HomeMy WebLinkAboutMN-BZA-1971-12-06 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK
DECEMBER 6, 1971
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PRESENT: RALPH P. BALDINI, Chariman
ANTHONY PETITTI
GEORGE HARPER
FRANK ALO
HARRY BORTZ
JAMES ROGAN
EDISON JONES, Building Commissioner & Secretary
THE CHAIR: Calls meeting to order, all members present, in the
matter of Cases Nos. 962, 9639 964 and 965.
MR. JONES: The first case is No. 962, the Appeal of Iry Lewis,
Inc. of 120 East State Street, for a variance to operate
a small electric appliance repair shop at 303 West
Lincoln Street, in an R-3 district.
STUART LEWIS: I am Stuart Lewis of Iry Lewis, Incorporated, and I
am here this evening to apply for a variance for the
area known as 303 West Lincoln Street, City of Ithaca.
In the month of September we were denied this request
on the grounds of the use to which we were to put the
building. It was considered too commercial, in the
�.. view of some of the neighbors, and now we feel we have to
find a tenant for this building in the best interest of
the use of the building and the type of neighborhood.
We are asking for an electrical repair shop, run by the
handicapped, operated by a Mr. Norton. We feel at this
stage of the property that this building would be given
a use that would actually be more or less of a non-
commercial use, than the original building was intended
for. This was originally intended for a woodworking
shop with saws operating, and with consequent noise.
This building will now have a minimal number of workers,
making a smaller type of electrical units. Mr. Norton
will speak with you and answer any questions.
WILLIAM C. NORTON:
My name is William C. Norton, 131 Burleigh Drive.
MR. BORTZ: How many do you intend to employ?
MR. NORTON: We will start with two, and there will be not more
than five.
Q. What are the hours of work?
A. 10:00 A.M. to 6:00 P.M., we would like to plan on,
and 8:00 A.M. to 12:00 Noon on Saturday.
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MR. BORTZ: Just for handicapped people?
MR. NORTON: No. The idea we have is to use handicapped people
wherever possible. We have been in touch with people
here at the Unemployment office and also in Challenge
Indistries, and none of them are employable in the
regular market. We would just repair, sell our services
is all we contemplate.
MR. ALO: How much parking do you have?
MR. NORTON: There is plenty there and not much traffic on Lincoln
Street, except for the people going to the Cayuga Electric.
Q. Are you going to have enough parking for the people
using your service?
A. I would think there is no question about that.
Q. How about signs?
A. Just a flat sign on the face of the building, si*i.lar
to Cayuga Electric, the same general idea.
MR. HARPER: Do you anticipate any night work?
MR. NORTON: No, there would be no need for it. We expect to stay
open until six o'clock to give the people a chknee to
get in and out, say, after work. And I will add any,
noise factor would be very low; there would be nothing
to make noise.
THE CHAIR: What is the definition of a "small appliance"?
MR. NORTON: Any portable electrical device that can be brought into
the shop to be repaired. It could be a motor - of
course there is a motor shop on the Elmira Road, though
we do not anticipate needing that sort of employee.
i
Q. Would there be any kind of grinding?
A. Just to sharpen drills and- tools.
Q. Do you have any idea of the sign size?
A. No, we haven't looked into it.
MR. JONES: Five square feet is permitted.
MR. NORTON: Then we would have to ask for a variance.
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MR. ROGAN: What would the shop's name be?
MR. NORTON: The Electrical Repair Shop, Incorporated.
THE CHAIR: Is there any one here who wishes to speak in behalf
of this appeal?
None.
Is there any one who wishes to speak in opposition
to this appeal?
None.
STUART LEWIS: You asked for no extraneous information, but in the
original denial it was told to me that I had failed
to present sufficient evidence for granting the
variance. Is it necessary for me to speak to that
point now?
THE CHAIR: No. Let me ask you this: Are you going to put some
shrubbery in the front?
MR. LEWIS: I haven't made any plans, but I am sure it will better
the property mown there.
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BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK
DECEMBER 69 1971
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THE CHAIR: The next ease is No. 963, the Appeal of West Seneca
Corporation at 602 West Seneca Street, for an exoep-
tion to sign size regulations in a B-4 zone.
Who is appearing?
ALEX DAVIDSON: Icy name is Alex Davidson, 602 West Seneca Street, for
the appeal. The nature of the appeal is to allow a
second sign, 4 feet by 6 feet, at the corner property
where Seneca meets Meadow Street. Our main reason for
wanting the additional sign is that this is a corner
piece of property and we feel it essential for business
to have some small sign for exposure along Meadow Street.
We feel this would be compatible with the general small
signs that are along the street, in view of the fact
there is a new ordinance that has not been approved but
I understand this will provide for a corner sign. This
will be one side, 4 feet by 6 feet, 24 square feet on
each side. As it stands now, we do not know if we want
it attached to the building or detached to a pole at the
corner. We do not know yet if we can get power to the
sign. We do feel it would be a hardship to the business
if they did not have some exposure along Meadow Street.
MR. ROGAN: What is the other sign?
MR. DAVIDSON: A 50 square foot sign mounted flat to the face of the
building along West Seneca Street. This will be on
approximately between 6:00 and 10:00 P.M. depending on
sun time, and run by a timing device. We will be open
until 9:00 but the sign wouldnIt be illuminated past
ten. It will be on an automatic timer system. This
will be on on Saturday until six o'olook. There will
be no arrows or anything like that, just a soft fluores-
cent lighting.
THE CHAIR: Is there any one who wishes to speak in favor of this
appeal?
None.
Is there any one who wishes to speak in opposition to
this appeal?
None.
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BOARD OF UNING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NSW YORK
DECEMBER 6, 1971
THE CHAIR: The next case is No. 9649 the Appeal of John C. Lowery,
129 North View Road, for an exception to zoning regula-
tion under Section 7, Column 7912913914 and 16, in an
R-2 district, at 110 Hawthorne Place.
Who is appearing?
HERDERT WARDEN: I am Herbert Warren and this is John Lowery with me.
Proceeding to the point of the appeal I am giving the
members of the Board a copy of the letter sent to the
residents nearby, together with a plot plan and an
architect's drawing showing the property as it is
envisioned after the modification.
Apperllant's Exhibits 1 and 2 marked for identification
I will also pass out a set of five pictures showing the
property. We request permission to construct on the
existing foundation on this property an apartment dwelling
house for four families. The property as it stands is an
�., outstanding eyesore to the neighborhood. It has as an
existing use a garage, or as presently used, a warehouse,
which uses are not attractive for the neighborhood. The
proposed use is permitted under R-2s and this is zone 4
which permits multiple dwellings. The exceptions re-
quested would require no modifications which are not
already on the property. The foundation was constructed
before the present Zoning Ordinances and violates the
Zoning Ordinance, but legitimately, because they were
there before. I think the proposal would enhance the
tax rolls; approximate annual taxes are $100. The struc-
ture would not create any future problem in that a flat
view structure is planned. A peaked roof could be built
but that would not obstruct the view. A single dwelling
is not feasible for this property economically. We feel
nothing can be done with this property except the use
planned. I think the architeot's conception shows that
this would be a vast improvement. I do not have any
question as to the power of the Board to grant this.
This was created to put land to its best use, to increase
property values, to protect against inharmonious mix.
tures of land use. I think the proposed structure is in
harmony with all the purposes. So no use is requested,
but an exception to permit an enlargement of an existing
"grandfather clause". In a real sense this would be
beneficial to the neighbors and would be an attractive
alternative to what is there now.
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MR. ALO: Do you have any further plans to show us?
MR. WARREN: No, that is merely an architeot's conception. We dare
not invest in detailed plans unless we were sure we
could get an exception.
MR. ALO: I can not figure out how you are going to put two
small efficiency apartments downstair-s and two one
bedroom apartments upstairs.
MR. LOWERY: I might say as to the efficiency apartments downstairs,
the present construction is approximately 50 feet by
20 feet; in two of the segments you would have approxi-
mately 500 square feet. I know on Coddngton Road there
are small efficiency apartments. On the second floor
we can actually get enough room that the apartments
upstairs should be 600 or '700 square feet. I have not
gotten into the actual details of the size of the apart-
ments. We wish to find if this entire thing is feasible
from the standpoint of the Zoning Board. The efficiency
apartments would be for one person and the upstairs
apartments should be large enough for two people. There
is room to have one bedroom. The kitchen units would
be built in, the cabinetry built in. Vq business actually
is in the construction field and I have taken a rough
floor plan and feel it will work.
MR. ALO: There is a parking problem in the area. Will you have
enough room in this area to park cars for these apartments?
MR. LOWERY: Yes, on the back of the plot plan, picture 3, there is
presently a black-topped area approximately 40 by 50 feet
and it would be my thought that area doesn't necessarily
have to be extended, but that by angling four cars in
there, there would be sufficient room.
THE CHAIR: What about this other 30 foot area?
MR. LOWERY: I would think that would be shrubbery. There are some
trees there now and I would think shrubbery and grass to
' dress that area up.
THE CHAIR: Is the upstairs to hang out over?
MR. LOWERY: By oantilevering with joists the upper level will over-
hang the lower. It would be oantilevered in the front
and the back, more to the rear than in the front.
THE CHAIR: Is there any one who wishes to speak in behalf of this
appeal?
None.
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THE CHAIR: Is there a one who wishes to speak peak in opposition
to this appeal?
DAVID GERSH: I am David Gersh and I appear this evening on behalf of
Doctor and Mrs. George Visnyei, and some fifty-nine resi-
dents in this vicinity. I understand that this Board is
currently sensitive to the wishes of the neighbors and I
suggest to you that the neighbors are strongly opposed,
quite to the contrary of what has been suggested thus far.
I hand you now a petition signed by some 59 residents of
Pearsall Place, Hudson Street and Hawthorne Place, with
heading as follows:
"We, the undersigned residents of the Hawthorne, Pearsall,
Hudson and Crescent Place area of Ithaca's 3rd District
of the 6th Ward do oppose the granting of a variance in
in the case #964 for an exception to zoning regulation
under Section ?, Column 7912913,14 and 16 in an R-2
District at 110 Hawthorne Place, Ithaca, New York."
and their names, addresses and date of signature follow.
Respondent's Exhibit A marked for identification, con-
sisting of three sheets, with 59 signatures.
Exhibit attached hereto and made a part hereof.
MR. GFRSH: I suggest to you that this reflects their sentiments,
and they strongly oppose the suggestion of this evening
r and the appeal, and this is based largely on the fact that
a very over-extensive development is planned for than the
lot will permit. The Board can consider making an exoep-
tion and I suggest a proper exception would be within
209000 square feet, with the general area 15,000 or 18,000
feet. I suggest that the deviation here is too drastic
and extensive. This is a corner lot and on a corner lot
the law requires that both street frontages comply with
the front yard requirements of the Zoning Ordinance, and
25 feet is required here. One of the proposed front yards
measures only 2 feet. I suggest this is so drastic, so
excessive as to require a denial of this request. Rear
yard requirements should be 25% of the depth. Here you
will see one rear yard is to be only one foot.
The petition I have submitted has been signed by such
people in that community as Donald Culligan, Richard
(Councilman) Boronkay, and the pity Attorney, Fred
Weinstein, who are present this evening. It is also
signed by Mr. Bellisario, who, himself, was turned down
by this Board for an apartment addition, denied due to
limitations of lot size and space. I think that ultimately
MR. GERSH: (continuing):
it is the neighbors who will have to live with this
proposed project and they have signed this petition
for these reasons: Traffic congestion in the area,
particularly on Sunday, thus adding a heavy density.
The property has been referred to as an eyesore. I
submit it is so only because of a self-created hardship
by the present owner, not Mr. Lowery. These some sixty
citizens of Ithaca have enjoyed a quiet residential
community. My client, Doctor Visnyei, has lived there
since 1948, and has enjoyed the quiet peaceful. neigh-
borhood.
MR. ROGAN: To Mr. Lowery: You have 20 by 51 feet. Is this the
top floor or basement?
THE CHAIR: This is the existing building.
MR. WARREN: I would only suggest that the problem of the present
eyesore in a sense is self-inflicted, but economics are
the moving force today, and as this is set up, it is not
economical to do anything else with it. This warehouse
is not in harmony with the neighborhood.
�-' MR. ALO: I do not buy that. They could at least out the grass.
THE CHAIR: I do not buy that either. I think every citizen should
out his grass and keep a property up.
MR. WARREN: I could not agree more.
MR. LOWERY: In getting my letter to the neighborhood I was unable to
submit the rendering by the architect, but did mention
that this particular building would be an architecturally
well designed building that would add to the neighborhood.
I grant that the size of the lot does not meet the
requirements and am asking for that, but I am not here
to ask to build a shabby building. My intention was to
' build a very fine building there.
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THE CHAIR: The next case is No. 965, the Appeal of Anton J.
Aufheimer for a special permit under Section 7, Column
4, for a sign larger than 50 square feet at 367 Mxdra
Road in a 3-4 district.
Who is appearing?
MRS. PATRICIA AUFHEIMER: 600 Warren Road, Apartment 11•F, Ithaca.
I am appearing for my husband and I guess I will just
have to ask for a continuation. He had a drawing made
up for what he proposes, but other than that, I do not
know what he wanted.
THE CHAIR: Usually in a case like this the Appellant makes his
presentation and we ask questions.
You may put it off if you wish.
MRS. AUFHMIMER: Thunk you. That is what we will do.
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BOARD OF ZONING, APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK
DECEMBER 69 1971
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THE CHAIR: We have now a case carried over from last month. We
all appeared, but the Appellant did not show.
This is Case No. 9599 the Appeal of By-Way Holding
Corporation for an exception to Section 7, Column 4
of the Zoning Ordinance, special permit for sign, at
100 Commercial Street' in an I-1 District.
Who is appearing tonight?
MR. ALO: I think it is very unfair for this to be brought up
at this time. None of us brought our material. We
were here before; they did not show up, and I feel it
is not proper at this time to bring up this case.
I move that we bring this up at our nwct meeting.
MR. HARPER: Second.
THE CHAIR: Mr. Alo has proposed that this not be heard at this
meeting because we appeared last month and no one was
here and none of us have the information, and W. Alo
suggests that it be heard at the next meeting.
MR. ALO: I did not bring a thing. I did not know it was coming
up. I feel we took time out to come down last month.
We were all here, and now all of a sudden it comes up.
THE CHAIR: The reason why it was brought up is, I guess, that it
is proper that it be on this week's agenda. I was
under the impression it had to be re-advertised, but
Mr. Jones says this is not so.
MR. JONES: I was not here last week. I have just one copy here.
I could mimeograph copies of the recommendation of the
Planning Board,
DR, BALDINI: I feel I would like to speak out of the chair for a
moment, and say that the Board should have been notified
that it was on the docket for tonight. We have nothing
but the Building Commissioner's copy.
THE CHAIR: Now, speaking as your Chairman, the motion has been made
to postpone the matter and not to hear it tonight. What
is your vote, gentlemen?
Ave - 3 Nay - 2
THE CHAIR: Motion to deny hearing tonight carried.
�.. GEORGE HAIN: Viae President and General Manager of Century.
Our lease with the By-Way Holding Corporation specifies
that they will pursue our request for sign. I did not
feel it necessary to come to Ithaca for the meeting,
although I was aware of it. I an afraid Dave Cutting
just mistook the date involved. I did not come myself
and I think Dave Cutting overlooked the fact that he
should be here last meeting.
EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, DNC. 69 1971
CASE N0. 962:
MR, ROGAN: Move to grant the application for variance.
MR. HARPER: Second,
FINDINGS OF FACT:
1) The owner has diligently tried to find a tenant for
the building where the use would be harmonious to
the original intent of the building;
2) There will be no objectionable fumes or odors out-
side of the building, and no noise, and no objection
was voiced by the neighbors;
3) The hours of operation of this business will be from
10:00 A.M. to 6:00 P.M. daily and from 8:00 A.M. to
s 12:00 Noon on Saturday, no nights nor Sundays*.
The granting of this variance is dependent upon the
owner planting and maintaining shrubbery in the front
of the building.
VOTE: Yes - 6 No - 0
EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACAy DEC. 61, 1971
CASE NO. 963:
MR. HARPER: Move to hold this Appeal in abeyance for more
Information as to exact location and type of sign.
MR. .BORTZ: Second.
VOTE: Yes - 0 No - d
WMCUTIVE SESSIONt BOARD OF ZONING APPEALS, CITY OF ITHACA, DEC. 6, 1971
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CASE NO. 964:
MR. HARPER: Move to deny the application for exception.
MR. BORTZ: Second.
FINDINGS OF FACT s
1) That the lot size is far too undersized for
this type of development;
2) That there are too many objections from the
people in the neighborhood;
3) That the request for the exception would not fulfill
the front and rear yard requirements on a corner lot
transition;
4) That there was no design submitted with the
application.
VOTE: Yes - 6 No - 0
CERT IFICAT ION
I, LILLIAN M. OWN, Notary Public, State of
New York, DO HEREBY CERTIFY that as such Notary Public, I took
the minutes of the Board of Zoning Appeals, pity of Ithaca, City
Hall,, Ithaca, New York, on December 6th, 19719 in the matters of
the Appeals Numbers 962, 9639 9649 965 and 959: that I have trans-
oribed the same and the foregoing is a true copy of such trans-
oript, to the best of my ability, and the whole thereof.
Lillian M. Keown
Notary Publio, State of New York
No. 55-7239950
Qualified in Tompkins County
Vq Commission Expires Mar. 30, 1972