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HomeMy WebLinkAboutMN-BZA-1973-05-07 i j BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, MAY 79 1973 ------------------------------------------------------------ At a regular meeting of the Board of Zoning Appeals, City of Ithaca, held in Common Council Chambers, City Hall, Ithaca, New York, on May 7, 1973: PRESENT: EDISON JONES, Building Commissioner & Secretary GEORGE HARPER, Chairman GREGORY KASPRZAK ELVA HOLMAN PETER MARTIN C. MURRAY VAN MARTER DARLEEN LISK, Recording Secretary ABSENT: HARRY Bt?RT'Z � Chairman Harper opens meeting, listing members of Board pres- ent This Board is operating under the provisions of the Cit�r Charter of the City of Ithaca and of the provisions of the IIj l Zoning Ordinances; the Board shall not be bound by strict rules of evidence in the conduct of this hearing, but the determination shall be founded upon sufficient legal evidencei� �i to sustain the same. The Board requests that all partici- pants identify themselves as to name and address, and confine Ii their duscussions to the pertinent facts of the case under consideration. Please avoid extraneous material which would have a delaying effect. Mr. Jones, the first case please. II COMMISSIONER Jones lists what case #1010 is to be. j I APPEAL NO. 1010: The Appeal of Atlantic-Richfield Cony Ii for an exception under Section 7, Column 4,�! at 222 South Cayuga Street in a B-4 zone. II' 'i i i i ,I ii i Walter Wiggins: I am Walter Wiggins, attorney, and my office is at 308 North Tioga Stre t. I am here on behalf of the Atlantic Richfield Company who is about to construct a self--service statUn and �I car-wash at the corner of ►;lest Green and South Cayuga Streets. Their ap- plication is for an exception to the I free-standing sign which as they wou d like it exceeded the maximum by 60 I, square feet, you are allowed 50 aqua e l+ feet and they want 114 square feet. Do they have the right to have the word ARCO on the roof of the free- standing Kiosk. The vim' will con- �TES is tain two buildings - one is the building with the Kiesk or man sit- ting and a roof over the pumps - the other is the car-wash building. Appellant' s Exhibits 1 and 2 marked for identification. I �+ Mr. Wiggins is now explaining the i exhibits which are plans for the sig s �! and the buildings which are to be built on this property. i CHAIRMAN HARPER: What about illumination? IA. They are not Illuminated signs. ASR. MARTIN: What is special about this case? jIA. I think the only thing special about it is the fact that the community service sign will be of help and interest to the people. But then on the other hand you could look at it as being a distraction to drivers if there are two or three signs on one pole, because Just passing by they are going to try to read there all and thus be distracted from their j driving and result in possible ac- cidents. jjTHE CHAIR: Are there any other questions by the Board? 1 � ill Ts there anyone who wishes to speak in favor of this appeal.? None. Is there anyone who wishes to oppose this appeal? i None �I I li ii II Ij I I i I i ii i� II 'J �I EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, jMAY 7, 1973 I APPEAL NO. 1010: lI MR. MARTIN: I move the Exception be denied. fl , MRS. HOLMAN- I second that. i FINDINGS OF FACT: �I I� j� 1) That compliance with the Sign 1 Ordinance in this case is neithe unreasonable or impossible; l 2) There is nothing to distinguish this property from any ether in .I which the owner may wish to de- .I viate from the Sign Ordinance. I� I VOTE: YES -- 5 NO - 0 I I r i i I�i; ii -4- �;i �l j BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, �INEW YORK, MAY ?, 1973 -------------------------------------------------------------� CCMMISSIONER Jones lists what case #1011 is to be. APPEAL NO. 1011: The Appeal of Philip J. Casciotti for an i Exception under Section 7, Column 11, at 424 Linn Street in an R-3 zone. I PHILIP J. CASCIOTTI: My name is Philip Casciotti and I li e at 420 Linn Street. I am requesting permission to replace the garage andll to build a new garage. The reason why I wanted to tear that garage 1 dawn is because it is inadequate and I would like to consider putting new siding on the house, because the siding on the house at present is deteriorating. CHAIRMAN HARPER: The size of the garage will be how II much bigger than it is now? A. The width would be increased about 2 feet and the length about 8 feet. MR. MARTIN: The current garage is not big enough for one car? A. No. MRS. HOLMAN: Noes the house face Linn or Tompkins, Street? A. It faces Linn Street. MRS. HOLMAN: Where is the driveway? A. It is on Tompkins Street. MR. VAN MARTM: The next closest home to the west is how far from your lot line? A. About 3 feet. THE CHAIR: Are there any other questions by the Board? i Iy I l i I I,j Ii Is there anyone who wishes to speak in favor of this appeal? !� None. i Is there anyone who wishes to appose this appeal? j None. I! i j I i l+ � 11 IIi i f� 1 ii �i i i ! i i !I ! !I i EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, I MAY 7, 1973 APPEAL NO. 1011: MR. KASPRZAK: I move the Exception be granted. Mit. MARTIN: I second that, FINDINGS OF FACT: i 1) The character of the neighborhoo will not be disturbed and the spirit of the Zoning Ordinance would not be molested; I� 2) Strict compliance with the ordi- nance in this case would be un- reasonable because the lot was laid out prior to adoption of th Zoning Ordinance leaving insuf- ficient room for an adequate gar- age, VOTE: YES - 5 NO - 0 I j l f! i i !I -6- it I I. !, BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, MAY 7, 1973 I� ---------------------------------_--_------_-_------_----__- CC ISSIONER Jones lists ghat case ##1012 is to be. IE I' JAPPEAL NO. 1012: The Appeal of Donald Randall for an Excep- tion under Section 7, Column 7, at 804 East !, State Street in an R-3 zone. DONALD RANDALL: My name is Don Randall and Z live inj Harford Mills, New York. I own this 1 itl property on East State Street. Thisil is presently a two-family house; thell attic having room and area enou h fo a third apartment and I would Me t have permission to do this. MR. KASPRZA : How high is your attic? A. Roughly 12 to 15 feet. The lowest section is about 6 foot. CHAIRMAN HARPER.,_ Is it dormered or what? A. It is gabled, three gables. CH .IRMAN H RPER: What about parking? A. There is a carport in the back yard which would house three cars. MR. MARTIN: Is there anything special about this property? A. We have Just purchased the house and at the present time it is not carrying itself and this is the reason I wanted to put the third apartment in it. It is an income property and as such , I am Just trying to make more income MR. KASPRZAK: You do have enough parking for three ears? A. Yes THE CHAR: Are there any other questions by the Board? � II I I I f j _7.. Is there anyone who wishes 4o speak in favor of this appeal? SONNY GOODING: I would not like to speak for or against this, I am just a neighbor � and would like to ask some questions My name is Sonny Gooding and my address is 105 Eddy Street. `Where i exxactly are these cars going to p A. The drivewa where I have access is off State Street and the Carport is right at the rear of that and the house. I � THE CHAIR; Is there anyone else who wishes to i speak in favor? I! Mone. i j Appellant' s exhibit #1. I have a letter dere from James D. ;i Michael, Doctor of Dental Surgery which says: i i Deas Commissioner, I am the owner of the property at 810 East State, Ithaca, N.Y.; my Parents, Mr. & Mrs. John Michael. �� are the owners of the property at 812 E. State St. Ile are wholly op- posed to awarding any exception tot e Zoning Laws of the immediate area. Thanking you. Dr. James D. Michael. This was dated 4-30-73. Appellant' s exhibit #2. Dear Mr. Randall, I have no objection to the changi g of your property at 804 E. State St. Sincerely, Nanetzin R. White. Is there anyone who wishes to oppose this appeal? -- ---_-- — rte�-- ------ - I I ' i IIEXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, MAY 7, 3973 I j APPEAL NO. 1012: ?1R. MARTIN: I mcnre that the .Exception be denied. , i ! i . KASPRZAK I second that. �I FINDINGS OF FACT: I1) 'There has been no showing that �! { compliance with the Zoning Ordi-� !I nance which limits this property to two (2) dwelling units, given the size of the lot, is unreasoni able; If I 2) He has not given any facts of hardship. i i, I VOTE: YES - 5 NO - 0 I i� I i I: I I ISI C E R T I F I C A T I O N I DARLEEN F. LISK, ICU CERTIFY that I took the minutes of the Board of Zoning Appeals, City of Ithaca, in the matter of Appeals No. 1010, 1011, 1012, on May 7, 1973 at City Hall, City of Ithaca, New York; that I have transcribed the same � and the foregoing is a true copy of the transcript of the minutes of the meeting and executive session of the Board of Zoning Appeals, City of Ithaca, on the above date, and the 1 whole thereof. II �1 Darleen F. Usk I Stenographer i Sworn to before me this day o 19,` If t iw�•+f�Ot 3ea;Mtd ft^.I4ia:'stK.J.t.