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HomeMy WebLinkAboutZBA Minutes 1966-07-26 55 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 269 1966 A meeting of the Town of Ithaca Zoning Board of Appeals was held at the Town Offices , 108 East Green Street , City of Ithaca , at 7 : 30 P . M . on Tuesday , July 26 , 1966 . Members of the Board present were : Chairman David Powers , C . A . Tilton , Robert Powers , Zoning Officer Anselm Be Soyring and Secretary Cheryl S . Beninati . Also present were : Vincent Franciamone , Murray F . Lewis , Attorney for V . Franciamone , Mr . and Mrs . Maurice V . Marion , Mr . and Mrs . Russell Martin , Bruce G . Dean , Attorney for Mr . and Mrs . Martin , Mr . and Mrs . Robert Sweet , Mr . and Mrs . Rafael Littauer , Noel Desch , et al . FIRST CASE : VINCENT FRANCIAMONE -108 RIDGECREST ROAD -VARIANCE A Second Public Hearing was called to order at 7 : 45 P . M . Zoning Officer Soyring read the legal ad as published in the Ithaca Journal . Mr . Franciamone and his attorney , Murray F . Lewis , appeared before the Board requesting a variance after denial of a building permit to build a subordinate apartment at 108 Ridge - crest Road , which permit was denied due to the fact that the sideline requirement of 40 , was not met , as further stated in the minutes of the June 21 meeting . Mr . Franciamone had already commenced work on the building under the assumption that his original building permit which he had obtained when he constructed the original dwelling was still valid . He applied to the Board for a variance in order to continue construction of the subordinate apartment . After examining the sketch on the reverse side of Mr . Franciamone ' s application , it was discovered that Mr . Franciamone has only six feet on the south side of the present dwelling . Mr . Franciamone had sold the lot which is now 110 Ridgecrest Road , which left him with only 6 feet on that side . He stated that he completed the present dwelling shortly after he sold this lot . The question was raised by Mr . Robert Powers with reference to the Zoning Ordinance requiring a secondary unit to be not more than 50 % of the floor area , excluding the basement , of a primary dwelling . The primary dwelling is now 780 square feet ; the secondary unit is shown to be 520 square feet , exclusive of the carport . 56 Mr . Lewis pointed out in behalf of his client that Mr . Franciamone would not be changing the character of the neighbor - hood and that there were no objectors appearing at the public hearing . Mr . Lewis also felt that there is a hardship present in this case because of the lot size and the ordinance change after Mr . Franciamone had purchased the lot , and that there was a non- conforming use because of the nature of the lot size . The Board members adjourned for ten minutes after which they arrived at the following : FINDINGS OF FACT : 1 . It has not been shown that the situation is unique . 2 . It has not been shown that there is a hardship involved . 3 . The owner may continue to use the property Jin the manner . in which it was intended to be used .. 4 . The granting of the variance is not consistent with the spirit of the Zoning Ordinance . Upon motion by Mr . Robert Powers , seconded by Mr . Tilton , and carried by unanimous vote , the foregoing findings of fact were adopted , and Mr . Franciamone was denied his request for a variance . It was pointed out to Mr . Franciamone by Mr . Soyring , Zoning Officer , that he could request a building permit to convert the partially constructed secondary unit into a garage , which would be permissible under the Zoning Ordinance , SECOND CASE : MAURICE V . . MARION - 1431 SLATERVILLE ROAD This Public Hearing was called to order at 8 : 30 P . M . Mr . Soyring read the legal ad as published in the Ithaca Journal . Mr . Marion had applied for a permit to extend a roadway stand which application was denied under Article IV , Sections 12 and 13 of the Zoning Ordinance . Mr . Marion stated that he wanted to move his stand back from the road and extend the same , which would improve traffic conditions and conform to the character of the neighborhood . However , this would involve the extension of a non - conforming use . Mr . Marion also pointed out the fact that the proposed stand would be located 63 feet from the center of the high. way ; the right . of way is 66 feet ; therefore , the stand would be approximately 30 feet from the right of way . Several residents from the area appeared at the public hearing , in opposition to the granting of the variance . Attorney Bruoe G . Dean , representing Mr . and Mrs . Russell -57 Zoning Board of Appeals Minutes - July 26 , 1966 Page 2 Martin , stated that his clients were concerned about Mr . Marion extending this use and making this area into a large commercial area . Mr . Marion replied that the expansion was merely to provide room for a refrigerator unit which would mean providing his customers with a better quality product . A question was raised as to Mr . Marion ' s greenhouse on his property . However , it was pointed out that this is a permitted use . Mr . Rafael Littauer raised the question as to what the area between the road and the proposed location of the stand would consist of , and Mr . Marion stated that this area would be blacktopped . Esther Martin ( Mrs . Russell Martin ) asked whether the present stand was existing when the 1960 Zoning Ordinance came into effect . Mr . Marion stated that in 1958 it was a small road - side stand and read several letters from neighbors stating that the stand was built prior to 1960 . He also read a letter signed by several neighbors who stated they did not oppose the granting of a variance . Mr . Dean stated that he did not see any unpractical difficulty or hardship in Mr . Marionis application.-iand requested that his application for a variance be denied on this 1m, sis . Upon motion by Mr . Robert Powers , seconded by Mr . Tilton and carried by unanimous vote , Mr . Marion1s appeal for a variance was denied in that it was not shown that there are practical difficulties or unnecessary hardship , other than financial . It was pointed out to Mr . Marion by Zoning Officer Soyring that Mr . Marion is required to move his stand back from the roadway and also reduce the sign to one square foot in area . This meeting was adjourned at 10 : 10 P . M ' Respectfully submitted , Cheryl S . Beninati Secretary