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HomeMy WebLinkAboutZBA Minutes 1966-01-18 45 TOWN OF ITHACA ZONING BOARD OF APPEALS JANUARY 189 1966 A meeting of the Town of Ithaca Zoning Board of Appeals was held at the Town Offices , 108 East Green Street , City of Ithaca at 7 : 30 P . M . on Tuesday , January 18 , 1966 . Members of the Board present were : Chairman David F . Powers , Robert Powers , 'dilliam S . Scott , Jr . , Roger Sovocool , Zoning Officer Robert J . `dells , and Secretary Cheryl Beninati . Also present were : Edward Abbott , Attorney , Mark Beathan , Paul Wright , Chairman of the Northwest Civic Association , Robert Burns , Edward Austin , Leo Davis , Forrest Sanders . WALKER G . S '_' 'IITH - APPLICATION FOR VARIANCE - FIRST CASE : A Public Hearing was called to order at 7 : 40 P . M . The Zoning Officer presented proof of publication of the legal ad and read the application of Walker G . Smith for building permit to continue occupancy of a trailer which has been placed at the rear of 333 '4est King Road . This permit has been denied by the Zoning Officer under Article 13 , Section 59 . The appeal to the building commissioner and the Zoning Board does not have any comments as to hardship . Mr . Abbott , Attorney for Walker G . Smith , will present these comments to the Board of Appeals during this Public Hearing . The following background was given to the Board on the subject of this trailer : The trailer was placed on the lot some time ago in violation of the Zoning Ordinance . Mr . Smith was notified in the normal fashion of the violation and was requested to correct the same . Upon his failure to do so , the formal zoning violation notice was issued to Mr . Smith . Upon Mr . Smith ' s failure to correct the situation at that time , Mr . Smith was tried on the charge of violation of Article 13 , Section 59 . He was found guilty and fined . However , the fine was suspended on the condition that Mr . Smith apply to the Zoning Board of Appeals for their decision as to the possibility of Mr . Smith continuing to keep the trailer at this location . The trailer is occupied by a son - in - law on a rental basis and is 550 feet back from the road - not in view from the road . hIr . Abbott pointed out to the Board that he was representing Mr . Smith at thislee aring on a court directive . Mr . Smith was not present at this public hearing . Mr . Abbott brought out the following points : Mr . Smith prefers to call this trailer a house because it sits on a cinder block , has no wheels , and is connected to utilities . The trailer is 46 located 1 mile from the Danby Road , 2 miles from the Jersey Hill Road , 1/ 5 mile from the nearest property on the same side of the road , and is in the middle of a 30 - acre plot of land . Mr . Abbott also stated that the zoning laws are set up to protect the Yealth , welfare and safety of the citizens of the Town of Ithaca . He asked the Board to grant the variance for Mr . Smith on this basis and the fact that the trailer has been on the property for several years . Zoning Officer a# ells pointed out to the members of the Board the specific trailer in question on a- sketch attached to the application submitted to the Board , and he also stated that the other buildings shown on the sketch are not in question at this public hearing . He also pointed out that Mr-. Smith had been in court before on th-is same charge and was directed to move the trailer . Mr . Smith complied by moving the trailer from the front of the premises to the rear of the premises , where it is now . The minimum dimension permitted for a dwelling is 600 feet . This trailer does not meet this minimum requirement . It also had not been decided at the trial held on September 14 , 1965 whether this trailer was a house or , in fact , a trailer . Mr . Sovocool pointed out that since the Judge did not find this trailer to be in actuality a house , there could be no finding of hardship due to the fact that this Board had no record of any such finding . Mr . Abbott claimed hardship because the trailer has been at this location for some time . Mr . Mark Beathan , an area resident , stated his views in saying that Mr . Smiths land is cluttered with shanties which are very disagreeable to passers - by and area residents . He stated , however , that if the Board did grant this variance , perhaps it would be incentive for Mr . Smith to clean up his land , especially the gravel quarry area . Zoning Officer Wells pointed out to the Board that this trailer is on the tax rolls assessed as a trailer . Upon motion by Mr . Scott , seconded by Mr . Sovocool and carried by unanimous vote , it was moved that the appeal for this variance be denied on the basis that there are no grounds for taking any other action . This hearing was adjourned at 8 : 00 P . M . upon motion by Mr . Scott , seconded by Mr . Robert Powers and carried . SENIOR CITIZENS MULTIPLE HOUSING - TRIUMIANSBURG ROAD - SECOND ASE • A Public Hearing - was called to order at 8 : 05 P . M . Chairman- Powers stated that this was a continuation of the hearings which have been held regarding the high- rise elderly housing 47 Zoning Board of Appeals Minutes - January 18 , 1966 Page 2 proposed for the Reulein property on the Trumansburg Road . The Board and the Zoning Officer have both been of the impression that the matter was to be formally withdrawn by the applicants . However , non- receipt of such formal with- , drawal and by the request of Mr . Reulein , applicant , the Board is holding this public hearing to render a decision on the matter . Mr . Scott suggested that this hearing be limited to hearing new information and not go over prior information already submitted to the Board . It was brought out that the appeal was in Mr . Reulein ' s name , signed by him as owner of the property , although there are other parties to the application . The preliminary plans for this proposed high -rise housing are on file . Postcards were gent to Mr . Reulein , Mr . Hines , Attorney , Mr . Wright , et al . The Journal also published a notice that a final decision would be forthcoming at the Public hearing tonight . Zoning Officer dells asked the people present concerned with this matter if they had anything to say for or against the high -rise apartments . Mr . Austin , Mr . Wright , P'Ir . Sanders and Mr . Davis stated that they are opposed to it . Mr . Burns stated thatle was in favor of the high -rise housing . In addition , Mr . ,dright raminded the Board that the Planning Board has on file in its records a petition which includes 60 names opposed to the proposal and also a letter from Dr . DeProsse opposing the proposal . Chairman Powers recessed the Board for 10 minutes during which time the Board retired and discussed the matter . The following resulted : FINDINGS OF FACT : 1 . This is a high -rise 20 - story building designed for housing elderly people . 2 . The entire plot is in an R15 Residential Zone . 3 . There is no provision of the Ordinance which allows multiple housing in excess of 2 stories above grade on the street side . 4 . There is no proof that the property cannot yield a reasonable return as residential property . 5 . The proposed use is not in keeping with the intent and spirit of the Ordinance . 48 Upon motion by Mr . Sovocool , seconded by Mr . Robert Powers and carried by unanimous vote , these findings of fact were adopted by the Zoning Board of Appeals and the application for a variance be denied . Upon motion by Mr . Scott , seconded by Mr . David Powers and carried , this public hearing was adjourned at 8 : 35 P . M . Respectfully submitted , Cheryl Beninati Secretary