HomeMy WebLinkAboutMN-BZA-1966-07-11 l
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BOARD OF ZONING APPEALS, CITY OF ITHACA, ITHACA, N.Y. CITY HALL, JULY 11, 19661
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i PRESENT:
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GEOFFREY WEAVER, Chairman
RICHARD COMSTOCK
JOHN EWANICKI
GEORGE R. PFANN, JR.
RALPH P. BALDINI
C. MURRAY VAN MARTER, Building Commissioner, Secretary
MR. CHAIRMAN: We will come to order. There are three cases to be
heard tonight, Number 698, Appeal of William and Mario
Harris, Number 704, Appeal of George S. Snow, and Num-
ber 705, Appeal of Frank A. Dunton, Jr. Will those
of you who take the floor, please identify yourself as
to your name and address. There are five Board member
present and it takes four affirmative votes to be
granted.
Our first case is No. 698, Appeal of William and Mario
Harris, 426 Hook Place, Ithaca, New York, for an exception under Section 7,
Column 8, to construct a new one-family dwelling at 422 Hook Place, Ithaca,
New York. Width of lot at street line less than minimum required. In R-I zone
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William Harris, 426 Hook Place shows building plans
to members of the Board and explains
MR. CHAIRMAN: Is there any one here who would like to see these plans
that of the proposed dwelling and the plot plan?
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Is there any one here who wishes to appear in favor of g
this appeal?
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j Is there any one here who wishes to appear in opposition
to this appeal?
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NONE
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MR. CHAIRMAN: The next case is Number 704, Appeal of George S. Snow,
'1 1205 East State Street, Ithaca, New York, to construct
a building at 628 West Seneca Street, Ithaca, New York
i and an exception required under Section 7, Columns
I 5,11,12 and 13. In B-4 zone,
( GEORGE SNOW, 1205 East State Street, appears and shows plans to members of Boa d
. EDWARD ARNOLD, 130 Campbell Avenue, consults with Board members as to plans
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MR. CHAIRMAN: Any of your people who are interested in this case
would you like to see the plans?
MR. CHAIRMAN: Mr. Snow, have you seen the Planning Board's comments?
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MR. SNOW: Yes.
MR. CHAIRMAN: Gentlemen of the Board, any questions of Mr. Snow or
=i Mr. Arnold?
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i None.
Is there any one here appearing in favor of this appeal?
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None.
Anyone here who is opposed to this appeal?
JAMES FRANCIAMONE:
4 623 West Buffalo St. What about the parking spaces for this building for the
people who work there? Are they going to park on West
Buffalo Street? As it is now, I am losing business
`# because new businesses are coming in and taking the
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places that I need for my barber shop right back of them.
MR. CHAIRMAN: Mr. Snow, how many parking spaces on the lot for your
employees?
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A. Roughly four or five.
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Q. You will have 15 employees?
A. Yes.
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Q. Do you expect most would drive?
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A. Some do and some don't.
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MR. FRANCIAMONE: I don't think that is enough parking spaces.
HARRY JORDAN: Well, I have a couple of offers on my place right now and
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I don't know what this will do towards selling the property.
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MR. CHAIRMAN: The next case if Number 705, Appeal of Frank A. Dunto;,
Jr., 201 South Hill Terrace, Ithaca, New York, for the
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use of the property at 1007 North Aurora Street, Ithaca, New York, for use as
a soda bar and restaurant. R-3 zone. Use not permitted in an R-3 zone, under
the provisions of Section 7, Column 1. Who is appearing on this case?
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JAMES J. CLYNES, JR. I am appearing for Mr. Dunton and Mr. Dunton is with
me, and may he be sworn for testimony?
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FRANK DUNTON, having first been duly sworn, testified
as follows:
BY MR. CLYNES:
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Q. Your name and address?
A. Frank Duntog, 201 South Hill Terrace.
Q. Are you the owner of property known as 1007 North Aurora Street, Ithaca?
A. Yes.
Q. You are here tonight seeking a variance?
A. That is correct.
Q. When did you acquire this property?
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A. 1951.
Q. At a prior time did your family own this property?
A. My uncle did.
Q. When did he buy it?
A. About 1943, 44.
Appellant's Exhibit 1 marked for identification
Q. I show you Appellant's Exhibit 1, for identification, two pictures, and
can you identify that?
A. This is it at the time when my parents had the store in 1953.
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Q. This exhibit shows two stores?
A. Yes, both pictures together show the whole front.
Q. Whibh portion of this property are we concerned with tonight?
A. The left hand side.
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Q. Could you tell us what use is now being put to the property on the right s de?
A. This is now vacant, but was a barber shop up until two months ago.
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Q. Are you presently begotiating to put a barber shop there?
A. Yes.
Q, We are concerned with the left hand portion tonight? I
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Q How did your uncle use these premises? s
A. Soda bar, and variety store.
He used both premises?
A. Yes,
Q. This useage continued until 1951?
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'I A. Yes.
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! Q. How long did you operate this?
A. From 1951 to 1964.
Q. You used the entire premises for that time?
A. I rented it.
Did you not use this entire premises and run it as a variety store from
1951 to 1959?
A. That is correct.
ii Q. And you then went to college?
A. That is correct.
Q. Did your parents run this for you from 1959 to 1964 when you finished Coll ge?
A. Yes.
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j Q. Was this entire premises used as a variety store to 1961?
A. Correct.
Q. The portion we are concerned with tonight was used as a variety store from
1961 to 1964 when you finished college?
t A. That is correct.
Q. What was the right hand portion used for?
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A. For a barber shop. !
Q. So from 1943 through 1964 this property was used as a soda bar, variety
store and barber shop?
A. That is correct.
Q. What happened in 1964?
A. My mother was running it at the time and became ill and I closed it. My
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l Q. The left hand portion was closed in 1964?
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A. That is correct.
Q. And the right hand portion was operated as a barber shop until a couple of I
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months ago?
A. That is correct.
Q. Have you made efforts to rent this since 1964? i
A. Yes, it's been on the market.
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Q. Have you had people approach you as far as renting this particular peemisel?
A. Yes.
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i Q. Have you turned down some tenants?
A. Yes, several times.
Q. Will you state the reasons?
A. I just didn't feel they could make a go of it or they just weren't the
right type of individuals for that location.
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BY DR. BALDINI:
Q. What kind of useage did they want to make of the premises?
i A. Well, one family wanted it for a book store, another a doctor's office,
and about half a dozen as it is now, a soda bar. The doctor wanted $1500
worth of improvements which I could not afford.
BY MR. CLYNES:
Some were turned down because of a lack of financial responsibility?
A. Generally, hxt or they didn't know what they were doing or had had no
experience or were not responsible financially.
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Q. So from 1943 to 1964 these premises were operated as a non-conforming use?
A. Correct.
Q. Did there come a time a short time ago when you negotiated with Mr. Spence
to occupy the left hand portion of Exhibit 1?
A. Yes. °
Q. To your knowledge did Mr. Spencer in good faith, enter these premises and
paint the interior and start to tear out backings and windows?
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A. Yes, he went ahead as if he were going to open up in business. j
Q. Did there come a time when you weer informed that you needed a variance?
A. Yes.
Q. At that time all activity ceased and you are thus here tonight?
'! A. That is right.
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Q. At my request and that of the Building Commissioner did you mail a notice
to 30 property owners in the immediate area concerned with this appeal?
A. Yes.
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Q. In addition, did you talk to 27 property owners?
A. Yes, I went from house to house.
Q. Of the other three you said that one was out of town, but that you tallied
to a member of the hossehold, and the third did not live on the premises?
A. That is correct.
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Have any of the people concerned expressed opposition to the relief which
you are seeking here tonight?
A. No, none.
Q. Did you receive any notice of the Planning Board hearing or a discussion
of your particular appeal?
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A. No.
BY MR. CHAIRMAN: Are there any questions, gentlemen?
Jim, where does Mr. Spencer come in?
A. He is the prospective tenant and will, if permitted, operate a store there
j Mr. Dunton has been able to solve the nieghbors' problem.
BY MR. DUNTON: No alcoholic beverages are to be sold on these premises.
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BY MR. COMSTOCK: For how long have these premises been vacant?
BY MR. CLYNES: The left portion, the portion of the building being
appealed here tonight, for approximately two years; the right hand side,
two months, so the non-conforming use is still in effect for one-half of
t the building and it seems illogical when you have had a building used for
25 years, if this appeal is denied, you have one-half of a building for
non-conforming use and the other side okay. This has been only non-use
as a barber shop for two months. There is a prospective tenant. ,
a MR. CHAIRMAN: Mr. Spencer is here if you wish to ask him anything
about the place.
I Is there any one here appearing in favor of this appea ?
None.
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Is there any one here opposed to this appeal?
None.
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EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY HALL, CITY OF ITHACA, N. Y.
JULY 11, 1966
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MR. CHAIRMAN: Are we ready with Case No. 698?
MR. COMSTOCK: I move that this request be granted for the reason
that the majority of the lots in that area are of the
same size and that there are buildings on those lots
and the lot in question, being 62 feet A de, would not
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be suitable for any use other than a dwelling, and that
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j there are no ether objections to the appeal, other
than the lot frontage. Without an exception full use
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of the property could not be made.
DR. BALDINI: Second.
MR. VAN MARTER: Just one implication. You are doing it for two lots,
for the one next door also.
MR. CHAIRMAN: How big is the lot that is left?
MR. VAN MARTER: 62 feet. His lot is on a lot 124 feet and he has cut
I` it in two.
VOTING: Yes - 4 No - 1
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MR. CHAIRMAN: Case No. 704 down on West Seneca Street
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DR. BALDINI: Move that we grant the appeal provided that the existing
building in the rear be removed and that the entire are
to the rear and side of the building be restricted to
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parking and driveway only; that we grant this because t is
would conform to the developing character of the neigh-
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borhood and the proposed use of the building precludes
the possibility of limited use.
MR. EWANICKI: Second.
VOTING: Yes - 4 No -1
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MR. CHAIRMAN: The next case is No. 705. !
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MR. PFANN: Move that this appeal be granted for the reason that
this is consistent with its use over many years and
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that to deny it would create a hardship for the owner
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in trying to rent it as to any of the uses permitted
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MR. COMSTOCK: Second.
VOTING: Yes - 5 No - None
E MR. VAN MARTER: After some discussion, the next meeting of the Board
of Zoning Appeals is set for August 9th, 1966 at 7:30.
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