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HomeMy WebLinkAboutMN-BZA-1971-12-06 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK DECEMBER 6, 1971 --N-M----M-N--M-------------------------1+--A---��r 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. -2- 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. -3- 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. 1 -4- BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK DECEMBER 69 1971 N----N-----M-NN------N-N--N-N NM-----N NNN NNNNNN-- 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. -5- 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. -6- 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. -7- 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. -9- 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. -10- BOARD OF ZONING, APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK DECEMBER 69 1971 1-M-----N---�M-11�--�--NMM��-�MM-yI----- /--A1F----- 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 ----��Ar�-rNIM-ARM-Mr��--►N-M�I'NwN��Y�IFrIMM-�� 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