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HomeMy WebLinkAboutZBA Minutes 1967-05-23 81 TOWN OF ITHACA ZONING BOARD OF APPEALS MINUTES MAY 239 1967 A regular meeting of the Town of Ithaca Zoning Board of Appeals was held on the 23rds day of May , 1967 at 7 : 30 P . M .. at the Town Offices , 108 East Green Street , Ithaca , New York . Members of the Board present : Chairman David Powers , Roger Sovocool , Loran Marion , Robert Powers , Zoning Officer Andy Soyring , and Secretary Cheryl S . Beninati . Also present : Mrs . Hazel Long , Miss Pat Long , Michael Turback , Attorney Edward King , John Vasse , Mr . & Mrs . Edward J . Smith . SMITH - 1019 HANSHAW ROAD - APPLICATION FOR VARIANCE Zoning Officer Soyring read the legal ad as published in the Ithaca Journal . This public hearing was called to order at 7 : 30 P . M . Mr . and Mrs . Smith appeared requesting a variance after being denied permission to erect an addition to their present garage due to lack of side yard requirement under Article IV , section 14 . Mr . Smith ' s garage presently meets the 10 foot requirement , but the addition would leave him only six feet . This side yard is adjacent to the country club land , which certain portion of the country club land is not maintained . Findings of Fact : 1 . The proposed use will create no traffic hazard . 2 . The use is not detrimental to the health , welfare and general amenity of the neighborhood . 3 . The proposed use is consitent with the spirit of the Zoning Ordinance . Upon motion by Mr . Marion , seconded by Mr . Robert Powers and carried by unanimous vote , the above application was approved . No persons appeared inopposition to the foregoing . LONG - 1163 DANBY ROAD - APPLICATION FOR VARIANCE Zoning Officer Soyring read the legal ad as published in the Ithaca Journal . This public hearing was called to order at 8 : 00 P . M . Mils . Long and her daughter , Miss Pat Long , had been denied permission to erect a screened porch under Article IV , Section 14 of the Zoning Ordinance . This house is located on the S2 Schickel Road in the Schickel Subdivision and is the only house on this road . It is presently 25 feet from the right of way to the house . This was originally an R-30 Zone , but has since been changed to R-15 which requires 25 foot frontage . Mrs . Long requested permission to erect an 8 X 20 screened in patio with a concrete base . According to the restrictions in her deed , Mr . Schickel has to approve any construction on the premises , but no problem is anticipated in this respect . Miss Long pointed out that the proposed use will serve as an entryway into the house . Findings of Fact : 1 . Due to the orientation of the house , snow tends t "o accumulate at the front door , and it would be advantageous to the' owner to be able to protect the front door from the elements . 2'. The right of way , being 60 feet , and the distance from the proposed addition to the drainage ditch still being 25 feet , it is the feeling of the Board that strict adherence to the letter of the ordinance would impose a wardship upon the applicant . Upon motion by Mr . Powers , seconded by Mr . Sovocool and carried by unanimous vote , the above application for a variance was approved . No persons appeared in opposition to the foregoing . THE GABLES - 919 ELMIRA ROAD - MICHAEL TURBACK - VARIANCE APPLICATION Zoning Officer Soyring read the legal ad as published in the Ithaca Journal . This public hearing was called to order at 8 : 30 P . M . Mr . Turback and his attorney , Edward King , appeared before the Board requesting a variance to operate a restaurant in violation of Sections 18 and 20 of the Zoning Ordinance . The premises , referred to as The Gables , had' previously been approved for a variance for Mr . ' Manos to operate a restaurant . At that time , the ma A objections of the neighbors had been the parking problem , the size of the sign and the probability of roomers . However , Mr . Turback stated that the parking represents no problem , the sign will be lit by reflected light only and shall be in keeping with the exterior of the house , and the upstairs will probably be used as banquet rooms . Mr . Turback also stated thate there will be no exterior changes , additions to or deletions from the present structure . Mr . Turback presented a prospectus report which explained the purpose of the restaurant in detail , the sign detail , the floor plan , the bar detail , and 83. Zoning Board of Appeals Minutes - May 23 , 1967 Page 2 the plot plan of the premises . Mr . Turback pointed out that he is presently looking for an antique bar which could be anywhere from 15 to 25 feet in length , and proposes to use from 8 to 12 stools at such bar . He also pointed out that the parking area will be an asset to the area with old wooden rails , parking spaces at mg1les , and illuminated by gas lights reconverted to electricity . Mr . Turback ' s prospectus report is made a part hereof and incorporated in these minutes as if more fully set forth herein . The following motion was made by David Powerss WHEREAS it has been shown that uniqueness and hardship exist with respect to this subject property and that the granting of the requested variance would not materially affect or change the character of the area and would not in any way be detrimental to the area or property values therein and would fulfill a need of the community and be in conformance with the complete plan of development of the Town . NOW , THEREFORE , BE IT RESOLVED that the requested variance to the Zoning Regulations of the Town of Ithaca be granted , subject to the following conditions : 1 . That the proposal entitled " Turback ' s Old Gables Inn " including the prospectus report with attached sketches , consisting of 9 pages , is made a part of the application . 2 . That the first and second floors may be used for restaurant purposes . 3 . That the bar shall be limited to a maximum of 25 feet with stools provided , and shall be laid out substantially as shown on Figure 5 of the prospectus report . 4 . That the setback of the parking lot shall be the same as the house on the premises . 5 . That a continuous evergreenYedge or planting shall be placed along the west side of the parking area , the minimum height of which shall be four feet . 6 . That no automobiles be allowed to park along the Elmira Road or within any of the entrances or driveways as shown on Figure 5 of the prospectus report . 7 . The sign design and supporting structure as described and shown orinFigure 2 is approved , which sign is not to exceed 12 feet in height above the ground and 16 feet in width . 8 . The location of the sign shall be as shown in Figure 5 . 84 9 . The permit and variance would be null and void in the event that any of the above conditions were broken or held to be invalid or the use of the land and buildings would not conform to uses set forth in the application and the diagrams attached thereto . 10 . .A copy of the Order of the Board granting the variance be filed in the Miscellaneous Records of the Tompkins County .Clerk ' s Office . 11 . This variance will be personally only and cannot be transferred and said variance shall be null and void upon any change of ownership . The above motion was seconded by Mr . Marion and carried by unanimous vote . This meeting was adjourned at 9 : 45 P . M . Respectfully submitted , Cheryl S . Beninati Secretary