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HomeMy WebLinkAboutMN-BZA-1973-06-04 I i i� ,i BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, JUNE 4, 1973 � ----------------------------------------------------------- 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: II ! 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 i. ii -2- - - - - -------- ii i 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. i Mr. Vincent Giordano Giordano Construction 602 Hancock Street jI Ithaca, New York 14850 jl 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 ,i ii II -3- 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? II 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. I I! it II -4- 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. li 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. f� NR. VAN A►L4RTER Has anything been discussed with o about frontgyard parking up to this time? i i 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 ii None. II Is there anyone who wishes to speak'; in favor of this appeal? !i Nene. Is there anyone who wishes to opposo this appeal? None. ii ;i II II !i EXECUTIVE SESSION, BOARD OF ZONING APPHAL.S, CITY OF ITHACA, ;! ;I �=E 4. 1973 ! APPEAL. NO. 1015: I) I. MR. MARTIN: I move this Variance be denied. i MR. KASPIRZAK: I second that. i= FINDINGS OF FACT: l �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 I! i VOTE: YES - 6 NO - 0 it I � f ! I I! ii li it I I I) II i II i l I( ii I! 'I I I i' n i I' BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, ,MINE 4, 1973 Ij --------------------------------------- . ---_----- !� 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. i 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. � l 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. f MR. MARTIN; What is the main structure on the j lot? i A. My house. j i. II � j ! 'i it �i .i MR. MARTIN: The deficiency would be how much? A. It is right on my appeal form, I believe it is 2,225 square feet. ;i ` 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? !) I: ,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, t then you won't have any parking for! your family? V 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? j it None, i; 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? ill i i !i !i -7- II, I 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. i MILDRED CLARK: I am Mildred Clark of 107 East Fall Street, Ithaca, New York. I have n 3 objection, I just dant to say I thi k it would be a great improvement. i i A. Thank you. I I' i �I ,i I i ii u it I' iI ii ii b i ilk it li !I i 'i II i ii ii I EXECUTIVE SESSIONt BOARD OF ZONING APPEALS, CITY OF ITHACA, .JUNE 4, 1973 lil j APPEAL NO. 1016: f MRS. HOLMAN: I move the request for Exception be : j denied. I �! MRS. MARTIN: I second that. p 'I 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. I VOTE: YES - 6 NO _ 0 I I I� I� i! j iI I) it it jl BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL# ITHACA# NEW YORK, JUNE 4, 1973 ----------------------------------------------------------- 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. i' 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 q Y the Board? None. I� Is there anyone who wishes to spec in favor of this appeal? None. Is there anyone who wishes to oppo e this appeal? --- ---------- None. - �;-- —— IE I ,Ij I, li I it _g_ li i !j 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, I, l I� II �� is I{ H �I li I II I� it II Ij +� II it i I i I ii i i I II I l Ij I !i II iI l fi �i II Ii �I !i 'i ! 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� it amenities of a rear yard; I 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. !I I+ VOTc YES - 4 NO - 2 Iit i' �I �I ii i! �i J I� li i �l 19 ii ii _10- BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, IMACA, i I NEW YORK, JUNE 4, 1973 i ! ----------------------------------------------------------- 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. i 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 I 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? i 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 iI i, !f 'I 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? i 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? ii Appellant' s exhibit ##1. j it Hey Wally- No ially-No objection on our parte I Best Regards, i Bud Dillon ILF Appellant; s exhibit #2. li f Zoning Board of Appeals j City of Ithaca 108 Last Green Street Ithaca, New York 14850 j! Dear Sirs. i 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. --- --_ I j I l !i II -12- 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 I u RE; Request by Block 99 Inc. I� (Ramada Inn) for Variance To Reduce Rear Yard Setback From 20 Feet To 18 Feet Dear Sir. i 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. - r 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 - ----- -- --- — - --- -- _-Wir2e►w_a__._bjiffAr zones =c i I I i', { -13- j i 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, !' i; ,j !i RAYMa4D VAN HOME, President it McGraw Housing Company, Inc. i i� I� i I Ij I! !3 I� i I i ( I, I I i II s i Ij it ,� II EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, j H JUNE 4, 1973 it APPEAL NO. 1018: MR. VAN MARTER: i make a motion to grant the appli- , cation as applied for. U jMR. KASPRZAK: I second that. FINDINGS OF FACT: f i 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 �i i it i„ it i I I I i 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. �, i Darleen L s Stenographer �I Sworn to before me this ..14day of 19 ( ' f 4fM�t Mama lrrt�Nrrt�l►t J I I I � I -- ----------- ------ i r r oopy-��--�y�D.1Mi'�,.AL4 dye