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HomeMy WebLinkAboutMN-BZA-1973-11-05 { 'i �j „ ' BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, it l NEW YORK, NOVEMBER , 1973 j 'i ,5 --------------------------------.war---------------------------i{ i At a regular meeting of the Board of Zoning Appeals, { City of Ithaca, held in Common Council Chambers, City Hall, I i I Ithaca, New York, on November 5, 1973, it IIPRESENT: GEORGE HARPER, Chairman jl HARRY BORTZ { GREGORY KASPRZAK PETER MARTIN ELVA HOLMAN it EDISON JONES, Building Commissionerjl & Secretary j DARLEEN MSK, Recording Secretary � AENT: C. MURRAY VAN MARTER I� �lChairman Harper opens meeting, listing members of Board pres ent. This Board is operating under the provisions of the Ci 7 Il Charter of the City of Ithaca and of the previsions of the { Zoning Ordinances; the Board shall not be bound by strict III I Irules of evidence in the conduct of this hearing, but the �Idetermination shall be founded upon sufficient legal evidence II ' to sustain the same. The Board requests that all participant i { identify themselves as to name and address, and confine their discussions to the pertinent facts of the case under consider lation. Please avoid extraneous material which would have ii Iia delaying effect. Mr. Jones will you proceed with the first I� I' case. ICommi.ssioner Jones lists what case No. 1028 is to be. ' APPEAL�f NO. 10281 The Appeal of Edith 0. Daniel Estate for a variance under Section 7, Column 2 at 411 East Seneca Street-in-an I{ h j II ii �i -2_ r MARK HAAGs My name is Mark Haag and I live at i 1 fillets Place, Ithaca* New York. ii 'I I have a contract with the estate tc I purchase the property at 411 East Seneca Street. I guess I entered Ii into that contract with the assump- tion that the building there could �I be used for office space. I live at number one Willets Place which i� Just up the hill and around the cor- ner. It is my intention, if the Board grants the variance* to use the building there as an office for it myself with one other employee. I j would say that I do not anticipate 1 making any changes to the exterior it of the building other than to make it general maintenance repairs. I woulil I) say that that particular house is in, j need of some major repairs and reno- vations on the inside. I believe that is the reason the people who were previously interested in it I couldn`t arrange to have the money to pay for its the repairs are such !i ----- -------------- -- --- --------- ii Ij that it will cost a considerable i i amount of money. I think that if the variance is granted# the repair and renovations I would make would be specifically to turn it into I ` office use rether than residential use. ! MR. MARTINS What is the current configuration inside? + MR. HAAG: The basement was used for a photogra h studio# there is also a two-car II garage in the basement. The first + floor is three large rooms* a bath. room and a kitchen. The second floo ! is two large room$, one small room# i+ � a bathroom and a kitchen. MR. MARTINS There is discussion in the memorandwiL i from the Planning Board of a home j; occupation# what about it? SMR. HAAG& I don't want to be limited to the f •I �! stipulations of a home occupation. j Obviously if I wanted to have a home J occupation I could move into that house andoDnduct it and not even it have to be here. But again$ I don't ii ii I ;i l I! really know how many employees I !I anticipate having and I don't want it to be limited to a home occupati j i! I am asking strictly for a variance Ii to conduct a business. MR. MARTIN: How long was it listed on the marks i �I MR. DAVID MC FARREN, ' REALTOR: It was listed very early in June i' and sold quickly and it was held of ! i j the market pending financing and when financing couldn't be gotten j It was listed again. �IMR. KASPRZ.AK# Is there anything in particular I about the house why it can't be used I as it is intended? � I !' NR. HAAGs It can be used as a residence but it needs such extensive repairs and �I ,j renovations that I don't believe it !j I would pay for itself. To be quite 'i honest, I don't believe anything has been done with it for years. It is In ,great need of something being don it ,ISI► !� with it. SIR. BORTZ a Did you know that it was an R..3 zonelj when you entered into the contract? j ASR. HA:AG: yes. �I �I I '' ii I ,i l I! CHAIRMAN HARPER: Is the driveway on the east side of i li the house or the west? [ MR. HAAGs It is on the west side. ;. MRS. HOLMANs Whatkind of vehicular traffic do yon .anticipate generating? M.R. HAAGs I don*t really know how to answer that. I MRS. HOLMANs Would clients be coming to you# i rather than you going to them? MR. HAAGs I would have to say both, it is veirj I difficult to know until the situatian li Is actually upon me. MR. MARTIN: bith the variance granted on the conditions of a home occupation would it fit the need as you see it ' MR. HAAGs I think it probably would not. ii THE CHAIRS Goes the Board have any other I� I' �I i questions? Is there anyone to speak in favor o this appeal? IISTUART STEINS I don't really wish to speak for or against this, I am here on behalf o the Planning Board to perhaps help i �I this Board here tonight have a bett I understanding of our recommendation I - which I_would_like to have read now � it li �I �! it I ursw V i� 1 i so i could see just how it carne out li on paper. i!. THE CHAZRs WMAORANDUM TOs Board of Zoning Appeals j FROV s Codes & Ordinances Committee I� for the Planning Board 13i! SUBS BZA Appeal 1028 - Request for, a Variance to See. 7, Col. 2 of the Zoning Ordinance at 411 E. Seneca Street in a R-3 i district. DATES November 1, 1973 The Codes & Ordinances C©mmitte ii of the Planning Board met on the morning of October 31 to discuss BZA Appea.1 .1028. The Committee carefull considered the appellants argumentel I� Z-,o stated in the appeal and while j jthey were not wholly convinced by ! the statement of hardship, they felt' that on the whale an architect's �I office in that location might be the i lesser of several possible evils. _ i r The Committee noted that many of the structures on East Hill have been ruthlessly subdivided, leading to !I conditions of building deterioration i and general environmental decline. it - --_- --- it ii r, i. II It was the feeling of most committe II members that an architec-tb office, particularly as it was a home oc- cupation* might be beneficial in that location# but they feared that its establishment might be taken as a precedent for further commercial encroachments on the area. There- fore, the committee recommends to �! the Board of Zoning Appeals that the �! appeal be granted but suggests that it be granted only under the con- ditions which usually govern home l i occupations, excluding those covering family relationships. The chairman of the Codes & Ordinances Committee intends to ! present the committee`s findings to II the Board of Zoning Appeals. eals. � iMR. STEIN: Let me just give you some baekgroun about that statement that was masse. , The entire Planning Board at its !' regular meeting could not reach an agreement and it was a split vote, r two (2) to two (2)# and the Chairmar �i voted to break that and resulted Ind i Ii ,I I� I I II' I ii three {3 i to two (2) against the appeal. The final, decision was to refer the matter back to the Charter & Ordinance Committee of the Planni+ Board. One ct the members of that Committee is here tonight also just to add anything she feels I left out, she is Mrs. Benson, The sense I) � of that group was that at that point the only information available to u was the information that was in the i application. The general sense of the group was that there really was no hardship involved, and our under standing is that for theti tz'� nC of a variance hardship must be shown. Eowever, in the objective of Plann:i , i the Board felt that the section of east hill on which Seneca Street is,' Is one of the most unusual, parts of i the city. We felt that if home oc- cupation stipulations were put on • I , the variance it would be in keeping } 11 with the character of the zone, IM. MARTINI When that was discussed it was con. that--thp---owner- would be- H i it I� 111 ij living in the building,? I PSR, STEUN a No it wasn't. Mrs. Benson, do you -have anything to add to what I've said? M. BENSONz No# I .feel you have covered it very i well. THE CHAIR: Does the Board wish to ask Mr. Stein any questions? Is there anyone to spealk in favor of this appeal? N,one. I Is there anyone to speak against this appeal? IIDAVID M FARRENs I have a couple of questions; I'm not for or against. I am David Mc I Ij Farren and I live at 424 East Seneca Street and own the property at 413 East Seneca Street. Is my under- standing correct that your purchase I offer is contingent on the granting of this variance? !! MR. UAGs David, it is not specifically con- i tingent upon that., I would have to I say that it is one of the stronger Points of my consideration. ; it ;I it I �I it li i 'i Ij u i VIC FAMEN --- - - ',,Aat would you say would be the per- centage of business between your architect business and landlord f business? j MR. HAAG* i4y antic-5T at an at this time is that i it would be basically architecturaljj business. Rental collection would be one of the duties expected of thel i secretary-bookkeeper. ALEXANDER ARDWINt I am Alexander Ardwin from 427 East Seneca Street. I don't see, unless l some stipulation is put on the vari li ance as to the number of employees and so on, that there is anything to�1 tie him down at all and it could jus'I grog and grow. I mean such as home I j occupation stipulations. 'I iiMR. HAAG' I do not want a have occupation or I would simply move there and conduct l one. That is the reason I am here �I ii tonight. D. BOARDMAN LEE# I am Boardman Lee and I am represent ing Hinckly Estate, I take it that i this is an appeal of the Estate of j ii :ars. Daniel and not Mr. Haag so how =_ ---can _gassib v a ---. nal- -_and- show I I ii ;I i' i -11- 'I all the necessary hardship -Lid so forth? TWM. MARTINS she appeal was made out in the name I; of the Latate, signed by the Attorn for the :state and his purchase of II the property is pending on conditio of this variance. NIR. :t,EE& Dir. rag has made a plea that lie cannot occupy the property under home occupancy requirements because he is not living there. I still do not see how you can grant a variance i to a person who does not even own I the property because he cannot show the proper hardship and other require. I� menu of the "Zoning Ordinance for Granting a variance. i II NIAX FURMAN: I a.m. somewhat confused by this whole I arrangement; it seems to me that a it person who has no interest or actual' ii certain holding in the property whit • is in question at the present time is apprised of all that may happen 'i only if he buys the property and if l j in the event that he does buy the ii II I jl jI ii li -12- II 'wound by the x~ali�; wId ch was given 'i to a previous person. j MRS. FURTI: Are you planning; to have any signs up there? �I f MR. HAAG; if I did, I would comply with the Ordinance which I believe# permits five: square feet in an R-3 zone. I SALVATORE GRIPPIe I am :valvatore Grippi of 423 East i� �;eneca Streets I would life to raise the sane question. that ItIr. Lee did, and that is how can �r. Haag � i make t1-ds requests, I am afraid I don't understand. MR& MARTINS Let ane repeat that the Estate is the i, formal. applicant. They want a � variance as described by Mr. Haag. 1 MR. LEE: I maintain that „ir. Haag has no j necessity for asking this variance, j I� he does not own the property and if �I p it the Board gm-,ts the variance it is �I ii strictly illegal. AIeF,WDER ARD IN I believe it must be established just what i r. Haag intends to do t sere, the parkin;, the business$ II �if part of the building is to be use Ir for ragi 1 i� II 'I II ii I i I I l I !I TIM Mi.IR i I thi .- all that has been establish , unloss you have anything; now to add • I� to the, case, please don't reiterate I what has already been said. � MABEL BLONGRENs I am T. Elomg-ren and I live a "04 Last Seneca "treet. I went and -"Lked to s:r. Haag about his office � across the street and just what wo bo hivolved as far as e;nployees and so on,and so forte and I could see i notiling wrong with what he wanted to do quid I s will don't. I am fully i �! avor of something being done to th �i houso that. has sat idle for so long i �i -md gond downgrade so fast because I I I. no oice has 'oaken care of it. We all i j maintain our property in that neighborhood and I feel that- the Wayl I' it is, is a disgrace to us all. I I{ � �I don't feel that this business would • detract from the residential use, in fact it mcv be just what that neigh. i i borhood needs. I I EUM BI,OMIGREN: I am Elmer Blomgren and I live at i' 404 East Seneca O"treet. I just want I �I �I I I !i ill II �I .I i -14•. i ii in the housing of Cornell students �I i when it was a real problem and I amI sure his intentions are gaud and he • will be an asset to the neighborhoo�i up there. THE CHAIR: Is there anyone else to spear on this appeal? None. This concludes the Public Hearing# w will now go into Executive Session. i I i II I i, i �� II i �i II i II 1 I • it ,I I I I II ;i i� II i I ii I� I1 EXECUTIVE SESSION, BOARD OF ZONING APPEALS* CITY OF ITHACA,„ 14 0VF."ABER 5t 1973 AFPEAL NO. 1028& MR. MARTINI I make a motion that the variance b denied. i j SIR. RASPRZAKa I second that. i' FINDINGS OF FACTS j1) There has been no adequate show- ing howing of hardhip to which special circumstances or unique condi- tions would prevent the land II ii from being used for the purpose specified in an R-3 zone# � 2) It has not been adequately established that to grant the j variance would be in accordance J' with the general purposes and intent of the Zonizrg Ordinance. 1� I VOTE: YES — 4 NO .. 1 . i i i I� I iI i i l I ii C E R T I F I C A T I Q N it i I DARL,,EN F. LISK, DO CERTIFY THAT I took the minutes of the Board of Zoning Appeals# City of Ithaca# in the matte of Appeal No, 1.928 on November 5P 1973 at City Hall, City of Ithaca, New York; that I have scribed the same and the foregoing is a true copy of the transcript of the minutes of it the meeting and executive session of the Board of Zoning Appeals:, City of Ithaca, on the above date, and the whole thereof, to the best of my ability. I --- I een F L s Stenographer Sworn to before me this O day of1,9* I i MARY 6 0166 talo.55.5270900 NO"t664$we of NOW York �G.wiwTwr Ai�erM 7R M 9`� i �I i I I� I h ii