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TOT-IN OF ITTIACA
ZONING ?30ARD OF APPEALS
May 17, 1976
A meeting of the Town of Ithaca Zoning Board of Appeals was
held in the Town of Ithaca Town Hall , 126 East Seneca _ Street ,
( second floor ) , Ithaca , rT . Y . on Monday May 17 , 1976 , at 7 : 30 p . m . .
PRESEITT : Chairman Peter Francese , Eduard King , Edward Austen ,
Jack Hewett , Laurene Ripley , Lawrence Fabbroni ( Building Inspector ) .
ALSO PRESENT : Mr . and r4rs . Steve Schneeweiss , 11r , Albert C .
Neimeth , Por . Frederick F . Horton , r1r . Bruce Abbot ,
Chairman Francese called the meetin to order at 79. 33 p . n .
APPEAL OF CAROLE SCH1NEETIEISS , APPELLAIIT , FROM THE DECISION OF THE
BUILDING I141SPECTOR DENYING CERTIFICATE OF COMPLIANCE BECAUSE OF SUB-
STANDARD SIDE YARD AT 113 PARI: LANE , TAX PARCEL NOe 6 - 5 " - 1- 8 . 42 ,
ITHACA , N . Y .' P?�;IvussIom IS DENIED BY THE BUILDING INSPECTOR UNDER
ARTICLE IV , SECTIOTt 14 , or THE . ZONING ORDINANCE ,
Chairman Francese declared the Public Hearing in the above-noted
matter duly opened at 70* 33 n . m ;
Chairman Francese presented the Appeal . raorm , copies of which had
been previously mailed to the members Of the Board . Par . Francese
noted for the record the Town Clerk ' s Affidavit of , Posting and . .Publi-
cation of the Notice of Public Hearings in the down Hall and the
Ithaca Journal on May 12 , 1976 .
P1r . ' Fabbroni introduced Mr . Albert C . Neimeth who was represent-
ing Mr . and Mrs . Schneeweiss , Mr . Neimeth stated that fir . and Mrs .
Schneeweiss purchased the house at 113 Park Lane in Eastern Heights
I
n November of 1968 under Building Permit # 1178 dated May 21 , 1968 ,
issued to Norman Jordan , Mr . Neimeth stated that at that time there
was no paved driveway and no carport . On November 30 , 1971 , under
Permit 01506 , Mr . Schneeweiss received a building permit to construct
a garage . The Builder named was McCarthy . I,Ir . Neineth stated that
Mr . and Mrs . Schneeweiss have moved to Cazenovia , N . Y . and they
wish to sell their house . On April 29 , 1976 , Thomas G . Miller ,
Engineers and Surveyors issued a Tape Check Certification which in-
dicated that the garage is located 1 . 3 ' short of the side yard
requirment . ( See Appeal Form attached to Official Copy df these
Minutes filed in Town Office ) . P:Ir . Neimeth noted that there is no
way for Mr . and Mrs . Schneeweiss to sell their house without a cer-
tificate of compliance from the ToiAm Building Inspector .
Mr . Francese asked if the neighbors had all been notified of thi .
Public Hearing , The Secretary ' s Affidavit of Service by Mail of
Notice of Public Hearing T,-aas presented for the record . It was noted
that no one had appeared in opposition to this request for variance .
Mr . I:ing asked that the record show that the violation consists
of the southwesterly portion of the garage and carport being 8 . 7 '
from the south line of the parcel which is a side line . This violate %
Zonincl Board of Appeals - 2 - li.3y 17 , 1976
the Town of Ithaca Zoning Ordinance by being 1 . 3 ' closer to said side
lot line than is required .
MOTION by Mr . Edward I: inq , seconded by PIr . Jack Newette
t•?HEREAS , ., the appellant has found through an official tape check
that the garage in question was built ? . 7 ' from the lot line and not
more than the 10 ' requirement on which basis the permit # 1506 ivias
issued , and
TIHEREAS , it appears that the appellant was unaware of this
error and violation of law until the very time of her personal dis -
covery of same , and
TA?HEREAS , . lack of a Certificate of Compliance because of the
violation in question would make the sale of the premises impossible ,
UOTI , THEREFORE , BE IT RESOLVED . that the Zoning Board of Anpeals
of the . Town of Ithaca grant and herebv does .grant a variance to the
Town of Ithaca Zoning Ordinance recruirements varying the side lot
requirement of 10 ' to permit the issuance . of a Certificate of
Compliance for Parcel '46 - 57 - 1 - 0 . 42 with the garage located 3 . 7 ' from
said side lot line .
There being no further discussion , the Chair called for a vote .
Aye - Frandese , King , Hewett , Rinlev , Austen .
Nay - None .
Chairman Francese declared the MOTION duly carried unanimously .
Chairman Francese declared the Public Hearing in the matter of
the Appeal of Carole Schneeweiss duly closed at 7040 p . n .
APPEAL OF FREDERICK F . HORTQN , APPELLANT , FRO11 THE DECISION OF THE
BUILDING INSPECTOR DENYING PERMIT FOR SIGN EXCEEDING T*10 SQUARE FEET
A?' 22I PiAPLE AMRIUE , I ?'TIACA , N . v3 PRRr1IT IS DE141ED BY '_T'IIu BUILDING
INSPECTOR UNDER .SECTION 6j PARAGRAPH ( c ) OF THE ^lOTM4 OF ITHACA SIGN
ORDINANCE , LOCAL LAr ] NO . 1 - 1972 .
Mr . Fabbroni presented the Town Clerk ' s Affidavit of Posting
and Publication , the Secretary ' s Affidavit of Service by Pgail of
Notice of Public Bearings and a Sign Application form togQther with
fee from Mr . Fred Horton of 221 Maple Avenue , Mr . Fabbroni stated
that Mr . Horton has a sign on his premises which has been there for
about 10 years which states that he has African Violets for sale .
Mr . Fabbroni stated that the sign violates the sign law because there
is no permit and it is over - sized. by . 80 sq . ft .
MOTION by RLr . Peter Francese , seconded by Mr . Jack Hewett .
RESOLVED , that in light of the fact that Mr . Horton has applied
for a permit to maintain a sign on his premises at 2. 21 Maple Avenue
where he has grown African Violets for many years , the Zoning Board
of Appeals of the Town of Ithaca hereby grants a variance to the
ToiAm of Ithaca Sign LaT.7 allocaing 11r . Horton to continue to have his
sign which is 2. . 88 sq . ft , in size rather than the required 2 sq . ft .
There being no further discussion , the Chair called for a vote .
Zoning Board of Appeals - 3 - May 17 , 1976
Aye - Francese , Hewett , Ripley , Austen , King .
Nay - None .
The Chair declared the MOTION carried unanimously .
Chairman Francese declared the Public Hearing in the matter of
the Appeal of Frederick F . Horton duly closed at 7 ; 45 p . m .
APPEAL OF ITHACA ELM—MAPLE HOUSES , INC . , ABBOTT ASSOCIATES , APPELLANT ,
FROM THE DECISION OF THE BUILDING INSPECTOR. DENYING PERMIT FOR SIGN
EXCEEDING TWO SQUARE FEET AT MAPLE HILL APARTMENTS , 301 tAPLE AVEIAJE ,
ITHACA , N . Y . PEPJIIm, , IS DENIED BY THE BUILDING INSPECTOR U1D1DER SECTIO':'
6 , PARAGRAPH ( c ) OF THE TOWN OF ITHACA SIGN ORDINANCE , LOCAL LAN NO .
1 - 1972 .
Mr . Fabbroni presented the Town Clerk ' s Affidavit of Posting and
Publication , the Secretary ' s Affidavit of Service by rail of Notice
of Public Hearings and a Sign Application form together with fee from
Abbott Associates , Ithaca Elm-Maple Houses , Inc . ,, 301 Maple Avenue ,
Mr . Horton , a neighbor of the Housing Complex was present and
had no objection to the sign .
Pair . Fabbroni noted that the sign is in place without _ permit and
is over - sized ' - - 4 . 33 sq . ft .
Mr . King stated for the record that this is a two -part sign .
which is faced to the north side of the northerly building in the
Maple Hill Apartment complex and said sign sits back a good 50 ' from
the roadway and is not visible without careful scrutinization from
the roadway .
MOTION by Mr . Peter Francese , seconded by Mr . Edward King *
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
hereby grants a variance to Ithaca Elm-Maple Houses , Inc . for their
existing signs on the northerly building of said building complex ,
said signs in total to be no larger than 4 . 33 sq . ft .
There being no further discussion , the Chair called for a vote .
Aye - Francese , Hewett , Ripley , King , Austen .
Nay - None .
The Chair declared the MOTION to be carried unanimously .
Chairman Francese declared the Public Hearing in the matter of
the Appeal of Ithaca Elm-Maple Houses , Inc . duly closed at 7 * 50 p . m .
ADJOURNMENT
Upon Motion , the Meeting was duly adjourned at 7 * 51 p . m .
SUGGESTED MEETING DATES
Mr . Fabbroni suggested that the Zoning Board of Appeals meet on
the 4th Monday of the month . The Board agreed to try this time
schedule .
Zoning Board of Appeals - 4 - May 17 , 1976
CONSIDERATION OF THE CHARGING OF A FEE FOR VARIANCE APPLICATIONS .
Mr . Edward King requested an opinion from the Town Attorney as
to the feasibility of a fee of $ 50 . 00 to $ 100 . 00 to accompany a
variance application . The Board members agreed that this question
should be pursued .
Respectfully submitted ,
Nancy M . Fuller , Secretary .
Peter K-, Francese , airman
Zoning Board of Appeals
AFFIDAVIT O£ SERVICE' BY MAIL ; .
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STATE .OF NEW : YORK -1. .. .
e
COUNTY :. OF '::TOMPKINS I.. SS o
: s
Nancy. M ; Fuller , being duly '. sworn -v. deposes, and says L that,.
deponent i:s not. a 'party- to the :actions ® Is over 21 •years of age :
and resides at 316 ' Turner, Place® Ithaca g ' New 4 . York .
.: . Thiat4 ' on _ the , 12th' ; day '' of May , , .. 197,67' . ' , deponent served. ,the ±
s
V ' th n " Notice upon .
Carole : Schneewaiss 'Robert. : arid . Phyllis . Scott
113 - Park . Lane ' ; 11.0 Park Lane
Ithaca a NeYo 14 .850 -,, Ithaca.,, . NoY ' - : 148.50 ;. °
` 11 . IL
Marilyn Ao4 � 'Martin Robert, and Anne Schwarting
111 : Park Lane 312 =Park Lane
a:•® N
. ,Y , 148.50 Ithaca , N ; Yo
Ithac1'4850
Anne . Roddy . , Will
& Virginia: . MacReyno ds
_
t15 Park : Lane 114`' park Lane. '
: . Ithaca .' NoYo 1850 :. h
.
Ithaca', N . Y . 14850:
:: . . .
Victor : .& Gloria 'Dnicola , , Frederick F'o Horton '
109 Park' Lane 2:21. Maple Avenue
Ithaca NmY , 19850 .= g Ithacd'e N . Yo 14850 .
Richard and ' Rita Faust Ithaca Elm�rilaple. . Houseso Iric ; .
108 ParkoLane Abbott: `Associates
Ithaca.# NoY ' ' .'14850 : 1.50 `West Village " Place,
`I:°.thaca � . N,oY ; 1450
-:
enclosad :in , a postpaid
d ' addressed . wrapper. ositrigsar ®
in;. a post office under ' the .ex' clusive care and custody . of the
uri ted . Stag- s 'Post Offie& Department within the . stat ..of rJew York ,
Nancy Mo ller -
XL
sworn :to :before me . this:
12th- . day. of - May ,, .', 1976 ; :
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TOWN OF ITHACA
NEW YORK
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APPEAL
to the
Building Commissioner
and the Board of Zoning Appeals
of the Town of Ithaca , New York
Having been denied permission _ to
. Ohtai n a cPrt' 1fi.r�,t�
of compliance because of Stibstgn (jarr9 �, 1rja yajr
at 113 Park Lane ( Tax Parnpi 6 - 57 - 1 - 8 . 42 ) 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 - ion violation of
Section ( X ) 14
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 .
Stephen Schneeweiss and Carole Schneeweiss purchased 113 Park
Lane , Ithaca , NY from Eastern Heights , Inc . on 11 / 7 / 68 , the home
having a paved drive to the rear of the house without . a covered
garage . On 6 / 10 / 74 Stephen Schneeweiss and Carole Schneeweiss ,
husband and wife deeded premises to wife , Carole Schneeweiss and
( Cont ' d . on back of page ) i
Signed._
Dated : Ithaca , N . Y . `5_ 1971
c
T . G . MILLER P . C . Address 113 Park Lane
gineers and Surveyors
3 North Aurora Street Town of Ithaca ,
haca , New York 14850 Tompkins County , New York
Tax Map Parcel No . 57 - 1 - 8 . 42
SURVEYORS TAPE CHECK ' CERTIFICATION
Dated : April 29 19 76
proposed
This is to certify that the undersigned has examined the/deed to Daniel s , Kimball and
Jacqueline Kimball from Carole Schneeweiss , dated April 30 19 76 �
- - - ( Copy Attached ) xax3cib�zx
�,�cxxatxr�c}Esc ; has personally visited the property described in such deed
and observed the building improvements reputed to be located thereont consisting of the
following : Single Story Frame Dwelling with basement
Has made all necessary tape measurements ] and in his opiniohi the said building improvema
ments are located on the premises described , except as follows !
-- As Shown
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Signed /` `� �c u , c �� �C .� Z,�
Licensed Land Surveyor