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HomeMy WebLinkAboutMN-BZA-1971-04-05 x I I� BOARD OF ZONING APP3ALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORE APRIL 5th, 1971 PRRSWTS RALPH P. BALDINI, Chairman ANTRONY PSTITTI, 1P aX ALO, JAMS ROGAN* HARRY 3ORTZ, EDISOW,JONES, Building Commissioner b Secretary THE CHAIR: Opens meeting The first case is #915, the Appeal of Firestone Tire and Rubber Company, Syracuse, New York, for as am-option at 207 Elmira Road, to sign else regulation und*r provisions of Section. Column 4, in a B•4 district, Vbo is here to represent? MR42 F. KINON, District Manager, Firestone Tire and Rubbles Company, SyrMmoo. I do have here some brochures of some very limited facts with some pictures that will help identify what we wont to do. (Die ri•r butes to board Members) What we are basically proposing is Was As y4 know, we had a location on State Street and had to nova -out because our lease expired and we tried to get into the Urban Renewl, but could not and had to make a decision to move. 'We are asking for the same signs as more on the State Street location, and to move these to the new location on the Blair& Road: 1) The free standing sign that has the words "FIREStM"; 2) the poroelaintood sign which also says, "EIRSSTONR"; and 3) we are asking in addition to these two signs signs that spell out "COWL1C1']i CAR SPXVICE", which will be on the side of the buil4ing, the overhead doors where the arervice is dons. As to sols reasons why we fee we need these signs: 1) They were located at the old location; 2) we are trying to enhance and Improve the property on t6w`,`Elmira woad, an of building, and we are taring to beautify it# and 3) everythin* depends upon being identified and getting people into our place of business to buy merchandise so that we can mails a profit and stay is Ithaca. We fee we have to be properly identified as we were In the past. If we can not get customers into this location something oleo will have to be done. i I� •2• i MR. KIlhGMN t One win reason for our leaving the loeat i on on State Street and that is it did not offer the parking or the room for the ser• vice we tad to give to our customers. We have been in Ithaca for approx- imately 25 years and always. paid -our tames on time, we bwve tried to be a loyal business operation all this time. We also feel that there might be some other retail establishments that have larger signs than for the provisions that have been a.11oted. On page, 3 there ore pictures of our present location, showing how was will install the signs an our new build ng; across the building, "FIRSSMYR", noneneonisted; the second is not neon sod; and we are asking in addition *COMPLETE CAR SMICZ" on the side of the building. The free standing sign measures about 6S squats feat; that is the neonised one. I also would like to show you on page 4 a store in Syracuse and Camillus that is the, same kind of signs. That is what this will took like in Ithaca. We have been in our new location for approxi E mately a month now and many people still come and say they can not find t. We have had several call to ask bow to get there. Thence is no identific • tion on the store at this time and we have been operating for the last minth. i� MR. AIAt Why the free standing sign on the road and another at- tacked to the building, both saying "Firestone"? L A. These were on the old building and are just being moved o the new location. To be honest, we feel it should be upl there. i think it helps If any one to looking for the Firestome sign, it will show up. I would very much like' to see both signs there. THE CHAIRt Do you expect to have lights? A. No. we do not. Thiene .are just lights that Shine down from the parking lot (indicating). This "Complete Car Service" sign is strictly for the benefit of the people who are going through the car wash, to let them know we also have car service. We are also going to point this building; the inside has kwon a mplately done over. We have spent a great deal of money to gat this in shape. We are proud of our associations in Ithaca and have tried to abide by all the 1 w 3a I MR. i<WOW: rules and regulations and that is *by we are asking Permission to do this tonight. TU CRAIR: Is herre say one who wishes to speak in favor of tbis None. Is these any one aho Wish to speak in oppssitian to f�I this'd . Hone. It est, I have here a letter in oppoiti.an, dated r.� March 19th. (Breads letter) I I �I I I I 1 i I , i I I Ii (i ,i .4. �j TIE CRAIRs We will now go to Case No. 917, the appeal of Michael Si.; Tuerbacsk, O14 #9s gestaurant, Inc. 3018 Wynnwood Dr ve, 1 Big Flats. New York, for a variance and an exception at 311 College Avenue under provision of Section 70 Columns 2,4,3,7 and $ in an H-3 district. Who is appearing? Dill SR Z2BR0WSK1 I am Walter gebrowski , attorney for .Old XuMmT Hines Corporation. Our appeal is for two purposes, one for the use of the property, and the other for the sign. As we havo set up in our proposed map of the operation this property is intended t be used for`a restaurant, serving from 1100 A.M* to IWO A.M. dailys right in the heart of the College town area. The purpose is to serve primarily the young people in that area, from a limited variety of foods* �i simply prepared, at an inexpensive price. The usual highly priced type restaurant does not really appeal to the young folks. Also, there woui 7i be beverages of course, served on the promises. We believe this would � be an asset to Collegetown and the City of Ithaca generally. I an sure you are all familiar with liar. Turback+s restaurant on the 11mira Road. He has done a service, I think* to Ithaca, in the tape of establishment he has setup and the momer in which he has ran it. He would be property manager of this operation at the Old number Nines Fire Hall. One of the things which he is planning as advertising is bringing in a 1929 Maxam Fire Raging which mould be a part of the decor for the fire hall. And the sign which we are requesting would be mounted most likely an that fire i engin® and the sign would be somewhat smaller then 25 .feet, I believe. I an sure all of you realise or recognise the fact that this is the type of property which really does not lend itself to the type of uses, which the Zoning Ordiasnce permits in that area. Presumably it could be operated as a fire hall but that is obviously out of the question. In order to receive any sort of reasonable return on the investors' money, it would seem that the B.2 use almost of necessity has to be applicable to the j� property. 1 �1 f± MR. AWs Now about parking? A. Within 377 feet you have a public parking lot, which Seats the requirements. MR. ,AIA: That is quite a ways spit and we have a problem • ghat ars you going to do with care Japing in front I, of your area? A. First, Your toning Ordinance requires only that the section 91►.1 requirements be mot, "when sufficient p U lie parking apse* is available within SM feet", and this has been not. However, Eat as point out that we once intending this operation to be for the young poopl In that area, within walking distance of that area, WO have met the legal requirements and do not ase where the" would be any probleme at all. MR. AWI gat you he" not eaet the need in any way of furnishing i� any type of parking. This type of business is going t generate traffic and there is bound to be traffic in this area where we have problems already. A. I believe there is to be one parking place for every u five seats. 'There is 10 or 11 parking apse" on the pvsmdoos itself and in additba a parking lot within 377 feet of the promises. M. ROOM Who" is this fire engine gains to sit? A. The salt is leas than a aaath ago but It would probably be at the far sad in ont of these perking plates, or If not, it would be inside strictly as` a decoration. If in other words, be does not go along with the fire engi e there, it would be inside. hR. JOHISs There are 180 fast for parking space. i A. Nell, than theirs would be somewhere around five or six i parking spaces. i' 1�! MR. 80RTZr Hbw many drys a creak for this operation's A. - Seven days, lt%OO A.M. to 1sO0 A.M. daily. THE CHAIRS Is there say ons who wishes to speak in behalf of this ` petition? Hone. Is there any oft* who wishes to speak in opposition to this petition? `a FRANCISEGM: ' I an Francis Egerst, 301 College Ayenboo Where aye you going to park your cars? I am subject to harassment } all the while. There is gust no place to park there. I as not going to 'hove 'them parking to our-parking lot That is for my customers and I am going to see it is used Abr that purpose. I as opposed to any one comtn a on the hill for 0 buslamss that needs parking. Young people haus oars. They doa't give a data where they i park as long as they can find a place kip put s ear. h as very much opposed unless you can find o place for them to park. I A. The foot still remains that the parking requirements u hove been fully met. That is not an see. You% yo If,, Mr. Sgan, had to tegtseat a variance for both the use a the parking at `tbe parcel you have. MR. HGAM-s I also furnished 43 parking places. There is only thr�e In front Utters you propose to to. A. There are some parking pieces in the resir. MR. EGANS I 'think they should find places to park that* care; ct or- vise, we arra going to have to police our parking lot. And if I have them tossed sway they are mad at me But I oan''t afford to give them that much room. CHRISTOPHER � ANAG OST i 312 College *venue. He sang* and own the motor lodge �i located right across the street from old Number Mines And i I' 07• ;I CHRISTOPHER ANAGOST a WE ARE ALSO AWARE OF THE CRITICAL situation as to �I parking in the area. The Coliegetown Motor Lodge is one of the three motor lodges on College Avenea, with 46 parking spaces, and 41 roams. Our lot also serves so a temporary parking lot for others In the are* as well We have accepted these intruders as a matter of fact and as long as we have space in the lot and they are k . there not over half an hour, we let thea stay there. w However, we feel it creates an unnecessary burden on o employees to police the working lot, and to have cars towed away. As Mr. Stan said, the restaurant will operate into the evening hours and those are hours which are critical for Mr. Egan and ourselves. We do not object to a restaurant; we feel it would be good to have one across the streetl however# he should provide one spac4 for each five people either +at the premises or in a nearly lot. I WILLIAM SCHMIDTt On March 25th, 1971 there was a resolution passed by the j Council to the effect that certain things must be obsezved. I draw your attention to the last: paragraph of the document u of Nov. 3, 19650 the wry last snetnecet '"The statement j from the person, firm or agency requesting as to int d use and use of load wast be submitted previous to purchase." I It would appear to as that they are going into this-L:::.. ate? backwards. They have purchased the land and now are asking for a variance and exception. A. Whatever resolution this gentleman is referring to, the also passed a resolution to 9e11 this parcel. The question iof parking is not in point here. These laws have been fully met. We are appealing, first, use of the propert . and second, the sign. MR. SCHKIDT: Does your board have to act on this appeal for the use? TRI CMIRs Yes. ,� I i MR. IIBROWSKI: Before we mrdo a bid we were led to believe this whole area was up for toning. THE CHAIR: This is up to the Common Council. A. I realise this. MR HALO: A lot of areas are supposed to be re•sened. MR. SCHKIDrI When was this indication given to you? MR. ZEB16tVSKIs I do not know the individual. It was simply indicated to us that 4t was being considered for reasoning. It was at the auction and maybe the minutes were taken of li the auatton. MR. SCHMMTt When this. land vent up for sale were you given any as• su!roml o this vas coming use fsor re-zoning? f A. No. ,i ' RARE AHA STs I would like to inquire if there are other intended juses for the property, as a whole. 'I A. It is only for s restaurant. No other intended uses are cont dated at this time. i i MB. : The paper said a dress shop on the second floor. A. i have no responsibility for what the papers print. This appeal is only for the grouped floor for a restsur 6t. I It is not practical to use the upper floors for a rests ant but this is for the whole building. The plans we haw j i submitted for the appeal acre only for the ground floor. MARGARZT ANAMSTs Raw has he .scot the parking regnisats? THE CHAIR: No claims that if there is public parking within 500 feat of the property that the parking requirements have been not. CHRISTOPRO ANA STo (Roods Sec. of toning Ordinance at page 17): What does Section 3 cover (quoting): "one parking, space for each five people"? �I THE CRAIRs Paragraph l supersedes thata i if JaHiI Guramumt As to the statement about B.1 seonings was there a person wbo made that co _to you • you obviously planned because of that statement. Do you know if the parson bad any authority to make that statement? A. It was a City official. If the minutes were available Ii I am sure you could check it We are not relying on t jt+ I Certainly this statement was oonridered but I am not hery trying to bold any public official to that statement. PAUL SYHIOU: 935 Bast State Street. ©id you later, Doctor galdiai, that the Board of wing Appeals can not deny as appeal if the parking requirements are not according to the i tsning Ordinance? I THR CMUs I did not say that. HO however, if thet were the onl provision to be met we could not turn thaw down. If t is decision were to be based only on that one provision o i parking we could turn it down and he could take it to �` count and the court could gaunt it. you can not buy let* ! a hardship and than come to this board and say *'Sall me Ott." I I I 1 i� If i 010- t! ITHE CHAIR: We go noir to Case No. 918, the Appeal of Marianna Luceate, 363 Spencer Road, Ithaca, Now York, for an interpretation and an exception at 326 Spencer Road, under provision Section 7, Column 8, in an 1-3 district. Who is appearing? Appellant's Exhibits 1 through 7 marked for identification WILLIAM P. SUL14VAN: I as William Sullivan and i am here tonight represent wg Marianna Leaente who owns several pieces of property Spencer Road and the one we are concerned lith tonigh is located at 326 Spencer Road. There was with the o igi• nal papers a sap attached. This, Exhibit 1, is the p. The place of property we are dealing with is shower by the shaded portion on Exhibit 1. The problem began back In i� 1962 when a person by the new of Mr. Edwards gave a i right of way to people who owned the entire property . Marsden. A 15 foot right of way leading from Elmiraoad j to the northwest corner of the premises was given, an in 1966 another ltght of way was given 15 or 16 feet rom the original right of way because of a draining ditch Although the purpose of the right of way was for ingrload ssas and egress there is a right of way to go le 8leira Into these premises across the large portion shown on the asp as 217 Elmira Road. At the present time and starting last August Mrs. Mariana Lucent* gave Rocco Lucent* p r• I scission to we a portion of the promises that are aha ad ; here. At the present time he is operating a mobile h j sales agency by this 15 foot right of way. In order to use this the procedures were given as an agreement with the City of Ithaca, which is Exhibit E attached to tbd appeal papers, which says so long as he maintains 60 foot of frontage along Elmira Road he ssy .use it for Ingress and I� I MR. SULLIVANs egress, and when be is no longer able to maintain 40 feet he must cease using this as a business property. This all case about because Rocco Lusente applied to the City of Itheas for a permit for mailing address as there was no number assigned. A temporary assignment of ssi ing address was given to Rocco and Marianna Lucente to use the premises if he would sign this agreement attached to the exhibit. According to the report of the notice of ji the meeting tonight it said on R•3 district. B-4 shoo d also have been included. R•3 is the lined portion of he sap. The property fronts on Spencer Road but there is no access for commercial purposes and we bm been told wi can not or*** the 50 foot right of way to get to> Spencer Road with trailers. northwest of the 50 foot line every- thing ve •thing above is a B•4 district and a permitted use within a B-4 district is an auto sales, and I think this fall in that category. $else of motor vehicles and homes ills permitted within a S-4 district, which is everything am i top of this lined portion at the bottom. I would l!ke to indicate for the reword that Exhibit 4 is a copy of the right of way recorded in Tompkins County Clark** Office in 1962 and Zxbibit 5 is a copy of the second right o way given by Mayne Idwards to Herbert Marsden in 1964. MR. ALOi When the Bright of way was granted in 19629 at that t61 a there werenOt any mobile homes to deal with. A. That to correct. It is my understanding that there just a gas station there on the property of the Cards. The right of waw comes right scrcas the corner of the Property. MR. ROGAns Is the right of way a lease? A. Mo, right now it is forever, a 15 foot right of way f r the shaded portion. Because of the agreement, Bxhibi 1t, Rocco has obtained s lease of 40 or 30 feet, with Mr. and I a12- MR- SU"1VAN: Mrs. Card easterly of the right of way. That was for a year from last A"uat pursuant to approval of the City Attorney. The agreement says that if there is ever a tine when be doesn't have a lease he out cease opesat ng a business at that location, unless you people give bill permission to go shead and use gust the 13 feet. Ther I are two things wears asking fors 1) that you people j determine that Column 7, Section 8 does not apply to t is type of situation where the premises in fact have no frontage on Elmira -Mood. The right of way Is just a ane to get in and out. We ask that you determine this doe not apply. Sree:ond„ we'ssk if you determine that Cols 7, Section 8 dost applyi, than we ask that you give permission • to use the premises here with just the iS foot right o way in and out of the premises. The only problem bore is that we need a mailing address. We haw secured a t porary one, 2219 I balieve, to this piece of property. Cards was 217.219 and Kobary was 223. I MR. WWs This 13 foot right of way •does this have any stipule ions in it? A. Just for what it can be used for and according to tbs j� agreement it can be used for ingress and egress and t t Is all we are asking to do, to use these premises pure t to the night of way. There will be no traffic over 8p or Road. That is blocked. We want this traffic is come roes Elmira load. MR. SULLIVAN calls Mariann& Lucente. HOL40A UXINTB, called to testify, answered as follmist ix au,Sy1l Ivan, What #a your f ul 1 names? A. Marianna Lucente. q. What is your address? A. 343 Spencer Mood. •13a - II 1i I. 11 I show you a map, Appellant'* Exhibit le and do you I� reeogoise the general area? A. Yes. Q. Are. there any lends which you own that are shown on this gip? A. Yes. Q. Is the shad ad portiere one of those lands? A. Yea. Q. Do you recall when you bought this lanae A. Yost 1964. Q. Did somebody buy it with yore? A. Yes, my husband, Frank Lucente. Is he living now? A. No. Q. Whoa did he ala? A. 1968. i Q. You bought this as husband and wife, the land? A. Yes. Q. Mrs. Lucent*, is there a right of way shows at the upper portion of the asap, a little strip with a a right of whey leading to your land? A. Yes. #�. Have you given Rocco permission to use part of these lands for operation of his Mobile Roma Soles? I A. Yes. ROCCO LUCUTZ, called by lir. Sullivonj answered as fol1lowsl Q. what is your trams and address? A. Rocco Locenta, Sft Warren Road. Q. Do you operate a business on the 91mirs Road? A. Yes, +empire Mobile 'Rome Solas, dealing with mobile hows Ij and trailers. Q. I shots you Appellant's Sxhibit 1 and ask whether you racoge nice the area? A. Yes. I Q. Does part of this aoep show the area where you operate your agency? 1 A. Yes. Q. Will you indicate where the Mobile Reties Sales Agency s operated? A. Right in the northwsterly ansa, the *boded portion of the map. I' � i .14. I. I' Q. Is there a right of way leading in there? A. Yes, 15 feet from the 91mira goad. Q. Do you have a lesse with William Card? A. Yea. Q. Do you have any landlord tenant problems? i A/ No. Q. You get along all right with him? A. Yes. li Q' Would you describe the character of the neighborhood I along Spencer Road where 326 touches Slmira Road? A. Residential area. Q. Now about 114 feet along Spencer Road, the type of areik that is? A. Trees and brush and vacant. Q. Do you have any plans to use that as &*eggs to the trailer sales? A. No. Q. I show you Mxhibit 2 and ask what that is? A. A resolution, from the Civic Association, stating f be were in favor of what I was doing. �IQ. This is the Enver Road Civic Association? A. Yes. Q. They do not object to the use of the right of way? A. no. I Q. Row about 1xhibit 3? Is that a copy of your agreement, with the City? A. Yes. HR. SULLIVAN$ I also put in evidence Xxbibit 6, a letter from aobert Dingman, indicating the Department of Public Works has no plans for this property, based upon ibthibit I, which is a copy of the decision of the petard of Zoning Appeal* from the last meeting indicating the Department of Public Works should investigate the problems. MR. ALO: In 1962 there were no trailers there? Dom. Si'L.IVANt Na. i NR. ALOs When was this trailer sales agency thing started? A. In August of 1970 they leased it. Ii Q. Why didn+t they find out gust ghat was needed? I li _ -1�• I #int. SULLIVANI I do not know. There vera' trat lora an order and at It Not point we approached the building Department to put up a y sign and at that point we were appriesd there war. pr lose relating to mailing addresses and so forth. Mit. AIA: This matter was brought up to us in liowsber. Has tb s business existed under these conditions even though ims had turned this down onto before? MR. SULLIVAN: On the basis of your prior decision I do not believe, s you turned it down. You did not grant it. (Mr. Sullivan reads ZzbIbit ?) I did not read that as s denial of the variance. There is a loess is offset todayo with Hill Card. Thera is no provision for its resoa l in Wholea**: w,dreeaeraent. If Rocco does not renew it hs twee to got out of thea . =r You welt`consider* I think, the character of the naig bo r If hood. I do not think it disturbs that at all. THB CHA►I.a You Bald something to the effect that Mr. l4wento has i the right and legal agreement with Mr. Card to op*nt this mobile age ay because he tae a total of 40 rest. lin has a lease but the agroement, according to Xt i W*inotein's ruling„ to that as long as the leas* Is i i effect be can continue the business. MR. SULLIVAN: That to correct. In the agreement i THE Cunt He to doing business now with a leas* which gives his 44 or 50 feet. Are you asking this Hoard to 3udg* tbit Mr. Lucent* can continue in business lith only IS fee ? Mit. SULLIVANt That is right. In the agreement there is s provision indicating that if Rocco is able to satisfy the tonin Ordinance by other means such as an exception or vrart e, i there is nothing to prevent him from doing business b these other means. 1 i Ir i -16- 'I THL CHAIR: The next case is No. 921, the Appeal of Earl S. an Catherine C. Carpenter of 228 Haller Blvd. Ithaca, New York, for an exception at 438 North Aurora Street, for lot size under provision Section 7, Column 7 in an R.3 district. Who is appearing.? I EARL CARPENTER: I am Earl Carpenter, owner of the apartment house at li 438 North Aurora Street, and I am asking permission u �I to change from two apartments to three apartments b taking some of the existing rooms and installing a kitchen. I will have a different type tenant than i I maintain it as strictly two apartments and a rooming house. This is the letter which I sent out and on which there is a reply. Appellant's Exhibit 1 marked for identification. jMr. Carpenter reads from bottom of sheet of his letter: • I Ii "Mrs. Davis and I hope you are successful in gettingi permission to build the apartments. We prefer those: to rooms. I /s/ H. B. DAVIS 440 N. Aurora" I �I THE CHAIR: How many roomers are you eliminating? A. It is vacant now. I think that I have enough for three cars in the rear of the house. These will be all interior changes and improvements. The outside i will look exactly the same. THE CHAIR: Is there any one who wishes to speak in favor? None. I Is there any one who wishes to speak in opposition? I! RONALD H. BURS: 442 North Aurora Street. Is Mr. Davis' letter dated I today? A. He sent it to me this evening. Its. This house was formerly occupied by how many roomers I ! �i I I+ i _17- A. It was used as an elderly ladies' home, using it as five apartments and they were not legal apartmnets s I don't know just how to answer that. MR. JOINL;S: It was listed as "two apartments and four rooms, let for profit". MR. BURS: Did you say three parking spaces back of the house? MR. CARPENTER: Yes, the lawn. The house has a frontage of 33 feet. I feel there will be less parking problems with stable �./ tenants as opposed to roomers. I guess my main concern is that your letter spelled cut what might have been in the future and what it will e. I understand that the occupants before had a sum tot 1 of one car, so I would assume this change would con- tribute to a parking problem. A. Right, but if I rent it out to roomers each roomer c¢uld have a car also. The ones there before were elderly ) ladies who had no cars. c1. Are you working for a student type of rental i A. No, I am aiming at a more stable type rental. THE CHAIR: Is there any one else to speak in opposition? None. i i .I -13- I THE CHAIR: The next matter is Case No. 922, the Appeal of Beatrice N. Dennis and William R. and Dorothy M. Freund of 1025 North Tioga Street, Ithaca, New York, for a variant at the above address under provision Section 7, Cols 2 and 3 in at R-3 district. tti'ho is appearing'' 7 WILLIAM R. FREUND: 1025 North Tioga Street. The property in question his been commercial for about one hundred years. I unde - {+ took to remodel it myself and we had to evict a tens t and the store has been vacant for a year and two months. !I It is now completely remodelled and we propose to op rate It as a wig shop, and feel it should be quite an im- provement in the neighborhood. ' THE CHAIR: Who is going to run it? A. Andy Anderson's wife. Q. On you have any idea of what hours it will be operat d? A. During the daytime. Q. Any evening hours? I A. By appointment perhaps but not late evening. 'I THE CHAIR: Is there any one who wishes to speak in favor of thi. ? None. Is there any one who wishes to speak in opposition t this? None. • li i �I 'i -i9- II THE CHAIR: The next one is Case No. 923, the Appeal of Ithaca College, Ithaca, New York, for a variance at South Quarry Street and Valentine Place under provision of Section 7, Column 2 in a P-1 district. Who is appearing' WALTER J. WIGGINS: My name is Walter Wiggins and I am representing Ithaca College and Mr. Broadhead from the College is also here. The problem is a serious one for the College. The property we are concerned with is the old Ithaca Hos ital property known as the f�uarry and Valentine property. The booklet which I think was given to all of you wa used in trying to market the property. This was pur- chased in 1958, with the original intention to develop for the Ithaca College site to amalgamate the facilities downtown into one area. Since that time Ithaca College purchased the land on South Hill and developed an entire new campus. The area was zoned as a public area, as 'a college and dormitory and then continued as a dormitory. i./ With the development of dormitories on the South Hill i site this facility becomes less and less attractive �nd desirable to the College; the cost of transporting l students each day amounted to approximately $50,000 year The students housed there were not as able to avail t1hem- selves of the libraries and extra-curricular activities, • so the College phased out the two dorms. The City t en placed the property on the tax rolls, withdrawing the tax exempt status. And about eight months ago Ithac College began to try to market the property and it was determined by the few prospective purchasers that the cost of rempodelling it in order to meet present day standards was prohibitive, and the College then begs I -20- it---- Pix. WIGGINS: a search for some other private use of the facility by advertising in the papers and the distribution of these booklets to many prospective purchasers, all t no avail, until recently the offer to purchase the I property for private use. That is to say, a housing facility, because it can be accomplished with almost I, no renovations for the proposed use. That is for one, two and three room apartments. The property is presently surrounded by an R-3 zone except for one area, East State Street at the top, the area in dark blue being the property concerned with the old hospital buildings on the left and the old nursing facility on your right. The area to the south is zoned public as it is owned primarily by the City designed for a park area. All across the western and northern part of the property is an R-3 zone. The eastern part is an R-2 zone. The Zoning law would qualify it as an R-3 zone. We hav� asked not that the use of the facility be changed, b4 j rather that the character of the ownership be change from public to private. The College finds itself presently on the horns of a dilemma because they attempted to secure a purchaser and were unable to do so and the property was placed on the tax rolls at 415,000 assessment and we are pleased that we are able to come to the Board with the possibility of transferring to a private owner <j who will use it as it has been for the past ten years. The sale is contingent upon the granting of this variance. i THE CHAIR: What security does this line follow? MR. WIGGINS: The only conceiviable way is for the property to be used for a private use. The buyer is required to secure the financing within 45 days from when this is approved. !� If this fails the College would have to Bind a purchaser ii I -21- MR. WIGGINS: for the same use, which is the only conceivable use. THE CHAIR: The variance is for a year. At the end of a year wo ld the College be willing to come back to the Board and ask again for a variance' A. It is a rather substantial price, although not as ,I substantial as making it a hospital, nursing home or school, but there are things that have to be done. think it would be unrealistic to expect the purchase � I I to spend upwards of half a million dollars. Of course j if we were unsuccessful in the course of that year w i ji would have to come back. The Planning Board has rec - mended it and it is my understanding they would reco end I it be re-zoned R-3. 'j MR. ALO: At Valentine Place is that parking lot located at th back of the building? i A. There would be no reason for any change to be made that T can see. �j MR. ROGAN: How many units are proposed? it A. I think 72 in the nurses' quarters and 100 in the hol- pital quarters. As I understand, the intention is t convert the rooms that have connecting doors and bath- room at - room into one or two bedrooms units, but most of thein i would be single rooms. There is room probably for are kind of additional housing facilities but I am not per- sonally acquainted with all the plans of the owner. We are just asking that it be used as it presently is. THE CHAIR: Is there any one now who wishes to speak in favor of this appeal? None. Is there any one who wishes to speak in opposition t j this appeal? I I �j i -22- MARY YENDr I would like to know what type of bocariagi the type Of people who are going to be rented to? jNA. WIMIN$a It would be hard for us to anamr that. I can only say the owner will undoubtedly attempt to rent it t the way It is best for him and In the way the facility will bast land itself for rental without any subston- tial change In the character of the buildings. I would think it would be wore like a private dormitory than u other facility. I would assume It would be ranted tco �I people who had a need for single rooms. MS. PAUL RMONT I do not know whether you know or not but Ithaca Cot age has a lot behind my property and Mrs. Clark+s, which the Calls&* was not aware of until about a year ago, and Ithaca Collage would of course have to take care of it. It is of no use to may one and It is an eyesore to us. Ithaca Collage did a beautiful job; they tools all the debris out. I do not know whether the presset buyer knows this or not. While Ithaca College was there we certainly had no trouble. Everything want along beautifully. I would assume there would be nod caretaker an the promises. MR. WUMNS: I would assume there would have to be s caretaker an j the premises. IRS. lies 'Hell, the best way is to take a bus and go down State Street and look at the properties. MRS. FIRRSMZI lab Valentines Place. You are talking about possibl 175 tenants with possibly 173 cars, with three moos roads to State Street, with no sidewalks Brom halfwa down. There are at present eight or nine children living dawn my way, and whereas the College provided bus asrvloa every student did not need a car. Hoar would this be able to accommodate all these �I people? l -23- !i j� MR. WIGGINS: Prior to this it was a dormitory and before that it was a hospital where each of these rooms were occupied with a substantial staff and the parking areas a000 - dated them at that time. We are only asking that it be used as it is presently used. As a practical matt r I there is really no solution that I could suggest. Q. It would seem that the College is using its prestige. i A. The College no longer has a use for it. It has tried in good faith to find a buyer, and I would hope you would agree that they come before this Hoard in good faith. MRS. FIRESIDE: Well, we do not know the buyer and I object to the lack of control. MRS. RENO: What we are most concerned about would be the traffic past my house and then down Valentine Place. If there were some wag they could not get to the back and if all the coming and going would be by Quarry Place. We do 't i have that kind of traffic going down Valentine Place ow. MRS. LEON DITZELL: 109-111 Valentine Place. There is a fire lane betwe our two properties and we had trouble with students ! parking in the fire lane and thea we would call Ithaca College and they would ask to move out. There is only room for about 15 oars to park and Ithaca College has been cooperative, and I feel that there should be a definite understanding that that fire lane should be kept open, and that there should be a caretaker on the premises at all times. Actually our best asset in renting or in selling is our location. MR. WIGGINS: I would certainly accept that recommendation concernirg the fire lane. With respect to the caretaker I would anticipate there would be such. THE CHAIRS With a boiler room of that size there would have to b somebody on the premises all the time just to take oaze of that boiler. There is a State law, I am sure, - 12,000 square feet for the boiler building alone. I� � I .24- ROSS .24-ROSS McPHIIiSON: East Hill Civic Association. There is a major concern iI against the possibility of just Hill going to one hum- dyed percent dorm and we realize Ithaca College's pro- blem. What the Board must recognize is that the c - ter of the use may not change. Ithaca College has run a nice clean shop in that area. I suspect most residwLts are worrying about the character of the users. While we may not be able to make a specific objection, it voild be nice to have an understanding of who the developer would be and just how he would use the property. �f MR. WIGGINS: I do not know how to answer except to suggest if suo- cessful in his finanoing, he would use it just as it i being used now, perhaps oriented more towards young people than old people. I think it will find its orm way. I understand your concern and wish there were sorte way I could guarantee it will be used exactly as in the past. I do not think anything but time can tell us how this will best be used privately. Q. A worry that has been expressed to me is that an R-3 rent would allow the purchaser to use this as an open style dorm. I� A. An R-3 zone does permit dorms and rooming houses. We are asking for nothing that is not permitted in the 'i adjoining zone which is contiguous to an 1-3 zone. We are asking for nothing that has not been permitted. I trust it will not be detrimental to the area. I would say that the owner would not have to retuen to this Board if the variance were granted. MR. SCHMIDTs First, any property is contiguous with the College. I have been there since they were there and I couldn't k for a better neighbor. Seoond, the obher side of the coin - I understand that that building has been explo d i in the past to make some apartments and I understand n it can not be done, so this leads me to believe if it s zoned R-3 that at the best we will have a light house- keeping arrangement or a massive rooming house. some f the folders say R-1 and some R-2. Whan the College wa in there they policed this thing beautifully. As I lock at this thing now I can see a massive alum developing ! therm. If it becomes a massive rooming development I can not see the possibility of the City policing it as the College policed it. j v_.-_ MR. MGM: I can understand. The City has not come forward to take it over and maintain it; no individuals haveg an no other public boar has, and I am hoping that it wi indeed be viable for a private owner. When it goes o the tau rolls, presumably a reasonable portion will used to police it as the rest of the City is policed. MR. 9CHMIDT: If I don't voice these things I haven't done my job the community as a citizen. If they grant R-3 I wauI f like to see something much more enact. I have heard it might be used as a hospital facility, a follow throug 1 for drug addicts. I would not object but I can not see `-� the broad area that could be granted to this property that would certainly not help the neighbors or the Ci Y. f IMS. PAUL STEMER: 935 East State Street. All I want to do is to add my support and aW concern for the population of the area not to be any more populated thah it is now. We have had problems with boys from Valentine dorm, but we di have cooperation from Ithaca College. Yq other cone is further construction in that area. I do think an I' R-3 zoning would make it wide open. i IM, WMOMS: The request is merely that the existing use be oon- tinued in private ownership, Yq guess is that itmigh� be re-zoned, but that is not 'our concern here. EUGENE WAN: 112 Valentines Place, My question: Lbes the College have to get this variance in order to sell it? Int, WSGGMS: Yes, he insists that he be permitted to use it before he buys it. ROSS McPHERSCN: If the City goes for this sort of thing without a proper foundation, it is like a type of anarchy. The incurs an of this sort of oomwdty leads directly to the form of civil negligence that the City should take great pains to avoid. I could find many eacamples of land use i that went this way. That is simply an admonition. I i -26- I, - I-- THE CHAIR: The next ease is the Appeal of Tallmadge Tire Service 716 West Clinton Street, for an exception at above I address under provision of Section 79 Column 4, in an 1.1 district. Who is appearing? r RICHARD FIAV;I=: I have a blue print here of the property at 716 'Fest Clinton Street. At the top of the map is the Deanoo 1 Building. Oar building is set about 104 feet behind Deanco, so when you come down Clinton Street you can not even see our building, We want to take this cind r block at 716 West Clinton Street and we want to put on the front a mateki.al -called Glasswell, a white por.- celain. It won't be lighted. And 27 feet from West Clinton Street we want a sign, free standing, saying "Gow a7. Tires", 8 by 120 which win be neonized. This area is domeaercial. We feel it won't be a tragi o hazard and we feel the people will see it. One will. be $8 to 6Q ,square foot and the other one 96 square f This sign is recessed 27 feet from. 'lest Clinton Strewo j THE CHAIR: Is there any one to spear in favor of this? Mone, y Is there any one to speak in opposition to this? I Hone. i (I � I i I I i I, I I I WCUTIVE SESSION, BOARD OF ZONING APPUM9 CITY OF ITHACA APRIL 59 1971 CASE N0. 915: ALO: Move that the application for exception be granted. ROGAN: Second. VOTE: Yes - 5 No - 0 Application granted. CASE N0. 917: ROGAN: Move that the application for variance be granted. BORTZ: Second. VOTE: Yes - 5 No - 0 ROGAN! Move that the application for exception be granted with the stipulation that the sign be attached to the building and not to exceed 25 square feet in size. PETITTI: Second, VOTE: Yes - 5 No - 0 Application for variance and exception granted. -M-M-M-AMM----M w r CASE NO. 918: ROGAN: Move that the application for the exception be denied for the following reasons: 1) Applicant has not shown ownership or possession of a valid permanent easement for the required 40 foot frontage 2) Applicant has not sufficiently demonstrated that there were grounds for granting an exception and has not shown that he has made sufficient effort to wthaust the pos- sibilities available to him to remedy the situation and that the amount of frontage the appellant does hold in easement (15 ft.) is not nearly adequate to allow an exception. BORTZ: Second. VOTE s YES - 5 NO - 0 Application denied. w w•.ww�ww.�.w—wr.wr—rw�w�..+w—w.•rw—.�r+.r—aw�w.r+r M._No.., = PETITTT: Move that the application be granted. ROGAN: Second. VOTE: YES - 5 NO - 0 Application granted. rrw—r.rr+.�rir.►.�+..wwww.�w.►w+w+w www�rr+w—w.•wws.w.N...w...rwaw—wrww.r�rw.�.�ww+�.w+..�..Mw CASE N0. 922: ROGAN: Move that the application for a variance be granted. BORTZ: Second. VOTE: YIS 5 NO - 0 Application granted. • ww.www.�..rw.rwwrwwarw.r.nrw�.---www...www---------—wwwwwwwww.•.r v OAS NO, 923: PETITTI: Move that the application for variance be granted. ROGAN9 Second. VOTE: Yes - 5 No 0 Applioati.bn:.granted. • SE0+1 .,,924: ALO: Move that the application for exception be granted. BORTZ: second. VOTE: Yes 5 No - 0 Application granted. v STATE OF NEW YORK SUPREME COURT CHAMBERS DAVID F. LEl,JR, NORWICH JUSTica August 17, 1971 William P. Sullivan, Jr. . Esq. O'Connor & McHugh 300 North Ttoga Street Ithaca, New York 14550 Fred Weinstein, Esq. 323 North Tioga Street Ithaca, New York 14850 Re: Matter of Marianna Liucente vs. Ralph Baldini, et al. Index No. 71-550 Gentlemen: I have prepared a decision in this matter. A duplicate original of the decision is being sent to each of the attorneys and to the Tompkins County Clerk. There is also being forwarded to the Tompkins County Clerk the pleadings and affidavits submitted in this proceeding. Respondents' Exhibits 3 and 6, the transcripts of the hearings on November 2, 1970 and April 5, 1871 are being returned to respondents' counsel. Very truly yours, 5: Justice Supreme Court Encls. cc: Tompkins County Clerk i I 1 I' STATE OF NEW YORK i! SUPREME COURT : COUNTY OF TOMPKINS - - - - - - - - - - - - - - - - - - - - - -I In the Matter of MARIANNA LUCENTE, Petitioner, IIS j - vs - RALPH BALDINI, FRANK ALO, HARRY BORTZ, GEORGE HARPER, ANTHONY PETITI and JAMES ROGAN, constituting and comprising the Board of Zoning Appeals in and for the City of Ithaca, and EDISON JONES as Building Commissioner in and for the City of Ithaca, � I !� Respondents. I I� - - - - - - - - - - - - - - - - - ,- - - - - - I Chemung County Special Term June 7, 1971 (Finally submitted July 29, 1971) I , DAVID F. LEEJR. , J. i O'CONNOR and McHUGH, ESQS. (William P. Sullivan, Jr. , Esq. of counsel) Attorneys for Petitioner i FRED WEINSTEIN, ESQ. Attorney for Respondents This is a proceeding brought pursuant to article 78 of the CPLR. I� 'I I The petitioner seeks an order "reversing, annulling, and setting aside II i the decision of the Ithaca Board of Zoning Appeals made on April 6, 1971, i which decisions denied [the] petitioner's appeal for an interpretation and • t ' i I 2. I! an exception Of I! II Petitioner owns premises in the City of Ithaca known as 326 I I� I Spencer Road, having a frontage of approximately 114 feet along the north side of Spencer Road, and a depth of over 400 feet, It is not 11 disputed that petitioner owns a fifteen foot right of way in fee from her it l premises to the south side of Elmira Road, a distance of about 65 feet, i. jj for ingress and egress of vehicles and other instruments of trans- ;, i portation to the premises m" Nor is it disputed that the sale of I trailers and mobile homes is a permissible use of the premises under !I the Ithaca Zoning Ordinance. In July 1970 petitioner gave permission to Lucente Holdings, Inc. to use a portion of the premises in conjunction I !I with a business relating to trailer sales conducted in the name of �i Empire Mobile Homes Sales. Petitioner also gave Lucente Holdings, 'i Inc. permission to use the right of way between her premises at I I 326 Spencer Road and Elmira Road. In July 1970 petitioner's tenant, by its President, Rocco Lucente, I' applied for a sign permit to erect a business or advertising sign on the I �I fifteen foot right of way near Elmira Road. The application was denied on the ground that the Ithaca City Zoning Ordinance requires a minimum I of 40 feet frontage along Elmira Road. Petitioner then appealed, or 'i I applied to the City of Ithaca Board of Zoning Appeals in October 1970 and again in March 1971 for an exception to the Zoning Ordinance. This Ii I 1 proceeding is brought with regard to the hearing and decision in I I i j 3. I� I! I j j April 1971 on the March application. The appeal or application was I made for an interpretation of the Zoning Ordinance or Zoning Map" and "an exception to the Zoning Ordinance. " The reason for the appeal, as stated in the appeal dated March 16, 1971, was: "The northwest corner of 'the subject pre- mises are located approximately 65 feet from Elmira Road. Appellant owns a 15-foot right of way (shown as a shaded area crossing the premises at 217 Elmira Road on a map attached hereto as Exhibit A and made a part hereof). Appellant desires to use said right of way for access to and from the subject premises. The purpose for the appeal is to seek an interpreta- tion of the Zoning Ordinance declaring Section 7, column 8 of the Zoning Ordinance does not apply to the subject premises. Alternatively, if the Board determines that Section 7, column 8 j does apply to the subject premises, this appeal should be treated as a request for exception to Section 7, column 8 of the Zoning Ordinance. if I'I, Section 7, Column 8, of the Zoning Ordinance provides: "Minimum lot size; 'width in feet': Lots hereafter used for a permitted use in each 'use district shall have frontage on a public right-of-way equal to or greater than the width specified in this column, subject to the further regulations of column 7 of this section 7 m " Column 8 specifies a minimum lot size, "width in feet at streetli.ne", of 40 feet. A hearing was held by the Board of Zoning Appeals on April 5, 19711 !i at which evidence was taken, and, as shown in the transcript of the ji proceedings, and a letter addressed to petitioner, dated April 6, 1971, i I 4. I I I ii "the application for the exception [was] denied for the following reasons: i "1) Applicant has not shown ownership or i' possession of a valid permanent easement for the required 40 foot frontage; II II I "2) Applicant has not sufficiently demonstrated that there were grounds for granting an I! exception and has not shown that he has made sufficient effort to exhaust the I possibilities available to him to remedy the situation and that the amount of front- age the appellant does hold in easement (15 ft. ) is not nearly adequate to allow an exception. " i Petitioner alleges, inter alia, that "the denial of the request for I�I an exception by the Ithaca Board of Zoning Appeals must be reversed it for the following reasons: I' I; a. It is contrary to law. !I ii �I b, There is no substantial evidence to support the denial. c. There are no findings of fact upon which !, the denial can be based. I! I d. The denial is arbitrary and capricious. " Similar allegations are asserted as to the denial of the request for an interpretation by the Board. i� An issue specified in question four of section 7803 of the CPLR having been raised, should the proceeding, pursuant to CPLR 7804, subd. (g), be transferred for disposition to the Appellate Division, Third 'i Department? Respondents' counsel in a memorandum of law urges: III "If the petitioner takes the position, as he seems to do herein, that the ' i i • I ` I 5. I findings are not supported by substantial evidence, then of course, the case should be transferred to the Appellate Division in accordance with Section 7804 (g) of the Civil Practice Law and Rules. " However, the j General City Law (582, subd. [1], par. [c] ) provides that "the court at i Ii special term shall itself dispose of the cause on the merits, determining I' ji all questions which may be presented for determination under the pro- visions of section seventy-eight hundred three of said article (seventy- eight of the civil practice law and rules]. " As noted in Matter of First I� ii National Bank v. Sheehan (57 Misc 2d 311, 314; affd. 30 A D 2d 912 [6] ): "It is, therefore, evident that this court has subject matter jurisdiction .I over all questions raised in an article 78 proceeding brought to review I the decision of a Zoning Board of Appeals. " The Board's finding that "applicant has not shown ownership or 'I possession of a valid permanent easement for the required 40 foot I frontage" is hardly subject to dispute. Indeed, petitioner urges that it "is no finding at all. " Petitioner does not own a 40 foot frontage on I �I Elmira Road, nor does she assert that she does own more than a 15 foot right of way to Elmira Road, and that is the underlying reason she seeks an exception to the Zoning Ordinance. The Board further found, however that "applicant has not sufficiently demonstrated that there were grounds for granting an exception and has not shown that he has made sufficient effort to exhaust the possibilities available to him to remedy the situation The burden of showing a need for an exception ought, L� i _ 6. i of course, to be on him who seeks it. Upon the pleadings and papers I� before the court, including the transcripts of the testimony given at the hearings before the Board, it may not be concluded;that the action of the Ithaca Board of Zoning Appeals was contrary to law, not supported I I by substantial evidence, not based upon acceptable findings of fact ji and was arbitrary and capricious" as asserted by petitioner. The denial i ii of the application by the Board, under the circumstances demonstrated here, was not arbitrary nor capricious, nor did it constitute an abuse Ij of discretion. �I Whether petitioner is a person aggrieved by the decision in 11 question is, in the circumstances, academic. The court concludes, i I j however, that petitioner, the owner of the premises, is a person ! jaggrieved by the decision of the Board, (General City Law, §82. ) i� ij The relief sought by petitioner should be denied and the petition it dismissed, without prejudice to a renewal of the application to the Board '! I it of Zoning Appeals, if petitioner be so advised, affording petitioner an opportunity to present to the Board such evidence, including evidence � i relating to her contentions in this proceeding, as may be material and i I appropriate. i Judgment, without costs, may be entered accordingly. Ij Dated, August 17, 1971. i; iI A T4ME OF THE SUP M C I u it