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
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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.
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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
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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.
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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
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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,
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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
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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.
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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