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HomeMy WebLinkAboutZBA Minutes 1963-08-12 20 TOWN OF ITHACA ZONING BOARD OF APPEALS AUGUST 129 1963 A . meeting of the Town of Ithaca Zoning Board of Appeals was held at the Highway Building on Monday , August 129 1963 at 7 : 30 P . M . Members of the Board present were : Chairman David F . Powers , Aobert - N . Powers , William B . Norton , William S . Scott and Roger Sovocool . . Also present were Zoning Officer Robert . J . Wells , Mr . L . M . Grey and Mr . and Mrs . Charles Ayers . FIRST CASE : This is an appeal signed by Charles Ayers for a variance in regard to the decision of theZoning Officer denying permission for continued use of a boat house constructed and located at 879 Taughanno .ck Blvd . in violation under Article 4 , Section 13 and Article 14 , Section 75 of The Town of Ithaca Zoning Ordinance . Proof of publication was presented . At the time the boat house was built , Mr . Ayers and Mr . Grey were in agreement as to the location and they both worked on the construction . As a result of disagreements several years later , . a new survey determined that the boat house is located approximately 1361 instead of the required 3 ' from the lot line In addition , due to the fact that the boat house was built without a building permit , Mr . Grey is now protesting the entire proceedure , and Mr . Ayers has filed this appeal to clarify and if possible legalize the existence and use of the boat house in its present location . After considerable discussion and upon motion by Roger S ovocool and seconded by William B . Norton and unanimous vote , the hearing was adjourned until the next regularly scheduled meeting to be held September :9 , 1963 at the same time and place . SECOND CASE : . Present were : H . W . : Staley , Harry Hamilton , Ga rie Mec enberg , Rocco . Lucente , and a large delegation of residents from the Salem Drive area . . Proof of public - ation was read . Application for a building permit for a commerical area in a resident zone was denied under Article 4 , Sections ll and 12 by the Zoning Officer . The appeal was also read and stated " By request of area residents , and the land having been set aside for this purpose by the Town Planning Board request , and to fulfill a neighborhood and commuhity 206 . need , variances to existing use regulations is hereby requested . " After statements by several area residents , Mr . Meckenberg , Mr . Lucente , Mr . Waring , Mr . Hamilton , and Mr . Staley ,, the application for variance was with- drawn by Mr . Staley and Mr . Hamilton . Nineteen letters in opposition to the variance from area resid.ents were received and filed . No action was required by this Board . THIRD CASE : Present were : Mr . Paul Mullenhoff , Mr . and Mrs . Homer DeGraff , Mr . Meckenberg , Mr . Hamilton , . and Mr . and Mrs . Henry . Proof of publication was read. .'' The requested building permit was denied by the Zoning Officer under a Town Policy established by the Town Planning Board under the Sub -Division Regulations . Said denial having been ordered by the Town Board ( Minutes August 6 , 1963 ) after discussion 6f the general problem by the Board . Mr . Meckenberg informed the Zoning Board of Appeals , after examining a copy of the Town Sub -Division Regulations , that application of the above mentioned Town Policy to this proposed construction was neither proper nor equitable , since an approved road exists to service this house and lot , and it is in no way affected by the balance of Mr . DeGraff ' s sub -division . The condition and acceptability of the roads being provided for the remaining sub - division area is an entirely differnt matter . It was also pointed out by Mr . DeGraff ( not verified at the time ) that this sale and proposed construction is only the third incident - of such since the Sub -Division Regulations were adopted by the Town . Upon motion by Robert N . Powers and seconded by David F . Powers and unanimous vote , the appeal for variance to Town Policy was granted . FOURTH CAS_ Present were : Clifford Gray , Mr . Jayne , Jr . , Mr . Jayne , Sr . , Mr . Lovejoy , Mr . Sharp , and re , Harry Gordon . Proof of publication was read . The appeal to the denial of the building permit by Town Officials under Article 4 , Section 14 was read . Application requested permission to roof only an existing concrete patio . ithout extension of the building line toward the street . Tal set -back is no different except in that each time the highway is repaired or widened , due to topography of the area , it is moved toward the subject property . ( Lower side of the road . ) The house next door ( North ) is 4 ft . closer to the highway than the subject property . All neighbors present , or heard from previously , were agreeable to the proposed construction . 20a . Page 2 Zoning . Board of Appeals Minutes - August 12 , 1963 Upon motion by William B . Norton and seconded by William S . Scott and unanimous vote , the requested variance was granted . Meeting adjourned at 10 : 00 P . M . a