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HomeMy WebLinkAboutMN-BZA-1973-12-03 I� 1( I 4 BOARD OF ZONING APPEALSs CITY OF ITH.ACA, CITY HALLS ITHACA# NEW YORK, DECEMBER 3. 1973 ..w.r.NCO.......MY'�r'M►�.riril.r�M .•MY�•.p Mllllri 4M�►+11!MMr�►�rir ►w tlllr�Mr�r�/.Ilr.Iw A ►�rr At a regular meeting of the Board of Zoning Appealer City of I Ithaca, held in Common Council Chambers, City Hall, Ithaca, New I York, on December 3P 1973E PRESENTS GEORGE HARPER, Chairman HARRY BORTZ C. MURRAY VAN MARTER GREGORY KASPRZAK PETER MARTIN ELVA HOLMAN EDISON JONES, Building Commissioner and j Secretary DARLEEN LISK, Recording Secretary Chairman Harper opens meeting, listing members of Board present. This Board is operating under the provisions of the City Charter of the City of Ithaca and of the provisions of the Zoning Ordinan. cost the Board shall not be bound by strict rules of evidence in the conduct of this hearing, but- the determination shall be found- I ed upon sufficient legal evidence to sustain the same. The Board requests that all participants identify themselves as to name and address, and confine their discussions to the pertinent facts of the case under consideration. Please avoid extraneous material which would have a delaying effect. fir. Jones will you proceed with the first case. Commissioner Jones lists what case No. 1029 is to be. kPPMh M1022t The Appeal. of Charles L. Wilson for an exception under Section 7, Columns 7, 11, at 1002 North Aurora Street in an R-3 sone. EDWARD ABBOTT: I am Edgard Abbott, Attorney, of the First National Bank Building, Ithaca, New York, Mr. Chairman, members of the Zoni Appeals Board, let me try to give you some background on this piece of property, several ears o and for ra y ago several years this property was awned and occupied by Margaret Baker who ran a nursing home on i I i i ' the second and third floors and the i w basement and top floors were one apart,* meet in each. Mrs. Baker sold the property to the appellant in this case , f E in 1969 and he merely made two apart,* menu out of the two middle floors which were used as nursing home rooms# The only noticeable change to the outside has been the demolition of a laundry room,p carport and garage on the north side of the existing building which was graded and blaoktopped for off-street parking spaces. This lot was laid out long before Zoning was ever in existence All the appellant wishes to do is to re- place what was there before the fire occurred. It is not feasible to have this building occupied as ,just two (2) dwelling units and the appellant is certainly not a nursing home operator so the only possible way for him to break even in his investment is to re- place what he had there. MR. MARTIN# The only problem is the land size? MR. ABBOTT i As I understand it, yes. KR. 'SAN MAARTRRc The Application indicates two (2) f Sections„ Column 7 and Column 11? UR. ABBOTT The other one is that the building oc- cupies more than 2�% of the Land. MR. MARTINI was an exception granted when the origi. nal conversion from nursing home to I apartments was made? MR. VAN MARTERs The application indicates that there has i I�I fI 2 "3,* never been a prev pus-appeal made on the property, item No. 4 on the Appeal i form. i M. HOUWS Could you tell us something about how a the parking area is laid out? MR. ABBOTT 1f you have the map there* it looks lake that jag on the north side was the laundry room and the garage and in front of it was a carport and they are all off s now so it is just even right backf you take that first jog off. That is all off and bia ktopped and has groom for about six cars there. THE HAIRS Ices the Board have any other questions' None. Is there anyone who wishes to speak in favor of this appeal's 1 None. Is there anyone who wishes to speak agairst this appeal's JBOB BOOTHROM For those of you that may not know me my j name is Bob Boothroyd and 1 a the presen Fourth Ward Alderman soon to be the Fifth. 1 would like to address myself to two questions tonight# the first one being the specific issue and the second one being the broader issue. T as not a lawyer and l don't pretend to be onot 1 don6 t try to interpret the law, Many of us are very. concerned 'about the deter•• ioration of our neighborhoods# about the loss of their residential character and lack of care by these absentee i ! landlords. This doesn't apply to the present property but I would invite any of you to 100k at some of the applicants other properties in the north end of town and tell sae whether he cares about the character of the neighborhood. I E won't go into the details but people are allowed to live in these houses that `.. are in direct v ,ation of our present inadequate Zoning Lawes and unfortunately unenforceable,. So I would like to go on record as very much strongly objecting j to allowing this variance on the grounds of past performance by the applicant. i That is my First objection and � ay.,,second objection is I would Like to see it kept I a residential neighborhood. Thank you. . VAN MARTBRt Do you think We a fair statement to I make this kind of a judgement related to the property as gelated to the proper I owner? MR. BapTHROYDo I only know a lion by its stripes. MR. VAN MRTRRs Can you suggeat how the character of thi i particular neighborhood as related to this house might be changed if it's ac.* oupied by six (6) dwelling units? MR. BOOTHROYD# I don't think embody in the north end ! Of town would know that; oar could answer .t until after it were to actually happe I think what I am really obJecting a in the condition that the property is presently kept in, MR. , BORTZ i that is your address Bob? BAR. BQQTHRGYDe 807 North Cayuga Street; ...0 RANK SCALBSs I am Frank Scales of 111 Queen Street, Ithaca, New Yorki I have lived down there for 39 years, That street wasp at one time, just everybody that owned their own home lived in it. In other wards we ` were never told that they were going to put in a nursing homes they gust did. The same thing happened with the tour spartmente, we didn't know anything about that until after it was done. Now as far i parking six the as ' p ng places#, it is a big lie. You can't put six cars in there as I said at the last Tuesday night Planning Board meeting. It would just be impose» sible to fit six care in there. R. B©ATZe Is there room for four care at that address? • SCALESs I believe you might possibly fit four cars in there but certainly no more. �ARREN GRINNEM# I am Warren Grinnell of 114 Queen Street, Ithaca, New York which is adjacent to 1002 North Aurora Street. when I first moved there in 1944 the building in ques• tion was a two-story$ two-family house, i then of course to the nursing homme, and then to what it has been recently, I have a petition here signed by most of the close neighbors down there which we would like I to enter as evidence. Exhibit #1. t November 27# 1973 To the Board of Zoning Appeals# We, the undersigned, respectfully re• quest the zoning board to deny the request of Charles L. Wilson for an exception to i 6. i .M 1 I Section ?, Column 7 and 11 of the Ithaca City Zoning Ordinance concerning the property known as 1002 North Aurora St. t Ithaca„ N.Y. for the following reasonst 1. Granting of a four apt. house in our area increases population density i and depreciates all property values in i the vicinity for the benefit of one absentee owner. 2. Granting of the request would be another in the "Inching Process#" of { the deterioration sof our basic resideno tial area OW accelerate the degradation \.. i of our neighborhood at our expense. Florence R. Grinnell - 114 Queen St* Frank M. Scales 111 Queen St. Dorothy M. Freund w '1025 N. Tioga St. Gladys E Rich 1013 N. T109A St. John Hartnett 21.2 queen St, Mrs. Bernice Hartnett- 21.2 Queen St, Mrs. Josephine Banfield . 106 queen St. Jack Rich - 1013 N. Tioga St Mrs. Charles Tuckerman •» 1001 N. AuroreS . Charles Tuckerman - 1001. N. Aurora St. Rita D. LaRock .. 101.1 N. Aurora St, Frank LaRock o 1.011 N. Aurora St* Ma.thelo Ch less - 920 N. Aurora St, Norma Charles - 920 N. Aurora St. Luella T. Scales - 111 Queen St. Warrents Grinnell «. 114 queen St. M E. Bristol .. 1009 N. Aurora St % H. Bristol « 1009 N, Aurora St. 1 MR. VAN MARTERt when the nursing home was in operation i there were 20 to 30 beds which were certainly all occupied# could you desk. cri.be what kind of parking problems there were then? MR. GRINNELLe There was no problem with the parking because none of those people drove* MRS. WARREN GRINNELL* In the first place when Margaret sold the house to b+ir. Wilspn# fir. Wilson turned the first and second floors into apart. j mennts%ithout a building permit. I knew i because there were four flours and there were lights on every night on the four floors. After the fire Mr. Wilson obio, i tainad a building permit to replace tws}3► I I 1 of the apartments and supposed that was okoy but I was also under the impre «* sign the o no one was supposed to lure there until this walk all approved but I do see thelights on and people living in there. A point brought up at the Planning meeting the other rdght which we didn't know before was that the building covers erre than 23% of the l d which means that he is actually asking for two exceptions. We had trouble getting the lawn mowed this summerp it i got to be three and four feet IAgh, and I then was had to call the City and they ha to order him to out it. Then he kept it cleaned up pretty good until the Firer and then after that it was at least three months until it was cleaned up. THE CWR I Is there anyone else to speak against i this appeal? i None We will now go to the next Calow, f � I 3 f r� II EXECUTIVE SESSIGW v BOARD OF ZONING APPEALS* CITY OF ITHACA,# UE* CABER 3s 1973 APPEAL Nfl. 1029l I MR. MARTINI I move that the request be denied. f MR. KASPRZAK# I second that* 9 MOMS- QF 1) In view of the eVMW neighborhood testimony we cannot find that the 0 exception would be consistent with the spirit of the Zoning Ordinances 2) The applicant has failed to establish that difficulties$ not of the owner+ own makingo render compliance with the Zoning Ordinances density requireo ! ment unreasonable. � VOTEs YES 5 No I i i i f i II I w�lr 1 BOARD OF ZONING AFPHALS# CITY OF ITHACA# CITY HALL,t ITHAGA! NEW I YORK# DECEMBER 3P 1973 wr...►w +Ir w�lw»+Iwr.wiMM.dr«i+wr+Y•M« «.n•a.,►wr .f+►w«r ..+wwtrr�Mw.s+r+w +w+wwr r►rnWoo Commissioner donee lists what case No. 1030 is to be. . "a .� jkO# The Appeal of Louis K. Thaler for an exception under Section 7# Columns l2, 23„ at 309 North Tioga Street In a &•l acne. 1 RICHARD THALFRs I am Richard Thaler of Thaler A Thaler of 309 North Tioga Street* Ithaca; New i York* we are asking first of all for exception to front yard parking as our address is 309 North Tioga Street and that is the front of our building and also the only place to provide off stree parking. Our property does go through t North Aurora Street sty we cold Very easily take an Aurora Street address and call Tioga Street the back yard where the parking would be allowed, Our reason for asking for the exception is to keep the ewe address simply because everyone associates Thaler & Thaler with 309 Noft Tioga Street. The second exception is to the side yard requirement. we need I to build the new part of the building in such a way that the elevator will acsccm" modate 'both parts and that will p09 the addition to within two feet of the lot line as opposed to the required five feet set forth in the Zoning Ordinance. VANMARTER i Mr. Jones is there any question in your mind about this front yard# could he get a pert if he gets this other? 0001ISSIONER JONES t Yest he could. i FSR. VAN MARTBRc The restriction on parking in the front yard applies only to a residential die4 f trict? CommISS:rONER JONES I don"It read it that way. MR. 'VAN MARTRRThen he can't get a permit unless he get this. THE CHAIRt Is there anyone to speak in favor of this appeal? +I None. Is there anyone to speak against this appeal.? WALTER WIGGINxS a gatname is Wlter Wiggins and I own the property to the north and am concerned 1 about the request for exception to the side yard. I am concerned ,if there is indeed an impossible situation and whether the building canOt be built without shifting it three feet to the south. I am unable to tell from the plan whether it is a necessity to eli- minate the five foot side yard require. merit. We have no objection to the front yard set back we understand that to join the two buildings you have to have the parking somewhere. I would like to support that requesti, However, I believe I would have to have some additional information before I could support the side yard request. I MANLEY TXUZR# In response to Mr. Wiggins# the new bull([. Ing is tied into the old Wilding at an area where an elevator cam be installed f to give access to both b4ldings and t I l� there is only one place where that can be done and that is where there is a fire door on the second Floor and the 0 I architect has tied the two buildings together at that point and there is no way of shifting one way, or the other, we are within inches of ging the two i buildings together and that is the reason for the request for the exception. MR. WIGGINS s ,From my point of view the difficulty her is that indeed I see the purpose of the Ordinance which is to provide light and air between buildirgs and in order for us to maintain the ten Foot space between the two buildings means reducing our available land for construction. I just am not able to respond inteli&ntly to Mr. Thhalers concerns because I can't tell from the plot plan whether or not what he is suggesting is the only posy. sible solution. if it les I would with.. drag our objection, I wouldn•t rant to prevent him From constructing his build• ing but I would like some sWitional in. formation to make certain that indeed there is no other way the building can be built by shifting it the three fent to the south and permit us to maintain the Integrity of our land as well: RICHMM THAM t The only thing that I cyan add to what cny brother has already said is that in i talking with the architect and trying to place on the property the structures which i I i i would be for use as offices, to do it in a modular concept, there was no other way of maintaining the driveway or ac- cess from both streets for fire appara. i tus as well as for traffic flow and not have the two foot exception. Mr. Wiggins* concern is not for the entire north line, his property dues not bound the entire north line of this property plus the building does not go the entire dis- I tante. There is only a relatively short distance where the two feet exception borders on his particular property as far as the building itself is concerned ,and in the area where it is two feet, this is the area where the two feet is actually more restrictive than ghat is there presently. What is there present. ly is a brick garage which is set right on the line and so therefore I think this is one additional reason for grant. ing the two feat exception. The Planni Board indicated that they felt that that was acceptable I might add that if you look at the other structures that are on this street on the same side there is no building on North Tioga Street at the present time where there is a five foot seta+back on both sides of the property i line. NSR« WIGGINS& I am sorry but without additional infor* mation# we are unable to consent. i DSR, VAN URTERs Can you paint to anything that prohibits parking in front yards? i I 1 COMMISSIONER JONES r Section 9, 4a--Parking in yardo. in a21 zones a parking space may be provided in a front or side yard if the following i requirements ars metr a--Any such park.. ing space is perpendicular to the curb 4 line and a minimum cf 22 feet in depth f I measured from the property line, and no wider than lfl Feet. Por each lot 54 feet wide or less there may be only one such space provided; for lots wider th 50 Feet no more than 2 of the width may be used for parking. MR. VAN MARTER's -1 Thankyou, THE CHAZRt A y other questions by the Board. None. We will go on to the next ease. I i r t I i I EXECUTIVE `aESSION, BOARD OF ZONING APPE.A,LS, CITY OF IT11ACA0 DE. t CEMBER 3r 1973 I AEPEAL HiQ 1030 i CHAIRMAN HARPER# T make a motion that the exception to parking be granted. MR. MARTINI I second that. MAIMS. 29 M11, 1) Since the property could be given an address which would make this a 'hack yard on which they proposed park ing would be completely appropriate, granting the exception would not do violence to the spirit of the Zoning Ordinance; 2) Location of the sturatures makes it impractical to place the parking are In some other location. i CONDITION ATTACHED TO THIS EXCEPTION$ The screening of the parking lot sal be dictated by the rules of Zoning and Neighborhood Parking Lots. VOTE* YES - 6 No # C MR. MARTIN: I move that the side yard requirement exception be granted, CHAIRMAN HARPERS I second that. J .0 l) given the requirements imposed by the meed for elevator service to the existing buildings it is imp+actioal to build the new structure in full compli.an:ce with the side yard require. montj I i 2) Since where is a garage which I already abuts the property line and mfr of the buildings in the area lack the full set-back, granting the exception would not create a condi• tion seriously out of keeping with theneigh'borhood. VOTE# m - 6 No o I i ! I i i I i t ! j BOARD OF ZONING APPEALS* CITY OP ITNACAj CITY NALZ„ ITHACA# NEW YCRK,p DECEMBER 3► 1973 Commissioner Janes lists what case No. 1031 is to be. �► 1221% The Appeal of Evelyn, J. Stiump for an exception under Section 7., Columns ? e at 518 Meet Buffalo Street in an R-3 zone. RVELYN STAMP# l am Evelyn J. Stamp of 802 Rector Street i and I am a realtoro we own 518 'deet Buf `. fal.o Street and we would like to convert 1 It into three efficiencies and one, one bedroom, I feel there is a need for something for the single working person downtown and single student and we would like to be able to do this to the place we own. Are there any questions. MR, MARTIN# What is it now? MRS, STAXP* There are two large rooms on the second floor and one single room to the front on the first floor and thea three rooms in the back that I want to hake into the I one bedroom apartment. THE CHAR Now about parking? MRS. STAMP$` There is plenty of parking, it is a lot 48 feet by 198 feet. THE CHAIR! Is there room to get by the side of the house? S TAMP# yest, �-' I THE CmaR l You are only 496 square feet short, is I that right's MR. MARTINS In ander to grant a special exception` we ha ! to be shown some r$ ► why it ! is impossible to comply with the Ordinanog. i i I' k t MRS. 5TH"# I could get by with fewer units but 1 f just felt that this is something that we need. It won"t make any more people I In the house, in fent I think it would lt� be lose than if it were used otherwise* MR. MARTIN& Can you teal us �t s adjacent properties? MRS. STOP There is a duplex an one +#aides, there is a single family an the ether side and there are duplexes across the way from its, around the corn or there is multiple dwellings* THE CIUR# Does the Board have any ether questions? None. Is there anyone who wishes to speak I against this appeal' None. Is there anyone who wishes to speak in favor of this appeal? ANTIONETTE SELIZAS# I am hntionette Sellers and I am the home owner of 520 West Buffalo Street which is practically about twelve feet between 518 and 520. T have never had an absentee landlord upgrade peopiorty like these people have. I am all for what they are desiring to do with that property. We dont have any trouble with the neighbors# the only stipulation 1 I would like to make is if we have park, I g problems then they would have to utilize their lot but you have never y seen anybody work on property like these people. i f THE cHArRt Are there any other questions by the Board? E None we will go on to the next caS%- j I i i i ! I f 1 I i i i e EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, Drs- CEMBER 3# 1973 Azu CHAIRMAN HARPER: I make a motion we grant the exception. MR. MARTIN r I second theft. I � l) The square footage requirement is lees than 5% deficientt 2) Off-street parking is plentiful on the lotj 3) Testimony was received that it would not in fact change the character of the neighborhood. VOTE t YES k NO 2 i I I i I i t i BOARD OF ZONING APPEALS, CITY 4F ITHACA* CITY HALL, ITHACA# NEW YORK, DECEMBER 3# 1973 rrrwr+w rrwrrrrr�.rrr.i►.w+1.+.rrarrw•��ill.rsrrr�rittl►rrwrrws.►rYR.Nrrrrw..Yr+rrMwww+.wMr i THE CHAIR# I would like to read a letter before we go on to the next case. 141 Pearsall Place Ithaca# New York 14850 December 3# 1973 Mr. George HarBer Chairman# Board of Zoning Appeals City of Ithaca Dear Georges This is to advise you that because of my interest in appeal #1033 submitted by the South Hill Civic Association I rIsh to be excused from the hearing and delib erations in this case. I will, howevers participate in the hearings and delib- erations on the other three cases. Yours truly# Elva W. Holman Commissioner Jones lists what case No. 1033 is to be. APPAL NC., 10331 The Appeal of South Hill Civic Association for rr w�.wr i ..r. an interpretation of Appendix A# Section 20 Definitions - "dwellings" and "Neighborhood parking area" at 241 Prospect Street in an Rr3 zone. LEON ZAHARISs My name is Leon Zaharis and I live at 412 South Aurora Street, Ithaca# New York and I am here on behalf of the South Hill Civic Association. The South Hili Civic Association is requesting the Board of Zoning Appeals to interpret the terms o "neighborhood parking lot" and "dwelling i because we believe that the granting of Permit 1433 allows a use incompatible with a residential neighborhood which Ii can lead to deterioration of the area, I South hill is unique in that industry existed before zoning therefore B-1 sone exists adjacent to Rr3 zone. If the I Zoning Ordinance is not Interpreted as it is written and in the spirit in which we believe it is meant to be enforced, i the south hill areafn becomes liable f to encroachment of business and indus. trial uses in residential areas. In I addition we are concerned by additional traffic being generated at this inter. section. Prospect Street is one-way going west from Hudson to Columbia, traffic must therefore move into Aurora Street unless the City adjusts traffics flow. The residents recall accident records that this intersection holds. The ,granting of this permit therefore ignores the community objectives of safer streets outlined in the stated purpose of the Zoning Codes and Ordinane s. MR,. MARTIN# What would you like to persuade us that a 'neighborhood parking lot" means? ASR. ZAHARISs Day intention of a "neighborhood parking lot" is anyone in the neighborhood can use it. MR. MARTIN: What is the understanding that you are disputing? MR. ZAHARISs We understand that it isn't. we under•► stand it is for the adjacent B-1 sone; MR. VAN MARTHR$ How did you arrive at that conclusion? Have you looked at the permit air? MR. ZAHARISt No sir, I haven't. MR. VAN MAR,TRRst Have you read the letter from the Build- in,g Commissioner addressed to the owner? UR. ZAHARISs We read the letter and we still understand r I ' , that the business is allowed to park there # the business has a preference of parking there. MR. VAN MARTRR# I didn`t get any such implication out of reading that letter. MR. ZAHARIS: Well, we seem to have. Also the people object to the parking lot being put there in the first place. I MR. VAN MARTER# Co you think that second thing you Just i 1 mentioned is a valid objection or is this a criticism of the Zoning Ordinance i MR. ZAHARISs Well we are criticizing the Zoning I� Ordinance too. i MR. VAN MARTER: You heard the Mayor mention that there i are being hearings held eta that those li thoughts which you would like to impart i would be heard by the Charter and Ordio. nance Committee of the Cammon Council? MR. ZAHARISs No air. MR. VAN MARTERs Well they are currently in progress and there will be more, I think this a good time to present these kind of thoughts that you have, MR. ZAHARISs I"m sorry#, we did understand that. } MR. MARTINI What I have difficulty understanding is I whether you are unhappy with the ruling of the Building Commissioner or with the terms of the grant of the permit. ! MR. ZAHARISs The Civic Association is very upset with that ruling of allowing the lot and allowing the house to be torn down. MR. MARTZNt But that isn't the substance of your re- quest for an interpretation. Your issue before us concerns what's there now? I I i ..19.. MR. ZAHARISt That's correct. And what's going to happen next. I understand that there Is work going on now for another house ! in the neighborhood to put another parking lot in. Below this parking lot. MR_. MARTINS As l read the Building Commissioners Ii letter he said that this lot was to be i { used as "a neighborhood parking area." i That"s what you want too$ right? MR. ZAHARISt well we didn"t what that in the first place, no. But that is what we are asking for now. 1 MR. URTINt You are not appealing from his decision? MR. ZAHARIS# Well you can't put the house back* what we want to do is really avoid anything like this happening again. There was a good house there taken down for prac"* tically no reason at a.l i I wean it could have been a show place really it was a beautiful place atone time. It hadn"t been kept up for several years because no one lived there for a couple of years, MR. VAN MARTHR t Ido you understand that the Building i Commissioner does not have any authority over this kind of exercise and is this i ghat you would like to have cured? I would like' td divorce the removal of the building from thio part of the question if we can. MR. ZAHARIS# What people can't understand is how a businessman wont in there and put a parking lot in an R-*3 sone. { i r -24.. MR. VAN MARTERf we are not asked to interpret that. I r MR. ZAHARIS# Yes sir. THE CHAAIRs I think we ought to read a couple of these definitions from the Ordinance. First the "Neighborhood Parking Area"--An are I on one or more building Lots devoted to i oar parking for occupants of adjoining or nearby dwellings and their guests. SIR. ZABARIS# Okay# that's dwellings# now is Parks a dwelling. THE CM1R# "Parking Space",•,»One off-street parking space available for parking of one motor vehicle and having an area of less jthan 180 square feet exclusive of passageways and driveways appuftensatt. thereto and giving accepts thereto. I "Private Park:Ing Area"­*An area devoted to car parking by the occupants of the dwelling located on the same building lot. "gelling",*,•ehall mean any build- ing or structurei, or part thereof, used and occupied for human habitations or intended to be so usedi and inclades any appurtenances 'belonging thereto. . ZARARIS# Okay* that'$ not a business. THE CHAIRo You mean itis not human habitation? MR. ZAHARIS* That sounds more like it"s for a home. SIR. KASPRZAKs I think the main issue is that the owner is in a business Rhone" sand the parking lot is in a residential *one. This is I a neighborhood and this is a neighborhoo but they are totally different types of neighborhoods and t guess it's up to us i -2i- I to decide whether a commercial neigh- borhood can use a residential neighbor- hood for their purposes. Am I right? MR. ZAHARISv That's correct. DSR. HQRTZ: Are you saying that you were denied as i �l a neighborhood to be able to park there? MR. ZAHARISI No# I am not saying that. l THE C AIR# Do you feel that that parking is neves. V Ii nary? I MR. ZAHARISs, I feel the neighborhood can use it. THE CHAIRS Do you think it was necessary before tha. tore it down? In other wards,, do you need thatparking area? MR. ZAHARIS: 1 feel We a shame to tear the house down and the way that the City popula- tion is going downhill and there is a 1 building that was torn down. THE CHAIRtr ,But-that isn't ghat weLare here for. MR. ZAHARISt N% that's correct. j THE CHAIRt You don't runt to answer the question whether you .feel that that parking lot is necessary? MR. ZAHARISt I don't know. That I can't tell you whether it was necessary for Parks Industry or the neighborhood) the neighw boyhood is crowded with care but every. one seems to find a place. THE CHAIR: Is there anyone to speak in favor of { this appeal? ANNA: JONES* Ply name is Anne Jones and I live at 502 Turner Place# Ithaca, ,New York. It is my understanding that ghat is being asked , of the. Huard of Zoning Appeals tonight is an Interpretation of the word "dwelli " i I I! w as it currently exists in the City Zoning Ordinance and the use of the word "dwelling" in the definition of a "neighborhood parking lot" also in the City ordinance and to further clarify where the use of these terms does, in fact, enhance the value of the Ordinance in terms of the City. Noir as it states In the zoning Ordinance a "dwelling" f hall mean any building or structure, or part thereof. used and occul*d for human habitation* or intended to be iso used and in relation to a "neighborhood parking area" that is a parking area for car parking for occupants of adjoining M or nearby dwellings and their gusest and-=it,is my understanding that the interpretation of the woK -dwelling" I c and its use in that "neighborhood park. ing lot" which is at question. I talked to the office of local government track on the 15th. of November in an effort to find out what they thought about our definitions in our Ordinance# if our definitions are not cor3recto, then it is perhaps up to us and incumbent upon us to provide the Zoning officer with clear r definitions. In my conversation with Bernard Trembly who is in the office 1 of local government in Albany he said It was absolutely clear to him from the ' definition as I read it to him over the telephone that a "dwelling" was a place in which you lived and slept and ate. X23«► He asked for a copy of the "ening Ordinance which I sent to him on the I i 15th of November and he said that he would respond to my questions which are the questions which are the basis of the appeal to the Board tonightl that Is the definition of "dwelling" and "neighbor» hood parking area." I sent him a copy of the Ordinance with my questions and on the 28th of November when I had not received his answer, that is I wanted it in writing to bring it here# I called him again and even as late as this morning he told me that it had been mailed to me here on Friday. You will have to take my word for it I do not have the letter. However# I would like to add one other thing# that in my con. Ver6ati One with Mr. Tremblyr he pointed out to me that the Definition of "famil and of "neighborhood parking tat" were so clear to hii and to others in Albany that the zoning Ordinance with except that those particular definitions in the Ithaca City Zoning Ordinance are often used as examples of clarity. MAYOR EDWARD CONLEY# I am Edward Conley of 1349 East State Street# Ithaca# New 'York. At the Plan. n ng Board the Other night there was a definition given of "neighborhood Perk.. ing" that spelled out# had some wording � in it that it could be used for co mmez`- cial use and the way it was read# the �I I I�r if o►24,* way I understood it at the Planning l Board meeting it referred to the fact that commercial meant that you could rent those places to the dwelling units i in a neighborhood area but had " men•• ? tion of commercial use other than the dwelling units and that's the section that I asked Ed to read that spelled-ft the commercial use. COMMISSIONER JONES* Well unfortunately Mayor I am not going to help you here tonight because I went through this and it"s net in this one but it is in the one that we have down«• stairs that Is not adapted-.70t. iYOR CONLEY# It was in the one that you were referring to and meed upon the lather night at the Planning Board. The only thing I want to futther say' is. that when this i first came up I became involved after the applicantcamein and asked for a demolition permit which he was grantedt he made known to me a letter that he re.- oeived from the City Engineer and .the Building Connissioner prior to him even bum the houses it was a letter dated September of 1971 that stated there was no objection to building a parking structure in that area* He bought the house ins, I thine December of 1.971 and looked at alternatives of fiacing the house up and cams back in to the Buildi i' Commissioner and asked for a demolition I permits it was granted and the house was i halfway dawn when# some knowledge in the i i ."25— neighborhood of what was going On was ! happenin€ # questions were asked and all 1 of a sudden this at that point became an issue. 1 didn't even know that the house was coming down$ X didn't know that i t the permit had been granted up to that point, which there is nothing wrong wl that and there is no reason why I shoal have known, At that point the applica came and asked sae about the situation, what should he do, and 1 called the Citv Attorneyl the City Attorney# the Build- ing comissionerp the applicant* Woolf sat down and looked over the whole si tion and the interpretation that we rew ceived at that time was the fact that 3.n a residential sone you could construct a parking lot and there was mention of the word commercial which was very ne►bu-P lous the way it was mentioned and that It could be construed to mean that it could be used for commercial purposes. At that point the City Attorney drafted a letter that was to be sent by RHP to i the City that statedi he drafted the le ter that the Building Commissioner wrote to M mentioning under what conditions we would grant per4ssi+pWto build a parking lot which spelled out the fact that it had to be open to the neighbor hood at all times and all that but at that point there was no mention made to the applicant, at that particular xeotir4t which ,gage him any indication that--he Wu I �I t -2 1 talking about dwelling units and only dwelling unites the only dwelling units the only thing 'that he was lead to be- lieve at that time was that it would be perfectly y alcceptable for him to use it for office use in the daytime and it could be used for neighborhood in the evening# that really didn"t satisfy the U i I Building Commissioner or the City At,- Corney, the City kttorrney made it be written so thatit meant that it would be open to the neighborhood at all the i res. times but alsok receivedmp sion that they could also use It on some sort of come first some serve 'basis and that in times of snow that they would remove the snow and they only a than the neighbors would get their cam out of the lot so that it could be I cleaned out pricer to its daytime use. It 90emsd to be very clear at that point and W proceeded at that point to go , ahead and construct his parking lots he i went to the City Engineer and was grants ! aM curb out and was told exactly what he i Would have to do to get a parking lot built with proper drains and all that, he met all those conditions# and now he Is in a uniitue situation that he has a Viking lot all developed and all built and now We o situation where interproo tation. of the spirit of bur'Ord nance and the meaning of our Ordinance and the f } i I warding of our Ordinance has got him over a barrel because he has invested $40*000 in a parking lot that could very easily be construed or meant not to include his business. I think that is a vier' difficult situation but I thinly I the his tory# as I know it# of how he got to this paint and I agree with everybody that We a terrible intersection to put a parking lot* When he did it, it was made known that he would have to put screening around it and screen it from the neighborhood and the shrubbery and he has agreed to do all of that and all the proper setbacks and everything else he has met all the other stipulations. I just warted to clarify the predicament that not only an I put in and he is put In and I think that he was working in good faith with the advice of our City Attorney# and also the Building Commis» sioneri and also our City Engineer. on j two different times he received verbal assurance from the Building Commissioners* office that it would be permitted$ that particular use in constructing a parking lot there. Certainly everybody knew ghat he was building it for. I mean nobody thought for one minute that RhP was building that parking lot strictly for the neighborhood. The Planning Director and Assistant Planning Director were in on this and list0hed to the same interpretation as the City Attorney read and lir. Jones read at thgt time, i i Ij -2 I MR. VAIN MARTERt Are you. familiar with"-the letter that came from the Building Department to the f owner's MAYOR CONLEYs Yes. MR. VAN MARTERt Are you aware that there Is no reference in here to be used by other than neigh. borhood and no such word as commercial' MAYOR GINLETe I didn't read it that closely and of course I wouldn't but I know that the City Dorney felt that he was writing a compromise that it could be used in I I the daytime by RHP and at nightotime by a the tenants, in tither words the use would be there all the time. I don't I know the wording of that letter, all I know is the framework of the converea. titan but certainly if that had been the framework of the conversation exactly the way that that fts written then RHP never would have proceeded to build a I parking lot and invested that kind of money in a parking lot that was of no use to them. MR. VAN MARTERR I would like to exclude the ward cam. mercial from any discussion that takes 1 place here tonight$ it doesn't appear I in any definition sof a parking lot* it has not appeared in any discussion ahead of this suggested here tonight and is only in some Ordinance proposed for the future. If we use it tonight# we are going to confuse it further than it is presently confused. i I r CAROL DONNICHSR'N o Tilt name is Carol Bonnicheen and I live at 507 Turner Place, Ithaca., New York. l I would like to fill in a little bit of background about this case so that yowl 1 know just exactly why interpretation is Y 1) being asked for. We ask for interpre. tation because nothing that has happened In regard to this demolition permit this L building permit went to a public hearing. I believe even the CO-OP exception went to a public hearing. 4n November 23rd the south Hill PTA$ and the South H u Civic Association came before the Plan- ning Board, now the neighbors and resi. dents in the area had just discovered that this building, this large residen• tial building# was being demolished. Nobody knew that it was going to happen, they were very very concerned, we found out* mainly through the rumor mill, what was ,going to happens that there was going to be a parking lot built there for office use. Nowa, may I point out that across the street from this area is a B•2 zone the area where the structure was demolished and the parking lot is ,going up is in an R-3 residential zone, Theme are houses on all sides# We were very concerned because of the loss of the house} the destruction of a residen- tial neighborhood) we were very concern about the fact that any parking structure i could be put at this intersection. There f i Is parking in the D-1 zone across the street. I think you have all seen this intersection of Prospect and Aurora and it is difficult to cross on foot and it* almost impossible to cross Aurora Street from east to west or west to east from any of its feeder streets, Columbia, Pleasant, between the hours of 3130 and f 534 because of the bottleneck of traffi which comes down that hill. Now here we are going to hev© proposed more traf• fie# more care parkirig, more cars being dumped into this lower section of Aurva which licks up the traffic. Vie were con cerned -about =traffic accidents, we were concerned about our children. We wondered what could we do, we tallied to our alder. men, we said would you find out about this„ our aldermen were veer generous with their timer we found that a demo. li.tion permit had been issued for the destruction of this building. It was asked at this tire, had there been a building permit issued, the answer was no. 114-ow on November 23rd the Planning Board had a meeting, this was the first public meeting of any sort that we could I find to express our dissatisfaction* f right after the destruction of this buil «. Ing. This was on November 23rd# are hand delivered letters to the Mayors to the Planning Board, copies to our aldermen# we asked for their immediate attention f f ..31.. to the fact that this house had been demolished and we understood that the owner of the property intended to make i a business parking lot out of this prop,. I erty. While we were at the meeting, the people on the Planning Hoard were dismayed to learn that a house had been demolished# they agreed with us that the Interpretation of "neighborhood parking area." was very clear and dial not admit to having business parking in this area. On, November 25th, two days after this meeting, with the letters delivered to the Payor, the Planning Board, it was reported on the radio and the press, two days later on November 25th, the building permit for this parking lot was Indeed Issued. Now nobody wants to question the deci dDn of the Building Commission except 1. l wish to question this be. cause I believe that the man had the choice to say no. He knew what was going to be constructed if he had said not perhaps a variance would have been asked for. This Is a personal opinion. Now work was proceeding at pace# we wondered I what we could do. Our neighborhood is being gobbled up at the fringes. This happens in other areas around town# one little piece here, then another piece. We fell, again through the rumor mill, that there were other property owners who would not be adversed to selling out i I -32- for the same purpose. We thought what can we do. This had not come for a variance, we didn't fee3.# not knowing the legal implications of what we could or could not dog that we could come and, say. reverse the opinion of this Board since it had never come before this Board. We were not asking for a build- ing permito that is the reason why we ask for an interpretation. We know what the interpretation means, the Planning Board know what it meant on November ` 23rd, the Planning Board seemed to know very clearly what the interpretation of I these definitions rant last Tuesday nigIn. So the question is# if everybody knows i what the interpretation lisp how can we let this use of thea property continue., Now we get into the question of a lot of money has been spent# well this is the same reason why a lot of people come be*• fore you with other questions of haardghi 1 to take a home# make it into four apart- ments ask for an exception a family has been living in there they come and say that's the only way I can make money, it's a hardship* Now of course here again money has been spent previously but then again this money has been spent on a promise which was agreed upon be. trreen individuals. Z am speaking about individuals in the City government deals with private individuals or with i i -3 individual interests which they had. no �I right to make a private deal which is 1 contrary to the Zoning Ordinance and I feel that the interpretation has to be f strictly adhered to sty that the integrity of our neighborhood can be maintained i and the integrity of our City can be up• hold as far as the Zoning Ordinance ie concerned. MR. VAN MA ERs Are you familiar with the letter addressed to the owner from the Building Commissio er? M. BOMaCHSEN t Yes I am. y SIR. VAN MARTER# Have you read it thoroughly? MRS. BONNICHSEN# Yes I have. i MR. VAN MTER s Do you understand it clearly? S. BONNICHSENs Yes. MR. VAN KARTER c Any reference to commercial use? M. BONNICHSENt No.. Mit. VAN MARTERi Any reference to RHP? MS. BONNIGHSENc Yes they signed it and armed to it. R. ?'AN MARTERt No reference in regard to the use of the adjacent commercial district? I� MRS. BONNICHSEN it Let me answer in this way# I'm not c omi. to you with a legal. brief or anything i•m coming with my opi and the opinions of my neighbors as expressed to mai That letter states, by adhering � I to Ito it states that they have spent some $40#000 to construct a parking lot for the use of the neighbors in that area . The definition excludes their use# okay f we say they signed it fine we want them i I to held to ito we want them to hold to i i i 1 it to stop this erosion of neighborhoods and subversion of the Zoning Ordinance in the City of Ithaca. MR. `SAN URTER Are you generally f'a#liar with the difference between the administration of permits and enforcaementF rocedures? MRS. BONNICIMEN t Let's s say this definition Its for enforce ment purposes. Yes i understand what you are getting at, are you referring to the fact that the Building Commissioner had to ,grant this permit? . VAN MA TERs Not at all# I an just suggesting that i the process for a permit is one thing and the enforcement thereof, I an taking the attitude of what I've heard now and what I've seen that there is no violatiolt, there is no condition for the permit and that what remains is if the lot is open and operated it is a matter of enforce. i ment. M. BONNICHSENr That`s correct. what we were asking for we are bringing this to public attention we are saying if the definition is up• hold the way it is written it is easier to enforce* We are not claiming that the purchasers of this property are gull of any v ong doing but we are asking that the interpretation that is stated in the Zoning Ordinance be interpreted as it is written so that if necessoxy, the nigho boyhood can enforce this through 000pera. tion with the Zoning Officer to see that there is no violation, i ANTIS VAN TIENHOVENa My name is Artie VanTienhoven and I live at 9 Hudson Place# Ithaca„ New York. I think there are several issues here that have come before you. The first one is that the South Hill Civic Association asks for a strict interpretation for the Zoning Ordinance as it is written and as .t is oo=only understoodi that is the word "dwelling" means a house of aresiden e and essentially this is what the Zoning i OrdirAnce on pW 3 says and Mr. Jones has already read this to you so I don't have to read It to you main. The same applies to the "neighborhood park W ar It says an area on one or more building lots devoted to car parking for occupanti of adjoining or nearby dwellings and the guests. Now I am making the same ass tion that error Conley has statodi is that Shp did not build this parting lot for the neighborhood and excluding him* self from its use. If that is indeed the Interpretation of this letter# which I haven't seen] probably because gentle. men donOt read each others letters# then I am sure we can live with it because We are not asking that the parking lot that now exists be . We also` broken u � P are not implying that anybody has acted not in good faitht but ghat we are asking,, is that this Board confirms the interpre ta.tion that is given here in the Zoning Ordinance and the interpretation that l the Zwdxg Board apparently also has i { given, It doesn't say only but it is j clearly replied that it means only for neighborhood dwellings. The other issue to which I want ,to address myself is that I this is a Board of appeals now two appe have been made to this Board, one is our appeal that is we are asking you to coni• firm the definition which we have under► stood and which apparently many other ' people have understood. Another appeal is 'tieing made to you indirectly as a clarification that Is that a lot of moner has been spent but I think that this is an erroneous type of appeal that is being made to you# I mean# what pm are being asked to do is to, and I h&** to use the word really but I aan*t think of another I one because English happens not be my native tongue: is a coverup of the mis-► takes that have been made and I dont meana, coverup In a sense ,that it, isn't open or public but it is essentially try ng to salvage a number of mistakes that have been made in the interpretation* I can' understand thiso it seams to me that if a lawyer is invo3ad It cleanly states "neighborhood parking area" and that implies that commercial can be made of thisto if somebody wants toput up a : 'k Ing lot that he can charge vent for it as long as it can only be used and only be used by people of the neighborhood i I , I f J I dwallings. Now as long as RHP is not I I a dwelling$ and I think all of us can agree that it isn*t a dwelling, then RHP ean't use it. And in that sense it canes not be used for "commercial use." But it doesn't say anywhere that nobody can I charge rent for as, parking lot that he has built. Thea it has to be used only and only by people that live in neighbor*. hood. dwellin sp that is the residents of the buildings that are close to that parking lot So that"s all we are as s, now if somebody misinterprets that and then gives that misinterpretation to somebody else who then acts on it then that is too 'bad. T regret it# but I think that nobody that livens in this neighborhood whose very livelihood is also at steak the value of their hoaxes are at steak has not been asked for this So why should the $40#000 of RHP outweigh all the property values of all the neigh* hors that are in that neighborhood that have never been asked that have tried every passible way to try to appeal to i you and to all the government bodies that were involved. And this their final plame where they can make an appeal and I am supporting that appeal. ADAMANDIA DENTES s BV name Is Adamandia Dentes and I live at 207 Prospect Sttreet# Ithaca# New York That las on the street where this parking lot haat been built and I think those of i i t -38- you who have Lived in Ithaca for & number ofy ears will remember that this cornier has been in the past the scene of a number of traffic accidents. Of course some of this has been remedied by the fact that trucks are no loner permitted to come down the hill but even since the we have had very serious accidents, one resulting in fatality. We in the neigh► borhood have been apprised recently that the propertyopposite the one which is now a parking lot hats also been offered for salsa and that We Enterprises has I made an offer for this property and that they are dickering for it and this com*9 from the owner of the property. So we want to be sure that a precedent is not beim set. if you on the Planning Board would come up and take a look at our i area and if you would review the history of Our area l think that you couldn't possibly make the mistake of permitting this to happen again and again. Disre,- garding the fact that T am just as care earned his everybody else Is about the loss of Valuer Z am also concerned about human life and the undesirability of allowing anymore parkin to be put on this corner and this could happen* Our whole street is a scene of creeping urbmt blight anyhow and that*s just another aggravation of It. DICK BORONKAXt l am Dick Boronka,y of 107 Pearsall Place A lot of reference has been made about I� a letter tonight, could we have that I� t letter read? THE CHAIRe October 25 1973 I WiP Inc. Terrace Hill I Ithaca, Now York 14850 htts air. Robert Burns Property Manager Ree Application for building permit. Premises at 201 Prospect Street. Dear Mr. Burnet I This will advise youthat your application for a building permit to construct a neighborhood parking area can the captioned preiLbaswill Inc.e approvedfollowing upon the acc�etp. tance of RHP I o�lthe cniso diti.ons. 1. The property at all times shall be utilized as a "Neighborhood Parking Area I which term is defined in the Ithaca Zon- ing ordinance as "An area on one or more f building lots devoted to car parking for occupants of ad J oining or nearby dwell s and their guests." 2. All users of the parking lot shall be permitted to park on the same torms sAd under the same circumstances without discrimination. 3. The lot will be constructed in csno formity with the plans which you have rovided to this office dated October 2; 973• 4. The pians shall be modified to prow vide the required front yard and screenirg i as outlined in the Zoning Ordinance. This permit shall be revoked and your continuing use of theropo as a park Ing lot shall become I le,g In the even the foregoing conditions are not met at all, times. These conditions shall run with the sand and shall bind the present owners its successors and assigns. Upon receipt of the enclosed copy of this I� letter properly executed by an officer i of the present owner the permit will be I issued. Very truly youirs i Edison Jones Ruing Comm�i.ssioner Zoning Officer IWAL Eno. i I I w 40,,w i The foregoing Is accepted and approved as conditions to the grandand main- tenance of the building pert. RHP Inc. M bys i I W . yAgg Prefidgat (officer) I MR. BORQNKAY& I believe that what the residents are ti really up to is Nc. 2-,*All users of the parking lot shall be petted to park can the same terms and under the sane circumstances without discrimination, ,And I believe that they have the feeling that maybe some of his employees will i have that nondiscriminatory action and be able to park there. This I believe is the whole thing tonight. i j NANCY M. FULLER s I an Fancy M. Fuller of 316 mer Place Ithaca„ New York. I wish to speak in support of the appeal of the South hill i r Civic Association. Thhat*s all# just I supporttheir appeal. BILL BONNICNSEN s My name is Bill Bonnichsen of 507 Turner Place„ Ithaca] New York. I would like to be in favor of the. appeal, that's being asked tonight. THE CHAIRt Is there anyone else in favor of this � I appeal.` None. Is there anyone against appear ROBERT BURNNSs I am Robert Burns and t live at 2o3 Soutb Hill Terrace in Ithaca Now York and I am the Read. Estate Manager for RRF Inc. I really don't have too retch more to egg I� li a i than what our Myor has said and when our agreement was * as the beginning. I wed like to clarify a few dates if I might. an November 9 1971 I first coni. itatted the City regarding a parking lot. i And the second date I would like to clarify was we were issued a building j permit for the demolition of the buildi on Ootober 15th and not I believe it was I mentioned November,-23rd and we were isstd I a building petit for the development of a parking lot on the 25th. Many of the facts bore, I would Suust like to clarify them and if there is any queew tion by any of the neighbors, I would certainly like to answer them. We ap- proached the City for permission to have 0 a parking lot and we had an enginser prepare the parking lot and originally we thought that we could have 35 Carr on the lot and they said there would be 28 and now we are down to 22 The build. 1 I ing was 'bought to salve a parking problem i at Terrace Hill and for the area in whicli I live. We did have the meeting# there was the Planning Director# the Assistant Planning Director, the Yayoro the Build.. ing Commissioner and the City Attorney and right from the beginning it has been our feeling that we could park cars from our building on the lot if we let the neighborhood also use the lot and this is the interpretation that has been giverl to us and this has been since November 9 "42«p C of 1971 and this is why we are a little upset because if we had known this we never even would have started the pro«• ject. An far as the parking lot Is con- cerned we have closed ofd' the entrance, i I� not with a permanent barricade but it i will be a permanent barricade on the Aurora Street side and we have opened up a 40 foot area for entrance and exit off of Prospect Street. We are leaving all the stone walls and all the shrubbery that are existing there now tnd we have I gone :Farther than what the Zoning re. f quired# we are leaving s 20 foot side i yard strip nest to Dir. Rumseye douse on which we are going to be planting shrubbery and trees. Incidentally* far. Ruey cou].dn"t be here tonight but f Riney couldn't be here tonight but Mr. Rumsey as the next door neighbor has thought that was a good plan and he had nothing against this plan. As mor Conley said# the City Rnginewo mr. Schliedersers inspected the site p ate 'a .y �+ with rye and approved the curb cut before a shovel of dirt was turned. Based on the commitments that we had from the Cit of Xthaca„ we proceeded for contract with Giordano Construction Company for lot i :improvement and to prepare it for eventual Parking use, no expense was spared in getting this lot ready. one thing I#VO dome therefore Brom step one throe an i i 1 4.3 i agreement with the City is docutant our efforts to comply In every way with every Code and Ordinance of the City. we have lived up to our part of this agreement ( with the City in letter as well as spirit. We have done this with the assurance that we could have parking in this area for ! our tenants during the daytime and that we would allow free parking on the lot from ! six o*clock to the evening to seven 00cl ck the following morning and through the weekends. We have done this with the assurances of the City government. I hope that we can do this# of course* and I think that the City has committed the selves to us and if we knew originallyo we wouldn't have even gone this faro we wouldn't have even turned one shovel of dirt,. but we were told we could do it and we went ahead and did it. Inciden• tally* one neighbor mentioned the fact that we are cortmplating buying other property for parking areas and this is not true. We have looked at the proper which is tune, this was several months ago but we have not entered in any optiort lease, or sale„ or purchase offer can any Property in that area. This is theL only Parking that we have drawings for a ,Park. Ing lot and this is the only one that we ever contemplated doing anything with. When 'I signed the letter, there were three people in the roam and I mentioned i " i a I .44. I the fact of that second paragraph# and I was assured that there would be no problem in putting our cars on the lot i and so I signed It and that was a very i' naive thing to do but I dial it and even I after I signed the letter# I was assured that we would be able to park our care i jon this lot. MAYOR CONLEY# Did you ever ask the City whether any ton was of to be needed whothe � exception going you, would have to come before this Board: �{�y �# prior to your starting that project? MR. BURNS# Not for a "neighborhood parking loV I was told for a, Oprivate parking lot" that I would have to get the variance, i MAYOR CCNLEY s What was your belief of a "neighborhood parking lot?" MR. MIRNSI Well what was told me was that I could put the care there and I was told it would be okay if we parked Terrace Hill tenants there in the daA and than lot the neighborhood park foci . the evening and weekends.# and I was assured we soul d ELVA HOISM s I am Elva Holman of 1.441 pealmall Place. . The reason for bringing thin *pp+eal, to., night for an i.nterpretati.olu 'bf'` the worms contained inL the Zoning Ordinance is cause conversations with *e C1ffiae cad the BuW ng cmaissioner o , ,,the City aii`; Ithaca lead us to believe the wags granted on the basis that T mate Hill Was construed to be a dwelling . t cause it didIndeed, house eop�e for part I i i of the day and we ask now that *dwelli be interpreted and the answer be given as to whether that is an acceptable do- fi ition of "dwelling* under the terms of the Zoning ordinance. That term "dwelling" is then used in the definition of a 10neioborhood parking lot" and I think it is that term "dwelling" On whic our appeal hinges. "Neighborhood park► i:ng lot" very clearly say to be used by the occupants of *dwelling$." ARTIE VAN TIENHOVEN t lir. Butanes* interpretation clearly shows that we need an interpretation of the word .neighborhood parking" and of the word "dwelling' and that is what we as asking and: that is what the appeal is and I agree with X r. VanMarter that 't*t is exactly what we are caking for and this is just being reconfirmed. That's all we are asking and from then on it will become a matter of enforcement, but we first need the definition. After the definition is given then we can go to I the proper authorities to ask for the a enforcement. I THE CWRI Anyone else to speak on this appeal's ' None. That will conclude the public hearing, we will now go into executive session. E 4 i iI I I EUCUTIVE SESSION, BSD OF ZONING APPEALSo CITY OF ITHACA* DFkw CB 3t 1973 Ulm_92', 1013# i MR. MTINt Mored as follows The definition of "neighborhood parking i areal and the related definition of "dwelling" contained in the Ithaca Zoning ordinance are self-explanatory. While spaces in. a "neighborhood parking area" may* in our vier, be rented to occupants ofnearby "dwelli.ngs#" "dwel. Ungs" can by no stretch of its us') i i the Ordinance be read to extend to busi. ness properties. Howevere our jurisdiction in cases of interpretation is limited to interpre• tation required in hearing appeals from decisions of an Administrative Official., The letter of October 250 1973 specifyi the conditions on which a building permit I 1 was iseied# stated simply that the lot was to be used as a *neighborhood parr Ing area" using the precise language of the Ordinance so it appears that it is not that decision which is in question but a misunderstanding of the recipient '-' of the permit encouraged we are told by discussion with. City Officials,, Enforce Ment of the Ordinance after issuance of a valid building i.r permit is not a matter within our jurisdiction. ' MR. BORTZe I second that. VOTES Y «. 5 no ,. 8 1N j+ \ 1 i i f I! 1 C E R V-1 F I C A T 1 0 N I DARLEEN F. LISK* BO CERTIFY that I took the mirmtes of the Board of Zoning Appeals# City of Ithaca# in the matters of Appeals No. 1029# 1030,E 1031, 1033, on December 30 1973 at City Hall# Cit i of Ithaca, Now Yore that I have transcribed the same and the foregoing is a true copy of the transcript of the minutes of the jmeeting and executive session of the Board, of Zoning Appeals, City of Ithaca on the above date# and the whole thereof# to the beat of qj ability, i sen r, Usk Stenographer Sworn to before me this ..wr1a*Oa+il�rday Of. �1.Mi4► -oil 0 ,.a,ww..► .i► , g.W!►. ROBERT G. GREY Nei �66661dS Notary Public,Stat* N Yolk Qualified in Tompkin My Commission Expires 8Q i� I I