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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 -2- 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. 4 -3- 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 -4- 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 $3000 bili. maids it is practieullg,-s -sbambles. Plaster is off the wails and there are vary`msadfur nishiugs, and this lady Ls now in a sursiag � nd by reason of infirmity of mind and phymas bm , she Is never going to be able to operate this again, which Is her only asset. She has no stay to pay. ti se t Is. she has no funds to renovate the prealsss nor to onvn t to apartment&. She dots not know what to do. she has got to sell. T1M.,prop:rty is worth much more if it a be used as a barber shop, and wa bavor sn opportunity t sell it at a r"sonablwpr1o*# as long as the barber shop can occupy the parcel'. I have some pictures here to show the parcel next north, which is built to the line and occupied by a liquor store, and I will file these aftV*c with the Board. This is s picture lookins we t from Rgan'a Store directly across the street. Certdln y there is other commercial use in the area; on the soot side of the street from Dryden Road to Catherine Stree there is only one property which is not a commercial venture. For the purposes of your infox tion I have listed the uss of all the properties on both sides of -6- the street from Aryl Road south to this block. You will notice on the west side you have the First Nati1 Bank on the corner and apparently they rent a portiolus of it. You have the Collegetown Motor Lod$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. -9- 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. _10- 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. -li- 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