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HomeMy WebLinkAboutZBA Minutes 1962-12-10 TOWN OF ITHACA ZONING BOARD OF APPEALS DECEMBER 10 , 1962 A meeting of theTown of Ithaca Zoning Board of Appeals was held in the Tower. Highway Building on Monday , December 10 , 1962 at 7 : 30 P . M . Members of the Board present were : : Chairman David F . . Powers , Constance E . Cook , Robert N . Powers , and William S . Scott , Jr . . Also present were * Zoning Officer Robert J . Wells , Supervisor Ben V .. Boynton , Albert Nardi , Roger Sovocool , and Myron Stanton . This is an appeal signed by Albert Nardi of 106 Rosemary Lane for variances in regard to the decision of the Zoning Officer denying permission to build a soda fountain at 108 Rosemary Lane which is now zoned residential . Permit was denied under Article IV , Sections 11 , 129 14 , and 16 of the Town of Ithaca , Ordinance . Proof of publication was presented . ° NrN� In his appeal , Mr . Nardi stated that the School District now owns all the property surrounding his property on Rosemary Lane . Due to this fact , his property has lost its residential value and thereby causing practical diffi - cilities and unnecessary hardships . He also stated that no alcoholic beverages would ever be served in his restaurant . He further stated that he had made an offer the School District in 1956 , but was turned down . He has . not been appro'hhed since that time . Mr . Nardi would have to have a variance on use , as a soda fountain is not a permitted use in a residential zone , and also a variance on lot size and yard requirements , as his lot is onl1Y 60 ' x 1101 and the Zoning Ordinance requires lot sizes of 100 ' x 150 ' in R - 15 zones . The site plan proposes to have gt side yards , 15 ' being the minimum require - ment , and a 10 ' front set -back , 25 ' being the minimum require - ment . A letter fron the City of Ithaca School District opposing the variance was presented . Myron Stantah; of Renwick Heights stated that he felt a business in this area was not warranted . He also . feels that the School District will eventually own this property . Roger Sovocool , representing the Renwick Heights Civic Association , gave the . following reasons as to why this group is opposed to the granting of the variance : 1 ) 2 1 . It is an isolated area and might lead to enforcement problems . 2 . It , might be a disruptive-area as far as the school is concerned as it is so close to the high school . 3 .. ' There is some feeling that it would tend to become a "hang- out " rather than just an eating establishment . Mr . Nardi stated that the students from the high school now go to such places as May ' s Kitchen and the Froz -n-Gold . These places . are not much farther - from the school than his would be . After a brief recess , the motion was made by Robert N . Powers that the application be denied for the following reasons : 1 . It is now being used as a resinence and can continue to be used as a resi. den" ce ; all the surrounding property , except the school , is being used for residential purposes . 2 . No neighborhood or community need for the pro - posed use has been established ; both the Ren- wick Heights Civic Association and. the School District have stated that the proposed use would be detrimental . 3 . The School Board has stated that its present plan calls for the use of this property . 4 . The Greater Ithaca Regional Planning Board has filed a brief opposing the variance on two grounds : a . There is no need for the proposed use , but there will be a need for expan- sion of the school facilities . b . A luncheonette on the proposed site would increase traffic and parking problems . 50 A luncheonette on the proposed site would alter the essential characteristic of the locality which ' is now primarily devoted to residential , school , and park . Seconded by William S . Scott . Carried . Supervisor Boynton appeared before the Board and asked that they make a recommendation on a proposed change in the Zoning Ordinance which would allow public utilities in Business ' A ' zones . They are not permitted at this time , 193 Page 2 Zoning Board of Appeals Minutes -%. - December 10 , ' 196.2 ( coat . ) but are permitted in all other business zones . The Town Board feels that this is inconsistent . The Zoning Board expressed the feeling that they were in agreement with the proposed change . The question of the proposed amendment to Article IX of the Zoning Ordinance was brought up and the Board stated that it stands on the recommendation which it made at an earlier meeting . Meeting adjourned at 8 : 55 P , M .