HomeMy WebLinkAboutZBA Minutes 1987-01-28 FOLM
TOWN OF ITHACW
Date 8
Clerk '
TOWN OF ITHACA ZONING BOARD OF APPEALS
JANUARY 28 , 1987
The Town of Ithaca Zoning Board of Appeals met in regular session
on Wednesday , January 28 , 1987 , in Town Hall , 126 East Seneca Street ,
Ithaca , New York , at 7 : 00 p . m .
PRESENT : Vice Chairman Edward N . Austen , as Chairman , Jack D . Hewett ,
Joan G . Reuning , Edward W . King , John C . Barney' , Esq . ( Town
Attorney ) , Andrew Frost ( Building Inspector / Zoning
Enforcement Officer ) ,
ALSO PRESENT : Slade Kennedy Jr . , Neal Howard , James Iacovelli , Edward
A . Mazza , Esq ,
Vice Chairman Austen declared the meeting duly opened at 7 : 05
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 20 , 1987 and January 23 , 1987 , respectively ,
together with the Secretary ' s Affidavit of Service by Mail of said
Notice upon the various neighbors of each of the properties under
discussion , upon the Building Commissioner of the City of Ithaca , upon
the Tompkins County Superintendent of Public Works , upon the Tompkins
• County Commissioner of Planning , and upon each of the applicants
i and / or their Agents , as appropriate , on January 21 , 1987 .
APPEAL OF SLADE KENNEDY JR . , APPELLANT , FROM THE DECISION OF THE
BUILDING INSPECTOR / ZONING ENFORCEMENT OFFICER DENYING CERTIFICATE OF
OCCUPANCY FOR AN EXISTING SINGLE FAMILY DWELLING AND EXISTING DETACHED
GARAGE LOCATED AT 227 EAST KING ROAD , TOWN OF ITHACA TAX PARCEL N0 ,
6 - 45 - 2 - 6 , RESIDENCE DISTRICT R- 30 , WITH THE NORTHEAST CORNER OF SAID
DETACHED GARAGE LOCATED 5 . 6 FEET FROM THE EAST SIDE LOT LINE AND THE
SOUTHEAST CORNER OF SAID DETACHED GARAGE LOCATED 4 . 2 FEET FROM SAID
EAST SIDE LOT LINE . CERTIFICATE IS DENIED UNDER ARTICLE V , SECTION
21 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING
ORDINANCE WHEREBY A ONE - STORY GARAGE MUST BE NO LESS THAN 15 FEET FROM
A SIDE LOT LINE .
Mr . Kennedy addressed the Board and stated that he purchased his
property in November of 1986 . The garage was built in 1967 and a
construction permit was issued for its construction . Mr . Kennedy said
that the garage has escaped notice that it is too close to the
property line to comply with the regulations . Mr . Kennedy said he is
seeking a waiver for this violation in order for a certificate of
occupancy to be issued .
Vice Chairman Austen noted that the plot plan with the original
building permit application shows the garage 15 feet from the side lot
line . Mr . Kennedy stated that the northeast corner is 5 . 6 feet from
• the property line and the southeast corner is 4 . 2 feet from the
property line as shown on the Survey Map , a copy of which is attached
as Exhibit 1 . The garage stands on the original building site .
Zoning Board of Appeals - 2 - January 28 , 1987
• Vice Chairman Austen noted that this was a Public Hearing and
asked if there were anyone present who wished to speak . No one spoke .
Vice Chairman Austen closed the Public Hearing .
Mr . King inquired of Mr . Kennedy as to what other buildings on
adjacent property are the closest to his property . Mr . Kennedy stated
that Mrs . Wrisley ' s property is directly to the east and there is a
storage shed approximately 100 feet east of his property line , set as
far back from East King Road as his garage . There is no driveway
entrance . Also , there is a vacant lot . Both properties are owned by .
Mrs . Wrisley . [ Both under one parcel - Tax Parcel No . 6 - 45 - 2 - 8 . 1 Mr .
Kennedy ' s garage is approximately 20 feet north of his south property
line . Mr . King said that , perhaps , " as -built " surveys should be
required to be submitted to the Zoning Enforcement Officer before
going further with construction . Mr . Frost stated that an inspection
sequence sheet is attached to each permit and an inspection is
required prior to any excavation . Mr . Frost stated that the Kennedy
garage is approximately five feet from the side lot line and Section
21 of the Ordinance states that a garage can be as close as 15 feet
from a side lot line . There is no mention of a rear lot line , except
in Section 20 where an accessory building is mentioned and you can
have three feet to a lot line .
Mrs . Reuning asked Mr . Kennedy if he had any idea of Mrs .
Wrisley ' s intentions for the vacant lot she owns . Mr . Kennedy said he
• spoke to Mrs . Wrisley and adjoining neighbors about this . They
assured him there was no problem in his appealing the side yard
deficiency .
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
WHEREAS , in the matter of the Appeal of Slade Kennedy Jr . for
side yard variance , the Town of Ithaca Zoning Board of Appeals finds
no apparent significant impact upon any neighboring property , and a
practical difficulty in this case of a garage having been built twenty
years ago on a concrete slab such that it would be difficult to move
it to bring it into conformity with the requirements of the Ordinance ,
NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca Zoning
Board of Appeals grant and hereby does grant a variance from the
15 - foot side yard requirement of Section 21 of the Town of Ithaca
Zoning Ordinance to permit the existing garage structure located at
227 East King Road , Town of Ithaca Tax Parcel No . 6 - 45 - 2 - 6 , to remain
as situated and as shown on map entitled , " Survey Map - No . 227 East
King Road - Town of Ithaca , Tompkins County , New York " , dated October
24 , 1986 , as prepared by T . G . Miller Associates , P . C . , signed and
sealed by Allen T . Fulkerson , L . L . S . , and Thomas G . Miller , such that
the northeast corner of said garage is permitted to be 5 . 6 feet west
of the east side lot line and the southeast corner of said garage is
permitted to be 4 . 2 feet west of the east side lot line .
• There being no further discussion , the Vice Chair called for a
vote .
Zoning Board of Appeals - 3 - January 28 , 1987
• Aye - Austen , Hewett , Reuning , King .
Nay - None .
The MOTION was declared to be carried unanimously .
Vice Chairman Austen declared the matter of the Kennedy Appeal
duly closed .
APPEAL OF JAMES IACOVELLI , APPELLANT , EDWARD A . MAZZA , ESQ . , AGENT ,
FROM THE DECISION OF THE BUILDING INSPECTOR / ZONING ENFORCEMENT OFFICER
DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF A SINGLE FAMILY
DWELLING , ON TWO LEGAL NON -CONFORMING LOTS WITH 60 FEET AND 80 FEET OF
FRONTAGE , RESPECTIVELY , SAID SINGLE FAMILY DWELLING PROPOSED TO BE
LOCATED APPROXIMATELY IN THE CENTER OF SAID LOTS BOTH OF WHICH ARE
LESS THAN 120 FEET IN DEPTH , AND , WITH THE NORTHEAST CORNER OF SAID
SINGLE FAMILY DWELLING PROPOSED TO BE 17 FEET FROM THE REAR LOT LINE
BUT WITH THE SOUTHEAST CORNER OF SAID SINGLE FAMILY DWELLING PROPOSED
TO BE 30 FEET FROM THE REAR LOT LINE , AT 215 - 219 CODDINGTON ROAD , TOWN
OF ITHACA TAX PARCELS NO . 6 - 54 - 7 - 48 AND 6 - 54 - 7 - 49 . PERMIT IS DENIED
UNDER ARTICLE III , SECTION 71 ARTICLE III , SECTION 91 PARAGRAPH 3 , AND
ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE
WHEREBY A REAR YARD MAY NOT BE LESS THAN 30 FEET IN DEPTH: AND THE LOT
DEPTH MUST BE 120 FEET .
Attorney Edward A . Mazza , acting as Agent for Mr . James Iacovelli
• addressed the Board .
Attorney Mazza stated that Mr . Iacovelli wants to build a single
family house on two lots located at 215 - 219 Coddington Road . Attorney
Mazza noted his submission , as attached to the Appeal Form , which set
forth the situation as he saw it . [ Exhibit 21 Attorney Mazza stated
that this property is comprised of the last two building lots prior to
the intersection of the old railroad bed with Coddington Road . There
are no building lots to the north of the property as shown on the copy
of a portion of Tax Map 54 also attached to the Appeal . [ Exhibit 3 ]
The eastern boundary is the abandoned railroad bed and the western
boundary is Coddington Road . Attorney Mazza stated that the site plan
is shown on drawing entitled , " James Iacovelli Residence - Site Plan -
215 - 219 Coddington Road - Ithaca , New York - Town of Ithaca Tax Parcel
No . ' s 6 - 54 - 7 - 48 and 49 " , dated January 20 , 1987 , by Charles F . Hoover ,
Architect . The total property is 140 feet in width , the north
boundary being 70 feet in depth and the south boundary being 97 feet
in depth . Attorney Mazza stated that the two lots pre - date the Zoning
Ordinance and a house could be built on either lot , but they would be
small building lots . The shape of the lot would allow only a very
oddly shaped house to be built on it and it would be very difficult to
meet all of the set backs . Attorney Mazza stated that there is a
practical difficulty here and he did not think the spirit of the
Ordinace would be hurt by allowing these deficiencies and by granting
these variances as two lots would be dedicated to this one house .
• Mr . King asked how the proposed 25 - foot setback easterly from
Coddington Road would compare with other houses along both sides of
the road . Mr . Iacovelli stated that they are trying to keep the front
i
Zoning Board of Appeals - 4 - January 28 , 1987
of the proposed house away from the road . Mr . Iacovelli. stated that
other homes to the south are set back 20 to 25 feet from the road .
Mrs . Reuning asked the size of the proposed home . Mr . Iacovelli
said it will be 36 ' by 70 ' and the lot is 11 , 600 square feet which
exceeds the 9 , 000 square feet required in an R- 9 zone .
Vice Chairman Austen asked if there were anyone present who
wished to speak . No one spoke . Vice Chairman Austen closed the
Public Hearing .
Mr . Frost stated that , if this Appeal is granted , a building
permit be obtained and that it be built according to Code and the
proper sequence of inspections be performed on the structure until
completion . This would be prior to excavation with lime lines , after
excavation prior to pouring concrete , and then the footers being
poured and foundation put in .
MOTION by Mr . Edward King , seconded by Mr . Jack Hewett :
WHEREAS , the Town of Ithaca Zoning Board of Appeals finds that ,
as legal non - conforming lots , Petitioner is entitled to build a
residence on each , and , due to the odd size and shape of the lots ,
there would be undue hardship and practical difficulty to require the
petitioner , Mr . James Iacovelli , to conform to the present Zoning
Ordinance as far as lot depth is concerned , and , in consideration of
the proposal to build but one single family house with attached garage
on the two lots , and , in consideration of the eastern boundary being
an abandoned railroad bed where no building is likely to occur and the
northern boundary being , and likely to remain , vacant , and , no one
having appeared in opposition to the Appeal ;
NOW , THEREFORE , BE IT RESOLVED , that , in conformance with the
Site Plan presented at Public Hearing , this date , January 28 , 1987 ,
the Town of Ithaca Zoning Board of Appeals grant and hereby does grant
a variance from the rearyard requirement of Article III , Section 7 ,
of the Town of Ithaca Zoning Ordinance to permit the construction of a
single family house with attached garage as indicated on the Site
Plan , such that the northeasterly portion of the house may be built
with its northeasterly corner as close as 17 feet to the easterly lot
line which is along the abandoned railroad bed , with its southeasterly
corner to be approximately 30 feet from said easterly lot line , and
such that the southerly side of the house be approximately 30 feet
north of the southerly property line , and
FURTHER RESOLVED , that said Board of Appeals waive and hereby
does waive the requirement of Article III , Section 9 , paragraph 3 ,
with respect to a minimum lot depth of 120 feet , said Board taking
Coddington Road as running north and south , and
FURTHER RESOLVED , that the variance hereby granted is subject to
the condition that Petitioner , James Iacovelli , submit to the Building
Inspector / Zoning Enforcement Officer , within a reasonable time after
he has the foundation in , a location survey , made by a qualifed
t
Zoning Board of Appeals - 5 - January 28 , 1987
• surveyor , certified to the Town as accurate , to show the placement of
the foundation on the combined lot .
There being no further discussion , the Vice Chair called for a
vote .
Aye - Austen , Hewett , Reuning , King .
Nay - None .
The MOTION was declared to be carried unanimously .
Vice Chairman Austen declared the matter of the James Iacovelli
Appeal duly closed .
APPEAL OF CHRISTOPHER ASSOCIATES , APPELLANT , NEAL HOWARD OF CAREY
PROPERTY MANAGEMENT , AGENT , FROM THE DECISION OF THE BUILDING
INSPECTOR / ZONING ENFORCEMENT OFFICER DENYING A BUILDING PERMIT FOR THE
CONSTRUCTION OF A 10 ' 8 " by 10 ' 8 " BEDROOM ADDITION TO THE NORTH SIDE OF
A LEGAL NON- CONFORMING SINGLE FAMILY DWELLING LOCATED AT 243
CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 54 - 7 - 42 . PERMIT IS
DENIED UNDER ARTICLE XII , SECTION 54 , AND ARTICLE XIV , SECTION 75 , OF
THE TOWN OF ITHACA ZONING ORDINANCE .
Mr . Neal Howard addressed the Board and stated that the request
is to add a 1018 " by 1018 " concrete block bedroom addition on the
• north side of the existing house . Mr . Howard stated that there is a
lot of land on the north side of this property in which to build as
shown on the Survey Map presented entitled , " Survey For Raymond J . ,
Sr . and Betty L . Langlois - Town of Ithaca - County of: Tompkins -
State of New York - Tax Parcel 54 - 7 - 42 " , dated November 1986 , prepared
by George C . Schlecht , P . E . , P . L . S . Mr . Howard stated that the
character of the land slopes toward the northwest of the house .
Helen , Orlando , and Ralph Iacovelli own the property to the north
which is undeveloped . The dimension of the existing house is 26 feet
by 28 feet six inches .
Vice Chairman Austen asked if there were anyone present who
wished to speak . No one spoke . Vice Chairman Austen closed the
Public Hearing .
Town Attorney Barney asked how the house is presently occupied .
Mr . Howard stated that there are now two students living there . The
new owners just purchased the building in December of 1986 for rental .
Mr . Howard stated that the new owners are not going to reside there
and bought the property with the intention of adding another bedroom
for rental . This is a one - story structure with two bedrooms , one
bath , living room and unfinished basement .
Mr . Frost stated that he issued a certificate of occupancy based
on zoning regulations for the house upon its sale and asked the Board
if they thought it appropriate to consider , as a condition , an
• electrical inspection . Vice Chairman Austen stated that this should
be a condition as the house was built in 1940 .
Zoning Board of Appeals - 6 - January 28 , 1987
• Mrs . Reuning wondered if the Board should be concerned with the
aesthetic design of the addition . Vice Chairman Austen stated that,
this should be a concern . Mr . Howard said that the addition will be
the same design as the present house . Mr . Howard stated that south of
the house there is an access to Pennsylvania Avenue and the front door
of the house is facing Coddington Road .
Town Attorney Barney referred to Section 77 , paragraph 7 , of the
Zoning Ordinance ,
Mr . Frost stated for the record that the Uniform Building Code be
followed as well as the sequence of inspections .
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , that , with respect to the request for the extension of
a legal non - conforming single family dwelling structure located at 243
Coddington Road , Town of Ithaca Tax Parcel No . 6 - 54 - 7 - 42 , the Town of
Ithaca Zoning Board of Appeals find and determine and hereby does find
and determine .
1s that the proposed 10 ' 8 " by 1018 " single bedroom addition to be
attached to the northwesterly corner of said dwelling is , as
proposed , well back from Coddington Road , at least 45 feet ;
• 29 that the situation of the existing dwelling and the size of the
lot are somewhat unique in that the lot is of a rather unusual
shape and the house sited approximately 90 feet south of the
north lot line , with much yard area to the north where the
bedroom addition is proposed to be located , and with such
addition appearing to be a reasonable addition to an existing
small residences
3 * that the health , safety , morals and general welfare of the
community in harmony with the general purpose of this ordinance
are not jeopardized ;
40 that the premises are reasonably adapted to the proposed use , and
that such use will fill a neighborhood or community needs
5 * that the proposed use and the location and design of the addition
is consistent with the character of the district in which it is
located ;
6 * that the proposed use is not detrimental to the general amenity
or neighborhood character in amounts sufficient to devaluate
neighboring property or seriously inconvenience neighboring
inhabitants ;
7 * that the access and egress for the structure are safely designed ;
• 80 that the general effect of the proposed use 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
Zoning Board of Appeals - 7 - January 28 , 1987
• the health , safety and general welfare of the community , and
FURTHER RESOLVED , that said Board of Appeals authorize and hereby
does authorize the requested extension of said non - conforming
dwelling , -subject to the following conditions .0
is that the electrical system of said existing structure be
inspected and approved according to the National Electrical Codes
29 that the proposed construction be done in conformity with the New
York State Uniform Fire Prevention and Building Code
3o that , once the foundations for the addition are in place , the
applicant submit to the Zoning Enforcement Officer , within a
reasonable time thereafter , a location survey , certified by a
qualified surveyor , showing exactly where the addition has been
placed on the lots
4s that , if any violations of the Electrical or Building Codes are
found upon inspection , the applicant , as a condition of
proceeding with the construction of the addition , be required to
bring such violations into conformity .
There being no further discussion , the Vice Chair called for a
vote .
• Aye - Austen , Hewett , Reuning , King .
Nay - None .
The MOTION was declared to be carried unanimously .
Vice Chairman Austen declared the matter of the Christopher
Associates Appeal duly closed .
ADJOURNMENT
Upon Motion , Vice Chairman Austen declared the January 28 , 1987
meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned
at 8 : 15 p . m .
Respectfully submitted ,
Mary S . Bryant , Recording Secretary ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Zoning Board of Appeals ,
r
and N . Austen , Vice Chairman
C ITME.I.1S SAVII%-45 13ANK. FS.fa- - IT SuaCEuoZ$ ANDJM .WIGNs
y TI Ccs TlTI. IL 4uARAM@rEZ CoMMW*y
CERTIFICATION Aw SkAP1ZO , ESd .
I hereby certify to SS • Fr4iip, • 64 . . . . . . . .
that I am a licensed land surveyor , New York State License
N6 . o1q9z&9 and that this map correctly delineates an - actual
survey ' on the ground made by me or under nay direct supervision ,
that it was prepared in accordance with the current code of
practice for land title surveys adopted by the New York State
Association of professional Land Surveyors ; and that I found no
visible encroachments either way across property lines except
as •• shown hereon ,
SIGNED : cool (0 DATED : 4144sr..0 zof / 98 (
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• Attachment to Appeal of James Iacovelli
The Appellant seeks to - obtain a building permit to build
his own residence on Town of Ithaca Tax Parcel Nos . 54 ® 7 ® 48
and 54m7Q49 . These two Tax Parcel Nos . represent Ithaca Land
Tract Company Lots . As the Board is well aware , the Ithaca
Land Tract Lots were established on a subdivision plan prior
to the establishment of zoning in the Town of Ithaca and thus
are grandfathered in as legal building lots for single family
dwellings . Thus , the Appellant could legally build single
family dwellings on each of the two parcels .
The two land tract lots in question are small 'lots and
oddly shaped along the rear boundary line which abuts the
abandoned railroad bed . The lot in question is 140 feet in
width along Coddington Road , the south boundary of the
premises would be 97 feet and the north boundary 70 feet . The
property is situated in such a way that these are the last two
lots prior to the intersection of the railroad bed with the
Coddington Road . Thus , there are no building lots to the
north of these two lots . The western boundary is Coddington
Road . The eastern boundary is abandoned railroad bed and the
southern boundary is Town of Ithaca Tax Parcel No . 54m7G47 .
While these two lots would allow him to build two single
• family residence on them , he is seeking to dedicate both lots
to building his own single family residence . However , he has
been denied a building permit for two reasons :
1 ) The lot depth is less than 120 feet , and
2 ) The proposed location of the building would result in
a deficiency of 13 feet at the northeastern corner of the
proposed unit from the rear yard property line .
With regards to the first reason for denial , you can see
from the architect ' s drawing which is attached to this appeal ,
the shape of the lot would allow only a very oddly shaped
house to be built thereon . The Appellant has attempted to
meet all of the yard requirements however it would be
impossible for him to build this average size house and meet
all of the yard setmback requirements . Thus , he has attempted
to center the building on the lot and maintain the front yard
setback . While it is true that he could relocate the
building further to the south and reduce the rear yard
deficiency however this would be moving the building closer to
the nearest neighbor .
The intent of the zoning ordinance in creating side and
rear yard setuback requirements is to keep people from
building too close to their neighbor ' s house for a variety of
• reasons which include privacy , fire protection , etc . In this
particular case , granting a variance would not put the
Appellant ' s building any closer to another residence than was
anticipated by the ordinance . It would only put the building
closer to the abandoned railroad bed .
EXHIBIT #2
• Lw2a
In addition , by granting the variance , the Town would be
reducing the potential density on these two lots . 'The
Appellant would be taking two building lots and reducing them
to one . �
Thus , with regards to the variance requested for the rear
yard setback , there are practical difficulties or unnecessary
hardship in carrying out the strict letter of the ordinance
and granting the variance would not violate the spirit of the
ordinance or the public safety and welfare of the Town and
substantial justice would be done .
With regards to the second reason that the Building
Inspector denied the building permit , the lot depth being less
than 120 feet , these lots are lots that were in existence
prior to the zoning ordinance and thus are legal lots to build
single family dwelling units on each lot . By joining the two
lots and continuing to allow this deficiency , that would have
been allowed by if it were two lots , would not violate the
spirit of the ordinance and in fact would promote the spirit
of the ordinance .
Therefore , Appellant respectfully requests that the two
• variances be granted and a building permit be issued to him .
Resl/pectfully submitted ,
4r
EDWARD A . MAllA
•
EXHIBIT #2
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