HomeMy WebLinkAboutMN-BZA-1973-08-06 I,
BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL. ITHACA, �
NEW YORK, AUGUST 6, 1973
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At a regular meeting of the Board of Zoning Appeals, l
City of Ithaca, held in Common Council Chambers, City Hall,
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` Ithaca, New York, on August 6, 19?3:
PRESENTi EDISON JONES, Building Commissioner
and Secretary
i; GEORGE HARPER, Chairman
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C. MURRAY VAN MARTER
GREGORY KASPRZAK
�I ELVA HOLMAN
PETER MARTIN I,
DARLEEN LISK, Recording Secretary
ABSENT: HARRY BORTZ
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Chairman Harper opens meeting, listing members of Board Pres.- 'I
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+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
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!all participants identify themselves as to name and address,
lland confine their discussions to the pertinent facts of the
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(case under consideration. Please avoid extraneous material
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llwhich would have a delaying effect. There are five out of
!Isix members present tonight. It takes four votes to grant or
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'' 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
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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
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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.
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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.
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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.
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ice. MARTIN s What kind of parking; will you have �
there? .l
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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.
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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.
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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
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IR. MARTINs The use to be made in the other partl
of this building# is that defini.telyl
a laundromat?
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,! MR. MILLER: Yes. '
MRS. HCL xi a What kind of provision will be made if
for refuse storage and: getting rid If
of it?
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i� PAIR, MII;LF' : �onjtair�r which is built each
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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.
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MRS. H€ SAN s Where would this be located?
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MR. uELLER f Usually they are at the rear of the
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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
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(MR. MILLERS It would be through the back by
conveyor belt. We generally have o
work rooms right in the back of the
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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
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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
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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.
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E)MCUTIVE SESSION, BOARD OF ZONING APPEAL,, CITY OF ITIiACA,
AUGUST 6, 1973
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A�?rP:E:A IVa. 1422
CHAI ULN HA.RPERo I make a notion that the variance
be denied. i!
MR. RTITd second that.
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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
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2) The proposed use would as a con.
sequence not be in keeping with
! the purpose as intended in the
Zoning; Ordinance) i
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3) Insufficient showing that a var-
lance is necessary for the rea-
sonable use of the land.
Ii VOTE i NO ,• 1
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;! BOARD OF ZONING APPEAIS, CITY OF ITHACA* CITY HALL, ITHACA#
INEW YORK, AUGUST 6,. 1973 �)
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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?
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! 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
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!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
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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.
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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?
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None.
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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
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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
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U DENS ON No.ss-svaw
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