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Home My WebLink AboutZBA Minutes 1965-01-12 TOWN OF ITHACA ZONING BOARD OF APPEALS JANUARY 129 1965 A meeting of the Town of� Ithaca Zoning Board of Appeals was called to order at 8 : 45 P . M . Tuesday January 12 , 19165 in the Town Office at 108 East Green Street in the City of Ithaca . Members of the Board present were : Chairman David Powers , Robert Powers , William Scott , Jr . , and Zoning Officer Robert J . Wells . Also present : Attorney Tsapis , Attorney Johnson , Mr . McConnell , Mr . Manos , Mr . Dean Davis and Mr . Reynolds Metz . FIRST CASE : The meeting was called to order by Chairman Powers for the purpose of a public hearing on the application of Mrs . Louise McKinney , represented by Joseph McConnell , for a variance to Article 51 Sections 18 and 19 of the Zoning Ordinacne to permit the operation of a restaurant in a residence zone at 919 Elmira Road ( R - 30 ) in the Town of Ithaca . The Zoning Officer read the application and the appeal thereof and also presented the proof of publication as published in the Ithaca Journal on January 79 1965 . The Zoning Officer also reviewed the history of this property and its use , pertinent to this matter , since in 1959 similar hearings were held and a variance granted for a restaurant operation at this same property . The Zoning Officer also indicated that the same basic situation and circumstances exist now as then and that Mr . McConnell felt that in light of this the information and evidence as recorded in the 1959 minutes ( reviewed by the Board ) could be used in determining the Boards action and decision in this matter . Agreed , your attention being directed to minutes of 11/20/ 59 and 12 /4/ 59 on file with the Town Clerk , Attorney Tsapis speaking on behalf of Mr . William Manos , the present prospective buyer and operator of this property , outlined their plans for this proposed use making the following major points : 1 . Mr . Manos is experienced ( 10 years ) in restaurant business . 2 . To invest 70 to 75 , 000 . 00 dollars in this business . 3 . Preserve and improve the Victorian motif of the property . 4 . To use the name " Sunny Farms Restaurant " and maintain basically the same exterior set -up as before : ie . signs , parking , garbage storage , landscaping , etc . 5 . Desire approval of public bar and cocktail lounge area since this is felt to be necessary for the successful operation of this type of business . 6 . Desire approval to be allowed a limited number of tourists for a limited time since Mr . Manos will not be living at the property and the upstairs area would other- wise not be usable . 7 . Feel that a real need exists , close to Ithaca , for a high class restaurant . 8 . Hours of operation ; 11 : 00 A . M . to 1 : 00 A . M . 9 . The zoning of the area adjacent to the south has changed since previous variance was granted in that it is now bight Industry and the area as a whole , has had no growth or development to speak of as a residential district . 10 . Will employ approximately nine persons and maintain the same service entrance and drive as previous . 11 . The interior plans and changes to be made were . shown on an informal sketch . The formal drawings and completed detail will be provided to the Zoning Officer upon their completion and prior to their being incorporated into the building . 12 . The applicant desires to establish a firmly based high type business which will prosper over the years and be an asset to the whole community , and to accomplish same is willing to be guided by and conform with any and all reasonable requirements or requests of this or other official Boards or agencys . 13 . Feel that the main parking area entrance should be widened and improved for safety reasons . Mr . Dean Davis indicated no specific objections by himself or others in his area who have discussed the matter with him , but he did stress that it would not be desirable for a road -house type operation to be allowed to develop and consequently the proposed use , if granted , should be closely policed and any violations promptly reported and acted upon . Mr . Reynolds Metz comments closely paralleled those of Mr . Dean and in addition he indicated he had discussed the matter with Mr . Ripley , the next neighbor north of the property , and that he had no objections as long as the place was operated as a high- type restaurant and not as a " tavern " . After general discussion , lead by the Board , the following resolution was made by Mr . Robert Powers , seconded by Mr . William Scott , Jr . and duly adopted by unanimous vote : i " Whereas it has been shown that uniqueness and hardship exist with regard to this subject property , and that the granting of the requested variance would not materially affect or change the character ' of this area and would not in any way be detrimental to the area or property values therein and would fulfill a need of the community and be in conformance with the comprehensive plan of development of the Town , now therefore be it resolved that the requested variance to the Zoning Regulations of the Town of Ithaca . 3 Zoning Board of Appeals Minutes - January 12 , 1965 Page 2 be granted , subject to the following conditions : 1 . Diagrams showing access drives , service area , signs , lighting , landscaping , interior lay - out including location and extent particularily of the bar and lounge section , etc . to be submitted when completed , attached to , and made a: � part of the application . A detailed written explanation of the use to accompany the aforesaid diagrams ; this to cover and explain all phases of the expected operation and is also to become a part of the application . 2 . The use of a maximum of six rooms will be allowed for tourist accomodations upstairs . This use to be further limited to a maximum period of ten days for any one person or group in any one room or suite of rooms . 3 . The public bar provided for the service of alcoholic beverages shall be limited to a maximum of 15 feet , and the cocktail lounge to be provided in connection with same shall be detailed for and approved by the Town prior to its construction or use . 4 . The permit and variance shall be null and void , in the event that any of the above conditions are broken or held to be invalid or the use of land and buildings does not conform to the uses set forth in the application and the diagrams made a part the:eof , 5 . A copy of the order of the Board granting the variance is to be filed in the miscellaneous records of the Tompkins County Clerk ' s Office . " Chairman Powers declared the public hearing closed . SOUTH HILL DEVELOPMENT .* In further business before the Boar , the propose South Hill Development was discussed and it is the feeling of this Board that consideration should be given to the commercial or business re - zoning of a considerably larger area along the east side of Danby Road that is now being considered . The consensus was that due to the rapid and extensive growth of Ithaca College in this area , a -: need will result , in the very near future , for considerably more commercial activity in this area . Specifically , this Board recommends that the Town Board consider business zoning for the area , approximately 1000 feet deep , extending along the east side of the Danby Road from the south boundary of Ithaca College southerly to the King Road . It is felt that this would allow adequate area and sufficient depth for safe " College Town " type growth , which could well be made to service this area . TOWN OF ITHACA VS . COLLINS .* The court case now in progress regar ing Collins was briefly discussed and the Board adopted a " wait and see '? attitude as regards to possible proposed future actions of this Board in the matter . There being no other business , the meeting was adjourned at approximately 11 : 30 P . M . Respectfully submitted Robert J . Wells Zoning Officer I