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HomeMy WebLinkAboutMN-BZA-1971-06-03 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK June 3, 1971 ..•w••�r.N.•.r..•••ww••wr••r••r•rr•..•..r••rrw•••••rwr••.r•••w�••••r••••r PRESENT: RALPH P. BALDINI, Chairman r JAMES ROGAN HARRY BORTZ GEORGE HARPER ANTHONY PETITTI FRANK ALO EDISON JONES, Building Commissioner & Secretary Chairman opens meeting, listing attendance of members and appeals to be heard. MR. JONES: With reference to Case No. 898, the Appeal of Bill Zakskis Chevrolet, Inc., 401 Elmira Road, Ithaca, New York, for a special permit to erect sign at above address, under provisions of Section 79 Column 4, is a Br4 district, this case will have to be set aside for tonight because we have learned that under the law, where a zoning change or exception requested, borders on a State park or other community property„ r u this must be set aside for thirty days. MR. TSAPIS: I represent Mr. Zikakis and we are interested in making sure that this does not get lost over in the Planning office. Reserve our rights to report back in thirty days. a -2- THE CHAIR: Our first case tonight is No. 931, the Appeal of Donna R. and Alan J. Boardman, 15 Hudson Place, Ithaca, New York, for an exception to erect residence at 13 Hudson Place, Ithaca, New York, under provision of Section 7 Columns 13 and 149 in an R-2 district. Who is appear ng? ALAN BOARDMAN: I as Alan Boardman, representing my wife and myself, of 15 Hudson Place. We would like to construct at 13 Hudson Place a house, 30 feet deep and 64 feet long. 22 feet would be garage and 42 feet would be living a ea. This would require an exception because the Zoning Or i• nance requires 15 feet between each end of the house nd the side lot line for a two-family house. The house would like to build would have 10 feet on one side of the lot and 11 feet on the other side, instead of 13. This would leave 25 feet between the house at 15 Hudson Place and the one I want to construct, and on the other side 39 feet between that and 11 Hudson Place. If I do not get an exception then I either have to leave the garage off or have the garage a separate building, which would take up just as much space, or orbiting the living area in a north-south direction. This would cause the house to protrude over into the back yard and also mak It more expensive. I have a problem now to build it f r a reasonable cost. The lot slopes steeply down hill towards the north and I suspect if the house were in t e other direction the house would have to be at least 5 feet deeper on the other end. THE CHAIR: According to your drawing, will these three houses be on the same line? A. Yes, 25 feet back. Q. This new building would be 2 feet beyond the house at No. 11 and 4 feet beyond the one at #15? A. Yes. -3m THE CHAIR: Is there any one here speaking in favor of this appeal GUS STRATAKOS: No. 7 Hudson Place. He can build it. It dont bother as any. MR. BOARDMAN: I did notify every one within 200 feet of the lot. I notified Mr. Glover across the street and he sent a note back saying he saw no objection. THE CHAIR: Is there any one here who wishes to oppose this appeal None. M4« THE CHAIR: Case No. 932, the Appeal of Theodore Bellisario, 129 Pearsall Place, Ithaca, New York, for an exception for an addition at above address under provision of Sectiom 7, Columns 7 and 13 in an R.2 district. Who is appearing? THEODORE BALLISARIA: I am Theodore Bellisario, of 129 Pearsall Place an I would like to build a 20 by 30 addition to my home, it small apartment. The lot size is thequestion and the side yard also, but it would only continue from the present structure which is 4 feet from the lot line. My lot size is 60 by 122. MR, AIA: Is there any way to get back there? A� Yes, there will be a sidewalk. MR. HARPER: How about parking? A. I will provide off-street parking for one. MR. PETITTI: Is there a driveway? A. Yes, and I am planning on widening bhe driveway for two cars. THE CHAIR: Where is the driveway? A. My house faces north and the driveway would be west. I own the driveway. The addition is to be on the south side of the present building. (Draws sketch on board) THE CHAIR: Is there any one who wishes to speak in favor of this? FRANK McCONNELL 125 Pearsall Place. I an the immediEte neighbor on the left side. I think I would be the person most likely to object and he informed me of his intention to build and I have no objection. It seems like a reasonable idea and that it would increase the value of his property and I should think for the neighbors also. THE CHAIR: Is there any one appearing in opposition? RALPH BONNETT 133 Pearsall Place. 405M RALPH BONNETT & Mrs. Bonnett: 133 Pearsall Place. According to the line, they have a chimney on the end of their house about 18 inches fr the line on the east side of the house. We have closer to three feet back by the garage instead of six inches. Our house is 30 by 30. We have 24 feet from the edge o our house to the west lot line. On the east side of our house is exactly 60 feet including our house to the lot line on the side. Also the people on the west side are just selling their house and I don't know if the people buying are informed of this or not. I don't think too many of the neighbors up there want apartments. I thin they will object. Opponent's Exhibit 1 marked and Mr. Ralph Bennett indiw Bates his house and Mr. Bellisario's house. THE CHAIR: Is there any one else who wishes to speak? MRS. RALPH BONNETT: I would like to ask Ted where he considers the lot line is as to where he put his grape vine. A. Right where the surveyor put the stakes. u Q I would like to know why he feels this addition is nece sary A. I want to get ahead. ELVA HOLMAN: 141 Pearsall Place. I would like Ted Bellisario to sh me where he expects to put the off-street parking. (Mr. Bellisario indicates on sketch) . Does he expect to cut part of the bank out? A. Yes, I will cut out the bank, HAROLD EMERY: 134 Pearsall Place. I am concerned about parking on the street and there is a good bit of it there. I do not know how many cars Mr. Bellisario has nor how many his garage holds; there is usually one around, and if you are going to take more of the bank away, this will make others loo around for more parking. -6- MR. BELLISARIO: I keep one car on the street. MR. ROGAN: How far is the garage door from the curb? A. On that side there isn't any curb but I an planning on going in 22 feet or so. The car will be off the stree . MR. HARPER: How far will the garage be from the street line? . A. Approximately 22 feet. DONALD NIEWYK: 154 Pearsall Place. I have lived there for a year. I is pleasant but congested. I would like to speak against this to minimise the congestion in parking and on the road. I know Mr. Bellisario has two feet, , possibly three. Perhaps they will bring in tenants with two or more cars and I think this would tend to change the nature of the neighborhood. I think we should draw the line here. ORYEL CURTIS:. 138 Pearsall Place. My concern is about the off-street parking. MY house is diagonally across the street and in the winter time we do have problems, being on the side hill, with no place to put the snow. We like the neighborhood up there with mostly one-family houses, and certainly with apartments it would be more congested. -7- THE CHAIR: The next case is No. 933, the Appeal of Bill Avramis, 139 Hudson Street, Ithaca, New York, for an exception for front yard requirement for business at 319 College Avenue, under provisions Section 79, Column 12, in a B-2 district. Who is appearing? STANLEY TSAPI3: I would like the record to show we have forwarded to the Building Comad ssioner and Zoning Officer, Edison Jones, the affidavit of service by mail to all the par es. Appellant's Exhibits 1 through 4 marked for identification The-purpose of the appeal is on behalf of Bill Avramis of 319 College Avenue. He owns property at 319 Colleg Avenue, property on the east side of Collegetown betwe the liquor store and Cosmopolitan Restaurant across m Collegetown Motor Lodge and the College Smoker. The purpose of his request is for exception to front yard requirement. Mr. Avramis proposes to construct commer cial stores in the front of this building. Exhibit 2 is a photograph of the building as it presently exists Exhibit 4 is a close-up of the area in front of which ire intend to build. Exhibit 3 is a picture of the buildizg to the south of the premises, showing its location to the southwest. Exhibit 1 is a picture showing the bui d- ing to the north of the building, which we expect to Wild. To speak on behalf of my client we brought J. Victor Bagnardi, who is designing the facade and addition, an I would like him to present the drawings to the Board. J. VICTOR BAGNARDI: Being duly sworn, answered as follows; BY MR. TSAPI3: Are you a licensed architect, licensed to practice in the State of New York? A. I am. Is your office in the City of Ithaca? A. Yes. Were you engaged by Bill Avramis to draw plans for the remodelling and a new facade for his building on College Avenue? A. Yes. Are these the plans you have given to this Board? A. Yes. Will you describe briefly as to what is being constructed? A. To extend the front of the building approximately 20 feet, and the width of the building 35 feet. It will be of masonry construction -8- MR. BAGNARDI (continuing): fire-resistant, air-conditioned. Q. You have a facade on the drawings - when you say of "masonry, construction", what will the front portion be A. Brick and the sides brick. Q. Do you have any estimate of the cost of these renova- tions? A. I haven't gotten that far actually, but I would say around $259,000. Q. Are you familiar with the neighborhood in which this construction is proposed? A. Yes. Q. Is it a commercial area? A. Yes. Q. Are there buildings built to the southwest? A. Yes. Q. Across the street also? A. Yes. Q. And would there be in your judgment any change in the character of the neighborhood if the Board permitted this extension to the front lot line? A. Not at all. I think it would be enhanced. ' MR. ROGAN: U13.1 you change the width? A. No. Q. Leave the driveway? A. Yes. MR. TSAPIS: On the north side will there be room for entry into the apartment house? A. Yes, that will remain. Q. Is the only exception we are seeking that of the from yard exception? -9- A. Yes. Q. Do all other things comply with the Zoning Ordinance? A. Right. MR. ALO: What is going in here? A. Up to this time they have not successfully negotiated any leases. They have talked of a card shop and gift place, a travel agency, but no leases yet. They are taking a wait-and-see attitude. If we can get the front yard exception it would be much simpler to lease. BILL AVRAMIS: Being duly sworn, answered as followsf BY MR. TSAPIS: What is your full name? A. Bill Avramis. Q. How are you employed? A. Self employed. Q. Where do you live? A. 139 Hudson Street. Q. In the City of Ithaca? A. Yes. u Q. Do you own the property at 319 College Avenue? A. Yes. Q. For Yaw long? A. Seven months. Q. Are you here requesting an exception to the front yard requirement? A. Yes, Q. You have heard Mr. Bagnardi? A. Yes. Q. Is it your intention to construct such a structure? A. Yes. -10- Q. Why do you find it necessary? A. It would be good for the Collegetown, more stores can be there, and for me, I hope now enough money with the premises. Q. In order to amortize the loans on the building and mak a profit, you can have additional income? A. Yes. THE CHAIR: Did he know this when he bought it? MR. TSAPIS: Yes. Q. How is the building presently used? A. Storage, Q. And this part you intend to use for commercial stores? A. Yes, and storage. Q. What about signs? A. We would comply with the Zoning Ordinance. Q. Are you willing to give to this Board a statement that you would never come to this Board for a sign? A. We have no present intention. THE CHAIR: We have had this problem before and people do come back in for a sign. MR. TSAPIS: We knew we-were supposed to do it at the same time and there is no intention to come back for size of sign. We would comply. MR. BORTZ: How many signs are you planning on? A. One for each store, whatever the law allows. I assume they would be on the building but if the law permits one over the sidewalk we would request that. THE CHAIR: I understood Mr. Bagnardi to say two stores. MR. TSAPIS: Our plans call for two stores. If we are able to find one tenant there would be just one store. -11- MR. PETITTI: One store building? MR. TSAP1S: Yes, sir. I would like to point out to the Board that there is a past experience on this subject with refer- ence to the liquor store which has been constructed further down the street and the buildings on the other side of us also, and it would be a hardship if Mr. Avramis were required to have a 10 foot set-back. THE CHAIR: Is there any one who wishes to speak in behalf of this application? JOSEPH LEONARDO: 209 Dryden Road, right around the corner, and I think it would benefit the community if he were able to ex- tend this. There is a vacant spot in there and to ML in would be better for the community. BEVERLY EVERTS: 305 East Fall Street. I am here on behalf of Mr. and Mrs. Harry Ryerson, and they, are in favor of this. NICHOLAS NESTOPOULOS: 7 Giles Street. I am property newt door, 315 Colleg Avenue, and I think it will be a good idea for busines up there - with no restaurant. MARGARET ANAGNOST: 312 College Avenue. I am much in favor. We have had a bare spot across the street for many years. I have seen the plans. They are excellent and an improvement and we would like to go on record as being in favor of it. TONY DI SANTIS: 215 Dryden Road. We own property and so does Joe Leonardo and we got into an argument with the neighbo and I would like to do. something about it. It's all right if they don't put a restaurant in. What will they put in? THE CHAIR: Not a restaurant. MR. DI SANTIS: All right, if they want to put a store in, I am for it THE CHAIR: Is there any one who wished to speak in opposition? None. -12- THE CHAIR: Our nwct case is No. 934, the Appeal of Mrs. Hazel L.' Soyring, 1977 Taughannock Boulevard, Ithaca, New York, for an interpretation and variance at 614-618-620 West Clinton Street, under provision of Section 7, Column 2 and provision of Section 99 in an R-3 district. THE CHAIR: Reads the following Memorandum: TO: Board of Zoning Appeals FROM: City Planning Board SUB: Request for an interpretation of the Zoning Ordinance and variance to Sec. 79 Col. 2 of the Ordinance at 614 and 618- 620 West Clinton Street in R-3 District - BZA Appeal #934 DATE: May 26, 1971 The Board referred the above request to the Codes and Ordinances Committee for study and will forward its recommendation to the Board of Zoning Appeals prior to the June 3 meeting. THE CHAIR FURTHER READS LETTER RECEIVED CONCERNING SOUTH SIDE ZONING & REPORTS BY PLANNING BOARD TO BOARD OF ZONING APPEALS. THE CHAIR: In reply I would like to say that if Mr. Meigs had knovai he was not able to do this he should not have sent to this Board of Zoning Appeals the notice that we would have this prior to this meeting tonight. Let me quote to you: "This Board had asked for secret reports from the Planning Board as to this memorandum". I have neve heard this Board take any action asking for secret actin. We only asked that we be advised as to the results of the Planning Board as to matters coming before this Board. We would like to be apprised of the Planning Board's action so that we do not have to get it from the news media. I called Mr. Weinstein the day after I got back about this and I would like to refute this right now. On WHCU Dave Stewart said "We were not present atyour meeting last week. We were never asked to that meeting and the implication that we did not give a damn is not true. We were not apprised of this." We have been critioised unlawfully. These are my own comments. I was away three days last week and the reasoin for moving this meeting up was because two of our members would be out of town. It would be most beneficial to every one if we could have a quorum at each and every meeting. -13- MR. PETITTI: I think we should say something about this statement by Mr. Nordheimer. MR. ROGAN: This is the first time I have ever seen him at a meetirg so I do not know where he gets his information about what is going on at the Board of Zoning Appeals. MR. ALO: I would prefer not to air our linen in public. THE CHAIR: It was an intent to set the record straight. I came back to hear that we had asked for secret information from the Planning Board. It was reported that they asked for a ruling from Mr. Weinstein. PETE WALSH: It was reported that the rules came from the Planning Board in private. THE CHAIR: No, we asked for a report prior to the meeting of the Board of Zoning Appeals if possible. The implication in the paper was that this Board had asked for a privalle report and this is not true. This was not the intent of this Board. We objected to reading about the P1 g Boards recommendations before we got them. If they meet before that day we get it later. Why can we not get the information at the same time as the papers do? I think we have to have a meeting with the Planning Board so that the procedural matters can be gone over. We want to know why the Planning Board says they do no have enough information. If we have been dragging our feet, I want to know why we have been dragging our fee . There has never been any intention to censor the Press That we want this done in private is obviously a false;hood. -14- THE CHAIR: We now go to Case No. 934 With no recommendation from the Planning Hoard. WALTER J. WIGGINS: Mr. Chairman, I feel somewhat like being in the center of a storm. I assume of course that the application will be reviewed on its merits. Appellant!s ;Exhibit 1 marked for identification This is just a City map. Very briefly the problem is as follows: I am representing Mrs. Soyring, who owns premises at 618 West Clinton Street shown on this map as a black dot directly across from the Co-op Shopping Center. What is intended is the construction of a neighborhood parking lot. First, an interpretation of the Ordinance arising from Section 9(h), and its ambigu ity perhaos. (Quotes from Ordinance) Taking that language alone we feel there is no need for a variance because what is intended to be constructed i a neighborhood parking area. Under your definitions it defines neighborhood parking area as follows: (Quotes) I believe what is intended by the definition means a private parking area, and under 9(h) is intended to be commercial use as a neighborhood parking area. In this case, in an R-3 zone we do not need to proceed further. What we ask is that you provide us with an interpretation of the Ordinance. If you approve 9(h) we need go no further. It is not our intent to provide a parking area for persons who occupy adjoining areas. (Board members refer to Zoning Ordinance) The application has been made to the Building Commissioner and has been denied because of the conflict in language on page 5 and the language in 9(h). Perhaps we could proceed with the proof for the reasonableness of the variance. THE CHAIR: Will you proceed? MR. WIGGINS: All right, sir. Appellant's Exhibits 2 through 11 marked for identification -15- MR. WIGGINS: I would like to show you photographs of the two dweUbkgs in wuestion; it is the intention to demolish these dwellings and construct a neighborhood parking lot. (Exhibits 79899) The lot is designed by Levatich & Miller, who designed the addition to the Co-op some years ago, and it would provide for a total of 45 parking spaces. The intention is that the tenants of the Co-op, the stores, their employees and employees of the Co-op would use this facility during the day time and it would become available for neighborhood use in the evening as used over the jNxt number of years. I will ask Mr. Brill to describe the basic character of the lot. ROBERT BRILL: General manager of Co-op Food Store. The lot is approxi- mately 130 by 140 feet; the depth is the greater measure- ment. The lot would be on the north side of West Clinton Street. The lot, as you can see, would be landscaped. Ordinarily there would be room for approximately 60 ca s, but by putting in curbs, grass areas and trees, a hedg of yews along the back and a fence all the way around, will out the capacity of the lot to 45 cars. The tree would be three inch locusts, eight of them. They wool be approximately 18 feet from the line, would extend o er the sidewalk in the street area. The sidewalk would b re-built as necessary. MR. WIGGINS: Were the curb cuts designed in any way? A. Yes, narrower so cars would not come in and go out the same driveway at the same time. We have not yet decided on exit and entrance. They would not be directly across the street from any driveways presently there. Q. What is your official capacity? A. General manager of the Co-op. Q. For how long? A. With the Co-op 24 years, the past 7 years as manager, and the past month as general manager. Q. I show you Exhibit 11 - what are they? A. These are signatures addressed to the Co-op Store Management, petitiDning for more parking area by the customers. These came to us from one o our tenants. -16- Q. Md a time come when the premises in question were offered to you by Mrs. Soyring? A. Yes, about a year ago. Q. From that time to the present did another time come when you entered into a contract to purchase the premises • provided they could be used for neighborhood parking a described? NIR. ROGAN: What will you do at night with this? A. It will be opened for neighborhood parking at night. MR. ALO: How are you going to police this? MR. WIGGINS: I think the employees are the most likely policemen. It seems to be in every one's interest to have the em- ployees park there, and it should not be a hardship fo the employee to walk across the street. The reason we have done this is to use this lot for employees rather than customer parking. MR. ROGAN: Can any one park in there? MR. BRILL: I doubt if there would be room, and if a car were left there two or three days, we would call the police. THE CHAIR: Would you have signs up as to its being reserved during the day? A. We have not thought that far. We would rather not have signs. THE CHAIR: I am sure if the employees get there early enough that would solve the problem. MR. WIGGINS: Gentlemen, with respect to the question of hardship, I would like to call Mfrs. Soyring, but perhaps I could outline generally what the problem is. As you can see from Exhibit 1, the area is surrounded by commercial zones so that the dwellings designed originally for one family, also converted for two-family, become less and less desirable for rental purposes and less desirable become the tenants who are less interested in maintairitig the premises and it increases the cost. Mrs. Soyring intended that Andy would maintain the properties as he did, but he recently died and Mrs. Soyring has been left f to call upon tradesmen. As a result the properties are _17_ MR. WIGGINS: (continuing): deteriorating, and the more they deteriorate, the less valuable they become as a rental property. I ask you to consider in evidence here the Internal Revemme Service return Which will show the cost of maintaining these properties is not commensurate with her income. Also we have letters from adjoining neighbors, all of whom favor this. Mr. and Mrs. Priori own on both side of the property. I will read this letter from them, which is marked Appellant's Exhibit 2. "612 W. Clinton St. Ithaca, New York 14850 June 2, 1971 Board of Zoning Appeals City of Ithaca 108 E. Green St. Ithaca, New York 14850 ATTN: Mr. Edison Jones, Secretary and Zoning Officer Dear Mr. Jones: As the owner of properties at 612 and 622 W. Clinton St., City of Ithaca,' both properties which bound the properties known as the Soyring property at 614-618, which are currently being considered for a zoning variance in favor of the Cooperative Consumers' Society to be used as a parking lot, be it known that I have absolutely no objection to the above mentioned zoning variance and would welcome the change. The two properties involve have greatly reduced the value of my properties and I feel that a nicely landscaped parking lot would be desirable in place of them. Sincerely, Bruno Priori Catherine Priori" MR. WIGGINS: Call Mrs. Soyring. Mrs. Soyring, being duly sworn, answered as follows: Q. Are you the owner of premises at 614-618 West Clinton Street? A. Yes. Q. For how long have you awned these properties? A. Previous to 1966. Q. Prior to his death, your son Andy, maintained these properties? A. Yes. -18- Q. Since that time have you been called upon to engage the services of tradesmen to maintain these properties A. Yes. Q. I show you Appellant's Exhibit 12 and ask you if that is the statement you signed in accordance with your ap al? A. Yes. Q. Are these facts which are set further in this statement true? A. Yes. Q. If I were to ask you questions for the answers as set forth in that statement are true, you would answer "Yes"? A. Yes. JOHN VASSE, being duly sworn, answered as follows: BY MR, WIGGINS: What is your name and the nature of your profession? A. John Vasse, realtor. Q. For how long have you been a realtor? A. Twenty-five years. Q. Where is your office? A. At 420 West Seneca Street in the City of Ithaca. Q. For how long have you been engaged in this profession in the City of Ithaca? A. Twenty years. Q. Did a time come when you made an appraisal of the properties at 614-618 West Clinton Street? A. Yes. Q. Was this at the request of the Co-op? A. Yes, requested by Robert Brill. Q. Would you describe your findings? A. MY appraisal was very low because of the physical condition of both structuf8$-- -19- Q. Could you determine from your examination of these premises whether or not their state of destruction was occasioned by tenant damage or general deterioration of the buildings? A. Both age and lack of needed repairs and over-crowded conditions. Q. Have you had occasion to become familiar with the general neighborhood? A. I have bought and sold property in the area and have done work for Bruno Priori, and I think in general the trend is up. Q. Based upon your experience and general knowledge of the area, do you have an opinion as to whether or not the neighborhood parking lot as described in Exhibit 10 wovld be an asset to that part of the Ithaca community? A. I think it would enhance the entire neighborhood. Q. Is it feasible in any way to -restore these as tenant properties? A. No, not economically sound. Q. What is your best opinion of the best use of these properties? A. Some commercial use could be valuable. Q. Is it my understanding that in your opinion, based on your experience, to create the best possible use, would be to demolish or raze the existing structures? A. That is true. MR. WIGGINS: Offer Exhibits 1 through 12 in evidence. THE CHAIR: Received. MR. ROGAN: Will there be any lighting at night? MR. BRILL: We would install at least one high intensity light near the back. MR. WIGGINS: If the Board felt, in considering this appeal, that ground lighting would be better for the best interests of the neighborhood, than overhead lighting, would you agree? MR BRILL: Yes, -20- REVEREND CLARENCE CHRISTIAN: 318 South Corn Street, Ithaca. I live three houses from the said properties and I taink that the condition of the homes that are there makes that side of the street an eyesore, and I think it the best thing in the world if they were to change it to a parking lot there, anything except what we have there nim. I had friends recently come to visit me and they said they liked my location - I have been here eleven months - and they said the only thing was that there were two houses there that were bad. I concur with the idea that these should be removed and that the parking is the best u thing to have in the neighborhood. DURCEY STAFFORD: 303 South Meadow Street. Yq husband and I are very much in favor of this as an employee or tenant of the Co-op, for an employee parking lot but not as a customer parking lot. The street is hazardous for a parking lot and if they had customer parking over there it would be a hazard but if for employees, we are much in favor of it. JAMES DUNSTON: 508 West Clinton Street, and member of the Co-op. If interpretation is made as to neighborhood parking lot, it might make a difference. If it were a variance it would be another problem. The people there are much concerned about the value of the area, about spot vari- ances. I know the two properties and I know they are deteriorating. I know what they are wrestling with, so the big question comes up with the interpretation of neighborhood parking, but if it came to a change in com- mercial zoning you would have a concern. The people ar trying to upgrade the neighborhood. Yor main reason is to tell you the people living in the south side are con corned, so I think my main concern is the interpretation as to whether it would call for a regular neighborhood parking permit or a variance. Making a decision can very well determine the character of that area. THE CHAIR: We do not have the power to change the Ordinance. We • are in effect changing the zoning by spot zoning, but we do not have any legislative powers. We can not chan e it but we can interpret it. MR. DUNSTON: When two lots are zoned commercial it has seemed to make it easier for those around it. THE CHAIR: All I can say is that each time this is done it must be done by a separate variance. Each case is supposed to be judged on its own merits. These are in effect "spot zonings". -21- MR. DUNSTON: The other question is as to future use. BLANCHE THOMPSON: 226 Cleveland Avenue. It will be just like where I am now. You can't rest around there, with Kentucky Beef and Mr. Doughnut, and it's 24 hours a day or night and you can't sleep and you can't even rest. That was supposed to be closed down at a certain time and I am going to see what I can do about it. It will be another thing just like it is now. THE CHAIR: Mr. Brill said they might put the lights in the back �•/ of the lot. How do you feel about that? MRS. THOMPSON: I pity them if they suffer like I do. I can see any- where in my house without putting an my lights. SAM MhNEIL: 132 Clinton Street. I am a lessor from Co-op. I run a Woman's Liberation type of business, washing and dry cleaning. Because I rum this business, which is the main source of my income, in this area, I would like the community to express my business as I feel I can brag about my clientele. I think the people in this area are interested in a fine community and I do not think this would be deteriorating in arty way in this com- munity. I think it would enhance the area and I believe they would take care of the parking lot. Therefore, I am in favor of this action at this time. THE CHAIR: Is there any one who wishes to speak in opposition to this? DONALD SLATTERY: West Court Street. If possible, I would like to ask some questions. Is it possible for the Co-op to extend its operation to the east? MR. WIGGINS: Ido, the problem is that the people who own these pro- perties have not met them for sale. MR. SLATTERY: How many tines has the Co-op expanded in the last ten years? MR. WIGGINS: My recollection is three, two to the building itself d and the construction of the Plaza Center. MR. SLATTERY: Say that some time in the future you wish to expand ag1in? MR. WIGGINS: It is possible of course. -22- MR. SIATTERY: Would you say that the Co-op has doubled its business in the past ten years? MR. WIGGINS: Yes, to five million dollars. MR. SIATTERY: That is an expanding operation and mfr concern is com- mercial parking on the other side of the street. Could this become a commercial venture? MR. WIGGINS: The Co-op has not requested a commercial use of this property. They have just asked to construct a neigh- borhood parking lot. MR. SIATTERY: I would like to go on record as opposed to this. CHARLES HAREK: Esty Street. I support Mr. Slattery's argument. It seems they would expand further. MR. WIGGINS: What is the nature of your interest? A. I know a lot of the people in that area and I am inter ested in the south side. Two houses may not seem a to but you will, be displacing the people who live there. THE CHAIR: Are there people living there at this time? MRS. SOYRING: Two families and they are both looking now for places. MR. HAREK: For the south side I say the parking lot is not there for the community. It seems that the Co-op has expanded and is now saying, "We need more parking." This is rather than saying before "We need more parking." One furthe point is that if the variance be granted as a parking lot now, how can it be economically feasible to build houses on an old parking lot? DONNA WILCOX: East State Street. I own property on Cleveland Avenue and am down there at least once a month; I know the families; I see the pride they have in the area and they desire to keep it residential. I know of the housing shortage in Ithaca. Therefore I do not want a parking lot where there are houses. Perhaps the houses should be sold and other type of houses put on the land. Thai land is valuable; they are near the grocery store, the laundry, uptown, schools, other facilities. The house to you and to me is undesirable but it is desirable for housing in Ithaca, and I think that land should be use for housing. I -23- MR. WIGGINS: It is just not economically feasible to use it for housing. DONNA WILCOX: Perhaps we should find a use. Perhaps something could be done. L -24- THE CHAIR: The next case is No. 935, the Appeal of John Vasse, 420 West Seneca Street, Ithaca, New York, as agent for Nancy Clines for a variance for retail store at 613-61 West Green Street, under provisions, Sections 7, C01UML 2, in an R-3 district. JOHN VASSE: Appellant's Exhibits 1,2,3 marked for identification I am John Vasse and I am requesting a variance from a residential R-3 zone at 613-615 West Green Street, knoim as the Nancy Clines property, a commercial barn and an old abandoned house. It is a big red barn, last occupied by Shulman's Furniture, for warehousing. The property `-� is in very bad physical condition; it was established on a lot 66 by 132. It is across the street from a i- ness zone occupied by Art Craft Printers, up the street from Kentucky Beef and it lies between Meadow and Corn Streets. I have tried before for a variance for resi- dential purposes. They have had the property for sale at least ten years. The Clines do not have a lot of money; they are interested in seeing something happen. You will say the place looks intolerable; but the buililingo is not in such a state that it can not be saved. My purchaser, Mr. Perry, has an intent to use this for goed used furniture and antiques. He wants to eliminate thq eaves; generally he wants to clean up the property and make a retail outlet here, and I think it would enhance the neighborhood. I think the Building Commissioner might comment on it himself. I offer this Exhibit 39 which shows how the buildings lie (Exhibit 3 being plc u plan). I think if this variance were granted it would solve the hardship problem; and that it would help Mr. Hart on the east and west. I think that is my case. I am requesting this use for antique and good used furnitur . Our wares will be under cover within the barn. MR. ROGAN: Is this man planning on living in the house? A. No, he wants to refurbish it and use it for an office. MR. ALO: What are the hours of operation? A. Strictly those of the other stores, such as nine to five, possibly one night. MR. PERRY: Mostly nine to five. I -25- MR. ALO: Does he intend to put his wares out on the street? A. No, it will be in the barn under cover. People will have to enter the barn. He would be refinishing antiques as such. THE CHAIR: What kind of equipment would be used for refinishing and furnishing- would there be any noxious fumes? A. There are sewer facilities. RALPH PERRY: There is a commercial product for this. A vat made wi h a water base in which you put a chemical and there are no fumes. I intend to investigate further. THE CHAIR: How do you intend to dispose of waste products? A. It is a water base and will go down the sewer. MR. JONES: If it is non-toxic it might be acceptable. EEFORREST FORMAN: I believe this would help this neighborhood and believe it has real good features and I would like to see it go. THE CHAIR: Is there any one to speak in opposition? BLANCHE THOHPSON: I really don't want to see a residential section spoiled by these chemicals and things. It will be just like Kentucky Beef and Doughnut Shop. I don't want an antique shop. Why don't they put up some houses? Ithaca is the worst looking place, nothing but holes. If they have parking lot they might as well have the antique shop and everything will go haywire. JAMES DUNSTON: I remember the last appeal was like a catalyst - sometking trying to work with City Planning. Once this begins, ` this is a problem. There are enough commercial areas in the City now for this type of thing. This sort of thing is going to happen before they get a chance to help the City. There are other areas suited. We have a plaza with vacant stores, a shopping center going up a lot of areas that could stand the development. RALPH PERRY: East Lincoln Street. I would like to say on behalf of myself that I realize W sentimentality these people have for the south side. I want to show them I feel the same; I own four pieces of property on Cleveland Avenue, have had them for four and a half years, and most people i -26- MR. PERRY: (continuing): know how much I have upgraded these properties and it is my intent to do the same with this piece of property; that I can make it attractive MR. AIA: When did the Clines purchase this property? JOHN VASSE: I think she inherited it from an aunt, and at least twelve years ago. Mr. Dunston talks about saving that south side. It is inevitable that it goes commercial These people are paying money for these properties. I think the highest and best use is commercial use. I think the zoning should be spent in the back yard instead of out in the street. -27- THE CHAIR: As to Case No. 928, the Appeal of Ignacio Serrano of 812 Hanshaw Road, asking for an exception to the Zoning Ordinance under Section 7, Column 7, property located at 209 Williams Street, Ithaca, New York. We have an adjourned hearing now in regard to Appeal No. 928, in furtherance of our request for more infor- mation in order for this Board to act on this appeal. Appellant's Exhibits 1 through 5 marked for identificatLon RICHARD I. MULVEY: Offer Exhibit 1. As you will recall, on May 4th I appeared before this Board with respect to an exception at 209 Williams Street in the City of Ithaca. At that time the matter was ad- journed and I was advised to furnish more information. I have discussed the parking situation with an official from Cornell University, and refer to Exhibit 1, marke for identification, and offer this into evidence. Within 200 feet of the site is a large parking lot, an Cornell University has assured me we may use this on an annual basis. This communication is as follows: " 313 East Court Street Ithaca, New York 14850 1 June 1971 Richard Mulvey, Esq. 403 Seneca Building Ithaca, New York 14850 Dear Mr, Mulvey: Thank you for your call of 27 May. Your client can be assured of � parking space for four automobiles in the lot at 401 Stewart Avenue for an annual rental, payable in advance, not to exceed $100.00/year/automobile. This is an outside figure and might not be quite that high, espeoialLy for an annual rental payment. If your client's apartments will be ready before 1 September and you wish to enter into a more formal arrangement, I ask that you contact Mr. M. R. Shaw, Deputy Comptroller, in Day Hall, ph. 256-4347. I will be out of town until 1 September, but will look forward to serving you then. Sincerely yours, /s/ Richard W. Arnold Parking Lot Manager " -28- MR. MULVEY: I offer Exhibit 2, which is a survey of the property by Carl Crandall., C.E. I offer Exhibit 39 which is a photograph showing the driveway into this property. After the hearing on May 4th I went to the premises with Mr. Jones, in my car, and we measured the driveway, nine feet in its narrower spot, and I could negotiate it with my oar. I have spoken to Mr. Serrano and he has assured me he will blacktop the driveway. It was recommended that the lowest step be removed but I found no difficulty in driving in. While I was there with Mr. Jones, we four as shown on Exhibit 4, that two cars can be comfortably parked, and perhaps three. The other Exhibit is 5. Mr. Serrano owns the property next door to the motel and in which he has a parking lot which contains ten spaces, six of which he leases out. Mr. Serrano advises me that in the last year in the premises he owns at 207-209 Williams Street, only one student resided there who owned a car. I think this type of housing appeals to students in the lower status, and they usually do not have cars. At this time he has expended $99000 in the property and his total investment in the barn will amount to $129000. I think we paced this off and parking in the rear was about 30 by 30 in front of the barn shown on Exhibit 6. It does appear that we have no problem in obtaining all the off-street parking from Cornell University that we �.,• wish, and it does appear there would be sufficient parking and access to the rear through that driveway if it is properly prepared. Cornell University has given us a figure of approximately $100 per car per year. MR. ALO: If they do not wish to pay this we would have the street parking again. MR. MULVEY: I think if the exception is granted and if the tenants have cars, that the responsibility would be Mr. Serran 's and that he would have to absorb it or pass it on. I spoke to Mr. Shaw and he told me they would be happy t lease them on a year to year basis and would give a reduced rental. -29- MR. HARPER: What happens if Mr. Parke builds there? MR. MULVEY: Cornell University owns it. Q. How about Mr. Ruuspakka? MR. MULVEY: I think he has been ill-advised. He has blaektopped it for us. When I was here before I told Doctor Baldini that I did not think I would drive my own car in but I did. u I EXECUTIVE SESSION, BOARD OF TONING APPEALS, CITY HALL, ITHACA, NEW YORK June 3, 1971 AIA: Move that this Board deny request in letter to Board of Zoning Appeals, from The Firestone Tire and Rubber Company, Inc., dated May 40 1971, and insist that appellant complies with stipulations of the original hearing on application for exception. BORTZ: Second. VOTE: Unanimous. EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY HALL, ITHACA, NEW YORK June 39 1971 •www Mw Illw wa ww wwww••www-r w ww wwwwww wwww w rwsww r+gts�tlAtrM�twN�►wwrww�twl��lstf ww«.�MIIrsD Case No. 931: PETITTI: Move that the application for exception be granted. ROGAN: Second. FINDINGS OF FACT: 1) That grouting exception for side let requirement would in no Way endanger the ingress and egress of emergency vehicles; 2) Appellant has plenty of Width to build; 3) Appellant could build without appearing before this Board if he would detach the garage and therefore it seems impractical to require appel- lant to build detached garage. VOTE: Yes - 6 No - 0 Application granted. 3 EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY HALL, ITHACA, NEW YORK June 3, 1971 rrr+l►•••w•••r��•M••1�r•••wr••�1w•••rMw•••wrww•w••rr•w•rfq•wwr•/ill••r1,•w••M•• wr M • Case No. 932: BORTZ: Move that application for exception be tabled pending L further information, specifically as to survey map of property is question. PETITTI: Second. VOTE: Unanimous. I I i EXECUUVE SESSION, BOARD OF TONING APPEALS, CITY HALL, ITHACA, NEW YORK June 3, 1971 • ..w•..••wrww•ww•r•wrwrww••••..••••r•••••A••••••w•wr••w•wr�11••w•••••w•w•�•ww I I �i Case No. 933: HARPER: Move that application for exception be granted, With irestriction that property not be used for restaurant �I purposes. BORTZ: Second. FINDINGS OF FACT: 1) That granting exception will enhance the area; 2) Will conform to other commercial properties in i f area; 3) A definite need for type of building was demon+ strated. I VOTE: Yes o 6 No w 0 u Application granted 1' EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY HALL, ITHACA, NEW YORK June 3, 1971 •ww••rww•w•r•rrrrr•rMwrwrr•rwrr••w•w••rww rwwwrrr•rrr•wrrwwrwMwwrrrr•w•w Case No. 934: This Board has decided that the terns "neighborhood parking area" and "private parking area" do not apply to this case because the word "dwelling" appears in both of these definitions and the Co.-op buildings are not dwellings, and therefore this Board must act on the appeal for a variance. HARPER: Move that application for variance be granted with the proviso that ground lighting be provided. ROGAN: Second. FINDINGS OF FACT: 1) That denial would continue a hardship; 2) That by granting variance the prospective owners will improve the properties; 3) That it is economically not feasible to rehabili- tate the buildings. VOTE: Yes r 6 No - 0 Application granted i I I EXECIJPIVE SESSION, BOARD OF ZONING APPEALS, CITY HALL, ITHACA, NEW YORK June 3, 1971 s•ss•w•s••r•�ts•www ww•w .•wwwr. •w•w•I�ws•swsswrwswwsw•w�r•�s•w••swgll••wwwswws Case No. 935: HARPER: Move that application for variance be granted. BORTZ: Second. u I FINDINGS OF FACT: 1) That granting of variance will relieve owner of hardship; 2) That realtor has had this piece of property on market for 12 years and is unable to dispose of it i 3) That granting of variance will improve the neighw borhood. VOTE: Yes w 3 No w 3 L i EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY HALL, ITHACA, NEW YORK June 3, 1971 y y----.r y---r-..----w1-y-r•------r--r-•r---------------------- Case ------Case No. 928: HARPER: Move that application for exception be denied; BALDINI: Second. � I FINDINGS OF FACT: 1) That parking agreement is too untenable; 2) That property is not readily accessible to emergency vehicle. VOTE: Yes - 2 No 4 i i I