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HomeMy WebLinkAboutMN-BZA-1972-01-04 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK JANUARY 49 1972 At a Regular Meeting of the Board of Zoning Appeals, City of Ithaca, held at Council Chambers, City Hall, Ithaca, New York, on January 4th, 1972 PRESENT: EDISON JONES, Building Commissioner and Secretary ANTHONY PETITTI C. MURRAY VAN MARTER HARRY BORTZ GEORGE HARPER GEORGE KASPRZAK COMMISSIONER JONES: All members of the Board who are going to be here are here, with the exoeption of James Rogan, who is reported to be ill. Inasmuch as we do not have a Chairman here I will act as Temporary Chairman. MR. KASPRZAK: Move that Mr. Van Marter be appointed Chairman. MR. VAN MARTER: I nominate Anthony Petitti. COMMISSIONER JONES: Is this a secret ballot or a showing of hands? According to the rules, I will pass the ballots out. MR. VAN MARTER: Let's elect a Temporary Chairman. MR, KASPRZAK: I will withdraw my motion. j MR. VAN MARTER: Move that Anthony Petitti act as Acting Chairman. I so move. Motion unanimously passed. CHAIRMAN ANTHONY PETITTI opens meeting, listing names of members present and reading from the rules the preamble for opening regular meeting. MR. JONES= The first case is No. 959, the Appeal of ByWay Molding Corporation, a Request for an exception to Section 7, Column 49, of the Zoning Ordinance at 100 Commercial Street, in an I-1 district. Who is appearing? R. DAVIS CUTTING: I am Dave Cutting, 10 The Byway, Forest Home, President of ByWay Holding Corporation, which is the developer of the new Centruy Store at 100 Commercial Street, requesting an exception to Section 79 Column 7 of the Zoning Ordinance, a special permit for sign. I might point out that our first appeal to this Board was made on June 17th and at that time Mr. Weinstein ruled that each side of a sign would count as total footage, with 166 square feet on each side of the sign. In September a sign was okayed with one side. Appellant's Exhibit A marked for identification, being depiction of proposed sign , This is the location of the Century Store behind the Pizza Hut. The City out in this new street, known as Commercial Street and this is the first along this street. We own 4j acres out there. We went to the Planning Board in August and they okayed a sign to the west of the Century building, which was impossible; it was not visible from the_ road. We now propose to put the sign at this corner of the building, this southeast corner of the building. After the meeting in August I brought . in Mr. George Hain, who is General Manager of Century, to Ithaca, and he met with Mr. Jonathan Meigs, the City Planner, and it was agreed at that time to go back to the Planning Board to ask that the southeast corner be okayed„ and this was okayed by the Planning Board on September 29th. All the • neighbors have been notified on the two previous meetings and we have come back now and our neighbors have again been notified. The Century is a very fine organization. Mr. Thomas Overbaugh will speak to their size, how long here, and so forth. I do feel that this lack of sign is more than the usual hardship case. Y THOMAS OVERBAUGH: 1469 Trumansburg Road. The only thing I can tell you is that it has been rough for people to find our store out there. People constantly call on the phone to ask how to get there. We have many such calls. A lot of people have commented when they come ins "When are you going to get a sign?". The day time isn't too bad, but at night it's pretty rough with little lighting out there to see the building. We have thirty stores and every store we have opened has remained open and been sucoessfuls and we have had many comments from customers asking how to find us. MR. WPRZAK: Would they be able to find you if you had got a sign among the many signs there already? A. It would be a good identification. It is temporarily illuminated by means of an extension cord. We had an electric company put it up just temporary. It is nothing permanent and even that oan't be seen too well. MR. HARPER: Is it going to be on the building? A. You would have to ask Mr. Cutting. MR. CUTTING: ,It shows on the exhibit. MR. PETITTI: What was wrong with the sign we okayed before? MR. CUTTING: That would take us back to the July meetings I thinks and on the west side of the building there was no visibility. It was probably 150' to 160 feet to the west side of the Elmira Road. This would put the sign right behind the building and it has to come out to the southeast corner 12 feet in front of the save line of the building. It is a raised sign. What has been okayed by the Planning Hoard is the sign which is actually 20 feet in length and it is the sign used in all your locations isn't it, Mr. Overbaugh? MR. OVERBAUGH: Yes. MR. CUTTING: It is on three poles, 168 square feet on each side. MR. HARPER: The illumination is for how long? MR. OVERBAUGH: From dusk to fifteen minutes after closing time, this time of year, 9:15 P.M. - around Christmas, 10:15 P.M. ACTING CHAIRMAN: Is there arVbody who wishes to speak in favor of this? None. Is there anybody opposed? None. MR. VAN MARTER: Are these men aware that it takes four affirmative votes to pass? ACTING CHAIRMAN: I think I omitted that. MR. CUTTING: I dislike delaying it any more. ACTING CHAIRMAN informs those present that with only five members of the Board of Zoning Appeals present and voting, that it will require four affir- mative votes to carry request in application. EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, JAN. 49 1972 -NNNN--N-M--------N N---N N--------N--------N---N-NN�MM-- CASE 259: MR. BORTZ: Move to grant this special permit. MR. PETITTI: Second. FINDINGS OF FACT: 1) That 168 square feet is within that allowed byn_the Zoning Crdinanoe; 2) That the height is less than 70% of the maximum permitted according to the regulations; 3) That there have been no neighborhood complaints; 4) That the distance from the road can in no way be termed a traffic hazard. u VOTE: Yes - 5 No - 0 MR. JONES: The next case is Number 963, the Appeal of West Seneca Corporation, a request ofexception to Section 79 Column 4, of the Zoning Ordinance at 602 West Seneca Street in a B-4 district. Who is here? DOROTHY GRENINGER: 131 Durling Place, Watkins Glen, manager of the One Hour Martinizing Store at 602 West Seneca Street. Mr. James Davidson spoke to you but be can not be here tonight. As I understand it, the reason the request was tabled the last time was that the Board was not certain how the sign would be attached to the building. The sign will be 4 by 6 feet the long way, being sidewise. We would like to have a sign on the Meadow Street side of the store. The present sign is very visible coming north on Meadow Street but from the other direction you are not aware of it, and, we would like to be visible from that direction. The sign will be four by six, longer aoross than it is deep. As I understand, it has to be 9 feet 6 inches from the ground because it will project over the sidewalk. The building is 14 feet, 4 inches high, so it would be possible not to have the sign project over the roof and still not be over this height. The building is at the corner and the sign would be attached at the southeast corner of the building and it would project. We would like to have the sign at the southmost of the side on Meadow Street, before the diagonal portion. We would like to have the approval because for dry cleaning this is the busy season. MR. KASPRLAK: Are you taking the other sign off? A. We would rather not. Q. What would be the total footage? A. I guess this would be 24 feet. MR. JONES: The total of the two signs will be 98 square feet. MR. KASPRZAK: What is permitted? MR. JONES: 50 square feet. MR. HARPER: When will it be illuminated? A. It will be on a clock. I believe that the one we have now is set to go off at midnightf but it can be changed. Q. Will it be flashing? A. Not that I am aware of. ACTING CHAIRMAN: Your hours will be what? A. 7:30 A.M. to 6:00 P.M. MR. HARPER: A flashing light? A. I think it is a constant or steady light. MR. KASPRZAK: I believe it has moving parts. I drove past today. A. I am sure the one I am talking about has no moving parts. ACTING CHAIRMAN: Is there anybody in favor? None. Anybody in opposition? None. ,%Moo, ' EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA9 JAN. 49 1972 ------- ---- --- ------NSM------N--N-N- CASE 10. 263: MR. HARPER: Move that the request for special permit be granted. . MR. PETITTI: Second. FINDINGS OF FACT: 1) That it is within the limitations allowed by the Ordinance; 2) That there have been no neighborhood complaints; 3) That there will be no objections to traffic flow. u VOTE: Yes - 2 No - 3 EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, JAN. 49 1972 -N---M-N---N---N-N-------N------- --NNM-N--N--NN-NNM-N CASE N_0 963: MR, B9RTZ: Move that this request for permit be granted on the basis that the sign on the south side of the building facing Seneca Street be removed and the other one erected. MR. KASPRZAKt Second. FINDINGS OF FACT: 1) That the location of a new sign as proposed is ,adequate in direction, and advertisement, and is visible to all traffic approaching the location; 2) That it leaves room for additional tenants; 3) That the sign size as proposed is within the maximum permitted in a B-4 district. VOTE: Yes - 3 No - 2 MR. JONES: The next case is Number 965, the Appeal of Mr. A. J. Aufheimer, a Request for exception to Sec- tion 7, Column 4 of the Zoning Ordinance at 367 Elmira Road, in a B-4 district. Who is here? A.J. AUFREIMER: My name is Joseph Aufheimer, 600 Warren Road, requesting a special permit to change the sign at Carley's Chicken House to present a whole new • concept. I hope to have the building open for breakfast and therefore I want the public to be aware of the new business. The sign that I want to alter is now 50 square feet on one side. I want to make it 107 feet on one side. I have a rough sketch of the sign that I want to put up, which I think the' Commissioner has over there. MR. BORTZ: This sign is illuminated? A. Yes, - extinguished after closing. Q. How far from the highway? A. About 35 feet from the highway. Q. It is in the middle of your parking lot now? A. That is correct. MR. VAN MARTERt How far from the street right of way? A. I would estimate 35 or 37 feet. MR. JONES: You don't want to change the location? A. That is right. I just want to alter it. MR. KASPRZAK: You have 50 feet? • A. Yes. Q. So you are asking to increase it by 57 feet? A. That is correct. MR. HARPER: A non-flashing sign? A. That is right. 3 MR. VAN MARTER: What about the previous appeal? For the property there has been an appeal previously? MB. JONES: I can not shed any light on that. I think your memory is better than mine. MR. BORTZ: Do you, know what your previous appeal was? MR. AUFHEIKEt: I was not the owner at the time. It was a different owner. ACTING CHAIRMAN: Any one in favor? None. Any one opposed? None. EXECUTIVE SESSIONS 130ARD OF ZONING APPEALS, CITY OF ITHACA, JAN. 49 1972 !!!!!!!!A!lYIrYN M!!M!Y M M!M!!MYlIYNr!!!-!NYlNY NY!!!l/M.YUI-YID!! CASE NO, 965: MR. HARPER: Move that the request for special peradt be granted. MR. PETITTI: Second. FINDINGS OF FACT: 1) That there have been no objections from neighbors; 2) That it is within the allowable square footage permitted by the Ordinance; 3) That the Planning Board has recommended that this be approved. VOTE: Yes - 4 No - 1 L MR. JONES: The next case is Number 966, the Appeal of The Electric Repair Shop, Incorporated, a request for exception to Section 79 Column 4, of the Zoning Regulations at 303 West Lincoln Street in an R-1 district. Who is appearing? WIUTAM C. NORTON: 131 Burleigh Drive. I guess all we are asking for is a flat sign on the face of the building. I understand that the Planning Board has approved it for the property if we keep the same type of sign as Cayuga Electric next door, and that is what we intend to do without exceeding the size of their sign. MR. JONES: I would say between 20 and 30 square feet. They say 35 square feet here. MR. NORTON: We do not need much of a sign. We will not light the sign as such, exoept that I will light the front of the building because we will put a side- walk in and we would need to light that in the front, but we will not leave the lights on after 6:00 P.M. This will be of just the plastic colored letters so that people can see them from Route 13. MR. KASPRZAK: Are you the tenant or owner of the building? MR. NORTON: Tenant. Q. There will be no specific lighting. A. No, just lighted in the front of the building, no lighted letters. It will be the same type of thing Cayuga Pleotric has, if you are familiar with that. ACTING CHAIRMAN: Is there any one in favor? None. Any one in opposition? None. EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, JAN. 49 1972 -----N----�� ----------N-Y--�-----�--NNS-��N-NMNI.N-NN-N�N- C„SS o. 966: MR. HARPER: Move to grant the special permit. MR. PETITTI: Second. FINDINGS OF FACT: 1) That the sign does not exoeed in size that of its adjacent neighbor, recognizing that this improvement is a non-oonformi.ng use; 2) That the sign will not bother the nbighbors; 3) That there have been no neighborhood complaints. VOTE: Yes - 5 No - 0 MR. JONES: The next ease is Number 967, the Appeal of Rho Mac Services, a Request for a variance to section 79 Column 2, of the Zoning Regulations at 210 Center Street in an R-3 district. Who is here to speak? JOHN MoKEIIJU I am John MoKella, but the official name is RhoMao, Incorporated, and we are actually in the ohemioal business and we handle maintenance chemicals and also equipment. We feel a variance would be a good thing because we fit in quite well with the charao- ter of Center Street. As far as the way we operate, and what was there before, originally this was the • Towner Eleotrio, near the Harbeok Paper Company and also a facility owned by Mr. Towner. Mr. Ralph Marvin is the owner of the premises and it is owned under the auspices of Ralph Marvin Associates, 212 Center Center Street. We feel it would cause an undue hardship because we have spent considerable time seeking the space in the City; we feel we would offer a viable service in the City and other. wise could not serve customers downtown as well as we do now. We have had an opportunity to talk to our neighbors and have received favorable responses �.. from those we have talked to, and I feel we fit in well. This has been a commercial location for almost 70 years. Not having it would cause Mr. Marvin and ourselves hardship because it would affect our business and the character of the street. It would deteriorate and might give rise to van- dalism in the neighborhood. MR. BORTZ: Are they flammable chemicals? A. No, we do not own flammable agents nor acids nor teohnioal chemicals. Those are all handled in Waverly, New Icrk, and never come to our shop. We are strictly for maintenance, any kind of chemical that is non-volatile. We are strictly wholesale sellers and these are products you would use in your own home. Most of our business is done through our salesmen, the three of them, and we have only two trucks going in and out, and we send a small vehicle to Wellsboro for our supplies. As to parking, we have space for three small vehicles at the side of the building, as well as parking behind it. So we would not tie the street up. Our hours are 8:00 A.M. to 5:30 P.M. Monday through Fridan and 9:00 to 1:00 on Saturday, with no deliveries on Saturdays either in or out. L MR. VAN MARTER: What are you going to use for a sign? A. That request is probably for one of the next meetings. There is* a flat sign on the front of the building and a small sign on the side. We would like to simply replace the front sign, which is the same as has existed for about fifteen years. It is conservative and it will be of raised plastic letters of the same size, provided we receive approval for that. If you could include it in this meeting we would appreciate it. It is 15 inches deep and only about 10 feet long. • MR. HARPER: Are there any chemicals going down the drain? A. No, we have only floor scrubbers. The only thing we would use in cleaning them is known as a safety solvent, phosphate-free, and doesn't burn. We use it over and over again and do not put it dawn the drain, and when we are through with it, we take it to Waverly and dispose of it. We do not dump it here. We use it in very small quantities. ACTING CHAIRMAN: Are there any questions from the Board? �. Or any in favor of this? RALPH MARVIN: I am Ralph Marvin. I had a letter which was presented to you late and I also brought along three pictures. I could go through the letter with you and I think you have a copy. (Letter made a part hereof) As the owner of the property, my purpose was to maintain the status quo of the area. I think you have now seen the picture which I passed around, which shows the Towner sign. This one shows the building as it was in approximately 1915, at that time operated by Burns Brothers for horse-drawn carriages. The other facility was a paper business. Approximately four years ago we obtained a variance and put steel siding on the building and the im- provement to the area was such that we got rid of a nuisance, the pigeons who had homed in this ware- house, and seveMl neighbors have said they now feel it'worthwhile painting- and repairing their own homes. I purchased the building and it has been leased to a tenant who most closely approximates the last operation. The primary business is done outside that location, which is comparable to what Towner Electric did, did their work at customer locations, and that is what I would like to see continued. No one to speak in opposition to appeal. EXECUTIVE SESSICK9 BOARD OF ZONING APPEALS, CITY OF ITHACA9 JAN. 4, 1972 -.._..��.----------------- -.._......_,.........--__..�-_M_....__..,�..,........._ _ CASE. 110. 267: MR. HARPER: Move that the request for variance be granted. MR. PETITTI: Second. FINDINGS OF FACT:.,, 1) That there is no neighborhood objection; 2) That it is a non-oonforming use; 3) That it has been shown that the property is not suitable for a permitted use; 4) That it is an improvement to the neighborhood; 5) That the granting of the variance is necessary for the reasonable use of the land and building. VOTE: Yes - 4 No - 1 CERTIFICATION I, LILLIAN M. MUN, 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, on January 4th, 1972, at City Hall, Ithaca, New York; that I have transcribed the same and the y foregoing is a true copy of such transcript, to the best of my ability, and the whole thereof. Lillian M. Keown Notary Public, State of New York ... No. 55-7239950 Qualified in Tompkins County My Commission Expires Mar. 30, 1972