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HomeMy WebLinkAboutZBA Minutes 1978-09-18 i' TOWN OF ITHACA ZONING BOARD OF APPEALS SEPTEMBER 18 , 1978 The Town of Ithaca Zoning Board of Appeals met in adjourned session ( duly adjourned sine die . on September 7 , 1978 ) on Monday , September 18 , 1978 , in Town Hall , 126 East Seneca Street , ( second floor ) , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Chairman Peter K . Francese , Edward W . King , Edward N . Austen , Joan G . Reuning , Jack D . Hewett , Robert W . Bonnell ( Assistant to the Town Engineer ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Amy Suzanne Soyring . Chairman Francese declared the adjourned meeting duly open at 7 : 39 p . m . FIRST MATTER AS RAISED BY BOARD MEMBER EDWARD W . KING : IN THE MATTER OF APPEAL OF AMY SUZANNE SOYRING , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF COMPLIANCE FOR A TWO - LOT SUBDIVISION CREATING A LOT WITH LESS DEPTH THAN REQUIRED AT 433 BOSTWICK ROAD , TAX PARCEL NO . 6 - 32 - 2 - 3 . 1 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE XIII , SECTION 67 , AND ARTICLE V , SECTION 23 , OF THE ZONING ORDINANCE . [ SEE MINUTES - AUGUST 29 , 1978s ] Chairman Francese stated that the first matter before the Board this evening will be with respect to the grant of variance made by this Board on August 29 , 1978 and the Order Granting Variance issued by the Board on August 31 , 1978 with respect to Mrs . Soyring ' s property at 433 Bostwick Road . Chairman Francese stated that this matter is being brought before the Board at the request of Mr . King , Mr . King stated , for the record : 1 . That , Edward W . King made an error in interpreting the map dimensions and that the correct depth of the lot indicated by the Survey Maps is 179 feet from the south line of Bostwick Road , bringing us to the north line of the tennis courts , rather than it being 194 feet from the road line to the tennis courts . 2 . That , we still have a net area of over 35 , 000 square feet , almost 36 , 000 square feet , which is more than sufficient for a lot in an R- 30 zone . 3 . That , since our purpose was to avoid the appellant having to cut through the tennis courts to get a lot of the required depth , we should grant a variance which permits the south Zoning Board of Appeals 2 September 18 , 1978 ® line of this subdivided lot to run along or near the north line of the tennis courts , i . e . , to permit the subdivision as shown on the Survey Maps submitted herewith . MOTION by Mr . Edward King , seconded by Mr . Peter Francese : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find the above as correct facts in the matter of the Soyring Appeal with respect to 433 Bostwick Road property , Town of Ithaca Tax Parcel No . 6 - 32 - 2 - 3 . 1 . There being no further discussion , the Chair called for a vote . Aye - Francese , King , Austen , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Edward King , seconded by Mr . Peter Francese : RESOLVED , that the Town of Ithaca Zoning Board of Appeals amend and hereby does amend the ORDER GRANTING VARIANCE issued by said Board of Appeals in the matter of the Appeal of Amy Suzanne Soyring with respect to property located 433 Bostwick Road , Town ® of Ithaca Tax Parcel No . 6 - 32 - 2 - 3 . 1 , on August 31 , 1978 , to change the depth measurement therein from 194 feet to 179 feet , and that the Secretary be authorized to issue a corrected ORDER changing such figures ( which appear twice ) , and that this ORDER be cross - indexed with previous minutes . There being no further discussion , the Chair called for a . vote . Aye - Francese , King , Austen , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of corrected Order with respect to the 433 Bostwick Road Soyring Appeal duly closed at 8 : 01 p . m . ADJOURNED PUBLIC HEARING IN THE MATTER OF THE APPEAL OF AMY SUZANNE SOYRING , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF COMPLIANCE FOR LOT SIZE AND NUMBER OF DWELLING UNITS AT 847 TAUGHANNOCK BLVD . , TAX PARCEL N0 , 6 - 25 - 2 - 32 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING ® INSPECTOR UNDER ARTICLE XIII , SECTION 67 ; ARTICLE IV , SECTIONS 11 AND 16 , AND ARTICLE VI . ( ADJOURNED FROM SEPTEMBER 7 , 1978 , SINE DIE . ) Zoning Board of Appeals 3 September 18 , 1978 ® Chairman Francese declared the Adjourned Public Hearing in the above -noted matter duly opened at 8 : 02 p . m . MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning : WHEREAS , the Zoning Board of Appeals of the Town of Ithaca makes the following Findings of Fact : 1 . That the two proposed lots , each of which would have a smaller than 100 - foot front footage , would be similar to other developed properties in the neighborhood and , therefore , these variances would not alter the character of the neighborhoods 2 . That there is no evidence that the granting of these variances will have the effect of devaluing neighboring properties . 3 . That the applicant has shown many offers to sell the property as one lot , all without success , and the applicant has produced evidence that the splitting of the property into two lots will make it more readily saleable . 4 . That it would be a benefit to the public if the parcel were limited to no more than the maximum number of dwelling units ® allowed under the Town of Ithaca Zoning Ordinance for each proposed parcel ( presently no more than two ) . 5 . That the entire parcel is uniquely adaptable to being split , having separate septic systems and separate wells serving each building . 6 . That there is adequate paved off - street parking . 7 . That it appears that no harm will be done to the general welfare and amenities of the neighborhood if these variances are granted . 8 . That there was a side yard variance granted November 3 , 1966 for the southernmost building . 9 . That if the smaller of the two proposed lots were to be approximately 65 feet wide that would allow a fifteen - foot side yard on the south side of the main house situated on the proposed lot . 10 . That throughout these proceedings no one has appeared in opposition to this matter . 11 . That this Board has personally visited the premises in question on September 8 , 1978 . 12 . That the applicant has indicated that she intends to have the property surveyed prior to the actual subdivision , such Zoning Board of Appeals 4 September 18 , 1978 ® a survey will determine precise lot dimensions , and she will present same to this Board . NOW , THEREFORE , BE IT RESOLVED , tht the Town of Ithaca Zoning Board of Appeals grant and hereby does grant the requested variances to this property ( Town of Ithaca Tax Parcel No . 6 - 25 - 2 - 32 ) so that it may be divided into two lots , one - - the northerly portion ( viz . 847 Tuaghannock Blvd . ) - - being approximately 85 feet wide containing a large two - family residence , the other - - the southerly portion ( viz . 845 Taughannock Blvd . ) - - being approximately 65 feet wide and containing a smaller building with the side lot variance , such lots extending from Route 89 easterly to Cayuga Lake , and THAT these variances permit each such subdivided parcel to contain fewer than 15 , 000 square feet and permits each lot to have less than 100 feet of frontage , and SUBJECT to the following conditions : 1 . That the line dividing the two lots be placed in such a way as to be no closer than fifteen feet from the south side of the house at 847 Taughannock Blvd . 2 . That each house on each lot contain no more than the maximum ® number of dwelling units allowed by the Town of Ithaca Zoning Ordinance ( at the present time - - two ) . 3 . That prior to subdividing the parcel according to these variances , the owner submit to this Board a recordable agreement indicating compliance with the maximum permissible number of dwelling units , to be a condition of these variances , it being intended that such agreement or instrument be recorded in the Tompkins County Clerk ' s Office and indexed under Deeds or Miscellaneous Records . There being no further discussion , the Chair called for a vote , Aye - Francese , King , Austen , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the Soyring Appeal with respect to 847 Taughannock Blvd . property duly closed at 8 : 50 p . m . ADJOURNMENT Upon Motion , Chairman Francese declared the September 18 , ® 1978 adjourned meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 51 p . m . Zoning Board of Appeals 5 September 18 , 1978 ® Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Peter K . Francese , Chairman