I already have a home, and second, I do not believe that I would particularly want to rats nay children, and live myself, directly across from the Jail and the Sheriff Department. I might indicate that Mrs. Monroe, a tenant on Sears Street, indicates that t s is a problem, that it is very noisy, with the prisoners, also that police cars go out with their sirens blaring any time. So I would not choose to live there, but I would like my office there since it is close to the Ce house. The Zoning Ovdinance provides that doctors' offi es are permitted in an R-3 area, but excludes lawyers and W90 INR. FR RW (contdnuing)s other professional people. Looking at the Ordinance, a "madical.facility" is defined as "mad4sal and dental offices and other places of the same nature, for the diagnosis, treatment and other care of ailments". I might Also point out on the parking problem, there a many off street parking areas inthe area, and it would be easy to comply with the ordinance set for employs* parking.. To change a bit and go into the hardship of Mrs. Feshoo though I dislike to bore you with ftgures, but I guoss I have to. The total rents at present Approximate $412 per year. The actual total expenses are approximately $29509 which leaves a net profit of $1472. Now this of profit, and I as deducting taxes, repairs, miscellaneous utilities and insuaance, would not even come close to paying a fifteen year mortgage an the property; $259000 which I think would be reasonable for a $53,000 purchos price, is $2531.76 per year, which would leave a doficf of almost $1,100, just for paying the mortgage, and has nothing to do with profit, return on the $10,000 down payment. Even if you add a possible $1200 to the rent for rant of another first floor living unit, it still does not bring you tip to break even, to pay your expenses oaf your mortgage -from the income, and shows no return on t o $10,000 cash investment. New with an office on the fixot floor, the top floor rent would stay the same, the bot rent would almost double or ever, and would bring the total income to about $8200. The expenses too would g up, to approximately $36500 which would leave a net profit of $43509 which, after payment of the mortgago, would leave about an 8% to 10% on total investment. This 4ods not include ,tho money it would take over and above the $35,000 purchase price to get the offices into operation, -10- MR. FUM: and I have no estimate on that figure. But this would increase the amount of the Investment and lower that 10% return on the investment. Why is this purchase price at $35,000? I have seen the requests for building permits and I have contacted her and she says she has over $33,«30 of her own money in th house and the land at present. The house has been for sale for some time and the best offer As has had prior to this was $31,000, an oral offer, never followed up i wr.iting, .end with no stipulation on tie varianee. It I my opinion that it is going to be impossible for her to Set out the money that she has in it without obtaining variance of this kind. How, from my own point of view, why am I willing to pay $33,000 for it? I have trued to find offices in the C • house area. Most attorneys are moving their offices in this vicinity; my office in the Saviaos Bank is quite small; they have just raised the rent for my lease; I t an office near the other lawyers near the Courthouse; i haw made offers on two other properties, one the Itha College property on, the corner of Court and Tiega Stree s where the LoPi.ntos are, and the other was the ens next door that Bud Larkin now uses for his inswraaae office. They are just over two hundred fast from the building I m discussing new. I disoussed with them the possibility of renting something there and this is not available. have also had two realters go to various properties in the vicinity of the Courthouse, and this is the only on that turned up. The building is on a comer lot across from the Courthouse, the Jail and the Sheriff's office, which I think detracts from its residential quality. I might give you a partial list of the uses of the proper its In the general vicinity, especially toward State Street to indicate to you that this granting would not particularly change the area. Starting at Tioga and Buffalo Streets -11- Mgt. FRIEWS the Ithaca Savings and Loan, Doctor Maxus's office, an Interior decorator, attorneys and professional building, Thaler and Thaler, the building used by the Tompkins County Courthouse, Family and Children's Service, two other law offices and Larkin** insurance. To continue on Tioga Street, there are Temple Beth-el, the Tioga Building where the dentists are, and Gallagher and'Neav r, Doctor Baldiei and Doctor McCauley. Starting'at Court and Cayuga Streets, there 16_a-%8ecter Gray, a chiropractor, the Presbyterian Church and the minister's home, DeWitt Historical Society and the Sheriff's Office and Jail. 4n Cayuga Street gelag ..north at Court Street, the Kavanaugh real estate, Blair insurance, two Doctor Breus and an- other beauty salon. Duch of the area on which these properties are looks towards State Street, is tax-exempt, there being a park, the Church, a building belonging t Tompkins County. As you look to the right you would see apartment buildings and the Library, and to the left, Tioga Street with its professional officaes. Another item that I might point out is that the Churchas bringing traffic to the area would be in operation durimg the time the professional offices are closed, on eventags and weekends. I think that this property all around Is be- coming professional in nature, and on Court Street is not now a residential area by use and volume, but this is of course not true on Sears Street. Perhaps you know that there is an office and beauty parlor presently in E.' the building, whom I would put my offices, as the eal change would be from a beauty parlor to a lawyer's office. So we are really talking about a change for the back half of the building, end if I decided to live there, could have my offices there and would not then have to come for the variance. So it is my feeling that allowing a variance bore would not really change the use of the building nor substantially lower the character of the neighborhood. .12- MR. FRRO : I understand that the Planning Beard has recommended against granting this variance. I night point out that I requested a list by tonight, of the variances that t Planning Board had over recommended grouting, and have gotten as list to data. Vaight just fad up 'by pars- phrasing the appeal of Doctor Baldini, brought in in 1955 and I will not change many words. I think that what applied to his building applies twelve years lath to this building. It is 1) that the property cannot yield a reasonable return when used for persitted use; 2) that this will not lower the essontial character as granted; and 3) that the building application is due t unique circumstances, desiring to ire his offices and offices limited in numbelr and this Mould be adaptable fer such use. I feel that basically those are the reasons I as also asking for the variance. ?H8 CHAIRs Does any one have any questions? Mone. RXICUTM SESSION, BOARD OF ZONING APP=ALS, CITY OF ITHACA, 98P RR 79 1%7 Caere No. 763 Perry F. Barnes, 401 Ran000k Street, Ithaca, New York MR. PFANN: Move to deny the application on the ;rounds that as spacial conditions nor practical difficulties vhlah related to the premises were shown. Col. OOMMCKI Second. VOTtC: Yes - 3 No 0 Case No. 767 John D. MacLean tiles Street Adjourned to October 2, 1967 for republication and to permit appellant to give required notice by Mail. Case No. 768 Phyllis Foshee, 124 Bast Cert Street, Ithaca, New York MR. BEAVER: Move to grant the varienga because the testimony rev"Idd that there are speatal circumstances and unique coaditi which would prevent this land and building from yieldi a reasonable return if used only for pewsitted purposes, and that the granting of the variance is necessary and proper for a reasonable we of the land or building and that the granting of the variance will not be detrimental or injurious to the neighborhood or to the public wife , COL. COMSTOCK: Second. VOTE: Yes S No - 0