HomeMy WebLinkAboutZBA Minutes 1959-02-12 Minutes of Meeting 7 7
of
Zoning Board of Appeals of the Town of Ithaca
February 12 , 1959 .
Robert Cornelius , Applicant .
Arthur A . Prince , Applicant .
The meeting of the Zoning Board of Appeals of the
Town of Ithaca was held on February 12 , 1959 at 5 : 00 P . M . in
the Town Assessor ' s office at 132 Forest Home Drive as adver -
tised on February 4 , 1959 in the Ithaca Journal . Members
present were : David Powers ; Robert Powers ; Aldus Fogelsanger ;
and Constance E . Cook , secretary . Ben Boynton was also present .
The acting chairman Aldus Fogels €ginger called the
meeting to order and stated that the purpose of the meeting
was to consider the petition of Robert Cornelius for a variance
in requirements of Section 7 of the Zoning Ordinance with
respect to his lot on Taughannock Blvd .
After discussion the board unanimously adopted the
following resolution , upon motion duly made and seconded :
WHEREAS , the side yard is only two feet instead of
the required ten feet and he wishes to rebuild on an existing
foundation of a building which was torn down more than one
year ago , i . e . , 1952 and
WHEREAS , no objections have been expressed to the board
and most of the neighbors have homes similarly located and the
nearest neighbors Egan and D . A . Keefe have filed letters of
approval with the- board . There will be no interference with
light , air , or access of others and the terrain is too steep
to put a long narrow house on the lot and the nearest neighbors
have lots with 120 and 110 foot frontage and in view of the
above stated facts there are practical difficulties and an
unnecessary hardship in carrying out the strict letter of
` Section 7 of the Zoning Ordinance , and
WHEREAS THE Variance applied for is in general accord
with the spirit of, the ordinance and the public will , safety ,
and welfare will be served and substantial justice will be done
is said variance is granted , be it
RESOLVED , that the variance - applied for be and
is hereby granted and an order to said effect shall be
entered in the office of the Town Clerk .
The next order of business was the application of
Arthur A . Prince for a variance in requirements of Section
40 which requires health department approval with respect
to his lot on Five Mile Drive .
In the absence of Mr . Prince and anyone representing
him , Mr . Boynton stated that Mr . - Prince had asked. him to pre -
sent - the following facts to the boards namely , - that because
the weather was improving and because he and his men needed
employment he would like to continue constructing the house
which he had started last year . He had halted construction
because Mr . Boynton had objected to his building without a
building permit or subdivision approval .
After discussion the board adopted the following
resolution unanimously upon motion duly made and seconded :
WHEREAS , no practical difficulties or unnecessary
hardships had been shown and no evidence was submitted showing
that public safety and welfare were secured , and
min
WHEREAS , in considering public safety and health ,
the board determined that the building would be on low land
with possible drainage problems and it would be inappropriate ,
if not illegal , for the board to authorize a permit to build
when the health department which has special responsibilities
and competency in sanitation matters had not approved the
sewage plans , be it
RESOLVED , that the variance applied for be denied and
an order to that effect be entered in the office of the
Town Clerk .
There being no other business , the meeting was
adjourned .
Respectfully submitted ,
Constance E . Cook ,
Secretary .