HomeMy WebLinkAboutZBA History Combined (59)
Zoning Board of Appeals History as of 26.-4-20
136 Hillcrest Dr
Tax Parcels involved, with address if known 136 Hillcrest Dr
26.-4-20 with no subdivision and readdressing from 15 Hillcrest Dr.
History:
1983 – Area Variance to keep carport - Granted
1965 – Area Variance for carport - Granted
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY.,:. 'JANUARY 19,: 1983
By direction of the Chairman of the Zoning.Board of Appeals NOTICE. IS
HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals
of the Town of Ithaca on Wednesday, January 19, 1983, in Town Hall, 126 East
Seneca Street, Ithaca, N.Y., at the following times and on the following
matters:
7:30 P.M.
Appeal of Marjorie P. Markell,: Appellant,.from the decision of
the Building Inspector denying Certificate of Occupancy for
premises upon .which is located a single family residence with
attached carport resulting in a side yard less than ten feet,
at 15 Hillcrest Drive, Town of Ithaca.Tax Parcel No. 6-26-4-20,
Ithaca, N.Y. Certificate is denied under Article IV, Section 14,
and Article XIV, Section 76, of the flown of Ithaca Zoning Ordinance,
x" 7:45 P.M. Appeal of Karl Ponchalek, Appellant, from the decision of the
Building Inspector denying permission for the occupancy'of a
• single family residence by a.fami.ly plus three unrelated persons,
$3,lat 1410 Slaterville Road, Town of Ithaca Tax Parcel No. 6-58-2-401
111thaca, N.Y. Permission is denied under Article IV, Section 11,
paragraph 1, of the Town of Ithaca Zoning Ordinance,
8:00 P.M. Appeal of Ruth Topley, Appellant, from the decision of the
Building Inspector denying permission for building permit for
a two-family dwelling on an existing legal non -conforming lot,
at 246.Pennsylvania Avenue, Town of Ithaca Tax Parcel No. 6-54-7-
..
19, Ithaca, N.Y. Permission is denied under Article XIII, Section
57, of;the Town of Ithaca Zoning Ordinance,
Said Zoning Board of Appeals will at said times and said place hear all
persons in support of such matters or objections thereto. Persons may appear
by agent or in-person-,-
Dated:
n person;
Dated:
Publish:
January '11,
January 14,
1983
1983
Lewis D. Cartee
Building Inspector
Town of Ithaca
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESD'AY', JANUARY' 19,' 14983
.By
direction
of the
Chairman of
the Zoning
Board of Appeals NOTICE IS
HEREBY
GIVEN that
Public
Hearings will
be held
by the Zoning Board of Appeals
of the
Town of
Ithaca on
Wednesday,
January 19,
1983, in Town Hall, 126 East
Seneca
Street,
Ithaca, N.Y.,
at the
following times
and on the following
matters:
7:30 P.M. Appeal of.Marjorie P.. Markell, Appellant, from the decision of
the Building Inspector denying Certificate of Occupancy for
premises upon.which is located a single family residence with
attached carport resulting in a side yard _less than ten feet,
at 15 Hillcrest Drive, Town of Ithaca.Tax Parcel No. 6-26-4,20,
Ithaca, N.Y. Certificate is denied under Article IV, Section 14,
and Article XIV, Section 76, of the Town of Ithaca Zoning Ordinance.
7:45 P.M. Appeal of Karl Ponchalek, Appellant, from the decision of the
P.
Building Inspector denying permission for the occupancy of a
single family residence by a family plus three unrelated persons,
at 1410 Slaterville Road, Town of Ithaca Tax Parcel No. 6-58-2-40,
Ithaca, N.Y. Permission is denied under Article IV, Section 11,
paragraph 1, of the Town of Ithaca Zoning Ordinance.
8:00 P.M. Appeal of Ruth Topley, Appellant, from the decision of the
Building Inspector denying permission for building permit for
a two-family dwelling on:an existing legal non -conforming lot,
at 246 Pennsylvania Avenue, Town of Ithaca Tax Parcel No. 6-54-7--
19, Ithaca, N.Y. Permission is denied under Article XIII, Section
57, of the Town of Ithaca Zoning Ordinance,
Said Zoning Board of Appeals will at said times and said place hear all
persons in support of such matters or objections thereto. Persons may appear
by agent or in person
Dated: January ll, 1983
Publish: January 14, 1983
Lewis D. Cartee
Building Inspector
Town of Ithaca
.%`
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY:,! JANUARY 119,; 1983
.By
direction
of the
Chairman of
the Zoning.Board
of Appeals NOTICE IS
HEREBY
GIVEN that
Public
Hearings will
be held
by the Zoning Board of Appeals
-of the
Town of
Ithaca on
Wednesday,
January 19,
1983, in Town Hall, 126 East
Seneca
Street,
Ithaca, N.Y.,
at the
following times
and on the following
matters:
7:30 P.M. Appeal of Marjorie P.. Markell, Appellant, from the decision of
the Building Inspector denying Certificate of Occupancy for
premises upon which is located a single family residence with
attached carport resulting in a side yard less than ten feet,
at 15 Hillcrest Drive, Town of Ithaca.Tax Parcel No. 6-26-4-20,
Ithaca, N.Y. Certificate i's denied under .Article IV, Section 14,
and Article XIV, Section 76, of the Town of Ithaca Zoning Ordinance,
7:45 P.M. Appeal of Karl Ponchalek, Appellant, from -the decision of the
Building Inspector denying permission for the occupancy of a
single family residence by a family plus three unrelated persons,
at 1410 Slaterville Road, Town of Ithaca Tax Parcel No. 6-58-2-40,
Ithaca, N.Y. Permission is denied under Article IV, Section 11,
paragraph 1, of the Town of.Itb.aca Zoning Ordinance,
8:00 P.M. Appeal of Ruth Topley, Appellant, from'the decision of the
Building Inspector denying permission for building permit for
a two dwelling on:an existing legal non -conforming lot,
at 246 Pennsylvania Avenue, Town of Ithaca Tax Parcel No. 6-54-7-
19, Ithaca, N.Y. Permission is denied under Article XIII, Section
57, of the Town of Ithaca Zoning Ordinance,
Said Zoning Board of Appeals will at said times and said place hear all
persons in support of such matters.or objections thereto. Persons may appear
by -agent or in-person,
Dated: January 11, 1983
Publish: January 14, 1983
Lewis D. Cartee
Building Inspector
Town of Ithaca
126 EAST SENECA STREET
ITHACA, NEW YORK
1.
MEMORANDUM
TO WHOM IT MAY CONCERN
FROM: Lawrence P. Fabbroni, P.E.
Town Engineer
RE: 15 Hillcrest Drive
DATE: July 8, 1985
In reviewing the variance granted for the location
of the existing carport in January 19;83, this would allow
for any maintenance of the carport, e.g., roof alteration,
that may be necessary in time under proper permit of the
Town.
LPF/nf
'Y
TOWN OF ITHACA ZONING BOARD OF APPEALS
JANUARY 19, 1983
The Town of Ithaca Zoning Board of Appeals met in regular
session on Wednesday, January 19, 1983, in Town Hall, 126 East
Seneca Street, Ithaca, N.Y., at 7:30 p.m.
PRESENT: Vice Chairman Jack D. Hewett, Joan G. Reuning, Edward
W. King, Lewis D. Cartee (Building Inspector), Nancy M.
Fuller (Secretary).
ALSO PRESENT: Karl Ponchalek, Ruth Topley, William Topley,
Laura Holmberg, Richard Berggren, Lucia Armstrong,
Vice Chairman Hewett declared the meeting duly opened at
7.40 p.m. and accepted for the Record the Clerk's Affidavit of
Posting and Publication of the Notice of Public Hearings for each
of the matters before the Board, in Town Hall and the Ithaca
Journal on January 11, 1983, and January 14, 1983, respectively,
together with the Secretary's Affidavit of Service by Mail of
said Notice of Public Hearings upon the Commissioner of Planning
for Tompkins County, the various neighbors of the properties in
question, and upon the Appellants, as parties to the actions, on
January 11, 1983.
APPEAL OF MARJORIE P. MARKELL, APPELLANT, FROM THE DECISION OF
THE BUILDING INSPECTOR DENYING CERTIFICATE OF OCCUPANCY FOR
PREMISES UPON WHICH IS LOCATED A SINGLE FAMILY RESIDENCE WITH
ATTACHED CARPORT RESULTING IN A SIDE YARD LESS THAN TEN FEET, AT
15 HILLCREST DRIVE, TOWN OF ITHACA TAX PARCEL NO. 6-26-4-20,
ITHACA, N.Y. CERTIFICATE -IS DENIED UNDER ARTICLE IV, SECTION 14,
AND ARTICLE XIV, SECTION 76, OF THE TOWN OF ITHACA ZONING
ORDINANCE.
Vice Chairman Hewett declared the Public Hearing in the
above -noted matter duly opened at 7:40 p.m. and read aloud the
Notice of Public Hearing as published and as noted above.
The Appeal Form dated January 5, 1983, signed by Marjorie P.
Markell, reads as follows:
"The residence on this property with carport was constructed
not later than 1956. We do not have the exact date. It is the
last house on the west side of Hillcrest Drive at the terminus of
Hillcrest Drive. The presence of the carport does not adversely
affect use of the adjoining property (Candlewyck Apartments) nor
does it limit the use of the property nor interfere with access
to the rear of the property. Because of the location of the
residence on the lot and set -back requirements in the deed, it
would be expensive and difficult to remove -the carport and
replace it so that it would be both useful and comply with the
zoning ordinance. The carport is incorrectly labeled as a
n
Zoning Board of Appeals
2
"garage" on the attached survey."
January 19, 1983
Vice Chairman Hewett asked if anyone cared to speak to this
matter. Attorney Laura Holmberg spoke as Agent for Marjorie P.
Markell. Mrs. Holmberg stated that there is nothing immediately
adjacent to this houses the adjoining property north is
Candlewyck Apartments; it is the, last house on the west side at
the end of Hillcrest Drive. Mr,s. Holmberg stated that she did
not know exactly when the carport was built, however, she did
know that Marjorie Markell moved into the property in 1970 and
the carport was there then. She stated that the carport does not
pose any problem for anyone and all other requirements have been
met.
Mr. King noted that the carport is closest to the north
property line and asked how many feet it was from the north line.
Mrs. Holmberg responded that it was 5.2 ft. at .the northeast
corner and 4.9 ft. at the northeast corner; thus, the carport is
generally 5 feet from the north property line. She referred to
the survey map, prepared and sealed by George Schlecht, P.E.,
P.L.S., and dated 12/82, of the Markell property as she spoke.
Mrs. Holmberg stated that the owner to the north is Candlewyck
Apartments and theirs is a large tract of land with the
apartments far north of the line. Mr. King asked if she had any
idea how far north it was. Mrs. Holmberg indicated that she did
not know, commenting that it was not close. Mr. King noted that
the survey indicates a turn -around for the Markell property which
extends into the Candlewyck property..
Vice Chairman Jack Hewett asked if there were anyone present
who wished to speak for or against this matter. Mr. Richard
Berggren, 119 Williams Glen Road, spoke from the floor and stated
that he owns considerable property across from Mrs. Markell's
property and that he had no objections whatsoever to her request
to have the carport in this location, adding that he saw nothing
wrong with it.
Mrs.
Reuning
verified the location
of this site, commenting
that she
lived
at
the corner property at
one time.
Mr. King stated that, under Section 14, a garage must be 10
feet from side property line and this one was between 4.9 to 5.2
feet from that line.
MOTION by Mr. Edward W.King, seconded by Mrs. Joan G.
Reuning:
WHEREAS, it appearing that no property owner in the vicinity
of 15 Hillcrest Drive appears to be harmed by the existense of
this carport approximately five feet from the north property line
and no objection having been made;
THEREFORE, BE IT RESOLVED, that the Town of Ithaca Zoning
Board of Appeals grant and hereby does grant an area variance
Zoning Board of Appeals 3 January 19, 1983
from the requirements of Article IV, Section 14,
of the Town of.
Ithaca Zoning
Ordinance which requires a
ten -foot
side yard for
the placement
of a garage, to run with the
subject
property, Town
of Ithaca Tax
Parcel No. 6-26-4-20, known
as 15 Hillcrest Drive,
Ithaca, N.Y.,
to permit the carport to
remain in its present
location which is approximately 4.9 feet
to 5.2
feet south of
north line of
the property, and
FURTHER RESOLVED, that such grant of variance permits the
Town of Ithaca Building Inspector to issue a Certificate of
Occupancy for said property pursuant to Article XIV, Section 76,
of said Ordinance.
There being no further discussion,
for a vote.
Aye - Hewett, Reuning, King.
Nay - None.
the Vice Chairman called
The MOTION was declared to be carried unanimously.
Vice Chairman Hewett declared the matter of the Markell
Appeal duly closed at 7:45 p.m.
APPEAL OF KARL PONCHALEK, APPELLANT, FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING PERMISSION FOR THE OCCUPANCY OF A
SINGLE FAMILY RESIDENCE BY A FAMILY PLUS THREE UNRELATED PERSONS,
AT 1410 SLATERVILLE ROAD, TOWN OF ITHACA TAX PARCEL NO.
6-58-2.40, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE IV,
SECTION 11, PARAGRAPH 2, OF THE TOWN OF ITHACA ZONING ORDINANCE.
Vice Chairman Hewett declared the Public Hearing in the
above -noted matter duly opened at 7:45 p.m. and read aloud the
Notice of Public Hearing as published and as noted above.
The Appeal Form dated January 9, 1983, signed by Karl
Ponchalek, reads as follows:
"On June 21, 1982, my wife and I purchased the above
mentioned house. Approximately one month later, we were
separated. She moved to another location while I remained at
1410 Slaterville Road. Although the mortgage had been managed by
two contributors, I was unable to maintain all of the house
related expenses myself. Three months after the purchase of the
house, I accepted three Cornell students as housemates. Only
after I spoke to Mr. Cartee regarding another matter, did I
discover that I was in violation of a zoning ordinance.
Two significant problems would arise if this appeal is
refused. The expenses inherent in separation, divorce, and
respective financial settlements, in addition to the cost of
managing a large home, are overwhelming. The loss of any income
at this time would jeopardize my ability. to keep my home.
Secondly, termination of the commitment I have made to any of my
Zoning Board of Appeals
0
January 19, 1983
housemates would cause hardships encompassed in locating and
moving to a new residence in the middle of an academic year.
Our agreement expires on August 1, 1983s"
Mr. Hewett invited Mr. Ponchalek to appear before the Board
and state his Appeal.
Mr. Karl Ponchalek summarized what he had written and
submitted to the Board by saying that about six months ago his
wife and he had purchased this house at 1410 Slaterville Road and
then they had separated. He stated that he found himself solely
responsible for the house mortgage payments and approximately two
months later he could not carry the payments in addition to other
household expenses and therefore advertised for tenants.. He
stated that at that time, he was. unaware of the zoning laws. He
stated that he contacted Mr. Cartee about a building permit and
it was then that he realized he was in violation of the
ordinance. Mr. Ponchalek stated that he plans on putting in an
apartment in the third floor attic and will rent the downstairs
so will not have a conflict.
Mr. Hewett asked what type if lease Mr. Ponchalek had with
his tenants and how long it would run. Mr. Ponchalek responded
that it was an oral lease and was in effect until August 1, 1983.
Mr. Hewett asked if they were students. Mr. Ponchalek stated the
tenants were all Cornell students, one undergraduate, one
graduate, and one part-time student. Mr. Hewett asked if they
would be leaving at the end of the semester. Mr. Ponchalek
stated that he did not know, really, adding that he did not think
the tenants had any definite plans after graduation but that they
were probably staying in the Ithaca area. Mr. Ponchalek stated
that at least one of them is willing to make other plans.
Vice Chairman Hewett asked if there were anyone present who
wished to speak for or against the matter before the Board. No
one spoke.
Mr. Hewett read the following letter dated January 14,.1983,
from Frank R. Liguori, Tompkins County Commissioner of Planning,
written to Mr. Cartee:
"RE: Zoning Review Pursuant to Section 239-1 and -m of the New
York State General Municipal Law.
CASE: Use Variance Appeal of Karl Ponchalek at 1410 Slaterville
Road (State highway)
Dear Mr. Cartee:
This will acknowledge the receipt of the proposal for review
under Section 239-m.
The proposal, as submitted, will have no significant deleterious
Zoning Board of Appeals
6i
January 19, 1983
impact on intercommunity, county, or state interests. Therefore,
no recommendation is indicated by the County Planning Department
and you are free to act without prejudice."
Vice;Chairman Hewett told Mr. Ponchalek that the Board would
not like to put people out in this weather. Mr. Hewett explained
to Mr. Ponchalek that the Building Inspector, Mr. Cartee, could
monitor this situation between n'ow and August 1, 1983, at which
time the premises, it would appear, would be in compliance. Mr.
Hewett stated that the Board understands that he did not act with
malice and that he was ignorant of this existing law.
Mr. King asked Mr. Ponchalek if he understood the occupancy
rules now. Mr. Ponchalek responded, yes. Mr. King asked Mr.
Ponchalek if he intended to bring the premises into compliance
with the ordinance by the end of July, 1983. Mr. Ponchalek
stated that he did, adding, before that actually. Mr. Ponchalek
stated that the house is a. very large house with four bedrooms
and was built prior to 1900.
Mr. King asked'Mr. Cartee if there had been any problems
with parking with respect to this property. Mr. Cartee
responded, no, adding that he would never have noticed anything
except that someone mentioned the matter to him. He said that
the property is on approximately two acres and is well hidden
from any adjacent property. Mr. Hewett commented that a 2 -acre
parcel offers ample parking space.
Mrs. Reuning inquired when Mr. Ponchalek anticipated
completion of the attic, to which Mr. Ponchalek .replied, April or
May.
MOTION by Mrs. Joan G. Reuning, seconded by Mr. Edward W.
King*
RESOLVED, that the Town of Ithaca Zoning Board of Appeals
adjourn and hereby does adjourn the matter of the Karl Ponchalek
Appeal to the September 1983 meeting of said Board of Appeals
with the understanding that the property in question will be in
compliance with the requirements of the Town of Ithaca Zoning
Ordinance by the end of July or early August, 1983.
There being no further discussion, the Vice Chairman called
for a vote.
Aye -.Hewett, Reuning, King.
Nay - None.
The MOTION was declared to be carried unanimously.
Vice Chairman Hewett declared the matter of the Ponchalek
Appeal duly adjourned at 7:58 p.m.
APPOINTMENT OF TWO ZONING BOARD OF APPEALS MEMBERS TO THE CODES
Zoning Board of Appeals
6. January 19, 1983
ORDINANCES COMMITTEE OF THE TOWN BOARD FOR 1983.
MOTION by Mr. Jack D. Hewett, seconded. by Mrs. Joan G.
Reuning:
RESOLVED, that the Town of Ithaca Zoning Board of Appeals
recommend and hereby does recommend to the Town Board the
appointment of Messrs. Henry Aron and Edward W. King to the Codes
and Ordinances Committee of the Town Board for 1983 to serve as
the Zoning Board of Appeals representative thereon,
There being no further discussion, the Vice Chairman called
for a vote.
Aye - Hewett, Reuning, King.
Nay - None.
The MOTION was declared to be carried unanimously,
APPEAL OF RUTH TOPLEY,APPELLANT,
FROM
THE DECISION
OF THE
BUILDING INSPECTOR DENYING PERMISSION FOR
BUILDING PERMIT
FOR A
TWO-FAMILY DWELLING ON AN
EXISTING LEGAL NON -CONFORMING
LOT, AT
246 PENNSYLVANIA AVENUE, TOWN
OF ITHACA TAX
PARCEL NO.
6-54-7-19,
ITHACA, N.Y. PERMISSION
IS DENIED UNDER
ARTICLE XIII,
SECTION
571 OF THE TOWN,OF ITHACA
ZONING ORDINANCE.
Vice Chairman Hewett declared the Public Hearing in the
above -noted matter duly opened at 8:01 p.m. and read aloud the
Notice of Public Hearing as published and as noted above.
The Appeal Form dated January 7, 1983, signed by Ruth
Topley, reads as follows:
"We would like to build a family home on Pennsylvania
Avenue. To make this financially possible we need an apartment
to help subsidize the mortgage payments. With today's high
interest and taxes, it would be impossible without the apartment.
We are also prepared to make off-street parking."
Vice Chairman Hewett invited Mr. and Mrs. Topley to appear
before the Board and explain their Appeal.
Mr. William Topley explained that they would like to build a
house up there so that they would be able to afford to have one
and that he planned on building to all codes and ordinances
except for the apartment.
Mr. King asked if they were- asking for permission to
construct a two-family dwelling since, according to the ordinance
a single-family dwelling is permitted on a legal non -conforming
lot. Mr. Topley responded, yes. Mr. King asked if there were
houses on the lots on either side of the property. Mr. Topley
stated that there was one -- the Eastman house was on the
north-westerly side. Mr. King asked about the, corner lot, with
Zoning Board of Appeals
Mr. Topley responding
Bonanni.
7 January 19, 1983
that it is a vacant lot owned by Sam
Mr. King indicated that he was not clear as to the character
of the neighborhood and asked Mr. Cartee if there were multiple
dwellings in the area. Mr. Cartee responded that this Board has
allowed multiple dwellings up there.
Mr. King asked if the Topleys had submitted a plot plan with
a building permit application. Mr. Cartee stated that they had
not made application for building permit at this time, nor
submitted a plot plan, but that he had advised them that any
proposed dwelling could be no wider than 30 feet in order to be
within the confines of the 10 -foot side yard requirements. Mr.
Cartee pointed out that the -lot is 50' x 120' -- 6,000 square
feet, rather than the 9,000 sq. ft. as required in R-9, however,
it is a legal non -conforming lot, being a part of the Ithaca Land
Company Tract dating from 1895. Mt. Cartee commented that there
was nothing behind the property; the rear of the lot backs up to
the old Railroad bed.
Mrs. Topley stated that they had owned this property for
seven years.
Mr. Cartee stated that Mr. Aron had asked him to check with
owners to see if there were any covenants or restrictions running
with the land. Mr. Cartee stated that he did so and they have
stated that they have no knowledge of any such covenants in their
deed. Mr. Cartee stated again that he had advised them of the
side yard requirements.
Mr. King asked Mr. Cartee if he had any objections or
problems with having a two-family dwelling in this area. Mr.
Cartee stated that he did not so long as the yard requirements
are met and proper parking is provided. Mr. Cartee pointed out
that the two-fami.ly dwelling would have to be built in an up and
down configuration.
Ms. Reuning asked how large the apartment would be. Mr.
Topley responded that it would be two -equal size dwelling units,
built on a slab because of the rock.
Mr. King pointed out that the ordinance does not permit
equal -sized units except under certain circumstances. Mr. King
quoted from Article III, Section 4, paragraph 2, of the Town of
Ithaca Zoning Ordinance, as follows:
"A two-family dwelling, provided that the second dwelling
unit shall not exceed 500 of the floor area excluding the
basement of the primary dwelling unit except where the second
dwelling unit is constructed entirely within the basement area,
it may exceed 500."
Mr. King explained that building an apartment the same size
Zoning Board of Appeals 8 January 19, 1983
as the main unit is not permitted. He asked if the property were
on a slope. Mr. Topley responded that it was not, he would be
building on a slab because of the extent of the rock on South
Hill.
Mr. Hewett noted that the problem is that there is rock in
this area, adding that this is a problem with which everyone is
familiar.
Mr. King asked the Secretary if letters had gone out to all
neighbors in this area. Mrs. Fuller read aloud the names of all
the people who had received notice of this Appeal -- Bonanni,
Eastman, Ralph Iacovelli, Rosica, James Iacovelli, Philips,
Baker, Commissioner Liguori, and Topley.
Mr. Cartee stated that Mr. Bonanni had called him and told
him that he had received Notice and added that he (Cartee) had
explained to him what it meant. Mr. Cartee stated that Mr.
Bonanni had indicated that he had no objections; he was just
calling to get information. The Board indicated its agreement
that it would appear, by his absence, that Mr. Bonanni had no
objections to the request for variance.
i
MOTION by Mr. Edward W. King, seconded by Mrs. Joan G.
Reuning:
I
RESOLVED, that, in view of the fact that there is a problem
with rock in the Pennsylvania/Kendall Avenue area of South Hill,
as well as other areas of South Hill, such that there is
difficulty in creating a basement in the proposed dwelling unit,
and, in view of its isolation, and, in view of there appearing to
be no opposition to this appeal and, therefore, it would appear
to be a special situation, the Town of Ithaca Zoning Board of
Appeals grant and hereby does grant a use variance from the
requirements of Article XIII, Section 57, of the Town of Ithaca
Zoning Ordinance to permit the construction of a two-family
dwelling on a legal non -conforming building lot at 246
Pennsylvania Avenue, Town of Ithaca Tax Parcel No. 6-54-7-19,
together with an area variance from the requirements of Article
III, Section 4, paragraph 2, of the Town of Ithaca Zoning
Ordinance to permit such two-family dwelling to contain two
dwelling, units of equal size, as applied for, provided that all
other other requirements of the Ordinance are complied with.
There being no further discussion, the Vice Chairman called
for a vote.
Aye - Hewett,
Nay - None.
Reuning, King.
The MOTION was declared to be carried unanimously.
Vice Chairman Hewett declared the matter of the
Appeal duly closed at 8:15 p.m.
Topley
S
Zoning Board of Appeals 9 January 19, 1983
ADJOURNMENT
Upon Motion, Vice Chairman. Hewett declared the January 19,
1983, meeting of the Town of Ithaca Zoning Board of Appeals duly
adjourned at 8:15.p.m.
Respectfully submitted,
Nancy M. Fuller, Secretary,
Town of Ithaca Zoning Board of Appeals.
Jack D. Hewett, Vice Chairman.
9
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY, JANUARY 19, :1983
By direction of the Chairman of the Zoning Board of Appeals NOTICE. IS
HEREBY. GIVEN that Public Hearings will be held by the Zoning Board of Appeals
11
of the Town of Ithaca on Wednesday, January 19, 1983, in Town Hall, 126 East
Seneca Street, Ithaca,'N.Y., at the following times and on the following
matters:
7:30 P.M. Appeal of Marjorie P. Markell,: Appellant, from the decision of
the Building Inspector denying Certificate of Occupancy for
premises upon..which is located a single family residence with
attached carport resulting in a side yard less.than ten feet,
at 15 Hillcrest Drive, Town of Ithaca Tax Parcel No. 6-26-4-2011
Ithaca, N.Y. Certificate is denied under Article IV, Section 14,
and Article XIV, Section 761, of the Town of Ithaca Zoning Ordinance,
7:45 P.M. Appeal of Karl Ponchalek, Appellant, from the decision of the
Building Inspector denying permission for the occupancy'of a
single family residence by a family plus three unrelated persons,
at 1410 Slaterville Road, Town of Ithaca Tax Parcel No. 6-58-2-40,
Ithaca, N.Y: Permission is denied under Article IV, Section 11,
paragraph 1, of the Town of Ithaca Zoning Ordinance,
8:00 P.M. Appeal of Ruth Topley, Appellant, from the decision of the
Building Inspector denying permission for building permit for
a two-family dwelling on:an existing legal non -conforming lot,
at 246 Pennsylvania Avenue, Town of Ithaca Tax Parcel No. 6-54-7.
19, Ithaca, N.Y. Permission is denied un der Article XIII, Section
57, of the Town of Ithaca Zoning Ordinance,
Said Zoning Board of Appeals will at said times and said place hear all
persons in support of such matters or objections thereto. Persons may appear.
by agent or in-person,
Lewis D. Cartee
Dated: January 11, 1983 Building Inspector
Publish: January 14, 1983 Town of Ithaca
TOWN OF ITHACA, N. Y. ♦,
APPLICATION
FOR
PERMIT
TO ERECT -ALTER -MOVE -DEMOLISH
A
BUILDING
OR
TO USE PREMISES
2, G,
THE UNDERSIGNED hereby applies for permission to do the following, in accordance witi'4 provisions of the Zoning
Ordinance and other Laws and Regulations of the Town of Ithaca, the State of New York or others having jurisdiction, and affirms. -
that all statements and information given herein are correct to the best of his knowledge and belief:
PROPOSED WORK, General Description ....... 0.0aatl^uC.ti.on.... of ... Nc).r.thara... Hamo.,.Bur. I ingt.oa...�p9C� a]
' 9 '
.
PROPOSED USE or OCCUPANCY .............. R.esideme...-...1�. family .........................................
............
LOCATION of PROPOSED WORK,—(Plot - Plan, over the page, or on a separate sheet)
[ Lt J �
STREET and No, .............. 11 ........ lA.e...D�...7f��J.'....T11,11cr.ezt:... Ax:ive...f.`.�.P`07� �--
.............................................
DISTRICT(ZONE)......................................................... i'............................!............. FIRE LIMITS ........................................
FRONT YARD 95 0.ft
REAR YARD.:.............69......... ........ft.
NEW CONSTRUCTION, proposed (as underscored)
SIDE YARDS ..........2..5•r........................ft. & ........2.
.....................
......ft.
(A) .FIRE RESISTIVE—(B) ORDINARY MASONRY; MILL CONSTRUCTION—(C) FRAME CONSTRUCTION, Firestopped;
FRAME CONSTRUCTION, Not Firestopped; (D) PREFABRICATED; (E) ......NDS tlam
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
ALTERATIONS. MOVING. WRECKING.
DESCRIPTION,— .......................
......................................................................................................................................... .
HEIGHT and AREA, proposed —
STORIES .... ,......... —HEIGHT (Ft.) .... ;I,*% ...... —FLOOR AREA....r,!&Q..............—PER CENT Of LOT AREA .... 43.p.8
Oro
........_
RATIO, LOT AREA PER FAMILY ...iL .......Stj. ft. PER PERSON ...�.�..4..... .. ......Sq. ft. '
COST of PROPOSED WORK,--
... 1.5 x
ORK,—.....5x SQU.o.QQ.....................Actual Bids—Estimated by ...... R0$r..AA....`l.'li.tt1;*..........................................
...........
APPLICATIONS � ED
......... Via. ..................................
v
ADDRESS .5Cl2..41.o...Count...�tr�e.L.�....Zthac.r...i.,.ya DATE
OWNER—LESSEE
...... ................
<7
ATTORNEY—AG E N T
CONTRACT VENDEE
PJ,ANS by
..................Architect...........:.........................................:..:..........................Engineer
............... 0... .................. 1111.................... ............. Owner .........................................0.....6......................111. Builder
................
............ .......... . ..... ........................ I......................... Dealer '..............................................................1111.:1111.....................
_ . ..
WORKto be DONE by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.....................:.......................................................:................................I............... • • •...............................................................
REQUIREDINSURANCE, etc., CARRIED7......................................................................................................................................1:111.:
PLANS APPROVED—by Others--
FIRE
thers—FIRE MARSHAL ................19........ N. Y. DEPT. of LABOR .....................1 .
...............................................................:.................19..................................................:..................................................19........ .
i
PERMIT DENIED
By.......................:.:..:.............................................19........ By .............................. ....19........
Reason............... ................. ................ ::............................................ ...................._ .........
APPEAL, REVIEW, etc, CASE No* ....................................
............................. ........................... .............................. ......................................... ................................................ :...........................
APPEALGRANTED—DENIED................................................................................................................................19
FURTHER CONSIDERATION,—...................................... ..... .......................................................... . ................................ ... .
r.'
...:.................................................................................................................................................................................................01.11..
to
PERMIT ISSUED
By.... 1111 .. DATE z......r ........19.
.. /!�N!`...................
CONDITIONS....................................................................................................................................................
DATA RECORDED
FOR
ASSESSOR,
DATE........................................19........
FOR
OFFICI:
REPORT,
DATE
..................................................19........
............................................................................................................................................................................................................
;
e:l.,tA'
TOWN OF ITHACA, N. Y
APPLICATION
100o`o"`Jr%
FOR
PERMIT
TO ERECT -ALTER -MOVE -DEMOLISH
A
BUILDING
OR
TO USE PREMISES
THE UNDERSIGNED hereby applies for permission to do the following, in accordance wide provisions of the Zoning
Ordinance and other Laws and Regulations. of the Town of Ithaca, the State of New York or others having jurisdiction, and affirms
that all statements and information given herein are correct to the best of his knowledge and belief:
PROPOSED WORK, General Description ....... ('imatructton... .of ... Northorn...HozUtQ.p... Bur.lixl&t.on...15'psciaj
PROPOSED USE or OCCUPANCY ......... ..... Re. aidenaa......... 1 ... famtly........................ .......
...
LOCATION of PROPOSED WORK,—(Plot - Plan, over the page, or on a separate sheet)
STREET and NO ......................... �}' �D�a Z
DISTRICT (ZONE).....................................`.................. i................:...........!............. FIRE LIMITS ..................e.........
FRONT YARD 95 ft
REAR YARD.:.............b0.................ft.
NEW CONSTRUCTION, proposed (as underscored)
SIDE YARDS..........28..........................Et. &......................... .......
.....ft.
APPLICATIONS ED
i
(A) FIRE RESISTIVE—(B) ORDINARY MASONRY; MILL CONSTRUCTION—(C) FRAMIs CONSTRUCTION, Firestopped;
FRAME CONSTRUCTION, Not Firestopped; (D) PREFABRICA'fF.D; (E) ...... NiDX:t�fj,�.,C]...
�ipjllly..............................
ALTERATIONS. MOVING, WRECKING.
DESCRIPTION,—..................................................................................................................... ..........
HEIGHT and AREA, proposed
STORIES .... 1......... —HEIGHT (Ft .)....;t7 ...... —FLOOR AREA... �:0K............ —PEA CENT Of LOT AREA....�.r.8��, ....
�.
RATIO, LOT AREA PER FAMILY ...•h�:�:p �...... sq. ft. PER PERSON ... 2.7�. ..............Sq. ft.
COST of PROPOSED WORK,—
$...z5.x SQU...QQ.....................Actual Bids—Estirrrated by ...... H.O,y..Aa...
Tt��.��,�....................
.................................
L�
OWNER—LESSEE
...... ....... .........
ATTORNEY—AGENT
CONTRACT VENDEE
ADDRESS .502...W.,...Court... Surae.-,....1tha-ca.,... U. -Y., DATE:-JAR-yo
...23.9....................................i9.5s .�.
.....ft.
i
(A) FIRE RESISTIVE—(B) ORDINARY MASONRY; MILL CONSTRUCTION—(C) FRAMIs CONSTRUCTION, Firestopped;
FRAME CONSTRUCTION, Not Firestopped; (D) PREFABRICA'fF.D; (E) ...... NiDX:t�fj,�.,C]...
�ipjllly..............................
ALTERATIONS. MOVING, WRECKING.
DESCRIPTION,—..................................................................................................................... ..........
HEIGHT and AREA, proposed
STORIES .... 1......... —HEIGHT (Ft .)....;t7 ...... —FLOOR AREA... �:0K............ —PEA CENT Of LOT AREA....�.r.8��, ....
�.
RATIO, LOT AREA PER FAMILY ...•h�:�:p �...... sq. ft. PER PERSON ... 2.7�. ..............Sq. ft.
COST of PROPOSED WORK,—
$...z5.x SQU...QQ.....................Actual Bids—Estirrrated by ...... H.O,y..Aa...
Tt��.��,�....................
.................................
L�
OWNER—LESSEE
...... ....... .........
ATTORNEY—AGENT
CONTRACT VENDEE
ADDRESS .502...W.,...Court... Surae.-,....1tha-ca.,... U. -Y., DATE:-JAR-yo
...23.9....................................i9.5s .�.
PIANS by ,•
.............................:.................................Architect .... ........ ..........:. Engineer
...........................................................................Owner ................... ...Builder
..........................................................................
.............................................................................Dealer............................................................ ....
........ ......................
WORKto .be DONE by. ... ........ ......................... ............... ....... ........ .......... ......... .
........... ............. :........... .......................... ............. .....:.................... ................................. ...........................................................
..
REQUIRED INSURANCE, etc.,.CARRIED) .............................................. . .....................
'PLANS APPROVED—by Others—
FIRE MARSHAL' 9.4...... N. Y. DEPT. of LABOR..............................:.............19
.................................:................................................19.......................... :....... :............... .......... ........................ .............19........
PERMIT DENIED
By.......................:.:.::.............................................19........ By ....................... .. ....19........
Reason ......................
APPEAL, REVIEW, etc. CASE No. ....................................
......................... ........................ ........................ .................................. ::............................................... ............
..................................
APPEAL GRANTED—DENIED.:................................................................................................................................... ..........
19......
FURTHERCONSIDERATION,—.............................................................................................
PERMIT ISSUED '
By..FL, 19.v..................DATE°......................k'.
CONDITIONS..........µ'...................................................................................................................................................................
DATA RECORDED
FOR ASSESSOR, DATE........................................19........ FOR OFFICF REPORT, DATE..................................................19........
..................................................................................................................................... ............................ ............................
. e
TOWN OF I THACA
126 East Seneca Street
Ithaca, New York 14850
(607) 273-1747
A P P E A L
to the
Building Inspector
.and
Zoning Board of Appeals
of the
Town of Ithaca, New York
FEE: $7.50
RECEIVED: 21ky 3
CASH - ( ) , ,
u
CHECK -
ZONING: ' - S~
For Office Use Only
Having been denied permission *o for carport as located on lot
at 15 Hillcrest Drive ,.Town of Ithaca Tax
Parcel No. 26-4-20as..shown on the accompanying
9
rfor the stated reason
21PP X0
that the issuance of such permit would be in violation of,
Article(s)
IV
Section(s) '14
of the Town of Ithaca Zoning Ordinance,
the UNDERSIGNED respectfully submits this appeal from such denial and, in
support of the appeal, affirms that strict observance of the Ordinance would
impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows:
The residence on this property with carport was cons.i ucted no late
than 1956. We do not have the exact date. It is the last house on the west
side of Hillcrest Drive at the terminus of Hillcrest Driye. The presence Qf
the carport .does not adversely affect use of the adjoining property
(Candlewyck Apartments) nor does it limit the use of the property nor inter-
fere with access to the rear of the property. Because of the location of the
residence on the lot and set -back requirements in the deed, it would be expen-
sive and difficult to remove the carport and replace it so that it would be
both useful and comply with the zoning ordinance. The carport is incorrectly -
labeled as a "garage" on the attached survey.
Dated: January 5 1983 Signed:
CO
'V946\J
i herc'bv certify to
i
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tri Q6tcv)bE� Mt�v of ►lrLlCRtti4T ^au�gs��°asoN
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NU'I'F: ANY KEVhK)NS IO
THIS NIAt' MUST
Cly\tr'I.1
6V1"I'll SL( AION
7L,�i
SUBDIVISION : OU THE
NEW YOKA S'I':\
i+. EUUCATiO
N LM%
URAWN M0.NzARt
BY SCALE t� _ o
►�A0.To4cE,
.lob NU . el -;L10
711al 1 and a licrnsetl land surveyor, NrIov York Slate• 1ACCllse No, 0.39 im), artd°that this
:11di) col rtact ly dc•linc•aic•s an actual Sun Cy on the ground Heade by ntc or unLlrr my direct
•Ul,crvision, that it was prepared in accordance with the current Cc)dC of practice for land
Itic• Surveys adopted by the New York State Association of 1)roless1011,11 Land Surveyors;
:Ud that I found no vtsihlr rncroachltrL'rlls e•illwr way across propclty lures except as
J14 1W11 hercon.
GEORGE SCHLECHT
VHOFESSIONAL ENGINEER
PRUl E5 EYON
;E of r�rw
JO "oom
G _ y
X
!!o. 57
III
I:
I
an
Hi
1►
383 Deeds, I'niyu 477
George W. Sharpe, Ind., and as
survinving tenants by the en-
tirety,
To
(Luciano A. Lama and Cloria k, °
Lama, husband and wife, as tell -
ants by the entirety
°
e e m o e m e m e m e m s s m m m m m m m m o o e e e m e e m e o m mo m e
x
Warranty Deed
Dated November 29, 1955
Ack. November 29, 1955
Rec. November 29, 1955
at 3 *@40 PM
Con. $1.00 etc.
Conveys..."siutate in the Town of Ithaca, County of Tompkins...
shown as lot 2 on a mapentitled "Revised Map of Hillcrest Sub
Division, Town of Ithaca, NeYe", dated November 1, 1955 made by
L. L. Graham, P. E., which lot is more particularly described
as
follows: Beginning at an iron pipe in the westerly line of Hill.
crest Drive in said Township at the south line of premises conve e
Y
to Seville l:culein by deed of I1C.bcl Co Reulein dated I'lovember 12
1938, and recorded in Liber 26 9
�/ aC Deeds at page 4 030 running
thence south 70 degrees 37 minutes west and along g the south line
Of said Reulein property 184.3 feetto a pipe; thence south
)5 minutes east 106,3 feet to .a pipe;
degrees/ 36 minutes thence north 71 degreesl
east 173.4 feet to the westerly
line of Hill=
crest Drive; thence north 51 degrees 28 minutes west along the
7esterly line of Hillcrest Drive 35.4 feet to a pipe* thence north
'7 degrees 18 minutes west along the westerly line of I;:illcrest
'rive 70.8 feet to the point or place of beginning,
Together with a right of way in counuon with the occul)ants and
wners of lots fronting on said Hillcrest Drive, their distr'
zbutees
id assigns, over and across the said roadway known as Hillcrest
•ive; also the right to.connect with a water pipe now installed
. Hillcrest Drive, which water pipe belongs to George Sharpe;
d with a gas'lipe;
ne therein,
There is also Conveyed hereby y one-half of the roadway knolm as
11crst Driveinlnledi_ately a adjacent to the front of sa'`
ld 'lot,
l;
i
j1{j 1
i •
T
cxrcr,ding frothe :.testct'ly 1 ittc of t;aid llillcre..
i1,;,
Drive to the
� � J
center thereof, but for the sole purpose, however, of granting
power to the said party or the second part, his distributees or
assigns, to dedicate Lhe :Al.—cet to the municipality if and when
11 accepted by U e
Subject to the followin., covenanL;lnd restrieCions which shall
run with the land:
10 That no part of said land be used for commercial purposes,
20 That only a one fainily house shall be erected on said lot,
and that any house or garage erected shall be in keeping with of
\ Ilhomes erected in the same neighborhood.
30 That no house or garage shall be erected within sixty=five
1i:feet of the Tuesterly side of said Hillcrest Drive, to allow for
any required laterals for any septic tank installed,
40 A'eater main connected with a water main of the Ithaca
`.later Department has. been installed at Lhe expense of Ceorge 11,
Sharpe, and a 3/4 inch cooper line taken to said lot and connected
Ilto the required curb stop, Party of the second part may connect
ith the said water main, subject to the rules of the Water Dem
partment of the City of Ithaca, for household use. Party of the
second part may also make connection to a gas line in Hillcrest
Drive, for household use, subject to the rules of the New York
State Electric & Gas Corporation,
1
50 All purchasers of lots in said subdivision shall have right
or ingress and egress to the Trumansburg Highway, subject to the
same rights to th•e public and to the present owners of any lands
V
Joining0
II Together with the right to discharge crater from the lot hereby
onveyed, including eaves and footing drains, inLo a drainage ditch
onstructed or to be constructed by the party of the first part
I
AT a meeting of the Board of
Zoning Appeals of the Town
of Ithaca , County of Tomp -
kins , State of New York ,
held in the Town Office , 108
East Green Street in the City
of Ithaca on August 18 , 1965 .
Present :
David F . Powers , Chairman
Robert N . Powers
C . A . Tilton
William S . Scott , Jr .
In the matter of Application :
of
EDLA BEALD : ORDER
GRANTING
To vary the requirements of the Zoning : VARIANCE
Ordinance of the Town of Ithaca with :
respect to the premises located at :
15 Hillcrest Drive , Ithaca , New York . ;
An application in the above matter to vary
the requirements of the Zoning Ordinance of the Town of Ithaca
for a variance for erection of carport within 5 feet of lot
line and denying permit to build without frontage on an
approved road , with respect to the property located at 15
Hillcrest Drive , Ithaca , New York , having been presented by
EDLA BEALD to the Board of Zoning 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
August 18 , 1965 , and consideration having been given to the
promotion of the health , safety , morals and general welfare
of the community in harmony with the general purpose and intent
of the ordinance and it having been resolved and determined
following such hearings 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 the variance applied for be granted .
David F . Powers , Chairman
Dated : Ithaca , New York
August 18 , 1965