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HomeMy WebLinkAboutZBA Minutes 1976-05-17 � � Yj' V���v4lw� � � 1 � 1 � v� r y�� � ✓fat ham—' � a 4. 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 ; . } 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 ; : Id otary , Pub c . : GEitTtpD$ H. BERGEN _` . _ Noftry Publ G $tit v New York Na 5 1"2 -Z Qualified In Tompkins County,/ Teruo Expires March 301 . . . . ,f t TOWN OF ITHACA NEW YORK �l. 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 LAN � \ M + I . 4LE In -pnt�b L . L. oT 8 ad laeo �0. 4' fy•. / 20 Danipp#60E list al + . Tea Pip F'O1�1.:D S.anuGS . DI N � - . . , . J1�PI►J �14tD f ( SEAL ) Signed /` `� �c u , c �� �C .� Z,� Licensed Land Surveyor