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HomeMy WebLinkAboutMN-BZA-1969-09-08 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK 1 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 7 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. -2- �• 1 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. -3- �✓ 1 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. 13 Q. What are the hours of operation? 14 A. Technically we are open from nine to five. 15 Q. No evening hours? 16 A. Some times before Christmas we might work two or three evenings. 17 Q. Is there any loud noise in connection with this operation? 18 A. No. 19 Q. Any unpleasant odors? 20 A. Oh, no, most people like the smell of the wood. 21 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? 24 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. -4- `• 1 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. 13 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? 2 None. 3 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. -6- 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. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. -8- � I 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? -9- � 1 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. -10- 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. 16 Q. Mr. Pitts, what is your profession? 17 A, Real estate salesman, 18 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? u A. I did. -11- I Q. What was the reason they did not go on with negotiations for that comer? 2 A. They liked the location but there was not enough space. 3 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? -12- 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 u -13- 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. -14- `-! 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, 11 Does any one care to speak in favor of this application? 12 None. 13 Is there any one to speak in opposition? 14 None. 15 16 17 18 19 20 21 22 23 24 25 � 1 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. 22 23 24 25 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. 18 19 20 21 22 23 24 25