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HomeMy WebLinkAboutMN-BZA-1973-08-06 I, BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL. ITHACA, � NEW YORK, AUGUST 6, 1973 --- -----rte ---- --.r-- r.w.sir.� r.s�rsr���.r�l��fM r.�UM'rt�.�+wr���s.►.�.sw� At a regular meeting of the Board of Zoning Appeals, l City of Ithaca, held in Common Council Chambers, City Hall, I! ` Ithaca, New York, on August 6, 19?3: PRESENTi EDISON JONES, Building Commissioner and Secretary i; GEORGE HARPER, Chairman II C. MURRAY VAN MARTER GREGORY KASPRZAK �I ELVA HOLMAN PETER MARTIN I, DARLEEN LISK, Recording Secretary ABSENT: HARRY BORTZ l Chairman Harper opens meeting, listing members of Board Pres.- 'I ii +ent. The duly appointed Board of Zoning Appeals, meeting in la formal public hearing in the matter of cases 1022 and 1023 is now in session. This Board is operating under the provi- II �Isions of the City Charter of the City of Ithaca and of the 1provisions of the Zoning Ordinances; the Board shall not be 'bound by strict rules of evidence in the conduct of this hear-!j ling, but the determination shall be founded upon sufficient !, lIlegal evidence to sustain the same. The Board requests that i !all participants identify themselves as to name and address, lland confine their discussions to the pertinent facts of the G (case under consideration. Please avoid extraneous material ,, I.i llwhich would have a delaying effect. There are five out of !Isix members present tonight. It takes four votes to grant or I I I ii I! i l ii I � _2_ ! ---------- '' deny an appeal. Anyone who wishes to postpone their appeal II juntil the next meeting in the possibility there many be a full` IRoard present may do so. We will hear Case #1022 first. COMMISSIONER JONES: Lists what Case #1022 is to be. " APPEAL NO. 1022: The appeal of Michael & Mary Mignano for a variance under Section 7# Column 2 at 122 Coddington Road in an R•-2 zone. j I MARY MIGNANO* I am Mary Mignano and my husband is !! Michael of 1002 Hanshaw Road, Ithaca, New York. We are here this evening to appeal this variance and prove hardship on this lot which is ap. �! jf proximately 100 feet wide by 200 fee i deep and is located at 122 Coddingto Road. The main reason we did buy this piece of land was to build a � home. We had a beautiful view of th lake, and the fact that the Codding. ton Restaurant would be adjacent to us didn't really matter because we had intended to plant trees and shrulm to screen the area. Now in front of the lot they have built a 120 unit I) housing development which has obscur d the view of the lake which we had be fore. Ithaca College has also just finished building three garages to house their busses which is just thrie doors away. We have tried to sell I, this piece of land for residential use and have had several interested persons until they actually see i.t and immediately decide they dons want it. I hope the Board will gran this variance as it has been impos.w si.ble for us to sell this piece of land for residential use and the tax4 to have almost doubled since we have owned it. I also believe that a mar ' j ket of this type as well as a faun. Ij dromat are quite needed in this area ! and would do well,. 41R MARTINI Have there been any residences built,! close to that lot since you have j --- — — - — --- ----- -owned i-t? -- i, II ,I r 'i 'i i j DUZS. MIGNANOt No there have not. .i Ij I+1R. MARTIN You have had it on the market for j i residential use for some time? 11 MRS. MIGITAN€ i Yes we have. I P+1R, KASPRZAKi Jaid anybody else try to buy this land for other than residential use 11 j besides Pyr. Giordano since that time TM. TAIGNANOt No. � u HTHE CHAIR: Is there anyone to speak in favor of� this appeal? ROBERT MILLERt I am Robert Willer, area represents.- tive for Convenient Food Marts. I'` t, let me say we are not a super market 1 think the best way to describe us i; is an old-fashioned country store !) type business. Weprovide the fill► n �) shopping and it provides a place whe peop�e in the neighborhood can go j pick up the few thin& their need be- tween regular shoppingdays, such ash; bread or milk. We are friendly and we are cleans we have to be or we !� wouldn't be in business very long. �! We are a small 3#000 ware foot �! neighborhood store. Some time ago, f I made quite an extensive survey in it this area. In a normal survey,, we �I need at least 900 homes within a cert twin radius of the site for the Mart At this particular site there are we ti over this amount surrounding it. 1 1 . believe we would do well in this are PAR. MARTIN: As you contemplate the Mart it will ! be visited mostly by auto traffic? ;i MR. MIL x.R: I don't believe so. I believe it II would follow the pattern of most of our other Rzi its in neighborhoods sue as this one, and that would be that most of the neighborhood people wool walk in for milk and bread and thing of this nature. { i I' Ii it �I -k- i' ice. MARTIN s What kind of parking; will you have � there? .l !; Iva r IIIL�'R t There would be at least ten or twel it spaces and perhaps as many as f .ftee ilIVVIR. VAN LARTERs Do you have a standard stock sign? MR. MILLER: Yes we do but we would certainly j want to comply with all the rules (I and regulations especially since this is a residential neighborhood. We would be glad to change it. I{ MR. DURTIN t What are the operating hours? Il IR, IAILLERt Generally most of them are open fro 9#00 a.m. to twelve, midnight. Agaiix,, !) we are not a chain and our stores are individually owned businesses. UsuaLly if the owner sets his own hours. There may very possibly be a need for thi s before 900 a,m. in some neighborhoo s. Certainly if that is going to be one, of your best sales times of the day you would open earlier. IE 11MR. VAN TURTERs If you had a choice for location of the sign,, where would you put it; orl the building or out in front on a pole or something? II DIR. MILMRs Again, we would want to comply with the Ordinance# and wherever we could have it is where we would put it. I MI. VAN LURTERs Do you believe it is fair that we as that you be held strictly to the Ordinance when the man next door is allowed to have all he has, specifi. I tally the Coddington Restaurant? l MR. MILT '" a I would certainly hope this would be j taken into consideration when we li apply for our permit. Our sign that l we have is an illuminated pole sign and it is not a flashing sign and j although it is colorful,, it is not a bright gaudy sign. j it -- ------------------------- i ', l3 Ii IR. MARTINs The use to be made in the other partl of this building# is that defini.telyl a laundromat? H fj ,! MR. MILLER: Yes. ' MRS. HCL xi a What kind of provision will be made if for refuse storage and: getting rid If of it? i l i� PAIR, MII;LF' : �onjtair�r which is built each ec3 If store for this purpose. It wftld 11 be put out for regular garbage pick.-j! '1 up. Again$ we don*t have meet and 1! fresh produce and therefore we don't;) have the volume of refuse that large stares have. i MRS. H€ SAN s Where would this be located? i I MR. uELLER f Usually they are at the rear of the jl building* sort of out of the way and i out of sight. it SIR. KASPRZAKs #fit about delivery? j ii MR, MIIJ2R,s Because we are a. smaller stare we cah have smaller truck delivery and smalLer quantities and usually about once a week. ' MR. KASPRZAKs. Would it be front delivers,* or back delivery? '1 j (MR. MILLERS It would be through the back by conveyor belt. We generally have o work rooms right in the back of the I l buildings. THE CHAIRS I feel we ought to have a more def - site idea on this laundroma.t# you wi 1 need more parking,, will you riot? if I. VINCENT GIORDANOs I am Vincent Giordano of 57 Food.- !! I. crest Avenue# Ithaca# New York. Thei Idea was that Ithaca College 'e express reason s laundromat came into the lI e d a strong desire to have one in this area for the students. As it is now Irl �j li i, they have to go all the way downtown to do this and also if they want cigarettes, milk, or whatever. I i j don't think there would be that much] j problem with parking as people are mostly going to be there to just run in and pick up something quickly and_�II' believe there would be a fast turt�,, over of parking. This has nothing, do with the case, but we all know that it is just the nature of peopl 'i to park wherever they can find a glace, they might park next door someplace. l MR. MPRZAK: Are you going to be open on Sundays too? j j' MR. iziR Yes sirl, we are open every day of the year for the customers' convene- ence. it , THE CHAIRt Is there anyone else to speak in favor of this appeal? Bone. Is there aI done who wishes to oppose this I' appeal? None. ii ii ii. j I it I ij i �I I i i E)MCUTIVE SESSION, BOARD OF ZONING APPEAL,, CITY OF ITIiACA, AUGUST 6, 1973 i A�?rP:E:A IVa. 1422 CHAI ULN HA.RPERo I make a notion that the variance be denied. i! MR. RTITd second that. i( I I FINDINGS OF FACT: j 1) The neighborhood has not been ' altered that much to make it notll a d:e irable place for a residene I� 2) The proposed use would as a con. sequence not be in keeping with ! the purpose as intended in the Zoning; Ordinance) i �I 3) Insufficient showing that a var- lance is necessary for the rea- sonable use of the land. Ii VOTE i NO ,• 1 i I i� I) t II !� II ii I, I ii I it �! I! I� i� !i II i Ii ;! BOARD OF ZONING APPEAIS, CITY OF ITHACA* CITY HALL, ITHACA# INEW YORK, AUGUST 6,. 1973 �) .p.--------rtrt.wr----.rir.rar+r.i.+rr----rt.Yr--------- r—+►r—rarrt�waw.e.rtr.►rrv+�-..srt� COMMISSIONER JONES# Lists what Case #1023 is to be. APPEAL, NO. 1023: Thea i appeal of Daniel & Margaret Liguori for{! an exception under Section 7, Column 7 at it 110 Stewart Avenue in an R-3 zone. l , PAUL TAVELLI: I am Paul Tavelli♦ attorney, of 12411 East Court Streett Ithaca, New York.111 I am here tonight to represent Dani and Margaret Liguori of 101 Maplewo� Road, Ithaca, New York; in regards tp 110 Stewart Avenue. The Liguori's wish to put a fifth apartment in thi� four-aVwtment building. The excep- 1 �i tion being asked for is to lot sized at present there is roughly 7#500 I square feet and 10, 000 square feet I; Ili are required. What they actually want to do is break up the large first j floor unit into two smaller units. What would actually be done would b to put in one kitchen and one bathrooms there would be no structural change. This area is predominately multiple residences in that it is an R-3 zone. i The Liguori*s would prefer the con- version from four to five units rather than make this into a rooming house which is permitted in this zo s They own the property next adjacent to 110 Stewart Avenue and there is i) more than enough parking. li MR. MARTIN: You realize# of course, that the Ordinance says we need some special l conditions or regulations to grant an exception# what is special about this property? �j ! MR. TAVELLI: They feel they would rather rent to all students and would rather have two units aid the first floor insteadl of making it into a rooming house and really filling it with people, li It i ; i ! I !I IMR. MARTIN s Or rent to a family? it Y,R. TAVE:LI s They don't feel they could rent it '± to a family because of the location I and the fact that the rest of the i building is occupied by students. ii would be very undesirable to a fami with two or three small children. II M. Ht}7AWl s Isn't this house directly across they street from the neighborhood school? ISR. TAVEIJI s Yes t it is. N I MRS. HOI IAI`3s DW suggestion is that it might be j attractive to a large family because{i of this. ii THE CHAIRS Is the parking all in back of one house or both? LIGUCRI There are seven spaces behind 114 !i Stewart Avenue and eight spaces be- ! hind 112 Stewart Avenue. I ITHE CHAIRS Are there anymore questions by the Board? �I jNone. I Is there anyone to speak in favor o this appeal? None. Is there anyone who wishes to oppose this appeal? I None. . II I i; I ,I I, I II ii l l it i it EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACAv AUGUST 6, 1973 APPEAL NO. 1OZ3 t MR. M RTIN& I move that the exception be denied. j CHAIRMAN HARPER: I second that. FINDINGS OF_FACTs 1) There has been insufficient show ing that the requirements of the Ordinance concerning the size of lot ger number of units Is unreasonable or impassible to comply with i 2) There has been insufficient show ing that the existing first flo unit cannot be rented in its present configuration. VOTE: YES - 4 NO •• 1 I' ii �i C E R T I F I C A T 1 0 N I DARIZE11 F. LISKg DO CERTIFY that I took the minutes of the Board of Zoning Appeals, City of Ithaca, In the matte of Appeals No. 1022* 1.023, on August 6. 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 mutes of the meeting and executive session of the Board of 3mg Appeals, City of Ithaca,, on the above date* and the 11 I whole thereof,, to the best of my ability. I�arl.een F,--Lisk Stenographer li Sworn to before me this �day Of l9 iii U DENS ON No.ss-svaw "lWy PuL4;c,5A*Q of!"Vok Irc=1�TE>apirestt V