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HomeMy WebLinkAboutZBA Minutes 1962-05-14 � TOWN OF ITHACA ZONING BOARD OF APPEALS MINUTES May 14 , 1962 A meeting of the Town of Ithaca Zoning Board of Appeals was held at the Town Highway Building on Monday May 14 , 1962 at 7 : 00 P . M . Members of the Board present were : Chairman David F . Powers , Robert N . Powers , and William B . Norton . Others present were : Robert J . Wells , Zoning Officer , Mr . and Mrs . Harold Jones , Mr . James Wylie , Mr . Roy Compton , Mr . Stanley Orr , Mr . Ralph Rasch , and Mr . Donald Street . FIRST CASE : This is an appeal signed by Harold Jones for a variance in regard to the decision of the Zoning Officer denying permission to build a house at 102 Campbell Avenue . Permit was denied under Article IV , Section 16 , of the Town of Ithaca Zoning Ordinance . Mr . Jones is also appealing for permission to build this proposed dwelling nn a lot which does not have frontage on an approved road . Permit was denied under Section 280A of Town Law . Proof of publica- tion was presented . Mr . Wells presented a survey map of the area dated July , 1954 to the Board . The lot is in an R-15 zone which requires 100 foot frontage . Mr . . Jones ' lot is five feet short , being 95 feet wide . The lot was originally marked off at 120 feet wide , but has a right - of' way of 25 feet reserved for a proposed road . Mr . Jones feels that denial would result in unnecessary hardship and he bought the land for the specific purpose of building a home on it . with ignorance of the law . The lot was sub -divided in July , 1954 which pre - cedes the effective date of the Town of Ithaca Zoning Ordinance by three months . Three residents , Mr . Wylie, Mr . Orr , and Mr . Compton , have homes which front on this road . They appeared and stated that they felt that the variance and ,., permit should be granted to Mr . Jones . A motion was made by David Powers and seconded by Robert Powers to grant the variance permitting a 95 foot frontage and to grant permission to build on an unapproved road under Section 280A of Town Law . Unanimously carried . SECOND CASE : The adjourned hearing on the appeal of Ralph Rasch for a variance to extract fill for commerical use from his property on the Calkins Road was called to order . Mr . Rasch presented to the Board the Memorandum of Agree - went which h-e has with Mr . Landstrum , to whom he will lease the land . 72 Zoning Board of Appeals Minutes - May 14 , 1962 A motion was made by Robert Powers and seconded by William B . Norton that the variance to remove fill from the property owned by Ralph Rasch , Harry Frazier , and Donald Street on Calkins Road be granted under the following conditions : TO The term of the variance shall cease upon the death of . . any or all parties to the agreement . 2 . The variance shall cease if the property is sold in less than five years . 3 . No stationary equipment or installations shall be made or affixed to the land . 4 . The general conduct of the operation is subject to the jurisdiction of the Zoning Officer at all times , and to all conditions of - the Memorandum of Agreement between Harry Frazier , Donald Street , Ralph Rasch , and William Landstrom dated March 22 , 1962 , filed herewith . * 5 . A suitable ,. safe slope shall be maintained at the term- ination of the operation . Unanimously carried . THIRD CASE : The adjourned hearing on the appeal of Charles Ainsworth for permission to build a house on a lot which does - not have frontage on , an approved road was called to order . Permission was denied by the Zoning Officer under section 280A of Town Law , The Planning Board is going to review Mr . Franklin ' s sub - divition plans at the next meeting . Motion was made by Robert Powers and seconded by William B . Norton that this Board grant the necessary approval as specified in Section 280A of Town Law , to permit Charles Ainsworth to construct his proposed dwelling without frontage on an approved road as required by Section 280A of Town Law , subject to the specifications shown on the Carl Crandall map of the Charles Ainsworth property dated September 16 , 1958 . Meeting adjourned at 8 : 35 P . M . at Mrs . Hanshawfs .