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HomeMy WebLinkAboutZBA Minutes 1972-03-15 Zti�`, -"r� - ; ,! � _? 1, 1 TOWN OF ITHACA ZONING BOARD OF APPEALS 1 March 15 , 1972 A meeting of the Town of Ithaca Zoning Board of Appeals was held on Wednesday , March 15 , 1972 , at 7 : 30 p . m . in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York . t PRESENT : Chairman David Powers , Loran Marion , Laurene Ripley , Jack Hewett , Roger Sovocool , and David Cowan ( Zoning Officer ) . PUBLIC HEARING - R . J . AND G . WRISLEY AND S . ROBT . GOWIN : A public hearing was held to hear the appeal of R . J . and G . Wrisley and S . Robert Gowin , Appelants , from the decision of the Zoning Officer denying permission for an Area Variance and a determination to permit a building permit for alterations , additions and repairs to a one- family dwelling at 156 Indian Creek Road , Ithaca . Permit is denied by the Zoning Officer under Art . V Sect . 23 of the Zoning Ordinance . AdEbL Mr . Cowan called the meeting to order at 7 : 35 p . m . and re-acquainted the Zoning Appeals Board members with the case . The house is located on an existing lot of 103 ' frontage in an R- 30 Zone which requires 150 ' frontage . The depth of the lot is 175 ' . The lot is of approximately 18 , 000 sq . ft . whereas 30 , 000 is required . The house existed prior to the Zoning Ordinance . A section of the rear of the . lot was sold off when , thw7Wri3sleys_jboughtz in. 1965 .r.�rThe present status / is that the Wrisleys had made arrangements to sell the house and lot to Prof . Gowin . Mr . Cowan read the petition from the Wrisleys and Prof . Gowin which is an application for a determination from the Zoning Board of Appeals that the Zoning Officer be granted permission to allow the alterations to the property . Prof . Gowin presented his ideas for improvement of the house , i . e . garage , deck , additional rooms . He presented three possible plans . Mr . Cowan pointed out that the variance is not for construction , it is to . 2- i Town of Ithaca Zoning Board of Appeals March 15 , 1972 continue the non- conforming use . Mr . Louis Thaler , attorney for the Appelants , explained the case for the Appelants . They were caught in the middle of two sales . The denial of the variance has caused the Wrisleys extreme hardship since they are now unable to sell the house and lot to Prof . Gowin . Mr . and Mrs . John Gould , the neighbours of Wrisleys were present . They . . were concerned with the septic tank system . If it should ever have to be relocated , will there be enough land left for construction of a new system ? They are particularly concerned with their own well . The Health Department has approved the present septic tank system . Mr . Thaler spoke to this question . 1 . The plans must be approved by the Zoning Officer . 2 . The septic tank system has to satisfy the Health Department . The members of the Zoning Board of Appeals discussed future plans with Prof . Gowin with Mr . and Mrs . Gould participating . Roger Sovocool wanted it made clear that this was to be a variance and the lot would not thereby become conforming and construed as a full- size lot . The . Board discussed limiting the maximum building to 60 ' by 60 ' . This was agreeable to the Board and to Prof . Gowin . The Zoning Ordinance requires the building to be no more than 20% of the existing lot . The Board recessed for discussion at 8 : 15 p . m . The public hearing was recalled to order at 8 : 25 p . m . Chairman Powers proposed a Motion , read by the Secretary , than MOVED : That the present lot , as a non- conforming use , be approved , and the building thereon may be extended upon the following conditions : 1 . That any building thereon not exceed twenty per cent ( 20% ) of the area of the present lot . 2 . That the applicant furnish to the Zoning Officer Health Depart- ment approval of any addition to the present use now on the lot . Town of Ithaca Zoning Board of Appeals March 15 , 1972 3 . That he comply with the Zoning Ordinance in all other respects . The motion was seconded by Mrs . Ripley , and passed unanimously . ADJOURNMENT : The meeting was adjourned at 8 : 40 p . m . Respectfully submitted , Nancy M . Fuller , Acting- Secretary . w� 4 T7 L, TOWN OF ITHACA ZONING BOARD OF APPEALS February 2 , 1972 An adjourned meeting of the Town of Ithaca Zoning Board of Appeals was held on Wednesday , February 2 , 1972 , in the Town of Ithaca Offices , 108 E . Green Street , Ithaca , New York . PRESENT : Chairman David Powers , Jack Hewett , Loran Marion , Roger Sovocool , Laurene Ripley , and David Cowan ( Zoning Officer ) . RANDALL HAUSNER APPEAL : A motion was made by Jack Hewett that the application of Mr . Randall Hausner for a variance be granted on the following grounds : ( 1 ) that the premises are reasonably adapted to the proposed use ; ( 2 ) that the area is served with water and sewer lines ; and ( 3 ) that the lot and design of the structure are consistent with the character of the whole district . The motion was seconded by Roger Sovocool , and unanimously approved . Roger Sovocool recommended that the Zoning Officer investi - gate and prosecute any violation of the zoning law arising out of any building on this lot without a permit . It was also recommended that the Zoning Board write a letter to the Town Board asking them to give full publicity to builders , real estate agents , and others that the zoning law will be enforced regarding building permits . The Zoning Ordinance states that no principle building shall be built without a building permit granted by the Zoning Officer . If a provision of the Ordinance is violated , person in violation is subject to a fine and / or enprisonment . Loran Marion moved that the Zoning Board adopt a resolution that it will no longer hold hearings for variances for any building that is already under construction without a building permit . The Board requests the Town Board to publish notice that the Zoning Board has made this resolution and send it to agenci� such as Tompco and also publish it under legal notices in t e newspaper . (W The motion was seconded b Jack Hewett , y Id unaji , sl a pproved . ADJOURNMENT : The meeting was adjourned a44 , 8 : 30 p . m . Respectfully submitted , Charlene Lawson , Acting Secretary T i TOWN OF ITHACA ZONING BOARD OF APPEALS ® January 11 , 1972 A meeting of the Town of Ithaca Zoning Board of Appeals was held on Tuesday , January 11 , 1972 , at 7 : 30 p . m . in the Town of Ithaca Offices , 108 E . Green Street , Ithaca , New York . PRESENT : Chairman David Powers , Loran Marion , Laurene Ripley , Jack Hewett , Roger Sovocool , and Ronald Metz ( Assistant Zoning Officer ) . PUBLIC HEARING - RANDALL HAUSNER : A public hearing was held to hear the appeal of Randall Hausner , Appellant , from the decision of the Zoning Officer denying permission for con - struction of a home at 149 Ridgecrest Road . The permit was denied by the Zoning Officer under Art . V . , Sec . 23 of the Zoning Ordinance . Mr . Metz read the appeal of Mr . Hausner requesting a public hearing stating that this denial would cause practical difficulty and an unnecessary hardship since construction has already begun . It was reported that Tompco was not aware that the lot did not comply with the zoning ordinance requirements . The property was sold to Mr . Hausner by his neighbor , Mr . Paul Tanner , 147 Ridgecrest Road . Mr . Tanner ' s lot does not meet the requirements of the Zoning Ordinance now either . Mrs . Betty Cochrane of Tompco Better Housing stated that HFA had urged Mr . Hausner to start construction before the deadline date of November 15 . The mortgage on the Hausner property has been closed . Construction is more than 50 % completed , and is expected to be fully completed by February 15 . It was reported that under the proposed new Zoning Ordinance , this property would comply since it does have sewer and water and has a total of 20 , 000 sq . ft . The Board recessed for discussion at 7 : 45 p . m . The public hearing was recalled to order at 8 : 15 p . m . Roger Sovocool made a motion that the matter be adjourned for two weeks so that the Board , through its Zoning Officer , can investigate the facts surrounding the building on the prop r ; prior to the issuance of a building permit . The motion was seconded by Jack Hewett , an unanim us y passed . Mr . Hausner was advised to consult with HFA co cerning whether to continue construction during this two /ek period . re ` - 2 - LaGrand Chase Development : Mr . Metz reported that La Grand Chase had requested a building permit for his develop - ment on 172 Ridgecrest Road . Mr . Cowan , Zoning Officer , had postponed issuing the building permit until consulting with the Board . According to the minutes of the April 15 meeting , the Board issued a variance to Mr . Chase with the specification that he must meet all side and front yard requirements for an R - 30 zone . Discussion was held , and it was pointed out that this was an error in the minutes . On page 2 of the April 15 minutes , specification number one ( 1 ) should have read R - 15 rather than R - 30 . The minutes were corrected to so read . 1 ADJOURNMENT : The meeting was adjourned at : 45 p .m . Respectfully submi Jr d , Charlene Lawson , cting Secretary ® -legal Notice TOWN OFITHACA Notice of Public Hearing Zoning Board of Appeals By direction of the Chairman of the Zoning Board of Appeals notice is hereby given that a public hearing will be held by the Zoning Board of A eals under the Zoning Ordinance of the Town of Ithaca on the 15th day of March, 1972 at 7:30 p.m. at Town Offices, 108 E. Green St., Ithaca on the" I 'ag matters: 4I i R.J. and G. Wrisley and S. Robl. Gowl.� 0pelants, from the decision of the , Zoning_Officer denying permission for an Area Varir `and a determination to permit a I built:. irmit for alternations, additions and reppair..-.;a t-family dwelling at 156 Indian Creek Rd., Ithaca. Permit is denied by the Zoning Officer undert Art. V Sect. 23 of the Zoning Ordinance. David W. Cowan -l Dated 3/072 Zoning Officer Mar. 11, 13 . 14, 1972 - —