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HomeMy WebLinkAboutMN-BZA-1966-08-09 EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, AUGUST 99 1966 MR. CHAIRMAN: No. 706 on the sign. DR, BALDINI: Move that we grant this request for the reason that the Board of Zoning Appeals in the past granted a variance as to use and we feel the sign exception, special permit should follow, provided that the sum total of all signs shall not exceed 25 square feet and be limited to 50 candles in power. MR, ELWOOD: Second, VOTING: YES - 5 NO - 1 MR. CHAIRMAN: The next case number is 708. MR, WEAVER: Move that the appeal request in No, 708, special permit and exception, be granted on the grounds that limiting an apartment house to four stories at this site would result in economic hardship, subject to an interpretation by the City Attorney that the recent amendment to the Ordinance does in fact grant the Zoning Board authority to grant an exception under ADD. MR. ELWOOD: Second. VOTING: YES - 5 NO - 1 MR. CHAIRMAN: It is agreed that the next meeting of this Board will be held on September 69 1966, i BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK AUGUST 9, 1966 APPEALS NOS. 706, 708 PURSUANT TO NOTICE PRESENT: GEOFFREY WEAVER, Chairman GEORGE R. PFANN, JR. RALPH P. BALDINI RICHARD COMSTOCK JOHN EWANICKI W. H. ELWOOD C. MURRAY VAN MARTER, Building Commissioner & Secretary MR. CHAIRMAN: We will please come to order, with the full Board of members present. The first case is No. 706 - Dominic F. Rosica of 317 First Street, to erect an illuminating sign of 12 square feet at 211 Hancock Street, an R-3 zone, size and number of signs limited Who is present to speak for the appeal? ROMEO ROSICA 209 North Plain We propose to put an illuminating sign over our store, 12 square feet; the dimensions have all been approved by the Building Commissioner. We need the sign because people are telling us that they can not see it coming east and west on Hancock Street, MR, CHAIRMAN: Do you have the space? Where is the sign to be? MR. ROSICA: It's going to be attached to the building, projecting out and to be made of plastic. (Shows sketch of proposed sign to Board) MR. CHAIRMAN: This is a plastic aluminum frame sign, 9h feet above the sidewalk, and to extend out 4h feet, 3 feet by 4 feet, an fluorescent, which makes it illuminating. Are there any questions of Mr. Rosica? MR, COMSTOCK: Where is this located? MR. ROSICA: Right across the street from the A. & P. MR. CHAIRMAN: Thank you, Mr. Rosica. If there is any one here who wishes to appear in favor of this appeal or against this appeal, you will be heard. None. m2aw MR. CHAIRMAN: We shall now go on to the next case, Appeal No. 708 - State and Aurora, Inc., 408 East State Street, to con- struct a 64 unit apartment building at 403»15 Stewart Avenue under the provisions of Section 9, paragraph N - Apartment Development District in accordance with the provisions of the Zoning Ordinance in an R-3 Zone. Who is appearing? JAMES J. CLYNES: I am appearing on this appeal and would like the witnesses to be sworn. Iwill call Mr. Bergen. EDWARD L. BERGEN, of 158 Pearsall Place, being duly sworn testified as follows: BY MR. CLYNES: Q. Mr. Bergen, we have your name and address. Are you employed by State and Aurora, Inc.? A. Yes, sir. Q. Sate & Aurora, Inc., is the appellant in this particular case before the Board of Zoning Appeals of the City of Ithaca? A. Yes, Q. Did you cause a notice to be mailed to certain residents of the City of Ithaca, concerning this particular application? A. Yes, sir, I did. Q. This notice was prepared under the direction of my office and sent in con- junction with a list prepared by the Building Commissioner, the City As- sessor, and my office? A. Yes, sir. Q. Did you so mail it? A. Yes, I did. Q. Do you have a copy of that notice here tonight? A. Yes. Appellant's Exhibit 1 marked for identification Q. I show you Appellant's Exhibit 1, marked for identification, and ask if that is a copy of the notice which you mailed out? A. Yes, it is. Q. When did you mail this notice? A. On August 4, 1966, and it went to 34 adjoining property owners. Q. As a result did you receive any phone calls objecting to the relief sou ht -3- A. No, I have not received any. Q. What is your position with State & Aurora, Inc.? A. I am the assistant secretary of State & Aurora. MR. CLYNES: Thank you. I call Mr. Aminoff, MELVIN AMINOFF, of 90-02 63rd Drive, Rego Park, New York, being duly sworn, testified as follows: BY MR, CLYNES: Q. Mr. Aminoff, what is your profession? A. I am an architect. Q. What is your educational background? A. I am a graduate of the School of Architecture at Cornell University, Q. Has your firm done other architectural jobs in the City of Ithaca or the surrounding area? A. My firm, Warner, Burns, Toan and Lunde, have been the architests of the Olin Library, Uris Undergraduate Library, the Graduate School of Business and consultants on the Physical Scienee Building at Cornell University, Q. You are a graduate of Cornell University? A. That is right. Q. As such, you are familiar with the architecture in the City of Ithaca and the surrounding area? A. That is right. Q. Is your firm the architects of the proposed Hi-Rise Apartment Building, which is the subject matter of this hearing, to be erected by State and Aurora, Inc.? A. That is correct. Q. You and your firm have prepared a model and plans concerning this proposed development? A. Yes, we have. Q. Do you have them here tonight? A. Yes. Q. Will you exhibit them to the Board? Appellant's Exhibit 20 consisting of 17 pages, and Appellant's Exhibit 3, consisting of 4 sheets, marked for identification Q. I show you Appellant's Exhibit 29 consisting of 17 sheets and ask you to -4- identify this for the Board. A. These 17 sheets represent the various floor plans, which describe the horizontal projection of the entire building. Q. How may floors is this particular building to have? A. I believe there are 14 elevator stops. Q. With 15 floors? A. There is a ground floor and 14 additional elevator stops. Q. 15 floors? A. That is right. Q. I show you Appellant's Exhibit 3, consisting of 4 sheets, and marked for Identification, and ask you to ident#fy that for the Board. A. These represent the four elevation views of the building, and describe the exterior of the building. Appellant's Exhibit 4 marked for identification Q. I show you Appellant's Exhibit 4, marked for identification, and ask you to identify that, which consists of one sheet. A. This sheet constitutes the landscaping plan for the building. All Exhibits shown to members of the Board Q. Would you kindly explain to the Board in your own words, generally the outline and description of the building from the model and the various exhibits introduced here tonight? A. We have produced this model for our own study and purpose because we realized at a Fiery early stage that we were working with an unusual and interesting site that had incredible contours, So we produced this model to help ourselves and you gentlemen to understand the property. Our con- cept has been one in wNch we try to relate the building sympathetically to the area in which it is built and to the landscape in which the building will be set. One most important aspect was the gorge and the views of Cayuga lake and the various hills around Ithaca. The landscape of the gorge is ery powerful and sharp and we felt as a design statement that we should not produce a building that could be built any place, one which might be set down in any part of New York State, but a building which Would be unique and make sense on this piece of property only. So we decided not to do a large rectangular office-type block, but to find a form that was ap- propriate and one whose irregularity echoed the irregularity and changing -5- contours of the site itself, and that led to this facade and the entire movement of the building. This also gave us the opportunity to break the proportion and size of the building, so instead of a structure with an enormous mass, we could build one that had a muss and yet was broken into a residential quality. We placed the building in the north corner of the property because we felt that this section of the property afforded our building its best use, a proximity to the gorge and views into the gorge, the porribility of not looking ovdr adjacent buildings and allowed a shape which we felt had the minimum blockings of the adjacent buildings. Also in planning the access and road service into the property, we felt that we wanted to consider the steep grades that cause many problems in the Ithaca area, and we placed the main entrance into the property from Stewart Avenu . We decided we would use Williams Street, which is one-way, only as a secondary means of egress. The shape whtch we have chosen in developing the building also has one aspect as a solution to a difficult site, but also bears an interesting relation to the apartments. We found that we could develop a variety of 4partment types with this shape, and were able to produce apartments as what we consider to be duplex town houses on one section, and one-story apartments on the other part of the building. We also attempted to orient the maximum number of windows so.that they could be utilized toward good views toward the west, the north and the south, and a minimum towards the east. The town houses which are on the gorge face have blank walls running north and south so that their windows give vfews to t e north and south. BY Int, CLYNES: Q. Referring now to Exhibit 4: A. Exhibit 4 is an aerial site plan, which we have labelled the landscaping plan. The plan shows the location of green areas in the gorge, and our proposals and ideas for the property itself, and also our access road, and the location of the property, We also have shown on the roofs that we hope they will be terraced and will thus lend an interesting aspect to the neighborhood and will be a genuine luxury building in the area. Q. Do you have any preliminary estimate as to the probable cost of this buildi g? A. This will be ever a million dollars. Q. There has been no bidding pending this hearing? -6" A. That is correct. Q. A conservative estimate would be in access of a million dollars? A. That is correct. Q. Referring now to Exhibit 2? A. In this exhibit we show the first level of parking and the major entranc to the building, which has its own turn-around, and of course the lobby, which faces out into the gorge. At the second level we start picking up apartments, and there are certain apartments at the back where the land slopes upwards. They have terraces on the grade. This here is the next floor and shows the uppermost parking level. At page 5, this is a large scale drawing of the plan and shows in the section towards the east the duplex apartments and the corridor and court of the building. The suc- ceeding shows how the second floors of the duplex apartments are ar. ranged, being page 6. Essentially, there are two two-bedroom apartments and one one-bedroom apartment in addition to the duplex. On the suc- ceeding floor plans you will see how the configuration changes as the roof of the preceding apartment below at the edge of the building becomes a terrace, and our building becomes smaller and smaller. On the ground we have a maximum configuration and as we go higher we have a minimum. Q. On each terrace there are shrubs, flowers, and so forth? A. Correct, and our building gets smaller as we go higher. This is the fifth floor plan. Q. As you are turning over these sheets each floor plan has one less apart- ment, but includes a terrace taking place? A. Right. This affords an unusual amount of terrace space. This is the eighth floor plan and so on, to the ninth, the tenth, eleventh, twelfth, showing one terrace near the top of the building, which we hope to allow all the apartment house users to utilize. This fifteenth floor plan whi we show is not an elevator stop. It is actually a duplex here so we are just putting the rooms below on the first floor of the duplex into the elevator, so there are 14 elevator stops. Q. Now, referring to Appellant's Exhibit 3? A. This is the property elevation from Stewart Avenue and shows our building in relation to the elevation of the gorge and then in relation to the College Avenue bridge. Even though our building appears hl#A, it is -7- almost below the College Avenue bridge. The second drawing shows the elevation and grading of the building from the gorge, and shows the con- tour line at our property line adjacent to the gorge, and the bottom li shows the bottom of the gorge and shows the Stewart Avenue bridge. Sheet 3 is a section taken close to the tower of the building and shows the relationship of our present parking to the natural grade and to our building. Sheet 4 shows the elevation looking west, which is, so to speak, the bac of the building and the grades adjacent to the property behind. MR. PFANN: In the model you show some buildings behind your proposed building, in white. They are existing houses? A. Yes. MR, PFANN: How many homes? The next street is Highland Place? A. Yes. MR. CLYNES: Williams comes off Eddy. MR. PFANN: How many private homes now exist between your proposed building and Eddy Street, behind it? A. We have not gone up to Eddy Street. We have shown three more adjacent buildings. There is one house that is quite a bit higher. MR. PFANN: Do they now have views from the hillside which would be cut off in any way? MR., CLYNES: What is directly behind is Highland and then Cascadilla, and east of Eddy Street, Sheldon Court, the old Cascadill School. There is nothing west of Eddy. MR. PFANN: Are there any homes around there which will have their view, if there is a view there, cut off by the proposed building from any direction? A. We could not say so definitively without a survey. I know there is one home to the northeast, shown here on the model, of the building, that would be within this configuration. It would not appear that this building's view is blocked. MR. CLYNES: It might be in order for the record to reflect that 34 notices were sent out so these people have been notified, and the Chairman will give an opportunity later to any on who wishes to object, and this might be as to view. MR. CHAIRMAN: There are not many houses between there and Highland. -8- MR. PFANN: One other question and maybe Mr. Clynes can give us some information. Apparently everything complies with the ADD except the height regulation? MR. VAN MARTER: That is right. MR. PFANN: In order to grant an exception to that, the Ordinance says: "Where practical difficulties and special conditioes exist, making regulations impossible to comply with, then the Board shall grant an exception". I am wondering in this case what those special conditions might be, other than the esthetics of the building, which I think are terrific. MR. CLYNES: On or about November 22nd, the option to purchase and right to construct this building, expires, to State & Aurora, I and if this is not granted and if this building, whcih I think all would agree would be beneficial to the City and afford much needed taxable property, then the alternative Is that some one will go in and construct something that would not be in the best interest of the City, as this particular building is. Some time has been spent on this. I am not sure if this witness tonight is aware of the time that has been spent. There have been prior drawings. But this is a well thought out idea, not only for the regulati , but toward protecting the view as best it could be protected, because of the design, the utilization of this particular area for this particular spot. I think that when all this Is considered, it is in the best interest of the City to approve this application. MR. CHAIRMAN: Some time ago this Board granted an exception for the con. struction of a high rise building fer State and Aurora, Ind. What has happened since? I thought 11 storeis were granted then. MR. CLYNES: As I understand it, the City Attorney since that time, has ruled that the Board did not have the power to grant that variance. This was negated by the last Council meeting, so now we are here legally. This is a different plan. MR. CHAIRMAN: How many parking spaces? -9- MR. CLYNES: Two per apartment per local requirements. MR. CHAIRMAN: Thank you, gentlemen. Is there any one here appearing In favor of this appeal? MELVIN DEAIZEN 903 Triphaumer Melvin Draizen, being duly sworn, testified as follows: I am here as an interested party, owning an apartment house on Highland Place, the next building from the one shown here. I would say that it is not blocking my view nor that of any of my tenants. I think this would be a tremendous asset to the area and I would rather see an application of this sort on the tax rolls than a different type that would not conform. I would be much in favor of this. ATTE RUUSPAKKA 227 S. Geneva St. Atte Ruuspakka, being duly sworn, testified as follows: I always like to have a new development and we like to have new developments all the time in the City of Ithaca. I am in favor. MARY ANNE WILLIS 914 E. State St. Mary Anne Willis, being duly sworn, testified as follows: I think it is a very attractive development and I would like to see tt on the tax rolls, new property in the neighborhood, and feel it would be a great addition to the neighborhood. MR. CHAIRMAN: Is there any one here appearing against this appeal? JOSEPH C. RUSTYAK 103 Highland P1 Joseph C. Rustyak, being duly sworn, testified as follows: I have a petition that I would like the Board to have, containing some signatures. Opposition Exhibit 1 marked for identification, and made a part of the within minutes Opposition Exhibit 1, marked for identification, read at the meeting by Mr. Chairman. -10- JOSEPH Co RUSTYAK: In commenting as the petition states, in addition to this, I would like to ask a few questions if I may, of the architect. First, I wonder what surveys have been made concerning the bedding formations that this building would have to be established upon. I understand that there are some 140 or more feet elevation above the grouni. Have any surveys been made along these lines? Are they sufficient to support a building of this height? A. Pending approval of this group, we have bids for test borings and this would establish a foundation system. On inspection there would not seem to be anything unusual or difficult. Everything indicates that there is probably rock close to the surface. MR. RUSTYAK: Called "Adirondack mud►►. It is a series of rocks that can shift. Your first bed rock that you can find is at the base of the creek. A. Have you yourself taken borings? MR. RUSTYAK; No, but from a visual inspection you can determine this. MR. CLYNES: This construction problem is not pertinent to a zoning hearing. We are not here for that. If there is an extra expense in construction or views, that is the problem of the appellant here. MR. RUSTYAK: I want to make note of the fact. MR. CLYNES: You can rest assured that this appellant is not only going to build the building but to build it as the experts find it necessary in this location. MR. RUSTYAK: I am not sure just whom to address this point to. Cornel University has once before obtained property and after a period of time taken this property and adjusted its in- ternal structure in such a way as to conform to a conditi n such as to cause it to come off the tax rolls. I wonder If this might not be a condition that could be occurring here. I vender if there are promises made to the effect that the property will not revert off the tax rolls, or is there something that establishes this? -11- MR. CLYNES: Here again this is not proper to this hearing. If the Board wants me to we can swear a president of a private tax-paying corporation and the one who is to erect the premises. Cornell University is merely the seller. MR. CHAIRMAN: You may. It would not seem necessary because it would not hold for the future anyway. MR. RUSTYAK: Fine. I am taking advantage of an opportunity to ask questions, and I would like the answer to this. ROY H. PARKE Who, having first been duly sworn, testified as follows: BY MR. CLYNES: Q. Your name and address, sir? A. Roy H. Parke, 205 Devon Road. Q. Are you the president of the appellant, State & Aurora, Inc.? A. I am. Q. Does Cornell University have any role in this particular property, the subject matter of this hearing, other than being the seller to you? A. Cornell is the seller to me, and they have the right to refusal of cer- tain of the apartments to certain members of their staff. My option for the property runs out on November 22nd, If I do not start construction by that time, it reverts to Cornell. Q. Cornell University has no other interest than to rent certain apartments? A. That is right. Q. Since State & Aurora, Inc. is a private corporation, this would be on the tax rolls of the City of Ithaca? A. That is right. MR. RUSTYAK: You are certain of this? Could we have the number? MR. CLYNES: This is a private arrangement with Cornell University. It is still on the tax roll. MR. RUSTYAK: The building will definitely block our view. I have observed the levels of the buildings represented on the model from my second and third story windows in my apart- ment house which I am renting. The view would have to be blocked and the buildings as well. I object to that fact. We have unique apartments and it is difficult to rent at most. We do have to depend on the view for pur- poses of rental. -12- DR. BAIDINI: Are you referring to any one of these buildings on the model? MR. RUSTYAK: I am directly behind - these two buildings at 103 Highland. MR. CLYNES: 103 and 105? A. Right, sir. MR. CLYNES: Will you point them out for the Board on the plans? MR. RUSTYAK: (Complies) While I appreciate the architectural effort - it is a nice building, but I do have to object on this point. It would cause me some hardship on my rental. The other point I had is in reference to the sewer situ- ation. On Stewart Avenue we have a rather unique cir- cumstance, that some of the properties have their sewage disposal on Buffalo Street. I think Ed Hurd would know about this. It is strange and it would require, accmWirg to his estimate, the necessity of tearing up a great par of Buffalo Street, which would impede traffic a great deal. This is just something I have to make comment on. That Is about it. MR. CLYNES: (Referring to Opposition Exhibit 1): Are you Joseph Co Rustyak? A. Right, sir. Q. Who is Elizabeth Rustyak? A. My mother,and there is .my father. Q. Who is the owner at 105 Highland Place? A. My father. Q. You are submitting this with 11 property owners objecting? A. No, 11 individuals. Three represent one property. Q. And Hurds represent one property? A. Yes, sir. Q. Are they out of town? A. They can not come. He is ill and she does not drive. Q. How about Ann R. Griffin and John Be Griffen? A. Again one property. Q. They are not here tonight? -13- A, No, sir. Q. So in reality, instead of 11, you have 7 properties here? A. Right, sir. Q. And none of these people are here except you? A. Right, sir. Q. You have identified for the Board the property owned by Mr. Ruuspakka? A. That is correct. Q. You have also heard his testimony, that as a neighbor, he does not objec ? A. Yes, sir. I might state that a Mrs. Truax was not notified. She is directly across the street from the property; I believe 106 or 108 Willi ms. Q. 109? A. 109, Q. Did she know about this? A. She was told by word of mouth. Q. She knew about the hearing? A. Right, sir. Q. Do you know this of your own knowledge? A. Yes. Q. Is there any one left to speak? MR. CLYNES: Apparently not. I would like to put the architect back ca, MR. CHAIRMAN: You may. MR. CLYNES: Q. Do you know the number of stories that would be permissible under ADD an not necessitate this hearing? A. I can consult the record. Q. Why has this building been designed as 15 stories? A. Because of the economics of construction and an attempt would be reasonable. Q. Isn't one the economic feasibility or whatever trem you wish in the sena that a building of less stories does not lend itself to architectural beauty? A. That is correct. Even four stories on the property could definitely block the view. Q. Would such a building net be a rectangular dumpy building? A. Right. From a design point of view we feel this is much better for the neighborhood, and property values would increase rather than decrease with -14- another type of building. BY MR. COMSTOCK: What is the total plot size? MR. CLYNES: 55,835. The Board of Zonins Appeals, 106 E.•Greea St.., maacaa H. Y. This is a �OTEST against any Spesial Perstit under Section 4 of the Zeaiaa Ovdimmee, for ata Anartment Dew+eletmtent at 403- 415 Stewart Ave*., Ithaca., H. Y. 00 In as mah as the Zoning Beard has passed roles and rendatieas aererniag apartuent se aims., tae spacial permit shenld be given without the om sent of the Gemmm 6ewaeil smd Pin harlship eases. (2) That there is only aWwt. eae and eae halt acres in the site, hardy rem for the buildiaa and 138 ears. (3) That the sewer na3_n on Stewart Ave* would have to be increased. (4) That this property should be beaght bw the eitr and made a permrient, parking area for East Hill. J Y