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HomeMy WebLinkAboutMN-BZA-1970-09-01 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK SEPTEIMBE'R 19 1970 APPEAL NO. 888 PRESENT: JOHN BENTKOWSKI, Chairman RALPH P. BALDIN I ` FRANK ALO ANTHONY PETITTI JAMS ROGAN BEVERLY MARTIN EDISON JONES, 3ailding Commissioner Secretary Chairman opens meeting, explaining the matter of the necessary adjournment of this appeal to this date. THE CHAIR: We will hear Case No. 888, the Appeal of Samuel A. Gould, 7 Muriel Street, Ithaca, New York, for an exception under provision of Section 7, Column 7, at 206 College Avenue, Ithaca, New York, in an R-3 district. SAWEL A. GOULD: The reason for requesting this variance is that students today do not want rooms. They want apartments. They can not afford to eat in restaurants. Consequently, last year, out of nine rooms, we had four rented. By making this property into apartments, it would first of all make it easier to rent and dollarwise we could rent it. There would be no problem. Also there would be basically less people in the house with apartments than there would be with rooms. The house when we had it we bought it four years ago - there was no problem to rent it. Today it is a problem; nobody seems to want rooms. Right now today, by the Grace of God, we are filled. Last year we had only four rooms rented out of nine, and of course the expanse goes on, rent, gas, insurance, taxes, water, are continuous. This is the reason for the variance. As far as parking is concerned, we have checked and the City Parking Lot is within 500 feet. I think there are only three people in the house who have automobiles. When we did have the house filled with roomers there were a number of oars and they had to seek parking elsewhere. MR. ROGAN: How many spaces do you have? A. One. In years past four or five students have had cars and they parked where they could elsewhere. We did check and understand it is permissible, that it is all right if there is parking within 500 feet. S, No. 888 MR, ROGAN: Haw many apartments? A. Right now I would Like to put in one more on the third floor, making three in all, and next year I would like to see if it is feasible to put one or two apartments on the second floor. This year it is filled. We can not do anything. DR. BALDINI: Did you know that variances are only good for one year? A. No. DR. BALDINI: If we grant this tonight it has to be done within a year from now. A. In all probabilities this would be done next summer when the students are gone. THE CHAIR: Your house is fall, including the third floor? A. The third floor is rented to two students who were living on the main floor last year. I would like to get this done now, though I did not know the variance lasted for only a year. It onuld be started next June when the students do leave, which would be within the year. That would give us three months which would be more than ample. THE CHAIR: What are the regulations in the City parking lots? MR. ALO: I think they have to be out by seven. MR. COULD: Nine o'clock is when you start to put money in. You have the use of the lot weekdays from six to nine next morning and on Friday from nine at night to nine the next morning. There is a parking lot directly across the street, neat door to Egan's. It owuld be south of Egan's. There is one house there that rents space behind it. � EXS=IVE SESSIONS BOARD OF ZONING APPHALS* CITY HALL, SEPTEMR is 1970 CASE N0. 8881 BENTKOWSKI: Move that the application for an exception be granted with the provision that the facilities be limited to four (4) apartments. PETI'TTI s Second. VOTE: Yes 6 No - 0 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK SEPTEMBER 149 1970 APPEALS NOS. 8919 892 & 893 PRESENT: JOHN BENTKOWSKI, Chairman ' JAMES ROGAN FRANK ALO RALPH P. BALDINI BEVERLY MARTIN THE CHAIR: Opens meeting, and because #891 and #893 are similar appeals, chooses to hear the two cases together. Case No. 891, the Appeal of Claude and Eleanor Shelton, 317 Lake Street, Ithaca, New York for an eaaeption under provisions of Section 9(F)(t) at above address in an R-2 sone, and Case No. 893, the Appeal of Fall Haven Apartments of 51.9 West State Street, Ithaca, New York for an *=op- tion under provisions of Section 9(F)(4� at 309 Lake Street, Ithaca, New York, in an R-2 district. Appellant's Exhibit 1 for #891 marked for identification JAMES KERRIGAN: Let the record show that Mr. Edison Jones has received the affidavit of mailing in both #891 and #893. May it please the Board, I an James Kerrigan and our firm represents Mr. and Mrs. Shelton, the applicants in #8910 and Fall Haven Apartments, the applicants in #893. We would like to consider both oases at the same time as they are related oases. I think it might be halpful to the Board for me to go ahead and describe the requested change. Mr. and Mrs. Shelton are here and Mr. Anthony Petito and Mr. Jack Burns are here if you wish to hear from them. Appellant's Exhibit 1 fie► #891, marked for identification, describes what the Shelton wish to do. fey are approxi- mately 60 years old, have been residing at 316 Lake Street for ten years. When they first came there, It was a rural area prior to the construction of the high school and Cliffside Apartments and prior to the construction of Fall Haven Apartments. They wish now to move into a smaller residence. The problem is in part reflected in the change of neighborhood and they had difficulty in effecting a fair and equitable price for the' property. It is an R-2 district under the Zoning law JAMES KERRIGAN: with two substantial developments next door, and across the street is the Ithaca High School. They have a tri- angular piece of Land. (Distributes maps to Board members): This is a map to the promises of the Sbeltons, There is a steep grade in the back; on the front there is a hedge. That map indicates the proposed changes by the purchaser of the premises. They have found a purchaser but the only purchaser they were able to find was Fall Havens Apartments next door, This purchase is contingent upon some factors - purchasing additional lands for additional parking. Fall Haven now has 30 parking spaces, more than required by the Zoning Ordinance. mall. Haven would like to add an additional. 12 parking spaces along Lake Street, but the Zoning Ordi- nazwe limits this to 25% of the area. That is what the Shelton are seeking an exception from. There are some problem in the neighborhood with respect to parking, I know Cliffside and Fall Haven comply but many of the units are occupied by people with two cars. Tyre is a substan- tial problem with the use of the parking lot in the High School property. Many have used it and this has caused some problems when functions are going on at the High School And the problem is aggravated by a football. evening. The one request of the Sheltons is an except on from the 25% �-' requi,rementi so that the purchaser of their premises mfr put additional parking places in that area along Lake Street, What Fall Haven would like to do is to pave eadsting parking lots. This is a rough sobermatio diagram of the wd.sting parking on the street. There is no proposed change as to the size or number of parking places at Fall Haven but they would liiw to pave all of the parking. Now it is loose gravel and weeds. In addition they find dif- fioulties keeping tenants because of the sbortage of parking; in competing with other apartments with more adequate spicae they find thwaselves at a disadvantage. What they propose to do ts, Increase their parking by the additional spaces which would be provided in front of the Sheltons' property. Mr. and Mrs. Shelton are here; Mr. Bans is here and all are willing to answer, and also Mr. Petitto of Fall Haven Apartments. MR, ROGrAN: What happens to the Sheltenis' house? A. Right now there is an apsAment in the house, and the house will be rented. There may be a third wait which has not been completed. Mr. Shelton, is there a third apartment there now? MR, 9Hkkw CK: There could be. MR, XMWGAN: I do not think the value would be detracted from. A hedge could be a little in back of the present hedge. -3- MISS MARTIN: Is there a driveway there? A. Yes, there is and there will be. You wil-1 note the present hedge and a two-car garage at the Shelton property and the driveway will be maintained. DR. BALDINI: You mentioned the percentage of lot that can be used for parking now, 2 . MR. KMMGAN: That is, I believe, the requirement. DR. BALD]NI: What are you asking now? A. The total frontage is 175 feet. The proposed parking would be 125 feet of that. That would be appro3daately 70%. I would subodt it would make no difference in the neighborhood. No other residence is in sight. I think additional parking would be oonsistent with the nioghbor- hood. MISS 'MARTIN: This is on that ourve? A. In my fueling it is probably 100 or 150 feet from the curve. On the Shelton side of the road you are coming straight, but from around the curve would be the opposite side. Mr. Shelton informs me his has been backing out into that street for years. lh addition there is a school there and I think the speed limit is reduced in the area of the school.. I would ask that the Hoard would grant both applications to allow the Shelton to sell their house at a fair price and I point out that the Planning Hoard has approved both applications. THE CHUR: Is there any one who wishes to speak in opposition? None. THE CHAIR: The next case is No. 892, the Appeal of E. J. Corcoran, 1213 South Geneva Street, Ithaca, New York for a variance under provision of Section 7, Column 2, and exception under provisions of Section 7, Columns 11, 151s 16, at above address inan R-3 district. Who is there to speak? JOHN VASSE: I am John Vasse, realtor, representing E. J. Corooran, The Senior Citizens have now entered into an agreement to purchase property at 213 South Geneva Street, with a street frontage of approlmately 53 feet by an irregular depth of 112 feet and 132 feet. This is contiguous to the McGraw Musing. Their intention is to use this as a meeting place for their groups; it is also their intention to build on the rear of the existing building a structure approadmately 40 by 50 feet, covering about 53% of the entire lot. This is a charitable organization, easily accessible be- cause most of these people do not drive. MR. ROGAN: They aren's asking for a tax rebate? A. It is a non-profit organization but I do not know what they have asked for. MR. ROGAN: The same category? A. There will be no one here paying rets. Q. Is this coming off the taxrolls? A. I do not know. Iii. BALD3NI: The addition of 40 by 50 feet is to be a meeting room? A. Yes. There seem to be no one good place for them. They feel they wish a meeting room which is contiguous to a kitchen. There is no provision for a second floor. MR. ALO: Is there any provision for parking? A. Well, the McGraw Housing will be next and we will have some on the south side of ours, so the parking could serve both areas. Most of these Senior citizens I have seen are walking. MR. BENTKOWSKI: Would anybody be .living in it? A, No, not as a residence, - strictly a place of public as. sembly, so they can work on their hobbies and mutt and so forth. { THE CHAIR: Is there anybody else to speak in favor of granting? R. DAVIS CUTTING: R. Davis Cutting, President of McGraw Housing and we are building 106 units south of this property and we hope you will grant this exception, This would give for the Senior citizens one of the finest developments in our State. As they are to be so close we hope In time they will be able to tie some of their programing in with our building. For some time they have wondered where their place would be. This gives them a place arra will be close to McGraw Housing and I urge your consideration. ROWLAND G. FOWLER: I happen to be the Chairman of the Committee of Senior citizens to find a now place to operate, We are now forced to move from the second floor of Rothschild's over the old Woolworth Store. Dae to Urban Renewal we have been given notice and just staying on a week to week basis. We now have notice in writing that we mot leave. My Com- mittee has been working on this all summer. To start out withy we needed a place on the level., on the ground floor, or to have elevator service, something accessible to the central portion of the City. These things ware head to find. We tried to rent and then finally came to the con- clusion of buying a residence of this sort which would `.. answer our requirements - on the level, no hills. It is ideal. This would be a one-story, of concrete block, similar to many going up around the City. This Council is a oounty-wide council and these rooms are to be sort of headquarters for the Council. This would be sort of our Capital and has no direct relationship to McGraw Housing, except they are geared to the elderly. So there is quite an appropriate connection. We can certainly administer to these people and also partake of some of their facilities. The elderly in the past have sort of been shifted from pillar to post, and this seems to meet all of the specifications. It would be meq hope that this committee would look favorably upon the Corcoran applica- tion. C. MURRAY VAN MARTER: I am C. Murray VanMarter. My wife and I earn the property adjacent north at 209 South Geneva Street. Let me correct a possible impression. I am not here in opposition, but do have a question. The property adjacent I have owned since 1958• A peculiarity in the 'toning map defines the difference in districts between the R-3 and the B-4. which adjoins my north lot line and which is the rear for the property which initiates on West Green Street. This occurs in only one other situation in the whole City. In this case it is my side yard line; it has been this way since -6- C. MURRAY VAN MARTER: 1961. In 1961 when the map was drawn I was elected and represented the Third Ward and refused to object. In 1969 when the map was being formu- lated I was in no position to suggest that it be altered. Now I am faced with the position of having a lot with business on each side of me, -and on the other side adjoined by a B-4 district. This is the lowest of business uses. So I would like to make it clear that I am not opposing your pro- ' posal, but would like to make a note in the record. First, 209 South Geneva Street is joined on the north by a 3-4 district. W lot line at the south adjoins the property in question tonight, and will enjoy a business use. I am entering this in the record for the purpose of what consideration might develop in regard to the value of V property in the future. The second item is the new structure ` that is proposed is of a width of 40 feet on a lot of 53 feet. I would like very much to have it. considered that the one side yard on the north of your property be preserved to five feet. I appreci- ate it coats you two feet. If you could extend to the south it would not affect your dimension at all. I enter this as a oonsideratiot and if this is `.. well considered, I would have no objection to having these people my good neighbors. JOHN VASSE: Just let me say here the length of the addition is 50 feet long and 40 feet on a 53 foot lot. RO aM G. FOWLER: The reason we drew three feet on the map instead of five is because the northernmost boundary of the residence is three feet from the lane, and we lined it up with that4 In regard to parking and utilizing the property to the south, that two feet is much more valuable to us on the south side where it would need ten feet instead of eight. We would not want to reduce the length of the building. What we would do would be to move the entire building to the south, to show five feet on one side and eight feet on the other. THE CHAIR: Mr. Van Marter, how far away is the side of that building from the existing structure, your place? MR. VAN MARTER: About two feet of side yard plus the width of my driveway,--r. th two living units in the back within two feet of the property line. Yq request would put their property five feet From the lot line. -7- Chairman Bentkowski reads into the record the following letter: Mrs. Lucie G. Bolton 218 Cayuga Heights Road Ithaca, Now York Zoning Board City, Ithacat N.Y. City Full Gentlemen: As the owner of property located at 115 W. Green St., Ithaca, N.Y. I am objecting to the sale of the property at 213 So, Geneva St, Ithaca, N.Y. to the Senior Citizens or any other organization or business. It would be a "Tact Free" property and I think Ithacan are already loaded up with tax free - or partially tax free properties - that leave the heavy burdens of tastes on -6neir properties. I respect the Senior Citizens very much but with so many "tax free" properties, I feel I must object to this proposition. Also it becomes an opening wedge that changes the character of the area. Will you please read this at the Zoning hearing? Thank you. �-' Sincerely, Lucie G. Bolton EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, SEPTEMBER 1491970 Case No. 891 & Case No. 893: BALDINI: Move that the application be granted, Case No. 891, BENTKOWSKI: Second, VOTE ON No. 891: Yes - 5 No - 0 BALDINI: Move that the application be granted, Case No. 893, BENTKOWS,KI: Second.. VOTE ON No. 893: Yes - 5 No - 0 Case No. 892: ROGAN: Move that the application be granted, Case No. 892. ALO: Second. VOTE ON Case No. 892: Yes - 5 No - 0 Next regular meeting: October 5, 1970