HomeMy WebLinkAboutMN-BZA-1967-05-01 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK
MAY 1, 1967
APPEALS MOS. 749, 752, 753
PRRSENTs
RICHARD COMSTOCK, Chairman
GEORGIA R. PFANN, JR.
W. H. ELVOOD
JOHN EWANICKI
GEOFFREY WEAVER
C. MURRAY VAN HARTER. Building Coswmissioner, Secretary
THE CHAIR: The meeting of the Board of Zoning Appeals of the City
of Ithaca will now come to order. This is the duly ap-
pointed Board of Zoning Appeals, mating in the form of
a public hearing in the matters of the Appeals Mos. 749,
752 and 753. The members present besides myself are
Mr. Pfann, Mr. Elwood, Mr. Bwanicki, Mr. Weaver, and our
Building Commissioner, Mr. Van Marter. I would like to
advise the appeallants that there are only five members
present tonight of a six-somber board and if this is sat
isfactory with you, we will proceed with five members hove.
It takes four to vote in favor of any appeal.
MR. TSAPIS: Speaking for Appeal No. 749, I have no objection to
proceeding.
Sams response for Nos. 752 and 753.
THE CHAIR: We are operating under the provisions of the Board of
Zoning Appeals and this Board is not bound by the strict
rules of evidence, but we do request, however, that all
participants in addressing the Board identify themselves
as to name and address and please confine themselves to
pertinent facts and try to avoid all extraneous material
which would have a delaying effect.
The first case is Appeal No. 749 - that of the Hector
' Bolding Corporation, 158 Irving Place, Woodm ore, Long
Island, New York, for occupancy of three existing units
at 125 Chestnut Street, Ithaca, New York$ in compliance
with requirements of the minimum lot size under provisions
of Section 7, Column 79 in an R-2 district. We have Mr.
Tsapis here to speak for this appeal.
MR. TSAPIS: My name is Stanley Tsapis, sad my address is 308 North
Tioga Street, and I sm attorney for the Hector Holding
Corporation in this proceeding. One of the officers was
due to come tonight from the city but I received a call
at six o'clock that Mohawk Airlines has re-scehduled his.
,l
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flight
2-fright for seven-thirty and this is too late. In his
absence we wish to continue, and the purpose of our rs-
quest is for an exception under Column 7 of the Zoning
Ordinance. We are asking that we be permitted to acti-
vate three living units which are already completed on
the site. I think most of you are familiar with the
project site and the project itself. We have been thro
this more than once, the last time for permission to construct
24 additional units, which request was disapproved by this
Board on the basis of: safety factors.
In the present request, as you may know, within these
buildings we have three apartments not being used, which
we are requesting permission to reactivate. This requires
an exception to the Zoning Ordinance on the question of
density. This has already been through the Planning Board
and they have indicated their approval, since the three
percent deficiency will be corrected. There is sufficient
parking to covert' The grain problem is because of topogr by
and the expense of the site we need the three extra apart-
ments, When this site was purchased, that was with this
intent as soon as the ADD provisions held, it would be
possible. We need these three apartments to maria a
reasonable return on the money. There will be no additi sl
construction; the units are already existing; it will no
affect the operation of the parking, but will incwaase b
three, four or five cars the traffic problem, but the
traffic problem as in the other appeal will not be chaged.
The groan space is within the meaning of the Ordinance;
minimum lot wise requirements will permit adequate light
and air for all residents and too, avoid additional domain
on utilities,, Except for the traffic it will not affect
any of these things. I have, through my able assistant,
listed our proposals in our application, and I stall be
happy to answer any and all questions that the .Board may
have at htis time.
MR. WEAVIRs Do you have figures on what this increment would do to
your toaal?
MR. TSAPISs Not with me. I do know, because of the land coat, that
It is not nog making a fair return because they paid a
lot of money for the land and intended to expand to an
additional 27 units, and now they can not. This is not
entirely your concern. With three additional apartments
it will areae an additional income of somewhere around
five Hundred Dollars in a month. I can not give you the
exact figures. The hardship is that these are three units SM
that are there that can be used without creating any hosard
to the facility itself. The traffic problem is the only
thing. It is a situation that is unique that has come
about in this fashion.
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MR. ELWOOD: When are the units themselves?
MR. TSAPISa Right in that development. These are near the West Hill
School on your loft. I think you ars thinking perhaps -
of Allen$s project. This is all completed and is botwoot
the School and the Armory.
Let me say to the Board that we will appreciate any con-
sideration you can give us. Again, let as say that my
application sots forth all this matter, and I ask that
that be a part of the record.
THE CHAIRS Is there any one to speak in favor of this appeal?
Hone.
THE CHAIR: Is there any one to speak in opposition of this application?
MS. JOSEPH HAMILTON: 102 Chestnut Street.
I went to say that when these apartments ware built you
knew how many you could build, and that if you neat for
$45 this would be about $4500 or so a year that you did
know about; you did know and realise that that was the
number you were allowed when you built, and that was to
be your investment. We feel that you have not yet sh
good faith in the things we have asked you to do way be
when the apartments were first built. The first time w n
you asked for 24 more units we felt that a lot of thine
should be condidered, and you should have considered w
back then. I drove through tonight just before I came
here. They have put so many parking spaces in that no
fire engine could possibly get through, and yet there i
still an area mrkked for the cars that are not there.
want on down throubh it and supposedly there was to be
parking area made on the far side. There to nothing t a
as for as a parking area. It to full o€ pot holes; it
very dusty. We have asked that it be oiled or sawthin
done. This is by the creak. I do not wonder that the
people do not use that road. The vision is poor on Elm
Street* bath up and down. All winter long we have had
one-way traffic on Chestnut Street between the front of
the apartments and the high bank on the west sidle of tim
street.. The snow is piled there and cars parked on the
outside of it. It is one-way. Sehool buses, when they
come through there, one has to wait. And then the Asst
driveway, at any time they could ask that people not pa k
there. It is parked full awry night. They cdrtainly
are not providing for those cars that are parked there.
Then in regard to garbage cans, they are not protected
from dogs, nor screened from view. You can see theme
flowing
flowing every time you go past. We asked for considera ion
of fire exits. Sours of these are eight feet above the
ground, some of `tbom,so if it is an older person getti
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down, they could not ,jump that far. Certainly that
building at the corner was in far better shape than these
are. Firs could very easily cause a hazard. We do not
like to sae three more apartment& being opened. The
playground isn't even on their own property. We would
be against having three more opened because they know
when they built that they would not be allowed to have
more than the 57 granted.
SIR. TSAPIS: First, with reference to fire hazard, these buildings
conform with all the re4niremsnts of New York :State and
the City of Ithaca and .also with the National Board of
Fire Underwriters. These are *11 well protected with
Insurance and I can assure you that we would never be
permitted to do anything impsopow with reference to fire
escapes. The garbage situation - this is one of the few
projects that provides extra garbage collection. With
reference to the driveway into`the Elm Street Extension,
I think this Board is familiar with the fact that this is
a hazardous intersectioR and so a result they have denied
the extra 24 units. I can not deny that that is kind of
hazardous. It is not intended to be used because of that
1 But this is all sttLt the American way when you invest
j your money, you expect a reasonable return. With refer-
encs to the parking area provided, this is greater than
any in this City. I deny that there is not sufficient
space up there, &ad all the places have been laid out wit
the consent of the Ciltyi, With reference to parklag on
the street my client can not solve that. They have the
sates right to park on the street that any one else has.
The proper agency to see is your Board of Public Works.
And I also do not t1kink that the situation of the snow
Is unique to any street in the City of Ithaca. I have
not heard before about the school bus thing. With refers we
to the auxiiliary driveway and parking they have everythi g
that the law requires and have an extra space that can be
used and it to available. And it is my understanding the
the playground is on our property.
MRS. HAMILTON: I am here for the hest hill Civic Association. I would
like to add that you have not lived up to your promise.
We understood that you were making the exit the other way.
MR. TSAPIS: Our proposal was to this Board and it was denied.
MRS. HAMILTONt The grade to not conforming.
THE CHAIR: We will limit our discussion to what we are considering.
MRS. HAMILTON: Are you plauning to put more parking spaces in?
MR. TSAPIS: We will provide extra spaces for these cars.
MRS. HAMILTON: That is what you said before.
MR. TSAPISt We have not had additional units, and what spas** are
there are as required by the Zoning Ordinance. And I
apologise for raising my voice.
THE CHAIRz Our next aase is No. 732 - the Appeal of Roger Sov0000 ,
Rsq,, for William 991ey notate, 304 ,College Avenue,
Ithsca, Now York, for a variance for use as- * barber
shop, and exceptions,. sign regulations, front yard ,
requirement, under Section 71, Columns 1, 4, 120' 'In an
R-3 District.
HARRY 3, HAMILTON: My name is Karry Hamilton, Attorney and I an appearing
on behalf of the Relay j9state, to present this case to
you. As you know, I ane asking for deceptions and a
variance from the Toning Ordiaanoe. Vader this ordi-
nano*, exceptions are granted where practical difficvl
ties or special conditions are shown; and as fares
variance, hardship. Most of my statements will have
to do both with the variance and the excoptions. This
parcel is occupied by an elderly lady, almost 84 years
f of age, Miss Anna May Raley. The title actwil a
vested one-half in her and one-half in two nephews,
who are grown msec. The property is set up '" a rooms
house, with ten or fifteen supposedly student rooms in-
side the premises, with two baths, and Miss Staley hes
been renting this property to students for year$. Of
late years most of these have been f students;
the premiss& has been recently palated, for which tbart
Is a $3000 bili. maids it is practieullg,-s -sbambles.
Plaster is off the wails and there are vary`msadfur
nishiugs, and this lady Ls now in a sursiag � nd
by reason of infirmity of mind and phymas bm , she
Is never going to be able to operate this again, which
Is her only asset. She has no stay to pay. ti se t Is.
she has no funds to renovate the prealsss nor to onvn t
to apartment&. She dots not know what to do. she has
got to sell. T1M.,prop:rty is worth much more if it a
be used as a barber shop, and wa bavor sn opportunity t
sell it at a r"sonablwpr1o*# as long as the barber
shop can occupy the parcel'. I have some pictures here to
show the parcel next north, which is built to the line
and occupied by a liquor store, and I will file these
aftV*c with the Board. This is s picture lookins we t
from Rgan'a Store directly across the street. Certdln y
there is other commercial use in the area; on the soot
side of the street from Dryden Road to Catherine Stree
there is only one property which is not a commercial
venture. For the purposes of your infox tion I have
listed the uss of all the properties on both sides of
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the street from Aryl Road south to this block. You
will notice on the west side you have the First Nati1
Bank on the corner and apparently they rent a portiolus of it. You have the Collegetown Motor Lod$e, which
their property right to the street line, sad next you
have the Campus Liquor Store,, with a tremendous sign,
by the way, and this is built to the line. And across
You have entirely coamoxcial assessment, This is an
R-3 district and requires a la foot frost yard. You
will notice that the people north are using the entire
front yard right to the street line. I astisared the
distance from the sidewalk actually to the front of ths
liquor store and it is less than two fast of dirt thave.
It looks to as as if they are using most of their f
yard. The next problem is this sign, but we are noI& *o
concerned about this. khat troubles ewe is that you
not permitted to illuminate a sign. If it would be
possible to have a sign of five square feet, but be
to illuminate it, we would waive a- bigger signo it to
just a matter of advertialag. It would not operate a
night# and may I point out that barber shops are closed
Sundays in Ithaca.
Met. WEAR; What would the purchaser do with the rest of the buil ng?
MR. HAMILTON: He will convert it to parking. This makes it feasible
this way with the highway in front, he can spend some
money to fix It up in the back.
Alt. WEAVER: Now far back is it now?
MR. HAMILTON: Sixteen feet to the house. The porch actually sticks'
out about six feet.
AIR. W$AVSR: Do you have room for parking?
MR. HAMILTON: We will provide the parking on the south side.
THE CHAIRS How many stories?
MR. HAMILTON: I believe three stories but the third story is on atti
It day be called a two and a half story buildbl.it sl s
sharply to the west in the back. The new structure w d
be just a one-story building.
The hardship of course is that this is an old infirm
lady, with few assets. She will get a considerably
larger mount of money if she can 9e11, and she has no
other assets. You will note that this is the only
non-amm , retal in the block, but one. The one next
south is an smcax owner-occupied rooming house.
THE CHAIR: Is there any one to speak in favor of this appeal?
None
MARY YSNO: 901 Bast State Street. I sun the rotor lodge. 'I do '
not think we are really against it. She Would probably
realise sore if any one hod known ohs wanted to sell.
Evidently it was never listed.
MR. NAMILTOPt There Were several offers obtained.
NRB,. YRN01 You suggested that they are surrounded With parking
lots. Sven so, he would have to provide parking for
his tenants.
MR. HAMILTONY Parking le peovided on this property for his own &part
mento. We are not asking for an apartment exception.
CHRISTOPHRR ANAGMSTs 312 College Avenue. The building next door also has aR
exception. to lot site requirement but, I do not see that
that is a guarantee that this, these parking spaces will
be put in.
MR. HAMILTON: You couldn•t keep the balance of the building unleaw
lot of renovation is done inside. So if you have a
building, you might better fix it up this way than to
have it sit thaw and do nothing.
MR. ANAMST: But there is no guarantee this will be fixed up.
MR. MAMILTON: Yea, it is and has to be done that way. We are requilad
under the statute.
MR. VAN MARTER: This will not be a conversion in that it is a multiple.
and the only parking that will have to be provided is what
Is required by the barber, shop. I do not know why the
parking was not asked for in this case. The number o
units do exist. It is a deficiency. The Ordinance
pio-
video that a deficiency not be extended.
MR. HAMILTON: You are now talking about what psmperty, the property
north?
MR. VAN MARTER: This to identical in each case. You are providing folt the
one space providing for the barber shop.
MRS. WSSHBR: I as Mrs. Webber and I want to ask, how can you put
care in the rear of this house?
MR. RAMILTON: The rap shows seventeen feet between the bay window
your line. We are considering all the cars there but
are not required by the ironing Ordinance to do so.
I have been asked Why I needed an illuminated alga. It
Is necessary simply for advertising purposes, and it
would not be illuminated in the evening.
ROBERT W. LANGRAANS: 206 Cook Street. I am in opposition to this and I havi
a couple of questions. You do not have any access
coming in from the road presently, so a curb access
would be required for parking.
MR. HAMILTON: Right. q 0(je one matter that eight be affected but
any house is entitled to a curb whether them is a spr at
there or not. , You always have to get a permit for a
curb out but I do not know where they can refuse it.
MR. LINGHANS: I think you made a on to the Board about the bank
being built up to the street line. Actually, the way
I look at it, it isn't built up to the street Iia*.
They have a small brick fence but the building itself
is quite a bit back further. I think that actually we
made a fairly serious mistake when we allowed the liquer
store to go in. I think we were asleep on this one ani
I do not think we should have allowed this to cess in.
On garbage oollection day it is strictly a one-wry
passage way - when two people can't walk aide by side.
By allowing this barber shop to be built to the line I
don't think wt, would be doiag Collegetown a service.
I had heard ,that Miss Raley had passed away but I ave
happy she has not. I do notes we should allow an
exception because I think that the Society that w
today will take care of Kiss 8mley without breaking t
Zoning Law. We are in great hopes that we wouldIlk*
to get some urban Renews of- Collegetarn, sons 're-buil ing.
and I do not think that putting an addition veto this
building would be an Improvement. I question your parking
and do not think there is enough apace to get a oar in
there. It looks as if the two mare fairly" q
I would ask that the Zoning Board do not grant th#a.
MRS. YRNO: Where would the entrance to the spa:rtmwts be? Is
there enough room?
MR. HAMILTON: Seventeen foot is plenty of room. I have taken this
measurement from the City rasp.
THE CHAIR: The Building Code will verify all of that.
MRS. WRBBBR: It will fust spoil our house.
MR. HAMILTON: I would like to point out that this will increase the
value of oth:er properties as far as marketability is
concerned. If Mrs. Webber wanted to sell I can guarantee
her an increased price. I live within two blocks and
the creepiag commercialism has not bothered sae.
MRS. YBNO: I would like to agree with Mr. Langhans, if this place
is to be built out like the liquor store, it doesn't
Improve anything. In the winter time it is fust too
close to the street.
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THE CHAIR: We go now to Case No. 753, the Appeal of Ames-lftWu&
and Supply Company, 618-620 West Buffalo Street, 'Ithaca,
Nov York, for now construction at this address. Exca
tions required for side yards and rear yard, under bhe
provisions of Section 7, Column 13, 14 and 15, in a
B-4 District.
Are you to speak, Mr. Ames?
MR. AMRS: Yes, I am Mr. /saes, representing myself, and my partner
Mr. Chairman, I brought along with soa map of the
proposed building which I would life to show the Board
I am asking for an exception in a B-4 some,, and .I wool
like to read to you the letter which is with my appeal
and ask that you incorporate this letter in tonight's
meeting.
(Letter read aloud by Mr. Maes)
Certainly we would be upgrading the neighborhood by
putting in a modern type building. Again for those
who may not know it, we store oxygen acetylene in a
wood building, which is highly combustible and for
safety's same, we would litre to move.
MR. PFANM: Are you planning on an entire new building?
MR. AMES: We are hoping to do this twistages because we must con
tinue our business while we are building.
MR. PFANN: What is the comparison between the square fooh.-
the building apace which you want for your neva proar'
and under the present set-up, more or less?
MR. AMES: Approxias►tely the same.
THE CHAIR: What advantage would you get from the new building?
MR. AMESt By tearing down our house we have to move our office
space into the new building, and it will be *ore usesb e
space. It will also be a chance to be able to have a
much better access to the ppoperty itself. This is on
of our biggest handicaps, as the building was establislad
there in 1934 and things have shaenged in the wast and
considerably since then. We feel with this exception
we would be able to have the frontage which we need
towards the street, and yet give a*ple parking space,
and more safety to the neighborhood. both of the
neighbors east of an of course use our driveway and wi h
our kind of use one wants a driveway, so this would
help traffic.
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MR. EWANICKI: Row many, parking spaces will you have?
MR. AMS: We can provide for between four and seven (indicating
on plans).
THE CRAIRs What is` to maximum length of time you aervielilsts the
r whole thing would take?
MR. AMRSt I can not tell you, with the construction situation
as it is. Right now the &arsons are on strike. I could
say, one year, two years, three years. I would say not
over throo.years.
MR, WEAVElt What is the first step?
MR. AMESt We have to continue business, so possibly we will try
to square off and re-build the addition o� emb e,
We would still have the one driveway. 620 will stay
temporstily. This is helping to carry the expense on
the property.
Appellant's Exhibit 1 marked for identif,icatime, con-
sisting of five sheets
THE C.iAIRt Is there any one appearing in favor of this applieati ?
JAMES MANCIMDNEt I am 623 West Buffalo. I would like to go &bead and
ask about this parking problem, the trucks he keeps
outside on west Buffalo Street, plus five employees
each has their own vehicle parked there and I can not
see where he can find parking places inside this dtrive
way, where he has been up against Ithaca Gear, back of
6189 back of 620. Where is this parking place going t
coax up?
MR. AMES: We intend to move all our steel supplies inside the
new building, which we would have to do to get the ro
-i to buitd?bn. Two reasonst this thing has expanded
the years; by putting the arateri&ls inside, wit would
be able to handle them by crane and that would mean t t
we have no outside storage.
MR. FRANCIMOVIi I have a place of business too and he doesn't give ars it
chance to have people parkin front of my barber shop.
I have nothing against his building, but I would like
to have his doing something about these trucks, put
them inside. This morning there was a big trailer truck
holding up the traffic.
THE CHAIR; Now many off-street packing spaces do you have av&ilab e
now on your premises?
MR. AMES: Only in the driveway. . We put all our trucks in at nia t.
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N-
MR. AMRS: When he sees my trucks an the street, I as not doing
any business. I will admit they are there occasionall .
I will say, our trucks are nefer parked in front of
Jim•s Barbar Shop without the men being told to move
thew.
THE CHAIRS Now many spaces do you have now for your employreew d .
off-street parking?
MR. AXZS: alone on my premises. They use Joe's parking lot now.
We can make five or six available spaces.
MR. PTANN: Will these parking spaces be used for the trucks?
MR. AM Yes, they could.
MR. PP'ANN: You could park four trucks of the also you use there?
MR. AN98: Yea, I can.
MR. VIAVRR: Do customers need a place too? The" four parkins
spaces, are they intended for your vehicles or for yodr
customers?
Mit. ANUS We are required to have two for our retail business.
I fill these up in front. TWO- is plenty of room in 9Ci
for at least six or seven vehicles.
UBCVTIVE SESSION, ITHACA BOARD OF ZONING "BEALS, APPEALS Np$. 749,7329733
THE CHAIR: Appeal No. 749
MR. PFANNt Move to grant the exception,
MR. RWANICKI: second.
Discussion, after which:
Mt. PFANNs Witbdraw my motion.
MR, WEAVER: Have to grant the application because the exception
required is insignificant as to deviation from the
Ordinance.
MR. RWANICM Second.
VOTEt Yes - 4 No - 1
THE CHAIRt No. 732
M. IWANICRII Move to dewy the application for the reason that no
hardship has been shown.
Mt. RLWOODt Second.
VOTE: You - 4 No - 1
THE CHAIR: No. 733
MR. WEAVER: Move to grant the application because we feel that
special conditions exist and the granting of the sx-
ceptions will provide the some space with a less
hazardous structure, enhance the appearance of the
neighborhood, and provide more off-street parking than
now exists, with the express understanding that this
property will be completed within three years.
MR. RWANICKI: second.
VOTEt Yes - 5 No - 0