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HomeMy WebLinkAboutMN-BZA-1967-10-02 y .. BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, OCTOBER 20d, 1967 PRESENT: COLONEL RICHARD COMSTOCK, Chairman GEOFFREY WEAVER DR. RALPH BALDINI W. H. IiUOOOD GEORGE R. PFM14 JR. C. MURRAY VAN MARTSR, Building ChaaaIsstoter, Secretary THE CHAIR: The Board of Zoning Appeals of the City of Ithaete *ill now come to order. Tbli to a duly, appolv"d Boovd, meeting in a formal public hearing in the ayete.rs of t �` Appeals of Joseph P. Porter of 106 Litten Street, and of John D. MacLean, which appeal protontation-was post• pond from the meeting of September 7# 19P, The - bars of the Beard present beaidis myself and our Building Cownissioner, are Mr. heaver, doctor Baidioi, Mr. Elwood iand Mr. Pfann. one member of the. Hosed is absent, Mr. Sohn Ewanicki, leaving a board of five arra- bars only. According to the rules undar which we operate, it requires an affirmative vote of four mem- bers to approve any request for exception or variance or what have you, and If there is no objection by eithe one of the appellants tonight, we will proceed with five members. Appparently there is no objection. This BosrO Is operating under the provisions of the City Charter of the City of Ithaca and the Zoning Ordinance, but is not bound by the strict rules of evidence'; suffIvient legal evidence say sntetain. All appellants arr to identify themselves as to name and' address and indicate their Interest in thae case, and confine themselves to the per- tinent facts in the matter and thus avoid any extransom material. We will proceed with the first case at this time in the order listed. -2- THE CHAIRS The first ease is that of Joseph P. Porter, Case No. 772 with promises at 106-106k Linn Street, Ithaca, New York, for exception, percent of lot coverage and percent depth rear yard under provisions, Section 70 Coiamaa 11 and 15. An R-3 district, Addition. We are to Haar from the appellant. JOSEPH P. PORTER:' 106 Linn Street. Gentlemen, I certainly never expected to come before an Ithaca Board of Appeals and plead for anything that I right want in the City of Ithaca. Of amrse I did some; work on Common Council some for years back but. it is different now. This is a selfish appeal which I an making, but'extromely important to us. In the first place, .after my retirement from Cornell Uaiversity we decided to go down to Florida and we took our residence wi-th us and tried to become Floridians. It succeeded with myself but not quite so Mel with Mrs. Porter. However, since our children, two of our families, are r1 here in Ithaca, and I have a brother-in-law and sister living here, and in the early years of my retirement Mrs. Porter's mother was here, Ithaca still drew us and we would come up in the suer time to be with our families and get am' from the extreme heat, but we did net feel that we had the right to impose upok our children to care for us. We purchased a little two-family house which wet our needs. That was all-sufficient, but than things changed for me, and for the last few years I have not been well and could not possibly think of putting M Porter through the ordeal she suffered, for as soon as we arrived in Florida' last summer I had a serious series of heart attacks, and none of ray childxen could have come down in the .eNk agency. Also she does not drive and that it difficult. We had friends there but it was not like Ithaca. So we decided to coxae north and give up our Florida residence, and in coming north, we find that this little house is not going to be all we found it when we were just here relatively temporarily. It is very small and very old and the back porch must have some work done on it immediately. It is the only part of the house In bad condition. We found that I sm not going to be able to get out much in the snow and rough weather and the > ia a protileatf. We can not use the cellar for anything more than a rough type of cellar. It has a dirt floor and is very low. The soil pipes have just enough slope to carry to the strait. -3- MR. 3-MR. PORM The residence next to us and our place has to be flushed out by the City; there is not enough drop to Court Street to carry the matter away. Therefore it is impossible to put therein what we now find we must have, a washer and dryer. Therefore I want to enlarge the back porch, push! it farther back, which would give us enough room to change the present steps, and it would enable us to get a washer and dr.y#r in. My second request is for a place where I could have;a for my hobbies, which are in-door hobbies. We do not have sufficient room fol ase to do .any painting, which I enjoy very such, or playing with my collection of coins and that sort of thing. I probably would do some writing, and I new a study. I would like to put that into a jog in back of the house, formed by the rear bedroom and bath, which extends in the back. It is not large enough to make a good and decent room for me. I an asking to extend that south to some extent, to the acme extent a bay window extends, and the carry it again back toward the lot to the west of us, which is as-a+"n parking lot, which undoubtedly always will be Wit, undoubtedly for many years unless tht tom` residences are changed, this mould remain as a parking lot. , Therefore, these exceptions relate primarily not so much to our close neighbors as to this parking lot. Mr. Van Marter has here a plan I drew up simply to show him, no to present to you gentlemen at all, but just to show Mr. Van Mortar what I h In mind and ask him if there were a possibility for this. (Plan marked as Appellant's Exhibit 1 and shown to members of the Hoard for discussion) MR. WKAVER: How does it stack up with the percentage of lot size? MR. VAN MARTERs Yes, the coverage would be in the order of forty percent MR. HEAVER: It is two family. MR. VAN MARTER: They have a deficiency which does exist in accordance witth the Ordinance some gime ago. MR. HEAVER: For how long have you awned the prope ty? A. About six or seven years ago. THE CHAIRS Any other questions? None. We will accept your chart and mark it for an exhibit.- MR. PORTER: I would be very glad to answer any questions. THE CHAIR: Is there any one here in favor? bone. Any one in opposition? None. -4- THS CHAIR: The next case will be lie. 7679 the Appeal of John D. MacLean, 294 Hayts Road, Ithaca, Now York, for an excep- tion at 11921 Oiles Street, Ithaca, Now York, let also, percentage lot coverage* front yaad' :requirement, under provision, Section 19 Columns 7,14,12. Postponed ftp September 7, 1967. I believe that Mr, Abbott is appearing for the appellant. WWARD P. ABBOTT: I am appearing for Mr. MacLean and I have here copy of the letter which was sent out, the names of the individuals, addresses, and certification as to the mailing. (Appellant*s Sxhibit 1 marked for identification Me had a hearing last an September 7th, at which time the plans were submitte and the grounds for each exception submitted, and at that time it was adjouvaod to tonight to provide for proper selling of notices, at the wish of the Board. This copy of letter is now marked Sxhibit 1, and say I read the name. (Reads) So we are here again asking that an exception be granted, first, an Column 7, this being an R-2 sone, with a requirement of 50000 square feet for a dwellt for multiple family residences and there is about 3,200 square foot on this lot in that area. Next, the exception to Column 11, 25% 4overage of the land by the building. This is 28%, 25 feet and in this ease, 28 feet. In this area almost all of the properties are limited by the same geography. There are mostly income properties there and this would be two family units, one floor, but the land is about eight foot below the sidewalk level. This would be brought up, leaving a large area underneath, and will meet all codes as ss up by the City of Ithaca. It is not changing the neighborhood at all; most dwellings are similarly situated; the condition is beculiar to all the proper- ties there. So to actually comply with the strict letter of the Zening Ordi- nance, it would sake it impossible to put any house there. In this district we would not be changing anything at all, just a decent home, one story, with a two-car car port on the east side. THE CHAIR: How many bedrooms per dwelling unit? A. Throe upstairs and one bedroom on the street floor in the basement apartment. -5- MR. VAN MARTER: Would you like to show the plans? These did not actually get shown at the last meeting. MR. ABBOTT: The investment Mould be about $250000. The appellant does not Issew what the rents would be. The economics would be best to consider -now for himself or any future owner. MR. WRAVBRt Is the odr port attached? A. Yee. MR. VAN MARTRRt That part will have to be supported. no has to provide for off-street parking and this is the only way he can d It even though it will be excessive. MR. PFANN: Would you be able to build this house without putting th apartment in? Is it economically feasible to build this house for speculation for sale if you did not put in the apartment in there? A. I do not believe so because it is net the most desirable neighborhood. People want to live outside the City and this would be an int ane property. it would not hardly pay to develop it unless the person buying it had a little income to help pay for it. MR. PFANN: Would the same problem have been presented to you 11 .it; re on a flat, level rather than on this slope? You aro-AkelaS that the space in the basement is being created because of location and the slope of land. If this slope was not there, would you have the same building costs involved, does the slops involve a lot of increased building costs because of the large basement area and the parking area you Mould need to develop there? A. Yost that is it. THE CHAIR: Is there any one in opposition? WILLIAM CHUPPt 111 Giles Street. My question is neither in opposition now for, but how would the sewer problem be solved? The line is below the first floor but above the basement.- MR. MacLBAN: I was going to put in a lift. This would not complicate the situation. TIB CHAD Does that situation exist In other properties on that I street? MR. MacLUMi It does but I do not know how they manage. This one will have a submersible pump and°.it will have to meet all the requirements. r' THE CRAIR: I believe that is all. We have apparently no exhez interested parties. either for or against. 'thank you. 9� C �I hhI N� �la fl !I n Y 't 9 EXECUTIVE RESSION, 11OMD OF ?2'iiiM APPEALS, CITY OF ITHACA, OChOBSR 2, 1967 211E CHAIR: tet us consider Case No. 772. MR. ELWOOD: Move to g,rsat,the exception, the reason for granting being that there are practical difficulties in that the house> Is already Otoo large for the lot and not addqusta , family0s needs, and because it does not change the char - ter of the neighborhood. NR. WEAVERS Second. VOTE: Yes - S No - 2 THE CHAIRS Case No. 767. MR. WEAVER: Move to grant the exception on the grounds that there are practical dif4#culties in tbAt the terrain regeil" higher construction costs with a resulting value uRlike y to attract a buyer or bulldir without Isaeme, a ` a"t e` family gait. COL. 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