HomeMy WebLinkAboutMN-BZA-1970-12-08 BOARD OF ZONING APPEALS, CITY OF ITHACA, ITHACA, NEW YORK, DECEMBER 891970
PRESENT:
JOHN BENTKOWSKI, Chairman
JAMES ROGAN
RALPH P. BALDINI
FRANK ALO
ANTHONY PETITTI
EDISON JONES, Building Commissioner & Secretary
Chairman Bentkowski opens meeting, listing cases to be heard.
THE CHAIR: The first case we will hear is No. 903, the Appeal of
James O'Neil, 212 Hook Place, Ithaca, New York, for an
exception at 212 Hook Place to erect garage under pro-
visions of Section 7, Column 12 and Section (E5 in an
R-1 District.
JAMES O'NEIL: I am James O'Neil and I live at the corner of Taylor and
Hook Place, but I have 276 feet facing Taylor Place. A
few years ago I sold the land to the City to make Taylor
Place a street instead of a right of way. When I sold
this property I was not informed by the City that I would
have to be 25 feet back from Taylor Place in order to
build a garage there. I was also informed at the time
that when I sold the land to the City to make the street
that they would fill in my 3tard at the back to look better.
The City just filled in enough to hold the road in place
and stopped. Now that I want to put a garage up there
I am told I have to get a variance. For one thing I have
five sons and when they come to visit me I need a place
for them to put some of their. cars. I sold the land under
stress; I was told if didn't sell it at the time that
they were going to condemn it and take it anyway. I have
14 feet from the line now filled in and that's all. I
have the plans here for the garage and a picture of it
when it is completed.
Appellant's Exhibit 1, marked for identification, being
a picture of how the garage will look
Appellant's Exhibit 2, marked for identification, being
plans for garage and specifications
And if I could build a garage this winter, I could get
it at this price quoted here (indicating) although I
will not need the garage until summer.
MR. ROGAN: Do you have any agreement with the City to sell the land.
A. Yes, I signed an agreement with the City to sell the land and they came
afterwards and asked if they could fill in my land in the back to hold
the road. A copy of that is with the City; I have no copy and I was
before the Board of Public Works on three occasions. When they did get
the fill there, they drove right past my lot with it on Carpenter's
truck and put it down in the dump. A11 I was after that time was to get
them to do what they said they would do, but of course I realize your
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function is different. I did not want to sell the land; where the road
is now I had my garden. They offered me $300 for the land. They said
they would fill it in when they got the fill. I signed the papers that I
would allow them to dump in my yard, but when they got to the road they
stopped. I thought there was enough fill in there to put the garage in
and contracted for the garage and when I went for the building permit I
found it had to be 25 feet. If I conform to the rules now there would
have to be about 15 feet filled in more.
DR. BALDINI: What is the depth?
A. According to Mr. Dingman he said in order to get one foot of fill in the
top there would have to be three feet on the bottom.
TIS CHAIR: It's a three to one pitch.
MR. O'NEIL: I signed a paper to give them permission to dump in there.
At that time I couldn't get an attorney so I took them at
their word, which I should not have done. I sold it for $1700 and they
gave Brown $3000 right in back of me and said I was holding up the progress
of that new development on West Hill. They said they had to use the fill
to put a fire out in the dump. I have talked to all my neighbors and none
have objected and I need the garage.
DR. BALDINI: Have you recently contacted the Board of Public Works?
A. Continually, for six years and every new Mayor says nothing is binding
on what the other Mayor said.
Q. How big a garage are you planning for?
A. A three car garage and I want to put it back the 25 feet but it is impos-
sible to do it at this time. I would like to have them fill it in enough
to put the garage back there. I own 276 feet and there are no buildings
there now and I never want to buildin the back of my yard. I don't care
if the garage is out near the street but I would like to comply with what-
ever rules are supposed to govern it, and where the garage goes is im-
material. But I am told that I can not put it closer than 25 feet as I
understand it and I am asking for a variance to bring it in less than the
25 feet.
THE CHAIR: Is there anybody who wishes to speak in favor of the
variance?
None.
Is there anybody who wishes to speak in opposition?
None.
L
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THE CHAIR: The next case is No. 904, the Appeal of George C. Schempp
and Geoffrey M. Weaver, 413 North Tioga Street, Ithaca,
New York, for a variance and exception under provision
Section 7, Columns 2-11-16 in an R-3 district.
GEOFFREY WEAVER: My name is Geoffrey Weaver and George Schempp and I are
the owners of property at 413 North Tioga Street. We
occupy the first floor with our insurance business; the
second floor apartment is rented to others and the basement
also is rented to others. We are here tonight requesting a variance and
exception to build a 12 foot addition, one-story high, on the rear of our
building to accommodate expansion of our offices. Column 2 is the use.
We have our insurance business there now under a variance. Column 11 is
the percentage of the lot which may be covered. Inan R-3 zone, 35% is
permitted; in a B-1 zone, office use, 50% is permitted. We now cover
420 of the lot and our proposal would cover 55%. Column 16 is rear
yard dimension. An R-3 requires 25 feet, a B-1 requires 20 feet. We
now have 30 feet and if permitted to build, our addition of 12 feet, that
would leave another 18 feet. We have used the services of an architect
in hopes of trying to devise some way of opening up the downstairs to
expand our offices but it is not practical. Every one needs access to
the offices without running up and down stairs. The only hardship is
that we are in a position to expand our business; we need to and haven't
the space. The addition would provide two offices and second bathroom
facilities. We feel that what we propose would not change the character
of the neighborhood. That block is the first block into the R-3 district
and it is already in a substantial degree occupied by offices. I have a
drawing of the lot.
Appellant's Exhibit 1, marked for identification, as a
drawing of the lot
Appellant's Exhibits 2 and 3, marked for identification,
being two pictures showing the back yard in question
DR. BALDINI: When are you going to start this?
A. Depending on tonight's meeting. We haven't a firm figure yet and have
not decided how much to excavate or just to have crawl space for part of
it It -would be 12 feet back from the existing building.
THE CHAIR: Is there anybody who wishes to speak in favor?
VINCENT GIORDANO: 602 Hancock Street. In no way connected with this Parti-
cular project but I am familiar with it, doing numerous
construction jobs in the area and familiar with the eharaater of the neigh-
borhood. This is a very well kept property and I am sure the new addition
would be in keeping with existing uses in the neighborhood now.
RALPH BALDINI: Owner of the property next door and I would urge this Board
to grant this variance. I have known these gentlemen for a
• long time; they are fine neighbors and keep their property well and have im-
proved it since I have been there. I came 15 years ago and it was pretty well
run down and they did a fine job in improving it and the neighborhood. I am
happy to have them there.
THE CHAIR: Any one to speak in opposition?
None.
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THE CHAIR: Our next case is No. 907, Appeal of Vincent Giordano, 602
�-' Hancock Street, Ithaca, New York, for an exception at end
of Fifth Street, under provisions, Section 7, Columns
13-14-16 in an I-1 district.
VINCENT GIORDANO: My name is Vincent Giordano and my address is 602 Hancock
Street. I appeal to the Board tonight for an exception to
build a new building at the end of Fifth Street. If you
are familiar with the area you know this is adjacent to the
Bush Oil Company and their general storage place. I submit an exhibit
which is the entire plot plan of the area.
Appellant's Exhibit 1 marked for identification, being
plot plan of area, which is shown to the Board, indicating
layout.
According to Mr. Dingman this can not be opened to Route 13, and at the
Planning Board meeting they recommended this because it would in no way
affect the site. The paved portion of Fifth Street is approximately
140 feet from the northerly line of Hancock Street. I recently purchased
the land in question from the Prospect Dairy. They have approved me
building next to their line and the rear of their line. When they sold
me this property this was their understanding. It does not meet the line
requirements hence I need an exception. This is for the new store where
the handicapped people refinish old furniture and refurbish furnishings,
and they sell them in this building as second-hand goods. Challenge
Industries has approved my proposal to lease them this building and if
this is granted we will break ground immediately and they can be in
within eight weeks. Out of 19,800 square feet the New York State Elec-
tric and Gas has a pipe line going through and the rectangular part of
the lot at the end of Fifth Street is the only place this can be built on.
Mr. Dingman said I could write a letter for tomorrow night's meeting and
ask that that be just a private street. But there is an alley there
over to Bush's. He did not think the .City had any use for this. The
sewer connection is at Hancock Street. I own that property also and I
would have to go through to there for the lines to my property. This
building will be approximately 6,000 feet, a flat roof, one-story masonry
building, approximately 19 feet high, with windows in the front. I am
sure there is no problem with the Fire Department. This win be of fire-
proof construction. I have kept 25 feet at the side of the poles. I
think it is high voltage through there. They are 90 foot poles, high
enough to get a fire truck through.
THE CHAIR: Is there anybody who wishes to speak in favor of this?
SAL SALERNO: Executive Director of Challenge Industries. Our present
building is totally inadequate. We are storing things
at the old NCR building„ our materials to work with. There is no
storage space near us and we need bttween 5,000 and 6,000 square feet to
do this. Our store is important to us. If it weren't for the store
operation to re-finish the things given us we would have to lay off
30 or 35 persons, but we are able to keep these people busy if we can
have this store, and we feel that this is an excellent location. For
every dollar of profit made at the store we can match a dollar of State
and County Ibrgiene money for it. The Board of Directors has approved
Mr. Giordano's proposal.
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DR. BALDINI: Will there be any sign on this building?
A. Probably no bigger than the one we have.
Q. How long a lease?
A. At least a minimum of one year, with the options of course.
MR. GIORDANO: The Board did talk about a sign on the side of the building.
MR. JONES: They are allowed 50 feet in that zone.
DONALD SLATTERY: How long is the lease?
A. One year. There are Federal moneys involved but we have options to keep
going. $1.50 per square foot per year with first refusal.
Q. Have the immediate residents of the area been notified?
A. Yes, every one within 200 feet, with a letter and a copy of this map and
I have offered to talk with any one about it. I have received no objec-
tions.
THE CHAIR: If there is no one else who wishes to speak, thank you,
Mr. Giordano.
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MR. BENTKOWSKI: The next two cases will necessitate that the Chairman
remove himself from his presiding position because of
a conflict of interest. Appoint Doctor Bal.dini the tem-
porary Chairman, who is the senior member on the Board.
, By virtue of the fact that I have to remove myself from
participation with the Board, you will have to convince all
four members that the cases to be heard can get the
variance.
DOCTOR BALDINI As Chairman:
FRED WEINSTEIN: As City Attorney and legal adviser, I request permission to
sit with the Board.
THE CHAIR: Permission granted.
This is Case No. 901, the Appeal of Linden Hills Apartment
Corporation, 227 Linden Avenue, Ithaca, New York, for a
variance for use as offices and dead storage at above
address under provisions, Section 7, Column 2, in an R-3
district. I think I shall repeat, as the Chairman stated,
a vote of four is necessary for approval, and because of
the peculiar situation this evening, with Miss Martin in
the hospital and John Bentkowski disqualifying himself,
again I would like to state if the appellants wish to with-
draw, they may do so without prejudice, to appear again
�..� when a full board will be in session. Mr. Bentkowski's
term of office terminates this December 318t, so duplicating
this situation is highly unlikely. I just say this to
apprise you of your rights.
JOHN BENTKOWSKI: My name is John Bentkowski; I reside at 108 Treva Avenue,
Ithaca, New York, property manager for J. D. Gallagher
Company. We are the managers of the Linden Hills Apartment
building at 227 Linden Avenue. The building in question
was known at one time as Southern Linen Supply Company.
On behalf of granting this variance, I would say, first,
that all the previous testimony given at the last meeting
should be submitted as part of this hearing. The sole
exception is that I would like to delete all mention of the
Automotive garage. The reason for this is that we have a
commercial building on Linden Avenue. The question is what
to do with this building. The first time we broached the
possibility of using this building as a commercial struc-
ture we found there was a blurring of the commercial value
of the building by the proposed use by one of the tenants.
1875 square feet would be occupied by this tenant. The
small percentage left defeated the use of the building.
At this time we would submit this as an appeal for use of
the building as a commercial structure, and thus allow
the proposed tenant for one side of the building to appeal
for an additional variance. The Board can rule on the
relative merits of both appeals. Sitting on the Board,
I know there is a question of 'What is hardship'. Here
we have a commercial building which we can not rent due to
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a.i the zoning restrictions. If we sign a tenant for the
building with a certain amount of rent for the space, we
have created our own hardship and the Board can not rule
on that. We are therefore approaching the standpoint of
first, a commercial building, and then a commercial vari-
ance. Subsequently, the Community Auto School will present
this request. The sad plight of the Linden Hills Apartment
building is that at one time it was proposed as an apart-
ment complex. Cost of construction precluded any oonolusion
of the Linden Hills Apartment Corporation planning to con-
vert it into multiple residential occupancy. It is built
strictly for a commercial building. We have endeavored to
repair the building and lease it to individuals, segment
by segment, 625 square feet each. The proposal is that the
whole top floor of the building will be used for business
offices and small scale commercial ventures, the lower
section for parking of the tenants of the place and also two
small areas of office space.
Appellant's Exhibit 1. being the lower floor plan, with
two office spaoes,."marked for identification
Appellant's Exhibit 2, being a much larger scale drawing
of the proposed small office areas downstairs, both north
and south, marked for identification
Appellant's Exhibit 3, being proposed layout of lavatories
stair wells, storage areas for the top floor of building,
marked for identification
The building front has been painted at the present time
and loose concrete around some posts has been removed, some
crash barriers removed and the building painted to some
degree in the front. The roof has been completely repaired
at this time and the landlord will erect a barrier so there
will be no opportunity for children to use the roof as a
play area. This was the original proposal of Linden Hills
Apartments. We will erect a barrier so no one can come in
from the Bryant Avenue side to use this as a play area.
One item is that we would like to use it as office space
and as storage space. The word "dead" implies immovable;
ours will be moved out from time to time. Mr. Salerno has
made some inquiries for storage space and we have tenta-
tively agreed to provide this storage. This will be moved
in and out to a limited extent, but obviously not moved out ,
in large volume. At the present time we have not signed a
lease. We have made in some cases verbal or written agree-
ments. The space for the leases is not spelled out. The
agreements are in effect that we will rent the space if ani
when the variance is granted. We have a rentable building.
We would like to rent it. The only thing it is at the
present time is a commercial edifice. There will be need
for offices in that area. We have tentatively signed the
Community Auto School. It has helped us in removing trash
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and leaves and rubble, and the building is much neater,
with new doors, and so forth. This is the beginning of
a structure which can in effect enhance the neighborhood.
The breaks in the walls will be patched and re-painted.
In general we are trying to improve the appearance of a
neglected piece of property. Absentee landlords do not
take care of their properties. We have tried to improve
the property and the neighborhood. I am biased because
I am working with the property but it is a very remarkable
change.
THE CHAIR: Is there anybody who wishes to speak in favor or to ask
any questions?
MR. ROGAN: How many people are planning on leasing upstairs?
A. At the time two proposed business establishments. Our negotiations
with WVBR are at a standstill for the reason that Cornell has found a
possibility of using one of their vacant areas. A new broadcasting
studio involves a large expenditure of money and we would have to make
the assurance it can be amortized. At the present time we have two
verbal agreements; we have inquiries from Challenge Industries and from
a video tape processing company.
MR. ROGAN: How many people will be in the building?
A. I would not envision more than fifteen at the most on the top floor
working there. There must be about space for at least twenty cars down-
stairs.
MR. WEINSTEIN: Do you appear as authorized agent of the owner?
A. Yes.
Q. For the premises at 2Z? Linden Avenue?
A. That is right.
Q. For what portion are you asking for a variance?
A. The entire building.
Q. For commercial purposes, dead storage?
A. Let's say commercial purposes, storage and offices.
MR. WEINSTEIN: I am acting here as legal adviser to this Board. The
City Planning Board requested me for an opinion pertaining
to the matter before this Board.
JAMES MACERA: Property owner on Linden Avenue. Who owns the building?
A. Linden Hills Apartments Corporation owns the building and it is a
corporation. The president is Mr. Anderson, Paul - Paul Anderson
Realty Company, Incorporated, Syracuse.
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MR. MACERA: For how long have they owned the building?
A. I do nob know. The Anderson family owned the building when it was the
Southern Linen Supply Company.
BEN BOYNTON: Are there 20,000 feet of office space or is that total
useable office space?
A. We have 10,000 square feet upstairs, approximately 1,875 downstairs,
and below 1,875 square feet, or 13,750. Subtract 1,250 for unloading
upstairs area, so what is the result? It is about 10,000 square feet.
Q. Of office and commercial space, 10,000 square feet?
A. Yes.
Q. And 10,000 for parking?
A. The vehiclular or movement area.
Q With 109000 square feet of office space at 180 square feet pei/bar plus
turning space and access, how many parking spaces are required? I just
want to make sure.
MR. JONES: We figured we had to have 18 parking spaces.
MR. BOYNTON: Mine came out at 55 spaces.
MR. JONES: There would be one parking space for each office but he is
talking just 25 feet per occupant.
JOHN BENTKOWSKI: We are asking for a variance to use that building for a
commercial use. It was not in compliance with the Zoning
when it went into effect; as a result this building was
a non-conforming use. When the Southern Linen Supply
Company vacated the building was not occupied for at least
one year. This reverted back to an R-3 area. Let us go
into a non-conforming use, and put aside the longevity
time the building was not in use. Our main goal is to use
as much as possible of the downstairs for parking. Off
the street there is approximately 8 feet between the
pedestrian way and the curb which we could use as a load
and unload sone. We have two doors there which go into
a separate unloading area so we would have in effect an
enclosed loading and unloading area. We have a right of
way that will allow us to go up the ramp to the second
floor. We are reserving two bays for loading and unloading
except maybe for Parcel Post to deliver in and out in a
hurry.
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BEN BOYNTON: I understand that the second floor access has a limited
period of time as far as leasing is concerned?
A. That is correct but it is in effect right now. Every lease wi3:1 expire,
obviously.
JAMES MACERA: I heard some word of manufacturing and/or processing and
the type of business you would like to conduct. Do you
have specific plans?
A. Yes, there will be two printing establishments, one the Radical Left
Glad Day Press, the other a lithographic concern. I am not attempting
to hold anything out. We are trying to go in as straightforwardly as
possible. We mentioned a possible tenant, WVBR, and the other was a
video tape processing company. We would greatly love to have business
which would pay us a maximum amount for the square footage allowed in
the building. At this time we have not concluded any lease agreements,
not until a determination is made as to whether it will be a commercial
building. We have sealed off the areas which are most prone to breakage,
the back side of the building, the southern side facing Mr. Steiger's
property was always being broken, and the north side which was very
handy to a driveway for pebbles to toss, to break out the windows.
Right in front of the building is the Egan's IGA, which goes directly
from College Avenue and abuts the sidewalk.;of 'Linden Avenue, so we are
in effect just a slight jog off the Egan's IGA Store, in back of the
�.. ventilators, and so forth.
MR. WEINSTEIN: Would that be the only building of a commercial type in
that area?
A. Yes.
Q. Are you aware of the annual tax?
A. Yes, at present the building is under tax abatement because it is not
in use, and the taxes are $2900.
BEN BOYNTON: The date of construction of the building and the date
of the original zoning ordinance - could you give me
those dates?
A. No, the building has been there for quite awhile. It is a non-conforming
use.
HARRY RYERSON: I live on College Avenue. That building was originally
designed as a garage and any change would be an improve-
ment.
MR. MACERA: Mr. Fred Weinstein brought up the character of the neigh-
borhood. Linden Avenue is a very narrow street, parking
�.. on one side only and if you want to drive down the street
and another car is coming, the prudent thing to do is
to stop. Evidently what they are attempting to do on
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this quiet street with a high density of population is to
bring manufacturing in, with high vehiclular use, noise,
and so forth, much confusion, and change the whole charao-
ter of the neighborhood, and all this is not fair to the
neighbors.
PETER MIOVIC: 308 Elmwood Avenue. For the moment I would like to say
I own property on Elmwood; that it is a residential house, a family of
five, and I suppose I am close enough to qualify to speak. I just
wanted to say whatever the use would be on Linden Avenue of that building
does not particularly seem important to my property and I do not think
it will be very disturbing, at least not to me.
ROY FOWLER: 528 Stewart Avenue. Nay question is: The only apparent
reason I can see for not granting the variance would be
opposition from the residents in the area, because of con-
fusion or noise, traffic that would be created. I under-
stand this is an open hearing. Now I see no opposition
here from the resideilt.s of the community. Is there opposi-
tion that we are not aware of yet?
THE CHAIR: The opponents have not as yet been asked to state their
views. The hearing is still open to those who have ques-
tions or who are attemn ting to speak in favor.
NANCY GOLDBERG: 204 Linden Avenue. I have come here to represent the
people who live in my household, and we do not think that
Linden Avenue is too narrow for a commercial establishment
and we are in favor of the variance.
MARY JONES LEONARD: 755 Dryden Road. I would like to ask why the street
is not made,one way if it is too narrow.
THE CHAIR: It is not within the province of the Board of Zoning
Appeals. It is not within the purview of this Board.
LINDA GROSS: 31 Bald Hill Road: Is the Board interested in finding
out how many people in the room are in favor of granting
the variance?
THE CHAIR: Will you take the count?
A. Yes.
WILLIAM HOWARD: 106 Sears Street. In favor of the variance because of the
good it would do the community for people in an under-
privileged condition where they, can not afford to use the
auto schools.
THE CHAIR: You are out of order. You are speaking in favor of an-
other appeal. The appellant said, "this .is not for the
auto school".
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The Chairman and Mr. John Bentkowski explain to the assemblage the difference
in the Appeals No. 901 and No. 906, as to the difference in requests for
variance and request that those who wish to speak address their remarks to
the appeal under consideration.
ALAN PERLMAN: 715 East State Street. I think the question is: If this
appeal is defeated, not the granting of the commercial vari-
ance, are the appeals completely separate?
THE CHAIR: Yes.
CHRIS ANAGNOST: 312 College Avenue. Let us put it: Does the Hoard have
to grant a variance for this building to become commercial
before the auto school can go in?
STEVEN RANKIN: I would like to say something about the building itself.
The fact is that it was at one time used for commercial
uses. Either it will be used or not be used. I am in
favor of passing this variance because I think it is im-
portant to the vitality of the neighborhood. If it is not
used it will further deteriorate the neighborhood.
THE CHAIR: Who wishes to speak in opposition?
JAMES MACERA: I am opposed. I am a property owner on Linden Avenue.
Other property owners and myself have stated we are opposed
to a commercial structure in a residential area. That
street is not made for heavy use, such as trucking. I
think it should be shown here that it is a narrow street.
I think what is being attempted to be done here is for
these people to introduce commercial into a place where
people live and this is quite unfair. No one wants a
factory built next to their homes. I am not sure about
the hardship here - how this is to apply. Evidently the
building is just an inadequate building, left because it
did not make a go of it, so the present owners are casting
about to do something to aid their situation. This might
be a commendable thing if it does not harm the neighbors.
� I sincerely request that you refuse this.
PETER MIOVIC: Are you a property owner or also live there?
A. I am only a property owner.
Q. Is that a commercial property?
A. No, I think it is residential, you know.
EUGENE PAINTER: 217 Utica Street at present. The building was originally
built for a storage garage in 1920; there was no real place
to store cars; it was very dilapidated. They used to put
µ rows of Model T Fords in there. Then the garage went out
and they shopped around until the Linen Supply got in.
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MR. PAINTER: It was owned by another Anderson. Ronny Anderson owned it
when Southern Linen Supply was there and it was an awful
hardship after they began to use it for commercial use,
and when it was no longer used for storage, they couldn't
use it for an apartment house. Every one was in trouble,
the linen supply; there was always trouble when they used
it for what it wasn't designed for. People wouldn't stay
there and finally the Southern Linen Supply came in and
the people in the neighborhood were very unhappy with the
trucks going in and out and ever since it has gone down
hill. I am one hundred percent in favor of offices but
not in favor of something going in there that would create
a disturbance there, nothing connected with a garage.
A. NOLIK: Have any of your tenants complained?
MR. PAINTER: I have transferred this property. Before that I lost
tenants every month.
PAUL STEIGER: 935 East State Street. I own the property immediately
adjacent to this property and I have had complaints from
my tenants relative to the possibility of this becoming
commercial. I have letters here that I will submit to
the Board. These neighbors have asked me to submit their
objections to this Board.
(Letters submitted and made a part of the record)
JAMES MACERA: One more point. The purpose of the Zoning Ordinance is
for certain areas to be quiet residential areas and cer-
tain areas to be commercial. This building was non-
conforming at the time of the adoption of the ordinance.
BEN BOINTON: I wish to reiterate my statement the last time were here,
the feeling that the entire area should be properly con-
sidered for re-zoning.
THE CHAIR: Then I think you should go to the Common Council.
We will now close this appeal and proceed to Appeal No. 906.
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THE CHAIR: Appeal No. 901 is now closed and we will proceed to
Appeal No. 906, the Appeal of Community Auto School, 227
Linden Avenue, Ithaca, New York for variance at the above
property under provisions, Section 7, Column 29, in an R-3
district. Who is representing the Community Auto School?
BETTY D. FRIEDLANDER: I am Betty Friedlander, an attorney for the Corns.
Legal Aid Clinic and I am representing the Commun:
ty Auto School.
First, let me say that I think your decision on the appeal
of the Community Auto School is severable; I believe under
the law you can decide in favor of the constitutional vari.
ance which this appeal is for. So obviously our interests
need not be inconsistent. Second, the zoning ordinance
calls' upon you gentlemen that in interpreting the ordinance
you have to balance the interest of individuals with the
interest of the community at large and usually your decisio
involves surrounding property owners, and that there are
instances where the interests of everybody are involved
with minimal distaste to those in the community who may
oppose this appeal. I would say you should consider the
interests of the community.
This is a voluntary group of people who basically want to
help each other in learning how to fix their cars. People
are interested in this. Under most circumstances a speci-
alist knows how to fix a car, but these people feel that
there are enough people interested in fixing their own cars
to warrant this facility. So they will provide a place for
instruction and advice as to how to fix cars and perhaps be
assisted in this by these people and they will assist in
buying any parts necessary. This is a non-profit venture
and involves the community learning the trade and also
learning how to help themselves. In all, there is a great
deal of interest shown on the part of the people. It is
not a factory nor a body repair shop, not a major automo-
tive repair place. So I think if you keep the distinction
in mind, you can understand. They want to do things like
oil changes, maintenance, spark plugs, ignition and in
attempting replacement of broken parts, windshield wipers
and so forth. Basically, I think you will agree that a
kid could tinker with these things in his own back yard
and no one would object. The other function is a mechanioal
operation. We can sit in this room and talk about how to
fix our cars.
And now I want to tell you what we are asking for. We are
asking for a conditional variance, to exercise your functionc
here so far as limiting the variance. You can place restric.
tions on the variance, and also where, in fact, this auto
school would be. We are willing to have the variance
granted for a temporary period. The auto school now has
-15-
no place to go. The people want to do this and we would
ask if you feel you can not grant a permanent variance,
that you condition it and make it temporary. We are
willing that there be no parking in the front of the
building and would be very happy to take whatever steps
are necessary to post official City of Ithaca regulations
that nobody park in the front of the building. This is
possible. This building is large. The school will lease
about 1200 square feet of the premises for the operation
and another 600 feet where cars can be kept and serviced.
All cars will be kept inside. Our parking will be limited.
Now you can restrict the kind of things that are done;
for example, no gasoline sold, no acetylene torches or
inflammable tools used. We are also willing that the
hours of this operation be restricted and therefore this
Board could authorize an appropriate time, to preserve
the peace and quiet of the community. 5o I think that so
far as your power to condition this variance, you can make
it so that those living there would be minimally affected.
What are the objections? I think one is perhaps a decrease
in property values. This street is really rented proper-
ties, leasing rooms; also it is not really a totally
residential area in the sense it is geographically a
residential area. It is very close to Collegetown. When
you talk about the residential nature of the property,
I do not think it should be confused with those residential
areas that have a geographical isolation of the true
residential area. I do not think this will affect
property values. In fact, I think the existence of an
empty, deteriorating structure is far more apt to do this.
And these boys have cleaned up this building.
There is no question that parking is a problem. It is a
problem everywhere. We are perfectly willing to do any-
thing the Board of Zoning Appeals would like, to limit
this variance, and the burden would be accepted by' the
people who would go to the auto school. As far as noise
and hours of operation we are happy to conform to any
requirements you request. Also, as far as noise is con-
cerned, it the intent of the landlord that the lower
portion of this building used for .the auto school is
going to be enclosed so that will diminish the noise.
I think that this about covers it. I do not want to
belabor the point. I have here a list of activities that
the school does.
Appellant's Exhibit 1, marked for identification, being
map and kind of activities and equipment.
�.. .. Received by The Chair.
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.� Attorney Friedlander: We want to submit a letter from Mr.
Bentkowski, dated December 7, 1970.
Appellant's Exhibit 2, marked for identification, being
letter from John A. Bentkowski, dated December 7, 19709
addressed to Community Auto School, as to lease agreement
subject to granting of variance.
Appellant's Exhibit 3, marked for identification, being
statements signed by residents of the area in question.
Appellant's Exhibit 4, marked for identification, being
list of owners in immediate vicinity of site in question.
In conclusion, I would hope the Board would bear in mind
the interests of the community at large and weigh the
choice and bear in mind that we would be happy with a
temporary variance, and we feel that this could operate
at great benefit to the community without harm to the
surrounding area.
MR. ROGAN: How long before they moved out of the building when this
was turned down before?
A. Two weeks later.
Q. Do you have 600 square feet for cars and 1200 for instruc-
tion work?
A. Yes, that allows for only nine cars at a time.
Q. You can only put in three, can't you?
A. The 1200 feet will be for servicing and the 600 feet for parking, or
nine cars.
MR. ALO: Will these people here sell parts that will be needed in
the repairing of autos?
• ROBERT OLSEN: The parts are purchased locally. We have no stock of
parts. We will purchase as needed. The oil is purchased
locally also.
THE CHAIR: Do you have any sizeable supply of oil on hand?
A. No, we have just enough money for the rent.
Q. How about fire hazard with any sizeable amounts of oil?
A. No, we simply purchase' as we need and that is usually done by the
individual.
-17-
FRED WEINSTEIN: What is Mr. Lutz's position?
MRS. FRIEDLANDER: He is a member of the group. They have not yet incorpora-
ted though I would anticipate they would have to be.
Q. Are they licensed by the State of New York as an educational
institution?
A. No, they are not.
THE CHAIR: Is there any one who wishes to speak in favor?
BARBARA BIGELOW: 226 Linden Avenue. I just want to bring this up. They
have caused no nuisance to us at all. While they were
working they came for water but they made no noise. I
live in an apartment near and once our furnace went out and
they fixed it for us. Another time when my father's car
had trouble they helped with that.
MR. LEONARD: 755 Dryden Road. I am presently very interested in
becoming an automobile mechanic and the Community Auto
School would provide me with a definite service. I can
go in there and work and learn from the knowledgeable
people and fix my own car and maybe some day become a
licensed mechanic.
JEREMY SNITKIN: 511 Turner Place. Pertaining to the community as a whole
in this country at this time there is a lot of talk about
generation gaps, and this school is being run by young
people, people who came to this town and liked it and want
to stay around. One thing they found to do was start a
school to teach people to fix their own cars. This is
bringing older people from the community in to talk about
something they can try to get together on. There isn't
too much money around and if you have a car broken down
and had to fix it, it would take years to learn how to
take care of something which is becoming a vital part of
existence in America.
VINCENT GIORDANO: I am not for nor against. I want to know if all the mem-
bers of the Board are familiar with the history of this
building.
THE CHAIR: The Board thanks you, Mr. Giordano, but I am sure that
the members of this Board are quite familiar with this
building.
-18-
JAMES MACERA: The only thing I am not in favor of is using the quickest
expediency in grabbing this building. Linden Avenue is
a small quiet residential street. You have to turn off
Dryden Road to get to Linden Avenue. The IGA is- over the
back wall on Linden Avenue, which effectively blocks that
area and tends to make it more isolated. It is definitely
not a commercial area but quiet and residential. I think
if the auto school looks around hard enough they can find
an appropriate place to go. Mrs. Friedlander said the
school will not be noisy and if it's a little bit noisy
they will put it inside, and if the Board wants to it can
limit the variance. What is going to be attempted here is
to fix automobiles. I would like to bring one right in ontc
this floor and demonstrate and I would not say this car
would not make any noise. It is not a low level service.
If this is granted there would be no effective control on
cars coming into the street or the building. There has
already been some work done on automobiles and within this
location and it has proven itself to be troublesome+ and
noisy, and I think this situation will be aggravated.
PAUL STEIGER: 935 East State Street. Owners of property immediately south
on the same side of the street. I too, agree with the
philosophy of the school. But I am here to argue the
location because we do have opposition on the part of
local residents and on the part of those who live there
as well as absentee landlords. Tonight when I got home I
found a heating system that wasn't working and I went to
fix it and two tenants asked "What is this all about?".
They didn't know what they had signed. Another letter was
to the effect that the noise has been objectionable and
these people live within 15 feet of the building. The
Egan's market actually alleviated the parking problem there
and the restrictions are brought out in the variance, but
can these restrictions be enforced? Two weeks ago a car
was being fixed across the street from the garage. That
same day my wife tried to get the car in across the street.
I have no actual legal proof but assume this happened at
that location. The living rooms of three apartments are
approximately 12 feet from this building and so are the
bedrooms. I bought the property a year ago and assumed
I was protected by the Zoning Ordinance. Are we or are we
not protected by Zoning? Second, would you like to live
in and enjoy a living room that is 12 feet from a garage
where automobiles are being repaired, regardless of what
restrictions are being put on that garage?
THE CHAIR: Reads letter, dated December 4,1970, addressed to
The Zoning Board of Appeals, signed by W. F. Rochow and
Janet Rochow, voicing opposition to the granting of this
variance.
Letter made a part of the record by attachment thereto.
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MR. ALO: Mr. Lutz, do you have any capital investment now in the
school?
MR. LUTZ: At the moment we would like to use this location tempora-
rily. We have tried to keep the capital investment at a
minimum. Right now we are trying to use the tools owned
by the individuals interested in the school. Right now
we haven't much invested at all. We are waiting for the
Zoning.
FRED WEINSTEIN: What efforts were made to find a site in a zone where
permitted?
A. We started the second week in September contacting realtors
and went around ourselves. Our biggest problem is capital.
We can not afford to pay much rent and here we could work
off the rent that way.
FRED WEINSTEIN: I would suggest that you spell out the efforts made to
find another site in a permitted zone.
ROBERT OLSEN: We contacted owners in the area, advertised on the radio;
having contacted owners, the prices were much higher than
we could hope to pay and there are not places available
for a car to drive in. Those that are available are quite
expensive.
MR. BENTKOWSKI: I was involved in their initial search for a sutiable
location and the Linden Avenue garage was approached as a
source for the garage. They suggested that they would
clean out the building for the Community Auto School and
start repairs to work off the rent. We also looked around
for a possible place as an alternative. When the variance
was denied I actively searched out places and went to one,
the old Bennettl,s garage on Clinton Street; went to the
Auto Body Shop; that place was vacant; that was $525 a
month, too expensive for an initial operation. We then
looked for vacant gas stations and there are none in
Ithaca.
FRED WEINSTEIN: The reason I ask this question is under our Zoning Iaw
three things are necessary for a variance: Unnecessary
hardship, Unique Circumstances, and third, that granting
the variance will essentially not change the neighborhood.
I have been requested by the Planning Board to answer the
question pertinent to this inquiry - that is, where the
owner of a property submits a request for a variance for
a particular use and a tenant submits a request for a
variance contrary to that request of the owner, can the
- Board grant such a second variance?
-20-
FRED WEINSTEIN: In this case the owner has requested a variance for the
entire property, specifically stating no automotive school,
The tenant has submitted a request for a variance for an
automotive school.
It is mar opinion that a tenant can not request a variance
contrary to that requested by the owner of the property,
can not attorn the owner's fee to the property.
If the owner wishes to withdraw his application the Board
can grant the tenant's request. It is my opinion that the
owner's request can not be amended without new publication
of notice of the hearing and that such amendment be in
writing.
I caution the Board that their decision may not be based
on their attorney's opinion but should be considered by
the Board and the discretion of the Board be used in making
their decision and that this opinion be a matter of con-
sideration of the Board in making their decision." It is
recalled that I specifically asked Mr. Bentkowski if he
appeared as an authorized agent of the owner and if his
variance request was for the entire property or only a
portion thereof.
BETTY FR.IEDLANDER: I just want to say there is an alleged
inconsistency. The owner is, seeking a
variance and we are seeking a conditional
variance.
MR. LUTZ: The MA refrigerator units are located at the side of the
building and go all night long. Second, Glenn Bartholf,
on the corner of Dryden Road and College Avenue, maintains
a lot for storage of his cars two doors down on College
Avenue and he is constantly moving cars back and forth from
that lot.
MR. BENTKOWSKI: Again I must r@4.terate the fact that we are making two
variances. 1'e did not, at this time, want to consider the
auto school together with the commercial building. Please
consider these two appeals.
`.. CASE N0. 906:
ALO: Move that this Board grant the application for a
variance under the following conditions:
1) That the school operates until May 319 1971;
2) That no parking in connection with the school shall
be permitted at any time on Linden Avenue or on the
sidewalk on Linden Avenue;
3) That no body work shall be permitted and the school
shall take every measure to insure that noises shall
be kept at a minimum;
4) That work shall be permitted only between the hours
of 9:00 A.M. and 7:00 P.M.;
5) That no gasoline shall be sold by the school; no
motor oil nor greases shall be stored on the premises;
6) That the school shall provide proper disposal of used
parts, oil, greases and all other wastes.
ROGAN: Second.
`.. VOTE: Yes - 4 No - 0
----------------------------N---------------------N-N------N--N-N-
M
�-' EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, DECEMBER 8,1970
CASE NO. 903:
BENTKOWSKI: Move that the application for exception be granted.
ALO: Second.
VOTE: Yes - 5 No - 0
rr----------------------------rrr--r---------------------------------------
CASE N0, 904:
BALDINI: Move that the application for variance and exception
be granted.
ALO: Second,
VOTE: Yes - 5 No - 0
r--r-N----r----rrN-rN-Nr-r-r-r--rr--rr---Nr-r-----N-----------------
CASE
-------------- NCASE N0, 907:
BENTKOWSKI: Move that the application for exception be granted.
ROGAN: Second.
VOTE: Yes - 5 No - 0
-------------rr-r N-r--r Nrr--------------r-----------N----N---N-----
CASE N0, 901:
At this point the Board can not act upon the appeal for a variance because
the appellant has not furnished this Board with the names of prospective
tenants and other pertinent information, such as leases, expenses attribu-
table to maintenance, income from land in issue and other facts, to support
his claims for hardship.
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