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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 -2- 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. -3- 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. i } ffi+i 1+t I w4w 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 wrjw 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. M6• 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. -7- 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 I -8- 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 .i 9w 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 ' r M10. 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. I 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 11•• 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 �.s 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. I i 121. 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, I /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. I -13- 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? -14- 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 L/ 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 I 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.