HomeMy WebLinkAboutZBA Minutes 1962-08-13 181 .
TOWN OF ITHACA
ZONING BOARD OF APPEALS
AUGUST 1'309 1962
A meeting of the Zoning Board of Appeals of the
Town of Ithaca was held at the Town Highway Building on
Monday , August 13 , 1962 at 7 : 30 P . M .
Membem of the Board present were : Chairman
David F . Powers , Robert N . Powers , William B . Norton , and
William S . Scott , Jr .
Also present were : Zoning Officer Robert J . Wells ,
Richard Berggren , Stanley Tsapis , Wallace Martin , Irene
Stump , Mr . and Mrs . Phillip Allen , Georgia I`Ia. cNeil ,
R . B . Child , Mr . and Mrs . Laughlin , John Johnston , Lee
Bostwick , and Hilda Guterman .
This is an appeal signed by Richard Berggren
for a variance in regard to the decision of the Zoning
Officer denying permission to convert the basement of the
former Inlet Valley School into a sales and repair shop
for lawn mowers . Permit was denied under Section 4 of
. Article III of the Town of Ithaca Zoning Ordinance . Proof
of publication was presented .
Mr . . Berggren stated that unnecessary hardship
is created by the fact that the building is not suitable for
a residence . It is a large building , difficult to maintain ,
expensive to heat . It has been rented as a residence in
the . past but the tenants have moved within a few months
due to maintenance problems and excessive noise created by
the railr.bad and highway .
Mr . Tsapis , representing Wallace Martin who
presently operates the Valley Fixit Shop on the Elmira Road ,
stated that Mr . Martin must move his operation as the
building which he now occupies has been sold . He would like
to purchase the school building from Mr . Berggren . For the
following reasons , he urged the Board to grant this variance :
( a ) the building is not suited for residence .
( b ) business and industry are not unfamiliar in this
area .
( c ) the railroad passes very close with three trains
each day with resulting noise and danger .
( d ) , Inlet is also very close .
( e ) sale and repair of lawn mowers is very similar
to the use permitted in Section 4 , sub . 14 .
( f ) Mr . Martin is ready to comply with the Zoning
Ordinance requirements in every way .
Comments were requested from the ' area residents
who were present .
182
Irene Stump - Children have attended school in this building
for many years and have learned well under the noisy and
dangerous . condit ?ons described . Mr . Berggren could realize
a fair return from his investment and he realized what the
zoning was at the time of purchase . Property in this area
is growing in value and am opposed to commercialization .
Mr . Tsapis - The permitted use in this zone is very similar
t o � what Mr . art in wants to do .
Phillip Allen - Am against granting the variance at this time .
Mr . Berggren bought the property at a public auction for a
very reasonable price . We should not have this piece -meal
zoning . The Planning Board should set up specific zones
for this type of business . This is the third time that this!
property has requested a variance .
Georgia MacNeil - Agree with Mrs . Stump and Mr . Allen . Am
opposed to granting this variance .
Mr . Berggren ' - Bought the property on speculation with hope
of being able to obtain a variance for some type of business .
It has been rented as - a residence only to have the tenants
move within a few months due to the fact that they were unable
to maintain it . Also there has been an increase in the
traffic since the time that this building was used for a
school . ,
Mr . Tsapis - There is a Light Industrial zone right across
the road .
Allen - Own this property right across the road and it is
zoned residential . Mrs . Dodd ' s property line is the
beginning of the Eight Industrial zone . . The Zone Map is
slightly out of scale .
R . B . Child - Opposed to any varistion in the present zoning .
Laughlin - SecondMr. . Child ' s opinion . Also opposed .
John Johnston - Also opposed to any change .,
Lee Bostwick - Own property on both sides of the building
in question and am opposed to a variance , bu tin favor of
re - zoning of the whole area . Opposed to piece -meal zoning .
Hilda Guterman - Agree with Mr . Bostwick ,
Mr . Tsapis - The. request of Mr . Martin is very reasonable .
It will not deteriorate the neighborhood character in any
way or create any problems . Zoning laws were , not made to
strangle business .
MacNeil - What exactly does Mr . Martin intend to do ?
Martin - Have a one -man operation of repairing lawn mowers
and selling lawn mowers . Work is not untidy and all is done
indoors . Occassionally there would be new mowers displayed
outside during the summer . A service truck would be parked
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Zoning Board of Appeals Minutes - August 13 , 1962
in the drive when it is not on the road . Traffic would not
create any great hazard .
Hearing is adjourned until Monday , August 20 , 1962
at 7 : 30 P . M . The Board feels that it needs . to obtain more
information .
Mr . Wells announced the Public Hearings which
have been scheduled by the Town Board for September 6 , 1962
at 5 : 00 P . M . through 5 : 45 P . M .. on the following :
1 . Amendment of Section 75 of the Zoning Ordinance .,
2 . Amendment of Article IX of the Zoning Ordinance ,
30 - Re - zoning of Shady Corners area ' on the Elmira Road to
Light Industrial .
4 . Adoption of A Mobile Home Ordinance .
Meeting adjourned at 10 : 15 P . M .