HomeMy WebLinkAboutMN-BZA-1972-10-02 i
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BOARD OF ZONING APPEALS, CITY OF ITHACA, ITHACA, NEW YORK, OCTOBER 29 1972
APPEAL NO. 988
PRESENT:
JAMS ROGAN, Chairman
GEORGE HARPER
GREG BASPRZAK
j C. MURRAY VAN MARTER
ANTHONY PETITTI
HARRY BORTZ
EDISCK JCKES, Building Commissioner & Secretary
CHAIRMAN ROGAN opens meeting, listing members present.
CONMISSICKER JONES informs that the only case listed on agenda for this
meeting is No. 9889 the Appeal of John Vass* as agent for Thomas Parkin,
seeking a variance under Section 79 Column 19 of Zoning OrdinAnao:, property
located at 326 East Fall Street in an R-3 sone.
THE CHAIR: Who is appearing in this matter?
JOHN VASSE: I am John Vasse, realtor, appearing in this matter.
Appellant's Exhibits 1,2,3 marked for identification
MR. VASSE: This is in the matter of the property at 326 hast Falls
Street, which was known as Fall View Ski Shop for the
past eleven years and prior to that was a three-apartmeat
house owned by Thomas Parkin. As of this last spring
the ski shop moved to larger quarters, leaving the living
area completely vaoant, with facility for a retail store
on the first floor. The ski shop had.:used the building
in its entirety, the first floor for ski shop retail,
the second for ski cutting, fitting, and so forth, and
the third floor for the storage of dry goods, the basaecen
for monograming and fitting of boots and lettering of
names and so forth on skis. Now the property is vacant
and we are here to request a variance for use. It would
be economically unsound and inconvenient to the present
owner to try to put this building back into complete
g residential use. Therefore, at the moment we are re-
questing this variance so that we may find a retail out-
let for Ithaca House for Baxter Hathaway and his wife,
j the proprietors. They are presently located in a small
{I shop in Forest Home which was formerly The Sundial Tele-
phone Company. This is very inconvenient. They are a
cultural outfit, dealing in art objects, paintings, and
so forth. To some extent the business is I 11 ' Mora
funded by Cornell University and the State of New York.
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MR. VASSE: I am here as realtor representing the owner and I say
I would rather see this continue as a retail store on
the first floor, with a residential area, rather than
packed full of students. Perhaps Baxter Hathaway can
tell you his intended uses of the property and what his
work is.
Here are some pictures that have been marked as exhibits.
Number 1 is the building by itself, with the corner
location. Number 2 shows the neighborhood, with two or
three houses, together with a parking lot across the
street. Number 3 shows adjacent commercial enterprises
in the area.
MR. KASPRZAK: You have stated that to turn it back into residential
would create a hardship. Will you elaborate?
A. Well, there is no bath tub, partitions have been removed
with reinforcing needed to support the second and third
floors - spider beams - and it looks completely commer-
I oial. It would have to be re-partitioned and a new bath
room and kitchen installed.
THE CHAIR: How about the second floor?
A. The kitchen needs work and the whole second floor will
need some refinishing. The third floor area is oom-
pletely self-contained, kitohen, bath room, a three-room
apartment.
MR. HARPER: What is the printing part?
A. This comprises a small hand press in line with the poe
they publish. They have some small soft-bank books
which they do by hand.
MR. KASPRZAK: How about the parking?
A. There is no difference than it was when the ski shop was
there. There would be no more parking if converted. The
only thing I can say is that there was a rush season in
the snow business and then it drifted away. Baxter's
business would be a more or less continuing year-round
involvement.
MR. KASPRZAK: Is there any parking on the side of the building?
A. No, there is little room and you will see that the parking
lot is right across the street.
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MR. VAN MARTER: Can you relate anything that has to do with hardship
for the proPerty for the permitted use?
A, This relates only to the land? Well, it has a limited
functional use. I would say the highest and best use
is what we.-are intending here and I would say the buil
creates the hardship itself.
MR. VAN MARTER: This was done by the present owner?
A. Yes.
�) MR. KASPRZAK: When did he leave?
Ae •# Probably March or April as I have had it vacant all
summer but it does have a functional use and this is the
problem we are having in disposing of it.
MR. VAN MARTER: This prospective purchaser is in the same position as
another case you represented?
A. Right.
MR. VAN MARTER: A new owner has an impossible task to show hardship as
required.
A. He has a hardship in his existing store at Forest Home.
MR, VAN MARTER: Let's go back to this building. ' Can you offer anything
else?
A. Only that the building would be very suitable for the man who
wants to rent it.
MR. VASSE: I will ask Mr. Hathaway to speak to this.
BAXTER HATHAWAY•. Being by nature a professor I can usually talk much, much
{ too much. Consequently if I could direct anything I have
to say to specific questions, it might keep me from being
too garrulous.
MR. VAN MARTER: Ib you have a feeling for how much parking might be
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desirable for your use?
J' A. Yes, our parking problems are not great, not timely.
There are a few times a year when we stage some event,
such as an autographing party for a new book, when we
send out invitations to a sort of social event that might
have as many as fifty cars crowding the nig neighborhood
II in Pbrest Home where we are now. Maybe this is six time
a year. Aside from that the parking problem is not great,
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MR. HATHAWAY: First, let me say that Ithaca house is an all-art project
that we started three years ago. I have been closely
iinvolved in the development of the arts at Cornell and
i Ithaca for 26 years, lir concerns are mainly with litera-
ture and my wife is primarily concerned with the art
gallery. Icy concerns are with a publishing company,
which is one of our functions.
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i (Showing some books of poetry to the Board)
We have developed ourselves in the last three years with
a specialized circle of poetry lovers. We are probably
one of the ten best publishers in the country but the
II fact still remains that this is a rarified aotivl;ty and
although our outlets are all over the country it might
be scattered and is not what you would call a highly
profitable business. We have published twenty books in
the last two years, some printed by ourselves and some
done here in town and we have been exploring the oppor-
tunities of offset printing. What this amounts to in
effect is that Ithaca House, if we move into these new
quarters, insofar as it is the center of a publishing
company, it is not catering primarily to local trade..
It becomes simply the office for a literary activity
that aims at the country at large, and consequently inso-
far as the Ithaca House operation is of a publishing
nature, this does not involve much traffic With much
parking. It is mainly a place where one can have a book
keeper and shipping facilities, a little warehousing, and
it is the basement here that we' are counting on using
for some of these purposes. The main floor we hope to
use as an art gallery and small book store. Again,'as
a book store, our concerns are largely with poetry, with
the connecting --- the terms ars hard to coma by in the
world today --- some people might call it avant garde
or high culture. We count simply on being good, as good
l as anybody in the country. Our efforts are national,
insofar as we do have a book store. We have been listed
in some national magazines recently as one of the best
book stores in the country for those who want to find the
best literature turned out today, particularly in poetry.
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MR. BORTZ: What are your hours?
i A. Our hours have been 11:00 to 5:00 on Monday, Tuesday,
Wednesday, Friday and Saturday, and a brief period on
Sunday afternoons.
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MR. BORTZ: Would you require a sign of any description?
A. I understand that this suns counter to the present zoning
and we would expect consequently, to keep our signs wi
limits.
Q. How many employees do you have?
A. Strictly speaking, none. What we are really, I guess,
is a group of people who volunteer their time or are
simply interested in the development of this kind of art
center. If you wanted to compare with the Upstairs
�i Gallery, for instance, this is mainly a group of women
who band together and donate their time, and share in the
expenses.
Q. How many volunteers might you have on hand at any one
time?
A. It shifts from time to time. I think in working hours my
wife does most of the work and that the total of voluntary
work might amount to a 40-hour week.
MR. HARPER: I can not see your need of the printing.
A. Well, here is a picture of a letter, Chandler and Price
Brothers. This is not done by hand; that is run by motor.
We take the pages after printing and take them down to
Art Craft of Ithaca to collate them.
I would like to say that our feeling is that we will by
no means be a detraction to the neighborhood. We are
interested in the spot because we realize that this is
one of the beauty spots of Ithaoa, the Phlls, and we wcul
like to do our part to make that part of Ithaca more
interesting. Thank you.
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THE CHAIR: Is there any one who wishes to speak in favor of this
request?
Novae.
Is there any one who wishes to speak against this appoil?
DAVID BANFIELD: I live at 312 East Fall Street. I have here a letter
addressed to the Board which I ask permission to read.
Reads as follows:
" October 1, 1972
BOARD OF ZONING APPEAL
Gentlemen:
We, the undersigned, are unable to attend
tonight's meeting of the Board of Zoning and have asked
Mr. Banfield to attend on our behalf.
We wish to have it known that we are opposed
to the granting of the variance for the property located
at 326 East Falls Street.
(Signed)
Mr. & Mrs. Williams Everts
305 East Fall St.
Mr. & Mrs. Joseph Gainey
309 E. Falla St.
Mr. & Mrs. Edgar W. Spencer
313 E. Falls St.
Mr. & Mrs. Fred Pampuch
316 East Fall-St. "
MR. BANFIELD: And I also have the following letter from an owner of a
neighboring property:
315-317 East Fall Street
Ithaoa, New York 14850
October 2, 1972
Zoning Appeals Board
Tthaoag New York 14850
Gentlemen:
I, LOUISE T. BROWN, being the owner of property at 315-317 East Fall Street
Ithacan New York, do hereby object to the granting of this variance for the
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Property on 326 East Fall street, Ithaoa, New York. The neighborhood is ani
has been a very attractive residential area with most owners being of' long
standing and having their Life savings invested in their properties. OAe
look at the neighborhood and this becomes self-evident. To grant subject
varianoe would allow a business to be conducted in the area which would
i definitely change the character of the neighborhood from residential to
'I business.
]h addition, this�btusiness would bring. � ing in additional traffic for employees
and/or oustomers, and, as it is, the parking problem on the entire length
of East Fall Street is bads but in the 300 block of Fust Fall Street, it is
hazardous. There is no off-street parking available on subject property
and many of the residents in this area cannot find spaces to park on the
street in front of their own houses. To further complicate the matter,
parking is allowed only on the north side of the street during the daytime
so the congestion grows. Many times we are unable to get out of our drive
wayas day or night, because of those who park on the street. To allow a
business to be conducted on this block will only add to the troubles.
Therefore, I, along with others, feel that:
1. If there are any special oiroumstano!bs or conditions present applying tD
subject propertys which there must be before a variance is allowed, the
special circumstances and conditions call for the variance to be disallowed
because of the character of the n6ighborhood and the parking problem. - No
special circumstances or conditions apply to subject property which do not
generally apply to the neighborhood.
2. Variance is not necessary for the reasonable use of land or building
in question. It was residential for years before abd should so remain.
3. The granting of the variance would not be in harmony with the general
puspose and intent of the ordinance and would be injurious to the neighbor-
hood and otherwise detrimental to the public welfare.
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We all have spent a great deal of money keeping our properties in good con-
dition in keeping with the residential character of the neighborhood. We
pay plenty of taxes and take pride in our properties. We do not want the
neighborhood to change nor do we want traffic conditions to deteriorate.
It is hazardous enough as it is.
I do hereby authorize David Banfield to speak for me at this hearing and to
present this my statement.
Very truly yours,
LOUISE T. BROWN M
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! MR. BANFTELD: I oalled Mr. Jones and found that the variance that was grants
eleven years ago was on the contingency for ski shop uses,
and that at termination of the ski shop, the structure wo d
revert back to dwelling.
THOMAS PARKINt That is not what they told me. It was entirely different.
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MR. BANFIELD: Primarily we as neighbors, the people whom I am representing
here tonight, feel that the parking problem is a big problem
and we have just had to put up with the ski shop because we
could not change it. There is parking on only one side of the
street. We have a local tavern with overflowing traffic
already. Across the street from the Fall Creek House they
put a fence up, and now they can not park there. The pzr
i ties along there park alongside the street, especiallwhen
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ithe winter comes, and they shovel the snow out into our
driveways. We also have an overflow of parking from the
{ High School, even though it has a large parking lot. Th
are elderly residents in our neighborhood who rent and th r
tenants would not have any place to park. The interseot
of Lake Street and Fall Street has had numerous accidents
because oars can not see up the hill because of the parking
there. All the neighbors agreed when Thomas Parkin bought the
f property, to the ski shop. Now we regret it but there was
nothing we could do about it. We feel we would be much
happier with a dwelling occupancy. There are small children
in the neighborhood and they can not see the traffic. Un-
fortunately we prefer to live in that neighborhood. And
I will add that also the•Sheriff and Fire Department use
Fall Street.
i The question I would ask of the Board is: Mr. Passe has
explained that it would cause the owner oonsiderable expoage
to convert the property back to a dwelling. Why should we
be penalised for him to convert the property back to what
it was?
There is room for one parking space in front of the place
and then four more spaces and that takes it down to the 10
block. We were not given any notice of this. Mr. Baxter
Hathaway stated that there would be 50 or 60 oars there at
times. In Forest Home the area is not so dense. I assume
there would be delivery trucks to this neighborbood. How
` much paper are they going to bring in? What consideration
is going to be given to the trash? Mr. Passe spoke about
students. Not that our neighborhood is not cultural but
think it sounds like an operation catering to the students
in general. It was brought out here that the press was no
hand driven but motor driven, so what is the noise to be?
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LESTER MATTOCKS: I go on reoord as opposing this. Do I understand that
this request is to have two apartments in the house as
well as the business?
JOHN VASSE: Two apartments and the store.
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Mrs. Hagen and Ceoil Miller, neighbors, state for the reoord that they are
opposed to the granting of the appeal.
JOHN VASSE: Let me add that Ceoil Miller is running a msohine shop
two doors away; next door is "Rabbit" Brown, who is
parking a bulldozer on the oorner. We have talked to
Mr. Begent and he thinks that we have as muoh right to
oommercial as the others. That house is designed for
three units and oan not be so used as the first floor is
a store. The oharaoter of the neighborhood with the
truoks and well drills and bull dozers and the Fall Creek
House, is not all that residential. The snow problem is
prevalent in the entire pity. We all have it. As far as
art displays go, this would be preferable to one ski shop
in the season with 50 or 60 oars in the neighborhood
buying boots and skiis. The people who signed this petition
did not hear Baxter's oase at all and they do not under-
stand what this is all about.
czcn MILLER: 318 East Fall Street. Mr. Vasse oalled attention to a
well drill in front, in the yard. This is a piok up truoc and
we have a little orane on it to piok up pumps. Now I oan not
even back it out of my driveway. You oan't see to back out.
I just would like to see you put 50 or 60 oars down there
on any day. Students park there now and walk to school.
A lot of kids walk down on the south side of Fall Street
and that is a dangerous situation. We have Rabbit Brown
there now with a bulldozer. The Polioe don't seem to have
anything to do about it. If this was on our side of the
street this man oouldn't park to go to work in the mo
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EXECUTIVE SESSIONS BOARD OF ZONING APPEALS9 CITY OF IMUCA, OCTOBER 291972
APPEAL 10. 988t
MR, VAN MARTERt Move that the appliostion For varianoe be
granted.
MR. KASPRZAKt Seoond.
FIN=3 OF FACT:
1) The testimony shows that the problem of
parking would not be inoreased by the
proposed user
2) The testimony shows that the problem of
parking would be inoreased by the proposed
use:
3) No evidenoe nor testimony was shown to
substantiate hardship in relation to the
property; further, upon further invitation
no evidenoe was entered that would sub-
stantiate hardship.
VOTE: YES - 0 NO - 4 ABSTAIN - 2
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C E R T I F I C A T E
I, LILLIAN M. KEOWN, Notary Public, State of New York,
DO CERTIFY that as such Notary Public, I took the minutes of the Boai%d
of Zoning Appeals, City of Ithaca, on October 2, 1972, in Common Council
+ Chambers, City Hall, Ithaca, New York; that I have transcribed the same
I and the foregoing is a true copy of the transcript of the minutes of such
Board, to the beat of my ability, and the whole thereof.
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Lillian M. Keown
Notary Public, State of New York
No. 55-7239950
Qualified in Tompkins County
My Commission Expires Mar, 30, 1974
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