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Home My WebLink AboutZBA Minutes 1973-04-18 t � � rlf ` , � w 2 -�ti�n,�,.� `°'� � �.� iii � �= � � �• i TOWN OF ITHACA BOARD OF ZONING APPEALS April 18 , 1973 A meeting of the Town of Ithaca Board of Zoning Appeals was held on Wednesday , April 18 , 1973 , at 7 : 30 p . m . in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York . PRESENT : Chairman David Powers , Laurene Ripley , Roger Sovocool , Jack Hewett , David Cowan ( Zoning Officer) , Reynolds Metz (Assistant Zoning Officer) , Nancy Fuller ( Secretary) . ABSENT : Loran Marion , ALSO PRESENT : Mr . Mark Haag and Mr . Philip White . PUBLIC HEARING : APPEAL OF MESSRS . HAAG AND WHITE . Chairman Powers called the Public Hearing to order at 7 : 40 p . m . Mr . David Cowan read the Notice of Public Hearing as published in the Ithaca Journal on April 14 , 16 and 17 , 1973 , said Notice being attached to and being a part of the Official Copy of the Minutes of this Public Hearing and filed in the Official Minute Book of the Board of Zoning Appeals in the Office of the Town Clerk of the Town of Ithaca . Mr . Cowan presented an Affidavit of Posting and Publication of this Public Hearing sworn to by the Town Clerk , Mr . Cowan read from the Zoning Ordinance of the Town of Ithaca , Article VI , Section 28 ( 5 ) , as follows : "Height : All structures shall conform in height with other structures in the vicinity ; provided however , that no structure shall exceed 2 stories on the road side . " Mr . Cowan stated that the plans being presented to the Board of Zoning Appeals at this meeting by Messrs . Haag and White have been through the Planning Board and the Town Board . The Planning Board has recommended to the Town Board that the 8 , 371 acres of land in process of being acquired by Messrs . Haag and White from one Arthur Prince be rezoned from R- 9 and R- 30 to Multiple Residence Zone , The Town Board is ready to approve such re - zoning and recognizes that the height of the proposed structures is contrary to the Zoning Ordinance . Therefore , the Town Board has referred the matter to the Board of Zoning Appeals in accordance with Section 77 of the Zoning Ordinance for their considera- tion . At the request of Mr . Roger Sovocool , Mr . Cowan described the history of this request for Special Approval . The plans of Messrs . Haag and White are for 30 units of apartment dwellings , one and three bedroom . Because of the topography of the land , the road side of said apartments is three stories and the rear is two . Should their land have been situated on the opposite side of the road , this question would not have arisen . The land is presently zoned R. 9 and R- 30 . At some time in the past this land had been zoned for Multiple Residence according to a Town of Ithaca Board of Zoning Appeals - 2- April 18 , 1973 plan for development of one Rolfe , but this rezoning never took place because Mr . Rolfe was unable to finance his project and plans were never submitted in a final form . Mr . Cowan noted that Article VI , Section 28 ( 5 ) applies to all areas in the Town , i . e . , a two story requirement on the road side . Mr . White described the land use in connection with the proposed construction of the 30 apartment units in two separate buildings . Mr . Haag described the topography of the land . They showed several sketches and sections showing the layout of the dwelling units . The proposed plans call for the first floor to contain one apartment unit and the second and third floors together comprise one apartment unit . Mr . White requested that the Board of Zoning Appeals grant Special Approval particularly since their development just happens to be on one side of the road and not on another . Chairman Powers wished to have it clear that the Town Board has approved this plan so that they would not be making further requests of the Board of Zoning Appeals should they grant such Special Approval . Mr . Cowan stated that both the Planning Board and the Town Board have recommended the re - zoning of the land for the development of this plan . Mrs . Ripley asked if all the neighbors had been given notice of this proposed development . Mr . Haag said that they had , an Affidavit of Mailing of Notice of Public Hearing held by the Planning Board having been presented by them to the Planning Board on March 8 , 1973 . No neighbors have appeared in opposition , Mr . Prince having appeared in support . There were no neighbors or citizens present at this Public Hearing in opposition to their request to the Board of Zoning Appeals . Mr . Powers stated that he felt that this was a fairly nice plan . The land was not crowded . Mr . Powers asked about the handling of water , driveways and parking . Mr . Haag stated that drainage plans , drives and parking plans will be submitted to the Planning Board for final site plan approval . Mr . Powers noted that at the present moment Messrs . Haag and White are not the legal owners of this land , though they are in process of acquiring it . He felt that this could present a problem . Mr . White stated that he and Mr . Haag have a purchase contract with Mr . Arthur Prince which will be finalized within the next week or so . Mr . Sovocool stated that he would feel differently about granting this request under these circumstances were the request for a variance and not a special approval . However , the site is tied to the plans presented to the Planning Board and the rezoning applies only to said site plan and Messrs . Haag and White . It was MOVED by Mr . Jack Hewett , THAT , upon the following findings of fact that : a . The health , safety morals and general welfare of the community Zn harmony with the general purpose of the zoning ordinance Town of Ithaca Board of Zoning Appeals - 3 - April 18 , 1973 . shall be promoted . b . The premises are reasonably adapted to the proposed use , and that such use will fill a neighborhood or community need . C . The proposed use and the location and design of any structure shall be consistent with the character of the district in which it is located . d . The proposed use shall not be detrimental to the general amenity or , neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants . e . The proposed access and egress for all structures and uses shall be safely designed . f . The general effect of the proposed upon the community as a whole , including such items as traffic load upon public streets and load upon water and sewerage systems is not detrimental to the health , safety and general welfare of the community . BE IT RESOLVED that the Board of Zoning Appeals of the Town of Ithaca grant and does hereby grant Special Approval to Messrs . Haag and White for the development of land at Five Mile Drive and Fidler Road in the Town of Ithaca , being the construction of 30 apartment units in two buildings , said buildings being three stories high on the road side , Am and further , BE IT RESOLVED that such Special Approval is granted subject to the transfer of title of landi. . presently owned by Arthur Prince to Mr . Mark Haag and Mr . Philip White . Seconded by Mr . Roger Sovocool . Chairman Powers called for a vote and all members present voted aye . The Motion was carried . The Public Hearing was closed at 8 : 15 p . m . by Chairman Powers . Respectfully submitted , ' Nancy M . Fuller , Secretary , David Powers , Chairman Board of Zoning Appeals AdML tA AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , N . Y . I � Edward L . Bergen being duly � g y sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York , that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper , ( The Ithaca Journal ) Notice of Public Hearing before Zoning Board . of Appeals of the Town of Itha.ca. , appeal of Mark Haag and Phillip White , ppel an s , Tor a bpectat It t ful UMIS 6ZI Mc b ± QTT Uf T Usidc: ilten , ' than permitted by Ordinance at 5 Mile Drive and Fidler Rd : Permit is denlea oy rne t * r i Ordinance , which specifies no structure shall exceed 2 stories on the road side , hearing to be held-on the lbth day o prl , , at : n . m . at Town Offices , 108 E Green St . , Ithaca , New York Location of sign board used for posting : Entrance to Town Offices at 108 E . Green Street (third floor ) , Ithaca , N . Y . Date of Postings April 11 , 1973 Date of Publication ; April 145 165 175 1973 te p - - - � - Edward Bergen Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this 18th day of April 19 . 73 . NOTARY RY E. BENSON No. 55 .5270900 Notary Public, State of New York Qualified in Tompkins County , / MY Commission Expires March 30, 19 77� _..�...�.....-�...—v.�--.r�rts......-r...-.+♦...mss+...��.. _.y..�.._...._....-.,mot. -� � �_.�a_.a♦...r.7( �1 t fink I Monday, April 16 , 1973 ITHACA JOURNAL 27 12 Mouses for Sale k 12 Houses•for Sole j TOWN OF ITHACA j NOTICE OF Public Hearing , 1 - i Zoning Board of Appeals I By direction of the Chairman of the Zoning = Board of Appeals notice is hereby givgn hhat a_ .j _ I public hearing will be held by the Zoning Board of t i Appeals under the Zoning Ordinance of the Town of Ithaca on the l8th day of April, 1973 at 7 :30 t- p. n. at Town Offices, 108 E-, Green St., Ithaca, on ! tb! following matters: F • Appeal of Mark Haag _ and Phillip White, g Appellants,'for a Special Permit for construction of residences higher than permitted by Ordinance _ at 5 Mile Drive and Fiddler Rd: Permit is denied E by the Zoning Officer under-Art. VI Sect. 28(5 ) of k', the Zoning Ordinance, which 'specifies no N structure shall exceed 2 stories on the road side. — Said' Board of Appeals will at said time and Sk place hear all persons in support of such matters it i or objections thereto: Persons may appear by C. agent or in person.' DAVID W. Cowan F! Zoning Officer ac Dated Apr: 11-, 1973 - bz. Apr. 14,. 16,.17, 1973_, . -�..._- �_. . _— __ '– 08' —! S c n