HomeMy WebLinkAboutZBA Minutes 1967-05-23 81
TOWN OF ITHACA
ZONING BOARD OF APPEALS MINUTES
MAY 239 1967
A regular meeting of the Town of Ithaca Zoning Board of Appeals
was held on the 23rds day of May , 1967 at 7 : 30 P . M .. at the
Town Offices , 108 East Green Street , Ithaca , New York .
Members of the Board present : Chairman David Powers , Roger
Sovocool , Loran Marion , Robert Powers , Zoning Officer Andy
Soyring , and Secretary Cheryl S . Beninati .
Also present : Mrs . Hazel Long , Miss Pat Long , Michael Turback ,
Attorney Edward King , John Vasse , Mr . & Mrs . Edward J . Smith .
SMITH - 1019 HANSHAW ROAD - APPLICATION FOR VARIANCE
Zoning Officer Soyring read the legal ad as published in
the Ithaca Journal . This public hearing was called to order
at 7 : 30 P . M .
Mr . and Mrs . Smith appeared requesting a variance after being
denied permission to erect an addition to their present garage
due to lack of side yard requirement under Article IV , section
14 . Mr . Smith ' s garage presently meets the 10 foot requirement ,
but the addition would leave him only six feet . This side
yard is adjacent to the country club land , which certain portion
of the country club land is not maintained .
Findings of Fact :
1 . The proposed use will create no traffic hazard .
2 . The use is not detrimental to the health , welfare and
general amenity of the neighborhood .
3 . The proposed use is consitent with the spirit of the
Zoning Ordinance .
Upon motion by Mr . Marion , seconded by Mr . Robert Powers and
carried by unanimous vote , the above application was approved .
No persons appeared inopposition to the foregoing .
LONG - 1163 DANBY ROAD - APPLICATION FOR VARIANCE
Zoning Officer Soyring read the legal ad as published in the
Ithaca Journal . This public hearing was called to order at
8 : 00 P . M .
Mils . Long and her daughter , Miss Pat Long , had been denied
permission to erect a screened porch under Article IV , Section
14 of the Zoning Ordinance . This house is located on the
S2
Schickel Road in the Schickel Subdivision and is the only
house on this road . It is presently 25 feet from the right
of way to the house . This was originally an R-30 Zone , but
has since been changed to R-15 which requires 25 foot frontage .
Mrs . Long requested permission to erect an 8 X 20 screened in
patio with a concrete base . According to the restrictions in
her deed , Mr . Schickel has to approve any construction on the
premises , but no problem is anticipated in this respect .
Miss Long pointed out that the proposed use will serve as an
entryway into the house .
Findings of Fact :
1 . Due to the orientation of the house , snow tends t "o accumulate
at the front door , and it would be advantageous to the' owner
to be able to protect the front door from the elements .
2'. The right of way , being 60 feet , and the distance from
the proposed addition to the drainage ditch still being
25 feet , it is the feeling of the Board that strict adherence
to the letter of the ordinance would impose a wardship upon
the applicant .
Upon motion by Mr . Powers , seconded by Mr . Sovocool and carried
by unanimous vote , the above application for a variance was
approved .
No persons appeared in opposition to the foregoing .
THE GABLES - 919 ELMIRA ROAD - MICHAEL TURBACK - VARIANCE
APPLICATION
Zoning Officer Soyring read the legal ad as published in the
Ithaca Journal . This public hearing was called to order at
8 : 30 P . M .
Mr . Turback and his attorney , Edward King , appeared before
the Board requesting a variance to operate a restaurant in
violation of Sections 18 and 20 of the Zoning Ordinance .
The premises , referred to as The Gables , had' previously
been approved for a variance for Mr . ' Manos to operate a
restaurant . At that time , the ma A objections of the
neighbors had been the parking problem , the size of the sign
and the probability of roomers . However , Mr . Turback
stated that the parking represents no problem , the sign will
be lit by reflected light only and shall be in keeping with
the exterior of the house , and the upstairs will probably
be used as banquet rooms . Mr . Turback also stated thate
there will be no exterior changes , additions to or deletions
from the present structure . Mr . Turback presented a prospectus
report which explained the purpose of the restaurant in
detail , the sign detail , the floor plan , the bar detail , and
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Zoning Board of Appeals Minutes - May 23 , 1967 Page 2
the plot plan of the premises .
Mr . Turback pointed out that he is presently looking for an
antique bar which could be anywhere from 15 to 25 feet in
length , and proposes to use from 8 to 12 stools at such bar .
He also pointed out that the parking area will be an asset
to the area with old wooden rails , parking spaces at mg1les ,
and illuminated by gas lights reconverted to electricity .
Mr . Turback ' s prospectus report is made a part hereof and
incorporated in these minutes as if more fully set forth
herein .
The following motion was made by David Powerss
WHEREAS it has been shown that uniqueness and hardship
exist with respect to this subject property and that the
granting of the requested variance would not materially affect
or change the character of the 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 complete plan of development of the Town .
NOW , THEREFORE , BE IT RESOLVED that the requested variance
to the Zoning Regulations of the Town of Ithaca be granted ,
subject to the following conditions :
1 . That the proposal entitled " Turback ' s Old Gables
Inn " including the prospectus report with attached sketches ,
consisting of 9 pages , is made a part of the application .
2 . That the first and second floors may be used for
restaurant purposes .
3 . That the bar shall be limited to a maximum of 25
feet with stools provided , and shall be laid out substantially
as shown on Figure 5 of the prospectus report .
4 . That the setback of the parking lot shall be the same
as the house on the premises .
5 . That a continuous evergreenYedge or planting shall
be placed along the west side of the parking area , the
minimum height of which shall be four feet .
6 . That no automobiles be allowed to park along the
Elmira Road or within any of the entrances or driveways as
shown on Figure 5 of the prospectus report .
7 . The sign design and supporting structure as described
and shown orinFigure 2 is approved , which sign is not to
exceed 12 feet in height above the ground and 16 feet in width .
8 . The location of the sign shall be as shown in Figure
5 .
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9 . The permit and variance would be null and void in
the event that any of the above conditions were broken or
held to be invalid or the use of the land and buildings
would not conform to uses set forth in the application and
the diagrams attached thereto .
10 . .A copy of the Order of the Board granting the
variance be filed in the Miscellaneous Records of the
Tompkins County .Clerk ' s Office .
11 . This variance will be personally only and cannot
be transferred and said variance shall be null and void
upon any change of ownership .
The above motion was seconded by Mr . Marion and carried by
unanimous vote .
This meeting was adjourned at 9 : 45 P . M .
Respectfully submitted ,
Cheryl S . Beninati
Secretary