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HomeMy WebLinkAboutMN-BZA-1972-12-04 i BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW 7DRK DECEMBER 4th, 1972 • I APPEALS NOS. 9890 9909 991 f I BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK i DECEMBER 49 1972 •• � �NM�r�Ny��M..�Yr��N������MN�r��rNr�NrN�����������MN�N��MAM� At a regular meeting of the Board of Zoning Appeals, City of Ithaca, held in Common Council Chambers, City Hall, Ithaoa, New York, on December 4, 1972: PRESENT: EDISON JONES, Building Commissioner & Secretary JAMES ROGAN, Chairman HARRY BORTZ GREGORY KASPRZAK C. MURRAY VAN MARTER GORGE HARPER Chairman Rogan opens meeting, listing members of Board present, informing Applicants that only five Board members are present and in view of the fact that four affirmative votes are necessary for the granting of an appeal, any Applicant who wishes may ask that his or her case be heard at the next Board meeting when all members might be present and voting. No Applicant elects ito do so. COMMISSIONER Jones lists the appeals to be heard and allows Appeal No. 991 to be heard first. APL NO._991: The Appeal of Pheobe Moore for a variance under Section 7, Column 2, at 428-430 North Cayuga Street in an R-3 zone. s � PHEOBE J. MOORS: My name is Pheobe J. Moore and I live at 2470 Slat.er- ville Road, Slaterville Springs. The property which I own and which is in question tonight, asking for a variance, is 428-430 North Cayuga Street, a three- apartment building, with one store. The variance I am asking for is a change from a paint store to an antique retail shop, and there would be no work of repairing or painting or anything of that sort in the store. Is there anything more you need? I) r �i !I -2- MR. HARPER: Do you have any idea of the hours? iA. I understand it is to be open from nine to five. ` THE CHAIR: Six days a week? A. I imagine so. ( MR. BORTZ: It would be six days a week? I A. I imagine so. MR. HARPER: Is there to be service off Casoadilla Street? I am wondering about a �i6-up on Cayuga Street. A. Nos but I have parking for four oars and usually ! there are two or three spots available during the day time. MR. BORTZ: How about loading? f A. The man who does the work just transfers it piece by ! piece into the store to retail. Q. This was the home of the Mary Carter Paint Store? A. This is the first time I have had possession of this store to state my wishes. Yes, it is the Mary Carter iStore. Q. And there is a side entrance to the store? A. Yes. I MR. VAN MARTER: Are there any requests for a sign? A. I think there is going to be a -sign. COMMISSIONER JONES: They said at the meeting that the sign would be as permitted in that 0ones five square feet. MR. HARPER: That is the present code? I COMMISSIONER JONES: Right. MR. VAN MARTER: Is this to be strictly retail, no service work? A. Yes$ striotly retail, because the fire rate has been very high as it is and if I were to permit any repair j work or anything of that sorts we would still have that fire rate. I have complied with all they ask _- __- -------------- --- me to do_befom the occupancy -3- THE CHAIR: Is there any one who wishes to speak in favor of this appeal? None. Is there any one who wishes to speak against this appeal? i None. I i i � £XECWIVE SESSION, BOARD OF UNING APPEALS9 CITY OF ITHACA9, LEC. 49 1972 0 1• e�99 i MR. HARPER: Move that the application for a variance in this matter be granted. MR. BORTZ: Second. EUDINGS OF FACT: I 1) That the subJect building was designed as it presently exists, with three living units and I� one commercial store; 2) That the testimony shows that a retail operation had existed in the building for a number of yea ; 3) That there would be no problem with parking or loading.'t 4) That financial hardship could occur by continual vacancy; 5) That the space designed as retail space is not suitable for conversion as a permitted use In this district. V OTE: YTS - 5 NO - 0 I i i� 4 I� I —4— BOARD OF ZONING APPEALS, CrTY OF ITHACA, CITY HALLS ITHACA9 NEW YORK IECEMBER 4, 1972 �M--�----------�-------�M�1YM-��--N-�-M-N--MND---rY�N----M-AMM APPEEA. No.. 989: THE CHAIR: The next case is the Appeal of Iry Lewis, IncorporatAd,, for a variance under Section Section 7, Column 4 and. an wcception under Section 6(b)(1) of the now sign ordinance, at 303 West Lincoln Street in an R-3 some Who is appearing? STUART LEM Nor name is Stuart Lewis and I serve as President of Iry Lewis, Ihoorporated, which is the owner of a building located at 303 West Lincoln Street. We are here to request a variance on this property as we are experiencing a hardship on the particular use of this building. This cinder block building was intended for a wood- working shop and the building can only be used as a commercial building, not residential, unless it is remodelled, entailing building partitions, ceilings, lighting and heating systems, and it just not feasible to do that. We find it impossible to use it for WW thing other than a commercial type building. Seconds this particular building, added to Cayuga Electric next door, would occupy eighty percent of this block, the only other building being a home resided in by the Longos. As over fifty percent of the block is now used as commercials we feel this ratLo would use this or relegate itself to the use that buildings in that block are accustomed to. Third, since this building was built, Route 13 has gone through this area and this building now faces Route 139 with much traffic, so if any one would use it for residential use, it would be hard to get any one in there inasmuch as it is right on Route 13. So we trust the Board will realize that if this lot were vacant and a building were built there today, one would be able to build only a commercial type building inasmuch as the highway goes right across the street from it. MR. HARPER: Why do you say that? A. The reason I say that is because if the Cayuga Elec- tric building occupies fifty percent of that blook, which used to be a Willow Avenue 5eotion, one might want to build an apartment house there, and now that lot faces Route 13, and with the trucks passing and the noise factors it is not feasible for residential use. MR. HARPER: Is it this particular building you are talking about or if something else would be built there? A. No, that building and the Cayuga Electric building occupy over eighty percent of the block. MR. KASPRZAK: Are you talking about the block surrounded by four streets? A. I am talking about the front of the building. In order to have a variance we would hope to put the b - ding to as much a non-commercial use as possible, an we would like to lease this for a water softening process. Perhaps you would like to ask Mr. Austin some questions. THOMAS AUSTIN: My address is 64 Willow Creek Road, Ithaca. The Austin Water Products is a business in which we utilirie different mechanical means to treat water. We are basically a quiet little company which works with water pollution and treatment. We would like to set up our offices in Ithaca, mostly for the exposure we could get in Ithaca, and we would like to work here. We would like this for the main reception offices, a laboratory and executive offices, and some storage area. We are making water analyses, chemical analyses,, and water and sewerage analysis. MR. HARPER: You have no other use for it. dater Products has besi doing other things. A. Yes, we have in the past, and we have a chemical prop ss associated with it but that is all operated out of Trumansburg. We wouldn't be doing any electrical wor out of here either. I MR. VAN MARTER: Would there be any odors connected with the laboratory? A. No, none whatsoever. a- Q. How many employees would you have? A. -We have five right now. We assume we will have more employees but they will come under a different opera on and not in this building. R. Do you use vehicles in connection with the service? A. Yes, we have to, but they are always loaded and un- loaded in Trumansburg. MR, KASPRZAK: Where will you provide parking for the employees? A. Three of the employees are on the road with trucks, but they do not park there. We do have a truck that comes in periodically. If there were any parking requirements, there is space between this building and Cayuga Electric to park. I� MR. HARPER: Is that the only use you would put to the building? I A. Yes. Mr. Lewis may have something else. MR. BORTZ: Are any alterations anticipated? 0 A. Yes. I ( Appellant's Exhibit 1 marked for identification This is the artist's conception of what the building will be as to the front. These are tinted double glass windows. The entrance here would be redwood and it will be landscaped in the front as shown in this diagram. I MR, HARPER: Well, we are a little tired of hearing about land- scaping - it doesn't usually come through. A. Our business is an ecology business and there would E� be landscaping in front of the building and the land j would be kept up and maintained. THE CHAIR: How big a territory do you cover? it A. Several oounties, Cortland, Schuyler, Tompkins, Cayuga, and adjoining, and as far north as Newark, New Yorkg ii I E -7- i MR. BORTZ: Does the remodelling increase the footage of the building itself? A. No, it does not. THE CHAIR: How many square feet in the laboratory in the buil ? I i A. No more than 20 square feet as basically the labora- tory is set up for a particular purpose and does not require a lot of spaoe, just for water analysis. MR. BORTZ: Is this a five-day a week operation? A. Six days. We would operate from nine to five five days and I am usually in the office Saturday mornings Q. With an illuminated sign? l A. It would have the same as the electrical shop had, a soft light illumination. MR. HARPER: On during the night? A. No. It would probably go off at midnight. We will f� have it on the time device and there will be no problem. The sign we are asking an exception for is smaller thm ithe one previously there, although the lettering size would be the same. MR. KASPRZAK: What kind of research are you going to do? A. None. It would be only analysis for water and sewage MR. HARPER: What space would you have on the west side of the building nwct to Cayuga Electric? About how much I! actual land? i A. I do not know the exact width. I would say roughly I about 30 feet. Q. You aren't sharing that driveway with Cayuga Electric A. No. As to the shrubbery, the door yard was messy and we put in a sidewalk about to the entrance door and that was all in last year. MR. HARPER: You say you are going to shrub it and then will come back and say it isn't done. MR. LEWIS: That was not done because we lost a tenant there and he was going out of business and that is why it has not I f R f I MR. VAN MARTER: 25 square feet is set for that zone? COMMI33IONER JONES: That is the present regulation. 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. I I i !a f `4 Ii I Ii • ( f i I I i i; i, o' EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF IMACA, IEC. 49 1972 I AAPPFAL NOS, 9_8_4: MR, HARPER: Move that the application for variance be granted. MR. KASPRZAK: Second. FINDINGS OF FACT 1) That no facts are shown in the testimony or in the written appeal that it is a financial hardshi ; 2) By the record of the application this property has a record of three previous appeals relating to use. Information contained in the application f states that the building can be used only for business use, that the building was constructed as a commercial building, that the history of use has included one commercial woodworking shop, BOCES machine shop, electrical repair shop for small appliances; 3) That proposed alterations to the building basic change the character of the building from indus- trial oriented use more nearly to retail service use. VOTE: YES - 4 NO - 1 E�r EXECUTIVE SESSICN9 HOARD OF ZONING APPEALS, CITY OF ITHACA, DEC. 49 1972 ;UPE& NOL.2.82: MR. HARPER: Move that the applioation for an wcoe�gn be granted MR. KASPRZAK: Seoond. FINMQ OF 1) That the testimony by the applicant tenant, Mr. Austin, shows that the sign is necessary; 2) That the applioation states that the size of 25 square feet for sign is less than that permitted to the last occupant of the premises; 3) That the sine of the sign is not incongruous with the existing sign on the next door business establishment. VOTE: IES - 5 NO - 0 I i i i Il -9- BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK DECEMBER 49 1972 •YNM--M-N-N--N��-N----------N----NN-N-----N---N--M-N-N---N- APPEAL NO, 990: THE CHAIR: The next case is the Appeal of John Vasse, Realtor, as Agent for Eva Petrillose, for a variance under Section 79 Column 29 at 102 Adams Street, in an R-3 zone. Who is appearing? JOHN VASSE: I am here as agent for Eva Petrillose, who is presentLy in Florida, and we are seeking a variance to use the property known as the old Ithaca Calendar Clock Com- pany building, built in 1874 for use as a clock oom . This is on the corner of Adams Street, bounded on the west by Dey Street and on the east by Auburn Street. The structure contains about 22,000 square feet on three floors, about two-thirds of the building being one story, and about one-third of the building being three stories. Appellant's Exhibit 1, Plot Plan, and Appellant's Exhibit 2, being photograph, marked for identificatio The intended use for the building is that it is to be occupied by Tony Albanese Plumbing Company, and removed from its present site on Taughannock Boulevard, and wants to utilize this structure for the plumbing busi mess, which has expanded considerably the last few ye rs. • I He does not plan any extensive repairs to the buildi , • I but he does plan on replacement of broken windows, fixing doors and putting the walls back in shape. Parking is adequate for his operation as it was for • laundry operation. I don't know as there is anything else I can tell you about the building or its intended use. Eva Petrillose has tried since the laundrywent broke to sell the property. She is having problems keeping the property in repair, with several windows broken since it was vacated, so it stands to reason that in a very short time it may be a hazard to the neighbor od. I I ,I -10- MR. HARPER: How about the operation going on there now? A. I think the garage might have been rented by Paul i Petkillose to some one with a baokhoe, an a temporary basis, but that will be gone. I don't think Mrs. Petrillose knows what is happening there now. And we will clean up that back yard as it looks unsightly ` now, k THE CHAIR: He doesn't plan on any other business there? i A. No, he just intends to use it for his own use, his trucks and equipment, and his offices. Donahue Halverson is a typical example of what he expects to do. MR. VAN HARTER: How long has it been vacant? A. About a year and a half. Tony, is there any date on the heading of the i inventory? TONY ALBANESE: No date on it. MR. VASSE: Okay. I would estimate one and a half years. i V TER: What is the number of s �R. AN MAR prospects you have had for its occupancy? A. Well, we have been completely through that and have had to give it up. Q. Please mention some of them. A. Ithaca bun Company for warehousing, Ithaca College to use as a laundry, and we have had John Inwery, Floor Covering Company. And I have had one enter- prising business man trying to convert this into a sort of plaza, various little shops, all within this one complex. I think four or five people inquired as to warehousing, and three or four on business opportunities, plus the plaza type operation. MR. VAN HARTER: Your conclusion then is very clear, - as to what? A. That it will fulfill our needs as far as Albanese Plumbing Company goes. I don't foresee any other business enterprises. a -11- i MR. VAN MARTER: Is it, in your opinion, adaptable to any other type of permitted use? i A. None, and it has been used for commercial purposes 98 years. Q. The existing garages at the rear will remain? A. Yes, and we will clean them all up. Q. How many trucks does Tony have? I A. Three trucks and ten employees. Q. Is there space for overnight storage so that the trues could be parked other than in the yard? A. Absolutely. From the boiler room on the north wing he could load from the insides and on the Auburn Street side he could load from the double doors on the outside. Q. So there would be no loading from the front or from i the Day Street side? A. Nov no reason for it. The alterations will commence from the boiler room portion. i Q. Would it be any burden to him to make a oondition tha other occupancies are not permitted without further action? A. Nov we would just have to come back for that. i MR. HARPER: You do know that you can't buy into a hardship? A. Right, I know. THE CHAIR: Is there any one who wishes to speak in favor of this i appeal? _ t None. Is there any one who wishes to speak in opposition i to this appeal? None. I EXECUTIVE SESSIONS BOARD W ZONING APPEALS9 CITY OF ITHACA9 DEC. 49 1972 APPEAL NO. 994: MR. HARPER: Move that the application for variance be granted. MR. BORTZ: Second, FINDINGS OF FACT: 1) That the applicant has tried to rent to several different parties and was not suooessfulg this applicant being the only one that has taken this j option; 2) That repairs and maintenance can not be given to the building because of financial hardship through vacancy; 3) That the new tenant has stated that he will clean up the area and make it more presentable to the neighborhood and will maintain his operation within the building as much as possible; 4) That the original design of the building was for industrial and commercial use and was that before zoning was effective; 5) That the agent's conclusion was that the building was not suitable for a permitted use. VOTE: YES - 5 NO - 0 1 i R i