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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. 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JIN 3 Slesford Rd. itl�act , 'y ?le? vayetteville, NY 13066 Bethesda, D 200.14 i:nd.,'i,rjOrlc �vpoli varves end Agnes Cieschi ior-.s H. Lusten (CS Utica 923 '' . T io zs St. 1016 'N. Tioga Ft. Itheca., 4 Y 111050 Ithece, 111Y 14'%'G Ithaca, '�Y 14,950 bernord anti r:arbera Lynch £13 Utica 't. itha cu p iyl14350 ` POST OFFICE DEPARTMENT CERTIFICATE OF MAILING AfFlx-sv�ir. FOJr �ni _'-'Ar�r'oret � Eos iJ�tag a / Received from: .��?vstaflo'anf'� Pyt'sroShcrk. Ith fac , vY 114850 N One piece of ordinary mail addressed to: U.�• �" ,``� \� rs. Elsie -oleo 515 Utica "t. I 1a.1IICFs, :a:� 1 rr.r�0 � C_Zj MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PRO: .....M i•w e it- FOR FOR INSURANCE. -POSTMASTER ►o0 FORM 3817 UPJ 1943.OP-7' rc. i lO',if? Elf �le'tt Nov. IvnJ 511 Uticc ,',t, 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:. PYO �a Gd Cc :A 54)--y art Jh C;-ne_ Q 5'� �l) E'_ /�J�YGt'h �R j e GOvei-e( � y S-U7e fay G'. pearl aT � � V'axi)!r, !{ j2I�/ (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. ��u�� — .� ,�}•}�f ++� ��tic��.,�-'�� ^s� :..� .. p z AWT r f Q h/ Y _ ADDRE — _—_ 0 NEI _ APPLICAN I UAi t US DISTRICT ' P:An. size T, ax het. a bldg. �.+;Il`1. YARD,D - -- -DIMENSIONS o c _ front side rear v, a o N ---- 0 U _ _ . u�i v _t fl.ami .° of a) ! N :3 � aNi •—moi a- ani -P-CA 0 44 0.0 � m a� tU LT a) •H a) N 44 G -N $4 co � � d 0. .� .� N a) N . i c .0 k N C: 4j .0 1 N co k14 0) w 44 -0 X-H L3" N'—I +- O X a, a, •� 4-+ 4+ o o m N.� a� C o co G4 cn O O 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ivr G- 12�f a: 7S i f ! 6 I e x 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.