HomeMy WebLinkAboutZBA Minutes 1978-08-29 Tx `
TOWN OF ITHACA ZONING BOARD OF APPEALS
AUGUST 29 , 1978
® A Meeting of the Zoning Board of Appeals of the Town of Ithaca was
held on Tuesday , August 29 , 1978 , in Town Hall , 126 East Seneca Street
( second floor ) , Ithaca , N . Y . , at 7 : 30 p . m .
PRESENT : Vice - Chairman Jack Hewett , Joan Reuning , Edward King ,
Edward Austen , Robert Bonnell ( Assistant to the Engineer ) .
ALSO PRESENT : Attorney Charles Currey , Mrs . Amy Suzanne Soyring .
Vice - Chairman Hewett declared the meeting duly opened at 7 : 40 p . m .
APPEAL OF PETER J . AND SHARON BAKER , APPELLANTS , FROM THE DECISION OF
THE BUILDING INSPECTOR DENYING A CERTIFICATE OF COMPLIANCE FOR A SIDE
YARD DIMENSION LESS THAN REQUIRED AT 107 JOANNE DRIVE , TAX PARCEL NO .
6 - 57 - 1 - 8 . 23 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR
UNDER ARTICLE IV , SECTION 14 , OF THE ZONING ORDINANCE .
Vice - Chairman Hewett declared the Public Hearing in the above- noted
matter duly open . . at 7 : 40 p . m . Vice - Chairman Hewett read the Notice of
Public Hearing as stated above and presented for the record the Clerk ' s
Affidavit of Posting and Publication of said Notice in Town Hall and the
Ithaca Journal on August 22 , 1978 , and August 24 , 1978 , respectively ,
together with the Secretary ' s Affidavit of Service by Mail of said Notice
upon the various neighbors of subject premises and upon Peter J . and
Sharon Baker and Marjorie M . Devine as parties to the action . The Appeal
Form dated August 14 , 1978 , signed and completed by Attorney Laura H .
Holmberg as agent for the present owner of subject premises , Marjorie
Devine , together with attached Location Survey of No . 107 Joanne Drive ,
Eastern Heights Subdivision , Phase 1 , Section 1 , Block 12 , Lot 4 , Town
of Ithaca , N . Y . , dated August 18 , 1977 , signed Clarence Brashear , Jr . ,
Licensed Land Surveyor ,
The Appeal Form so presented states as follows :
" . . . . having purchased an existing house and lot for use as a single
family residence located in the Town of Ithaca at 107 Joanne Drive ,
Ithaca , New York , as shown on the accompanying survey and the said
premises having a garage located less than 10 feet from the side lot
line in violation of Section 14 , Yard Regulations , of the Town of Ithaca
Zoning Ordinance the UNDERSIGNED respectfully submits this appeal and ,
in support of the appeal , affirms that strict observance of the Ordinance
would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows :
it would be a practical difficulty to change the already existing structure
of the house to bring it into conformity with the zoning ordinance . The
expense would be very great to make such a change and the distance of the
violation is only 6 inches . Strict compliance with the ordinance would
cause an unnecessary hardship due to the fact that bank financing on
the sale of these premises may not be available unless the variance is
granted . Financing to the current owner was given- only on condition that
a variance was obtained or that the bank was held harmless from all
damage that might arise out of the failure to obtain a variance . There -
' fore the premises may become unsaleable and valueless if the variance is
not granted . "
Zoning Board of Appeals - 2 - August 29 , 1978
Attorney Charles T . Currey appeared before the Board as attorney for
Ms . Marjorie Devine , the present owner of the premises and lot known as
107 Joanne Drive , Ithaca , N . Y . , Town of Ithaca Tax Parcel No . 6 - 57 - 1 - 8 . 23 .
It was agreed by the Board members and by Mr . Currey that the appellant
was erroneously shown in the Notice of Public Hearing as being Peter J .
and Sharon Baker , the Bakers being the last previous owner having closed
on the sale of subject property to Ms . Devine on August 31 , 1977 , The
Tax Roll presently in the hands of the Building Inspector is current
through May 1 , 1977 ( for Tax Year 1978 ) and showed the owner as the
Bakers . The Board and Mr . Currey agreed that " de minimus non curat Lex "
and , therefore , the public hearing could proceed .
Mr . Currey stated on behalf of his client , Ms . Devine , that this is
a situation where apparently there is an attached garage , the rear corner
of which is 9 - 1 / 2 ' from the side lot line instead of the required 10 ' .
Mr . Currey stated that he would respectfully request the granting of
this appeal for variance on the basis of the heavy burden that would be
placed upon the owner if it were required that the entire structure be
moved over 6 " and also since the violation , though it is indeed a
violation , is minimum and the home with attached garage has been on the
property since approximately 1965 . Mr . Currey pointed out that the
Savings Bank attorney ruled that the mortgage would be granted only upon
the condition that there .'_ be a variance and further that the seller be
liable for any damages that may result from the failure to obtain such
variance .
Mr . King noted that it is only the northerly corner of this building
® that is within 9 - 1 / 2 ' of the northerly property line .
FINDINGS OF FACT :
1 . That no one has appeared before this Board nor written a letter
to this Board in opposition to the granting of the requested variance .
2 . That the matter seems to be a minor deviation from the
statutory requirements .
3 . That the health , safety and general welfare of the neighborhood
will not be damaged by the granting of a variance .
MOTION by Mr . Edward King , seconded by Mr . Jack Hewett :
RESOLVED , that on the basis of the above - noted Findings , the Zoning
Board of Appeals of the Town of Ithaca grant and hereby does grant a
variance from the requirements of the Town of Ithaca Zoning Ordinance to
Town of Ithaca Tax Parcel No . 6 - 57 - 1 - 8 . 23 , known as 107 Joanne Drive ,
to allow for a side yard dimension of nine and one - half feet ( 9 - 1 / 2 ' )
at the northerly corner of an attached garage , rather than ten feet ( 101 )
as required by said Ordinance .
There being no further discussion , the Chair called for a vote .
Aye - Hewett , Reuning , King , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Vice - Chairman Hewett declared the Public Hearing in the above - noted
matter duly closed at 7 : 50 p . m .
" Zoning Board of Appeals - 3 - August 29 , 1978
APPEAL OF AMY SUZANNE SOYRING , APPELLANT , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING A CERTIFICATE OF COMPLIANCE FOR A TWO- LOT
SUBDIVISION CREATING A LOT WITH LESS DEPTH THAN REQUIRED AT 433 BOSTWICK
ROAD , TAX PARCEL NO , 6 - 32 - 2 - 3 . 1 , ITHACA , N . Y . PERMISSION IS DENIED BY
THE BUILDING , INSPECTOR UNDER ARTICLE XIII , SECTION 67 , AND ARTICLE V ,
SECTION 23 , OF THE ZONING ORDINANCE .
Vice - Chairman Hewett declared the Public Hearing in the above - noted
matter duly open at 7 : 55 p . m . Mr . Hewett read the Notice of Public
Hearing as stated above and presented for the record the Clerk ' s
Affidavit of Posting and Publication of said Notice in Town Hall and the
Ithaca Journal on August 22 , 1978 , and August 24 , 1978 , respectively ,
together with the Secretary ' s Affidavit of Service by Mail of said Notice
upon the various neighbors of subject premises and upon Amy Suzanne Soyring
as party to the action . The Appeal Form dated August 22 , 1978 , completed
and signed by Laura H . Holmberg , Attorney for Mrs . Soyring , was presented
to the Board together with attached statement and Maps " A " and " B " of
subject property .
The statement attached to said Appeal Form reads as follows :
" Ms . Suzanne Soyring , the owner of a 4 . 9 acre tract in the Town of
Ithaca at 433 Bostwick Road , tax parcel number 32 - 2 - 3 . 1 , wishes to divide
her parcel into two lots and sell the main house , barn , tennis court and
most of the acreage in one parcel and retain the tenant house and some -
what less than an acre as a second parcel for income property and po -
tential sale at a later date . The location of the buildings and lot
lines appear on the attached map " A " .
This area is zoned R30 . The zoning regulations ( Town of Ithaca
Zoning Ordinance Section 23 ) call for a minimum lot size of 30 , 000 square
feet , lots to have a minimum width of 150 feet and a minimum depth of
200 feet .
The lot which Ms . Soyring intends to keep with the tenant house is
200 feet wide and 179 feet deep . It has an area of 35 , 000 square feet
( see attached map " B " of proposed small parcel ) .
Strict observance of the zoning ordinance would impose practical
difficulties and unnecessary hardship on the property owner in that a lot
depth of 200 feet as required by the ordinance would cut off the end of
the tennis court from the larger parcel . There is also a row of trees
to the south of the small parcel , which is to be included in the large
parcel , at the buyers ' request .
The smaller lot contains well over the minimum square footage for
a lot in this zone . The only non - conforming feature is that the lot is
wider than it is deep , instead of the other way around as specified in
the zoning ordinance . I would submit that a variance for this lot would
in no way alter the character of the neighborhood and would be consis -
tent with the general zoning plan for the area .
® I respectfully request that a variance be granted Ms . Soyring ,
permitting her to occupy the smaller lot , so that in the event of its
sale , the property would be in compliance with the Zoning Ordinance of
the Town of Ithaca . "
Mrs . Soyring appeared before the Board and stated that she is seeking
a variance to allow her to subdivide her 4 . 93 + acre parcel into two
• Zoning Board of Appeals - 4 - August 29 , 1978
parcels , one containing approximately 4 acres and the other somewhat
less than 1 acre , The larger parcel that would result from such subdivi -
sion more than meets the frontage and depth requirements of the Town
Zoning Ordinance , The smaller parcel would have a frontage of 200 ' and
a depth of approximately 194 - 1 / 21 , according to Map " B " - - not a depth
of 179 ' as stated in the statement prepared by Attorney Holmberg and
attached to the Appeal Form ,
Mrs . Soyring also presented at this time two Purchase Offers _ - a
Purchase Offer , signed _. by :' Alice Garvey , for the somewhat less than one
acre parcel and a Purchase Offer , signed by Richard Goldman , for the
larger parcel .
Mrs . Soyring also pointed out for the Board ' s information that the
spruce trees form a natural boundary and there is a row of cherry trees
at the back lot line of the smaller parcel .
FINDINGS OF FACT :
1 . That the matter before the Town of Ithaca Zoning Board of
Appeals concerns a 4 , 93 acre parcel located in an R30 zone .
2 . That the proposal before said Board is to split out an approxi -
mately 38 , 000 square foot parcel from the northwest corner of the acreage ,
such smaller proposed parcel containing the tenant house .
3 . That the side lines of the parcel proposed to be split out are
apparently about 194 - 1 / 2 ' deep from the south line of the Bostwick Road
® and the frontage is 2001 , in violation of Section 23 of the Town of
Ithaca Zoning Ordinance regarding side lines , said section requiring a
minimum depth of 2001 , thus making the side lines approximately 5 - 1 / 2 '
short .
4 . That the proposal also violates Section 67 of the Ordinance in
that this would be a reduction of lot area in that it is being taken
from a larger plot , thus making the resulting smaller parcel non -
conforming , However , the only violation is in the depth of the resulting
smaller parcel in that it would lack 5 - 1 / 2 ' .
5 . That if the lot depth of the parcel proposed to be split out were
to be increased to 200 ' the south property line of such parcel would cut
through the northerly end of the tennis court on the remaining acreage .
6 . That the proposed change would not alter the character of the
neighborhood in any way .
7 . That this Board does not find that the proposed change would
impinge on the rights of any neighbor .
8 . That no one appeared before this Board in opposition to this
proposal . at this Hearing .
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
grant and hereby does grant an area variance for Town of Ithaca Tax
Parcel No . 6 - 32 - 2 - 3 . 1 , known as 433 Bostwick Road , Amy Suzanne Soyring
present owner , permitting a proposed northwest corner parcel having a
.frontage of approximately 200 ' on Bostwick Road and having a depth of
• Zoning Board of Appeals - 5 - August 29 , 1978
approximately 194 - 1 / 2 ' and being somewhat less than one acre but
containing over 30 , 000 square feet , to be sold separately as one
residential lot .
There being no further discussion , the Chair called for a vote .
Aye - Hewett , Reuning , King , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Vice - Chairman Hewett declared the Public Hearing in the above -
noted matter duly closed at 8 : 19 p . m .
DISCUSSION OF ERROR IN PUBLICATION OF OFFICIAL NOTICE OF PUBLIC HEARINGS
OF MATTERS SCHEDULED TO BE BEFORE THIS BOARD THIS DATE .
It was - . noted by the Board that the three remaining Public Hearings - -
Mann , McFall and Soyring ( 847 Taughannock Blvd . ) - - could not be held
at the times scheduled since the Public Notice in the newspaper omitted
them .
It was decided by the Board that the matters shall be rescheduled.
for September 7 , 1978 , and the Secretary shall cause the Notice of such
meeting to be republished in the Ithaca Journal at the appropriate date .
ADJOURNMENT
Upon Motion , the meeting . of the Zoning Board of Appeals of the Town
of Ithaca of August 29 , 1978 , was duly adjourned at 8 : 35 p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
r ,
alk D . Hewett , Vice - Chairman
o ing Board of Appeals
AFFIDAVIT OF POSTING
TOWN CLERK ' S OFFICE
® ITHACA, No Y.
is Edward L . Bergen � . being duly
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 / published in the local newspaper ; ( Ithaca Journal )
in error .
Notice of Public Hearings of the Town of Ithaca Zoning Board of Appeals
to be held on Tuesday , August 2. 9 , 1978 , in Town Hall ( second floor ) , 126
East Seneca Street , . Ithaca , NY , commencing . at 7 : 30 p . m . as per attached .
Location of sign board used for posting : Front . Entrance to Town Hall .
Date of Posting : August 22 , 1978
r
Date of Publication ; August 24 , 1978
ward L : ' Bergen
Town Clerk
Town of Ithaca
State of New York
County of Tompkins SS .
Town of Ithaca
Sworn to before me this 29th day of August . , 19 78
.�v�•-- . NOTARY
GERTRUDE H. BgR9
4
NotarY Public, State of New York
No. 55-5278725
Qualified in Tompkins, Co
® Qerm Expires March 30. 19
22 ITHACA JOUR \ AL . Thu.rsday, Aug. 24, 1978.
4 Deadlin for'"r j
Clas d Display : - Legal Notice:
ADVERTISERS
and egal -Advertising. -
NOTICE TO BIDD ARE URGED
For dverfising to appear in The ' Board of s es of
the theca Journal, all copy. Tompkins Co nd Community TO READ THEIR AD
must a in by deadlines listed ! College, Co ies of Tompkins and
Cortland n accordance with Sec" THE FIRST DAY OF
MOND_ A dune : Tion 103Article 5A oflheGeneral
TH AY, 4 P.M. Munic( al Law ) hereby invitesihePUBLICATION ... AS
submis on of sealed bids on :
TUESDAY deadlin SNOW R OVAL.
F,RIDA , 4 P.M. - gids will ece'ved unit' 10 : 30 THE ITHACA JOURNAL
a. m. on the 61h of September,
''WEDNESDAYdea line : 1978 at theBoardo fees Meet"
NOD ONDAY . Ing Room ( 541 ) at Tom ms Cor" IS RESPONSIBLE FOR
fiend Community Co ge in
. THURSDAY d dline : Dryden, New York, at whl time ONE DAY MAKE .GOOD
N N TUESDAY . and place all bids will be pu licly
opened. Specifications an bid ONLY ,
.FRIDAY adline : farms may be obtained fro the
ON WEDNESDAY Office of the Purchasing A ent at
Tompkins Cortland Co unity
S,ATLI DAY dead+ ine : College in Dryden, New rk . The
THURSDAY, 10 A .M. Board ofTrusteeshereb reserves i
the right to reject any r all bids. ' legal Olofiees'
SE SOLID : ( ads without H ang Behar
bor ers or loos ) - 2 p. m, for President
nex day publication , Tompkins Cortla d Community
e -
(,SPE L SECTIONS 8 Dryd , New YorkkCollege -
(,S
130513053 TOWN OF ITHACA ZONING
HOLIDA ychangedead- BOARD OF APPEALS— NOTICE
lines. Please our office NOTIC TO BIDDERS - OF PUBLIC HEARINGS, TOES"
f•or further in mation , The Boa of Trustees of DAY, AUGUST 29, 1978
j72"9300 . OPEN :, Mon ay- Fri- Tompkins ortland Community
By direction of the Chairman of
day, 8 a. m.-S p. m. ) College, Co ties of Tompkins and the Zoning Board of Appeals, NO-
Cortland ( in ccordance with Sec• TICE IS HEREBY GIVEN that
tion 103 of Ar le 5A of the General ' Public Hearings will be held by the .
do
Municipal La hereby invites the Zoning Board of Appeals under
7 Legalq
VI
submission of aled bids on : Zoning Ordinance of the Town of
COMPUTER SO WARE SYS- Ithaca, on Tuesday, August 29,
NOTICED SALE OF ' TEMMAINTENAN ANDSUP. 1978, In the Town Hall, 126 Eaet
REAL P P
OERTY PORT. Seneca Street ( second floor ),
TAKE NO E that a parcel I Bids will be received ntil 11 :00 Ithaca, N . Y. atthePollowingtimes
real estate nd a four bedroom a . m. on the 6th day of S ptember, and on the following matters :
single fa ly house located at 213 1978, at the Board o Trustees 7 ;30 P,M. Appeal of Peter J . and
S . Plat Street, being a frame Meeting Room at -To pkins Cor- Sharon Baker, Appelants;'fromtheI
house n a rectangular parcel a tland Community ollege in decision of the Building Inspector ;
land proximately57' by arc will Dryden, New York, t which time denying a - certificate of com-
be- of eyed for, sale 7' by 1sed bid and place all bids ill be publicly pllance for a side yard dimension
bundee, o the direction of the City opened. , Specifi tions and bid less than required at 107 Joanne
Clerk t 10 : 00 a . m. on Friday, forms may be tained from the Drive, Tax Parcel No. 6"57.1 -8.23,
Septe r 8, 1978 at 108 E . Green Office of the P rchasing Agent at Ithaca, N. Y. Permission is denied
Street, I ca, New York . The Tompkins rtland Community by the Building Inspector under
property is Ily described in the College in D yden, New York. The Article IV, Section 14, of the Zoning
Tompkins Co ty Assessor's Of" Board of T stees hereby reserves Ordinance.
Tice as the folio ing deed : Liber the right reject any or all bids. 7 ; q0 P.M. Appeal of Amy Suzanne
459 Page 860 Th interior of the shang Bahar, President Soyring, Appelant, from the de"
J douse can be see by contacting Tompki Cortland Community, cision of the Building Inspector
College denying a certificate of com-
Ithaca Neighborho dHousing Ser- Dryden, N .Y. 13053 pliance for atwo-lot subdivision
i vices, 520 W. Gree Street, Ithaca,York. ( 2770) . August 2 23, 24, 1978 creating a Loi with less dih than
Ne'd .4 required at 433 Bostwick Road,
Terms of Sale : ale of this prop- Tax Parcel No. 6.32.2-3. 1, for lot
erty shall be co ingent upon the size and number 6. 2 2 3- In units
property bei ng ner-occupied for NOTICE IS EREBY GIVEN size
8a number
Blvd., Tax
am inimum of years. The right to that Beer Licen Number 80095 parcel No. 6.25.2.32, Ithaca, N . Y.
reject any pr II bids is reserved. has been issued to a undersigned Permission is denied by the Build-
The success I bidder shall be re- to sell beer under he Alcoholic Ing Inspector under Article XIII, ,
quired tom ke a deposit of $500 at Beverage Control L at 315 Eddy Section 67; A rticle I V, Sections 11 1
at the ti of the bidding. The Street, Ithaca, To kins County, and 16; and Article VI .
balance t ereof shall be paid at - New York for on emises con-
time of livery of a quit claim sumpt( ion. ' Said Board of Appeals will at
f deed to property which will be - Peter P chryssanthou said times and said place hear all
J prepared. y the attorney for the 600 Warren oad, Apt: h42D pereons in support of such matters
city. The ' document outlining Ithaca New York 14850 or objections thereto. Persons may
salerequire nts will beavailable appear by agent or in person.
. . _ in.the .City .Cle 's. office.- _ ._ ' __ __ _ ,_'_Gus Kokoris Lawrence P. Fabbroni ,
By direction of a Common Coun• 600 Warre Road, Apt, #428 Bvitding Inspector — -- .
cil . Ithaca, N. Y. 14850 Town of Ithaca '
g Edward J . Conley, Mayor August 17, 24, 1978
8/ 19August 2d, 1978
® -- , 8/24 9/2 1978 _
TOWN OF ITHACA
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
TUESDAY , AUGUST 29 , 1978
By direction of the Chairman of the Zoning Board of APPea1s , - NOTICE IS IS
HEREBY. GIVEN that Public Hearings will be held by the Zoning Board of App
eals
under the Zoning Ordinance of the Town of Ithaca , on Tuesday , August 29 ,
1978 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . ,
at the following times and on the following matters :
7 : 30 P . M . Appeal of Peter J . and Sharon Baker , Appellants , from the
decision of the Building Inspector denying a certificate of
compliance for a side yard dimension less than required at 107
Joanne Drive , Tax Parcel No . 6 - 57 - 1 - 8 . 23 , Ithaca , N . Y . Permis -
Sion is denied by the Building Inspector under Article IV ,
Section 142 of the Zoning Ordinance .
7 : 40 P . M . Appeal of Amy Suzanne Soyring ; Appellant , from the decision of
the Building Inspector denying a certificate of compliance for a
two - lot subdivision creating a lot with less depth than required
at 433 Bostwick Road , Tax Parcel No . 6 - 32 - 2 - 3 . 1 , Ithaca , N . Y .
_ Permission is denied by the Building . Inspector under Article
XIII , Section 67 , and Article V , Section 23 , of the Zoning
Ordinance ,
8 : 00 P . M . Appeal of Carl and Lillian Mann , Appellants , from the decision of
the Building Inspector denying a permit to convert existing space
toga third dwelling unit at 103 Happy Lane , Tax Parcel No . 6 - 22 -
2 - 5 . 1 , Ithaca , N . Y . Permission is denied by the Building Inspec -
tor under Article V . Section 18 , of the Zoning Ordinance .
8 : 30 P . M . Appeal of Robert F . and Olympia McFall , Appellants , from the
decision of the Building Inspector denying building use by more
than three unrelated boarders , roomers , lodgers , or other
occupants in a two - family dwelling at 235 Coddington Road , Tax
Parcel No . 6 - 54 - 7 - 44 , Ithaca , N . Y . Permission is denied by the
Building Inspector under Article III , Section 4 , par . 2a , and
extension of Special Permit is requested under Article III ,
Section 4 , par . 2c , of the Zoning Ordinance .
9 : 00 P . M . Appeal of Amy Suzanne Soyring , Appellant , from the decision of
the Building Inspector denying certificate of compliance for
lot size and number of dwelling units at 847 Taughannock Blvd . ,
Tax Parcel No . 6 - 25 - 2 - 320 Ithaca , N . Y . Permission is denied by
the Building Inspector under Article XIII , Section 67 ; Article
IV , Sections 11 and 16 ; and . Article VI .
Said Board of Appeals will at said times and said place hear all per -
sons in support of such matters . or objections thereto . Persons may appear
by agent or in person .
Lawrence P . Fabbroni -
Building Inspector
Town of Ithaca
Dated : August 229 1978
Publish : August 249 1978
AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK ) SS :
COUNTY OF TOMPKINS )
Nancy M . Fuller , being duly sworn , deposes and says , that
deponent is not a party to the actions , is over 21 years of age
and resides at 316 Turner Place , Ithaca , NY .
That on the 23rd day of August , 1978 , deponent served the
within Notice upon :
Robert & Olympia McFall Robert J . & Stephen T . Cummings
Box 50 , R . D . 1 111 Joanne Drive
Spencer , NY 14883 Ithaca , NY 14850
Mrs . Toni Tonzetich Stanley T . & Patricia A . Marcus
4655 W . 16th Avenue 105 Joanne Drive
Vancouver , B . C . , Canada Ithaca , NY 14850
Johann W . & Anna Gebauer Gordon D . & Phyllis L . York
117 Ridgecrest Road 103 Joanne Drive
Ithaca , NY 14850 Ithaca , NY 14850
Lawrence & Pauline Sharp John & Marilyn A . VanDuren
264 Coddington Road 364 Main Street
Ithaca , NY 14850 Newfield , NY 14867
Robert & Florence Gray Lawrence J . & Cynthia Mansue
260 Coddington Road 101 Eastern Heights Drive
Ithaca , NY 14850 Ithaca , NY 14850
Richard & Phyllis Sullivan Richard A . & Anne Stillwagon
242 Coddington Road 108 Joanne Drive
Ithaca , NY 14850 Ithaca , NY 14850
Emil Policay , Director Nelson H . Eddy
Buildings and Grounds 430 Bostwick Road
Ithaca College Ithaca , NY 14850
Ithaca , NY 14850
Claire & Warren Paley
Amy Suzanne Soyring Harbour Village
847 Taughannock Blvd , 328 Short Beach Road
Ithaca , NY 14850 Bradford , Connecticut 06405
Saino Zazzara Richard A . & Donna M . Carman
853 Taughannock Blvd . 409 Campbell Avenue
Ithaca , NY 14850 Ithaca , NY 14850
Thomas M . Reese Carl & Lillian Mann
841 Taughannock Blvd , 103 Happy Lane
Ithaca , NY 14850 Ithaca , NY 14850
Thomas J . Zabadol Wayne & Seka Pollard
871 Taughannock Blvd , 156 Indian Creek Road
Ithaca , NY 14850 Ithaca , NY 14850
Peter J . & Sharon Baker Rumsey - Ithaca Corp .
6 Etna Road , Box 421 P . O . Box 68
Etna , NY 13062 Ithaca , NY 14850
Marjorie M . Devine John & Nancy Gould
107 Joanne Drive 158 Indian Creek Road
Ithaca , NY 14850 Ithaca , NY 14850
John Marion Tompkins County Hospital
1502 Slaterville Road 1285 Trumansburg Road
Ithaca , NY 14850 Ithaca , NY 14850
Gerald & Barbara Stasavage
109 Joanne Drive
Ithaca , NY 14850
4 - 2 -
® By depositing same enclosed in a postpaid addressed wrapper ,
in a post office under the exclusive care and custody of the
United States , Post Office Department within the State of New
York .
Na cy M . ller
Sworn to before me this
24th day of August , 1978 .
Notary Public
® GERTRUDE li BERGEN
Notary public. State of New York
�Q'ualiced i� Simpkins
rm Ea n �Om , oun
Pirea March 30, 19�
TOWN OF ITHACA
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
TUESDAY , AUGUST 29 , 1978
By direction of the Chairman of the Zoning Board of Appeals , NOTICE IS
HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals
under the Zoning Ordinance of the Town of Ithaca , on Tuesday , August 29 ,
1978 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . ,
at the following times and on the following matters :
7 : 30 P . M . Appeal of Peter J . and Sharon Baker , Appellants , from the
decision of the Building Inspector denying a certificate of
compliance for a side yard dimension less than required at 107
Joanne Drive , Tax Parcel No . 6 - 57 - 1 - 8 . 23 , Ithaca , N . Y . Permis -
sion is denied by the Building Inspector under Article IV ,
Section 14 , of the Zoning Ordinance .
7 : 40 P . M . Appeal of Amy Suzanne Soyring , Appellant , from the decision of
the Building Inspector denying a certificate of compliance for a
two - lot subdivision creating a lot with less depth than required
at 433 Bostwick Road , Tax Parcel No . 6 - 32 - 2 - 3 . 11 Ithaca , N . Y .
Permission is denied by the Building Inspector under Article
XIII , Section 67 , and Article V , Section 23 , of the Zoning
Ordinance ,
8 : 00 P . M . Appeal of Carl and Lillian Mann , Appellants , from the decision of
the Building Inspector denying a permit to convert existing space
to a third dwelling unit at 103 Happy Lane , Tax Parcel No . 6 - 22 -
2 - 5 . 1 , Ithaca , N . Y . Permission is denied by the Building Inspec -
for under Article V . Section 18 , of the Zoning Ordinance .
8 : 30 P . M . Appeal of Robert F . and Olympia McFall , Appellants , from the
decision of the Building Inspector denying building use by more
than three unrelated boarders , roomers , lodgers , or other
occupants in a two - family dwelling at 235 Coddington Road , Tax
Parcel No . 6 - 54 - 7 - 44 , Ithaca , N . Y . Permission is denied by the
Building Inspector under Article III , Section 4 , par . 2a , and
extension of Special Permit is requested under Article III ,
Section 4 , par . 2c , of the Zoning Ordinance .
9 : 00 P . M . Appeal of Amy Suzanne Soyring , Appellant , from the decision of
the Building Inspector denying certificate of compliance for
lot size and number of dwelling units at 847 Taughannock Blvd . ,
Tax Parcel No . 6 - 25 - 2 - 32 , Ithaca , N . Y . Permission is denied by
the Building Inspector under Article XIII , Section 67 ; Article
_ IV , Sections 11 and 16 ; and Article VI .
Said Board of Appeals will at said times and said place hear all per -
sons in support of such matters or objections thereto . Persons may appear
by agent or in person .
Lawrence P . Fabbroni
Building Inspector
Town of Ithaca
Dated : August 22 , 1978
Publish : August 24 , 1978
_ TOWN OF ITHACA .
NEW YORK
A P P E A L
to the
Building Commissioner
and the Board of Zoning Appeals
of the Town of Ithaca , New York
Having 0innto Purchased an existing house and lot
for use as a single family residence located in the Town of Ithaca
at 107 Joanne Drive 7 - 1 - 6, ,? 3 Ithaca , New York
v th aid Premises hav ing
as shown on the accompany
ingiX
a garage located less than 10 eet from the side lot line
dXx4Ubhx"3M4tx SXM in violation of
Section ( s ) Section 14 . Yard Regulations
of the Town of Ithaca Zoning Ordinance
rr
the UNDERSIGNED respectfully submits this appeal DOOMX40M
® 89MINI and , in support of the appeal , affirms that strict
observance of the Ordinance would. impose PRACTICAL DIFFICULTIES
and/or UNNECESSARY HARDSHIP as follows :
it would be a practical difficulty to change the already existing
structure of the house to bring it into conformity with the zoning
or mance . Tne expense wouid be very great o make such a c ange
a thn Aistanre- Of fhgn Izinlation is only 6 inches $ t *' i Cf- Cnmpl i ance
with the ordinance would cause an unnecessary hardship due to the
fact that bank financing on the sale of these premises may not be
Signed
Dated : Ithaca , New York 197
* available unless the variance is granted . Financing to the current
owner was giqt •en only on condition that a variance was obtained or
that the bank was held harmless from all damage that might arise
out of the failure to obtain a variance . Therefore the premises
may become unsaleable and valueless if the variance is not granted .
,I sae '�cr r o �/�F fctt oW IN6 Z".v S � M1tivrJ :
To N� rvJe.rr i�*��r �,�✓s.�.e e ® . errs re* 9 Aw a� dsy
ro oV4rW1*,Ck ? r.Oro eeEcrea6 GAS c0 . oreos 4s• m see
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TOWN OF ITHACA • .
NEW YORK
A P P E A L
to - the -
Building Commissioner -
and the Board of Zoning Appeals
of the Town of Ithaca , New York
is ion to divide the property at _ _
Having been denied perm
433 Bostwick Road , tax parcel No . 32 - 2 - 3 . 1
Ithaca , New York
at
as shown on the accompanying - Application and/or plans or other
supporting documents , for the stated reason that the issuance
of such permit would be in violation of
Section ( s ) 67 -
of the Town of Ithaca Zoning Ordinance
the UNDERSIGNED respectfully submits this appeal from such
1 .denial and , in support of the . appeal , affirms that strict
observance of the Ordinance would impose PRACTICAL - DIFFICULTIES .
and/or UNNECESSARY HARDSHIP as follows :
See attached statement
Signed
LAURA H . HOLMBERG , attornel for
Suzanne Soyrin
Dated : Ithaca , N . Y . August 22 , 197 8
Ms . Suzanne Soyring , the owner of a 4 . 9 acre tract in the
Town of Ithaca at 433 Bostwick Road , tax parcel number 32 - 2 - 3 . 1 ,
wishes to divide her parcel into two lots and sell the . main
house , barn , tennis court and most of the acreage in one parcel
and retain the tenant house and somewhat less than an acre as
a second parcel for income property and potential sale at a
later date . The location of the buildings and lot lines appear
on the attached map " A " .
This area is zoned R30 . The zoning regulations ( Town of
Ithaca Zoning Ordinance Section 23 ) call for a minimum lot size
of 30 , 000 square feet , lots to have a minimum width of 150 feet
and a minimum depth of 200 feet .
The lot which Ms . Soyring intends to keep with the tenant
house is 200 , feet wide and 179 feet deep . It has an area of
35- ;000 square -- feet ( see attached map " B " of proposed small
parcel ) .
Strict observance of the zoning ordinance would impose
practical difficulties and unnecessary hardship on the property
owner in that a lot depth of 200 feet as required by the ordinance
would cut off the end of the tennis court from the larger parcel .
There is also a row of trees to the south of the small parcel ,
which is to be included in the large parcel , at the buyers '
request .
The smaller lot contains well over the minimum square
footage for a lot in this zone . The only non - conforming feature
1 .
is that the lot is wider than it is deep , instead of the
other way around as specified in the zoning ordinance . I
would sub
mit that a variance for this lot would in no way
alter the character of the neighborhood and would be consis -
tent with the general zoning plan for the area .
I respectfully request that a variance be granted Ms .
Soyring , permitting her to occupy the smaller lot , so that
in the event of its sale , the property would be in compliance
with the Zoning Ordinance of the Town of Ithaca .
Respectfully submitted ,
qP 114U00
/a
G
LAURA H . HOLMBERG
Attorney for Suzanne Soyring
2
AT a Public Hearing of the Board of
• , Zoning Appeals of the Town of
D Ithaca , County of Tompkins , State
Of New York , held in the Town
Office , 126 East Seneca Street ,
in the City of Ithaca , on
CA • August 29 , 1978 .
PRESENT :
Jack D . Hewett , Vice - Chairman
Joan Reuning
Edward N . King
Edward Austen
In the Matter of Application
of ORDER
MARJORIE M . DEVINE GRANTING
To vary the requirements of the Zoning VARIANCE
Ordinance of the Town of Ithaca with
respect to the premises located at
107 Joanne Drive , Ithaca , N . Y .
An application in the above matter to vary the requirements
of the Zoning Ordinance of the Town of Ithaca to allow the issu -
ance of a Certificate of Compliance by the Building Inspector of
the Town of Ithaca on a lot , Town of Ithaca Tax Parcel No . 6 - 57 -
1 - 8 . 23 , upon which there exists a house with attached garage , the
northerly corner of which is within 9 . 5 feet of the northerly
property line , being no greater than six ( 6 ) inches less than ten
( 10 ) feet , such property being located at 107 Joanne Drive , Ithaca
New York , having been presented by MARJORIE M . DEVINE to the Board
of Zoning Appeals of the Town of Ithaca , and a public hearing by
said Board having been duly held after published notice at the
place stated above on August 29 , 1978 , and consideration having
been given to the promotion of the health , safety , morals and
general welfare of the community in harmony with the general pur -
pose and intent of the ordinance and it having been resolved and
determined following such hearing that a need for the use in ques -
tion exists , and that the convenience and prosperity of the commu -
nity will be served , and further , that the neighboring persons and
property will not be adversely affected and substantial justice be
done by entry of this Order , it is hereby
ORDERED that this Variance be granted .
FINDINGS OF FACT :
1 . That no one has appeared before this Board nor written a
letter to this Board in opposition to the granting of the requested
variance .
2 . That the matter seems to be a minor deviation from the
statutory requirements .
3 . That the health , safety and general welfare of the neigh -
borhood will not be damaged by the granting of a variance .
FCt
k D . Hewett , Vice- Chairman
B and of Zoning Appeals
T wn of Ithaca
Dated : Ithaca , New York
September 14 , 1978
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