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HomeMy WebLinkAboutMN-BZA-1970-07-07 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, JULY 7th, 1970 PRESENT: JOHN BENT KOWSKI, Chairman DONALD LUCENTE RALPH P. BALDINI BEVERLY MARTIN EDISON JONES, Building Commissioner and Secretary THE CHAIR: Opens meeting, informing appellants that only four members of the Board are present and that to carry an application will require four affirmative votes, and offering appellants an opportunity to return when more than four members are present and voting. All appellants choose to continue in session. THE CHAIR: Our first case is No. 882, the Appeal of Harry Hamilton, Attorney, as agent for Frederick H. Farrell, 159 Mather Street, Syracuse, New York, for an exception to require- ment of Section 7, Column 7, at 103 East York Street, Ithaca, New York, in an R-3 district. HARRY HAMILTON: My name is Harry Hamilton, attorney of record, for Mr. Farrell, who is the owner of 1.03 East York Street, and �.. I present my affidavit of mailing. We are asking for an exception to the Zoning Ordinance, not a variance, and under the phraseology of our City Ordinance, I am re- quired to show you there are practical difficulties in this situation. This is an R-3 district and the property is a converted old home. Appellant's Exhibit 1 marked for identification This is a copy of a City map on which I have placed the names of the people and also taken two other maps and pasted those properties on this one map for convenience. This particular parcel outlined in red, you will notice is 50 feet on East York Street and 100 Feet deep, 5000 square feet. When Mr. Farrell purchased this in December of 19671, this was a two apartment home, and he had ,just been discharged from the hospital where he was recupera- ting from the loss of a leg in the military service. His dad has a washer service on Tioga Street and he thought he could fix up the basement for himself to live as he was a bachelor. He bought the property and being mechanically inclined, started to complete the basement, which had been started by Mr. Hood. Mr. Farrell com- pleted living quarters for himself. Our Zoning Ordinance provides that when you have a converted unit, you must have 2,500 square feet of lot size for every unit. �-' So obviously, Mr. Farrell now is in difficulties. He had almost completed this when somebody said, "Haven't you a building permit?". He came down here and mis- takenly got the impression that if doing the work himself he did not have to have a building permit. He completed -2- the unit, moved in and lived there for five or six months, and then got married. His wife got pregnant and he now has one child and another is on the way. He had an opportunity to go to Syracuse to the business school and rented this apartment, and now this apartment is all completed and he has people living there. So we come to you now to ask for an exception, which is permissible, although this is a violation, we realize now. I would ask Mr. Farrell some questions now. FREDERICK H. FARRELL, called by Mr. Hamilton, answered as follows: BY MR. HAMILTON: Q. What is your full name and present address? A. Frederick H. Farrell, 159 Mather Street, Syracuse, New York. Q. And actually are you a native of Ithaca? A. Yes, sir. Q. And ,you are presently attending school in Syracuse? A. That is correct. Q. Are you the owner of premises at 103 East York Street in Ithaca? A. Yes, sir, I am. Q. This property had two apartments when .you purchased it? A. That is correct. Q. Did you buy it in December of 1967? A. Yes. Q. At that time the basement was partially completed as living quarters? A. Yes, sir. Q. Did you go ahead and fix it up? A. Yes, I did. Q. And did you move in? A. Yes. Q. For how long did ,you live there? A. For four or five months and then I got married in April of 1968. Q. And since then you have been blessed with a son? A. Yes. Q. Is it true that your wife is now pregnant? A. Yes. Q. Is it possible for you to live in any one of these units yourself with there being there two children and two adults? A. No, none are big enough. Q. Aare ,you in school at the present time? A. Yes, I am. -3- Q. At the time you, yourself, did the work on the basement apartment, did you know then ,you were in violation of the Zoning Ordinance of the City of Ithaca? A. Chq no, sir. Q. Is it true that some time before the completion of the work you were asked if you had a building permit? A. Yes, Q. And at that time you came up and talked about it and they explained it to you? A. Yes. Q. But you did not understand at that time that you were to have a building permit? A. That is correct. Q. You did not know this? A. That is correct. Q. You had never lived right in the City of Ithaca before that? A. That is right. Q. Had you always lived in a township where the zoning ordinances are more relaxed? A. Yes. u Q. About how much did you pay for the property? A. I purchased it from Hood for $22,500. Q. Did you make some capital improvements? A. Yes, insulations repaired the furnace, and electrical work, of $800 to $1,000. Q. 3o you have in excess of $23,000 in the property? A. Yes, Q. What are the rents? A. $140 each a month - 280 times 12. is $3300, roughly. Q. What do you have to pay out? A. I have a mortgage on it. Q. What are your mortgage payments annually? A. About $2800. Q. Do ,you pay the gas and electric for the tenants? A. Yes, Q. The water? A. Yes. u Q. Do you make the repairs? A. Yes. Q. About how much does amount to? A. About $1100 or $1200 - between that. -4- Q. So you are paying out something like $4,000 and taking in $3,000 or $33001 A. Yes. Q. So you are losing about $800 every year? A. That is correct. Q. Do you feel that your rents are comparable to rents in the area? A. Yes, I would say so. Q. Do you find it is difficult to operate these premises? A. Yes, it is very difficult to get around to do it. Aly father does my errands for me. Q. Is it true that you lost .your leg in the military service? A. Yes. Q. Do you find it difficult to get up and down stairs? A. Yes, very difficult. MR. LUCENTE: What does he want? MR. HAMILTON: He has two apartments now and if he has three he breaks even - three which are not in violation. It is three at present but according to the ordinance it should not be Q. Do ,you provide parking? A. Yes, in the garage. DR. BALDINI: Your application says that you must now sell the premises for financial and family reasons. A. Yes. Q. You are asking for this exception so that you may make the sale? A. Yes. Q. So you are asking this now so that you may make this sale? A. Yes. MR. HAMILTON: If I may say this - at the time the contract was signed, we did not know there was any problem. At this point the matter came to our attention. DR. BALDINI: Are you getting an occupancy permit? A. No, an exception. It is now occupied by three families. MR. LUCENTE: How long in violation? A. About eight months to a year. MR. HAMILTON: Q. You have been in school that long? A. That is correct. MR. LUCWE: Does every one have their own bathrooms? A. Yes. Q. Private entrances? A. Yes. -5- Q. With a yard? A. Yes. Q. What are the number of rooms in the apartment? A. One is a two-bedroom apartment and the others are one bedroom apartments. MR. HAMILTON: On this map I have put down the number of apartment units' in the housing surrounding this property. You will. note three units at 105-1.07 on a %000 square feet lot; also two units on a lot which is 100 feet deep by 37feet front; and also two other properties, with two units each, at the intersection of East Fall Street and North Cayuga Street, and each of these units have only 2800 square feet plus. I bring this out to show you we are not changing the character of the neighborhood. Four immediately adjacent have the proper footage and none of them are of new construction. He must sell this property. He has another child coming and he just can not take care of this property from Syracuse. (Quotes from Anderson on Zoning Law and Practice in New York State) (Citations attached~ (Quotes from page 624, 191 NYS, 2d Series, citing case in point) (Citations attached) MR. LUCENTE: How many people are living there? A. Eight, total. THE CHAIR: Is there any one who wishes to speak in favor of the application? EUGENE CARATH; 1203 North Cayuga Street. His property, comes right neat to mine. There has been no noise, just nothing to bother us. I think it is quite all right, and I own the pro- perty where I live. RICHARD F. CUMMINGS: 1310 North Cayuga Street. I own the property, there. I have no objection at all. I have known him since two months before he left for the Service. He has high moral character and I regret that he is not going to be a neighbor. He was not quite 21 when he got out of the Service and this is a way of making a living for himself and family. Thank you very much. Eleanor LaRoque: 1205 North Cayuga Street. It is okay as long as�At is as it is now. I would rather not have anything done in the barn, though; the garage is fine. THE CHAIR: Is there any one to speak in opposition to the appeal? None. -6- THE CHAIR: The next case is the Appeal of Ithaca Housing Authority 113 .South Cayuga Street, Ithaca, New York, Case No. 883, for an exception to requirements of Section 7, Column 5, off street parking, and Column 9, number of stories at Titus F'l:ats, in an R-3 district. Who is appearing? DAVID ARMSTRONG: I am David Armstrong, Executive Director of Ithaca Housing Authority. We are seeking two exceptions. One is parking. The normal procedure in this business is to provide for the elderly 20% to 259 narking, which is more than adequate. The plan we are currently working with, which has been bid, looks as though we surely will be providing about 30% parking, a little heavier than usual, that, plus the City design is so designed where additional parking could be provided where it is neces- sary. Parking spaces per se, as you realize, are ex- pensive to build, and we would like to keep them down to a minimum, plus these people just do not have auto- mobiles. The height variance is done for many reasons, and one of the prime objects is the sociological aspects of this type of structure, simply the creation of a self-contained community, one which is secure and safe for older people to live in. No other type of structure can provide those amenities for our Senior citizens. So, with story upon story, fourteen living -floors, - for those of you who have been around the countryside, you can see many of these. They have proved efficient, economical in maintenance and operation, and the most liveable we can create for Senior citizens. So we ask for those two exceptions. All systems seem to be GO. This is the last legal step necessary. MR. LUCENTE: How do you know parking will be 30K? A. Only to the degree of statistics we have available, of 37 years in this field. We may have an exceptional area here and we have no way of knowing, only by following the experience of others over the years. We certainly are prepared to solve the problem. BEVERLY MARTIN: How tall is the high-rise for the elderly in Cortland? A. 10 or 11 stories. Q. What is a standard for determining this? A. It is called an architectural curve. On any given site, with certain known factors as to capacity, the analyses are made. This is the architectural solution to the problem of 165 units on that particular site. Q. Didn't this other site have more space than this one? A. Yes, this utilized eight acres and had many things contrary to what we try to do for the elderly. It had a parking lot several hundred feet from the apartments, an opportunity for muggings, and things like that. Most -7- people would have to walk in excess of 150 feet to a laundromat, for instance. People who have disabilities, once thy get out of an automobile, can go any place in a chair in this type of structure which we propose. One of the deterring factors was its cost. BEVERLY MARTIN: How long have you known this was to be 14 stories high? A. A year ago last August. Q. How could you go to bids before you came to us? A. We have an agreement with the governing body of the City of Ithaca, whereby when they approve something they guarantee us certain things they will do for us, such as our site plan and project being approved by the Planning Board. Recommendation was made to the Council and that was approved late last fall. (Reads into record letter sent to Edison Jones) (Copy attahced) DR. BALDINI: After all, we aren't a rubber stamp outfit and I think three of us told the Mayor we were not going to resign. There must be some other explanation why this appeal was not brought to this Board before this. My question is: Why should it have taken you from last November 19th to July 7th, 1970 for this matter to come before this Board? A. We did not know we actually had a project until June. Q. You had the approval of the Planning Board and Common Council and for this appeal to come up now without a satisfactory explanation is hard to understand. I think the citizens of the City of Ithaca need an answer. THE CHAIR: We have a four-floor exception and ,you are asking for ten more. MR. LUCENTE: Do ,you think that structure is not going to depreciate the value of the homes around? A. I certainly do. The homes will appreciate in value by virtue of these surroundings. We operate within the New York State Law. DR. BALDINI: It does not say you have to do it before A certain date. There seems to he a discrepancy in the time factor. You say "all systAms are go", but it is not up to us. A, Our procedure which is spelt out by law simply states that these things must be accomplished before we make anv contract awards. DR. RkLDTRT: ?n other words, we are holding it up. If we were to be consistent, we should throw this out. We can say, "You guys have done this and now we are supposed to correct it." This should have been done last November or December at the latest. Now we are holding you up another week because of the law. THE CHAIR: What are ,you quoting from? A. The Planning Board and Common Council. THE CHAIR: This takes no cognizance of the Zoning Ordinance. MISS MARTIN: If this plan is held up, the other one is held up? A. That is correct. MR. LUCENTE: The land was purchased three years ago? A. Right. Q. Do you think you should be treated any different than any other developer? A. I think it depends on how much stock the City takes in it. I am not a law maker; we just try to do the best we can. DR. BALDINI: I do not like to be made a pawn, though that might not be the right word. There is no excuse for having had it wait this long. Icy complaint is against the whole concept - "it is up to the Board of Zoning Appeals now" "They won't turn us down." But we are also tax payers here and I think this does not speak well for efficiency. There was plenty of time to get this before the Board. It's just like the Alderman said, "The fellow goes out and shoots a deer and then comes in for a hunting license." We do not like being put on the spot all the time. I would like to have people come in and do things and do them in time. THE CHAIR: Is there any one who wishes to speak in favor? REV. ELESTER CUNNINGHAM: Chairman of the Ithaca Housing Authority. So much has been said and written about the Ithaca Housing Authority and about our project - except I am sorry that the Zoning Board feels it was left out of this whole thing. Ninety percent of the time the Housing Authority feels left out. This was because we were trying to comply with the law. I will agree maybe this should have been brought to you earlier. As Chairman I must take the blame for it. But after we got through the Planning Board and Common Council we felt everything was all right to go, and actually, we feel that way, and I am deeply sorry. It was not meant to be intentional. DR. BALDINI: It is not a question of this Board feeling left out. It is just that we feel you should have come immediately but there has been eight months time in which to come. It is not criticism of any individual, nothingpersonal at all. It seems strange. You have gone to bid. I am glad it is "All systems go". -9- REV. CUNNINGHAM: We weren't even sure even that we had a project, the same as we are not sure now. With this much -money going into a project with the design and all, it will not deteriorate your property. Nobody knows the harrassment I have gone through with. When I bought on Fourth Street, by the time I got my house paid for, my daughter would be ready to go to college. Ky daugh- ter graduated last month; she is going to go to college next fall; I don't have that house yet; I have a wort- gage. This is going to be a beautiful property. Mr. Armstrong as an executive director can move when he wants to, but we are citizens of this town and have too much at stake to put up a lousy project. MR. LUCLVE: I think this Board has to consider the surrounding neighborhood. REV. CUNNINGHAM: When the land was bought down there, there was a lot controversy. That was ironed out. The first concept of design was turned down. If a project is lousy, the Housing Authority is going to have to take the blame for that. We had to go around and get a different type of coneept or the project would have been gone long before now. THE CHAIR: Is there any one to speak in opposition? ANTHONY PETITO: 802 South Plain Street. It was supposed to be four stories and then fourteen, and now all of a sudden fifteen, - why? A. Fourteen living unit floors with a ground floor. Q. Stall one-bedroom apartments? A. Correct. Q. That means elderly only? A Correct. DR. BALDINI: Is this elderly by law? A. Age 62 or disabled. JUDY PROTTS: 312 Wood Street, a two-story home. Would you like to look up, Mr. Armstrong, and see a high rise going up across the street? Our house is four cinder blocks under ground. Are you going to put up a fifteen story building on that ground? A. That is correct. Q. And it will hold up? A. That is correct. Q. And you are going to say that my property is not going to deteriorate? A. No, it will not. -10- Q. People would be willing to buy my home? A What are you asking for it? Q. I would sell it cheap at this point but the interest rates are atrocious and you can not get buyers for homes. I think this is ridiculous. BERNICE SLOVIK: 704 South Plain Street. I have an 11-room house and have been there 25 years. When they put the fill in the house was rocking. When I was a child that was nothing but swamp. How can they put that many stories un? REV. CUNNINGHAM: The City Engineers have gone over it and have com- pletely checked it. MRS. SLOVIK: We know they have checked it but the houses do shake. MISS MARTIN: How many letters went out? A. 3?. EDISON JONES: We have not received any letters. All this is is an affidavit to the effect they have notified the neighbors, u -11- TAE CHAIR: And now Case No. 885, the Appeal of David Gersh, Attor- ney and Agent for Robert K. Riley, 202 Richard Place, Ithaca, New York, for a special permit, sign size under provisions, Section 7, Columns 4 in a B-2 district. DAVID GERSH: I am David Gersh and am here this evening on behalf of Robert Riley and Sherwin Williams Company. The hour is late and I will try to state it briefly. Do you confirm that the Board has received our affidavit of mailing? EDISON JOKES: Yes., ROBERT RIMY, having first been duly sworn, answered as follows: BY MR. GERSH: Q. What is your name, address and occupation? A. Robert Riley, 202 Richard Place, Ithaca, manager of Sherwin Williams branch in Ithaca, at 320 East State Street. Q. For how long have ,you been there? A. Since 1936 in business and since 1940 at that location. Q. You told us at the last hears that store is ng your part of a national chain? A. An international chain.. Q. Are certain standard signs made available to your stores? A. Yes. Q. With respect to the size of your stores do they have certain minimum size requirements for your sign? A. Yes, all of the stores we are going into today are at least 5,000 square feet and we would like a facia sign on the front, 4 by 50. In most cases they have identification over the warehouse entrance and in quite a few cases a sign where the building is recessed. Q. Did you confer with the Cleveland office and request permission to reduce the required minimum down to 195 square feet? A. Yes. We would like a sign 4 by 40 facia, a porcelain sign; it shows on the drawing in front of the building. In addition we would like a 5 by 7 pole sign recessed back 5 feet from the sidewalk. Q. Would you explain the photographs to the Board? A. Yes. (Shows Board photographs and explains, Appellant's Ebddbit 1 being pole sign size, upper left hand corner of photo; Appellant's Fxhibit 2 being an example of the faeia sign) -12- Q. I show ,you Rchibit 1 and ask: Does that show a sign substantially as your pole sign Will look? A. Yes, basically, With internal fluorescent lighting. Q. Does Exhibit 2 show the facia sign size, 4 by 40? A. Yes. EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF TMACA, JULY 79 1970 CASE M 882: BENTKOWSKI: Move to grant the application. LUCENTE: Second, VOTE: Yes - 4 No - 0 Application granted. •Nr-NAA.M------------ -----------�-lr1�--MMrrrA11A�M�Nrr�1-M�r CASE N0, 883: MARTIN: Move to grant the application for the following reasons: That the matter was approved by the Planning Board with similar subsequent action by Common Council, and has gone to bid. BALDINI: Second. VOTE: Yes - 3 No - 1 MARTIN: Move that because of the magnitude of the project, the Ithaca Housing Authority be allowed to come back to this Board with additional information, in a special meeting as soon as the full Board can be legally convened. BALDINI: Second. VOTE: Yes - 4 No - 0 ------M---------------NN---N----M--�I----N----MNMr-NN-NN--M CASE N0. 885: BALDINI: Move to grant the application: That the two signs, the one on the building, 4 by 40 feet, and the one on the pole, 5 by 7 feet, both to be on the north side of building. LUCENTE: Second. VOTE: Yes - 4 No - 0 ----------------------N--MM------------------------------------Ni--N- V