HomeMy WebLinkAbout510902-005Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607)274-5431
Fax: (607) 274-5445
Instrument Number
*510902-005*
No. of Pages: 1 Delivered By: HARRIS BEACH LLP
Receipt No. 510902 Return To:
HARRIS BEACH LLP
119 EAST SEN ECA ST
DATE: 06/27/2007 ITHACA, NY 14850
Time: 03:48 PM
Document Type: MISC RECORDS
Parties To Transaction: WILKINSON
Deed Information
Consideration:
Transfer Tax:
RETT No:
County Transfer Tax:
State of New York
Tompkins County Clerk
Mortgage Information
Mortgage Amount
Basic Mtge. Tax:
Special Mtge. Tax:
Additional Mtge. Tax:
Mortgage Serial No.:
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
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FILE
DATE
ADOPTED RESOLUTION ZB RESOLUTION NO. 2007- 026
Area Variance
Holland/Wilkinson
359 East King Road
Tax Parcel # 46.-1-5
June 18, 2007
MOTION made by Kirk Sigel, seconded by Ron Krantz.
RESOLVED that this Board grant the appeal of George Holland and Janet
Wilkinson, requesting variances from the requirements of Chapter 270, Article
VIII, Section 270-60(C) of the Town of Ithaca Code, to be permitted to
maintain a residence with insufficient side yard setbacks. The home with
attached garage was built in 1958 and is located at 359 East King Road, Town
of Ithaca Tax Parcel No. 46-1-5, Low Density Residential Zone. There are no
changes proposed for the home other than the sale of the home and property.
The existing home encroaches into the 40-foot eastern side yard setback and
the attached garage encroaches into the 15-foot western side yard setback
required for parcels in the Low Density Residential Zone.
FINDINGS
That there will not be an undesirable change in the character of the
neighborhood or a detriment to nearby properties because no
construction or development of any kind is proposed and the house has
existed in its present location for approximately 50 years, and
2. That the benefit sought by the applicant can not be achieved by any
feasible alternative to the variance given that the applicant has not been
able to acquire land from the adjoining owner that would be sufficient to
satisfy the sideyard setback requirements, and
3. That the requested variance is not substantial in that there will be no
change whatsoever to the existing development of this property, and
4. That the variance will not have any adverse impact on the physical or
environmental conditions in the neighborhood because no construction
or development of any kind is proposed and the house has existed in its
present location for approximately 50 years.
5. The alleged difficulty was not self created because the house was built
approximately 50 years ago, and was just discovered, by the
descendents of the family member who had the house built, to be
without adequate set back from the westerly line of the property.
ZBA 2007 — 026
Page 2
CONDITIONS
1. That the east sideyard setback be no less than 37 feet, and
2. That the setback for the house, on the western side, be no less than 1
foot, and
3. That the setback of the existing concrete patio on the west side be no
less than .1 foot, and
4. That no addition or modification to the house be done within the
required east and west sideyard setbacks.
A vote on the motion resulted as follows:
AYES: Sigel, Krantz, Ellsworth, Matthews, Mountin
NAYS: None
Motion was carried unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA:
I, Paulette Neilsen, Deputy Town Clerk of the Town of Ithaca, New York, do
hereby certify that the attached resolution is an exaA copy of the same adopted
by the Zoning Board of Appeals of the Town of Ith a at eglilar me 'ng o the
18th day of June 2007. //
Deputy Towri Clerk
Town of Ithaca
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