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Home My WebLink AboutMN-BZA-1971-10-04 I 1 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK I' DATE OF MEETING: October 4, 1971 ..............---•---••----•----•-----..... --••----•-••----....-....•.... PRESENT: RALPH P. BALDINI, Chairman ANTHONY PET ITT I FRANK ALO GEORGE HARPER JAMES ROGAN EDISON JONES, Building Commissioner & Secretary Nome Chairman opens meeting, listing members present and cases to be heard. MR. JONES: The first case is No. 956, the Appeal of Robert 14. Baker and Natalie P. Baker, of 615 Cayuga Height Road, Ithaca, New York, asking for a variance i under Section 7, Column 2, of the Zoning Ordinan e. THE CHAIR: Who is appearing? Robert I. Williamson. Have you seen the recommendation of the Planning Boari? MR. WILLIAMSON: No, I have not. (Scans Recommendation) My name is Robert Williamson and I am appearing \.. for the appellants in this matter, and they are the aaners at premises at 408 North Tioga Street City of Ithaca. As is stated in the appeal, we I are here asking for a variance under Section 7, Column 2, of the District Regulations Chart. At present the Zoning Ordinance authorizes the premises for a medical facility, and earlier, Doctor Baker and his wife, who acquired the property at ' 408 North Tioga Street, applied and received a building permit to work in this building and con- vert it into a medical and dental complex. Sind that time, the Doctor and his wiife have modified their plans. They would like now to be able to �I I -2- w I MR. WILLIAMSON: put professional offices in this building, as well as dental and medical facilities. It is now occupied partially on the first floor and they wish to convert the remainder of the first floor to real estate and law offices. Appellants* Exhibits 1 through 16 marked for Identification The building previously housed apartments and in making a study, the Doctor found it not feasible to continue it in that use. That is why he went to the professional building status, and he is here tonight asking that he may put other offices i in this building. I think you will see a tremen- dous difference in the outer appearance of this i building, and am sure you would find the interior extremely attractive and in keeping with the other I buildings in the immediate vicinity. As you no doubt know, one block down is a doctor*s office a d across the street real estate and dental offices. In that block is the Temple Beth-E1, and the whole block is a very attractive office building district. Let me say that with the Building Inspector's kn - ledge, we did have the entire building repainted and redecorated in the interior. We feel now that it is in fine conformance with the neighborhood and is not only a credit to the neighborhood but something that is useful and will be beneficial to the area The Doctor is here with me this evening and if an of you wish to ask questions, we would both be pleased to help answer. --------------------- -- — ---- ;i i' I� W3- MR. ROGAN: Do you rent parking spaces there? DR. BAKER: Yes.. Q. How many are you going to leave per tenant? A. There are as many as you need. We have plenty of parking. Q. But your spaces are all rented? A. No, not all of them, just the ones we did not need at present, but we have plenty of parking for any one who goes in the building. i MR. HARPER: For the whole building? A. Plenty. There are 67 in the whole area. There are of course some outside renters. MR. ALO: How many different offices? A. I think four; ,at any rate, another on the first floor and one or two on the second floor. I MR. WILLIAMSON: No living units. MR. E"ER: Was everybody notified? ! MR. WILLIAMSON: Yes, Mr. Jones has had the affidavit. i I DR. BAKER: I might just say that we had to correct five (j pages of electrical violations when we started. MR. AIA: Do you have any commitments as yet? DR. BAKER: No leases yet. It will be professional offices of some kind, architects, lawyers, or so forth. MR. WILLIAMSON: The dentists are under lease. THE CHAIR: Is there any one who wishes to speak in behalf o this appeal? None. Is there any one who wibhes to speak in oppositi n? None. I� i i e I� -4- THE CHAIR: Our next case tonight is No. 957, the Appeal of Charles and Mary Keirns, of 302 East Lincoln Street, for an exception to the Zoning Ordinane for property at 302 East Lincoln Street, an R-3 I district, under Section 7, Column 7, of the Ordinance. Who is appearing? CHARLES F. KEIRNS 302 East Lincoln St. Mr. Chairman and members of the Board, we started in with an apartment, to build an apartment in the upper part of our house, a five-room apartment, complete with bath, kitchen, two bedrooms, and living room. We immediately applied for a permit to do this work and he said I would have to come before your Board on a variance because this was sold to me as a single unit housing. So I am (� here to appeal for a variance which was in effect before we bought the property. MR. JONES: His lot is not large enough to support a two- family dwelling according to our regulations. THE CHAIR: How long have you owned the house? A. Four years. THE CHAIR: It says you already have a two-car garage on the lot. I presume you are going to provide for off- street parking for whomever rents the apartment. A. Yes, that is right, to keep the car off the st eet. MR. ROGAN: Are there two bedrooms? A. Yes. Q. Are you planning to rent to students? fA. No, we would like an adult couple. We have five rooms and this apartment will be five rooms. I THE CHAIR: Will there be any exterior changes? i i I -5- I I �) MR. KEIRNS: It had a single car garage and a year ago we applied for a permit to build a two-car garage. We are not making any outside changes if that is what you mean. MR. ROGAN: what is the size of the lot? A. 39 by 97, I think, as it was sold to me. THE CHAIR: Is there any one who wishes to speak in behalf of this appeal? 4./ None. if Is there any one who wishes to speak against this i appeal? None. t i 06- THE CHAIR: Our next case is Appeal No. 958, by Iry Lewis, Inc. of 120 East State Street, Ithaca, New York, for a variance for property located at 303 West Lincoln Street, City of Ithaca, under Section 7, Column 2, of the Zoning Ardinance. Who is appearing? STUART LEWIS: Of Iry Lewis, Incorporated. Gentlemen, we are here � this evening to request a variance at property at 303 West Lincoln Street, presently zoned under R-3. We feel a hardship on our part to use the premises for anything other than commercial uses. I would like to submit this picture. Appel►ant's Exhibit 1, marked for identification I would like to explain a brief history of that particular area and why we feel a hardship. That particular area, at one time as I remember as a youngster, was that, on the corner was Rocker's Rug Cleaning, and then you sort of went over into Johnson's sl..We Boat Yard. This was before Route 13 went in and there has been more or less of a change since then. John i - son's building was sold to Cayuga Electric. The psr titular building we have in question was built by Loveless & Zeizig, a shop-type building used by these gentlemen for wood working and what-have-you. We bought the building from George Loveless - and the building has been used by only one occupant - BOCES. They approached us and asked to lease it and then they requested an extension when they ran into a little difficulty in building the school. Now they have moved out and that is our problem. It was a cinder block building; we painted it and cleaned it Up and .7. MR. LEWIS: now that the building is vacant, we have to lease the premises and find a proper tenant for it. Inasm ch as it is near Route 13, it will not be difficult to lease it. There are many types of people who would like to lease it: a night club, a place like the Haunt, the Salty Dog, and so forth, but this way there would be a lot of night activity • also a bil- liard parlor, inside golf, bakeries, retail car, fur. niture, and a retail type garage. When one thinks o a garage they think of a haphazard affair, and the reason I have chosen the tenant is that I know them on a friendly basis and I was very adamant in drawing up this lease and I tried to put importance on the issues of the neighbors. We wanted the right type of tenant. As a result the building lay dormant for more than a year, as I could not find this type of I tenant. Probably I could have discussed this with the neighbors, namely, Mr. Longo. I had a series of discussions with this gentleman. I realize that these people can not pay the rent we ask for the pro - erty, and they can not afford to pay a proper price or it. This area necessitates high rent, and we can no get this from these people. This is one of our hard ships. I drew up this agreement with these gentleme and came to the Planning Board and discussed it with the secretary. This was not denied to me, and we ha these men move in, and now they are in there and run ning a business. If this variance is denied, these men have spent a considerable amount of money in mov ng into the building, and if this variance is denied, I might be liable to some damage. It does cause a secon- dary hardship. I think these fellows would be fine; I a -8- MR. LEWIS: they have a small quiet shop, they specialize in small cars, foreign cars. I feel there would be no trafficstimulation added to the neighborhood. If their daily calls dame to ten cars a day, there would be only that amount of traffic added to the traffic in the neighborhood. I doubt if they turn over more than five. They close at five o9clock an are gone, and there is no weekend activity. After hearing about the objection that might be coming, I spoke to Mr. Longo, that we were concerned about whow we put in the building and he told me he was "lucky as he might have to move out of town and did not want his property affected". I told him I woul take this into consideration in leasing the premise! . The building is there and is maintained in a neat orderly condition. I also showed him my lease and this was drawn on August 31st. The tenant will kee� I the outside in a neat manner, provide for elimination of noise, waste, and so forth, and will deposit a security deposit amount to be refunded, provided al �I the conditions are met. DAVID OWENS: R.F.D. No. 4, Cortland. As Mr. Lewis has stated, h was quite explicit about what did go in the neighbo - hood. We didn't want junk cars outside, nor parkin alongside the property. Rather than have traffic o the street, especially dt the time of day kids get out of school, or are playing, we figured at this point It was better to have,'the cars parked off the stree between the buildings. It is a clean neat operation as far as removal of waste, garbage or trash is con- cerned; it is not allowed to accumulate but is taken care of on a regular basis. Please understand that i -9- MR. OWENS; if any one on the Board or otherwise wants to come in and view what is set up in there, they may do so Mr. Longo knows the neighbors and the neighbors kn what kind of person he is. When the neighbors are home on weekends, that place will be completely qui t next door, with no hollering nor banging going on. MR. LEWIS: That is about it. We actually feel this way, I haNe told these men, assuming that the Board passes on this variance, there might be certain conditions to impose and that if bhe neighbors at any time feel things are not right or do not look right, we will not object in the least. The building is there and has to be used for commercial purposes. It has a garage door on it and I do not know what else I could use the building for. I MR. ALO: When did you purchase this building? MR. LEWIS: Three and a half years ago. As far as I can under) stand, the same zone requirements were in effect th4n u as today. MR. ALO: Did you look at the regulations then at the time you bought the building? What was your purpose in mind In the first place? I MR. LEWIS: The reason I purchased the building is that the building was there. As it stood there it was unpainted, but it was a commercial building and I felt it would co - tinue as a commercial building, and I felt that whe the time came, I would request a variance as I did this evening. The nieghborhood has changed rapidly there is a huge highway now close by. i � -10- MR. ALO: The highway is quite a distance. MR. LEWIS: I knew there would have to be a variance and I felt there would have to be a compromise. The thing is: Can the building be used for anything else? THE CHAIR: When the building was allowed to be put up, they came before the Board of Zoning Appeals, and a variance does not go on for perpetuity. When a person goes ut of business the property reverts back to an R-3 zone. You said Rockers were there. That was probably be- fore this zoning ordinance went into effect. I am just telling you this for information. Mr. Alo did not say you can not ask fcr a variance, but he aske •were you aware this was a non-conforming use in this area'. MR. AIA: Many people come to this Board. You purchase some- 1 thing; you realize that it does not conform to the area; then you come to this Board and ask us to tak you off the hook for something where some one has made a mistake - then you ask us to help you out. You knew this was not conforming when you purchased this building. M. LEWIS: I realize that you have to go before tNe Board to get a variance. I think the operation of a building is only as good as the operator. I am not asking the Board to let me off the hook. The building was con structed, and it was there. It was unpainted, stucco blc block and stood vacant for the past year, but I have maintained it and kept it neat. I am just asking the Board for a variance in order to keep the proper tyloe of people in the neighborhood. MR. HARPER: You knew when you bought it that it would need a variance? MR. LEWIS: Yes. THE CHAIR: Is there any one now who wishes to speak in Opposition? MARGARET LONGO: 301 West Lincoln Street. I am glad that Mr. Lewis took pictures of his property and you can see how close I am. When I bought the house the building wasn't there and they bought it with the understanding that it be referred to a board as to what went in t re. As to car horns, there are car horns. I heard them last week and lots of racing motors and pounding. u My husband is under the doctor's care and if this noise continued he will not be able to get his sleep. JUDSON LEONARD: 310 Dey Street. Mr. Chairman, Members of the Board, I aim here to contest Mr. Lewis's appeal on my own behalf. Right now I am talking about buying a home right close. I work on a job for the City of Ithaca half days and half nights. I need my sleep and have to get it when I can, even if in the day time. I have heard them pounding. Mr. Lewis stated that the property was kept up and this is not so. I went over to mow his lawn so it would look decent in that areal. He said there would be no cars parked around. When they first moved in, there were cars parked on the grass, also cars parked between there and the Cayuga Electric. ANTHONY SPANO: 414 Utica Street. My constituents asked me to come up to oppose this variance. In talking to Mr. Lewis he mentioned the fact he taad already obtained the signatures on a lease. My question is: Should a ma go ahead first with a lease, promise the people ever;. thing is in order and then leell them they have to as for a variance first' THE CHAIR: They should know they will have to have a variance. -12- li MR. LEWIS: Before I had the signatures on the lease, I went to the Planning Board and told them - or told her what I was doing, and asked if there was any objection on the part of the Planning Board. 1 THE CHAIR: As Chairman of this Board, I have no authority on my own at all. The entire action of the Board is neces- sary. We do not have that power individually. So if you went to a secretary of a board, the secretary does not have that power either. If you went to Mr. Jones' secretary and asked for this variance, she could not, and he could not, grant it to you. The action of the Board is what counts. I have no authority on this Board at ail as an individual, but it is the action of the entire board in session that makes it binding. i MR. LEWIS: I have a legal lease with these gentlemen. I did this verbally. I should think that secretary should be well trained enough to say she could not answer the question. But she gave me a positive and I wen ahead and let these gentlemen move their equipment in there. THE CHAIR: We have had this problem before. We have been told that we have to have a very valid reason for granticj9 a variance. People are becoming very sensitive about their rights and we have to be very careful about the rules and regulations of the Zoning Ordinance as stated. We get into trouble if some one who has no right to grant permission does it. MR. LEWIS: I was still in the wrong that I got this verbally? THE CHAIR: The problem is that you were misinformed. I believ that Mr. Jones went down and said you were to cease -------_-- — and dahiat. -13- THE CHAIR: Is there any one else who wishes to speak in opposi tion to this appeal? None. MR. LEWIS: I would like to explain that we have kept the pro- perty up. Young Michael Burns on Day Street has been mowing the lawn and we have paid him and have receipts for this at the store. That lawn was cut every week. Appellant's Exhibit 2, marked for identification, being letter sent to Jcmeph and Margaret Longo, 301 West Lincoln Street, Ithaca, New York, concerning Board of Zoning Appeals meeting of October 4, 1971, on the back thereof appearing the following: i I, JOSEPH F. LONGO$ am having this petition made upl so that a garage may not go in the building on 303 West Lincoln Street. Signed by: i Gerlinde Leonard 310 Dey Street Ronald Amici 313 Day Street Hilda T. Head 307 Dey Street Shirley STone 208 Franklin Street Robert Case 308 Dey Street Francis J. Kramer 312 Dey Street This exhibit made a part hereof. 6 Exhibits marked, being pictures of premises at 303 West Lincoln Street, Ithaca, New York i I I EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA OCTOBER 4th, 1971 ••••w•••www•wwww••w•••w••w•••••••w••••••••ww•••w•wwr•www•ww•ww•www•w•w CASE NO. 956: MR. PETITTI: Move that the application for a variance be granted MR. ALO: Second. FINDINGS OF FACT: 1) That adequate parking will be furnished for tenants and/or clientsi 2) Rehabilitation of property brings it to one hundred percent (100%) improvement in neigh- borhood; 3) That the use would be of character compatible with the neighborhood. VOTE: YES - 5 NO • 0 i I EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA OCTOBER 4th, 1971 ••w.rrr••••.•www••••w•wwww•wwrw•••ww•rwwrrww•w•r•••wr••••w••wr•w••www• j CASE NO. 957: MR. HARPER: Move that the application for an exception be granted. !� MR. ROGAN: Second. FINDINGS OF FACT: 1) That there are no exterior structural changes to alter the character of the neighborhood; 2) That off-street parking is furnished; 3) That no one appeared in opposition. VOTE: YES 5 NO 0 i I i I i I i - I EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA OCTOBER 4th, 1971 •i i ii i•i iii i i i i�•••ii i i�ilii••iii i i i i•i i.i ii i moi••i i i i iii i i•i i i••••ii•• CASE NO. 958: MR. HARPER: Move that application for variance be denied. MR. PETITTI: Second. i FINDINGS OF FACT: 1) That proposed use would not be of the best Interest to the neighborhood; 2) That the appellant failed to present sufficient evidence for granting the variance; 3) That appellant failed to show that this buildin could be used only for business use; 4) That appellant did not present enough evidence I to show that construction and area is best suited for garage use. VOTE: YES i 4 NO 1 i I I i i� i i I EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA SEPTEMBER 7th, 1971 CASE NO. 951: Appeal of HI-Ft Gasoline Stations, Inc., by Mr. Louis Schuette for an exception for a sign in an I-1 Zone at 366 Elmira Road, under Section 7, Column 4, 12,13 of Zoning Ordinance Moved and seconded at that meeting that the matter be tabled until Weston's case is cleared by the Courts. Passed unanimously. ---------------------------------------------------------------------- li EXECUPIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA j OCTOBER 4th, 1971 CASE NO. 951: MR. ALO: Nov move to remove within matter from the table. DR. BALDINI: Second. VOTE: YES - 5 NO - 0 MR. HARPER: Move to deny the application for exception to sign size. MR. ROGAN: Second. E FINDINGS OF FACT: 1) That the request necessitates the legal limit that this Board can grant, by 230 square feet; 2) Application does not meet the setback require- ments for an I-1 Zone. VOTE: YES - 4 NO - 1 I! '1 i I i CERTIF ICAT ION i I, LILLIAN M. KEOWN, Notary Public, State of New York, DO CERTIFY that as such Notary Public I took the minutes of the Board of Zoning Appeals, City of Ithaca, at City Hall, Ithaca, New York, on October 4th, 1971; that I have transcribed the same and that L the foregoing is a true copy of such transcript, to the best of my i ability, and the whole thereof. i I Lillian M. Keown Notary Public, State of New York No. 55.7239950 1 Qualified in Tompkins County My Commission Expires Mar. 30,1972 i !I E ii