HomeMy WebLinkAboutMN-BZA-1972-02-07 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK
February 7, 1972
APPEAL NO. 970
PRESENT:
ANTHONY PETITTI
JAMES ROGAN
GEORGE HARPER
C. MURRAY VAN MARTER
HARRY BORTZ
GEORGE KASPRZAK
GLENN BORA, Acting Building Commissioner & Secretary
ACTING COMMISSIONER: It appears that you have a full complement
here tonight. Why don't you elect a per-
manent Chairman?
MR. PET ITT I: Nominate James Rogan.
MR. BORTZ: Second.
N%Me MR. VAN MARTER: Move the nominations be closed.
MR. BORTZ: Second.
MR. VAN DARTER: Move that the Deputy be instructed to case one ballot.
ACTING COMMISSIONER: I cast one ballot for Mr. Rogan.
JAPES ROGAN, CHAIRMAN: Opens meeting, listing names of members
present.
We are here tonight in Case No. 970, the Appeal of
Don Groner, owner of property at 208 East Jay Street,
Ithaca, New York, asking exception to the Zoning Ordi-
nance under Section 79 Columns 7,8, 11 of Zoning Ordi-
nance, in an R-3 District, Don Grover is here to speak
for himself.
MR. SODA: Jonathan Meigs called me Friday and said that the
Planning Department did not get together on this case
but that he saw no reason why it should not be acceptable.
MR. KASPRZAK: Can we not discuss that when we come to it?
DON GROVER: Y' name is Don Grover, of 441 East Lincoln Street,
owning property at 206 East Jay Street, requesting
permission to erect an addition to my shop building,
as set forth in my detailed memorandum, which a000m-
panied my application for the same.
MR. BORTZ: What do you intend to house in this structure?
A. Nay detailed accounting is about it basically. It is
really just to make more room for the present operation
and to increase efficiency.
MR. HARPER: Will you be operating about as you have been?
A. I contemplate no change.
Q. Will you be open at night?
A. Occasionally, yes, but I hope less than I do now. That
is one of the aims.
MR. KASPRZAK: How many people are working for you?
A. My wife, my daughter, and two high school students part
time, and my wife and daughter both work part time.
Q.
Do they travel by oar or walk?
A. Icy daughter comes by car. I some times bring my oar,
some times, no. My wife always'does.
Q. You state that the increase in personnel is within the
allowable maximum. Where did you discover that?
A. It is my understanding from the reading of other petitions
before this Board, that two parties from outside the
family are allowed.
MR. KASPRZAK: I think that is in the "Home Business".
A. That could be true and I am applying that to this case
and perhaps I should not.
THE CHAIR: You do not live in this property?
A. No.
1
MR. HARPER: At present there are no parking difficulties?
A. No, but when in the past there has been a crowded con-
dition, I have parked elsewhere, on Tioga Street, for
a.. instance.
THE CHAIR: Is this for storage area or are you going to have
equipment there?
A. I will be re-locating some of the existing equipment,
moving some of it into this new area# to relieve the
crowded conditions.
MR. PETITTI: Have all the neighbors been notified?
MR. SODA: We have a copy of the notifications.
MR. GROVER: Yes, and I have notified a new owner of one of the
properties.
• MR. VAN MARTER: This is a business that started as a home occupation?
A. Yes, it started that way.
MR. VAN MARTER: Nay question is why a variance is not required inasmuch as
it has to do with a home occupation. This has to do with
the application.
MR. BORA: Apparently there is more than one way to look at this.
MR. KASPRZAK: It states it is a non-conforming use.
MR. SODA: It is a legal non-conforming use.
MR. KASPRZAK: Yes, but it states this addition is not permitted.
MR. BORA: According to Mr. Grover it was a non-conforming use.
MR. HARPER: I think this is all for later.
THE CHAIR: Is there any one who wishes to speak in favor?
None.
Is there any one who wishes to speak against it?
None.
EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, Feb. 70 1972
------N----------------------------------N-N--------N----NNNA--�
CASE NO. 970:
MR. KASPRZAK: Reads Section 10(d)
This is an extension of a use. It would be an exception
if it pertained only to the use in an R-3 zone. This is
a non-conforming use and I think it requires a variance.
MR. HARPER: Move for a legal opinion from the City Attorney on
granting this appeal.
MR. KASPRZAK: Second.
VOTE: Unanimous.
MR. VAN MARTER: As a result of the attorney's opinion, if no further
action is necessary, move to reconvene on the call of
the Chairman.
MR. KASPRZAK: Second.
VOTE: Unanimous.
MR. BORTZ: Move to table for further information.
MR. PETITTI: Second,
VOTE: Unanimous.
Mr. Kasprzak recommends that the Chairman procure from the Planning Board
a copy of "A General Plan".
MR, BODA: In June, 1971 we had an appeal from Avramis and he was
permitted to build what he wanted to, but the Board speci-
fied that it could not be a restaurant. What has happened
now is that he wants to put a restaurant in. This is next
to the Fire Station at 219 College Avenue. I am asking
you to think about this. You can not make a decision to-
night because it is not a bona fide case but it will take
some thinking.
MR. VAN MARTER: This is a legal matter and the Board has nothing to do
about it. That is a complete transaction and it rests the
way it is until somebody challenges it. If the use is
permitted it can not be restricted by the action of a
Board like this. In a B-2 a restaurant is permitted and
nothing else has anything to do with it. All he has to
do is comply with the building regulations and he can not
do it.
PRINTING' . RUBBER STAMPS
208 East Jay Street, Ithaca, NY 14850
607 272-6215
1 February 1972
To whom it may concern:
There will be a public hearing at 7:30 p.m. 7 February 1972 in the
Common Council Chambers, third floor, City Hall, 108 E. Green St.
to act upon my application for an exception to the zoning ordinance
to permit me to construct an addition to my shop building.
I propose to construct a 10' x 12' addition to the west side of the
existing shop building, rear 206 E. Jay St. A copy of the purpose
for the proposed construction, as presented with my appeal, is
attached hereto.
If you have any questions, or would like additional information,
please feel free to call on me any day this week between the hours
of 8:30 to 5 or evenings by appointment and I will be most happy
to provide a further explanation as you may require.
Respectfully yours
Don Grover
The Grover Press
208 E. Jay St.
Ithaca , NY 1LI850
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CITY OF ITHACA
BOARD OF ZONING APPEALS
APPEAL
APPEAL N° 970
Date Z. . . jgkikt�y. .1q�.?- . .
TO THE ZONING BOARD OF APPEALS, Ithaca, New York:
nn of C, 5
(Name of Appellant) (Street and Number)
/f .�r G<t . . . . .. Y. . . . . . . . . . . . . . . . . . . . . . . . . . hereby appeal to
(Municipality) (State)
the Zoning Board of Appeals from the decision of the Building Commissioner on application
for building permit No. . . . . . . . . . . . . . . Dated . . . . . . . . . . . . . . . . . . . . . . .. 19. . . . ., whereby
the Building Commissioner did
( ) Grant
(, ) Deny
TO . . . . . . . // v ► . . . Cre)v. ` . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Name of Applicant for Permit)
(Street and Number) (Municipality) (State)
OWNER OF PROPERTYC�vve-y - , , , , , , , , , , , , , , , ,
( ) A Permit for Use
( ) A Permit for Occupancy
(,i/) A Building Permit
1. Location of Property �.� .6. . . ':.:�.r`� S. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .
(Street and Number) (Use District on Zoning Map)
2. Provision(s) of the Zoning Ordinance Appealed (Indicate the article, section, subsection
and paragraph of the Zoning Ordinance being appealed, by.number. Do not quote the
Ordinance.). ,See-4'-id» 7 0oke7,»P-4
3. Type of Appeal. Appeal is made herewith for:
( ) An interpretation of the Zoning Ordinance or Zoning Map
( ) A special permit under the Zoning Ordinance
( ) A variance to the Zoning Ordinance
(, ) An exception to the Zoning Ordinance
4. Previous Appeal. A previous appeal ( ) has
has not been made with
-respect to this decision of the Building Commissioner or with respect to this property. Such
appeal(s) was (were) in the form of
( ) a request for an exception
( ) a requested- interpretation
( ) a request for a special permit
( ) a request for a variance
and was (were) made in Appeal No. . . . . . . . . ., dated . . . . . . . . . . . . . . . . . . . . . .. .L9. . . .
Appeal No. . . . . . . . . .. dated . . . . . . . . . . . . . . . . . . . . . .. 19. . . .
Appeal No. . . . . . . . . ., dated . . . . . . . . . . . . . . . . . . . . . .. 19. . . .
Appeal No. . . . . . . . . ., dated . . . . . . . . . . . . . . . . . . . . . .. 19. . . .
5. Reason for Appeal. (Complete relevant blank. Use extra sheet if necessary.)
A. Interpretation of the Zoning Ordinance is requested because:
B. A special permit under the Zoning Ordinance is requested pursuant to Article. . . .,
Section . . . . .. Subsection . . . . .. Para graph . . . . .. of the Zoning Ordinance because:
C. A variance to the Zoning Ordinance isrequested for these reasons:
(1) Strict Application of the Ordinance would produce undue hardship because:
(2) The hardship created is unique and is not shared by all properties alike in the
immediate vicinity of this property and in this use district because:
(3) The variance would observe the spirit of the ordinance and would not change
the character of the district because:
D. An exception to the Zoning Ordinance is requested for these reasons:
(1) There are practical difficulties and special conditions which make the regula-
tion impossible to comply with because:.
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(2) The difficulties and conditions are unique and are shared by all properties
alike in the immediate vicinity of this property and in this use district because:
(3) The exception would observe the spirit of the ordinance and would not change
the character of the district because:
e 15; g H-u c ba-e I
I
Signature
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss.:
SworiV,to this ."�V: . . . . day oaf
Notary Public
A. 0:_L'AN
State of ( -2W YoviE
fi::J:/
[r3 i dY;".:it^S Cour-f
M
PRINTING o RUBBER STAMPS
206 East Jay Street, Ithaca, NY 14850
607 / 272-6215
To the Zoning Board of Appeals, Ithaca, iiew York:
Enter the following under D. (3) of appeal herewith:
When I established my business in its present location in 1938, the property
was zoned "Commercial" . Some years later it was changed to a residential
status, and has since become the present R-3 zone. Thus, my business is now
an existing non-conforming use.
In recent years, with costs rapidly rising, it became increasingly apparent
that I must increase the efficiency of my operation by introducing a
mechanical typesetting facility. This move came about in March of 1969, and
resulted in retiring about half the equipment that had been in use for setting
type by hand . The mechanical typesetting facility requires more than twice
the amount of floor area as did the equipment it replaced, while maintaining
an approximate equivalent number of type faces.
The extra space requirement has made it necessary to overlap several work
areas with resulting inconveniences, and has almost eliminated bench areas
for hand work. Hand work is now being done on a somewhat makeshift basis
in any area that may be otherwise unoccupied at the moment. This situation
makes it necessary for roe to work several hours extra per week, and
drastically cuts into the production capabilities of my employees as well
as myself.
The extra space will be used to relocate certain items of equipment in
order to achieve a more orderly and efficient work-flow through the shop
. and will result in eliminating duplicate use of equipment and overlapping
work areas. The only equipment I contemplate adding would be a bench for
hand work, but there is a possibility that the relocations will restore the
existing bench area to its former usefulness, and even this addition may
prove unnecessary.
There will be no chan,re in the operation of the business, and no change in
the nature of the product manufactured, end no increase in personnel which
is within the allowable maximu ,.
To the best of my knowledge, in the 34 years I have been operating this
business no neighbor has ever registered a legitimate complaint respecting
the manner in which I have operated the business; nor has anyone ever cited
the existence of a nuisance of any kind.
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To the Zoning Board of Appeals, Ithaca, New York:
Enter the following under D. (3) of appeal herewith:
When I established my business in its present location in 1938, the property
was -zoned "Commercial" . Some years later the zoning was changed to a
residential status, and has since been changed to its present R-3 zone.
Thus, my business is now an existing non-conforming use.
In recent years, with costs rapidly rising, it became increasingly
apparent that I must increase the efficiency of my operation by introducing
a mechanical typesetting facility. This move came about in March of 1969,
and resulted in retiring about half the equipment that had been in use for
setting type by hand. The mechanical typesetting facility requires more than
twice the amount of space as did the equipment it replaced, while
maintaining an approximate equivalent number of type faces.
The extra space requirement has made it necessary to overlap several work
areas with resulting inconveniences, and has almost eliminated bench areas
for hand work. Hand work is now being done on a somewhat makeshift basis
in any area that may be unoccupied at the moment. This situation makes it
necessary for me to work several hours extra per week, and drastically cuts
into the production capabilities of my employees as well as myself.
The extra space will be used to relocate certain items of equipment in
order to achieve a more orderly and efficient work-flow through the shop
and will result in eliminating duplicate use of equipment and overlapping
work areas. The only equipment I contemplate adding would be a bench for
hand work, but there is a possibility that the relocations will restore the
existing bench area to its former usefulness, and even this addition may
prove unnecessary.
There will be no change in the operation of the business, and no change in the
nature of the product manufactured, and no increase in personnel which is
within the allowable maximum.
To the best of my knowledge, in the 34 years I have been operating this business
no neighbor has ever registered a legitimate complaint respecting the manner
in which I have operated.