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HomeMy WebLinkAboutMN-BZA-1969-08-04 BOARD OF ZCKING APPEALS, CITY OF ITHACA, CITY HALL, rrHACA, NEW YORK AUGUST 4th, 1969 APPEALS NOS. 852 and 855 PSENT: RICHARD COMSTOCK, Chairman GEOFFREY WEAVER RALPH P. BALDINI BEVERLY MARTIN C. MURRAY VAN MARTER, Building Commissioner & Secretary THE CHAIR: Opens meeting. There are only four members of the Board present tonight, Mr. Weaver, Beverly Martin, Doctor Baldini, and myself, casting a vote, and in compliance with the regulation, it �.. requires an affirmative vote of four members of the Board to determine or grant any relief, and if you, Mr. Fernandes and Mr. McElwee, care to contnue with the understanding there are only four members present, which would require an affirmative, uniform vote to grant any application, it is satisfactory with the Board. MR. FERNANDEZ: It is all right with me. MR. McELWEE: Satisfactory with me. THE CHAIR: Our first case is No. 852, the Appeal of Harry L. Hunter, P. 0. Box 1729 Hershey, Pennsylvania, for an exception to width of lot at street line for one family residence at 409 South Geneva Street, Ithaoa, New York, under the pro- vision of Section 7, Column 8, in an R-2 District. Do you represent Mr. Hunter, Mr. Fernandes? ANTONIO G. FERNANDEZ: Yes, I do. My name is Antonio G. Fernandes and my address is 120 James Street, Apartment 99 Ithaca, New York. First, I want you to excuse me if some of may words won't be understandable to you. Now I want to refer to the objections of the people living around 409 South Geneva Street. I am trying to build a house and I will explain why. In Ithaca, United States, the only family we have lives half a block from there, mfr wife's sister, and my -2- MR. FERNANDEZ: wife is sick and we want to live close to the others. So I want to build a house there. I will build ten feet each side of the house and go back by the require- ments, the setback of twenty-five feet. The house is going to be a regular house, two stories, but we want a family room or office for myself downstairs, a laundry room, living room, three bedrooms, kitchen and bath. That will be the only house that will be more separated from the other houses in the block. The house won't be very wide. It is going to be twenty feet wide but forty feet big or long. This is one of the longest blocks we have in Ithaca, a long block, with maybe only eight, no more than nine, this side of the bridge. I don't see a crowded block over there. For the rest of the house it will accomplish all the requirements they ask. That is all you can do$ the things you have to do. I am going to build with the new regulations and I do not see any real basis to oppose to the house. THE CHAIR: Have you a plan? A. Yes. MR. WEAVER: Have you bought the lot? A. No. MR. WEAVER: You have it on option? A. Yes, Appellant's Exhibit 1 marked for identification, being plan of proposed house, on subject lot Members of Board examine the plan. THE CHAIR: Are there any questions? DR. BALDINI: For the record, as I understand it, there is a five foot right of way on either side of the lot line, which could be driveway. Also, if it is necessary to remove some existing garages to comply with lot coverage requirements, the appellant is willing to do so. And the "office" referred to in the testimony, is, as I understand, to be in the nature of a den. MR. WEAVER: What is the lot percentage? MR. VAN MARTER: There are a four-oar garage and an attached shed. He would have to remove the shed and two garages and leave two garages remaining, to meet the requirements. The property, back as far as 1957, did not show other buildings than the garages that are there now. -3- MR. VAN MARTER: The lot size is adequate, being 5881 aqua" feet in the lot. The house is 880 square feet and total per- mitted is 1470 square feet. There would be a total of 1440 square feet if the shed and the two garages are removed and the house built. MR. WEAVER: Would you have any objections to removing the shed? A. Oh, no. THE CHAIR: Is there any one to speak in favor of this appeal? None. Is there any one who wishes to speak in opposition? GERALD KLEIST 407 South Geneva Street: I would like to ask a question first. Ori the card we received, it said there was to be a hearing here on the width of the front of the lot. Is there zoning against it? MR. VAN MARTER: The Zoning Ordinance of 1961 calls for a width at the �.. street line of 50 feet in an R-2 district. The propo- sition for construction meets all other requirements. When the percentage of lot coverage can be met, and he agreed to remove the parts that exceed the require- ments, so the total ties in with 1470 square feet, and he could build it. The only thing deficient is width at the street line. This is the District Regulation Charter and it reads: "50 feet for a one-family dwelling" so he needs a permit. MR. KLEIST: I - and a few of the neighbors feel as I do - that putting a house into a small lot as we see it now, seeing all these houses jammed in like sardines - across the street is the way that looks, and it would make our side of the street this way. It had to be a narrow house and we feel it wouldn't be a very good idea at phis time to put a house in there because of the messiness of the lot. MR. WEAVER: Will you take a look at the site plan? MR. KLEIST: You don't even notice the shed. There are four garages there now, which are kept up and it isn*t a foul sight in the neighborhood. Maybe the people in the back could see this shed. `,' MR. WEAVER: Having seen the plan , do you feel any different? MR. KLEIST: It still looks to me as if it is going to load it up quite a bit. With a driveway on either side of the house, this would be a tight hath down there again. MR. FERNAN=t Maybe the gentleman doesn't understand about the driveway. This is a picture of the lot. Appellant's Exhibit 2 marked for identification THE CHAIR: This represents a photograph of the lot in question. MR. FzmulmEZ: The existing driveway shoran on the exhibit is 10 feet wide. Out of this 10 feet, five (5) belong to the lot. When I build I will be 15 feet away from the house. THE CHAIR: What is the distance between houses on that block? MR. FZMLUXZ: Maybe some will be more but you will flad- lke this an most. THE CHAIR: To Mr, Klaist: Do you know if there are any differences in the rest of the block as far as distance between thew? MR. KLEIST: Most of them are very close. In most oases you can not get a oar down through there. THE CHAIR: Would you say the average house is built within five feet of the property lines on the sides? MR. KLEIST: Yes. THE CHAIR: Is there at present a driveway on the south side of this lot? MR. KLEIST: Yes, but not in use. THE CHAIR: That would be 411-413 South Genova Street? M. KLEIST: Yes. MR. WEAVER: Who is the owner of the property north and south of this? MR. KLEIST: I am north and on the south side is Cora Reynolds. She has a double house on the south side. DR. BALDM t How msrq other houses have a setback of 20 feet? MR. KLEIST: A11 are set back appro:oimatsly the same distance, whatever the requirements were when they were built. M. BALDIHI: Are there airy other houses on the block that have a 25 foot setback? -5- MR. XMISTa There is no house on the wrest side that approaches a 20 foot setback. There is one house on he east side which approaches about 18 feet of setback. There are two that approach about 3* feet setback and all the rest of the houses on the block on the east side are less than I* feet. DR. BALDINI: How about either side? MR. VAN MARTFR: 407 imediately north is just under feet and the one to the south is that one which approaches about 18 feet. THE CHAIR: Is there azy one here who has anything to offer in connection with this application? None. Thank youg Mr. Fernandez. -6- �., TBB CHAIR: We wit] proceed with Case No. $559 the Appeal of Wilcox Press,, 445 East State Street, Ithaca,, New York,, for em*option to requirement front yard depth for addition at 415 But State Street,, Ithaca,, Now York,, under provision of section 7. Column 12 in a B-4 District. I believe Mr. MoElves is appearing. RAYMOND MoELWEE 303 The Parkway: Appellant's Exhibits 1 and 2 marked for identification,, Exhibit 1 being modified plot plan,, and Exhibit 2 being a survey of lands of WUoox Press. This is the request of Wilcox Press to build an addition to an existing building closer to State Street than is permitted under the Ordinance, The Ordinance requires a 10 foot setback. The existing building is 23 feet back. It is proposed that the addition of a building 30 by 40 feet ba built on the same building line,, or the same setback from State Street. The will consist of a high basement,, whioh will be used for storage and boating pl.ant,, and the first floor will be used for their computer, typesetting equipment,, key parts,, and so forth,, wbith photographic equipment. It is proposed a cinder block building on a concrete foundation,, with asphalt shingle roof to match the existing building. The existing building might be known batter to the Board �.. as the former Ithaca Railway ticket office. I reviewed the request with the Planning Board and their comments- you ommen s-you have in front of you. They request something be done to dress up the front of the building,, and Mr. Wslcox is ready to do so,, with also a provision for runoff from the roof, which sewers to State Street from the north. This will be done. The one feature the City might benefit from is the 40 foot long retaining wall at the front,, which will tend to retain lands which the pity now feels responsible for. it will not connect with the existing retaining wall. It will. be along the sidewalk and extend 40 foot and go up to the wall and the building* It might be to Mr. Wilaoxts interest to put some small, shrubbery in, although this would not affect the runoff, This will be carried along the eaves and probably to the eastern end of the building and down the bank by gutters. I might point out that the existing map shows Carrie Dean as one property owner and Ithaca Railway as shown. These are now awned by Wilcox Press. There is a small property in there owned by Andrews, which is presently occupied. THE CHAIR: You indicated that the new building will be architecturally compatible with the existing structure? A. Yes. MR. VAN MARTER: Is there adequate parking? A. Yes,, and there will be no curb outs, and they will use the existing sewer line which goes to State Street, THE CHAIR: As there is no one to speak in favor or in opposition,, thank you,, Mr. MolLwee. MMUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA' AUGUST 49 1969 APPEAL NO. 852: DR, BALDINI: Move that the application be granted with the proviso that a sufficient amount of existing buildings be removed to comply with the required percentage of lot coverage. Findings of Faots 1) It will not be out of character with the existing houses in the neighborhood; 2) It meets all the requirements with the exception of the width at street line as required by •the Zoning Ordinance; 3) That there is a practical difficulty and special condition which makes compliance with the regula- tion impossible in that the lot would not be • useable for azW residential purpose without the granting of this wcoeption. Seconded by Beverly Martin VOTE: Yes - 4 No - o MDTION CARRIED. APPLICATION GRANTED. 4 • EXECUTIVE SESSICN9 HOARD OF ZONING APPEALS9, CITY OF ITHACAt AUGUST 49 1969 1r APPEAL No, 855: ML WEAVER: Move to grant the application for the following reasons: 1) Because of the terrain it would be impractical to buil&.the addition with the required setback; 2) It is consistent with the front yard setback of existing structures; 3? The practical difficulty has already been accounted for in Reason #19 and the spirit of the regulation is being observed. Seconded by Dr. Baldini. VOTE: Yes • 4 No - 0 MOTION CARRIED. APPLICATION GRANTED. U