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Home My WebLink AboutMN-BZA-1968-10-07 BOARD OF ZONING APPSALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, MELTING OF OCTOBER 7th, 1968„ TO CONSIDER APPEAL NO. 910 i nrrr+r.arirrrrr.�ur ■r rr�rwr�rrruwr F PRESLNTI RICHARD COMSTOCK, Chairman GEOFFREY WEAVER BURLY MARTIN GEORGE R. PFANN, JR. RALPH P. BALDINI JOHN BENTKOWSKI C. MURRAY VAN MARTER, Building Commissioner & Secretary THE CHAIRm This is the duly appointed Board of Zoning App*&It, meeting In a formal public hearing in the matter of time Appeal of Ceracehe & Company of 519 West State Street, for now construction at 521 to $23 West Senses Street and 326 to 530 West State Street, exception requested under the provisions of Section 7, Columns 13 and 14, aide yard requirements, In a B•2 District. The members prosent bealdos myself are Geoffrey Weaver, Beverly Martin, George Pfann, Ralph Baldini, John Boatkowski ;end C. Murray Van Marten, Building Commissioner. This Board is oporati& wndsr the pro- visions of the City Charter of the City of Ithaca and of the provisions of the Zoning Ordinancest but the Beard shall not be bound by strict rules of evidence In to conduct of this hearing, but the determination shall be foun- dad upon sufficient legal evidence to sustain the same. The Board request# that all participants identify themselves as to name and address and confine their discussions to the pertinent facts, including all that are valuable. Please avoid optrawous material which would have a delaying offset. We may now proceed with the hearing of Case No. 910. You F are representing the appellant, Mr. Wiggins? WALTER J. WIGGINSt Yes, Mr, Chairman, I an here representing the applicant or appellant, Gentlemen and Ladies, it is a privilege at the very least to be here tonight requesting an exception in a situation which is completely unemotional, an opportunity whish I appreciate, having had to fight previously for a variance or exea +tion. Here is the affidavit of service by mail, which .2W MR. WIGGINS (continuing)s you may wish to identify for the record. Appellant's Exhibit 1 marked for identification F Let as tell you the problem as it exists. I have drawn a rough sketch on the board of the premises as proposed, with adjacent property, Ceracche and Company owns a siseable tract of land between State and Seneca Streets, as shown here, and to try to orient you, the TV Shop to cop here on Skate Street, and here we have John's Luncheonette and Dere, Slottoo's. The Caracehe and Company line runs between State and Seneca Stroetn to a point here where there is a four feet jet toward the east, and than continues straight again to State Street. Your Ordinance requires a five foot side yards There is no problem as we come along here right to this point, and the building at present is underway right up to the Slott** sections and here we reach the four Poet J649 Se we arse- requesting that a IA— wall be permitted to be oonstructed out to State Streets, which would leave a one foot yard instead of the five foot yard. It is im Vos4ble to pick up, more lands The Slott** building would come downs There is no side yard between the two, that and Nick's Restaurant. And there is thus presently an encroachment on this property. We are requesting to build in a straight line to State Street, ignoring the jog. We have a consent here from the owners of property, Nick's Restaurant and to the corners Appellant's Exhibit 2 marked for identification, and read by Mr.* Wiggins, as followss "WE, THE UNDERSIGNED, being the sole owners of premises located at 534 and 536.538 West State Street, Ithaca, Now York, hereby consent that the variance be granted requested by Cerrmoohe and Company, Inc.,, premitting,..:.., said company to construct' a building within one feet of the property line dividing promises owned by us and presto" owned by Coroache & Company, Inc. "Please be further advised that we urge the Board of Zoning Appeals to grant said variances /s/ GAETANO PULLONARI _g_ MR. WIGGINS (sontinuing) t The two existing buildings would be removed for parking. One is a residence owned by this company and the other is a warehouse, and these would be removed to provide parking, which will be no problem. The first part of the building (indicating) will be occupied by the U.S. Gee- logical Servittes, whose primary concern, I believes, is the study of lake waters. This other part toward State Street has not been rented, and no oto mittment has as yet been made. The front of the buiWmg would be faced with glass with a regular store front. MR. WRAVERt Hew far are you on the State Street side? MR# WIGGINS# Ceraeehe owns John's Luncheonette and the neat building is Shepard'a Bike Shop. We would have tern to twelve leen on one side and ane foot on the other. Nick's is a building that ultimately will come down. MR. PIFANNt Do you meet the Column it requirements? MR. VAN MARTERt This was by agreement, to join the lot which oomprises about fire parcels of land. MR. WIGGINSt Right, which were individually purchased. MR. DAN MARTERt The distance between the west side of .John's Luncheonette and the neer building • eight to ten feet? MR. WIGGINSt On the plan shown to you it appears that the distances are less. On your plan this building, Slotteo's, does not shorn where it anaroachose r TONY PETITOt Our problem in this corner is the present stairway. We are going to take care of that, from the Seneca Street side you will be able to walk parallel fremthe luncheonette right through to the new building. MR. WIGGINSt Let me may that I believe it would be reasonable to require to permit assess to the rear of the buildings, but this problem does not exist because the company earns right through from Seneca To State Street. .4- MR- 4-MR. VAN MMMERs The State SuildinR Construction Code permits this. MR. WIGGINSr On State Street to Albany Street they are all common party walls but down in this area the Zoning Ordins"o still hold I understand that the Planning Board has reeemsended that you approve this exception, aentlemone THE CHAIRS Right. Is there any one here to offer anything in opposio tion to this application? I+tesrae+ EXECUTIVE SESSION* HOARD OF ZONING APPEALS, CITY OF ITHACA* OCTOBER 7, 1948 THE CHAIRs Let's consider Case No. 810, RALPH ULDINIs Move to grant the exception beosmse it is a reasonable request] saxV of the buildings In this area are fire* resistive: this am building would enhAune the nelgbbor. hood and would replace three from structures. JOHNIt TKOWSKIs Second. VOTE s Yea 0 4 He - 0 THE CHAIRS Application unanimously granted. There followed a short discussion of "In the Matter of the Application of the Estate of Peter Atsedes, for a Judgment and Determination Ann ling a Ruling of the Board of Zoning Appeals of the City of Ithaea, Now York, Rerspondent", for an Order to Show Cause. Mr. Pfann resolved the papers pertaining to this, for a review of such. r