HomeMy WebLinkAboutZBA Minutes 1972-03-15 Zti�`, -"r� - ; ,! � _? 1, 1
TOWN OF ITHACA ZONING BOARD OF APPEALS
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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 .
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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
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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 .
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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
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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 .
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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 .
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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 - —