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Home My WebLink AboutZBA History Combined (83) Zoning Board of Appeals History as of 18.-2-10 904 East Shore Drive Tax Parcels involved, with address if known: 904 East Shore Drive 18.-2-10 with no readdressing or subdivision. Combined with 912 East Shore Drive 18.-2- 8 in 1990. History: 1988 – Height Variance for a tower– Granted 1981 – Use Variance to use existing garage as a home occupation – Granted 1977 – Sign Variance for Antique Shop - Granted OF ITHACA ZONING BOARD OF APPEALS NOTICEIOF PUBLIC HEARINGS MONDAY, MAY 23, 1977 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 under the Town of Ithaca, on Monday, East Seneca Street (second flc times and on the following ma 7:30 P.M. 8:00 P.M. Appeal of Robert F. the decision of the by more than three other occupants in the Zoning Ordinance and Sign Law of May 23, 1977, in the Town Hall, 126 ), Ithaca, N.Y., at the following rs: and Olympia McFall, Appellants, from Building Inspector denying building use inrelated boarders, roomers, lodgers, or two-family dwelling at 235 Coddington Road, Parcel No. 6-i4-7-44, Ithaca, N.Y. Permission is denied, under Article III, Sections 4, p. �a, and Special Permit is reauestedlunder Article III, Section 4, p..62c, of the Town of Ithaca Appeal of David B. Appellant, from the denying sign -permit oning Ordinance. lsby, as agent for Leo M. Wells, decision of the Building Inspector at 912 East -Shore --Drive; Parcel -Now 6-18-2-8, Ithaca, N.JY, XII, Section 54 of Section 19 of Local Permission is denied under Article Town of Ithaca Zoning Ordinance and w No. 1-1972, Said Board of -Appeals willlat said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Lawrence P. Fabbroni Building Inspector Town of Ithaca Dated: May 16, 1977 - Publish: May 18, 1977 I TOWN OF ITHACA ZONING BOARD OF APPEALS Y 23, 1977 A meeting of the Town of Ithaca Zoning Board of Appeals was held in the Town of Ithaca Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., on Monday, May 23, 1977, at 7:30'p.m. PRESENT: Chairman Peter Francese, Jack Hewett, Edward Austen, Lawrence Fabbroni (Building'',Inspector). ALSO PRESENT: Councilwoman Catherine Valentino, Mark Goldfarb, Johann Gebauer, Alan Goodman (Ithaca Journal). Chairman Francese calleld the meeting to order at 7:45 p.m. APPEAL OF ROBERT F. AND OLYMPIA McFALL, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING USE BY MORE THAN THREE UNRELATED BOARDERS, ROOMERS, LODGERS, OR OTHER OCCUPANTS IN A TWO-FAMILY DWELLING AT 235 CODDINGTON ROAD, PARCEL NO, 6-54-7-44, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE III, SECTIONS 4, p. 2a, AND SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III, SECTION 4, p. 2c, OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly opened at 7:45 p1m. Chairman Francese read the Appeal as published and as noted above.) Chairman Francese askedlif there were present any persons wishing to be heard. Ordinance was There were none,. effect Mr. and Mrs. McFall were not in attendance, Mr. Francese suggested that the hearing be adjourned -until 8:00 p.m. on the 14th of June, 1977. Mr. Francese noted that this hearing was duly posted and published and the parties to the action notified as attested to by the Town Clerk and the Secretary by Affidavit. With the concurrence of the Board, Chairman Francese declared the Public Hearing in the matter of the Appeal of Robert F. and Olympia McFall adjourned until June 14, 1977. APPEAL OF DAVID B. BOWLSBY, A THE DECISION OF THE BUILDING SHORE DRIVE, PARCEL NO. 6 -18 - UNDER ARTICLE XII, SECTION 54 SECTION 19 OF LOCAL LAW N0, 1 AGENT FOR LEO M. WELLS, APPELLANT, FROM NSPECTOR DENYING SIGN PERMIT AT 912 EAST -8, ITHACA, N.Y. PERMISSION IS DENIED OF THE TOWN OF ITHACA ZONING ORDINANCE AND 1972. A brief discussion was held by the Board on the above -noted matter since it was not yet 8:00 p.m., the time scheduled for the public hearing. It was noted that the matter concerns an application for sign permit for "East Shore Antiques", located at 912 East Shore Drive, Mr. Fabbroni referred to non -conforming use ever since in 1954. Mr. Bowlsby stated that h he building use and stated that it is a he Zoning Ordinance was put into effect had improved the property. Mr. Fabbroni stated that the Sign Ordinance is not clear on signs for non -conforming uses. He noted that this Board rules on signs in Zoning Board of Appeals I -2- May 23; 1977 a residential area under 25 Planning Board and the Town request for sign approval i area is a residential zone, non -conforming use* sq.ft.; anything over 25 sq.ft. is in.the Board scope of approval, therefore, this before this Board. He stated that the even though this matter is related to a Mr. Fabbroni pointed out that if this sign is approved and put up, the appellant, or his agent,) will have to go to the State for approval of the location that he is proposing:for the sign. The State requirement is that signs must be 660' flrom a State right of way. Mr. Francese noted that the building is set back 45' and the sign is requested for a 15' set back. He stated that the Town set back requirement is met, but the State set back ,is the problem. .Mr. Francese asked#Mr. (Bowlsby how long he has conducted this antique business. Mr. Bowlsby replied that he has not conducted it he opens on June 1st, 1977. IMr. Francese asked if anybody lives in building? Mr. Bowlsby replied that no one lives there. yet the Mr. Francese asked where the premises are located in relation to the Marina? Mr. Bowlsby replied that it is two or three lots south, being the 4th house past the overpass (Route 13). Mr. Francese asked what was there before this new business. Mr. Bowlsby replied that all kinds of things were there -- a bait shop, a restaurant -- all sorts of things. Mr. Bowlsby stated that he has improved the property a lot; he has planted grass and flowers. Mr. Austen queried, "They building is a legal non -conforming use?" Mr. Fabbroni replied, "Yes. He has a legal non -conforming use." Mr. Fabbroni also pointed out thalt the sign, no matter how small it is, is an addition to a legal non -conforming use. Chairman Francese declarIed the Public Hearing in the above -noted matter duly opened at 8:00 p.m., and accepted for the record the Town Clerk's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and thelIthaca Journal on May 16 and May 18, 1977) respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the parties to the action on May 18, 1977. Chairman Francese read the Appeal as published and as set forth above. The Appeal Forms signed by David B. Bowlsby, dated May 9, 1977, and reading as follows, was also entered into the record. "...Having been denied permis residential zone area at 912 and/or UNNECESSARY HARDSHIP a by's can't see it with out a Chairman Francese asked to speak for or against this speak. MOTION by Mr. Peter Fran ionto put up a sign for business in a ast Shore Drive....PRACTICAL DIFFICULTIES follows: Building set back 451, passer- gn." f there were anyone else here present atter. There was no one who wished to ese, seconded by Mr. Edward Austen: RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant permission for the erection of a sign, 2-1/2' x 41, reading "East Shore Antiques" "Used Furniture" "Odd Zoning Board of Appeals -3- May. 23, 1977 Things" as shown on application for sign permit dated May 5, 1977, and located 15' from the highway right of way line on Parcel No. 6-18-2-8, 912 East Shore Dive, Ithaca, N.Y., with the stipulation that said sign may be erected only upon the approval of its location by the New York State Highway Department. There being no further discussion, the Chair called for a vote. Aye - Francese, Austen, Hewett. Nay - None. I The MOTION was declared to be carried unanimously. Chairman Francese declared the Public Hearing in the matter of the Appeal of Leo M. Wells, David B. Bowlsby as agent, duly closed at 8:10 p.m. DISCUSSION A discussion of the matter of occupancy, both violations and requirements, in the Town of Ithaca followed. ADJOURNMENT Upon Motion, the Chair Zoning Board of Appeals dul Peter K. Francese, Chairman Zoning Board of Appeals ff eclared the May 23, 1977, meeting of the adjourned. Respectfully submitted, Nancy M. Fuller, Secretary. Buil and the ] of the Tc TOWN OF ITHACA NEW YORK A P P E A L to the ing Commissioner and of Zoning Appeals n of Ithaca, New York Having been denied permission to � jgAz_40AZ i401J0A-0f.0 MJR ��2� I , Ithaca, .New York as shown on the accompanying Application and/or plans or other supporting documents, '.for-, the- 'stated reason that -the-.issuance of such permit would be in violation of P I C I _ Section(s) i 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 Ordinancle would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDS Dated: ..• I Ithaca, N. Y. P as follows s 197 Z- SIGN APPLICATION AND FEE: $5.00 - APPLICATION PLUS $1.00 PER SQ. PERMIT FT. AREA OF EACH SIGN. APPLICATION DATE• DISTRICT �'� TAX MAP PARCEL # I MWI ADDRESS PROPERTY OWNER ADDRESS LOCATION OF SIGN(S) 1 r"', I 1 0 tt DATE L.EO .So W ELLS TELPHO SIGNATURE ----- - -- -- p ( )APPROVED BY (>e.) DENIED UNDER SEC. _ TI APPEAL ACTION DATE OF APPEAL DATE OF HEARING $25.00 DEPOSIT FOR ADVERTISEMENT OF HEARING. TELPHONE 2 7 � �2 or IF A f 7— seo a & 2Yi 74 — o? — vS�� u Q rV d O D. O • �' ING-BD:-ACTION- DATE BD. ACTION DATE PLANNING BD. ACTION DATE TOWN BD, ACTION DATE