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HomeMy WebLinkAboutZBA Minutes 1978-06-05 2N,�t CO. 51 W7 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 5 , 1978 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 , New York , on Monday ; June 5 , 1978 , at 7 : 30 p . m . PRESENT : Chairman Peter Francese , Edward King , Jack Hewett , Joan Reuning , Robert Bonnell ( Assistant to the Town Engineer ) , ALSO PRESENT : Michael Carroll ( Sky Top Village Ltd . ) , Joseph Kohm , 313 Warren Place , Gary Loomis ( Varaxon ) , Norman W . Rollins , 139 North - view Road , Rick Rollins , 139 Northview Road , Arnold Albrecht , 143 North - view Road , Chairman Francese declared the Meeting duly opened at 7 : 31 p . m . APPEAL OF SKY TOP VILLAGE , LTD . , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING SPECIAL APPROVAL FOR THE OPERATION OF VARIOUS BUSINESSES , INCLUDING CUSTOM FURNITURE STRIPPING , FURNITURE REPAIR , RETAIL ANTIQUE SALES , ELECTRONIC LIGHTED DANCE FLOORS , AND STORAGE WITHIN EXISTING BUILDINGS AT 1319 MECKLENBURG ROAD , PARCEL NO . 6 - 28 - 1 - 26 . 2 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE XII , SECTIONS 51 AND 55 OF THE ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted ® matter duly opened at 7 : 32 p . m . Mr . Francese read the Appeal as published in the Ithaca Journal , and as noted above , and read the Appeal Form , signed by Michael Carrol , Presi - dent , Sky Top Village , Ltd . , dated May 16 , 1978 , as follows : " Having been denied permission to operate various businesses . . . . . . in violation of Sections 51 and 55 of the Town of Ithaca Zoning Ordinance . . . . . . would impose practical difficulties and / or unnecessary hardship as follows : Would impose restrictions upon the renting and leasing of existing buildings and / or building space on the property which in turn reduces the necessary income for maintaining the property and meeting tax obligations . " Mr . Francese presented the Clerk ' s Affidavit of Posting and Publica - tion of the Notice of Public Hearings in the Town Hall and the Ithaca Journal on May 26 , 1978 , and May 31 , 1978 , respectively , as required . Mr . Francese presented the Secretary ' s Affidavit of Service by Mail of said Notice of Public Hearings upon the various neighbors of Sky Top Village , Ltd . , and upon Sky Top Village , Ltd . , as party to the action . Mr . Francese read Sections 51 and 55 of the Town of Ithaca Zoning Ordinance . Mr . Gary Loomis , President of Varaxon , a tenant in the concrete block building located upon the property under discussion , formerly ,1 jpknown as " the hatchery " , commented that the various uses of this proper - ty do not affect him and his business in any way nor do they hinder his business . He stated that there is no mess and the whole thing is a relatively small operation . Mr . Michael Carrol presented to the Board a schematic drawing of Zoning Board of Appeals - 2 - June 5 , 1978 the various buildings located at 1319 Mecklenburg Road , Mr . Carroll pointed out that Building #7 has burned down and is completely gone . ® It was noted that this property is a non - conforming use in an R- 30 district . Mr . Carroll stated that he wants to be able to use the various buildings in a manner suitable to their construction . He noted that the " old Marshall Farm " was quite a _ large operation and its various buildings were sturdily built to meet their needs . He stated that he cannot make residences out of them . He stated that the buildings are suitable for retail operations or light industrial operations . Mr . Carroll noted that Varaxon , a light - industrial operation making lighted dance floors , is located in Building #4 and has a special per - mit from this Board . Mr . Carroll said that the Varaxon people should be allowed to know that they can remain there and not have to be con - cerned about renewing special permits all the time . He said that the rest of the buildings are proposed for retail operation involving antiques and low traffic flow . Mr . Francese ran down the buildings located on the property and their present use as follows : Building # 1 is residential . Building #2 is a tenant house residence . Building # 3 and #4 ( one building ) are presently warehouse and garage , but Varaxon is in Building #4 . ® Building # 5 is a corn crib . Building # 6 is a pole barn . Building # 7 is no _ longer there due to fire . Buildings #8 are two silos . Building # 9 is a storage barn with concrete walls , but really a barn . Mr . Bonnell brought up the matter of the storage uses and the ques - tion of that activity as warehousing or storage . Mr . Francese noted that casual storage is permitted under the zoning ordinance. . Mr . Bonnell stated that there is a question as to whether this is indeed property - oriented storage or warehousing . Mr . Carroll noted that on March 29 , 1977 , this Board granted special approval for a period of two years for a custom furniture stripping business . Mr . Carroll stated that in lieu of each individual operation asking for a variance for their activities , they are asking the Board at this time if the building itself , i . e . , Building # 3 and #4 , can be issued an on - going variance for light industrial or commercial which involves retailing in some respects . Mr . King stated that the Board has previously acted under a special permit approach , but this request sounds like a rezoning . Mr . Carroll said that he is not asking for a rezoning - - just a special permit on - going . Mr . Francese pointed out that there is quite a difference between rezoning and special permits . Zoning Board of Appeals - 3 - June 5 , 1978 Mr . Carroll stated that he is trying to do some long - range planning . 1 Mr . King commented that Mr . Carroll seems to be asking for a general authorization rather than specific ones for specific businesses that he has there now . Mr . Carroll stated that that was correct in order to preclude another operator who comes into a building as tenant from having to appear before this Board . Mr . King stated that the Zoning Board cannot do that . Mr . Francese concurred and stated that the Zoning Board cannot issue blanket use variances . Mr . Bonnell referred to Building # 3 and #4 and noted that if there is furniture stripping going on there and the use of chemicals , they must comply with the New York State Building Code which regulates commercial uses . Mr . Francese .said that these buildings were not designed for a commercial use . Mr . Carroll said that they definitely were and that the Marshall Farm was a commercial operation . He said the building in question is concrete with no wood . Mr . Francese stated that he would like to know a little bit more about what Sky Top Village Ltd . is going to use all these buildings for and specifically what they are used for right now . He cited as an example , that it is a fact that Varaxon is located in Building #4 and is a light industrial use producing lighted dance floors . He said that then this Board can give more consideration to a long - range or " indefinite " ® permit , Mr . Bonnell offerred to go over the commercial building code requirements with Mr . Carroll . Mr . Francese also requested that Mr . Carroll delineate what might be stored in the other buildings , if they are to be used for storage , for example , in connection with the uses described . Mr . Bonnell requested that the parking facilities , number of cars , etc . , be delineated in connection with the antique business . Mr . Carroll stated that there are no auctions being held now . He also said that he has a tenant in the landscape business . Mr . Francese summarized the status of the matter in re various businesses at 1319 Mecklenburg Road as follows : Mr . Carroll will return to this Board with a complete list of the businesses being or to be conducted in any buildings located on the property known as 1319 Mecklenburg Road , and in addition to that traffic estimates , parking facilities , storage , and compliance with the New York State Building Code as it pertains to commercial uses . Mr . Joseph Kohn , from the floor , addressed the Board and stated that he is an electrician and he was hired to do some electrical work after the fire . He presented to the Board a certificate absolving him from any liability for anything that goes wrong with the wiring done . He stated that he had been through the whole building ( not defined ) and that all the buildings are out of line as far as compliance with the electrical code . Mr . Kohn stated that the Board should require a Certificate of Compliance for the wiring for the whole complex Zoning Board of Appeals - 4 - June 5 , 1978 Mr . Carroll stated that he agreed with obtaining such a certificate . Mr . Carroll stated that there were problems after the fire with wires ® burning out and being replaced . Mr . Kohn stated again that he did temporary wiring and referred again to his statement proving that the wiring he did was indeed temporary . Mr . Kohn stated that Floyd Ferris is the Underwriters ' representative . Mr . Carroll stated that there are three contractors bidding now on wiring . Mr . Carroll stated that he will agree to having a wiring certificate of compliance added as a condition . Mr . Kohn asked who the owner of this property is . Mr . Carroll stated that there is a land contract which has not been filed , but will be filed . He said that Eddy Hill could come before the Board as owners . He said that Sky Top is in process of purchasing from Eddy Hill on a land contract basis . He added that Eddy Hill bought the property on a land contract basis . Mr . King stated that this Board should have the owner of the property join in this appeal . Mr . Carroll stated that if the land contract is not filed by the time of the adjourned hearing , Eddy Hill will be present also . Mr . King asked if the obtaining of this special approval being requested is a contingency of the contract . Mr . Carroll said it was not . ® MOTION by Mr . Peter Francese , seconded by Mr . Jack Hewett : RESOLVED , that the Public Hearing in the matter of the Appeal of Sky Top Village , Ltd . , for the operation of various businesses at 1319 Mecklenburg Road be and hereby is adjourned until 7 : 30 p . m . on the 19th day of June , 1978 , at 126 East Seneca Street , second floor . There being no further discussion , the Chair called for a vote . Aye - Francese , King , Hewett , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Mr . Francese stated that if anyone else wishes to come back at that time they are welcome ; there will be no further publication . Mr . Francese directed that a certificateifrom the Fire Underwriters be added to the list of items to be presented by Mr . Carroll at the adjourned meeting . Chairman Francese declared the Public Hearing in the above - noted matter duly adjourned at 8 : 20 p . m . for reconvening at 7 : 30 p . m . on the 19th of June , 1978 , APPEAL OF NORMAN W . ROLLINS , APPELLANT , FROM THE DECISION OF THE ® BUILDING INSPECTOR DENYING AN APPLICATION TO PERMIT CONSTRUCTION OF A GARAGE CLOSER THAN 10 FEET TO THE SIDE LOT LINE AT 139 NORTHVIEW ROAD , PARCEL NO , 6 - 52 - 1 - 16 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 14 , OF THE ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted Zoning Board of Appeals - 5 - June 5 , 1978 matter duly opened at 8 : 20 p . m . Mr . Francese read the Appeal as published in the Ithaca Journal , and as noted above , and read the Appeal Form signed by Norman W . Rollins , dated May 19 , 1978 , as follows : " Having been denied permission to build garage closer than allowed to the side lot line at 139 Northview Road . . . . . . . . practical difficul - ties and / or unnecessary hardship as follows : Back corner of garage closer to lot line than permitted by zoning ordinance . Adhering to code would place garage closer to street than desirable for convenience and appearance . " Mr . Francese presented the Clerk ' s Affidavit of Posting and Publica - tion of the Notice of Public Hearings in the Town Hall and the Ithaca Journal on May 26 , 1978 , and May 31 , 1978 , respectively , as required . Mr . Francese presented the Secretary ' s Affidavit of Service by Mail of said Notice of Public Hearings upon the various neighbors of Mr . Rollins and upon Mr . Rollins as party to the action . Mr . Francese asked if the garage exists at this time . Mr . Rollins stated that it does not . Mr . Rollins stated that in the remaining space on his property it is possible to build a garage without a variance , but he would greatly prefer it and it would be best for the neighborhood if the garage is placed at a better orientation than he would get through compliance and ® the garage would be farther from the street . Mr . Rollins also pointed out that the proposed garage will be 7 feet from the house , the factor being that there is a gas line running along next to the house and this forces him to be a little farther away from the house than he would prefer . Mr . King asked if Mr . Rollins had discussed . the matter with the Gas and Electric Company . Mr . Rollins said that he had and pointed out that it is his personal service line . Mr . Rollins stated that the cost to move the meter just about a foot would be $ 145 . 00 , and thus to have a jog in the line would be certainly more than that . Mr . Rollins commented that when the house was built it was a requirement of the Gas and Electric Company that these meters be housed in the manner they are and ironically now they have since changed that require - ment . Mr . Arnold Albrecht , 143 Northview Road , spoke from the floor , and stated that he owns the first house built in that row of houses . He pointed out that most of the homes in that area have shifted their homes over to allow a good sized side yard . He said that his home is within 15 feet of the west line and the Holcomb house is also 15 feet from the line . Mr . Rollins stated that he had talked with Mrs . Holcomb when she was recently home from sabbatic in Scotland and she had no objections to the garage placement . Mr . Rollins stated that there are no windows Ah on the Holcomb house on the side facing the proposed garage . Mr . Rollins stated that the distance closest from his property line to Holcomb is 52 feet , that is to the front of where the garage is pro - posed . Where the garage is proposed it is 72 feet . Mr . King noted that the Board is being asked to reduce the required side yard of 10 feet to 6 '- feet . Zoning Board of Appeals - 6 - June 5 , 1978 Mr . Rollins stated that he would really like a leeway of , say , 5 feet , because the Gas Company has not yet located the gas line . It was agreed that the lot line appears to be correct . Mr . Francese urged that Mr . Rollins would do well to have an up - dated survey done in order to insure the proper placement of any proposed garage . Mr . Francese asked if the building is planned to be parallel to the lot line . Mr . Rollins said that it was . Mr . King noted that the proposed garage is forward of the existing house . Mr . Bonnell stated that a garage may be forward of a house as long as lot line requirements are met or varied by this Board . Mr . Bonnell also stated that this property is located in an R- 15 zone . Mr . Albrecht brought up the point of average distance from the road for building placement . The Board ascertained that the proposed place - ment seems to be appropriate for the neighboring homes . MOTION by Mr . Peter Francese , seconded by Mr . Jack Hewett : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a five ( 5 ) foot side lot variance to Town of Ithaca Tax Parcel #6 - 52 - 1 - 16 , Norman W . Rollins , owner and appellant , 139 Northview Road , Ithaca , N . Y . , to allow for the construc - tion of a garage not closer than - five ( 5 ) feet from the south line of said Rollins ` property . The testimony of the appellant and Mr . Arnold Albrecht , 143 Northview Road , as to the character of the neighborhood indicates that there would be no harm done to the character of the neighborhood by the granting of such variance , and , further , that there would be at least a fifty ( 50 ) foot separation of this garage from the Holcomb house to the south . There being no further discussion , the Chair called for a vote . Aye - Francese , King , Hewett , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the Public Hearing in the above - noted matter duly closed at 8 : 50 p . m . ADJOURNMENT Upon Motion , the Meeting of the Zoning Board of Appeals of the Town of Ithaca was declared duly adjourned at 8 : 51 p . m . Respectfully submitted , Nancy M . Fuller , Secretary . AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE o ITHACA, N . Yo I, Edward L . Bergen , being duly sworn , say, that I am the • Town Clerk of the Town of Ithaca, Tompkins County , New 'York, that the following notice has . been duly posted -on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) Notice of Public - Hearings to be held by the Zoning Board of Appeals Of the Towri of Ithaca on Monday , ; June 5 , 1978 , in Town Hall , 126 Hast Seneca Street , ( second floor ) , Ithaca , ' NY , commencing at 7 : 30 p �. m . , as firer attached . . • Ak ,cation of sign - board used for posting : Front Entrance to Town Hall Date -- of --Posting ; May 26 , 1978 . Date of Publication : May 31 , 1978 Edwitrd L . Bergen Town Clerk , - Town of Ithaca State of New York ' County . of Tompkins SS . Town of Ithaca Sworn to before me - this 31st day. of May , 19 78 �Gc NOTARY t • GERTRUDE H. BERGEN 1 ' Notary Public, State of New York No. 55.5278725 Qualified in Tompkins Co Term Expires March 30, 19 , i � 22 1THACA JOURNAL Wednesday, May 31 ; 1978 1 Legal Notices1 Legal Notices.--'. otices TOWN OF ITHACA ZONING BOARD OF APPEALS1 NOTICE OF PUBLIC HEARINGS MONDAY, JUNES, 1978 By direction of the Chairman of t the ZoningBoard of-Appeals.-NO- TICE- IS' ) TICE- IS' HEREBY GIVEN that ' Public Heariings.wlll be held by the .1 the Zoning O Ordinance of theunder Town of Ithaca, on Monday' June 5, 1978, in the Town: Hall,' 126 East Seneca Street ( second floor ), Ithaca, at following , times and on the following matters :' 1 7130 � P.M. Appeal of Sky Top -j ( Village, ;Ltd., Apppeilante.from the decision of the .Butlding Inspector ,j denying special approval for the 1 operation of various businesses, .) Including custom furniture strip- I ping, .furniture repair, retailf an- tique sales, electronic lighted dance floors, and storage within existing buildings at 1319 Mecklml burg Road, Parcel No. 6-28-1 .26.$ Ithaca, N .Y. Permission is denied , by the Building 'Inspector under, !: Article XII„ Sections 51- and 55 of ; the Zoning Ordinance. 8: 00 P.M. Appeal of Norman W. Rollins, Appellant, from the de- cision of the, Building .Inspector i denying an application to permit construction of a g9arag9e closer than 10 feet to the side lot lineat 139 l Northview Road, Parcel No. 6.52. 1- 16, Ithaca, N. Y. Permisslon is denied by the Building Inspector. under Article I V, Section 14, of the { Zoning Ordinance. ' Said Board of. Appeals will at said times and said place hear all I persons'In support of such matters Ii or objections thereto. Persons may appear by agent or inperson. l Lawrence P. Fabbroni ; Bulidirig Inspector Town of Ithaca ; Dated : May 26, 1978 LPublished : May 31, 1978' j TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS ® MONDAY , JUNE 52 1978 By direction of the Chairman of the Zoning Board of Appeals , NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca , on Monday , June 5 , 1978 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on th.e following matters : 7 : 30 . P . M . Appeal of Sky ' Top Village , Ltd . , Appellant , from the deci - sion of the Building Inspector denying special approval for the operation of various businesses , including custom furni - ture stripping , furniture repair , retail antique sales , ® electronic lighted dance floors , and storage within existing buildings at 1319 Mecklenburg Road , Parcel No . 6 - 28 - 1 - 26 . 2 , Ithaca , N . Y . Permission is denied by the Building Inspector under Article XII , Sections 51 and 55 of the Zoning Ordinance , 8 : 00 P . M . Appeal of Norman W . _ Rollins , Appellant , from the decision of the Building Inspector denying an application to permit construction of a garage closer than 10 feet to the side lot line at 139 Northview Road , Parcel No . 6 - 52 - 1 - 16 , Ithaca , N . Y . Permission is denied by the Building Inspector under Article IV . - Section 14 , of the Zoning Ordinance . Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Lawrence P . Fabbroni Building Inspector Dated : May 26 , 1978 Town of Ithaca Publish : . May 31 , . 1978 i- ` AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : ® Nancy M . Fuller , being duly sworn , deposes and says , that deponent is not a party to the actions , is over 21 years of age and resides at 316 Turner Place , Ithaca , N . Y . That on the 30th day of May , 1978 , deponent served the within Notice upon : Oscar and Elizabeth Westfall Eddy Hill , Inc . 154 West Haven Road 1319 Mecklenburg Road Ithaca , NY 14850 Ithaca , NY 14850 Charles and Grace Ostrander Mrs . Constance B . Cook 142 West Haven Road 209 Coy Glen Road Ithaca , NY 14850 Ithaca , NY 14850 Donald and Genevieve Henry G . W . Ideman and R . J . Wells 140 West Haven Road Judd Falls Road Ithaca , NY 14850 Ithaca , NY 14850 Helen DeGraff Westview Heights Apts . 122 West Haven Road 519 West State Street Ithaca , NY 14850 Ithaca , NY 14850 ® Longhouse Cooperative , Inc . Richard and M . L . Perry Heyman , Wassels , Brouwer , Goldsen 1138 Trumansburg Road Elm Street Extension Ithaca , NY 14850 Ithaca , NY 14850 Philip H . Auerbach State and Aurora Inc . 171 Bundy Road 138 Prospect Street Ithaca , NY 14850 Ithaca , NY 14850 George and Miriam Hopkins Radio Ithaca , Inc . 211 Hayts Road 317 North Aurora Street Ithaca , NY 14850 Ithaca , NY 14850 Glenn L . Hubbell Cecil Shulman and H . Wallace 2015 Mecklenburg Road 11811 Avenue of the P . G . A . Ithaca , NY 14850 Building 6 Lake Park , Florida 33410 Varaxon 1319 Mecklenburg Road Chase ' s Road Stand , Inc . Ithaca , NY 14850 1319 Mecklenburg Road Ithaca , NY 14850 John - Scott Fish Custom Furniture Stripping Sky Top Village , Ltd . 1395 Mecklenburg Road 1319 Mecklenburg Road Ithaca , NY 14850 Ithaca , NY 14850 ® Paul Darsie Norman W . Rollins 135 Northview Road 139 Northview Road Ithaca , NY 14850 Ithaca , NY 14850 Felician F . & C . Foltman Donald F . & Barbara P . Holcomb 140 Northview Road 141 Northview Road Ithaca , NY 14850 Ithaca , NY 14850 Dale Corson Arnold Albrecht 144 Northview Road 143 Northview Road Ithaca , NY 14850 Ithaca , NY 14850 Albert and Irene Silverman Donald and Helen Moyer 132 Northview Road ® 137 Northview Road Ithaca , NY 14850 Ithaca , NY 14850 - 2 - By depositing same enclosed in a postpaid addressed wrapper , in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York . Nancy M . uller Sworn to before me this 30th day of May , 1978 . -e Vw F/ Notary . Public GERTRUDE H. BERGEN Notary Public, State of New York No. 55-5275725 (qualified in Tompkins Cou Term Expires March 30, 19� TOWN OF . ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY , . . JUNE 5 , 1978 By direction of the Chairman of the Zoning Board of Appeals , NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca , on . Monday , June 5 , 1978 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters 7 : 30 . P . M . Appeal of Sky Top Village , Ltd . , Appellant , from the deci - sion of the Building Inspector denying special approval for the operation of various businesses , including custom furni - ture stripping , furniture repair , retail antique sales , electronic lighted dance floors , and storage within existing buildings at 1319 Mecklenburg Road , Parcel No . 6 - 28 - 1 - 26 . 2 , Ithaca , N . Y . Permission is denied by the Building Inspector under Article XII , Sections 51 and 55 of the Zoning Ordinance . 8 . 00 P . M . Appeal of Norman W . Rollins , Appellant , from the decision • of the Building Inspector denying an application to permit construction of a garage closer than 10 feet to the side lot line at 139 Northview Road , Parcel No . 16 - 52 - 1 . 16 , Ithaca , N . Y . Permission is denied by the Building Inspector under Article IV , ' Section 14 , of the Zoning Ordinance . Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . ® 4 Lawrence P . Fabbroni Building Inspector Dated : May 26 , 1978 Town of Ithaca Publish . May 31 , 1978 TOWN OF ITHACA NEW YORK A P P E A L to the Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca , New York aving been denied permission to �� � �� • � � a M,cry (,� Ithaca , New York at � �� � t _ as shown on the accompanying Application and/or plans or other supporting 't.documents , for the stated reason that the issuance of such permit would be in violation of � J Section ( s ) of the Town of Ithaca Zoning Ordinance ® the U NDERSIGNED�`respectfully submits this appeal from such denial and , in ;s.upport of the appeal:,. affirms that ' strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows : v l � VL% Signed Dated : Ithaca , N . Y . 197 S TOWN OF ITHACA NEW YORK A P P E A L to the Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca , New York Having been denied permission to Id q rcr C / oSer Z�� an / lowe0/ at L� No �4k e, u.) Ithaca , New York as shown on the accompanying App lication . and/or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of Section ( s ) &I of the Town of Ithaca Zoning Ordinance Ah wr the UNDERSIGNED respectfully submits this appeal.. f. rom 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 : v/ oS � k- f � c? c- � � � LL / p`7 K c�� o S �e .r � o S�r � •e � � � c� � � � s r 1- � � �e I � � � — G o vt U `e u rCC-3 Ice- soig n e ditu�� , Dated : Ithaca , N . Y . // ce 1977 i AT a Public Hearing of the Board of 1 . Zoning Appeals of the Town of I. th.a. ca , County of Tompkins , State of New York , held in the Town Office , 126 East Seneca Street , in the City of Ithaca , New York , on June 5 , 1978 . PRESENT : Peter Francese , Chairman Edward W . King Jack D . Hewett Joan Reuning * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In the Matter of Application of ORDER NORMAN W . ROLLINS GRANTING VARIANCE To vary the requirements of the Zoning Ordinance of the Town of Ithaca with respect to the premises located at 139 Northview Road , Ithaca , N . Y . , being Town of Ithaca Tax Parcel No . 6 - 52 - 1 - 16 . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * An application in the above matter to vary the requirements of the Zoning Ordinance of the Town of Ithaca to allow the construction of a garage closer to the side lot line than the ten foot requirement of said Ordinance , to wit : not closer than five ( 5 ) feet from the south line of said Rollins ' property , such property being located at 139 Northview Road , Ithaca , New York , having been presented by NORMAN W . ROLLINS to the Board of Zoning Appeals of the Town of Ithaca , and a public hearing by said Board having been duly held after published notice at the place stated above on June 5 , 1978 , and consideration having been given to the promotion of the health , safety , morals and general welfare of the community in harmony with the general purpose and intent of the Ordinance and it having been resolved and determined following such hearing that a need for the use in question exists , and that the convenience and prosperity of the community will be served , and further , that the neighboring persons and property will not be adversely affected and substantial justice be done by entry of this Order , it is hereby ORDERED that this Variance be granted . FINDINGS OF FACT : 1 . There will be at least a fifty ( 50 ) foot separation of the proposed garage from the Holcomb house to the south located on the property known as 141 Northview Road , 2 . The testimony of the appellant and Mr . Arnold Albrecht , 143 Northview Road , as to the character of the neighborhood indi - cates that there would be no harm done to the character of the neighborhood by the granting of this Variance . 3 . That it is in keeping with th iri a d intent of the Zoning Ordinance . Peter K . Franc "se , Chairman Board of Zoning Appeals Town of Ithaca Dated : Ithaca , New York _- - June 19 , 1978 T. G:W N S E A L