HomeMy WebLinkAboutMN-BZA-1969-09-08 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK
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SEPTEMBER 89 1969 APPEALS NOS. 849 & 858
2
3 PRESENT:
RICHARD COMSTOCK, Chairman
4 RALPH P. BALDZNI
JOHN BENTKOWSKI
5 STUART STEIN
BEVERLY MARTIN
6 FRANK ALO
C. MURRAY VAN MARTER, Building Commissioner & Secretary
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CHAIRMAN opens meeting, all members present.
8
THE CHAIR: The first case will be No. 849, the Appeal of Charles
9 McGurk, R. D. +59 Ithaca, New York, for a variance
to expand a non-oonformirig use as a picture framing
10 shop at 414 West Buffalo Street, Ithaca, New York,
under provision of Section 79 Column 29 in an R-3
11 district. Who is appearing?
12 HARRY S. HAMILTON: I am Harry Hamilton, representing Charles MoGurk,
the owner of 414 West Buffalo Street. This is my
13 affidavit of mailing of the notice of the meeting.
\ ' 14 Members of the Board, this property is on the north
side of West Buffalo Street in an R-3 district, which
15 does not permit any type of business to be in it.
We have been able to brace a little history of this
16 building, and find that apparently it was built
around 1900 and was originally part of 416 West
17 Buffalo Street. It seems probable that the first
A. & P. Store operated there. Later in the thirties
18 and forties, a Red & White Store operated there, and
some time in the early fifties there was a move to
19 have a fish market there. A neighbor did not think
this too desirable, so bought the property and put
20 this picture framing business in there. ley client
purchased the business in 1961, and the property in
21 1967, and has been operating as a picture framing
business ever since. This is a skilled craft still
22 done by hand as back in Biblical times. There are
no noxious odors, no flammable materials stored on
23 the premises, and it does not emit any fumes.
24 Appellant's Exhibit A, being assessment map, marked
for identification
25
• The Odd FeMows Home is next east and has a common
boundary with this property at 412 West Buffalo Street.
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MR. HAMILTON: The other two non-conforming uses in the area are
across the street, Peter's insurance office and
2 Mack's Photo Copies, as marked on the map. It is
3 really not intended to expand this business itself
nor the use itself, but it is necessary that my
4 olient have room to do.the same work as is being
done there now, but to the best advantage. If arq
5 of you have had an opportunity to look at the building
at all, you know it is a small building; it is not in
6 very good repair, and more room is needed to do the
same work.
7 Appellant's Exhibit 29, being plot plan, marked for
8 identification
9 In order that may client can comply with the lot
coverage, the requirementa, it has been necessary
10 to obtain an option on the additional parcel in the
rear, shown as being 38 feet deep and 48 feet wide.
11 This gives us plenty of room to put the size building on
this property that is necessary. This is next to the
12 gentleman's garage at 416 West Buffalo Street, and is
now sort of a catch-all for trees, old shrubs, brambles
i3 and so forth. We have an option to buy it, provided
this Board will allow us to use the property, so that
14 we can expand the building itself.
15 Exhibit 2 shows you this additional parcel, which we
have an option to buy. It also shows in solid lines the
16 existing structure, which has two little additions,
with sort of a shed in the back. The area which we
17 hope to build is 8 feet on the west and 4 feet on the
east and goes back to encompass the greater share of
18 the existing structure. This is shown in dotted lines.
19 Appellant's Exhibit 3, being option agreement, marked
for identification
20 This is the original option, which we have to purchase
21 this parcel in the rear. Presently this business is
operated by a manager, Mrs. Farrell, who has been with
22 the business for eight years, and I would like to ask
her for testimony to show you why this modernization
23 is necessary.
24 MRS. LEON FARRELL: I am Mrs. Leon Farrell and I manage the frame shop.
25 BY MR. HAMILTON:
Q. How long have yoV6een the manager?
�'`, A. Eight years, May lat.
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Q. Are you quite familiar with the plans which I have shown to the Board
2 tonight for modernisation?
3 A. Yes, I drew them.
4 Q. Will you explain why it is necessary that this modernization take place?
5 A. We need more storage space and more work space. In order to serve our
customers well, it is necessary to carry^ a nice supply of moldings and
6 mat boards. We just do not have the space to store theca and need
working area also. Even in order to get to our telephones we squoeeze
7 into an area about one foot wide. This added portion is necessary to
get around in. The chief reason that I am interested in getting a
8 larger building is that our molding presently is stored haphazardly
and it warps. I would like to store it vertically, but there is not
9 a high enough ceiling to do this. We now have to put it in two dif-
ferent places, but mostly- it becomes warped. Also we have no place to
10 store the short ends and medium sized pieces. We have been uing a
chopping equipment bought from Miller's a long time ago. We do have
11 a mitre saw. I bought new equipment but there is no room for it and
I have had to set it in the middle of the floor. We do wastes.-a lot
12 of time in working around this very cluttered space. . It's< just like
Xagee!s closet. We do not expect to change the sales area at all.
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Q. What are the hours of operation?
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A. Technically we are open from nine to five.
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Q. No evening hours?
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A. Some times before Christmas we might work two or three evenings.
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Q. Is there any loud noise in connection with this operation?
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A. No.
19
Q. Any unpleasant odors?
20 A. Oh, no, most people like the smell of the wood.
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Q. Are there any complaints from the neighbors at all?
22
A. No, none that I ever knew of.
23
BEVERLY MARTIN: Can you accommodate off-street parking?
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MR. HAMILTON: It really is not needed or necessary. There are
25 only one or two patrons there at a time and they
park right on the street.
MRS. FARRELL: There is room for two or three cars there now where
we come out with the now part of the building.
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MR. HAMILTON: Usually a patron stops to pick something up and
2 goes right away again. They come by appointment.
3 DR. BALDINI: What do you plan on doing with all this land in
the back, Mrs. Farrell?
4
MRS. FARRELL: We plan to clear it all out. We do not expect to
5 have our building on it.
6 MR. HAMILTON: It would be made into a lawn. This exposure is
quite important to this business because it would
7 give a nice northern light, and would have nice
windows; it would be built to the rear and would
8 give this northern light and make the rear attractive.
9 MRS. FARRELL: We think it will look better with the old additions
removed and this part additional built on. There
10 will be windows where there really aren't any now.
11 DR. BALDINI: Is it one story?
12 MRS, FARRELL: It will be twelve feet high but that is because I
need this space and height for molding storage.
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MR. STEIN: Have you ever given consideration to moving to
`! 14 another location?
15 MRS. FARRELL: We tried very hard for another location and failed
before, so we bought the property where it is now.
16 At that time we looked all over Ithaca. People
who are carrying pictures do not want to be walling
17 downtown for any distance, and we -find that people
from downtown and even elderly people can walk
18 easily to our location. Our clientele can park
right in front and much of the merchandise is very
19 heavy.
20 MR, HAMILTON: Now, this is a non-oonforming use in an R-3 district.
Generally planners take a dim view of extending a
21 non-conforming use. The theory is if,you can't repair
it, it goes down hill. Our Zoning Ordinance :is only
22 a little bit more liberal. Under Section 10-b:
"Repair. Any structure or portion thereof deolardd
23 unsafe by authority may be restored to good condition."
You really can not do anything unless it is declared
24 unsafe by the proper authorities. I think you will
find the authorities are reluctant in any situation
25 to say, "You have to do this". One of the purposes
of a zoning ordinance is to maintain the values of
property. This is on page 1 under "Purposes".
If my client can spend $15,000 or $20,000 to make
this an attractive property, it certainly is not
going to devalue the area, but will make the proper-
ties more valuable and improve the area. I ask the
Board to take this into consideration.
THE CHAIR: Are there any questions by the Board?
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None.
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Would any one care to add anything in favor of
4 this application?
5 None,
6 Is there any one here opposed to this application?
7 None.
8 THE CHAIR: I have a letter here which was received by hand
tonight, dated September 8th, addressed to Mr.
9 Van Marter, which I will read:
10 "Mr. Murray Van Marter
Relative to: The MoGurk Hearing.
11
Dear Sir:
12
Being "Invalid" I am not able to attend the hearing on the Appeal
13 for an Extension of Building Permit for structure at 414 W. Buffalo St.
- which property adjoins at the rear line - my side garden line at the
14 back of my property at #109 Park Place.
15 I feel that this building, which has been a business place for many
years, would not be a betterment to the community by granting an exten-
16 sion of slid building. The lack of interest in the care ofthe land at
the rear of this building creates a hazard as ..,oll as a detriment to the
17 adjoining property.
18 Therefore I would not be in favor of this building being made
available to tenants not interested in exterior upkeep as is now evident.
19
Very truly yours,
20
/s/ Hazel G. Clapp
21 (Mrs. John L. Clapp)"
22 MR. HAMILTON: Her parcel abuts the parcel we are going to buy and
improves and she is complaining about how bad that looks.
23 This is the good part about our request.
24 MRS. FARRELL: She has never come to me to complain. We have tried
to make the front attractive. There is a fence up
25 between this property and ours.
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MR,
6MR. HAMILTON: We are going to help Mrs. Clapp by purchasing this
2 property, by making it look nice and clean back there.
3 MR. McGURK: I would like to enlarge on this "northern light" for
Just a bit. Any art studio needs a northern light.
4 It is our hope to replace the present shed with good
windows on the rear, which would give us good light
5 for working. It is our serious intention to clean
it up back there, and not use it for business. This
6 is our plan.
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BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK
1 SEPTEMBER 80 1969 APPEALS NOS. 849 & 858
2
3 PRESENT:
4 RICHARD COMSTOCK, Chairman
RALPH P. HALDINI
5 JOHN BENTKOWSKI
STUART STEIN
6 BEVERLY MART334
FRANK ALO
7 C. MURRAY VAN MARTER, Building Commissioner & SEcretary
8 THE CHAIR: We will go .to Case No. 8589 the Appeal of Gulf Oil .
Corporation, 1001 North Clinton Street, Syracuse,
9 Nov York, for a variance for use to construct a new
gasoline station at Southeast corner of West State
10 Street and Corn Street, under provisions of Section 7,
Column 2, in a B-2 District. Who is appearing?
11 STEWART PELT ON
12 18 Juniper Lane
Liverpool, Now York: I am the real estate representative for the
13 Gulf Oil Corporation, and Mr. Louis K. Thaler.
14 LOUIS K. THALER: I appear in behalf of the owners of this property
at West State Street and Corn Street, the owners
15 being Minnie K. Cramer and Rachel Thaler.
16 I have here an affidavit of mailing and the
notice to owners within 200 feet of the property
17 in question. Also, Mr. Chairman, I would Like
to know whether you wish the application which was
18 filed by the Gulf Oil Corporation to be amended
so that either I sign on behalf of the owners,
19 or, as I have n y wife with me, that she could sign.
20 THE CHAIR: Whichever way you wish.
21 MR. THALER: The question of hardship is on the owners, and I think
it would be helpful to the Board if we agree that we
22 have this amendment. It does not change the application.
23 (Mr. Thaler changes signing on original application)
24 MR. PELTON: Mr. Chairman and Members of the Board, this particular
problem started about two years ago, when we were about
25 to be displaced by the Urban Renewal Agency at Cayuga
and Green Streets, and we started to try to find a
replacement location for this one being condemned.
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MR. PELTCN: We foundthis location at the southeast corner of West
2 State Street and Corn Street. I have filed with the
Building Inspector the building plans, ERN 1086, duly
3 stamped by the New York State Department of Labor, and
which meet all requirements of the fire codes in the
4 City and State, and all building codes. We did not
meet the curb out codes, but we have changed them to
5 meet the requirements in the City of Ithaca.
6 Appellant's Exhibit 1 marked for identification, being
building plans and consisting of eleven (11) sheets.
7 We have proposed here something which I think is appealing
8 and much upgrading. We have proposed this three-bay
residential colonial style service station, with brick
9 exterior and to be well shrubbed and fenced. We have
taken pains to leave the existing trees on the street
10 line, and we feel this is very compatible with the com-
munity and will be an asset. Even the lighting we have
11 proposed is of a lighting style that keeps the lighting
on the property, and not on the street,. and this is a
12 rendering of the building we propose to construct,
showing the Colonial style and the style of the lights.
13
Appellant's Exhibit 2 marked for identification, being
\-' 14 picture of proposed structure, particularly as to the
lights.
15 This is not our standard light design, but is a Colonial
16 style light which breaks the light downward and not out
into the street. We do not want this light out in the
17 street, shining in the eyes of motorists, as we do not
want any complaints of motorists. And, this is to be
18 a service stationand not a gas station, the difference
being that the service station performs a service to
19 the motoring publio. And we do not allow any junk on the
property, nor turn it into a junk yard. This building
20 will come somewhere in the vicinity of $65,000 to
$70,000, not counting equipment. It is just the building.
21 The equipment to be put in will be roughly another
$20,000. When you place sales equipment in and other
22 things, you are just under $100,000 in investment, so
we would not consider this being turned into a junk yard.
23 We have just completed one in downtown Syracuse, and the
Common Council is much pleased. Now, if there are any
24 questions on the building, I will be glad to answer.
25 THE CHAIR: Any questions from the Board?
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MR. STEIN: You were responsible for looking around and selecting
2 the site?
3 A. That is correct.
4 Q. Will you tell us your experiences and why you selected this one?
5 A. First, we wanted to be in as close proximity to downtown as when we
were displaced by Urban Renewal. Second, we'couldn't �get' in the heart
6 of the City. Third, we looked at outlying areas, with all the proposed
road changes, and this is a difficult thing to determine, where best
7 you can be. Fourth, we looked at this site and knew it was going to
be there for some time. Fifth, you can not buy land on speculation,
8 thinking a road might go through. Sixth, this property was in poor
condition when we looked at it - originally I was told that the
9 people were negotiating with Carroll's. When they found that they
could not negotiate because of the lack of land, I thought we could
10 utilize it. You can not put these service stations in a residential
area and you can not put them in a shopping area, as there is not room,
11 so this is why we chose this site. I did not have any luck in looking
for other sites. You have to try to place a facility where it is
12 going to serve the public and not alienate them. Here you are on the
main flow of traffic going into the City. Getting into downtown is
13 practioally impossible.
`-! 14 THE CHAIR: $65,000 to $70,000 for the building, Plus equipment -
that is exclusive of the land?
15
A. Mr. Thaler will get into that. There is just one Gulf-crazed now, on
16 Seneca Street. There is another ichi.oh is privately owned by an in-
dividual, west of Meadow Street.
17 Mgt. BENTKOWSKI: Will this be Gulf-owned and operated?
18
A. A Gulf-owned leased location, wherein we build the property, have
19 control of the property, and lease the property to a private in-
dividual, to run his own business. These people are not on Gulf's
20 payroll. All Gulf stations are either leased or owned by the private
individual.
21 MR. ALO: Was that a Gulf-owned station across the street?
22
A. Yes.
23
Q. This individual - is he now operating any station wWwhere in the City?
24
A. This I do not know - Mr. Weir?
25
14R. BENTKOWSKI: He is not.
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1 MR. PELTON: I would like to say this: In many communities people
refer to a service station as a gas station. A service
2 station is different. In a gas station there is very
little investment. In a service station you build a
3 nice building and do all kinds of work in servicing a
car.
4
MISS MARTIN: Do you mean by that that the public would not see any
5 cars there for sales, for instance?
6 A. That is absolutely right. Cars, even unlicensed ones, on an area,
really constitute a junk yard.
7
MR. THALER: It is a very strict lease and this would be impossible.
8
MISS MARTIN: Twenty-four hours of operation?
9 k
MR. PELTON: No, each service station is unto itself; no two are
10 alike. On the New York State Thruway you need twenty-
four hours operation. I imagine the sales manager
11 would recommend from seven to ten (7:00-10:00) or
seven to eleven (7:00-11:00), but I doubt if more,
12 It is not a policy of Gulf to own and operate. This
does not give a man an opportunity. The more work he
13 does, the more work he brings in. We have, I would
say, 35,000 across the United States, and I would say
14 that from 28,000 to 29,000 are leased to individual
business men.
15
NR. THALER: We will call John Pitts.
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Q. Mr. Pitts, what is your profession?
17
A, Real estate salesman,
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Q. And you have been such for how long?
19
A. Over four years.
20
Q. Were you at one time associated with J. D. Gallagher Company?
21
A. I was.
22
Q. While you were associated with that firm did you approach me as the
23 representative of the owners of this property at the southeast corner
of State and Corn Streets?
24
A. Yes.
25
Q. And then did you, in the course of negotiations, bring a representative
of Carroll's restaurant business?
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A. I did.
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I Q. What was the reason they did not go on with negotiations for that
comer?
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A. They liked the location but there was not enough space.
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Q. Did you endeavor to buy more land in the proximity to satisfy, them?
4
A. We did, but were unsuccessful. The adjacent owners would not sell.
5
Q. During the course of endeavoring to find a tenant for the land, you
6 brought the Gulf people in?
7 A. That is correct.
8 Q. Do you know how long you have been endeavoring to find a tenant for
the land there?
9
A. At least two years.
10
Q. Did you start working even while there was a building on that corner?
11
A. Yes.
12
Q. Did you and I endeavor to find a use in conformity with the Zoning
13 Ordinance, a B-2 business?
`.. 14 A. Yes.
15 Q. Were we able to find any?
16 A. No.
17 MR. STEIN: In your endeavors to find a tenant to meet the B-2
requirements, what were your experiences?
18
MR. PITTS: Yes, one was Carroll's; there were other oil companies
19 interested in the location, but they did not pursue it.
There were several franchise restaurants who wanted to
20 come in, but mostly because of the space requirement
they could not use it. We.have had several olients but
21 they were not able to use the property.
22 Q. Is it your opinion this land is unsuttably zoned for B-2?
23 A. For business, ,yes.
24 Q. Have you spent a reasonable time?
25 MR. THALER: What is a reasonable time?
MR. STEIN: Have you been trying for a reasonable time, Mr. Pitts?
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u 1 MR. PITTS: We have advertised in newspapers. We have made many
contacts through various mediums; people have called
2 on us; through trade magazines, we have contacted
franchise companies, oil companies, restaurant chains.
3 We have made many contacts.
4 MR. BENTKOWSKI: Did you contact Jack Sams?
5 MR. THALER: I will answer that question later.
6 MR. STEIN: You mentioned these olients who were not interested
because of the size of the property. Were there other
7 conditions?
8 MR. THALER: No, it was primarily size. The size of the building
to be erected would not permit of sufficient parking.
9 Q. Why wouldn't a shop use a big property like that?
10 A. They could. This would be a good looation, but no one wanted to go
11 down there. Most people in the retail business want to be in the
100% location.
12
MR. BENTKOWSKI: Didn't Bishop's do it across the street?
13 MR. THALER: But he had to buy next to it. He is in the
14 process of buying it from Chaoona.
15 MR. THALER: You asked about Mr. Jack Sams. Dick worked with him for
a long time and he could not come up with something that
16 would take care of the land alone, and he could not come
up with any proposition that would carry the investment.
17 We also tried to work with the people who ware in that
building, Bea Nesby and her first husband. She said
18 that she could not carry it. There is quite a land
investment in there now because the buildings had to
19 be taken off. It is a situation where, with a B-2, you
can not do it. As to the 100% location, I can not within
20 my memory recall when there were vacant stores there on
State Street. That was unheard of years agog and you
21 can not even run a store in the 100% location. Mr.
Pitts tried to get any number of companies. We tried to
22 come up with something that could carry the investment
in that location. This is the only thing that can carry
23 it. I think that we have indicated that the situation
is an unnecessary hardship brought about by the fact
24 that buildings on there were demolished, while carrying
a large investment in the land, and the problem is to
25 use the land to carry the investment. We tried for a
long time, foreseeing what was going to happen. We
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1 MR. THALER:
Continuing: thought at one time that we had a transaction that
2 would satisfy the people and have a whole block there
and that fell through. We feel that under the ciroum-
3 stances that there is an undue hardship and that it
is within the meaning of the Zoning Ordinance.
4
In Section 1: "Such regulation shall be designed to
5 promote the public health, safety, general welfare,
and shall be made with reasonable consideration to
6 the character of the district, as to suitability for
particular uses" - and we have done that. Continuing,
7 "The conservation of property values which is very
important" - the only way we can conserve the value
8 there is by the use we have recommended.
9 MR. BENTKOWSKI: For how maty years was this property in the names of
Cramer and Thaler?
10 MR, THALER: I think the first piece on the corner, since 1953, and
11 then they acquired the one where the bakery was.
12 MR. BENTKOWSKI: It states that there should be a conservation of value.
_ The City had to condemn it.
13
MR. THALER: You can not get blood out of a stone. You can not get
i4 a girl who has been there to pay you more rent than the
business will carry. We were talking about a new
15 building and she indicated that she could not pay the
rent which would be necessary to carry the investment
16 in the land.
17 MR. STEIN: Mr. Pitts, when I asked before the reasons for rejection
of this property by potential clients you indicated the
18 size of the parcel. Slid you have any who might be in-
terested except for the cost on the land?
19 MR, PITTS: No, none.
20 Q. When you advertised, was the price quoted in to advertisement?
21 A. No.
22 MR. THALER: The owners would have control to be sure this land was
23 properly used. It is a very strict lease.
24 MR. THALER: May I in closing point out if this variance is granted
it would increase the income to the City, put a sub-
25 stantial improvement on that corner, and increase the as-
sessment valuation to the City and the community.
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`-! 1 MR. THALER: I could mention that the planning board indicated that
it is inconsistent with the existing Ordinance. As I
2 understand,, the Common Council has not adopted any plan
for the City. Neither I nor the owners nor Gulf nor
3 any representative of Gulf were notified of any con-
sideration of this matter by the Planning Board. As I
4 understand its this statement in the Planning Board
report is incorrect. It is not a gasoline station as
5 such. I have already told you they will lose very little
in the parking meters and what would be received in
6 the assessed valuation will pay for that many times over.
This would be a great improvement to that part of the
7 City. In a B-2 residence area right across the street
the variance was granted to Sunoco. And these people
8 were displaced from the Gulf station right across the
street from here.
9
THE CHAIR: Are there any other questions?
10
None,
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Does any one care to speak in favor of this application?
12
None.
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Is there any one to speak in opposition?
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None.
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EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, SEPT. 89 1969
2
3
B.Z.A. No. 849
4
MARTIN: Move that the application be granted with the provision
5 that all the space to the rear of the proposed new
construction be reserved as green area and parking not
6 be permitted in this area and the yard maintained as
though it were a rear yard of a residence; and with
7 the further provision that the alteration and new con-
struction be of wood frame with siding congruous with
8 the existing part of the building which will not be
altered, all in accord with the testimony given.
9
Findings of Fact:
10
1) That the use to which the property will be put is
11 a:hontinuation of a non-conforming use;
12 2) That the alteration and addition does not oontem-
plate an increase in the v&lume, but aocording to
13 the testimony, is directed mainly to the convenience
in maintaining the existing operation;
14
3) That the only objection was by letter from an
15 adjoining property owner and this was clearly
answered by explanation that this complaint was
16 not properly directed toward the owner or operator
of this business.
17
18 BENTKOWSKI: Second.
19
VOTE: yes - 6 No - 0
20
21 Motion carried.
Application granted.
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EXECUTIVE SESSICN9 BOARD OF ZONING APPEA.Sq CITY OF ITHACA, SEPT. 89 1969
2
3 B.Z.A. No. 858
4
5 AIA: Move that the application be granted for the following
reasons:
6 1) That it is not inconsistent with the character of
7 the neighborhood and will not be detrimental to
the public welfare;
8
2) That the testimony shows that the granting of the
9 variance is necessary for the reasonable use of
the land and this is the minimum variance that will
10 accomplish the purpose;
11 3) That the testimony indicated that there were un-
successful attempts made to locate other businesses
12 on this property.
13 COMSTOCK: Second.
14
15 VOTE: Yes - 3 No - 3
16
17 Motion not carried.
Application denied.
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