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HomeMy WebLinkAboutMN-BZA-1972-03-06 i i i !! BOARD OF ZONING APPEALS, CITY 0:-,' ITHACA, CrfY Wt Uq ITHACA, NEW YORK MARCH 6th, 1972 ----------w-..-------------------------------- -------------------.-- PRESENT: i! I� JAMES ROGAN, Chairman Gi!.ORGE HARPYR GrRFGG KA 3 PRZA K C. }iM MY VANAARTSR j HARRY 14ORTZ li EDTION JONES, 3ailding Commissioner & Secretary i TIE CHAP. .: Opens meeting, listing members present. COMMISSIaJ;""I JON11713: 'We have two cases listed for tonight's meeting. ! Cage No. 9739 the Appeal of James 3. Zifahock, of 230 !� Linden Avenue, Ithaca, New York, seeking a special per- nit for sign size under Section 7, Column 4, of the District Regulations Chart, for Ithaca A & W Restaurant] ilocated at 323 Elmira Road, Ithaca, Nfrr York, B-4 Zone, Case No. 974, the Appeal of Tompkins County Chamber of I Commerce, 205 West Green 'tree., Ithaca, New York, seeking a variance to the Zoning Ordinance under 3ectio 79 Column 2, of District Regulations Chart, for property located at 122 West Court Street, Ithaca, New York, in an R-3 Zone; property owners, James D. Love and Alice �i Matthews Love. ! I do not see any one here at the moment to speak to Case No. 973, and we will proceed to Case No. 974. it I Is BOARD OF ZONING APPEALS9 CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK MARCH 6th, 1972 APPEAL NO. 974: BY LOUIS K. THALER: I represent the Tompkins County Chamber of Commerce and indirectly, the owners of the property, Mr. and Mrs. Love, as far as this appeal is concerned, the property being located at 122 West Court Street, Ithaca. As the Building Commissioner stated, an application has been made for a variance, so that the Chamber of Commerce can complete the purchase of the pro- j perty. They have made an offer contingent upon { the granting of that variance. The way the Zoning !� Ordinance reads, you may have offices there, but not the Chamber of Commerce offices, so to be f technically correct, we need the variance, and if you wish, you may take the testimony of the owners.i They have been trying to sell this property for i the past three or four years and have been unable do so. It is a large house and a nice house. The Chamber of Commerce has no intention of changing the ap- pearance of the building, so outwardly it would ' remain the way it is. I have gone over this with Mr. and Mrs. Love. They have two apartments for rental, purposes now; one of four rooms and bath upstairs, and one of three rooms and bath down- stairs, and then their own apartment, consisting of seven rooms and hall downstairs and of five rooms, hall and bath upstairs. Due to the size of the house, they have been unable to sell as a home, and this offer is an opportunity for them to sell it. As far as the oommvdty is ooncerned, I think it would be a good thing to have the #umber of Com- meroe go to that location. They do not intend to change the appearance of the building, and this does seem to be the type of building within the spirit of the Ordinance. If you wish to have tes- timonY I would be glad to have them sworn and to ii I; MR, THALER (oontin ):` uii}g hear what they have to say, or I will answer any questions for the ownere, and Mr. Gordon Black, MR, HARPER: Would the Chamber of Commerce use the whole house? • i MR. THALER: rico, they have two tenants now who would cane along with the Chamber of Commeroe. As I understand, the Chamber of Commerce would use the ground floor and I the tenants they have now would be upstairs. THE CHAIR: Do they own their property? MR, THALER: Yes. Q. And they have tenants upstairs? j As Yes. JOT LEVY: The Retail Credit Company, where people come in and; out, Also the Chamber's ourrect quarters now are in a residential area' where we did obtain a variance. I �f MR. THALER: I believe this is a 78,5% lot coverage, with a depth of 140 feet, As far as parking is ooncerned,' there is sufficient fot the Chamber and their tenants, and there would be no problem of offwstres parking„ i MR, HARPERS Is there a parking lot there? MR, THALER: It will be done by the Chamber. THE CHAIR: How many people work for the Chamber of Comwroe? MR, THALER: There wiU be six and four of the tenants, MR. USPR:AK: May I hear from the owners presenting the case? ALICE MATTHMS LOVE, having first been duly sworn, answered as follows: BY MR, THALER: i Q. Your name is Alice Matthews Love? i A. That is right. i{ i I� Q. How old are you? A. Seventy-two. I Q. And how old is your husband, James D. hove? A. Seventy-seven. • Q. For how long have you lived there? A. I have lived there for forty-two years. Q. And your husband? A. Since 1943; at least that is when we were married. Q. You have two tenants there who occupy apartments? A. Yes. Q. Has that been the condition since you have lived there? A. We bought it after my father died and we put the apartments in the wing of the house. We still have the main part of the house and we have two tenants, one upstairs and one down* in the main part of wing. � I Q. Your second floor has five roams, hall and bath? A. Yes, Q. And downstairs seven rooms and hall? A, Yes,, I 1 Q. Have you and your husband been trying to sell this property for they last three pears? A. Yes. Q. What comm4nts have you had from people as to its use as a private j j residence? A. That it is too big for a home. Cne persons a doctor, would have taken it as a home if we would have rented it back from him for three years# and we could not do that because we ars consideringour health and are planning to go to another climate. Most people th it is too large. Some of the doctors feel that the rooms are too large for doctors' offices and that it would require re--buildings and that this would be too costly. Q. Also have you had comments that it would be too expensive for dost s or tenAntc to convert today? A. Yes. Q. Have you tried previously to sell this for such use as is now per.- mitted in that area? A. No. I I� I i w` MR. KASPRZAK: How much area does the building take and how much is vacant? BY MR, THALER: Sow many cars have ,you been able to park in the back MRS. LOVE: Anywhere from ten to fifteen, when are have had parti. s. THE CHAIR: Is there a garage back there? MRS. LOVE: Not any longer. In the back is the full width of the lot. You will have the whole back of the lot, L-shaped, the reverse of the house. IMR. THALER: Is there anything you would like to ask of Mr. Levy ' or Mr. Black? i No answer. Mr. Thaler hands to the Chairman unsolicited letters from neighbors, i namely, from Mary T. Gober, Mary L. Carey, and Anita E. von Schultz, which are made a part hereof. MR. THALER: It was against my advice that a petition was not circulated, and these letters were not solicited, so they are a direct indication of the feeling of neighbors. I might add that a doctor could have hial offices there and would not have to come in for a va ! &noes THE CHAIR: Is there any one here who would like to speak in favor of this application? ARTHUR GOL t: UO West Court Street. There are two houses between the Love house and may property. I would like to speak in favor because I feel the Chamber of Commerce move into that location would be of benefit to all the propert • owners in the area. We are directly across the stye t from the Library property. I might add that I put j five years as Building Commissioner and Zoning Offic r; I was engaged in assisting in the writing of the Ordinance, Over that period of time we handled ap- proximately 175 requests for variances. I wish all, of them had been as easy as this one is. THE CHAIR: Is there any one who wishes to speak against this? None. .i i I{ TRE CHAIR: Reads letter as follows, from Cowdesioner of Planning, Tompkins County Department of Planning: February 2, 1972 • TO: Board of Zoning Appeals, City of Ithaca FROM: Tompkins County Planning Department RE: Zoning Review Pursuant to Section 239.1 and m of the general Municipal Lax CASE: Chamber of Commerce Proposed Office Building, 122 West Court St i This will acknowledge the receipt of the above case for review under Section 239-m. i The proposal, as submitted, will have no significant deleteri impact on interoommunityp county or state interosta, Therefore, no rec mendation is indicated by the County Planning Department and you are fro 'I to act without prejudice. Please submit a copy of your decision so that we can make it a part of the record. Respectfully submitted, Frank R. Eiguori Commissioner of Planning Mich MA. THALER: On the day the Planning Board met, I had occasion to! be in the office of lir. Meigs. Nothing was said to j ' me that the Planning Hoard Would consider this matte so there Was no opportunity given to discuss this wi the Planning Board. I feel that was unreasonable, All they had to say was, "We might deny and we would) like to discuss it". This was not even on their { agenda. I I �E i i ,I !j MCUTIVE SESSIONO BOARD OF ZONING APPEALS, CITY OF ITHACA9, Mar. 601972 APPEAL NO. 9?4: MR, PETITTI: Have tot the gran request for variance. MR. HARPER: Second. Findines of Fact: 1) That no one appeared in opposition to the application for a variance; I I; 2) There was no evidence presented to indicate the hardship was unique and not shared by all prop-f: erties as defined in Seciton C(2) of the application; I� 3) That thears is plenty of off-street parking. VOTE: Yes - 4 No - 2 it it 1 s i I' BOARD OF ZtNIlNG APPEALS, CITY OF 1THACA9 CITY HALL, ITHACA, NEW YORK MARCH 8th, 1972 APPEAL NO. 473: I JAMES S. ZIFCHOCK: Actually what I am trying to do is to put a new sign up, something that looks better t the one there now. It is in a poor location to be seen; those large trees in front of Cutting Motors block that sign almost completely, until you are almost on the property. The survey people from A& strongly recommend the signs be moved. Also we wan this to be a new sign and would like to re-locate t on the south side of the lot, on the south line. MR. HARPER: How far would that be from the road? A. I would say the edge of the sign would be probablyl 30 feet at least from the edge of the road. . MR. VAN MARTER: What distance from the lot line? A. The edge of the sign would be 10 feet and it wouldi be 5 feet from the south lot line, MR. HARPER: (Holding up sketoh)s Is this the new sign.? A. That is the shape of it, and it would not revolve. l MR, KASPRZAK: (Quotes from Ordinanoe): "To replace wcisting si � which is not visible and is causing a business ship". Will you explain the business hardship? We feel there is a loss of business because traffic moves quite fast in front of the sign. They are practically on the lot before they realise they are there, driving from the north towards the south. The sign is fluorescent; it would be switched going off at 11:00 P.M. Q. Do you think you might create some traffic hazard that way, by trying to get the attention of the driver? A. I do not think so. There are plenty of other signs there. ii r ii I I� MR, KASPRZAK: Did I understand you to say it is a double-faced sign? Will you wcplain? • A. the side of the oval is 78.15 square feet. Q, What is the total area of both signs? A. I think 250 square feet is the maximum for both sides. The reader board could be less but there would be no more than 250 square feet, � COMMISSIONER JONES: Are you aware the new Ordinance will limit the height of signs to 21 feet? A, Yes, and I am trying to stay within the limits of the Ordinanoe as it is proposed now. It would be no bigger than the 26 feet 3 inches. THE CHAIR: Reads letter as follows, from Commissioner of PlarmpWo Tompkins County Department of Planning: I February 28* 1972 jTO: Board of Zoning Appeals, City of Ithaca, FROMs Tompkins County Planning Department RE: Zoning Review: Pursuant to Section 239»1 and m of the General Municipal Law I CASE: Sign variance - A&W Restaurant, 323 Ebdra Road I This will acknowledge the receipt of the above erase for review under Section 239-m, The proposal, as submitted, will have no significant deleterious impact on interoommunity, county or state interests. Therefore* no recommendation is indicated by the County Planning Department and you am free to act without prejudice. Please submit a copy of your decision so that we can make it a part of the record. Respectfully submitted, Frank R. I. guoM Commissioner of Planning THE CHAIR: Any one to speak in favor or in opposition? None. it i MOTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, Mar. 6,197 if APPEAL NO, 973: MR. PE'TITTI: Move the applioat on under Z*ning Ordinance for I! Speoial Permit be granted. MR. HARPER: Seocnd. �.. Madizs of FLaot: 1) Preoedent has been set in previous rulings for reader boards; 2) There has been no complaint oonceming this; i 3) It meets all requirements of side yard and set-baok. VOTE: Yea - 6 No .. d I' li l I 1 i II I I i I' i CERTIFICATION I, LILLIAN M. KEOWN, Notary Public, State of Now York, DO CERTIFY that as such Notary Public, I took the minutes of the Hoard of Zoning Appeals, City of Ithaca, on March 61, 1974 at Common Council Chambers, pity Hall., East Green Street, Ithaoa, Now Yorks in Appeals �INos. 973 and 974; that I have transcribed the same and the foregoing is a true copy of such transcript, to the best of my ability, and the Athol thereof. Lillian M. Keown I. Notary Public, State of New York No. 55-7239950 Qualified in Tompkins County My Commission Expires Mar. 30, 1974 I Nu*a Q+ # to 'I" � • � A IE I� I�