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BOARD OF ZONING APPEAL99 CITY OF ITHACA, CITY HALL, ITHWA, NEW YORK
SEPTEMBER 59 1972
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PRESENT:
JAMES ROGAN, Chairman
GEORGE HARPER
i GREGORY KASPRZAK
C. MURRAY VAN MARTER
EDISON JONES, Building Commissioner & Secretary
THE CHAIR Opens meeting, informing appellants that if they choose
to return at a subsequent meeting, inasmuch as the
granting of an appeal requires four affirmative votes
and only four Board members being present and voting,
that appellants have privilege to return. Appellants
elect to proceed.
Building Commissioner Jones lists numbers of cases to
be heard, namely, No. 986 and No. 987
THE CHAIR: The first case tonight is the Appeal of M. W. Guidi
Construction, Incorporated, for exception under Sectio
7, Column 7, at 604 Taylor Plaes in an R-1 zone.
Who is appearing?
MARIO GUIDI: I am Mario Guidi from the Guidi Construction Company,
i but actually I am representing Mr. Raoul Sudre, who is
out of the country. I think he is in Yknich and I
hope he is okay. I might have to be led by you, the
members of the Hoard here, as to exactly what you need
for this. We did apply for a permit to build, to put
in an apartment in the basement, a level residmoe at
604 Taylor Place. I just came back to town myself
after two weeks away, but as I understand, the building
permit was applied for and refused because of insuffici-
ent lot size. Now, at the request of Mr. Sudre, we
have prepared cost estimates, some preliminary sketches
for the apartment, which will occupy about fifty percent
of the basement level of the house. Other than that
I do not know what you need. I thought 10,000 feet
were the requirements.
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MR. KASPRZAK: Could you tell us theratio of the footage rather than
just fifty percent?
MR. GUIDI: Maybe I oan get that for you real quick. My chief
estimator had to attend a fire commissioners' meeting
tonight. No --- I will need to look up some thing
before I mm tell you the exact size.
MR. KASPRZAK: Will you describe the proposed layout of the apartment
MR. GUIDI: It's going to be a studio apartment. Part of the
plumbing is in there. We want to add a built-in top,
I� ceilings, and very minimal partitioning The living
I quarters will be divided so that you will have a
separate bathroom, and the living and bedroom areas
will be taken care of in the same roan area. I think
it is supposed to be a one-bedroom unit,
MR. HARPER: The square footage of the house an it now - do you knot ?
MR. GUIDI: Well, maybe I can look this up for you in a few minutes.
MR. KASPRZAK: How about parking?
MR. GUIDI: The garage is already located in the other fifty per-
cent of the basement area,
MR. KASPRZAK: A two-oar garage?
A, Yes,
Q, How many cars are going to be using it?
A. I do not know - I assume one for the upstairs and
another for the downstairs unit. There is space for
two cars now.
MR. HARPER: I think we need more information.
MR. GUIDI: What do you need as concerns the square footage?
MR. HARPER: Closeness to the property lines and so forth.
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MR. JONES: The house is only three years old.
MR. VAN MARTER: Are you familiar with the relative size of the lots in
{ that area?
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MR. GUIDI: Further up on Westwood Knolls but not immediately next
to this house. When we applied for building permit
we were rejected because the lot size was not large
enough for another apartment in the house. Wasn't
that sho n on the application?
MR. JONES: Yes, the lot is large enough for a one-family zoning
unit, and when the man came in for another apartmaht
I advised him that the lot was not large erwnb with-
out going for an exception to the Board of Zoning
Appeals.
MR, KASPRZAK: Do I understand that the plumbing is already in?
. MR JONSS: Yes but what was intended for a one-family house
, amity .
MR. GUIDI: No, I did not mean when I mentioned plumbing, to imply
it was already in for another apartment.
MR. HARPER: Are there any other apartments in any of the other
houses?
MR. GUIDI: I do not know.
THE CHAIR: The Hoard wants the square footage for the apartment
and the basement.
MR. GUIDI: As alone as I can come it is about 300 square feet
for the apartment in the basement area, plus or minus.
That is a two-story house there and the garage itself
is at least 500 square feet.
THE CHAIR: (Looking at plan): This plan shows 48 feet by 26 feet
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MR. JONES: 12,048 square feet upstairs.
THE CHAIR: Then you have 240000 square feet.
MR. GUIDI: Then the basement is 129048 square feet. We are ialadmg
about an apartment between 500 and 600 square feet is
probably more accurate. As I understand it the lot is
about 59000 square feet too small.
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i MR, VAN MARTER: (Looking at plan): This is the plot plan of Westwood 'AnoUs
Subdivision, approved by the Planning Board in November,
1969. It gives the areas of lots individually. I can
see no other lot that has an area as small as this witbin
the whole subdivision, in the order of about 4,000 square
feet smaller than the other lots.
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1AR, GUIDI: We built two homes on Westwood Knoll and both of these
homes were quite large.
A
C MR, VAN MARTER: The average might be slightly higher than that and the
lot might be of unique quality, but it is not unique
in the area of practical difficulties and special con-
ditions.
Do you want to look at your application form and see i
you want to add anything to that, Mario?
MR, GUIDI: Item 1, which is what we are saying, is that you can
not buy adjoining properties, as far as I know. As yalt
have mentioned already, the difficulties and condition
are unique to this piece of property and not to the
adjoining properties. This is the crux of the whole
thing. Here is a lot situated on the corner. Ido no
know whether Mr. Sudre las tried to purchase any ad-
joining lot or not, but according to our notes, eviden ly
it can not be had. I think you could say this lot is
unique, with no way to make it larger. I assume that
Mr. Sudre purchased this as an investment property, -
let's say for a two-fasdly property.
THE CHAIR: He does not live in this house?
MR. GUIDI: No,
THR CHAIR: Is there any one who wishes to speak in favor of this
application?
None.
Is there any one who wishes to speak in opposition to
this application?
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WALTER SWALA: VY name is Walter walk, 555 North Taylor Place. We
have quite a group of people here. I think they are
all in accord with opposing the application, for a
number of reasons.
First, one requirement is the lot size, and the other
is road frontage. I think this is 100 feet road
frontage - am I correct?
MR. JONES: Yes, this shows a little more than the 100 feet.
MR. EWALD: I see five lots in that section that do not conform
to the sone requirement for an added dwelling. If
you make an exception here, who is to prevent other
people to apply?
Second, we do not feel there is a hardship here. We
like him but he does not intend to live there. It
was pure speculation, and is right on the corner, witk
i a steep incline and in winter if anybody parks in frort
of that house, while it has a driveway, but with two
families there, somebody is bound to park on the street.
I almost hit a guy last winter there. If they park
there, anybody coming down Hector street has just no
way of stopping.
i If there is an exoeption made on less than 159000
square feet, what is to prevent somebody there now,
f with 150000 square feet and the required road frontage
from applying for another apartment. They would now
be entitled to one other apartment, and an applicatio
f could mean three apartments. We feel not even a hard
ship is applicable in this case.
THE GHAIRs You can not have three units.
MR. EWALD: Yes, but this particular lot is not supposed to have
any more units.
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JOHN WOOSTER: 255 Westwood Knoll.
When we built our house about a year ago, we purchased
5 feet extra land so we could put an apartment in the
basement under the existing rules. Well, if you have
ever had to deal with a person who owns a house and
knows you are going to argue over five feet, you know
j what we went through, and therefore, since I did it,
I feel we like the zoning as it was and complying wit
the rules and I did not come and ask for an exception.
Therefore, I think it should be denied.
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VINCENT HAANNAN: 508 Campbell Avenue.
I appear also in protest. I also bought in this
location to take advantage of the R-1 zone. Sinoe •
I moved there only about five years ago, I have seen
Hector Street rapidly change to student apartments
faster and faster, and it is now right at the corner
where formerly it was a protected sone. Mr. Sudre
has lived there and knows the situation. He bought
it for speculation and bought it to turn it into an
apartment house. I think he has not sham hardship,
as well as not conforming with the zoning requirements
which we expect the pity to uphold.
HENRY MURPHY: 505 Campbell Avenue.
I own the property right next door to this house and
in the question of attempting to purchase additional
land to extend the property, I probably would be the
logical one to approach. I have not been. There is
land between my house And the Sudre property. As I
understand it, there are 109000 square feet in this
property. this lot, and as the law reads 159000 square
feet as a requirement to have an apartment in the
house, this seems to me to be an exceptional request
to make►, asking for a permit to build an apartment in
a zone R-1, when the lot is 59000 square feet short
of the requirement. I could see it if it were a few
hundred feet because of the shape of the lot, but when
(, it is 59000 square feet short, this seems an excep.
tional request and I want to reiterate the grounds of
objections of tb previous speakers and go on the recorl
as opposed to this exception.
�a.
MARY MURPHY: Also 505 Campbell Avenue.
I would like to point out that while you are being
asked for permission for a little apartment, and in
fact we have a family house that fits the zoning
`requirement, granting this exception would permit
this to become a commercial building of two apartments
Already the flowers are going to rack and ruin and it
looks now like a rental property. We experienced this
very thing in Indiana - one exception in a residential
area and within five years hada laundromat, a gas
station, a motel and an apartment building as a buffer,
I am not in favor of granting an exception.
In addition, the following neighbors went on record as being opposed:
Joyce Wilson, 216 Westwood boll
Mrs. Lloyd Hull, Westwood Knoll
Marilyn Wallaoe, 515 Campbell Avenue
W. F. Alder, 542 Taylor Plaoe, and Wife
Lillian Wooster; 255 Westwood Knoll
Stuart Wilson
Alice Swald
Mary Hannan, also speaking for her son, who is a
property owner in the neighborhood
Mrs. Banek
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EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, ITHACA, N. Y.
APPEAL NO. 986 September g, 1972.
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MR, HARPER: Mve that the application for exception be denied.
MR. KASPRZAN: Second.
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FRIDINGS OFFACCT:
1) There were strenuous neighborhood objections;
2) The requirements to show practical difficulties
and special conditions was not met;
3) The difficulties of the application containing
the additional duelling unit relate to the lot
sise, as contained in the approved subdivision
plan, rather than to the home itself.
VOTE: Yes - 4 No - 0
Application denied.
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BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK
SEPTEMBER 5, 1972 APPEAL NO, 987
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j PRESENT:
JAMES ROGAN, Chairman
GEORGE HARPER
GREGORY KASPRZAK
C. MURRAY VAN MARTER
EDISON JONES, Building Commissioner & Secretary
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THE CHAIR: The second case tonight is No. 9879
the Appeal of
John D. Bodine for an exception under Section 7,
Column 79 at 909 North Tioga Street, in an R»3 sone.
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I believe Mr. Bodine is here to speak.
Appellant's Erldbit 1 marked for identification
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JOHN BODINE: My name is John Bodine and my home is located at
909 North Tioga Street. My family consists of mfr
wife and myself and two children. Our home is at
the corner of King and Tioga Streets. We purchased
this home two and a half years ago and found that
I the foundation was deteriorating, and it became so
bad this year that it started to pall off. We hired
a building contractor to Jack up the house, remove
the old foundation and replace the foundation. This
has necessitated a great deal of plumbing and heating
work, changing sewer lines, fixing approaches outside
to make up for the increased height.
I have applied for an exoeption to the Ordinance to
r put a small efficiency apartment in the basement.
This will in no way detract from the house and will
increase the value of our home. And it will not
detract from the residential nature of the neighborho d.
We have a two-oar garage with additional parking for
two cars off the street. It would not interfere with
sidewalk traffic.
MR. BODINE: The sine of the apartment would be approximately 350
square feet. I have a lay-out of the basement here
for you to look at, which has been marked as an
exhibit. We have sent the required letters and I have
a list of the property owners within 200 feet of our
lot as provided for. There are at least eight homes with
` apartments in them within one block of our hose on
Tioga Street, and in fact tha two houses next to us have
apartments in them.
MR. HARPER: Is that going to face east or west?
A. It will face north as King Street is to the north,
and the windows will be on the ffing Street side.
MR. KASPRZAK: With the entrance from the east?
A. Right. That is the existing entrance to the home.
There is a sidewalk there now.
MR. HARPER: It is about fifty percent of lot size?
A. It will be more because it will include the entrance
way.
MR. JONES: That is not a factor in an R-3 zone.
MR. VAN MARTER: Has there always been just one living unit there?
A. Yes.
MR, KASPRZAK: How high is the floor of the main house area, the
ground level?
A. I an not sure but we have jacked it up to about 20
inches, but when we put the foundation in we will be
dropping it about 5 feet.
Q. You will have light?
A. Oh, yes, theoe is plenty there now. The sills will be
about 4 inches above ground level. I think the height
will be about 40 inches.
THE CHAIR: Thank you. There soma to be no one here either to
= speak in favor or against this appeal.
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USCUTIVE SESSIONO BOARD OF UNING APPEALS9 CITY OF ITHACA9 ITHACA9 N. Y.
APPEAL NO. 987 September 5, 1972.
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t MR. KASPRZAK: Move to grant the application for exception to the
Zoning Ordinance,
MR. HARPER: second.
FINDINLS OF ,FACT:
1) There is adequate off-street parking for the
additional unit;
2) There is no change in percentage of lot coverage
nor in dimensions of the building;
3) A two-family residence is permitted in an R-3
some;
4) The intent of the 'Zoning Ordinance is not affected.
VOTE: Yes 4 No - C
Application granted.
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CERTIFICATION
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I I, LILLIAN M. KEOWN, Notary Public, State of New
York* DO CERTIFY that as such Notary Publio, I took the minutes of the
Hoard of Zoning Appeals, City of Ithaca, in the matters of Appeal No. 986
and Appeal No. 987, on September 5, 1972 at City Hall! City of Ithaca,
New York; that I have transcribed the same and the foregoing is a true
i copy of the transcript of the minutes of the meeting and executive session
i of the Board of Zoning Appeals, City of Ithaca, on the above date, and the
whole thereof.
Lillian M. Keown
Notary Public, State of New York
No. 55-7239950
Qualified in Tompkins County
M4 Commission Expires Mar. 309 1974
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