HomeMy WebLinkAboutMN-BZA-1971-05-03 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK
MAY 3, 1971 - APPEALS NOS. 925, 9269, 927, 928, 929
PRESENT: RALPH P. BALDINI, Chairman
ANTHONY PETITTI
GEORGE HARPER
JAMES ROGAN
FRANK ALO
HARRY BORTZ
EDISON JONES, Building Commissioner & Secretary
THE CHAIR: Opens meeting, listing cases to be heard before a full Board.
Our first case tonight is Case Number 925, the Appeal of
Samuel J. Kramer, 358 Elmira Road, Ithaca, New York, for
variance for storage addition and apartments at above
address under Provisions, Section 7, Column 2, in an I-1
district.
Who is appearing?
Appellant's Eachibits 1 through 6 marked for identification
PAUL TAVELLI: I am Paul Tavelli, Attorney, representing Mr. Samuel
J. Kramer, who operates Sam Kramer's Auto Finishes on
the Elmira Road, 358, and he sells auto finishes.
Mr. Kramer has this business and he is desperate for
room for some expansion. He is proposing putting up
a two-story building in back of his present building,
and this will be no closer than the present building
to Route 13. He proposes a building 100 feet by 30
feet, with the first floor for business purposes and
the second floor for four apartments. I have taken
some pictures of the area; they show the front of the
present establishment and an area across the street,
and also the area behind the present establishment.
A few weeks ago Mr. Kramer came to a zoning officer
and he was surprised to learn that this is an I-1
district, which means that you can put most everything
there except have a residential area. As you know,
there are many business establishments in this area.
This is right next to the Clover Club and next is a
vacant lot. Mr. Kramer wants to expand his building
to the rear and put in four apartments. Mr. Kramer
needs the extra space for storage and is proposing
to build about a 60 foot extension to this building
and he can not afford it unless he can have some
Income property in this building. This will not change
the character of the area; in fact, I think it will
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improve it. There is a trailer park across the street;
he nlresd,r has an apartment over his store now, and
also there is another apartment across the street in
another building. The character of the neighborhood
will not be changed. Apartments are existing there.
The Planning Roard turned down this request. I can
not understand it because in Mr. Jones' office this
is included in a R-4, which would be commercial and
allow a residence, which Mr. Kramer is asking for.
There would be no problem with parking whatsoever.
He can provide parking for twenty cars if necessary
in the rear. Probably the reason is that the Zoning
Ordinance dates back in history quite a few years.
When .you had an industrial zone quite a few years ago
they felt it wasn't safe for people to be living in
that area. I think that is changed today; under the
present ecological programs we won't have that
difficulty. Because of its practical difficulties
and because the character of the neighborhood won't
be changed, but will be improved, we ask that the
variance be granted. Mr. Kramer is here to answer
any questions you might wish to ask.
THE CHAIR: On the dimensions as given, how deep is the lot?
A. He has two adjoining lots; the first, 200 feet deep,
and second, another one tied on of at least another
100 or 200 feet.
MR. ROGAN: How many apartments now?
A. One.
MR. BORTZ: So above the warehouse you will have four apartments.
MR. ROGAN: Have you checked with the Fire Chief?
A. The contractors have checked everything out. If
built it will be built to specifications and Code.
MR. HARPER: How about paint? Will you be mixing it?
MR. KRAMER: We have no thinner nor reducers. Everything is in
sealed cans.
MR. BORTZ: What would you have in the storage house?
MR. KRAMER: Just what we have now but it will give us more room,
which we sorely need, as now they are all bunched
together.
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MR. HARPER: This is to be built behind the other building?
A. Yes, right behind it.
Q. But you have not checked out with the Fire Department?
A. That is not the problem here.
MR. JONES: The zone is such that it will have to be of non-
combustible construction.
MR. HARPER: But nobody knows if the Fire Chief has approved it.
MR. JONES: I do not think he would be involved actually.
THE CHAIR: Is there any one here who wishes to speak in favor
of this application?
None.
Is there any one here who is opposed to this appeal?
�. None.
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THE CHAIR: The next case is Number 926, the Appeal of Steven K.
Peterson, 100 Fairview Square, Ithaca, New York, for
an exception at 415 East Seneca Street to requirement
for parking and for lot size under provisions of
Section 7, Columns 5 and 7 in an R-3 district. Who
Is appearing?
WILLIAM BARRETT: My name is William Barrett and I am appearing in thi
application of Steven K. Peterson. I believe, Mr.
�./ Jones, that the matter of the parking was taken care of?
MR. JONES: That is correct.
MR. BARRETT: It was already determined that the parking was taken
care of by the City Parking Lot adjacent within 500
feet. Mr. Peterson has a purchase offer to purchase ,
this property at 415 East Seneca Street, which is con-
tingent upon this Board's approval. The square footage
here is 5800 square feet. Mr. Peterson intends to
live in the house and is asking to change to two other
living units; he is not asking to add anything extra,
but merely to remodel the interior of the building.
The premises are located in an R..3 zone, which requir FS
2500 square feet per unit; it would thus require 7500
square feet, but it is presently 5800 square feet. W
have the drawings here and Mr. Peterson is here to
explain.
MR. PETERSON: At present the building has two apartments; there is
nothing in the basement; on the second floor there is
a two-bedroom apartment, with a mansard roof. I want
to put two bedrooms in the basement and connect this
with the first floor, for an apartment; I will keep
the second floor as it is, remodelling the kitchen,
and put a space in the attic for another room. I
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MR. PETERSON: myself, expect to be using the attic as an office,
but would like to turn that third floor eventually
into an apartment, if later I can manage financially
to have my office downtown. By adding a room there,
the third floor would lend itself into a nice one
bedroom apartment; I would have to put in approaches
and add to the plumbing and heating system. The onl
hang-up seems to be that the property is on too small
�s a lot to do this.
MR. BARRETT: All the property owners within 200 feet have been c
notified in writing and Mr. Peterson has had no ob.
jections, and at least one neighbor volunteered to
come down in favor of this appeal.
THE CHAIR: So there would be three apartments?
A. Yes, there are now two apartments and I want to re-
model it into three apartments and live in one and I
shall probably use the top floor for my office. I
want to put one bedroom in and have it for an apart
ment, but I wish to use it as an office for as long
as I can.
Q. Would you do this part of the work now?
A. Yes, it is the only way I can do as I would have to
have plumbing in it now.
@. I am sure you know the building permit is only valid
for one year.
A. Yes, I understand and I am going to do it all at once
right away.
4 MR. BORTZ: The appeal here is made on your using it as an apartm nt?
A. Yes, I may have to use it as such for a month or so
after I have it built.
No one to speak in favor and no one appearing in oppostion.
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THE CHAIR: Our next case tonight is Number 927, the Appeal of
David J. Corbin, Sr., of 52 Dart Drive, Ithaca, New
York, for an exception for additional apartments at
802 North Cayuga Street, under provisions of Section
7, Column 7, in an Rea district. Who is appearing?
Appellant's Exhibit I marked for identification,
being layout, not to scale, of proposed units
DAVID J. CORBIN: I am David Corbin and I live at 52 Dart Drive, and I
�./ am asking for an exception to add two efficiency apart-
ments to this family dwelling at 802 North Cayuga Str t.
These will all be for one bedroom efficiency apartments.
The lot is small but I own 804 North Cayuga Street and
have ample parking in the back of 804. I have a four•
car garage and I have additional in the back of 804
that I can use for this area.
THE CHAIR: Will all the parking for 802 North Cayuga Street be
at 804?
A. Yes.
MR. BORTZ: Just two extra units?
�./ A. Yes. There are two there now and I wish to add two
efficiency apartments.
Q. How many extra parking spaces would the rear accommo-
date besides what you have?
A. At least four more, all off-street parking.
THE CHAIR: Is there any one here who wishes to speak in favor of
this application?
None.
Is there any one here who wishes to speak in opposition
to this appeal?
None.
THE CHAIR: I have two letters here which I will read to the Board.
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The following letters were read by Chairman Ralph P. Baldini:
ft April 30.71
Ithaca, N. Y.
To the Building Commissioner:
In regard to David Corbin•s request to put a four apartment
dwelling at 802 N. Cayuga Street - We object to it - the reason
parking facilities
/s/ Mr. and Mrs. S. D. Bassanelli
814 N. Cayuga
Ithaca, N.Y.
816 N. Cayuga
Ithaca, N.Y. 14850
April 30, 1971
Building Commissioner
City Hall
108 E. Green St.
Ithaca, N. Y. 14850
Dear Sir:
Regarding the appeal of Mr. and Mrs. David Corbin, Sr., 52 Dart
Drive, Ithaca, N.X. R Case No. 927 • We the undersigned are opposed to
conversion to four living units at 802 N. Cayuga St.
The block is already over-crowded with street parking and this to
has no facility for off-street parking.
/s/ Marjorie S. Judway
ofTheodore P. Judway
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THE CHAIR: The next case is No. 928, the Appeal of Ignacio Serrano
812 Hanshaw Road, Ithaca, New York, for an exceptiom
at 209 Williams Street, Ithaca, New York, for lot
size under provision of Section 7, Column 7, in an
R..3 zone. Who is appearing?
RICHARD I. MULVEY: I represent Mr. Serrano, the property owner at 207
and 209 Williams Street. To the rear of 209 Willia s
Street is a rather large garage or barn, and Mr.
Serrano proposes to install one apartment on the
lower floor of that building. It is a rather sub.
stantial building at present. Also I have been ad-
vised that Mr. Ruuspakka feels that the eaves over-
hang the property lines. I do have here the original
survey map of Carl Crandall, Civil Engineer, which
indicates that there does not appear to be any overlap
on the property lines. There are 22 property owners in
the immediate vicinity. We have contacted 18 of these
owners. At the moment I forget the 19th one but I
will attempt to get a written consent. We have written
consents from 14 or 15 and I will obtain the other
tomorrow if the Board is willing to take it. Four
whom we have contacted advised us orally that they
have no opposition. (Mr. Mulvey reads list of sig ers)
So I think we bavo 18 who do ant oppose this appeal
Essentially the request we are asking for does not
change the desired use in the neighborhood. It is
densely populated by students. There is need for
housing in that area and Mr. Serrano would like to
use that structure. Basically our problem is the
lot size. I think the improvements planned will run
from $10,000 up. And we expect to add to the tax rolls.
MR. ROGAN: Do you need parking for this?
A. The law says so unless there is available parking i
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MR. MULVEY: the area. At the corner of Williams Street and
Stewart Avenue there is parking and I think Mr.
VanDeBoven owns that.
Q. How many students are there now?
A. Honestly I do not know.
Q. How many unite to be in this building?
A. Just one unit, with I believe, four bedrooms. Of
course this in the rear of the property.
Q. How many property owners live back there?
A. Just one in the rear, Marie Doll, I believe, and
22 property owners living in the area. Two owners
do not live in the area.
THE CHAIR: Is Mr. Serrano going to live there?
A. No, it is for rentable property. Mr. Serrano would
speak for this but it is difficult as we have to
speak through an interpreter to him.
MR. HARPER: As of now, there is no parking in the rear?
A. There is a driveway that goes back there. '
MR. ROGAN: How many feet between 209 and the property line to
the side of it?
MR. BORTZ: The survey does not seem to say but he owns the dri e-
way. There may be seven feet between the house andl,
the lot line.
MR. MULVEY: According to Mr. Crandall's survey the barn is 14
inches west of the line.
MR. JONES: The Zoning Ordinance says you can not build closer
than 3 feet from the lot line. If it is there it
is a pre-existing, non-conforming use.
MR. MULVEY: According to Mr. Crandall's survey there does not
appear to be any overhang. His survey says 14 inches
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MR. MULVEY: from the garage to the line and he would have to
show that, so there does not appear to be any
encumbrance.
MR. ROGAN: How many occupants are planning on living in this
apartment?
A. I wauld assume it would be just one family.
Q. It won't be students?
A. I assume it is for a family.
THE CHAIR: You were not specific about the parking. It does
not seem as though there will be empty parking spaces
waiting.
MR. MULVEY: It looks to me as if there is a plot or lawn behind
this. I have seen cars back there.
MR. BORTZ: You can get back in. I drove in.
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MR. HARPER: At present there is no parking but what might be in
the back?
MR. MULVEY: And the driveway. I understand you need 300 square
feet for a car.
THE CHAIR: You wouldn't have turn-around space.
Is there anybody who wishes to speak in behalf of
the petition?
JOSEPH RUSTYAK: I own the property at 103 Highland Place and my home
address is 143 Graham Road. I would like to make
some points. First, I have known that property for
a number of years, having lived at 103 Highland Place.
It has been a storehouse, work shop and what have you
for many years, and this would surely be an improve•
ment. Second, concerning parking in this area, it
does affect the rentals that are made. So far, I
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MR. RUSTYAK: have discovered that no more than about fifty per-
cent of the people through there, as a maximum,
drive cars, and this is a point to me. Third, the
fact that he is improving the property is of major
importance to me.
WILLIAM LOWER: My name is William Lower, of 433 Floral Avenue. I
have a piece of property right directly in back of
this property. Mine is on Buffalo Street. I do no
live there but I think if I did live there I would
be more interested in seeing something of this type
upgraded than used for not only a useful purpose,
but in such a way that it would look better, and as
I have noticed this structure here I have always
felt I would like to see something done to it. I
do not of course know whether something like this
should be turned down. Apparently it is structurally
sound and could be upgraded and put on the tax rolls.
I know that I have many apartments in the heart of
Collegetown; I have fifteen unite adjacent to Jchnn 's
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Big Red Grill; in fact, these were built for apart•
ments and not changed later and they have absolutel
no parking and none is available to my tenants.
• Honestly speaking, only about one out of three tens is
ask If I have parking. Even though parking seems
to be a big concern with apartments up there I hone tly
feel that many students renting apartments usually do
not drive so close to the Campus. I would like to
see this property made more presentable and useful,
not downgraded, but built up to the Code.
MR. ROGAN: What about the water and sever hookups to this plat
MR. MULVEY: I do not think it is there yet.
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THE CHAIR: Is there any one else appearing in behalf of this?
None.
THE CHAIR: I will now read to you a letter stating opposition:
of 227 South Geneva Stree
Ithaca, New York
April 28, 1971
Mr. Edison Jones
Building Commissioner's Office
Board of Zoning Appeals
City Hall, Ithaca, New York 14850
Dear Sir:
Please read this letter at your next meeting which I understand is scheduled
for Monday, May 39 1971. Please be advised I oppose Ignacio Serrano's
application for an exception to the Zoning Ordinance which would allow tile
installation of a one-family apartment in an old barn at 209 Williams Street,
Ithaca, New York.
I own the property at 211 Williams Street. The eaves of the barn overha g
on my property. I own about 2 feet of the driveway on the west side of
property (next to 209 Williams St.), which indicates that Serrano does n t
have sufficient parking available. In fact, when the old horse barn roo
was being repaired, trucks made deliveries of supplies through my parkin
lot on the east side of my property as it was impossible for the trucks o
make deliveries via Serrano's driveway.
I can well remember when East Buffalo Development was turned down for la k
of 2-car parking spaces per apartment when we desired to build new house
in a onewhalf block area. It does not seem feasible to now allow someon
else to try to build up a livable area out of a barn with no parking space,
when we were turned down on new construction that would have enhanced the
area and would have allowed 1.3 cars per unit.
Yours truly,
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/s/ Atte Ruuspakka
ARTHUR J. GOLDER: 110 West Court Street. Mr. Rustyak asked me to appear
in objection. This property owner is now enjoying
nonconforming use and the Zoning Ordinance states
this can neither be extended nor enlarged. This wo ld
appear to be the crux of the matter, but as I listen,
some of those who favor this would like this extended
so that some day they might want to extend a non-
conforming use.
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I THE CHAIR: The last case tonight is No. 929, the Appeal of
Westons Shoppers City, 744 South Meadow Street,
Ithaca, New York, for special permit at above addre s,
sign size, under provisions Section 7, Column 4, in
a B-4 district. Who is appearing?
METHOD PIPAN: I represent Weston's Shoppers City and the United
Advertising Corporation of Fairfield, New Jersey,
and we are proposing a free standing sign, to be
located at 744 South Meadow Street in Ithaca. We
_ have sent letters to the property owners within 200
feet of our lot lines by registered mail; we have
copies of these receipts. Also I have here a blue
print of the proposed sign, which does come within
the regulation of up to 250 square feet. Our sign
is approximately 200 square feet.
THE CHAIR: Would you describe your sign for us?
MR. PIPAN: It is approximately 40 feet high. The top portion
of the sign has "Weston's". It is 16 feet 7 inches
by 11 feet 6 inches, and approximately 2 feet deep.
It will be stationary.
THE CHAIR: So it would be two signs?
A. One. The other front would be 2� feet by 4 feet,
with the hours on. There would be illumination fro
within the sign. We have a timing device.
MR. ALO: What are the hours?
A. Ten to ten six days a week.
Q. Or seven days a week?
A. Six days a week.
THE CHAIR: When the building is completed will you come back
for the sign on the building too?
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A. All I know is that we are applying for the highway
sign.
THE CHAIR: In order to explain a little. We have had a client
come in for a building variance and then later come
in- with a request for a larger sign; this could
happen for instance, when the building had not been
completed for signing. This makes for a double Sign
so we have asked when any one comes in for a building
and a sign, that the two requests be combined. If
you would want a sign on the building you would hav
to come back. There is a limit to the amount of
signage you can have.
A. Well, this is approximately 200 square feet.
THE. CHAIR: That:-means"'that on the face of the building you can
have only a sign of 50 square feet. I think you
should go back and talk to your people unless you
want to get in this bind.
A. Right. We are requesting permission to build this
L sign of 200 square feet.
MR. JONES: It totals to 193 square feet approximately on one
side of the sign.
THE CHAIR: Is there any one who wishes to speak in favor of
this application?
None.
Is there any one who wishes to speak in opposition
to this application?
None.
EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, MAY 3, 1971
Case No. 925:
ALO: Move that the request for variance be granted.
PET ITT I: Second.
VOTE: Yes - 5 NO •• 1
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Case No., 926:
HARPER: Move that request for exception be granted.
PETITTI: Second.
VOTE: Yes - 6 No 0
EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, MAY 3, 1971
Case No. 927:
HARPER: Move that the request for variance be granted with
the proviso that the owner insist on parking in the
off-street spaces available to them.
PETITTI: Second.
VOTE: Yes . 6 No - 0
Case No. 928:
u ALO: Move that this request be tabled for further
Information. j
BORTZ: Second.
VOTE: Yes - 6 No - 0
EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, MAY 3, 1971
Case No. 929:
ALO: Move that the request be held in abeyance until
this Board has further information on what will
comprise the signing of the proposed shopping area.
BALDINI: Second.
VOTE: Yes - 6 No - 0
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The Board of Zoning Appeals unanimously requests that the decisions of
the Planning Board be sent to the members of the Board of Zoning Appeal
only.