HomeMy WebLinkAboutBF151400-0011
AT•a Public Nearing of the Zoning Board of
Appeals of the Town of Ithaca, County
of Tompkins, State of New York, held in'
the Town Mall, 1.26 East Seneca Street,
in the -City of Ithaca, on September 16,
1980.
PRESENT: mo 24 PAGf. 689
Jack D.-Hewett, Vice -Chairman
Edward N. Austen
Joan Reuning
In the Matter of Application
of ORDER
BYRON W.. AND MIRIAM SAUNDERS GRANTING
To vary the requirements of the Zoning , VARIANCE
Ordinance of the Town of Ithaca with
respect to the premises located at
317 Marren Road, Town of Ithaca Tax
Parcel No. 6-68-1-4, Ithaca, New York
An application in the above matter to vary the requirements
of the Zoning Ordinance of the Town of Ithaca to -allow for the
issuance of a Certificate of Occupancy by the Building -Inspector
of the Town of Ithaca on a lot upon which there exists a house
the set back of which from the south property line appears to be
no greater than nineteen feet (19') less than'the required forty
feet (401), such.property being located.at 317 Warren Road,
Ithaca, New York'_Town of.Ithaca Tax Parcel. No. 6-68-1-4, having
been presented by BYRON V. SAUNDERS to the Zoning Board of
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 September 18, 1980, and consideration having been given
to the promotion of the health.,.safety, morals and general wel-
fare of the community in harmony with the general purpose and
intent of,the ordinance and it having been resolved and determined
following such hearing that a need for the use in question exists,
and that the convenience and prosperity of the community 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 a Survey Map, dated August 12, 1980, duly signed by
Clarence N. Brashear, Jr., New•York State Licensed Land Surveyor,
has-been presented which shows that the house set back from the
south property line of said lot appears to be 21.4' +..
2. That. on April 1, 1971, a building permit from the Town
of Ithaca was issued to Burr Ripley, Contractor for Byron and
Miriam Saunders, to builda one -room addition to the property
known as 317 Marren Road, Ithaca, N.Y.
3. That the Zoning Ordinance -of the Town of Ithaca requires
a side yard set back of 40 feet.
4. That the Building Permit permitted the addition to be
constructed closer to,the side yard lot line than 40 feet, i.e.,
22 feet (approximately).
8. That the owner, in reliance on the Permit, created the
addition.
S. That this error in siting the addition to the !rows with
less than a 40-ft. side yard set back does not materially affect
the aesthetic value of the property, and that the owners Would
suffer extensive economic hardship and practical difficulties if
they were required to restructure the house to oonform to the
a
1.160 24 PAcF 690 -2—
required 40-ft. side yard set back.
7. That there is no adverse effect upon the aesthetics of
the surrounding property.
S. 'That the surrounding property is owned by Cornell
University and/or the State of New York and is used for farm
purposes as part of the University's programs.
9. That a letter was received by the Zoning Board of
Appeals from Mr. Frank R. Liguori, Commissioner of Planning,
Tompkins County Department of Planning, dated.September 15,. 1980,
pursuant to Section 239-1 and -m of the New York State General
Municipal Law, stating that the proposal will have no significant
deleterious impact on intercommunity, county,.or state interests
and, therefore, no recommendation is indicated by the County
'Planning Department and the Board is freeto act without prejudioe
10. That no one appeared is opposition to the granting of
such -Variance.
11. That it is in koeping with.the spirit and intent of the
Zoning Ordinance to permit said home to remain In said location.
i
12. That the Zoning Board of Appeals finds -practical
difficulties and economic hardship on appellants -resulting from
.the Town's error, which justifies the granting of,the Variance.
Z '' • 'o f D. Hewett,Vice- a rman
I-,,��•;., Zontag Board of Appeals
To of Ithaca
Dated: Ithaca, New York
September 19, 1960
I, NANCY FULLER, Deputy Town.Clerk, hereby certify that this
is a correct and true copy of the above order granting a variance
filed in the office of the'Clerk of the Town of Ithaca
b`oa
September 19, 1980. ��ti��aCPt.� •
any Fu
STATE OF NEW YORIC )
ss.
COUNTY OF TOMPKINS
On this 24th day of September, 1980, befbre me, the
subscriber, personally appeared NANCY FULLER, Deputy Town Clerk,
to me personally known and known to as to be the same person
described in and who executed the within instrument, and she
acknowledged to me that she axe uted the same.
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