HomeMy WebLinkAboutZBA Minutes 1955-04-28 9 .
The meeting of the Zoning Board of Appeals of the Town of Ithaca
was held on April 28 , 1955 at 5 : 00 P . M. at the town barn. The meeting
was duly publicized in the Ithaca Journal on April 21 , and 22 , 1955 .
The members present were : Elmer Phillips, chairman; Aldus Fogelsanger ;
William Rolston ; and Constnace K . Eberhardt , secretary .
Other persons present were : Harry Gordon, town zoning officer ;
Samuel Peter ; Edward Abbott, Esq . @ Tom Mix ; Rocco Lucente ; Robert Keech;
and Don Lucente .
The chairman called the meeting to order and stated that the first
order of business was to consider the petition of Donald Lucente for an
application to build a storage shed at 332 Old Spencer Road in violation
of Section 21 which prohibits the extension of a non-conforming use without
special approval of the board .
After hearing - the applicant and others in support of the application \
the board unanimously adopted the following resolution :
WHEREAS the applicant needs the shed for the storage of building -
materials ., which he now has outdoors covered with a canvas ; 'a shed would
improve the appearance of the area and cover up the materials in the
yard ; the neighbors would not be adversly affected ; there is a swamp
in the rear and the nearest neighbor is 100 feet away and there were
three footings in prior to the effective date of the ordinance as
attested to by Mr . Keech , who poured the footings ; and
WHEREAS no objections have been expressed to the board and in view
of . the above stated facts there are practical difficulties and an unnecessary
hardship in carrying out the strict letter of Section 21 of the Zoning
Ordiaance ; and
1 �" -
WHEREAS the approval applied for is in general accord with the
spirit of the ordinance and the public will ., safety and welfare be
served and substantial justice will be done if said approval is
granted ; and
WHEREAS the convenience and " prosperity of the community will be
served by the granting of special approval, be it
RESOLVED, that the special approval applied for be and is hereby
granted and an order to said effect shall be entered in the office of
the town clerk .
"
The board then considered the petition of Samuel Peter to build
a lunch room and store for the sale of appliances at King and Danby Road .
After hearing the applicant and others in ' 'support of the application,
the board unanimously denied the petition to build a lunch room and
store in violation of Section 4 (4 ) on the grounds that the board had
no power to rezone the area for a commercial use . The board recommended
to the town board to consider rezening the area surrounding and including
the applicant ' s property as a business district .
The board next considered the application of Tom Mix to erect a
sign in violation of Section 4 (14) of the zoning ordinance . Applicant
wishes to erect a sign 4 X 7 feet to replace an old sign 4 X 6 blown
down by Hurricane Hazel . He states that he is trying to beautify the
area and the new sign will be an improvement . The action of the board
was deferred pending examination of the site by board members .
There being no further business the meeting adjourned:
MEN
Respectfully submitted
Constance K . Eberhardt ,
Secretary .
I