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HomeMy WebLinkAboutMN-BZA-1969-11-03 t BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK9 REGULAR MEETING, NOVEMEER 3, 1969 PRESENT: RICHARD COMSTOCK, Chairman RALPH P. SALDINI BEVERLY MARTIN i JOHN E6NTKOWSKI STUART STEIN GLENN BORA, .0spity Bailding Commissioner and Secretary THE CHAIR Calls meeting to order. THE CHAIR: Oar first case is No. 841, the Appeal of Wilma G. Lloyd and Aubrey T. Lloyd of 201 Cleveland Avenue, Ithaca, New York, for a variance for use as Lloyds' Secretarial Service at 201 Cleveland Avenue9 under Provision Section 2 "Home Occupation" in an R-3 distri t. 3 Who is representing the appellant? DAVID B. GERSH: I am here representing Mrs. Wilma Lloyd and she is now working her way aver here to the stand, and I would like her to answer some questions, so that you will understand the request for variance. Wilma G. Lloyd, questioned by Mr. Gerah, answers as follows: MR. GERSH: Q. What is your full name? A. Wilma G. Lloyd. Q. And where do you reside? A. At 201 Cleveland Avenue here in Ithaoa, in the City of Ithaca. Q. Do you own the property at which you reside? A. Yes, we do. Q. For about hoer long have you owned this property? A. For eighteen years, approximately. Q. Can you tell us the approximate dimensions of this parcel at 201 Clevela�d i i ,z- A. I am sorry - I am not sure that I can. Q. Is there a building on this property? A. Yes, thergks. Q. Could you describe that building in terms of size? A. Well, it is a ten-room brick home with two baths, a large kitchen down- _ stairs and one bedroom downstairs, three bedrooms upetatts and my office Q. And for what period of time have you resided in this house? A. We have lived there approximately eighteen to eighteen and a half years. Q. Do you know how that neighborhood is zoned? A. As an R-3 district. Q. To your knowledge is a home occupation permitted in an Rr•3 district? A. Yes. Q. And do you now conduct an occupation there? A. Yes, I have a sercretarial service at our home, may husband and I, I sh d say, where we do mimeographing, typing, stencil cutting, also Notary Public and we do light bookkeeping. Q. The business is known as "Lloyd's Secretarial Service"? A. That is right. Q. Who are some of your recent customers? A. Chq TOWC, Cornell Untversity, and Ithaca College, Finger Lakes Park Association, and others. Q. How many persons are employed by you? A. At the moment, two people who work with me, as well as the members of my family. 9 Q. Er this appeal are you asking this Hoard to permit you to add an additi i two people to help? A. Yes, because I have been cautioned by my doctor about over-+wow, as when work comes in at the peak period, I kk" had to work all night at times, and my health doesn't warrant it. Q. Do these two people work the year round? t e -3— A. Yes, the year round, but just part time. Q. These women work during the peak periods? A. Yes, Q. Approximately what periods Would be involved? A. I would say during part of the summer and also the latter part of the ftCl, Q. We are talking about how many months? A. About three or four. Q. Would these extra women, if added to your staff, permit you to take in extra work? A. Yes, and if it is approved, it would have a salutary effect on my health I can not become over fatigued because When work comes in heavy, I have too work all night, and this is not good for me. Q. If you can not take on these extra people and you can not handle it self, you will have to turn some of this work away? A. Yes. Q. With respect to your economic situation is it the case that your fixed costs for operating your business remain the same regardless of the work you do? That is, your mortgage payments, lights, heat, equipment, rental and supplies, expenses like that? A. Yes. Q. Now how well is the Lloyd's Secretarial Service doing? A. Well, fairly good as long as I can take in the work but I haven't been able to take in match lately. Q. Are you now making a profit? A. We were, but %* at the moment. Q. Would this extra help enable you to make a greater profit? A. Yes. Q. Are you receiving financial aid from any source? A. No, none. II -4- Will 4Will you tell us about your financial situation? A. Some of our problems are that I have to see doctors often and I have to pay for medicine, some times $40 or $50 a month, and I am paying at the time for an electric wheel chair, over $1,000. This allows me to be in. dependent. I go to the store for groceries, and I go uptown shopping. Q. Your doctor and drug bill is about $40 a month, and your chair, $1,000. Would you say that with additional help it will enable you to make a profit and be back in the black? A. Yes, I would say so. Q. Is it possible for you to hire these two women and have them work in their homes? A. No, because of the type of equipment needed - mimeograph, adding machine stencil outter and so forth, and there is also an urgency about the work People come in and want something as quickly as possible and unless I have some one with me at all times we lose a customer. Q. Are you aware that your business, as now conducted, produces any annoys n to the neighbors? A. No. Q. How about dust, !lanes, noise, glare, traffic problems? A. I would say no to all of them. Q. Would the presence of two additional women change this at all? A. No, Q. Will you now describe the character of your neighborhood? A. An apartment house across the street, a laundromat also, a gasoline station on the corner, and right beyond is the Co-op Food Market, and Mr. Donut and Kentucky Beef. Q. Do you say that your neighborhood is somewhat oomaercial? A. Yes, I do. i Appellant's Exhibits 192,3,49 marked for identification Q. I show you Exhibits 1 through 49 and ask you if you can identify the scene depicted in Exhibit 1? A. Yes, across the street from me there is the lanndromat and next a gasolino station and directly across the street a large apartment house. -5- Q, Calling your attention to Exhibit 29 is that the gas station? A. Yes, and part of the laundromat, Q. Is Picture 3 another view of the same? A. Yes. Q. What is shown in Exhibit 4? A. The front of my own home where I conduct the service. Q. Is most of Cleveland Avenue in an R-3 district? A. Yes. Q. The westerly part in a B-1 district, where Kentucky Beef and Mr. Donut ae? i i A. Yes. Q. Have you sought any help from the Small Business Administration? (6 P A. Yes, he advised me to put on more help; he was quite concerned about my health! that I would not be able to carry on. Q. Did he advise you that it was necessary to add people to your staff? A. Yes, to take care of my business. Q. To summariaeg you are asking for two additional workers for only three or four months of the year? A. Yes. Q. As shown in the Exhibits is there any parking problem? A. No, none. The street that goes right in front of my house, Cleveland Avenue, mwW people are parking on itp to go in the laundromat and an Corn Street, and I do not believe an additional one or two oars will make any difference. Dpi. BALDINI: Is it a single family dwelling? P A. Yes. MR. BENTKOWSKI: The two employees would not be nii:ghbors? A. Not neoessarily, but possibly they would be. BEVERLY MARTIN: Do you anticipate any expansion of the facilities after the addition of the additional help? A. Nog but we do expect to talcs one room and add more equipment in there, I -6- DR, BALDINI: During what hours would they work? A. Eight (8:00) to four (4:00) are our peak hours. Q. So if people were parking, it would be curly to bring work in? A. Yes. THE CHAIR: Is this on the southwest corner of Cleveland and Plain A. No, Cleveland and Corn. Q. Are you aware the Planning Board has given its approval to this? A. Yes, I received a letter today confirming the fact they felt it mild be perfectly all right. MR. STEIN: Do I understand the occupation • a request for a variance to have two outside persons, a total of foar working? The reference in the Zoning Ordinance is merely "Home Occupation"? MR, GERSH: That is right. THE CHAIR: Is there any one who wishes to speak in favor of this application? MRS. HENRY HOLTON, 121 Cleveland Avenue, and I would like to speak in favor of Mrs. Lloyd for additional help because I feel I have a good knowledge of that section and I d not feel it would create a W problem. As I see it, there would be no problem for this period of picking up and doliveiing whatever work came to her, and I think it wonderful thit she has the spirit towork and do something for herself, THE CHAIR: Any one else who wishes to speak? • PROFESSOR HAROLD FELDMAN: Mrs. Lloyd has worked for me previously and subsequent to that has also and I have been pleased. I admire the fact she is willing to get out on her own. MRS. RICHARD DAVIS, 127 Cleveland Avenue. I also am in favor. She has done work for me and I also think she is admirable. MRS. DURA DAY, 316 South Plain Street. I am in favor. Mrs. Loyd has done work for me and is quite faithful and capable and I think she is to be commended. RICHARD DAVIS: I have knawn the Lloyds since 1953 and I think it would be a good ifts mad womkd be tit f*9oz- of . -7- THE CHAIR: We go now to Case No. 861, the Appeal of Frank Dunton, Jr., 201 South Hill Terrace, Ithaca, New York, for a variance for use as printing business at 1005-1007 North Aurora Street, Ithaca, New York, under provision of Section 79 Column 29 in an R-3 District. Who is representing the Appellant? MATTHEW F. McHUGH: W name is Matthew McHugh and I am here to speak on behalf of Mr. Punk Dunton, Junior. If I may, I would like to give you an idea of the property. It is locat d at 1005-1007 North Aurora Street and Mr. Dunton is the owner. He has authorized the present tenant, in the part of the building with which we are concerned, to proceed on his behalf, and my agency represents him, the tenant being Randy Deal. His business is the Soono Press, printing, and is it$the building which is presently in an R-e District, which does not permit such an industry. The nature of the building is such, however, that the first floor is designed, and has been for many years, for commercial purposes. We will show you some pictures to give you an idea of the building. This has been used for commercial purposes for many years. The building itself is in conformity with obhs homes in the neighborhood, in structure, a two-family house now used for two apartments, and the first floor for a printing business. The history is briefly, that eleven years ago this was used for a barber shop, some years before, a restaurant, Charley's Chips, and also a television repair shop. It has been idle, and I believe if the variance is denied, will again become idle. The space is primarily practical for residents use, but to convert the space, would be at a sub- stantial cost. The building is consistent with other buildings in the area and these pictures can show you ` this. Appellant's Exhibits 1,2,39495969 being pl6tures, Exhibit 7, being letter from Patricia and George Little, Exhibit 8, being letter from Maurice E. Bristol, and Exhibit 99 being letter from Marie Alice Grover, marked for identification, and Exhibits 79 8 and 9 made a part hereof. MR. McHUGH: Now I would like to call Randy Deal to answer some questions for you and explain the pictures. E RANDY HACKM DEAL, examined by Mr. McHugh, answered as follows: MR. MoHUGH: Q. What is your address? A. 112 Linn Street, Ithaca. Q. And your occupation? A. Actually I am a student but I am also in the printing business at 1005 North Aurora Street, Q. Are you presently operating the printing business at the address with which we are concerned today? A. Yes. Q. For how long have you been so operating it? A. Since July first. Q. Will you describe for us what you do? A. Well, I print anything from letterheads, business cards, to photo-copy. I do any printing jobs up to U by 17. Q. Can you describe the premises for us, and in doing so perhaps you can refer to the numbers of these exhibits. First, tell us about the inside of the premises, particularly as to the first floor. A. As you look at Exhibit 1, on the left side of the building, it is now filled with luncheonette equipment, soda bar stools, everything for a complete operation for a soda bar, grill, refrigerator, and so forth. Cn the right hand side is where the parber shop was maintained. It is actually just open space. That is where we have our press equipment; the other side we use for storage. Q. Is there anything on the first floor which would be acceptable to use as a residence? A. Nit at all. Q. What about the rest of the building? A. An apartment in the rear and an apartment upstairs. Q. Referring to the other pictures, would you indioabe what they pwtray? II6 I A. Number 2 is a view from the north part of the building looking south. You have the luncheonette on the left hand side. We have since put drapes in the window to beautify it a bit. Ch the other side we have our' shop and display area. Number 3 is an extended view of the same. It shows our neighbovs MrA Bristol, right next to us. Number 4 is the south side looking north, -9- A. You can see the apartment upstairs. Number 5 is viewing the building from the rear. You can see the apartment on ground level, which at one time, I believe, was a garage, and you can see the upstairs apartment. Q. How long have you been a resident of Ithaca? A. Twenty-two years. Q. Are you familiar with the ftl.l. Creek area? A. Yes, I went to school there. Q. Are you familiar with this building? A. Yes, and I went there. Ower the past few years I used to eat in the luncheonette, and there was Charley's Chips and also a television repair shop there. Q. Did you ever know it to be used as a residence? A. No, Q. Did you ever know it to be vacant? A. Yes. Q. I show you Mbit 6 and ask you if you can tell us what that portrays. A. Yes, it shows the building when it was completely vacant and you can wee the signs where Charley's Chips was, and at the left hand aide you can get an idea of what the place looked like vacant. Q. Can you describe what the rest of the neighborhood is like? A. Across the street and down one house there is a laundromat, and up the block the ftU Creek School, and the rest of it is basically residential Q. Did you mail a notice to any one in the neighborhood in oonnection with these proceedings? A. Yes, to probably about thirty neighbora, residents. Q. Do you have a list of these names? A. Yes. Appellant's Exhibit 101, being list of neighbors, and Appellant's 32chibit 11, being copy of letter from Randy Deal to neighbors, marked for identification Q. I show you Exhibit 10 and ask you to identify that list. A. Yes, this is the list of names which I sent Exhibit 11 to, which is the notice of tonight's meeting. Q. And ExhiMt 11 is substantially a replica of the exhibit, which you sen to these thirty people? 0 -1Q- Q. Did you hear anything from the neighbors in the area as a result of the notice of the proceedings? A, Ralph Perry came in and he granted to extend his good wishes, Q. Who lives on the north side of you? A. Mr. Grover lives on Lincoln Street and Mr. Bristol on my left side, Q, I show you Exhibit 8 and ask if you can identify that? A. Yes, a letter from Mr, Bristol. Q. Who lives on the South side? I A, Mr, Little. Q. Md you receive a letter from Mr. Little? A, Yes. Q. Is that Exhibit 7? A. Yes, it is, Q. Have you also received a letter from Marie Alice Grover? A. Yes, that is Exhibit 9. MR. STEIN: What is the precise purpose of this request? MR, MoHUGH: A request for variance which Will permit the first floor only of the building to be used for a printing business, which Mr. Deal has described to you, When we found it was unlawful, we instituted this appeal to see `. if we could get this permission from you to make it lawful to operate this business. MR. STEIN: This property was vacant before? MR. M*HMH: Yes. I do not know how long. I think over a period of years it was occupied for commeroial purposes and that in between it has had peridds of vacancy. MR. STEIN: This is a non-oonforming use and if the business is discontinued, you have to coxae before the Board? MR, McHUGH: Yes. And anyway, the non-conforming use as used before was not the same as we are asking for. MR. McHUGH: May I say this? First, the neighbors do not object. Second, the building itself has always been in this particular condition. Third, if the variance is not granted, the first floor will not be used for resid tial purposes and will go vacant. That is why I int duced the pictures, to show you the difference. MR. STEIN: What does Mr. Deal foresee in expansion? MR. D": We are not going to expand. We are just trying to fill a gap, where I say maybe you have one thowand letterheads to print, and you want to remain small. We just wish to conduct a small business. MR. STEIN: You have seen the comments of the Planning Hoard, where they reoommend that the character of the business does not change. Does that place any restriction on you? MR. DEAL: No, just the second recommendation might affect me. Some one could make a complaint. MR. McHUGH: Yes, and Mr. Deal would have to comply or would be out of business. THE CHAIR: Is there any one to speak in favor of the application? None. Is there any one to speak in opposition to the appeal,? None. � i EXECUTIVE SESSIONS BOARD OF ZONING APPEALS9 CITY OF ITWAq NOIR 39 196 SEAL so, 841: MR. BENTKCWSKI: Move that the application be granted for the followliv reasons: 1) That the addition of two or three persons to the employment staff will not in any way be annoying to neighbors; 2) That there will be no objectionable smokeq noise or additional traffic resulting therefrom; 3) That in not granting this variance would in Off*01 create a hardship on the appellant. COL. COMSTOCKs Second. VOTE: Yes - 5 No - 0 Motion carried. Application granted. s APPEAL N0. 861: MR. STMINs Move that the applic=ation be granted xith certain conditions: 1) That the size and character of the premises and the business does not change; 2) That the variance shall lapse at the termination o this particular business operated by Soon Press. MISS MARTIN: Second, E ME: Yes - $ No - 0 � Motion carried. Application granted. Next meeting of the Board of Zoning Appeals of the City of Ithaca to be held on December 1, 1969. g Or f M