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HomeMy WebLinkAbout422848-006Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 2 Receipt No. 422848 DATE: 11 /26/2002 Time: 11:49 Document Type: MISC RECORDS Liber:CD2514 Page:3475 Delivered By: TRUE WALSH & MILLER Return To: TRUE WALSH & MILLER PFANN TYLER Parties To Transaction: TOWN ITHACA ZONING Deed Information Consideration: Transfer Tax: RETT No: Mortgage Information Mortgage Amount: Basic Mtge. Tax: Special Mtge. Tax: Mortgage Serial No.: State of New York Tompkins County Clerk This sheet constitutes the Clerk endorsement required by Section 316 A(5) & Section 319 of the Real Property Law of the State of New York. DO NOT DETACH Tompkins County Clerk IIIOI9NI�AmNW *422848-006* TOWN OF ITHACA ZONING BOARD OF APPEAL,+iber:CD2514 Page:3476 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 familyresidence 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 structur 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." 11 Zoning Board of Appeals -2- LibJ &)1§I4 2'P ge 94' 7 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 101. 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 (9-1/21) at the northerly corner of an attached garage, rather than ten feet (10') 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.