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HomeMy WebLinkAboutZBA Minutes 1972-11-07 Vow TOWN OF ITHACA ZONING BOARD OF APPEALS November 7 , 1972 A meeting of the Town of Ithaca Zoning Board of Appeals was held on Tuesday , November 7 , 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 , Jack Hewett , David Cowan ( Zoning Officer) , Reynolds Metz (Assistant Zoning Officer) , Nancy Fuller ( Secretary) . ALSO PRESENT : Mr . and Mrs . Maurice Marion . This meeting was the second adjourned meeting of the Town of Ithaca Zoning Board of Appeals on the Appeal of Maurice Marion , Appellant , from the decision of the Zoning Officer denying permission for a greenhouse at 1431 Slaterville Road . Permit was denied by the Zoning Officer under Art . IV Sec . 12 of the Zoning Ordinance . The Public Hearing was held in the Town Office on Wednesday August 2 , 1972 , and the first adjourned meeting was held on August 9 , 1672 . Mr . Cowan read Resolution 206 , from the Town ' Board Minutes of April 8 , 1968 , as follows : "Resolution 206 - Maurice Marion - Greenhouse Upon Motion made by Councilman Mayer , seconded by Councilman Baker it is resolved to authorize Maurice Marion , 1431 Slaterville Road to start erecting a greenhouse on his property according to specified requirements outlined by attorneys of both parties . Requirements being namely : 1 ) stand not to be removed from present site 2 trees be planted to screen cooler 3 ) seed border area 4 ) put in blacktop to take care of immediate needs ( remainder to be completed after more urgent requirements are taken care of) 5 ) Supervisor Kerr authorized to sign necessary documents approval 6 ) opening of stand for business subject to Town Board approval 7 ) non- conforming use for Marion family operation only ( children of Mr . and Mrs . Marion may operate for 2 years after death of parents ) " There followed discussion of the lawsuit which has been settled between Maurice Marion and the Town of Ithaca . There was discussion of the foregoing Town Board Resolution 206 regarding the specific requirements . It was Mr . Cowan ' s opinion that the Resolution was very poor in its wording . Mr . Cowan then proceeded to outline the case as he saw it . He stated that the cooler is virtually an extension of the building . The cooler is screened . There are fir trees planted . There is a lattice 2 - Zoning Board of Appeals November 7 , 1972 screening which serves as a place for displaying merchandise . The fir tree screening is not really adequate , the fir trees should be placed alternately or staggered since it is possible to look right through them . Mr . Cowan discussed with the Board members the various neighbors and their problems . It was felt that one of the neighbors who lives in the second house down could be viewed as being biased . It was felt that the other neighbors were very reasonable . Mr . Loran Marion stated that he would go along with any recommendations that the other two neighbors who appeared at the Public Hearing might have . Mr . Cowan stated that he had talked extensively with Mr . Maurice Marion . He stated that he would go along with the erection of the second greenhouse in spite of the lack of a permit due to Resolution 206 . He stated that from the center of the road there is a thirty foot right of way . He stated further . that you then go back 200 feet which , he thought , was the pipe line . The most Mr . Marion can get back is 210 feet , and , according to the Ordinance , he must be back 250 feet . Mr . Cowan said that the City has said that Mr . Marion will be back 210 feet from the highway , but he felt (Mr . Cowan) that the City is in error . The main valve that Mr . Marion uses is exactly 250 feet back from the center of the highway . Mr . Marion is using this as a reference point . Mr . Powers asked about the sewer right of way . Mr . Maurice Marion said that they have a ten foot permanent right of way . The sewer line is 200 feet from the edge of the highway . Mr . Loran Marion asked what the footage of the variance might be . Mr . Cowan stated approximately 40 feet . At this point the secretary read the Minutes of the Meeting of August 2 , 1972 , to the members of the Zoning Board of Appeals . The secretary read the original appeal . Chairman Powers stated that the members of the Zoning Board of Appeals must remember that Mr . Maurice Marion is just applying for a permit to build a greenhouse . The talk was always about the general appearance of the stand . We want to remember that these things come out by saying that if this is granted certain other things might be attended to . Mr . Powers said that there are a few things that could be cleared up in order to help Mr . Marion out on the greenhouse question . Mr . Powers asked Mr . Maurice Marion if he would not be w illing to put in a few more trees in order to make a better buffer zone . Mr . Powers asked Mr . Marion just how much it would cost to add some trees . Mr . Marion thought it would be in the neighborhood of $ 200 . Mr . Powers said that some of the neighbors do not ,think that the stand is very attractive . He noted that the lattice work wall that Mr . Marion put in to shield the cooler was being used for displays and for showing more merchandise . Mr . Powers asked if Mr . Marion could not fix that up a little . Mr . Powers continued by stating that he had even heard it stated that the Marions could build a new stand . Perhaps a rustic type stand could be built . Mr . Maurice Marion stated that he had tried to build a new stand at one time but the Town Board denied permission saying that he could Y N v _ 3 _ V ' Zoning Board of Appeals November 7 , 1972 not change the stand . Mr . Marion stated further that the cooler was set up the way it is to conform to regulations . He said that they had spent a lot of money to keep within regulations . Mr . Loran Marion said that he felt that the stand is really not that bad . He stated that he would be happy with just some staggered trees . MOTION by Mr . Jack Hewett : I move that the Zoning Board of Appeals grant a forty foot variance so that Mr . Maurice Marion can build his greenhouse back of the one that is presently standing . Seconded by David Powers . All members present were in favor . The MOTION was carried . Chairman Powers adjourned the meeting at 9 : 00 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , A agu u v David Powers , Chairman Town of Ithaca Zoning Board of Appeals