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HomeMy WebLinkAboutZBA Minutes 1964-08-10 23o TOWN OF ITHACA ZONING BOARD OF APPEALS AUGUST 109 1964 - Members , of the Board present were : Chairman David Powers , Attorney Roger Sovocool , Robert Powers , William Scott , Jr . and Zoning Officer Robert J . Wells . Absent : A . Tilton . Also present was : Mrs . Lillian Keown , Secretary . The Town of Ithaca Zoning Board of Appeals met at the Town Barns on the Elmira Road in the City of Ithaca on August 10 , 1964 for the purpose of conducting public hearings to decide the following matters : FIRST CASE : Hearing as ordered by Justice Harold Simpson , Supreme , Court of Tompkins County for the purpose of develop - ing a sufficient record to be used in rendering a decision on the. appeal of Charles Ayers , Taughannock Blvd , for the continued use of a boat house constructed several years ago without a building permit and too close ( 136 ft . ) to the south side yard boundary of complaintant , Mr . L . . Gray . Minutes of this hearing were taken by Mrs . Lillian Keown separate from and in addition to these minutes . Mr . Richard Mulvey , Attorney represented Mr . Ayers . This hearing was adjourned and scheduled for continuation on September 14 , 1964 at 7 : 30 P . M . at the Town Barns at the request of Attorney Abbott , not present , and Mr . L . Grey , present . This is to allow Attorney Abbott sufficient time in which to prepare his case for presentation . Mr . L . Grey assured the Board , upon request , that he would have an Attorney at the scheduled September 14 , 1964 hearing prepared to handle the case . SECOND , CASE : Present , in addition to the above named of icia Board were : Mr . Lawrence Olds and Mrs . Louise Drake . This hearing was called to order at 8 : 45 P . M . to , consider the appeal of Mr . and Mrs . Olds of 224 Coddington Road who request variance to be allowed to build a 13X24 foot garage attached to their house and located approximately 3rd to 4 ft , from their side yard line and upon undersized lot ( 601 ) ,, the Ordinance requiringY ;a minimum 7 ft . side yard and an 80 ft . minimum lot ( Article X31 , Section 54 ) . Proof of publication was presented and read by the Zoning Officer , Mr . L . Olds presented his appeal aid stated the following facts in support thereof : The majority of the lots in this immediate area are under the established Ordinance minimum widths , the houses having been so located and built prior to the adoption of the 236 Ordinance . His driveway is a joint use driveway with the Drake property next door and is such as to make impossible the use of the existing basement garage which is located at 900 to the driveway because there is not sufficient clear- ance to make - the turn possible . The terrain is not suited to allow placement of a garage on the rear portion of the lot . A companion appeal is scheduled for this Board , this date , by the Drakes , next door neighbors for the same purpose . Mrs . Drake , upon being questioned , indicated she was in favor of this construction . ' There being no other p-ersons present to be heard for or against this proposal and the Board finding that elements of hardship and uniqueness were present as set forth above , and that no detrimental effect to neighborhood character would be established , and that the general purposes of the Ordinance were being promoted ; the application for variance was approved by unanimous vote upon motion by Attorney Sovocool and seconded by Mr . Scott . This hearing was adjourned at 9 : 10 P . M . . THIRD CASE : This hearing was called to order at 9 : 15 P . M . Present were : Mrs . Louise Drake and Mr . L . Olds . After hearing testimony by Mrs . Drake which exactly paralleled that - given by Mr . Olds in the previous case and there being no other persons to be heard for or against this matter , the Board by unanimous vote after motion by Attorney Sovocool and seconded by Mr . Powers adopts .the information and facts as - recorded in thev,' Olds appeal prevously given this evening as being pertinent and to be used as a record in this case . The appeal for variance was approved in this case by motion made by Mr . Powers , seconded by Mr . Scott and by unanimous vote of the Board . The hearing was adjourned at 9 : 25 P . M . FOURTH CASE : This hearing was called to order at 9 : 30 P . M . Present were : Mr . . Robert Baker . This hearing is being held upon appeal of Mr . Robert Baker of 679 Coddington Road who was denied permission to locate a trailer on the rear of his lot at 679 Coddington Road under provisions of Article XIII , Section 59 of the Ordinance by the Zoning Officer . The Toning Officer, _=presented - and read proof of publication of the " legal ad as required . Mr . Baker presented his case to the Board and in doing so , stated the following as pertinent facts and information relative to the matter : The purpose of the request to so locate the trailer is to accomodate his mother- in-law , 79 years old , who now finds herself financially and physically unable to maintain her large home in - Chautauqua County where she resides alone . 237 . Zoning Board of Appeals Minutes - August 10 , 1964 Page 2 The B leers , in Ithaca , are her only near kin and desire to solve.° her problem by this means which would permit her to retain both indepencence and privacy and at the seme time allow her home to be relocated when -and if the Bakers are again forced to move , Mr . Baker teaches Engineering at Rochester and commutes almost daily ; his wife teaches music at Ithaca College . They are desirous of working closer together , probably Rochester , and hence would expect to be relocating in the not to distance future . Mr . Baker stated his belief in the basic premises of zoning and approved of the Tovm of Ithaca attitude toward trailers in general , but felt in this instance , consideration should be granted since he was willing to accept any - conditions imposed by this Board including , but not limited to) a time limit and rehearing at a specified time for - the approval to continue occupancy , and the necessity of immediately removing the trailer should he no ldnger own or reside at the property on Coddington Road , Mr . Baker would expect to invest approximately $ 7 , 000 . 00 in thisc.�: p-- oject and he guaranteed to do so in a manner which would appreciate rather than depreciate this general neighborhood . His home is well above the Town average , valuewise , but other close neighboring properties are well below the Town average . Mr . Baker ' s lot is 147 fte wide and 650 ft . deep and comprises approximately 3 acres . The trailer would be located to the rear of the house , 190 ft , from the road right - of -way and 65 ft . from the side yard line on the north side and 35 ft , from the south side line . The trailer is a 10 ft . X 55 ft . new one and would have an 8 ' X 10 ' addition on the side to allow it as a 600 square foot dwelling as required . It would be so located as to be at least partially screened from abutting residential property by existing trees and shrubbery . The Board recessed for 15 minutes , after Mr . Baker had satisfied questions from the Board , to consider the matter , and after re - convening the Board turned down the appeal for variance upon motion by Mr . Powers , seconded by Mr . Scott and unanimous vote . Mr . Baker protested this action , and the Boards thinking on the matter , it specific reasons for the denial , and the law . as it applies to Zoning Board decisions , were explained to Mr . Baker by various Board members , The Board , in its decision , based the action on the lack of proven hardship or uniqueness as it would relate to the property rather than in a personal nature such as Mr . Baker ' s testimony stressed . The Board also stressed the importance of their not establishing a danger- ous precedence which could cause difficulty town-wide r 238 as regards to the locating of trailer which so far have been successfully limited . There being no further business to be heard by the Board at thi6 time , the meeting was adjourned at 11 : 45 P . M . The next scheduled meeting will be September 14 , 1964 at 7 ; 30 P . M . Respectfully submitted Robert J : . Wells Zoning .Officer r