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 .