HomeMy WebLinkAboutMN-BZA-1973-06-04 I
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BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA,
NEW YORK, JUNE 4, 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,
i, Ithaca, New York, on June 4, 1973:
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PRESENT: GLENN SODA, Acting Building Commis-j
sioner & Secretary
1� GEORGE HARPER, Chairman I
HARRY BORTZ j
C. MURRAY VAN MARTER II
GREGORY KASPRZAK
ELVA HOLMAN
PETER MARTIN
DARLEEN LISK, Recording Secretary
Chairman Harper opens meeting, listing members of Board pres
ent. We will go to case #1015 first. I
�I APPEAL NO. 1015: The Appeal of Vincent Giordano for a vari-
ance under Section 7, Column 2 at 122 Cod-
dington Road in an R-2 zone.
Vincent Giordano: I am Vincent Giordano of 57 Wood-
crest Avenue, Ithaca, New York. Th
�i plan that we have is for a conven-
ient type food mart located at 122
Coddington Road. It would be of
j� brick veneer and would set back from
the Coddinton Road lot line about
eightyy (SO} feet. There would be
room in the front for fifteen (15)
parking spaces which would be scree ed
from the road. I feel a store of t is
type is needed as here are none lik
it in the immediate area at the pre -
ent time. It would be much more
convenient for the people in the
area; as it is now, they have to go
all the way downtown for a loaf of
bread or a quart of milk. It would
be of particular interest to the
students in the area. I was called
by Ithaca College a week ago today
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j and asked to attend a meeting with i
some of the executives regarding
this proposal. They expressed a i
need for a mart of this type in thi�
area. A second need desired is a
Iaundromat which could very ,possibl
go in the rental shell.
Appellant' s exhibit #1.
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Mr. Vincent Giordano
Giordano Construction
602 Hancock Street
jI Ithaca, New York 14850
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Bear Vinnie:
First, thanks for buying the lunch
which Paul and I invited you to.
You shouldn't have, but we appreci-
ate it nonetheless.
I thought I would drop you a letteri
to confirm our conversation relativ
to your building plans on 120 Cod- i!
i dington Road. We understand it is
your intention to construct a build
ing part of which will be leased by
a Convenient Food Mart franchise
holder. A smaller shell will be
utilized for another retail enter-
prise, possibly a laundromat. In
reviewing your plans you stated that
the entire building could be faced
completely with brick, and we stated
that we would find this preferable
to any kind of concrete block facin .
The parking area will be paved and
screened from Coddington Road with
shrubbery. We discussed with you
the delivery and t#ash area, so
that any future development that we
do in this vicinity will not be neg -
tively affected by an unsightly bac -
yard. We were pleased with the pro
posed appearance of the building,
including a cedar shingle facing on�
the roof and carriage lamps in the
front. We understand also that
heating and air conditioning will bil
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contained within the building and
not placed on top of the roof.
Thanks for sharing your plans with
us and for sharing our concern rela
Live to the general environment and
tome of this neighborhood.
Sincerely,
Charles W. Brodhead
Executive Director
ASR. MARTIN: What is special about this piece of
land?
A. I don't believe there is anything i
really special about it other than
the fact that it has been on the
market for a number of years now.
I don't believe this piece of land �
is suitable for residential use.
We are going to have to dig quite
deep in the back because out inten-1
tion is to have all stock delivery :
there. A conveyor belt would be
installed for this purpose.
MR,. KASPRZAK: You said the delivery will be comin
through the back?
Aw That is correct.
YR. MARTIN% This rental shell came as a complet
surprise to us. 'What exactly is th
ii intended use of this?
! A. Since a desire has been expressed j
for a Laundromat, let' s say that is
what would be put in there.
MR. VAN MARTER: Did the Planning Board give any spe�}
cific reasons for granting this !i
variance?
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A,r No, they did not. I can only say
that I have appeared before both
Boards several times and this is thell
first time I've ever gotten approve ,
from the Planning Board.
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j MF,, BORTZ; What about employee parking?
A. There will be room in the back to Ij
accommodate employee parking, i
THE CHAIR; How about traffic; you know that is
a residential area?
A. I don't believe it would generate
{ that much traffic; I see it more as ;
just someone stopping in on their
way home from work or something to it
get a loaf of bread or a quart of
milk. I also believe it Might be
a walk-in type business from the .i
people in the immediate neighborhood.
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MR. KASPRZAK: Going back to the employee parkings,
I thought the rear was to be used
for a stock entrance?
A. That is correct, but there is room
back further to grade it off and
which would accommodate 3 or 4 cars
which is all the employees that j
f would be needed in a store of this
type and perhaps one or two people
for the laundromat.
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NR. VAN A►L4RTER Has anything been discussed with o
about frontgyard parking up to this
time?
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A. No there has not. I assumed that i
j would be in general keeping with the
neighborhood as the Coddington Res-
taurant is next door and has a similar
parking arrangement.
THE CHAIRS Are there any other questions by th
.. Board? LI
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None.
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Is there anyone who wishes to speak';
in favor of this appeal?
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Nene.
Is there anyone who wishes to opposo
this appeal?
None.
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EXECUTIVE SESSION, BOARD OF ZONING APPHAL.S, CITY OF ITHACA, ;!
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�=E 4. 1973
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APPEAL. NO. 1015:
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MR. MARTIN: I move this Variance be denied.
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MR. KASPIRZAK: I second that. i=
FINDINGS OF FACT:
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�I 1) He did not prove any hardship; j
!� 2) There are no practical diffi-
culties or unique or special
I circumstances to prevent the
Land from being used for the li
i purpose designated by the Zonin
Ordinance;
3) It would not be in harmony with'
the general plan for the City o
Ithaca and the purpose of the jl
�I Ordinance,. II
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VOTE: YES - 6 NO - 0
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BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA,
NEW YORK, ,MINE 4, 1973 Ij
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!� APPEAL NO, 1016; The Appeal of Patsy M. Cannavino Jr. for
an Exception under Section 7, Column 7 at it
106 East Lincoln Street in an R-3 zone.
PATSY CANNAVINO JR; I am Patsy Cannavino Jr. of 106 Eas
Lincoln Street, Ithaca, New York. j
I I have a garage that I would like
ji to convert into a two (2) unit i.ncoie
property. According to the Zoning
�i for that area I do not have enough
lot size and this is what I am aski g
I� for the exception for.
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IMR. KASPRZAK: How big is the area of the garage?
Appellant' s exhibit #1.
i Mr. Cannavino is now showing the
Board a set of plans that shows the
size and where the garage is on the
t lot.
MRS, MARTIN: Are there any special conditions
pertaining to your appeal?
A. None other than the fact that I
would like to make it into an incom
property.
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THE CHAIR: What would you do, put dormers on
the second floor so you could get
enough space?
A. No, I would leave the windows as
they are because I only anticipate
a studio apartment on the top floor ,
u and a one bedroom apartment down-
stairs. I would have only one pees n
in the top floor, and one or perhaps
a couple downstairs.
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MR. MARTIN; What is the main structure on the j
lot?
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A. My house.
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MR. MARTIN: The deficiency would be how much?
A. It is right on my appeal form, I
believe it is 2,225 square feet.
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` MRS. HOLMAN: How many cars does your family have
Two, one is licensed and in runningli
I� condition, and one is not.
MRS. HOLMAN: You would need to provide two parki g
it spaces for the extra apartments? !)
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,w. That is correct.
MR. KASPRZAK: It is on the rear lot line?
A. Yes it is.
MR. MARTIN: If you turn it into rental units,
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then you won't have any parking for!
your family?
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A. That is correct.
THE CHAIR: Are there any other questions by th
Board?
None.
Is there anyone who wishes to speak
in favor of this appeal?
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Is there anyone who wishes to oppos
this appeal?
FRED ASAY: I am Fred Asay of 1105 North Cayuga
Street, Ithaca, New York. If he is
allowed to put these apartments in
there, are they all going to have
j a lot of dogs and cats and things?
THE CHAIR: It is not the function of this Boarfl
to decide that.
MR. WILLIAMS: I am Mr. Williams of 109 East Falls'
Stieet, Ithaca, New York. You woul
do something with the tree at the
rear of this garage?
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ii A. Yes, I realize it is old and create
ii quite a mess when dead leaves and
twigs fall in the yard. I intend
to take it down.
MRS. ROBERT WILLIAMS: I am Mrs. Robert Williams of 109 Ea t
Falls Street, Ithaca, New York. I
am concerned with the whole area in
general, will you clean everything
up back there? - !
A. Yes, I know there is a lot of junk �I
there, and don't ask me how it got
there, but it will be cleaned up.
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MILDRED CLARK: I am Mildred Clark of 107 East Fall
Street, Ithaca, New York. I have n
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objection, I just dant to say I thi k
it would be a great improvement. i
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A. Thank you.
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I EXECUTIVE SESSIONt BOARD OF ZONING APPEALS, CITY OF ITHACA,
.JUNE 4, 1973
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j APPEAL NO. 1016:
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MRS. HOLMAN: I move the request for Exception be :
j denied.
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MRS. MARTIN: I second that. p
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FINDINGS OF FACT:_
�I 1) The applicant failed to make anti
j adequate showing of practical
difficulties or special condi-
it tions which would make compli-
ance with the Ordinance impos-
sible or unreasonable; I!
2) The deficiency is a significant)
one; that compliance wti the
spirit of the regulation requir�s
denial of the Exception.
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VOTE: YES - 6 NO _ 0
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BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL# ITHACA#
NEW YORK, JUNE 4, 1973
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it APPEAL NO. 1017: The Appeal of Stewart 8 Bennett Inc. for
an exception under Section 7, Column 16 a
ji 201-207 North Tioga Street in a B-3 zone.
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DICK ROBERTSON: I am Dick Robertson of Stewart 8 II
Bennett Inc. , 714 West Clinton it
Street, Ithaca, New York. We are i
I� asking for an exception to the reap
j yard requirement. The Zoning Ordi-
nance states that in a B-3 zone,
( ten (10) feet is required. We hav
ii roughly from 8 inches to 8 feet. st
I� of it is 8 feet, the part where th
elevator shaft is going is approxi I
mately S inches. The reason that
we request this exception is so we
can make full use of this lot.
Appellant' s exhibit #1. !i
f Mr. Robertson is now explaining the
isite plan to the Board.
MR. VAN MARTER: Can you describe what you think th�l
purpose of a rear yard is?
A. i believe it is for access in case
of fire or some other emergency. 1�
MR. MARTIN: Is it clear that this building is (�
II subject to the Zoning Ordinance? II
A. Yes it is.
THE CHAIR; Are there any otheruestions b
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the Board?
None.
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Is there anyone who wishes to spec
in favor of this appeal?
None.
Is there anyone who wishes to oppo e
this appeal?
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None. - �;-- ——
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MR. VAN MARTER: I would like to ask one more rquesti m.
Do you think the Zoning Ordinance
of the City of Ithaca ever contem-
plated a parking structure of this
type?
A. I would have to say no. I,
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EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF IniACA,
"E 4, 1973 i
APPEAL. NO. 1017:
jl MR. VAN MARTER: I make a motion to grant the Excep-,j
tion. .s
R.. MARTIN: Z second that. j
FINDINGS OF FACT:
If
j 1) The location and the sighting
of the structure, which places
j the rear yard on or near the
street line, provides all the I�
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amenities of a rear yard;
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2) In this case, a rear yard is ;I
not necessary to furnish access
! or separation; the Exception
jl would comply with the spirit of!
the Zoning Ordinance.
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I+ VOTc YES - 4 NO - 2
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BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, IMACA,
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NEW YORK, JUNE 4, 1973 i
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APPEAL NO. 1018: The Appeal of Block 99 Inc. for an excep-
tion under Section 7, Column 16, at 222
South Cayuga Street in a B-4 zone.
�i WALTER WIGGINS: I am Walter Wiggins, attorney, and
my office is at 308 North Tioga
Street, Ithaca, New York. I am �I
here can behalf of Block 99 Inc. i
which is the Ramada Inn. The prob-
j lem we face at the moment is not i
having enough rear and to support
twenty-two (22)additional motel
units to the hotel complex and ther -
by increase the taxable value of th
property. We would have roughly ,!
eighteen (18) feet as compared to �
the required twenty (20) feet in th
Ordinance. It would only be arch - i
tecturai features which encroach
such as piers and a foot of walkway
or roof; it would not be a solid
wall.
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MR. MARTIN: If we, as a Board, were to treat th se
as projecting architectural feature,,
which according to the Zoning Ordi
nance is permitted, and not grant an
II exception; would this be acceptable
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WILLIAM DONNING: I am William Downing, architect for
this project, and my office is at
121 East Buffalo Street, Ithaca,
New York. I mould not be satisfied
with this decision.. I would like
it this project to go down as meeting
or having been granted exceptions
to all. applicable Codes and Ordi-
nances,
MR. VAN MARTER: From the rear of the building to
the rear lot line you have twenty-
four (24) feet?
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MR. DONNING: Roughly in some areas that is corre t.
There are some in which there will
not be twenty (20) feet when this i
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finished and these are the areas fo
which we are asking exception to.
MR. VAN MART.M: If we were not to grant an exception
and not to interpret the Ordinance,
I; would you be unhappy with that deci-
sion?
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MR. DOWNING; I would ------I feel we meed some
decision from you. i!
THE CHAIR: Are there any other questions by
Board?
jNone. !�
Is there anyone to speak in favor jl
of this appeal?
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Appellant' s exhibit ##1. j
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Hey Wally-
No
ially-No objection on our parte
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Best Regards, i
Bud Dillon
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Appellant; s exhibit #2.
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f Zoning Board of Appeals
j City of Ithaca
108 Last Green Street
Ithaca, New York 14850
j! Dear Sirs.
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I will be unable to attend your
zoning appeal hearing June 4th, 1973
regarding the variance request from
Air, Wiggins on the Ramada Inn site
200 block of South Cayuga Street. j
Please be advised that I support
Mr. Wiggins' s request to reduce th I
rear yard setback from twenty (20)
feet to eighteen (18) feet. i
Sincerely,
-__---- Ri nh&rd 1 Wilsen-Owner of realI
property at 119 Green St. --- --_
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Is there an one who wishes to oppos
this appeal?
Appellant' s exhibit #3.
Chairman
Zoning Board of Appeals
City of Ithaca
148 East Green Street II
Ithaca, New York 14850 l
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RE; Request by Block 99 Inc.
I� (Ramada Inn) for Variance
To Reduce Rear Yard Setback
From 20 Feet To 18 Feet
Dear Sir.
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On May 29, 1978, we received a notice
that a hearing would be held by yo
Board ori dune 4, 1973 at 7:30 P.M. jl
to determine whether the variance ii
would be granted to Block 99 Inc. tc�
reduce the rear yard setback from !.
20 feet to '18 feet.
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As you may kppw,, in the development )
l and construction of McGraw House we �
it were particularly concerned with
setback requirements, due tothe
nature of the neighborhood ( rtii$y
residential): ., bile have always at-
tempted to maintain a compatible regi
lationship with the complexion of
our Geneva Street neighbors and hav
always been aware that development
would occur on Cayuga Street;
!� Although we are encouraged with de- i.
f; velopment to our rear (on Cayuga
l Street) , our apprehension over the
ii type of development has been offset
j� somewhat by the assurance of the
existing setback requirements. Our ',
observance of the 24-foot setback ij
I requirement assured us that, regard4
less of the type of development (to !'
our rear) , we could be assured of at
I least a 44-foot protection band. W
are articularly concerned with mai -
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passible in order to reduce noise
level and insure the privacy origi-11
na31y intended for our elderly ten-i)
ants.
II We are all very prod of the succes
of McGraw House, and request your ,
support in assuring us that a maxim
buffer zone is maintained to insured
privacy and distance from noise 'I
levels associatea with the develop-I,
went obi Cayuga Street.
Sincerely, !'
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!i RAYMa4D VAN HOME, President
it McGraw Housing Company, Inc. i
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EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, j
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JUNE 4, 1973
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APPEAL NO. 1018:
MR. VAN MARTER: i make a motion to grant the appli- ,
cation as applied for.
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jMR. KASPRZAK: I second that.
FINDINGS OF FACT:
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1) Based on the work sheet furnish d
us, which is a part of the ap-
plication, using the listing of !!
the Building Offf cer of the re i!
I qu fired twenty (20) foot rear }
yard and using the dimension ofj
eighteen (18) foot as proposed,
the deficiency on this is t
(2) feet no inches; on this bass,
the deficiency amounts to 10%;
i 2) The proposed additional constru( -
tion Is a new proposal; it is tle
understanding of this Board tha
if it had been part of the orifi :
nal proposal, it could have bee
accommodated on the subject sit
and could have met all the requ ce-
ments of yard dimensions;
3) a) Two (2) communications ad- j
dressed to the Board supporting
the application. b) The third
communication was by the neighb r
adjacent and to the rear and mace
note of the property of problem
due to encroachment; the Board
recognized this question, and t e
testimony showed that no proposfd
garbage or storage area is to b '
accomplished within this reduces
rear yard, and all of that part-
of
artof the proposed structure in th
alleged encroachment consists of
motel room units. V.
VOTE: YES - 5 NO - 1
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C E R T I F I C A T I O N
I DARLEEN F. LISK, DO CERTIFY that I took the minutes f
of the Board of Zoning Appeals, City of Ithaca, in the matte s
of Appeals No. 1015, 1016, 1017, 1018, on June 4, 1973 at I
City Hall, City of Ithaca, New York; that I have transcribed;
the same and the foregoing is a true copy of the transcript it
j of the minutes of the meeting and executive session of the II
ii Board of Zoning Appeals, City of Ithaca, on the above date,
and the whole thereof.
�,
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Darleen L s
Stenographer
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Sworn to before me this
..14day of 19
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