HomeMy WebLinkAboutMN-BZA-1970-06-01 BOARD OF UNING APPEALS. CITY OF ITHACA, CITY HALL, JUNE lots 1970
APPEALS NOS. 8691, 879 & 881
PRESENTi
RALPH P. BALDINT, Acting Chairman
DONALD LUCENTE
FRANK ALO
BEVERLY MARTIN
JAM ROGAN
GLENN BODA9 Acting Building Commissioner & Secretary
THE CHAIR: Opens meetings all members being in agreement that Dr.
Baldini serve as Acting Chairman
The first cease is No. 869, the Appeal of Ceraoche and Compmys
Ina., 519 West State Street, Ithaca, New York, for an excep-
tion at 517 West State Street to requirements of Section 79,
Columns 13,14,15 and 16s side yard and rear yard requirements
in a B-2 District.
Appellant's Exhibit 1, marked for identification, being
a site plan of the proposed structures by Architects Egner
and Associates
DAVID GERSH: Yq name is David Gersh and T an here an behalf of Ceraoche
and Company, requesting an exception for the rear and side
yards for proposed construction at 519 West State Street.
The site plan is before you. You can see the location, to-
gether With its nearest neighbors. Our affidavit of mailing
previously submitted to you is made a part of the record.
At the beginning, I Would ask for testimony by Mr. Ceracche.
ANTHCNY CB'RACCHEs of 53 Woodorest Roads answered as follow:
f BY MR, GERSH:
Q. Are you affiliated With the company which bears your name?
A. That is correct.
Q. Are you the owner of certain property at 517 and 519 West State Street?
A. That is correct.
Q. You are the appellant this evening - What are you requesting?
A. I am requesting that I be allowed to put up a oommeroial building in an
area already zoned for it, With the exception that I would like to put
two sides of the building an two different property lines in order that
we can build this building of such adequate size as the tenant we have
desires, along With providing adequate parking, which is also essential
as far as our tenmt is concerned. He is also here tonight. Che property
line is adjacent to Sunoco Oil gas station property and the other adjoins
a property an West Green Street.
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Q. What was there before you purchased it?
A. It was a very old house in poor conditions which adjoined the property
that I placed my new building on about a year ago. It was one that
t , some members of this Board gave me approval for and I bought the ad-
jaceat property in order to eliminate an eye sores to give myself
adequate parking which we did not have, which I now have, and I now
hope to make use of the remaining parcel for a structure which I think
would be a good addition, It is a one-story masonry building, with
59000 square feet, 29000 of which will be xatail and the balance will
be storage area, in order that Sherwin Williams Paint Company, presently
located at 328 East State Street, can move after about thirty years at
that address. The 5,000 square feet is what they have asked me for,
and ten oar parking. If I am allowed to build this building as shown
can this plans I can meet their requirements, which includes their being
able to move some time this year. This is not something in the distant
futures but something immediate.
Q. Is it fair to say that you propose to construct a one-story building
with a brick facing?
A. That is correct.
Q. Could you estimate the cost of the building and Land when you get all
through?
A. Yens to be aoourstes I estimate $1309000,
Q. Wamld thrh nwh be added to the tax rolls?
A. Whatever they decide to assess me for.
Q. You have indicated that the 59 000.square feet and ton parking places were
the requirements given you by the proposed tenant?
A. Yes.
Q, Has your tenant indicated what would happen in the event you were *MW
to moot these requirements?
A. They have indicated that they have been looking all over the City for
several years for a now location and find our location suitable. It.
was not available until this spring when I demolished the property that
was there. All I know is they said this would be satisfactory and they
are happy with the locations. I am happy with the type of tenant. Having
gusto an investamnt in that block pelf, I do not want just anybody
In that area for a tenant. I would consider them a fine neighbor also
and they would be an asset to that block and to the City of Ithaca,
Q. Have they indicated that if you could not meet their requ reasants,
that they wwad have to look elsewhere?
A. Our lease spells this out and they have accepted this proposal, based
upon approval by this Hoard.
Q. Has the Sherwin Williams Compow indicated that they would otherwise
have to go outside the City?
A. They have told me that, yes. I have awther building across the street
which they found not adequate.
Q. This building across the street is a now building?
A. That is right.
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Q. Horn long has it lain vacant without a tenant?
A. Probably a year and a half. The Seneoa Street portion I immediately had
a tenant for. The State Street portion I had a tenant but the tenant
backed out and it has been sitting there idle and I have not found a
oommeroial tenant. I would consider it fortunate to have Sherwin
Williams as a tenant.
Q. Considering the general economic conditions you are lucky to have
Sherwin Williams as a tenant?
A. Yes, considering when you look up and down, State Street,
Q. Your business is located to the west?
A. Right.
Q. What lies on the east?
A. Sm000 gas station# a parking area.
Q. The plan shows considerable open space between the east side of the
building and the west curb Line of Corn Street?
A. Yes.
Q. 160 foot except for that small plot?
A. Yes,, the dimensions are 32 feet by 65 feet.
Q. So except for that small gas station space there is Just -open space to
�. the east of your proposed building?
A. Correct, - actually as far as size, it is quite a lot of building w
are proposing on that blooks and when you think of it two years agog
it was the worst eyesore in the City of Ithaca. Pbrtunately it is
becoming a real good block.
Q. As far as the location of- that Sunoco offioe„ hone close is that to
your building?
A. 22 feet is the closest point.
Q. Have you spoken with the owner or a tenant of Sunoco?
A. They are happy with what we are attempting to do and they certainly
feel that this will be good for them and everybody in the area. They
are much in favor of it.
Q. Your building would be of fireproof construction?
A. Yes, and the side adjoining other property would be a solid wall.
Q. And is the Sunoco office also fireproof?
A. Yes.
Q. Let's talk about the rear. You are asking to put the building all the
way back to the rear line, and the reason is to put in a minimum of
ten parking spaces in front?
A. Yes, this 65 foot width of this lot is such that we have a very good
two-way parking in front of the building.
Q. Is this also done at the request of Sunoco, to give them more
visibility from State Street?
A. Yes, this would not obstruct their business in any manner and provides
a lot of parking for people. Off-street parking xaft= would be
available to them.
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Q. What is the front yard requirement in a B-2 sone?
A, I believe 10 feet, but we are going back ►2 feet.
Q. You are also providing more of a side yard on the crest, some 7 feet?
A. Well, we have 67 feet from the west side of the proposed building to
our presentbuilding.
Q. With respect to the property line, what is its course?
' A. There is an 8 foot job. Starting at the east you go along for 37 feet'
where we would be 8 feet away from the property to the rear or south of
us. Then by building an the line the 28 feet remainder, we would have
28 feet on the property line,
Q. So more than one-half of the width of the building would be 8 feet from
the rear line?
A. That is correct and 28 foot of the building on the rear property line.
Q. Are there any, doors or windows on the rear?
A. None whatsoever. All access would be from the west side or north side
which faces State Street.
Q, Are there any structures in the immediate proximity of the rear of the
building?
A. Nome close. There are houses on Green Street and a small shed quite
a ways away.
Q. With the nearest residence about 80 feet away?
A. About a quarter of a block long. About 80 feet.
Q. What about lots to the rear of you?
A. That entire square is zoned B-2. The other side of Green Street is
something else, but that entire block is commercial.
Q. These residences are non-oonforming uses?
A. Right.
Q. And mom day that whole area will be commroial?
A. There is no doubt about it and I think it is for the good of the people
in that block.
Q. Do I understand that you and others are negotiating to purchase these
rear lots?
A. There is one parcel behind us that has been offered to us. There is an
adjacent property that at some later date may be available to us. We
feel that in time we may be able to acquire both, which we should do
because of So proximity of our business to them. We havo contacted the
property owners and they are► agreeable, and at the same time we have
been discussing possibly purchasing these proportion.
Q. The people to the south and east of you have no objection to this
application you are making?
A. That is correct.
Q. Does that site plan portray road access to all four sides of your
building?
A. I think it is very clear; everything is shown on this map,
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Q. Are the exceptions you are requesting the minimum exceptions that win
provide the use of this piece of land?
A. I would say so.
Q. Also the site plan shows that you win not in any way be interfering
with the light or air of your neighbors by building on the south and
east property lines?
A. I would say that is correct, including ourselves. We did not want to
be booted in ourselves. We think it is something that fats in very nicely
between our building and the gas station.
MR. LUCINTRs How many spaces would you lose in parking for your television
shop?
A. Well$ when we built our television shop we did not have this property.
tine reason, I bought it was for the 67 feet and we are better off than
before and at the saw time can putt up a building and have adequate
parking right in front of the building.
MR. ROGAN: Where is the delivery entrance?
A. A side entrance which will continue right through to green Street. We
do have a drive through the block. These will be trailer trucks.
Sherwin Williams' deliveries will come into our drivoway and continue
on to green Street without backing up.
MR. ALO: You have 29000 square feet for commercial and 3,000 for
storage. Do you have any plans that some day you could use
that extra 21,000 square feet for another commnercial. estab,
31shmsnt?
A. No, I am tied up for fifteen years with Sherwin Williams.
Q. Why oan't these oars be parked in the rear? Why clutter
up the front?
A. lh the first place, all access would have to use our driveway. In
order to get to parking in the rear, we would have to make the building
narrower and longer and they would and up using some of our parking
spaces. We do have some of our parking screened off.
Q. Why is the 37 feet eight feet array from the roar line?
A. This is just the nature of this property. There is just a jog in that
back property line and we do not own the other property.
Q. Is the east portion of your building on the property line?
A. Yes, adjoining the Sun000 parking area.
DR. HALDVI: You have been talking about the esthetics. You just men.
tioned you have a partial wall. I drove past and saw big
spools of wire and cable there. I do not think that is
esthatic. . When we gave you the variance my recollection is
that you made it olear that your storage would be inside
this building. Now I think your have answered it with why you
do not rant to move the pOking. Why is it that you use the
east side of the building to the lot line for storage of
your material, which you keep in the open? I think it is
unsightly.
A. thco this building is up we won't have any access to this location.
•f.
Q, Why can't you oontinue to put your storage there?
A, I do not know. I did not know we were violating anything*
Q, I thought you sda,d nothing would be stored outsidep that
the only thing would be your truoks. My question has to do„
Iu view of the fact you have been talking about the beauty
I do not think that storage an ;improvement.
A. nrstj, we are in the middle of a large oonstruation program
this year and the material you see is taken out of storage
and is being used an a daily basis.
Q. I want to be assured that this is not going to continue,
A. This is a very temporary oondition. The spa** just happens
to be there and we are in the prooess of replacing a lot of
cable throughout the area. I would say, by the end of this
year we will be to the point where this will be used
an occasion. It is on3,v a temporary thing that is happening.
I agree there is no reason it should be visible. As a matter
the tires neat door are visible. You have a good point.
Q. I also say this in behalf of your tenant. I would not want
It oluttered up with reels or old tires either.
A I agree with you. That is a condition we want to see
remedied. I spoke to them and I do agree with you that we
should not have the reels out in the open.
Q, I think we should all contribute to the beauty of our city.
A. IV boy is out right now vorlktr4 around the shrubs. We are
Im agreement about the astheti,os.
MR. LUCNETgs How about the ourb out
A. That has been taken *are of. It already exists„ 25 feet wide,
it is identioal to the one we have going into our parking area.
This was dares under a permit by Air. Dingler.. and he re-located
the meters.
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ROBERT RIMA 2029 Richard Plaoe, Ithaea, answered as follows:
Hy MR. GUSH
Q. What is your ooempaticn,?
A. MarAger of the Sherwin Williams store.
Q. For what period of time have you had a store in the City?
A. 4Th They started in about 1936 and have been at their present location. shoo
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Q. What circumstances caused Sherwin Williams Company to seek another
location?
A. We have been looking for a desirable location for about five or six years.
We have just outgrown where we are now and the faoilitis are so that our
operation can not be expanded, so we just have to hwe a bigger location.
We just can not continue in the present location.
Q. I take it your business could be greater?
A. Definitely.
Q. you have been looking for a new location for how long?
A. Five or six years. We have checked every atAilable location. We would
like to stay downtown, but as yet haven't found anything until we ap-
proaohed Mr. Anthony Ceracche. It is at a point now where if we can't
get this building or a desirable loation downtuwn, we will have to go
outside the City.
Q. Y"ou heard Mr. Ceracohe say that if you can not be provided with 51,000
square feet and ten parking spaces, you won't be able to fulfill the
lease?
A.- Thu is a company requirenent, based on the volume of business, and our
volume requires a minimum of 59000 square feet. We think that would be
adequate for what we want and sufficient, we hope, for the next thirty
years.
(Shows pictures of comparable stores)
It will be a complete deeorating�center, wall paper, unfinished funiture,
lighting fixtures, fireplace fixtures, and so forth.
• Q. What about the timing of your move?
A. Our lease expires the 31st of December. We would like, if possible, and
Mr. Ceracohe feels that we can have it by the 15th of Septembo or the
let of October. If I get into cold weather, I have a problem with my
Latex paints, and so forth.
MR. ROGAN: Where are your employees to park?
They will make arrangements elsewhere. Thelten spaces we
require in front of our store is for customers. The only
time cars will be there is when we have customers. I am
the branch manager and work for the Sherwin Williams Company.
They have certain silts which they want to use, and I might
add that we have 2200 of these stores over the country.
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THR CHAIR: The next case is the Appeal of Zeta Beta Tau, 1 Rdgecliff
Plaoe, Ithaca, New York, for an exception to requirement
of Section 7, Column 9, in an R-2 district. Who is
appearing?
BILLY SAHM: I am Billy Sahm, of 1 Bdgeoliff Place, Ithaca, New York.
I am Vice president of Zeta Beta Tau at Cornell Univer-
sity, and want to tell you basically what we are trying
to do. In past years we have gotten into a deficit and
so we have increased our membership. So to add space,
we want to build a bedroom and study room in our attic.
This would be for three people. The exception we are
asking for is for four floors. We are zoned for three..
The deck is all across the floor plan and we will be
using the center for the room we build, with a peaked
roof. We will put in as large windows as the budget
will allow. We will have adequate fire protection.
Basically we want to change a public area to accommodate
three people who wish to live in there.
MR. ALO: How many rooms do you have?
A. Four singles and two rooms with desks and beds, and this
one unit which can accommodate three people.
Q. How many parking spaces do you have now?
A. Maybe thirty spaces.
Q. How many boys are living there?
A. With the attic this would be a maximum of thirty-four,.
And I think there would be loss need of cars if people
live at the house.
Q. How much is this going to cost you?
A. I couldn't say. We may have an estimate tomorrow. It
might be $2,000 to $2,$00, and we should get the money
back in two years.
Q. Is a fire escape included in the cost?
A. We would have to add the additional. And please may I
say I did not realize that I needed a certificate of
mailing. We did send letters out. There are two apart
ments in there and the City owns some and Alan Tremain
owns some and there are about eight residences besides„
Needham Place goes down from there. I guess that is all.
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THE CHAIR: The next is Case No. 8819 the Appeal of Dr. Ralph P.
Baldini, 220 Esty Street, Ithaca, New York, for a
variance for addition to dental office at 415 North
Tioga Street, Xthaca, New York, under provision of
section 7s Col�imn 2s in an R-3 district.
• This is my own appeal. This appeal is incorrect in
that after the appeal was filed for a variance for an
addition to dental office, Mrs Jones Balled and said
that this was permitted in an R-3 zone, so he turned me
down on percentage of lot coverages. I think you have
a plot plan. Now instead of variances I have to talk
about proposed exceptions for lot coverage.
My plan is to tear down the little house at the rear
of my house on Casoadilla Streets for which I have a
demolition permit. 19 feet 4 inches by 28 feet does
not include the back porch or 7 feet by 7 feet» The
present house is at 205 Casoadilla Street. There is
532 square feet to which we add the square feet, 1190
giving us a total of 651 square feet. The proposes.
addition is a total of 816 square feet or 24 feet by
34 feet. The reason; for the purchase of the house was
to increase parking, which is what we plan to do. The
addition will be attached to the east edge of the
present building, and the parking will be left along
Casoadilla Avenue and the whole lot occupied by 205
Cascadillas which is 61 feet by 19 feet. This addition
will be one story, frame constructions with aluminu�a. ky
siding to match the present siding. I have spoken to
lr Sohempp and Weavers who are TRY neighbors immediately
to the south and they have a vacan�, lot to the rear of
their buildings which will be accessible from my
property to their two tenants. They have no objection
because the addition will not close off any spaoes of
theirs, their lightings and so forth. In facts this
will make the space more open when the small house is
demolished to the east. To the north is the creek and
to the west is the streets and we are asking to move
one building from where it is and place it in a different
spot on the same lot, but with an increase of 165 square
feet larger than the present building.
MR. WCENTE: Can you give one space for each customer?
DR. BALDINI: No, but we have made arrangements with Doctor Baker
across the street. He intends to demolish a house and
make more parking. We have about eight parking places
now and will lose about five. Mrs. Hovey's house is
next and this little house we are going to demolish is
right on her lot line. I did the mailing and I did not
realize that this had to be notarized. All the people
I mailed to are agreeable.
EXECUTIVE SESSION9 BOARD OF ZONING APPEALS, CITY HALLS JUNE 13t, 1970
CASE No. 869:
- LUCENTE: Move that the application be granted.
ROGAN: Second.
VOTE: Yes - 5 No. - 0
Amendment to Motion:
LUCENTE: Move that the application be granted with the provision
that the front yard requirement as set by the Zoning
Ordinance be complied with.
ROGAN: Second.
VOTE: Yes - 5 No - 0
CASE No, 879:
ALO: Move that the application be granted.
MARTIN: Second.
VOTE: Yes - 5 No - 0
CA3E No. 81:
ALO: Move that the application be granted.
` LUCENTE: Second.
VOTE: Yes - 4 No - 0