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Home My WebLink AboutZBA History Combined (6) 103 TOWN OF ITHACA ZONING BOARD OF APPEALS MINUTES December 19 , 1967 The Regular Meeting of the Town of Ithaca Zoning Board of Appeals was held on Tuesday , December 19 , 1967 at the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York at 7 : 30 P . M . Members of the Board present : Chairman David Powers , Loran Marion , Robert Powers , Andy Soyring , Roger Sovocool , Zoning Officer Don Franklin and Secretary Cheryl Beninati . Others present Ben Boynton , Mr . and Mrs . Opler , Mr . and Mrs . Chester , Mr . Pichel , Mr . Alan Berry , Mr . Gerald J . O ' Brien , Mr . George Livesay , Mr . Vinay Ambegaokar , Mrs . Grigorov , Mr . and Mrs . Maurice Marion , Mr . Manderville , Mr . Jack Burns , Dr . Lower and Mr . Sarsfield . BEN BOYNTON - LOT # 9 - SUGARBUSH LANE This Public Hearing was called to order by Chairman David Powers at 7 : 30 P . M . Mr . Boynton appeared appealing the decision of the Zoning Officer denying permission for a two - family dwelling and garage with a shop at Sugarbush Lane , which permit ,was denied under Article IV , Section 14 of the Zoning Ordinance . Zoning Officer Franklin read the legal ad as published in the Ithaca Journal . Mr . Boynton read Section 6 of the Zoning Ordinance relating to uses permitted in residential areas . He explained that the tenant occupying this dwelling and running the shop proposes to fabricate plumbing material ( pipes fitted together ) con- sisting of a finished product to be sold to several people . He interpreted this use as permitted under the Ordinance under the definition of a " manual trade " , There is also the question in Mr . Boynton ' s application of the garage , in which the shop is contained , being located too close to the street line and the question of a two - family dwelling . On the sketch attached to Mr . Boynton ' s application was shown spaces ` for 11 cars on the west side of the dwelling and spaces for 9 cars on the east side of the dwelling . Mr . Boynton was requested to show hardship by the members of the Board i . e . to show that he cannot use the property for the purpose it was intended . It was pointed out that this permit was denied under Section 14 although Mr . Boynton ' s appeal is based on Section 13 . 04 Several area residents appeared in opposition to the foregoing . Mr . O ' Brien stated he was~ opposed to this " two —family " dwelling being converted into a rooming house . Mr . Opler objected by stating that this property will be used for manufacturing pur- poses , and that this use is prohibited under the deeds in this area . He also stated that when he bought his land , Mr . Boynton pointed out the residential character of this tract and the effort to preserve the same as residential . Mr . Alan Berry quoted Section 41 of the Ordinance describing Light Industrial Districts and stated that this is essentially what the tenant proposes . Mr . Opler stated that if a variance of this type were granted , it would be impossible to prevent a continuation of this . The Board took a five —minute recess after which they again listened to the objections of the area residents . Mrs . Grigorov stated she is opposed because of the number of students who •will be occupying the dwelling and because of the manufacturing to be carried on in the garage . It was pointed out that on November 28 , 1967 , this Board went on record as stating that the Zoning Ordinance is being revised and no permits will be issued by the Zoning Officer in violation of the Ordinance , and any and all two —family house applications will be held up until such revision clarifies two —family dwelling . Mr . Opler stated that at the time he bought his house , he did not envision any rooming house type dwellings nor any manufacturing enterprises in this area , and that the spirit of the law should be followed rather than the strict letter of the law . Mr . Boynton stated that the uses should be considered as separate , i . e . the location of the garage , the use in the garage , the two —family dwelling . Mrs . Chester stated that Mr . Boynton had been very particular when she and her husband build their house , and the proposed garage -would deteriorate and devalue the neighborhood . She questioned the size of the proposed garage and the number of parking spaces for 20 cars adjacent to the dwelling in this residential area . Mr . Berry stated that he felt this dwelling would fall under the category of a rooming house . Mr . Livesay , Mr . Ambegaokar and Dr . Lowe also stated their opposition to the foregoing . Mr . Robert Powers stated that the only thing this Board can act on at this public hearing is the proposed garage and the use thereof . This public hearing was closed at 9 : 10 P . M . 105 Z-oning Board of Appeals Minutes - December 19 , 1967 The Board adjourned for ten minutes after which they came up with the following : Special approval is denied because : 1 . The general welfare of the community in harmony with the general purpose of the ordinance would not be promoted . 2 . By the plan itself , parking and a suitable place for a garage may be provided more than 25 feet from the street line , and there is no need for a garage closer than said 25 feet . Upon motion by Mr . Robert Powers , seconded by Mr . Sovocool and carried by unanimous approval , the above application was denied . WALLACE SARSFIELD - 1458 SLATERVILLE ROAD This Public Hearing was called to order at 9 : 15 P . M . Mr . Sarsfield appeared appealing the decision of the Zoning Officer denying permission for expansion of the snack bar at 1458 Slaterville Road , which permit was denied under Article X1r, Section 54 of the Zoning Ordinance . Zoning Officer Franklin read the legal ad as published in the Ithaca Journal . Mr . Sarsfield presented a petition signed by his customers in the restaurant and also a petition signed by some area residents who were not in opposition to the foregoing . Mr . Sarsfield proposed to expand the snack bar to cover the Width of the front of the building and build an addition for a showroom and entrance . Mr . and Mrs . Maurice Marion stated that they did not object to the foregoing . Mr . Mandeville stated he was not opposed in that he leases this property to Mr . Sarsfield and that any improvement would improve his property . Mr . Alan Berry stated that he is against this variance because he is against any extension of a non- conforming use in this area . He stated this will create a traffic hazard on the Slaterville Road , This Public Hearing was closed at 9 : 30 P . M . The Board took a ten-minute recess after which , upon motion by Mr . Soyring , seconded by Mr . Sovocool and carried by unan- imous vote , the variance was denied because this is such an extension of a non- conforming use as to constitute re - zoning to a commercial zone . I/ 707 TOWN OF ITHACA NEW Y. ORK APPS A11A to the Building Commissioner and the Board of Zoning Appeals of the Town. of Ithaca., .Neje York Having been denied permission to Build a garage and plumbing shop .'4T Lot ;#9 suarbush Lane Ithaca., earn as shown on the accompanyl.119 Application and/or plans or other suppt<rtIng documental for the stated reason that the is.s7xan.ce of SUCK pejMlt %von ld b9XiXXX2M2V X%X)3{ require suoial approval of the Zoning Board of Appeals, Sections) 13 of the Town of Ithaca Zoning Ordinance the UNDERSyMED respectfully submits this appeal from such tenial andv in support of the appeal, affirms that strict obs= esvan.ce of the Ordinance would impose PRACTICAL DIFFICULTIES and/or UN10C E SSARY HARDSHIP as fol lows e Slope of the land directly from the street line exceeds 8%. It is requested that a garage be built not less than 51 from said street line, i 7 oc L TOWN OF ITHACA l6 3g Koh 18 APPLICATION FOR BUILDING PERMIT ' l Fee: Application Date _10oj , 3e /467 $2.50 - Main Building or Extension Permit Number ............ .... ............. I., 1.00 - Accessory Building Date ................................ Make checks payable to Town of Itbap Parcel Number i?�'_.................. �.`...:..... _ �C� NDN. _ 5 cmc A �4. / Jr Return application to:.....• ---------------------Y ........-•--------•-•--------..... Zoning Distract...��....__._...._............. Application is hereby made to (build extend ❑, convert ❑................................................. ❑) a structure or use land ... SVaA-Rti �sF,. !"A c Rd., Town of Ithaca, N. Y. To be used for .�,rl"�7 ..T ►!!� ...v�.rR-,� ,._1 to.,z c.. / _7 v'4!'r� -3 »�.s.---o+�t At a cost of !2 : Da o Structure is to be completed on or before..........rw*#5.0e..�r`"r...-I.................... .. 19-167 ..................... I................. Owner of land .'-- -'- e' -y.,41 -o ..._.....-•-•-•--•-------- ._. Builder _3t..._y..3vY..e`_"-'."•'.:--•---•--...---•--•--.....-•----.... Land Owner's mailing address........... Scq ��v.a---•.--�co�----307-----t----!.r,44CA-- NY.---------• ............. ................ If building is being built for a person other than present land owner, show name ...... ......-------- ..................... .......... I., ........... I .... I The structure(s) will be as follows: ,Square Feet Floor Area. Type of construction - Aw-------------------------------------------- Basement ........... L OX B -•-•••----•----•-••....-- Number of stories .... i.. /?--•---...--••--•-----•-----••-•---•------•--•------..... First Floor ----- - •-- ! 'z., 4 S .... -................................................ Number of Family Units "----•--•--------------------------•- ........... Second Floor ......... =------------------------------------------- •................ . Percentage of Lot to be occupied Over Second.......................................................................... by all structures .... Iwv-!_...f �" Plot Plan on Back of Permit .-.tom... or Attached ............ The required permits have been obtained as follows: Date Issued FROM TOMPKINS COUNTY HEALTH DEPARTMENT Approval of septic system and/or well� 4 C . tom_-' ....-•............................... ....... FROM TOWN CLERK Strect .opening (if road must be opened for pipes)............................................................... Blasting permit (if blasting necessary) FROM SUPERVISOR WaterTap ....................... ------•--•--------•-•-----•--- District ........................... -..................................... . Sewer Tap -- - ................... -.................... District . . . .......................................................... FROM PROPER HIGHWAY DEPARTMENT Culverts and driveways ......................................... FROM TOWN ZONING OFFICER Multiple residence permit The Undersigned -hereby applies for permission to do the above, in accordance with provisions of the Zoning Ordinance and other Laws and .Regulations of the Town of Ithaca, New York, or others having jurisdiction, and affirms that all statements and information given herein are correct to the best of his knowled a and belief. Date: --- ov , 19. 7_. Signature of Landowner. Building permit ( ) approved by __._._._ _----..__... denied under .gectl`oonn _...i4.__ of the Zoning Ordinance by ..-i�.P_ F ............. Appeal action: Date of appeal ------- --------- --------- Date of hearing ..__......N._. Date of advertising ..�Jjb.._..z?. .� .r..-..___.._ Board members notified ..... A1,. L._.:. APPEAL �V E N' i E D , -------------------- ------------------------------------- --------- -- - - -- - - - - - - ---•--•-----•-----•-----------•- Progress of work. Checked on: Foundation------------------•------ ------------------------------------------------------ $7.50 — Appeal, advertising expenses. Progress of work. Checked on: Foundation------------------•------ -•--••......--•- Framing--- ............. ................. Trim ...... -..... Completion ----•-----• w ............ Order to refill excavation issuedon --•------•-----•--••-------- ------------ ....................... Order to demolish structure issued on ._._. :qqv�_ .. .. .. I y PLOT,PLAN -� INFORMATION TO BE SHOWN: Dimensions of structures. Dimensionsof lot. ;dames of neighbors who bound lot. Distance of :Structures from-. Set -back of neighbors. Road, North arrow. , 'Both side lot lines, Street name and number. Rear of lot. Show existing structures "in contrasting lines. X /..oT �# 9 2%4 K , L / �- 'f g Hoai► X�* $ ° C.0+2Acc Zo do cA•t%at 4� hoc I hereby certify that the:etructure for which this Permit (will •be)( ) issued (will be) (ha )built ac- cording to the latest.Standards of the New York Staff dis Code. Signed e T40 v Li 0,0 CM