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HomeMy WebLinkAboutZBA Minutes 1975-01-30 TOWN OF ITHACA ZONING BOARD OF APPEALS JANUARY 30 , 1975 The Zoning Board of Appeals of the Town of Ithaca met on Thursday , January 30 , 1975 , at 5 : 00 P . M . in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York , PRESENT : Chairman Peter K . Francese , Laurene Ripley , Edward Austen , Edward W . King , Lawrence P . Fabbroni ( Building Inspector ) . • ABSENT : Jack Hewett , The Meeting was called to order by the Chair at 5 : 10 P . M . EXECUTIVE SESSION - SOYRING APPEAL RE - HEARING . The Chairman declared the Executive Session opened at 5 : 10 P . M . The Executive Session was closed at 5 : 20 P . M . SOYRING APPEAL RE - HEARING . At 5 : 20 P . M . the Chairman re -opened the re - hearing of the Soyring Appeal , Chairman Francese moved the adoption of the following Resolution , duly seconded by Mrs . Laurene Ripley : In the Matter of Application of Soyring for Area Variance : To Divide Existing Lot into Two Parcels , or in the Alternative , for Certificate of Compliance for the Entire Parcel as a Unit ( Town of Ithaca Tax Parcel No . 6 - 25 - 2 - 32 ) , BE IT RESOLVED , that the further Findings of Fact Nos . 23 through 33 , hereinafter set forth , be included as part of the record , and BE IT FURTHER RESOLVED , that these Findings of Fact be adopted by this Board . These Findings are made in addition to , and as augmenting the Findings of Fact made following the July 1974 Hearing on this Appli - cation , and are based upon Additional Testimony presented on the January 8 , 1975 , Re - Hearing , and upon a review of the Minutes of such Hearing and of Previous Hearings hereon , as well as other matters of public record and of our own personal knowledge . 23 . The reasonable market value of - the entire property as a unit , with its two buildings containing a total of five ( 5 ) dwelling units would seem to be somewhere in a range from $ 100 , 000 . 00 to $ 115 , 000 . 00 ; a price of $ 100 , 000 . 00 could be characterized as a ' fair ' price , and ® $ 110 , 000 . 00 a ' good ' price . 24 . The property could probably be brought into compliance without major structural . modifications , and with little , if any , reduction of the total living space in each building , since the violations entailed do not concern the size of the particular buildings but only their compartmentali - zation into one dwelling unit more in each building than the number Zoning Board of Appeals - 2 - January 30 , 1975 permitted under the permits and variances previously given for this property . Thus , the additional space occupied by the unpermitted dwelling unit in each building could still be incorporated into permitted dwelling units . 25 . The applicant presently receives $ 1 , 000 . 00 per month gross rental income from the five units here . In the opinion of the real estate broker testifying for her , the removal of two dwelling units to bring the property into compliance might result in a reduction of such monthly income by $ 300 . 00 ; and such a reduction of rental income could result in a reduction of the market value of the property by $ 12 , 000 . 00 to $ 15 , 000 . 00 per unit , viz . a possible total market value reduction of $ 24 , 000 . 00 to $ 30 , 000 . 00 if the property were brought into compliance by removal of two dwelling units . We are of the opinion that a reduction of the gross monthly income of that magnitude , if it occurred , could well reduce the price of this property to some purchasers by $ 15 , 000 . 00 to $ 20 , 000 . 00 but we are not convinced that the resulting expansion of the size of the remaining three permitted dwelling units would not produce sufficiently greater rentals therefrom to reduce the net loss of rent to substantially less than $ 300 . 00 per month . But we do assume some , loss of market value will occur if this property is brought into compliance by the removal of the two dwelling units . 26 . Augmenting our previous findings numbers 2 , 7 , and 8 , we note that Mr . Soyring died in November 1970 , at which time there were only four dwelling units on this lot , viz , one more than the number permitted under the variances given , that extra dwelling unit being the third apartment in the new building on the south end of the lot , designated No . 845 Taughannock Boulevard . The fifth dwelling unit ( viz . the second illegal unit ) was thereafter added to the cottage on the north part of the lot ( designated No . 847 Taughannock Boulevard ) by the applicant herself , without her even having applied for or obtained a building permit or variance for such change . 27 . The Applicant ' s husband , Mr . Soyring , having been our Town of Ithaca Building Inspector and Zoning Enforcement Officer for a number of years , we find it unlikely that the Applicant was not aware that some kind of Town Permit was required before such a change in her cottage building could be made . 28 . Augmenting our finding number 5 , there is about 1 - 1 / 2 miles of west shore lake frontage property in the Town of Ithaca where the subject property is located , and that is presently divided into about 75 parcels , according to Town of Ithaca tax maps . Thirty- four of those 75 parcels have lake frontage of 100 feet or more , and most of the others range from 50 feet to 85 feet of lake frontage ( although two of them have as little as 36 feet , and 3 of them have only 40 feet of frontage -- though with considerably more depth than the subject property ) . Most of these appear to be developed as single - family cottages or residences . But there has been considerable pressure and a trend toward intensive development of this property , coincident with the making of ,many of the cottages year round residences and adding income units . Town policy ' has been to restrain and limit such development in order to preserve the recreational character of the locality , and to preserve the character of Cayuga Lake . Zoning Board of Appeals - 3 - January 30 , 1975 29 . The five dwelling units on this lot give it the character of a Multiple Residence District property which , under our Zoning Ordinance , can be established only with the approval of the Town Board ( Zoning Ordinance Sections 25 et seq ) . 30 . The variance requested amounts , in effect , to a use variance in that it would result in this property being downgraded from . R- 15 residential down to a more intensive use than even R- 9 residential zones permit : it would , in effect , constitute this particular lot a Multiple Residence Zone , 31 . It is also noted that this application to the Zoning Board of Appeals was generated not from an interest in seeking compliance with the law before the fact , nor even for that purpose after the fact , but because a lending institution in considering the financing of Applicant ' s proposed sale of part , required presentation of a proper Certificate of Occupancy or Compliance from the Town . 32 . It is general knowledge that the lake shore has suffered a substantial increase in the amount of littering and degradation from increased intensive use in the past few years , and that it has been Town policy to attempt to preserve the uniqueness of this area and to preserve the lake itself , by limiting the dwelling population density along the shore . No multiple family developments have been permitted on the west shore to date , and no such permission is contem- plated . 33 . The Board is of the opinion that if this additional variance were now granted for this parcel , the grant might well jeopardize the Town ' s zoning and policing efforts in this entire area , inviting further intensive development . This would seem to be particularly likely in a case such as this where we would in effect be validating clear defiances of the ordinances after the fact - - extending an invitation to all to proceed with intensive development in the face of the regulations , upon the likelihood that ' a sympathetic Board of Appeals would subsequently wink at the transgression and validate it upon hearing a plea of personal hardship and possible loss of part of the capital investment ( assuming it had not been fully recovered in rents before the matter came to the attention of the zoning authorities ) . There being no further discussion , the Chair called for a vote . Aye - Francese , Ripley , Austen , King . -Nay - None . The Chair declared the Motion to be carried unanimously . MOTION by Chairman Peter K . Francese , seconded by Mr . Edward Austen : WHEREAS , it is the consensus of the Zoning Board of Appeals of the Town of Ithaca that if properties in the west shore of Lake Cayuga area of the Town are to be developed in such an intensive manner as this , a change Aft ought to be accomplished through amendment of the Ordinance and rezoning 1p of the area , rather than through the action of land owners in violation of the Ordinance being subsequently legitimatized through the grant of a variance by this Board , therefore BE IT RESOLVED' , that the application by Amy Suzanne Soyring for a Certificate of Compliance for Town of Ithaca Tax Parcel No . 6 - 25 - 2 - 32 is denied . Zoning Board of • Appeals - 4 - January 30 , 1975 A There being no further discussion , the Chair called for a vote . Aye - Francese , Ripley , Austen , King . Nay - None . The Chair declared the Motion to be carried unanimously . The Petitioner is . again advised that a Certificate of Compliance will be issued upon her removing one apartment from each of the buildings on the subject property . ADJOURNMENT . Upon Motion by Mr . Francese , seconded by Mr . King , and a unanimous vote , the Chairman declared the Meeting adjourned at 5 : 45 P . M . eter K . Francese , Chairman Zoning Board of Appeals Town of Ithaca Respectfully submitted , Nancy M . Fuller , Secretary . TOWN OF ITHACA ZONING BOARD OF APPEALS JANUARY 221 1975 The Zoning Board of Appeals of the Town of Ithaca met in Executive Session on Wednesday , January 22 , 1975 , at 7 : 30 P . M . in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York , PRESENT : Chairman Peter K . Francese , Jack Hewett , Edward W . King , - Laurene Ripley , Edward Austen , Lawrence P . Fabbroni ( Building Inspector ) . The Meeting was called to order by the Chair at 7 : 35 P . M . Upon Motion by Mr . Edward King , seconded by Mr . Edward Austen , it was RESOLVED , that . the Minutes of the meeting of the Zoning Board of Appeals of the Town of Ithaca held on January 8 , 1975 , be adopted as presented . Aye - King , Austen , Francese . Nay - None . Abstain - Ripley , Hewett , The Motion was declared to be carried . EXECUTIVE SESSION - SOYRING APPEAL RE- HEARING . .3 The Chairman declared the Executive Session opened at 7 : 40 p . m . The Executive Session was closed at 9 : 08 p . m . ADJOURNMENT . Upon Motion , the meeting was adjourned at 9 : 09 p'. m , sine die . eter K . Francese , Chairman Zoning Board of Appeals Town of Ithaca Respectfully sumbitted , _ Nancy M . Fuller , Secretary .