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HomeMy WebLinkAboutMN-BZA-1969-12-01 .k BOARD OF ZONING APPEALS, CITY OF ITHACA, ITHACA, NEW YORK, WCEMHER 19 1969 PRESENT: RICHARD COINSTOCK, Chairman RALPH P. BALD3NI FRANK ALO JCHN =TKOWSKI STUART STEIN BEVERLY MARTIN EDISON JONES, Building Commissioner & Secretary THE CHAIR: Calls meeting to order. Our first ease is Case No. 843, the Appeal of Shano, Ino., 710 Hancock Street, Ithaca, New York, for a special permit, sign size at 710 Hancock Street, Ithaca, New York, under provision of Section 79 Column 4 in an I-1 district. Who is appearing? ROGER BASSETT: My name is Roger Bassett and I an here to apply for a special permit at 710 Hancock Street, Ithaca, New York, for our Fish V Chips store , which we will open inthe near future. I am requesting these signs for the buil- ding and I understand that without a special permit you can not use anything over 50 square feet, and ours measure to 250 square feet. We have a pylon sign. Appellant's Exhibit 1 marked for identification, being a sketch of a sign Appellant's Exhibit 2 marked for identification, being a sign plan. MR. BASSETT: This is a picture of the sign that goes on the front an each side, a total of three of these, each 49 square fe4t. DR. BALDINI: Are they illuminated? A. Yes, from within, a oonstant light, not flashing. MR. ALO: Why do you need them on the sides? A. I think in that as a specific location, it would give us much more attraction. Q. Couldn't you put one on the front and the gest side? Why do you need i on the east side. A. I think we need it there for people coming dam from Triphammer. This is a franchise and they expect us to use their signs as they direct. DR. BALDINI: If you do not conform they won't grant you a franchise? A. No, I think they would grant it. MR. STEIN: Do I understand that you have three of 49 square Leet each plus one at the front? A. Two. This is the pylon sign that would go out front, 25 feet bask from the property line and this is 106 square feet. DR. BALDINI: Is that sign lighted too from within? A. loss it is a plastic sign and there are light bulbs within, which shine through the plastic. MR. STEIN: Are they flashing? A. Nos I am sure that they do not flash. MR. ALOs Why couldn't that sign be placed on the southwest oorne t so you could see it both from Meadow Street and Hab000k Street? A. The way the building is built we had to put it on the side so you could see it from State Street. DR, BALDIRI: Will this sign be taller than the building? A. Yesq a little bit. It is 35 feet tall from the bottom to the top of the cap. Q. A one-stout building ? A. Yes' probably 15 or 16 feet high. Q. What is it to the top of the umbrella? A. About 20 feet. The top would come above the building. These signs are standardized and made in Ips Angeles and are all shipped here. They a all of one size. MR. STEIN: Don't they make any other size? A. To be truthful, I do not know, but they probably can alter them to meet requiremgi� if necessary. MR. STEINt What is the regulation? THE CHAIR: The regulation authorises in this area not over 50 squaie feet, but this Hoard may authorize up to 250 square feet pfMdft deKM requirements are not. -3- MR, `l-MR. BWKNSKI« This pylon sign is 35 feet and will this revolve? A. The top sign does revolve. The ball is probably 8 inches in diamoter and is flat. MR. STEIN: What is the regulation how high buildings dan be built In this district? EDISON JONES: Pour stories or 40 feet. THE CHAIRS Is there any one here who has anything to offer in favor of this appUcation, or any ane in opposition to this applioation? none. '.3 BOARD OF ZWING APPEALS, CITY OF ITHACA, TTHACA, NEW YQUO M MSR 1, 1969 APPEARANCES: RICHARD COISTOCK, Chairman RALPH P. BALDINI FRANK ALO JOHN EMKCWSKI STUART STEIN BWERLY MARTIN EDISON JONES, Building Condssioner & Secretary THE CHAIR: The next case is Case No. 8569 the Appeal of Barbara Stewart of 1009 Beachwood Lane, Vestal, New York, for an exception and variance at 219-225 North Aurora Street and 307 East Beffalo Street. Mmptiosn pertains to side yard requirements and variance to the expansion of ,tba non-oonforming use under provisions of Section 7* Colume 2 and 14 in a B-2 district. Who is appearing? JACK BURNSt I am Jack Burns$ of Burns Realty Company, representing., Mrs. Barbara Stewart and we have been mane ing her pro- perties for the last 25 years. Our Building Commissioner has the receipts for the letters I have sent out to the people in the neighborhood; the certificate of mailin8 has been taken care of. I wrote out a little resume on this and with your per- mission I will read it. Reads tAkamm amm to Apiml Use not permitted in B-2 District. Side Yard requirement not met. Although this location at 219-225 North Aurora Street has been continually used as a gasoline service station since the 19201x, the 1950 suing wdinance made this operation a non-conforming use. History of property is as follows: May 129 19229 Gas station permit was given and a building was constructed at a cost of $69000. October 2910 1929, an addition was permitted at the cost of $200. June 129 19479 Merle Patterson was permitted to construct an addition to stag► at the cost of $1:5 . Stewart Carpenter builder. At the present time Mr. Patterson who has opesated a service station at the same location for over 20 years wants to add an additional service bay and tear down the three apartment hoose to the east to give more off-street parking for his busi- ness and to perrom his kimess more e . -2- MR, BUMS: A variance is required to enlarge the stations and a special permit is needed to eliminate the 5 foot yard requirement on the south side of property where the pro- posed bay is to be constructed. Appellant's Exhibits 1,1293 marked for identification Referring to Exhibit 39 this service bay will be at the location where presently is located Jim's Fixit Sihop, 4W ch juts out and to the sidewalk with a sero setback. The proposed bay will be set back to the face of the front of the station# which will be 15 feet back from. the side walk, and this will make the property look much better w d also help for pedestrian safety. People walking past Jim's, which has a sero setback have almost a blind situ ation there where oars coming out, pedestrians have to look twice. This setback will be 15 foot back to the front of the station and so they can thus see cars to much better advantage. Jim's Fixit Shop, the property will be torn down and a bay-put in. A house to the back and east will be torn down and the tarvia drivemy placed there for off-street parking for Mr. Pattersonts customs , and he can operate his business more efficiently. We would like to build the bay to the south right whore Jim' Fixit Shop is now. Reads C. Variance to the building ordinance is requested for the following reasons: 1. Strict appliattion of ordinance would produce undue hardship because: the evolution of the gasoline service station business has made the present Physical setup of the Patterson gas station obsolete and with increased taxwo and upkeep to the owner the operation could not generate enough business to gyve the owner an edequato income to pay for her costs of takes and upkeep. The apartmanit house at 307 East Buffalo Street is of such an age and location, being adjacent to a highly trafficked i,nterseationn and commercial neighborhood, tends to keep rents down and upkeep costs rising. Last year profit in 1968 for 307 East Buffalo Street (with no mortgage cost) was only $838 and with no hope in the future of any better financial future. Mrs. Barbara Stewart felt she would forego the income from Jim's and the apartment house to allow Pat tobettor and more efficiently run his station. She owns the property whore the service station is and also the old apartment house aid Jim's Fixit Shop. She is willing to tear those two down to allow Pat to run his business more efficiennt],y. Ii. w3- Readsa Hardship in this ease is due to the tact that "ration was legislated to non-conforming use in 1950# tlb in any opportunity to improve and progress Lith An additional bay will, besides improving the a of the Property, improve access in and out of t station. Proposed bay will be set bank from si 15 feet so that visibility of pedestrians will as customers use the station. The gasoline staif it is to perform an efficient service to itsmust have more off-street parking area in whichbulky goods such as uses and other automotive ready and efficient use. Other commercial proph on Aurora Street are of a retail and/or office nature wd are closely built up with no side yards. 7ampravemerttsis ay be made from within or an facing of building. Before 1958 these were made by Mr, Patterson but in 195 the new ordinanoe automatically made this a non-mee�etf use. So at that time Mr. Patterson was looked in as far as any improvements and now we want to make this additicn for oft'-street parking and an additional bay for him. As for the memorandum from the Plum ng Board, I have talked with the Postmaster as to the incapability o! neighborhood. I asked Mr. Wilkinson what he thought an he said that there were probably around 250 visits of tato in and out of his place a day, but that they were proving off-street parking, which keeps tU visiting vehicles o the streets, and Mr. Patterson wishes to do the same, have in the area compatible uses, the Post tKY'ice# and en compatible uses in which there is no off"street parking such as the Telephone Company, Teotonios, and where graphics is, there are two or three spaces, and Mrs. 'sabout three spaces for four stores. So I believs property is not incompatible; it has been there since 1 with the some use, is there now and will be in the fut We ask your indulgence and hopefully, your approval. will make the property look better, provide a me".officiont operation, better safety as far as setbacks. T have one other thing. In the map of the area -�- Extension into the Residential Use". Thero is somethinj in the Ordinance to that effect. Appellant's Exhibit 4 marked for identifieation, being Tax Map, City of Tthaoa. I maintain we are not expanding into the residential s .; that here (indicating) is the present situations and hois is Jim's (referring to the southeast corner of Buffalo i nd Aurora Streets), This is the old apartment house on BW Palo streets Adjgjuj= e pxalses to the east which 7 to tear down, with George Solomon's property insaediate to the east from there. our original idea was to have the Mobil people put in a large servioe station# set back to the east as far as possible, with a large island areat and this would be a major operation of somewhere around $1009000. Mrs. Barbara Stewart owns the property# owns the land; the Mobil Company does not own the land; he leases directly from Barbaba Stewart, and the property hLs been in the family since 1936. Here we have an owner r the property for over 30 years, and a local operator. We turned dawn the idea of a large stations because it was too large an investment, and we would actually need more space, so that is the reason we decided to just take dovii Jim's Fixit Shop with its sero setback# bring it back 15 feet, and have just one additional, bay# and tear dam tho old apartment house and use for off.-street parking. The property across owned by Agda Onborno is presently being leased by Mr. Patterson for his customers and other people in the area. Reads: The character of the neighborhood would not change since there has been a gasoline service station an this looati for the past 4? years. The additional bay would replace a dilapidated store now oocupiod by Jim's PlAt Shop and tLe old house at 307 East Buffalo Street would be replaced b,r a tarvia parking area. A closed storage space will be buit to store automotive articles and keep the area neat. Additional pcitures of area marked for identification. In summations the planning board's memorandum says, "It defeats the long range planning of the City of TthaW. I do not know what that is in that specific area. As far as I know, it is not a legal document at present. So I respectfully feel that this statement should not be considered. We understand it has been made a non-oonfordag use# and we have been located there since 1950, boons in operation since the 2009 and were legislated into a non• conforming use. We were there before the 1950 UnIng Ordinance and have had to live with it ever since. I respeotfally suggest to the Hoard that there is a business area going south on Aurora Street all the way to State Street, but these business properties have very little off-street parking. We oan tear doses the .old amt house without asking the Board of Zoning Appeals. We are merely asking you that we may tear down Jim's Madt Shop building# mhioh is an eye sore# and replace it by a bay 15 feet back from the sidewalk, giving better and safer conditions for people who are walking in the area and people moving in and out of the station. It will, -5, look better and of course help Mr. Patterson to operate more efficiently. As far as aggravating the already heavy situation, registreation has increased by the thousands every year. The only thing that I can say to this is that we are utilising a business there and that the ingress and egress will be safe#than at present. With the parking area in the back we will have access from both Aurora Street and Buffalo Street. As to an exception to residential use, we are not expanding into the residential area. I feel that never and better apa - went houses will be built in the City of Ithaca in better locations in residential areas where people can live without the soonds of business and traffic around them, and I think the highest and best use of this old apart- ment house is to tear it down and !slap Mr. Patterson to operate more efficiently. THE CHAIR: What is the sise of now construction an Aurora Street? A. (Showing sketch of old and new bay): The new: bay will be 14 feet wide approximately. The only new oonstruetift will be the new bay and a back storage area to list stores{ tires and automotive equipment, which will be is feet In back of the present station. ER. HALDIKI: (Recapping conversation had with Mr. Bis off the reco ): t.; It has been estabUshed:that- the owber, of the, a►p Mrs. Stewart and the operator of the business Mr. Patterson, He claims undue hardship would accrue to the owner$, not, hhe operator$, because the gas station is obsolete$, and I asked the question: DLd Mrs. Stewart hold a lease gear$, to the pexreentage lease of the gross? The answer was s". Also on a percentage lease basis tttie adnimum lease is law hopi4 to make up the difference in increased growth. Therefore I contend that the undue hardship does not aoo e to Mr. Patterson but to the owner of the property$, and - therefore I feel that the argument that has been advance is invalid. MR. BURNS: In a lease between landlord and tenant$, I feel in my ex- perience that you have to feel it is a partnership, a lease signed over a period of time, and if the lease is eventually teraluated and is either renewed or you try tip lease to somebody else, that over that period of time, the landlord does not take care of the property$, it is going to affect the tenant, and if the taxint is at faww3 $, - maybe it is beyond his powers to generate the business he is supposed to - then it would hurt the landlord. This is a hardship that Mrs. Barbara Stewart has, The lease will be up within the next two or three years. In my experience in looking for gas station locations$, they are asking for a much larger sized lot than we have at the present time. We have a good operator, he has been the a long time and ve`°'feel that if we don't go along with the times and give him an opportunity to do his busines , that we are going to be hurt. We are there at the pros and feel this is the time when we should try to help Mr Patterson so that he can help Mrs. Barbara Stewart. We are in it together so it is of opinion whether Mir. Pat- terson gains or Mrs. Stewart gains. I am here for Mrs. Stewart and we feel that for her needs this should be . DR. BALDINIs How much tax is she saving by tearing down this apartment house? I think a profit of $838 could be a tremendous profit an a piece of property. But we haven't any facti to go on. MR. BURNS: Well, the fact of the matter is we are trying to balance the apartment house with the addition that is going to go onto the gas station. Roughly we feel that probably it will cost between $169,000 and $209000 for the bay. DR. BALDINI a How much tax w iuld she save per year? MR. BURNS Costs go along with taxes. IR, HALDINIs The building is there. How much would she save? MR. BURNS I can not answer that. MR. STEIN s What is the nature of the parking area in the back? Parking for customers of the station - would mut be people who leave their cars there to be repaired? A. That is correct. Q. Will he lease parking to other people? ' A. I think not in that specific area. I think he is leasing the property of Mrs. Osborne and that they are paying his rent to park their cars. He also puts the earn he is replacing there and this will enable him to bring these to the new parking area. Q. Does he bave automobiles around for body work? A. I think net. I have not seen any wrecked cars recently there. He does no body work. Q. What about this back storage area - how important is thi to the business? It sows a much larger area than the A. This is a rough sketch, He did this to be able to bring -- - ra r thad leavo-them- outdids. MR, STEIN: What would be the outside appearanoe? A, I think he would leave that up to the Board. MISS MARTIN: What would be the operating hours? A, I think eight o'clock to nine o'clook at night. Q. Is theme any expected change? A, Noy, not to my knowledge. He has worked on this basis for years. MR, STEIN: How about the ourb outs? A. We would have to apply to the City Engineer and ask for additional curb outs and go along with his requirements. THE CHAIRa Is there any one to speak in favor or the applioation? Atone, Is there any oen to speak in opposition? GEORS SMQHCN s 309 East Buffalo Street. Mr. Chairmana would you please read this letter for me? The following letter read to the Board by the Chairman: "TOs The Board of Zonign Appeals City of I't'•haoa He: Applioatinn of Barbara Warren Stewart Cod', of Aurora and Buffalo Sts. Gentlemen: I an a widower and unable to work and must depend on Sooial Security and ren from one apartment to live on and to pay my mortgage. I think that Merle Patterson is a fine and sincere gentleman and will do everything in his pose to run a quiet business, bat Merle will not be around forever, The nature of the business is noxious fumes and noises at all hours of the day and nig With the removal of the house between my property and the present gas stationg these fumes and noises will be right in my windows. This soares as for the reason that the value of my property will drop and in the meantime, I stands ohannoe of losing tenants. I oan not afford to have a devaluation of my prq*3ty for the reasons stated abowso in that I oannot be gainfully ensptoyed in the future and this property is my only asset for my later years. If this is of fected, then my future is affeoted. The present business has been run as a gas station for many years and I do not think that a varianoe to enlarge a non-oonforming use should be allowed. I wish the foreghing to be oonsi.dered in your deliberations in this matter and trust you can see my point in expressixg dissent to the applioation. /s/ . � r� 309EastBUY&10�"strest Ithaca, New York MR,. SCLOKCNt I an only five feet away from that house and he might operate all night long in the gas station, - nobody kriows. THE CHAIRS Is there any one else to speak? JAMES ROURKE: 313 East Buffalo Street. It is hard to oonatJ4 myself as being in opposition or for. I am suggesting that Mr. Burns was driving at the key point. Paragraph 1 involves wafte hardship. I sug gest that undue hard hip to the owner is that she can't sell that property for a gas station. There is no uniqueness about that; property as a B-2 useage. Why locate in a non-oonfdrming use? ?n time.the beat in- terests for all the people come into play. The Ordinance has "looked" that in, A B-4 useage in a B-2 sone. Wby have zoning? I am 35 feet away from the property in qw is. tion. I am R-3, a long way array from B-4. . If we Kant to move B-4 up the hill, that's all right with mei, but am suggesting that she can not sell that property to a gas station. There is nothing unique about that proporty by its being used as B-2. If Mr. Patterson walbsd out tomorrow I would ront that property as it stands. And when these buildings fall down there will be no more BA useage in a B-2 district. As to paragraph 3, I,must suggest you gentlemen will se me if this goes through. East is an Rr3 zone and I am sitting on it. Weght return to B-2. Do we:vant to consider the zoning or what it is or do we want to e the availability out to the districts? Within a few y^e rs we will have to tear down that station and bring it up o the bay he builds. ';e real point is that the area is probably a business area. If that looation was ideal f a gas station then Mics. Stewart would have sold it to Mobil long ago, and so now she olaims she has to perpetvato a non-gonfoxndng used MR. BURNS: If I may reply* Mrs. Stewart plans to own that property for the rest of her lifer is using this as an incases fo her children who will be in oollege for the noxt asysn r eight years. She nehrer wanted to sell it and never in ds to I might ask wby have a Board of Zoning Appeals. This i to judge the human sl A. the every day to day element ..9- MR. BURNS: Would you rather have Jim's Fixit Shop fall dmm or the old apartment house and wait ten years or would your for to have the old apartment house torn down and a neo parking area there, put in an estra bay and then see t happens in the next ten years? At least you have a m reasonable looking place, esthetically improved? I ask Mr. Rourke if this will tear dorm the values of his h s, if what we are asking is going to detract from the vale of his property? She has not tried to sell the 'p and does not intend to. T am sure Mr. Rourke foals tha certainly it is a business area and ww:,arr operating a business there, If Mr. Rourke could buy it or lease it he would use it for business. It has been there and we hope to make it a better place for the people to see ane for the people who worts there. I leave it to the meroy of the Hoard on this. As far am to night! all night business, let the Board say there won't be any longer hours. THE CHAIR: The Board can make any provisions it sees fit. Z=MM SESSICK9 BOARD OF ZONING APPEAL99 CITY OF 1TAAGA9 DEMOOM 191969 CASE #843 BALDINI: Mane that the application for a special permit be daded for the following reasons: 1) That the application presents too gide a deviation from the requirements of the Zoning Ordinance; 2) That the result of granting the permit as requested would be garish; 3) That the height of the pylon sign would be oat of proportion with the height of the building and w1d be esthetically offensive; 4) That a building ng of that sise should not have a total square footage of sign rise of 233 sgw►re feat. BENTKOWSKI: second. VOUS Yes - 6 No - O AMUcati.on for special permit is denied. EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA9 WGEMMR is 19 CASE NO, 856: BALDINI: Move that the application be dented without prejudice, with the provision that the appellant return to this Bomrds with more definitive informatian as to the Appoaranoe o " the proposed buildings the design of the parking areas the landscaping and screening from: the sidewalk and egress and ingress into this parking area; further, that the appellant check with the City Engineer and the Board of Public Works pertaining to the proposed curb out and removal of the parking meter on North Aurora Street and the curb out necessary to enter the proposed parking amR on East Buffalo Streets also the storm seer an East Buffalo Street. COMSTOCK: Second, VOTE: Yes - 6 No - 0 Application for eaoeption and variance denied. Neat meetings January 5, 1970