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