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HomeMy WebLinkAboutZBA Minutes 1980-02-07 Vuj , TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 7 , 1980 The Town of Ithaca Zoning Board of Appeals met in regular session on Thursday , February 7 , 1980 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Peter K . Francese , Jack D . Hewett , Edward W . King , Joan G . Reuning , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Mrs . Eleanor May , Urbain DeWinter , Susan DeWinter , Ernestine Wright , Eberhard W . Irmler , Mitchell Lavine , Linda Lavine , Pamela Holme ( WTKO News ) , Carol Fetter ( WICB News ) . Chairman Francese declared the meeting duly opened at 7 : 35 p . m . APPEAL OF URBAIN J . AND SUSAN DeWINTER , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO - FAMILY DWELLING BY FOUR UNRELATED PERSONS AT 163 SNYDER HILL ROAD , PARCEL NO . 6 - 57 - 1 - 8 . 9 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 ( 2 ) ( a ) ( 2 ) , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 7 : 35 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on January 30 , 1980 and February 2 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question and upon Mr . and Mrs . DeWinter , as parties to the action , on January 31 , 1980 . Chairman Francese read aloud from the Notice of Public Hearing as posted and published and as noted above . Chairman Francese referenced the Appeal Form as signed and submitted by Susan DeWinter under date of January 4 , 1980 , with attachments , as follows : " . . . Please refer to my letter dated November 30 , 1979 . In it , I explained our misunderstanding . We rented the property in the same fashion as it had been rented when we became the owners . We reversed the order , placing the family in the smaller downstairs apartment and the three single persons upstairs , where we felt it was large enough to accommodate them . Our leases run until August 1980 and we signed them with our tenants in good faith . We will strictly adhere to the zoning laws at that time . " [ Attachments ] - - Zoning Board of Appeals 2 February 7 , 1980 ( 1 ) Plot Plan of property , 163 Snyder Hill Road . ( 2 ) Letter dated November 30 , 1979 , from Susan S . DeWinter to Lewis D . Cartee , as follows : " 106 Northway Rd . . . . After receiving your letter of November 19 , 1979 , concerning our violation of the Ithaca Zoning Code , I visited the Town of Ithaca offices and spoke to Mr . Fabbroni . jIn the downstairs apartment we do have a family . It consists of a husband and wife , Mr . and Mrs . William Cassaniti . In the upstairs apartment we do have three single men . jWhen we bought the property , there were five people occupying the property - - but at that time the family was upstairs . As we felt that the upstairs was quite large , we reversed the order . We were really in complete ignorance of any zoning violation as the occupancy was essentially the same as when we bought the property . TAs I told Mr . Fabbroni , we will not rent to more than two people and / or families in the future , but due to our lack of awareness , we do have a lease until August 31 , 1980 . However , we do expect one of the fellows upstairs to be leaving by mid -May . I hope it will be possible to allow us to continue with this arrangement until then . We do have adequate parking space in a large driveway which has more than enough room for all the tenants . At this time not all of the tenants have cars . y[We did not purposely violate the zoning code and will adhere to it in the future . jThank you for your attention . " Mr . DeWinter appeared before the Board and stated that there were two apartments in the house - - downstairs with three unrelated persons , upstairs with a man and his wife - - when they bought the property . He stated that they now have the reverse - - three , only , unrelated persons upstairs and a family downstairs . Mr . DeWinter stated that they never knew there was a violation . He stated that there is ample parking and it was a surprise to them that there was any violation when they found out about this . Mr . DeWinter stated that they have a lease and they would like to continue until the expiration of this lease and then , next time around , rent to two families or whatever is in compliance with the regulations . Mr . DeWinter noted again that the house had been that way when they bought it . Referring to the Affidavit of Service by Mail , Chairman Francese asked Mr . DeWinter if he knew any of these people who live next door . Mr . DeWinter replied that he did not . Chairman Francese asked if there were anyone present who wished to speak to this matter . No one spoke . Chairman Francese asked when the lease runs out , with Mr . DeWinter responding , August 31st . Mrs . DeWinter stated that one of the people upstairs might be leaving in May but they were not sure . Mrs . DeWinter added that they took this fellow on later - October 1st - - and they never thought anything about it ; it was simply ignorance of the law . Chairman Francese asked if there Zoning Board of Appeals 3 February 7 , 1980 were any questions from the Board . There were none , except that Chairman Francese commented that the matter would appear to be pretty straight forward . Chairman Francese set forth the following Findings of Fact : 1 . Mr . and Mrs . DeWinter are interested in bringing the building into compliance in a timely fashion , i . e . , August 1980 . 2 . No one appeared in opposition to continuing this situation until the present lease runs out . 3 . It would appear to work an undue harship on the present tenants , who signed a lease in good faith , to ask any of them to leave before the end of their lease . 4 . The Board does have a commitment from the owners that the property will be brought into compliance by September 1 , 1980 . MOTION by Mr . Edward King , seconded by Mr . Jack Hewett : RESOLVED , that , on the basis of the Facts hereinabove set forth , the Zoning Board of Appeals of the Town of Ithaca adjourn and hereby does adjourn the Public Hearing in the matter of the DeWinter Appeal until the first meeting of said Board of Appeals in September 1980 . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the Public Hearing in the matter of the DeWinter Appeal duly adjourned at 7 : 46 p . m . ADJOURNED APPEAL ( FROM 1 / 14 / 80 ) OF MITCHELL AND LINDA LAVINE , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO OCCUPY A TWO - FAMILY DWELLING WITH A FAMILY PLUS ROOMER IN ONE UNIT ( UPSTAIRS ) AND THREE UNRELATED GRADUATE STUDENTS IN THE SECOND UNIT ( DOWNSTAIRS ) , AT 124 EASTERN HEIGHTS DRIVE , PARCEL N0 . 6 - 57 - 1 - 8 . 1091 ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 2a , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 46 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on January 30 , 1980 and February 2 , 1980 , respectively , together Zoning Board of Appeals 4 February 7 , 1980 with the Secretary ' s Affidavit of Service by Mail of said Notice upon the neighbors of the parcel in question and upon Mr . and Mrs . Lavine , as parties to the action , on January 31 , 1980 . Referring to the Notice of Public Hearing as noted above and the Appeal Form completed by Mr . Mitchell J . Lavine , dated December 4 , 1979 , Chairman Francese noted that the upstairs apartment at 124 Eastern Heights Drive is rented to a family with a roomer . Mr . Lavine stated that that was not the case and stated that there is just a couple upstairs . He stated that the lease still reads that there is a roomer , but at the moment there are just the two of them . Chairman Francese asked Mr . Lavine if the tenants have been made aware of the situation and Mr . Lavine replied that they have . Chairman Francese noted that in the downstairs apartment there are three unrelated graduate students in residence and , further , that they have a lease . Chairman Francese asked when the lease runs to . Mr . Lavine stated that one lease runs to the end of May ( upstairs ) , and one lease runs to the end of August ( downstairs ) , of this year , 1980 . Chairman Francese noted that there is one lease for each unit . Chairman Francese asked Mr . Lavine if he were aware that the house would be in compliance if there were a family upstairs and two unrelated persons downstairs . Mr . Lavine replied , yes . Chairman Francese noted that the Lavine matter is like the previous . case just heard by the Board ( Urbain J . and Susan DeWinter Appeal ) . Mr . Lavine replied , stating , essentially yes , but these people have been there for some time , and adding , that three people will probably want to stay on another year . Mr . Lavine noted that for ten years this has been a house with three unrelated persons in each unit . Chairman Francese explained the purposes of the Zoning Ordinance , one of which is to prevent overcrowding . Chairman Francese described some of the thinking that is presently being discussed within the proposals for the revisions to the Zoning Ordinance wherein a two - family house may be occupied by four unrelated persons . Chairman Francese pointed out , however , that the present Zoning Ordinance is the one that must be complied with . Mrs . Lavine stated that they do have off - street parking . Mr . King asked if the Board had copies of the leases . Mr . Lavine stated that he did not realize that they were needed , but he had the originals with him . The Board members perused the leases and Mr . Lavine gave the Secretary permission to make a copy of same . Mr . Lavine stated to the Board that what it was asking the IFAsk graduate students to do is move before their last year when they have been here about four years , and for their last year of Ph . D work they will have to move . Zoning Board of Appeals 5 February 7 , 1980 Chairman Francese explained the hardships of all those who have had to move as a result of zoning violations . Mr . Lavine stated that this is a hardship to them , but not really to him , adding that he was sure he could rent the units in compliance . Mr . Lavine stated that this particular group has been there for four years and the house has been occupied that way for ten years at least . Mr . Lavine stated that the anticipation here is that they have been there a long time and they did not anticipate having to leave one year prior to their actual leaving . Mr . King stated that he saw no way under the law that this Board can vary this , adding that the Zoning Board of Appeals cannot re -write the Zoning Ordinance . Chairman Francese set forth the following Findings of Fact : 1 . The Appeal of Mitchell and Linda Lavine is very similar , essentially identical , to the previous Appeal of Mr . and Mrs . DeWinter , heard by this Board , this date , and adjourned by the Board to the first meeting of this Board in the month of September 1980 , 2 . No one appeared in opposition to the continuation of this situation until the end of the lease . 3 . The Appellants have a written lease with three unrelated people which runs through August 31 , 1980 , which essentially constitutes the violation in this case . MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning : RESOLVED , that , based on the above Facts , the Appeal of Mitchell and Linda Lavine be and hereby is adjourned until the first meeting of this Board in September 1980 . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the Adjourned Public Hearing in the matter of the Lavine Appeal duly adjourned at 8 : 03 p . m . ADJOURNED APPEAL ,( FROM 1 / 14 / 80 ) OF EBERHARD W . AND MONICA M . IRMLER , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO - FAMILY DWELLING BY FOUR UNRELATED PERSONS , AT 217 SNYDER HILL ROAD , PARCEL N0 , ARIL 6 - 57 - 1 - 8 . 65 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 ( 2 ) ( a ) ( 2 ) , OF THE TOWN OF ITHACA ZONING ORDINANCE . Zoning Board of Appeals 6 February 7 , 1980 Chairman Francese declared the Adjourned Public Hearing in the above -noted matter duly opened at 8 : 03 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on January 30 , 1980 and February 2 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question and upon Mr . and Mrs . Irmler , as parties to the action , on January 31 , 1980 . Chairman Francese noted that the Board had before them a copy of the lease which runs until August 31 , 1980 . Mr . Irmler stated that there is a family in the upstairs apartment and three people in the downstairs apartment . Chairman Francese asked Mr . Irmler if he had any problems in adjourning this matter until September . Mr . Irmler replied that he did not , adding that he can bring it into compliance , but , he was concerned about when he sells the house which he will be doing when he is finished his studies because it will certainly affect the selling price of the house . Chairman Francese explained the problems involved with depending on the proposed zoning ordinance . Chairman Francese set forth the following Findings of Fact . 1 . The Irmler Appeal is essentially identical to the Appeals of DeWinter and Lavine , both of which were adjourned until September 1980 . 2 . The Board sees no reason to act differently . MOTION by Mr . Peter Francese , seconded by Mr . Jack Hewett : RESOLVED , that , based on the Facts hereinabove set forth , the Zoning Board of Appeals of the Town of Ithaca further adjourn and hereby does further adjourn the Public Hearing in the matter of the Eberhard W . and Monica M . Irmler Appeal until the first meeting of said Board in September 1980 . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the Adjourned Public Hearing in the matter of the Irmler Appeal duly adjourned at 8 : 20 p . m . Ask ADJOURNMENT • Zoning Board of Appeals 7 February 7 , 1980 Upon Motion , Chairman Francese declared the February 7 , 1980 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 21 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Peter K . Francese , Chairman