HomeMy WebLinkAboutMN-BZA-1973-05-07 i
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BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA,
NEW YORK, MAY 79 1973
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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
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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�
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to sustain the same. The Board requests that all partici-
pants identify themselves as to name and address, and confine
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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.
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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.
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�+ Mr. Wiggins is now explaining the
i exhibits which are plans for the sig s
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built on this property.
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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?
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Ts there anyone who wishes to speak
in favor of this appeal.?
None.
Is there anyone who wishes to oppose
this appeal?
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None
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EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA,
jMAY 7, 1973
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APPEAL NO. 1010: lI
MR. MARTIN: I move the Exception be denied. fl
, MRS. HOLMAN- I second that.
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FINDINGS OF FACT: �I
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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�
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VOTE: YES -- 5 NO - 0
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j BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA,
�INEW YORK, MAY ?, 1973
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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.
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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?
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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.
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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:
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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
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!, BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA,
NEW YORK, MAY 7, 1973 I�
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CC ISSIONER Jones lists ghat case ##1012 is to be. IE
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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?
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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
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A. The drivewa where I have access is
off State Street and the Carport is
right at the rear of that and the
house.
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THE CHAIR; Is there anyone else who wishes to i
speak in favor?
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Mone. i
j Appellant' s exhibit #1.
I have a letter dere from James D. ;i
Michael, Doctor of Dental Surgery
which says:
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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?
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IIEXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA,
MAY 7, 3973
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j APPEAL NO. 1012:
?1R. MARTIN: I mcnre that the .Exception be denied. ,
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! 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
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2) He has not given any facts of
hardship.
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VOTE: YES - 5 NO - 0
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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.
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�1 Darleen F. Usk
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Stenographer
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Sworn to before me this
day o 19,`
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iw�•+f�Ot 3ea;Mtd ft^.I4ia:'stK.J.t.