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HomeMy WebLinkAboutZBA Minutes 1972-10-18 10 Z i" ' TOWN OF ITHACA ZONING BOARD OF APPEALS October 18 , 1972 A meeting of the Town of Ithaca Zoning Board of Appeals was held on Wednesday , October 18 , 1972 , at 7 : 30 p . m . in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York . PRESENT : Chairman David Powers , Loran Marion , Roger Sovocool , David Cowan ( Zoning Officer) , Reynolds Metz (Assistant Zoning Officer) , Nancy Fuller ( Secretary) .. ALSO PRESENT : Mr . and Mrs . Robert Avery , Mr . Arthur Golder , Sr . PUBLIC HEARING - ROBERT AND NANCY AVERY : A Public Hearing was held to hear the appeal of Robert and Nancy Avery , Appellant , from the decision of the Zoning Officer denying permission for locating garage forward of front line of house at 1217 Mecklenburg Road , Parcel No . 2.8 - 2- 4 , Town of Ithaca , New York . Permit is denied by the Zoning Officer under Art . IV Sec . 13 of the Zoning Ordinance . The Public Hearing was called to order at 7 : 40 p . m . by Chairman Powers . Mr . Cowan stated that the Notice of Public Hearing had been duly published in The Ithaca Journal on October 14 , October 16 and October 17 , 1972 . The Secretary read the legal advertisement . Mr . Cowan read the Appeal as follows : "Having been denied permission to locate garage in front of house line at 1217 Mecklenburg Road , Ithaca , N. Y. as shown on the accompanying application and / or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of Section 13 of the Town of Ithaca Zoning Ordinance , the undersigned respectfully submits this appeal from such denial and , in support of the appeal, affirms that strict observance of the Ordinance would impose practical difficulties and/ or unnecessary hardship as follows : Because of the pitch of the land toward the east lot line it would necessitate a build up of 4 to 5 feet of compacted earth in order to lay a drive to the garage if it had 'to be placed on the east side . " Mr . Sovocool asked Mr . Cowan exactly what is the violation that requires a variance by the Zoning Board , Mr . Cowan stated that Section 13 is in violation , although it is not clearly spelled out in the Ordinance . Mr . Golder stated that it was he who designed the addition of the garage and living area . The garage will be in front of the existing house line . He further stated that he had read the Ordinance and had no intention of any violation . The land has a very deep slope and the proposed design is the only way to allow a garage . The total area of the house and attached garage will be 69 ' , the garage being 2. 1 ' and the house being 6 ' longer . The house was originally 42 . Mr . Sovocool stated that it is therefore an addition that you are proposing . Mr . Golder agreed . Mr . Golder continued and stated that in order to construct a garage using a different approach , it would be necessary to build a 514" • - 2 - Zoning Board of Appeals October 18 , 1972 retaining wall and to compact gravel fill the entire area . It would require about 750 cu . yds . of gravel fill at a cost of $ 2 , 000 to $ 3 , 000 . There was further discussion of the Ordinance and its require - ments as they relate to the proposed addition . Mr . Marion stated that there is a hedgerow of trees that blocks the view of the Avery house from the neighbors . Mr . Cowan explained to the members of the Board of Zoning Appeals that his problem lies in the fact that if somebody cameto him with this set of plans for a house and garage with a side yard of 47 ' on one side and 36 ' on the other and a set back of 63 ' from the front line , he would indeed give this person a building permit . It is when a house exists and then someone wants a garage forward of the front line of the house that a variance is required . There was discussion of the attractiveness of the proposed house and garage extension . Mr . Sovocool expressed his desire to have Mr . Cowan forward a memorandum to Peter Francese , the Planning Consultant , to the effect that the new ordinance be worded so that a problem such as this one will not come up . Mr . Golder stated that 64% of the house will still be visible . Mr . Sovocool stated that essentially the size of the house will be doubled which is a substantial improvement . It was MOVED by Mr . Loran Marion that the Variance be granted as applied for on the basis that : 1 . Application cannot possibly hurt any neighbor . 2 . House still has considerable set back even after construction - 63 ' minimum , which is more than most . 3 . There will be no harm to the view of the neighbors . 4 . This is considered the most reasonable use of the land and hardship can occur by any other use . The MOTION was seconded by Mr . Roger Sovocool , and passed unanimously . PUBLIC HEARING - JOHN BROMINSKI : A Public Hearing was held to hear the appeal of John Brominski , Appelland , from the decision of the Zoning Officer denying permission for building a home on a portion of an existing lot at 161 Ridgecrest Road , Parcel No . 45 - 2 - 17 , Town of Ithaca , New York . Permit is denied by the Zoning Officer under Art . V Sec . 23 of the Zoning Ordinance , Mr . Powers opened the second Public Hearing of this meeting , at 8 : 20 p . m . Mr . Cowan stated that the Notice of Public Hearing had been duly published in The Ithaca Journal on October 14 , October 16 and - 3 - Zoning Board of Appeals October 18 , 1972 October 17 , 1972 . The Secretary read the legal advertisement . Mr . Cowan read the Appeal as follows : "Having been denied permission to build a home on a portion of property at 161 Rid ecrest Road , Ithaca , N. Y . as shown on the accompany- ing application and/or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of Section 23 of the Town of Ithaca Zoning Ordinance , the undersigned respectfully submits this appeal from such denial and , in support of the appeal , affirms that strict observance of the Ordinance would impose practical difficulties and / or unnecessary hardship as follows : This area although . zoned R- 30 , is served by sewer and water , is expected to be re - zoned comparable to present R- 15 - more than approximately 100 ' frontage is a waste of land . " Mr . Cowan outlined the background to this appeal by stating that Mr . Brominski is requesting permission to build a home on a portion of an existing lot owned by Douglas Fullagar at 161 Ridgecrest Road . Mr . Cowan stated that he had denied an application for building permit because Section 23 requires that in an R- 30 Zone the lot size must be 30 , 000 sq . ft . , or approximately 150 ' by 200 ' . Mr . Fullagar ' s lot is approximately 317 ' by 2081 , or approximately 66 , 000 sq . ft . The portion of that lot that Mr . Brominski wishes to build upon would be approximately 100 ' by 168 ' , or 16 , 800 sq . ft . This would mean that the proposed lot is less than that required for R- 30 and more than that required for R- 15 . Mr . Marion asked if the remainder of the lot that would belong to Mr . Fullagar would be large enough for R- 30 . Mr . Cowan replied that it would be - approximately 45 , 000 sq . ft . Mr . Powers stated that it was his feeling that the Zoning Board could not act at all because Mr . Brominski does not own the land . Mr . Sovocool agreed and stated further that it is the preference of the Zoning Board to have the owner make an appeal . There was a lengthy discussion of past experiences of the Zoning Board as to presence of owners , criteria for variance requests , etc . There was also discussion of the new proposed Zoning Ordinance of the Town of Ithaca . It was decided that a question of re - zoning is not within the powers of the Zoning Board and further that considerable criticism of the Zoning Board could be levied if they should rule in anticipation of the new Ordinance . It was suggested that Mr . Cowan should discuss with the Town Board a recommendation from the Zoning Board that upon the availablility of sewer and water , the area be officially re - zoned to R- 15 , regardless of the ordinance . It is the feeling of the Zoning Board that there can be no end to this particular kind of request for splitting up lots in anticipation of zoning changes . It was MOVED by Mr . Roger Sovocool that the request for a variance by Mr . John Brominski be denied on the grounds that it does not comply with the Zoning Ordinance . The present and existing Ordinance of the Town of Ithaca requires 30 , 000 sq . ft . in an R- 30 zone and , there - fore , the Zoning Board of Appeals cannot allow smaller lots to be created under the existing Zoning Ordinance , The MOTION was seconded by Mr . ran Marion and passed unanimously . Zoning Board of Appeals October 18 , 1972 The following RECOMMENDATION was made by the Zoning Board of Appeals to the Town Board of the Town of Ithaca : The Zoning Board of Appeals . of the Town of Ithaca strongly recommends that the Town Board of the Town of Ithaca take prompt . action on the Zoning Ordinance to provide that in any case where there is a change in the availability of water and sewer those areas at that time zoned R- 30 can - be immediately Zrrted to R- 15 . PUBLIC HEARING - DAVID J . WILSON : A Public Hearing was held to hear the appeal of David J . Wilson , Appellant , from the decision of the Zoning Officer denying permission for a certificate of . compliance Re : lot line at 126 Burleigh Dr . , Parcel No . 72- 1 - 1 . 194 , Town of Ithaca , New York . Permit is denied by the Zoning Officer under Art . IV Sec . 14 of the Zoning Ordinance , Mr . Powers opened the third Public Hearing of this meeting , at 8 : 40 p . m . Mr . Cowan stated that the Notice of Public Hearing had been duly published in The Ithaca Journal on October 14 , October 16 and October 17 , 1972 . The Secretary read the legal advertisement . There was no official appeal to be read , the official communication being a request for a Certificate of Compliance to the Zoning Officer made by James V . Buyoucos , attorney for the buyer , Clinton L . Baker . Mr . Cowan outlined the background to this appeal by stating that a young couple bought a house from Malcolm Hunter ,) - Mr . and Mrs . David J . Wilson - at 126 Burleigh Drive , and then they were transferred so they made arrangements to sell the house to Clinton L . Baker . The attorney for Mr . Baker is James V . Buyoucos . In order to obtain financing from the Bank a Certificate of Compliance on the lot is required by the Bank . The house line is less than 15 ' from the edge of the lot . Mr . Cowan stated that he issued a Certificate of Compliance for this property noting the exception of the lot line "which appears to be less than 15 ' This was not accepted by the Bank . Mr . Buyoucos requested a survey . The request for a variance is now submitted . Mr . Thomas G . Miller , Land Surveyor , submitted a Surveyor ' s Tape Check Certificate to Mr . Buyoucos which reads as follows : " Building set back from east property line appears to be slightly less than 15 feet ( 14 . 7 plus or minus , or , 14 . 8 plus or minus ) by our tape check . However , an instrument survey of the property would be required to determine this distance exactly . It might turn out to be 15 feet o . k . , but I can ' t be sure with just a tape check and not an instrument survey . " It was Mr . Cowan ' s opinion that because the Engineer shows the lot line to be so close to the 15 ' required that a Certificate could be given . He further stated that Buyoucos and Barney , attorneys , will be satisfied with a ruling from this Board , i . e . , a slight variance . A variance would be the best approach . Mr . Marion asked if the Wilsons �had requested a variance . Mr . Cowan stated that they had because it takes a variance in order that he Zoning Board of Appeals October 18 , 1972 may issue a Certificate of Compliance . There was further discussion of the wording of the request and whether or not the Board agreed that it was a request for a variance . The Board decided_ that it was indeed a request for variance . However , Mr . Sovocool suggested that particular attention should be paid to the wording of the Notice printed in the paper . He felt that the wording should be tightened up . And further , it was repeated that the owner of any property that requires a variance must make the application . It was MOVED by Mr . Roger Sovocool that the Appellant , David J . Wilson , be granted a Variance since the side yard is within 6 " or less of complying with the requirements of Section 14 of the Zoning Ordinance , and further , that it appears that if an error were made it was the error of the builder a number of years ago , and further , that the Zoning Officer shall be allowed to issue a Certificate of Compliance . The MOTION was seconded y Mr . Lora Marion and passed unanimously . Mr . Cowan asked the Secretary to read a letter from the New York State Board of Social Welfare , 1450 Western Aenue , Albany , New York , 12203 , from Mr . Baldwin Maull , Chairman , dated October 11 , 1972 , as follows : "We are all aware of the mounting need for facilities to accomodate children excluded from normal community life . Disturbed and retarded children , who cannot live at home , are among this group . So also are youngsters who come before the courts because of anti - social behavior or because their homes are so disadvantaged by reason of broken families or socio - economic factors that the child simply has no natural family life . This is why the State Board of Social Welfare is seeking your cooperation and assistance in helping voluntary and government agencies expand family- type group living programs for some of these young people . At present substantial sums of government money are being spent on institutional and foster care of children . In some cases the rehabilitation and preventive services these kinds of programs provide do not achieve the results desired . A highly successful alternative for the case of children in these circumstances is family- type group living . Here children live in a home with house parents who care for them just as though they were their own children . However , in order for family- type group living programs to expand , there must be sympathetic understanding and active cooperation on the part of those in authority . We have learned that where this exists these facilities can be developed without complications , and are accepted by the community . Reasonable care should be used by government and voluntary agencies in site selection in order to obtain the fullest possible neighborhood acceptance . In asking for your understanding and assistance in helping to make more family- type living opportunities available to children , the Board stresses that there is no tragedy greater than that of a child deprived Zoning Board of Appeals October 18 , 1972 of a meaningful life . Here we have the opportunity of helping to resolve a special problem in a direction that is new and encouraging . " The foregoing communication was duly noted by the Zoning Board of Appeals of the Town of Ithaca . Mr . Sovocool suggested that Mr . Cowan forward this letter to Mr . Peter Francese , the Town Planner , and that Mr . Francese be informed that the Zoning Board is willing to be approached for requests to give special permission in such cases . The meeting was adjourned by Chairman Powers at 9 : 00 p . m . Respectfully submitted , Nancy M. Fuller Secretary . AM OWN OF ITNµFARING ;Orl OFPDBLIC ,,fey ,3� av<?st►Krr + APB c r �EOF. t'f)BL(f tGEpErs J y ?ONI�G BOARD OF APPEALS tay'; d^fLYasDtDARDOF t f"le Chair: a2i o[ the Zoning xk � „ ,�,'.,�' . I1he.ZonmB_+ gy- direcuonals notice is hereby gryeyrdot em that a ., Board of APP ' theZoniongtheTown g � tio° 7� goatdof , publichearmgwipbeih�ldOrdinance � ; ootue . ZatunB r 1972 at 7 :30 '.Bow ' ' o Town" Appeals under the Zo g publichr?rmg.wiU � .Ordinanceot Ut_ l8th day of OEy,tureen Street. dpder the' bp1i I I at 7:3D of Ithac the Town Office. llo matters: A Pew .00 t ik 11BUth.day of:fkW Street.; p.m. m o Ithaca TovrtigOfG a l08 East G[een Ithaca. New' York on the following elu ant. p m; m ttr mallets;_ Avery. APP t NngYoekonlHefolkwing ' Appeal of Robert & Nancy.. Officer denYmg thaca ; �^ :- n is w 3 Av`� rApPellaaL1 ery arage forward d Permit is Appeal ot.Rohert t Ki° D((icerdenyitig ` from the decision of the Zoning �ro��e dectsIonPfr(peZonu!g g g fission for 1217 locating at per an a 12171°Mec�kle burg Rd Permit is t n`' a by the Zoning Offic tr under Art. IV Sec. 13 l iie.ofhoaroe. r AR;IV Sec, 13,, denied Ordinance ellant. from the denied by the Zoouig Oftiaec,,ande :..', ' .. of 4 e Zoning of ohn Brommski. APP ermission n ordinance inn OftiorCon of an existing lot ppe�aI ofJohn Brommski:Appellant: rtrotims on' decision of the on a P v the Of the Zoning OtEicei denying pe, for building rest Rd. Permit is denied b, decision of be rtlonol.anexistinglot at 161 Ridg t' is for building a hone on.a W Zoning Officer under Art. V Sec. 23 of the Zoning - at 161 Ridgecrest Rd.:P.ermit . u[ihe ning.' Appellant. from the ZaninBOfticerunder "Art..VSec.,2 oft , . Ordinance. J Wilson. ApP ' . ermission Appeal o[ D. OtficerdemingP . 96, ordinance. r? ' p Uant.. from the Nance Re: lot line at 1_ rmission decision ti the Zoning denied by the Zoning Appeal of D. J Wilson.;-A pnYingPe (or a certificate of comp t the Zo decision of the Zoning liance Re: lot line at 126+ gurleigh Dr. Permit is n!ng for a ce rtify ate of c0rapp denied b . .the Zoning. officer under Art. IV Sec. t4 0 l4 . the Zoning Ordinance. David W. Cowan gtirleigh : N Sec.. � ZonIngOfficer Officer under` Art Ordinance David W Cowaii Zonmgofhcer Dated t0-11-72 paled 10 1172 ` Published: l0 14. 16. 17 '72 '.PnnBsltea: io=ta l6. t2-'� ,. . Legal Notice ' TOWN OF ITHACA 1 NOTICE OF PUBLIC HEARING ZONING BOARD OF APPEALS !+ By direction of the Chairman . of the Zoning Board of Appeals, notice is hereby given that a —1 public hearing will be held by the Zoning Board of ! Appeals under the Zoning Ordinance of the Town of Ithaca on the 30th day of August, .1972 at 7:30 j P.M. in the Town Office. 106 East Green Street, Ithaca, New York on the following matters : Appeal of R. Weiner, Appellant. from * the decision of the Zoning Officer denyingpermission for Removal of Sub-Soil at 335 Bostwick Rd. - 32-2- 6. Permit is denied by the Zoning Officer under 1 Art. XIII Sec. 70 of the Zoning Ordinance. Appeal` of Morse Chain Div. of Borg-Warner j Carp Appellant, from the decision of the Zoning . Officer r denying permission for use of former P & C Structure at Judd Falls Rd. Permit is denied by the Zoning Officer under Art. VII Sec. 34 of the Zoning Ordinance. ' DavidjW. Cowan Zoning Officer Dated 8-22-72 - Aug. 25, 26, 28, 1972