HomeMy WebLinkAboutZBA Minutes 1979-05-29o
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TOWN OF ITHACA ZONING BOARD OF APPEALS
MAY 29, 1979
The Town of Ithaca Zoning Board of Appeals met in regular session
on Tuesday, May 29, 1979, in Town Hall, 126 East Seneca Street,
Ithaca, New York, at 7:30 p.m.
PRESENT: Chairman Peter K. Francese, Edward N. Austen, Edward W.
King, Lawrence P. Fabbroni, P.E. (Town Engineer/ Building
Inspector), Nancy M. Fuller (Secretary).
ALSO PRESENT:
Louis Thaler,
Updike, Roger
Wendy Wallit,
Esq., Fletcher H. Woodcock, Carl R.
Sovocool, Esq., L. Richard Stumbar, Esq.,
Chairman Francese declared the meeting duly opened at 7:32 p.m.
and accepted for the record the Clerk's Affidavit of Posting and
Publication of the Notice of Public Hearings in Town Hall and The
Ithaca Journal on May 21, 1979, and May 24, 1979, respectively,
together with the Secretary's Affidavit of Service by Mail of said
Notice upon the various neighbors of the properties under discussion,
as appropriate, upon the Clerk of the Town of Enfield, upon the Clerk
of the City of Ithaca, and upon the Appellants and/or their Agents on
May 22, 1979.
APPEAL OF DORIS M. SOVOCOOL, APPELLANT, FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING CERTIFICATE OF OCCUPANCY FOR GARAGE CLOSER
THAN TEN FEET FROM LOT LINE AT 110 RENWICK DRIVE, PARCEL NO.
6-17-3-16.1, ITHACA, N.Y. CERTIFICATE IS DENIED BY THE BUILDING
INSPECTOR UNDER ARTICLE IV, SECTION 14; ARTICLE XIV, SECTION 67, OF
THE TOWN OF ITHACA ZONING ORDINANCE.
Chairman Francese declared the Public Hearing in the above -noted
matter duly opened at 7:33 p.m. and read aloud from the Notice of
Public Hearings as posted and published and as noted above. Attorney
Roger B. Sovocool was present as Agent for Doris M. Sovocool, who was
also present.
Chairman Francese asked if there were anyone present who wished
to speak to the matter before the Board. No one spoke.
Attorney Sovocool described the situation, stating that in 1958
his wife, Doris, and he purchased premises at 110 Renwick Drive, now
owned solely by his wife, Doris M. Sovocool, on which is located a
one -car garage which fronts on the street known as Renwick Drive, and
was constructed in 1938. Attorney Sovocool stated that subsequently,
the adjoining property owner on the north, Paul Sandefur, wished to
sell his property, adding that his lot ran from the east loop of
Renwick Drive to the west loop of Renwick Drive. Attorney Sovocool
stated that on all maps of the Renwick Drive area this is shown as two
separate lots. Attorney Sovocool stated that Mr. Sandefur sold the
lot fronting on the east loop of Renwick Drive to John R. Pitts and
Zoning Board of Appeals -2- May 29, 1979
® retained the lot fronting on the west loop of Renwick Drive, adding
that when he (Sandefur) went to the Town of Ithaca and talked with
building contractors he found that he could not build the house he
wished to have on the lot. Attorney Sovocool offered that upon
learning this, he talked with Mr. Sandefur about possibly buying the
lot and subdividing it among the three adjoining neighbors, adding
that, in order to preserve the character of the neighborhood and to
prevent a further building from being built on this small lot, he
agreed to pay one-half of the purchase price and in return to take
over the garage and to prepare all of the necessary papers and deeds.
Attorney Sovocool mentioned Deed to Roger B. Sovocool & Doris M.
Sovocool, dated March 19, 1963, recorded in Book 450 Deeds, Page 419.
Attorney Sovocool stated that a line was prepared which ran just to
the north of the northeast corner of the garage and further lines were
drawn all as shown on the map before the Board, in order to divide the
property among the three adjoining neighbors. Attorney Sovocool
stated that, also, sewer lines were being installed in the area in
1961 and a sewer line runs from the present William B. Wolf property
westerly down through the north one-third of the property. Attorney
Sovocool stated that the garage on the former Sandefur premises also
fronts on Renwick Drive and according to his best information was
built about 1935, adding that it had always served the premises at 228
Renwick Drive until the subdivision by Paul Sandefur. Attorney
Sovocool stated that this garage sets into a steep bank, has a
concrete floor and cinderblock sides with an asphalt shingle roof.
® Attorney Sovocool stated that the parking on Renwick Drive is limited
and the effect of the garage is to take one more car off the steeet
and allow off-street parking; the garage cannot be moved. Attorney
Sovocool stated that the lines as drawn meet with the approval of each
of the surrounding property owners, adding that the purpose of the
subdividing was to preserve the character of the neighborhood, to
maintain its trees and wooded area and to prevent congestion.
Attorney Sovocool stated that the subject subdivided lot will never be
put together as a building lot since each of the property owners has
improved their properties to incorporate the area into their lawns,
plantings and beautification projects. Attorney Sovocool stated that
the property lines could be re -arranged to stay 10 feet away from the
subject garage but it would only result in odd measurements and jogs
in the property lines and make it more difficult to maintain the
beauty of the area.
Attorney Sovocool stated that over the years they have used the
garage for a garage, adding that they are now preparing to sell the
property and they ask for a variance so that there will not be a
violation.
Chairman Francese asked if these new lines have been there for
some time, with Attorney Sovocool responding, yes, about 16 years,
adding that at this point, it is an established line and all the
neighbors agreed, and, actually, they came up with the measurments
® among themselves to use the property this way, and commenting that it
added to each of the surrounding properties. Attorney Sovocool
commented that it is in technical violation. Chairman Francese noted
that it, however, has.been in effect for about 16 years.
Zoning Board of Appeals -3- May 29, 1979
Mr. King pointed out that the Zoning Ordinance was in effect and
Attorney Sovocool should have come before the Board then. Attorney
Sovocool agreed. Mr. King asked if the northeast corner of the garage
were all substantially above ground, with Attorney Sovocool responding
that the garage is built into a hill and at the northeast corner just
about the roof is above ground -- about one foot, and adding that it
is set back into the bank. Mr. King asked if there had been any
improvements, that is, any buildings added close to this garage.
Attorney Sovocool responded, no, adding that Mr. Mancini has improved
it by plantings, and further adding that Mr. Wolf has improved his
property by adding some additional buildings, and commenting that they
could probably not have been built without the additional land. Mr.
King asked for an estimate of how far these building would be from the
closest portion of any new buildings on Mr. Pitts' land to this
garage. Attorney Sovocool responded, probably 35 to 40 feet.
Chairman Francese asked if the Board had any further questions.
Mr. King stated that he did not see any problem with this situation,
adding that it has existed so long and even if the building were
continued he saw no harm.
Chairman Francese set forth the following findings of fact:
1. The subject northernmost garage has existed on the subject
property for 16 years with no complaints, and no one appeared
before this Board in opposition to the Appeal.
2. The Appellant has taken land on which there could have been
buildings constructed and there have been no dwellings added,
thus decreasing possible density.
3. The continuation of the location of the subject garage a few
inches from the lot line appears to have no detrimental effect on
the health, safety and welfare of the neighborhood.
4. That it is in keeping with the spirit and intent of the Zoning
Ordinance to permit said garage to remain in its present
location.
MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen:
RESOLVED, that, based on the heretofore stated facts, the Town of
Ithaca Zoning Board of Appeals grant and hereby does grant the
requested variance with respect to the premises located at 110 Renwick
Drive, Town of Ithaca Tax Parcel No. 6-17-3-16.111 to allow for the
issuance of a Certificate of Compliance by the Building Inspector of
the Town of Ithaca on a lot upon which there exists a house and two
garages, the northernmost of such garages being located contrary to
the yard requirements of the Town of Ithaca Zoning Ordinance.
® There being no further discussion, the Chair called for a vote.
Aye - Francese, Austen, King.
Nay - None.
Zoning Board of Appeals
-4-
The MOTION was declared to be carried unanimously.
May 29, 1979
Chairman Francese declared the matter of the Doris M. Sovocool
Appeal duly closed at 7:46 p.m.
APPEAL OF CARL R. AND EDNA M. UPDIKE,
APPELLANTS, FROM THE
DECISION OF
THE BUILDING
INSPECTOR DENYING BUILDING PERMIT FOR
GARAGE
CLOSER THAN
FIFTEEN FEET
FROM LOT LINE AT 421
SHEFFIELD
ROAD,
PARCEL N0,
6-27-1-27.2,
ITHACA, N.Y. PERMIT IS
DENIED BY THE
BUILDING INSPECTOR
UNDER ARTICLE
XI, SECTION
51,
OF THE
TOWN OF ITHACA
ZONING
ORDINANCE.
Chairman Francese declared the Public Hearing in the above -noted
matter duly opened at 7:48 p.m. and read aloud from the Notice of
Public Hearings as posted and published and as noted above. Mr.
Updike was present.
Chairman Francese asked Mr. Updike if the garage had actually
been constructed, with Mr. Updike responding, no, adding that it was
to be this summer's part-time job, and further adding that he was a
full-time paid fireman. Chairman Francese noted that Mr. Updike's
Appeal indicated that in order to build the garage he has to come
within 13 feet of the lot line. Mr. Updike presented a plot plan and
noted that the garage ended up 12 feet south of the lot line. Mr.
Updike stated that it is 66 feet from the Sheffield Road and the house
is set back 82 feet; there are 144 feet to the rear lot line and 112
®feet from the north lot line. Mr. Updike stated that he is proposing
to build the garage exactly 12 feet from Mr. Bennett's property upon
which there is an existing house. Mr. Updike stated that Bennett's
farm has never been used in the 20 years that he has been there,
adding that it has only been mowed once.
Discussion followed with respect to the farm shown on the tax
map, as well as discussion of the stream that comes through the
Bennett property. It was noted that the closest house is 2/10 of a
mile away.
Chairman Francese asked if there were anyone present who wished
to speak to this matter. No one spoke.
Mr. King asked if the garage is to be adjacent to Mr. Updike's
house, with the Mr. Updike responding, no, the proposed garage is
attached to the house, and adding that it is 26 feet by 32 feet from
north to south with the actual garage being 18 feet by 26 feet. Mr.
Updike stated that he did not have to change the existing driveway.
Mr. King noted that the property is located in an Agricultural
District, wherein R-30 regulations apply.
Mr. King stated that he did not see any big problem.
Chairman Francese set forth the following findings of fact:
® 1. The nearest building is 1,000 feet away, so there would be no
0mpact on the health, safety and welfare of the neighbors.
Zoning Board of Appeals -5- May 29, 1979
2. If the property were located in an R-15 district, there would be
no problem; the R-30 zone adds an additional 5 feet to the side
yard.
3. No one appeared in opposition to the requested variance.
MOTION by Mr. Peter Francese, seconded by Mr. Edward King:
RESOLVED, that, based on the heretofore stated facts, the Town of
Ithaca Zoning Board of Appeals grant and hereby does grant an area
variance to permit the construction of a garage at 421 Sheffield Road,
Parcel No. 6-27-1-27.2, twelve feet more or less from the south lot
line, and to permit the issuance of a building permit for same.
There being no further discussion, the Chair called for a vote.
Aye - Francese, Austen, King.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairman Francese declared the matter of the Updike Appeal duly
closed at 7:52 p.m.
APPEAL OF FLETCHER H. AND SARRA M. WOODCOCK, APPELLANTS, FROM THE
®DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO CONTINUE USE
OF TWO DWELLING UNITS ON ONE PARCEL AT 1024 AND 1024-1/2 HANSHAW ROAD,
PARCEL NO. 6-71-1-65, ITHACA, N.Y. PERMISSION IS DENIED BY THE
BUILDING INSPECTOR UNDER ARTICLE IV, SECTIONS 11, 14, AND 15, AND
ARTICLE XII, SECTION 54 OF THE TOWN OF ITHACA ZONING ORDINANCE.
Chairman Francese declared the Public Hearing in the above -noted
matter duly opened at 7:54 p.m. and read aloud from the Notice of
Public Hearings as posted and published and as noted above. Attorney
Louis K. Thaler was present, as was Mr. Fletcher H. Woodcock,
Attorney Thaler stated that he was representing Mr. Woodcock and
his wife, Sarra M. Woodcock, Attorney Thaler stated that the
Woodcocks have prepared a statement which was brought to him, adding
that they prepared that statement personally. The referenced
statement reads:
"May 29, 1979
To Town of Ithaca Board of Zoning Appeals
Subject: Property at 1024 Hanshaw Road
Reason: Zoning officer has denied our request for a variance to
correct an 18 year old unintentional Non-compliance.
We are asking for a simple, uncomplicated variance to correct
this longstanding non-compliance. Ref. Article IX, Par. 5-8 of the
original ordinance dated Oct. 1954, outlining the duties and powers of
® the Zoning Board of Appeals.
This non-compliance has been in existence since 1961 - 18 years,
when the Underwoods were building a new home on this lot (1024) after
selling their 1934 home next door at 1022. They converted a tool
Zoning Board of Appeals -6- May 29, 1979
® building and lived in it until the new house was completed and
subsequently rented it, unaware of the zoning ordinance. It has been
occupied for the past 17 years and was occupied when the Woodcocks
purchased 1024 in 1974.
The building and lot technical requirements as to building
location, area, building height, etc. and general appearance are in
compliance.
To deny this request will cause real financial hardship to the
present owners inasmuch as the sale is now contingent upon your
decision. The purchase offer has been signed and earnest money
deposited.
The Woodcocks are elderly (79-82 years) and one is in poor health
having suffered a light stroke July 1978. We are committed to moving
to an apartment as we are no longer able to keep 1024 in excellent
condition.
We have paid real estate taxes in Tompkins County continuously
since June 1925.
Respectfully,
(sgd.) Fletcher H. and Sarra M. Woodcock
600 Warren Road, Apt.6-1A
Phone: 257-1746"
Mr. Woodcock's Appeal Form, signed and dated May 17, 1979, reads:
"...that 1024-1/2 was erected in 1937 and was converted to living
quarters in 1961 while 1024 was being erected and both have been used
® as living quarters since with separate sewer systems."
Attorney Thaler stated that the Woodcocks are making application
for permission to continue something that has continued for 18 years,
noting that the guest house has been in existence since 1961 and was
first occupied by the Underwoods when they sold the home they were
living in and had it converted to living quarters until the "main"
house was completed. Attorney Thaler stated that the submitted sketch
map, prepared by Richard L. MacDowell Jr., R.L.S., dated May 8, 1979,
shows that the lot is quite large. Attorney Thaler commented that the
present state of affairs came about when the Woodcocks found that they
were unable to complete their sale, lacking a certificate of
compliance, adding that the conditions of sale are that the guest
house can be continued for renting. Attorney Thaler stated that,
after the Underwoods moved into the main house they rented it, as do
the Woodcocks. Attorney Thaler stated that the guest house has its
own sewer, adding that the survey is in error in that the lot is in
the Town of Ithaca, not the Village of Cayuga Heights, and its parcel
number is 71-1-65, not 71-6-65, and further adding that it is quite a
way from the Village line. Attorney Thaler stated that, as to the
properties on either side, there has been no objection all these
years. Attorney Thaler stated that the neighbors received a Notice
from the Town and they contacted Mr. Woodcock and said that they would
appear in support if they thought it necessary.
® Mr. King asked if the main house were a single family residence,
with Mr. Woodcock responding, yes, it always has been.
Chairman Francese noted that the main house is 57 feet north of
Zoning Board of Appeals -7- May 29, 1979
Hanshaw Road and is a single family dwelling. Chairman Francese noted
®
that the second dwelling is 222 feet north of Hanshaw Road and is used
as a single family dwelling for one lady.
Mr. Fabbroni stated that, unlike most lots in this area of the
Town, this lot is more than 100 feet wide and is some 400 feet deep,
and it presents a width that enables someone, theoretically, to
provide at least a 15 -foot frontage for a rear lot if someone so chose
to divide for a lot. Mr. Fabbroni noted that the area itself is in
excess of one acre and is laid out in such a way that two legal lots
could be created. Attorney Thaler stated that there are no plans to
subdivide.
Chairman Francese stated that, in view of Mr. Fabbroni's remarks
and in view of the fact that no neighbors appeared in opposition, and,
in fact, indicated to Mr. Woodcock that they would appear in favor, it
appears that there is no detriment to the health, welfare, and safety
of the Town, and in view of the fact that Attorney Thaler, speaking on
behalf of Mr. Woodcock, indicates that there is no intent of
subdividing this lot, but merely to continue this use, he would be in
favor of granting the variance.
MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen:
RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant
and hereby does grant a use variance to permit the continuation of the
present use of the two existing dwelling units on one parcel at 1024
and 1024-1/2 Hanshaw Road, Parcel No. 6-71-1-65, and that a
certificate of compliance be issued therefor.
There being no further discussion, the Chair called for a vote.
Aye - King, Austen, Francese.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairman Francese declared the matter of the Woodcock Appeal duly
closed at 8:10 p.m.
APPEAL OF ALLEN L. AND KAY J. JOHNSON, APPELLANTS, FROM THE DECISION
OF THE BUILDING INSPECTOR DENYING PERMISSION TO SUBDIVIDE A LOT WITH
TWO NON -CONFORMING STRUCTURES INTO TWO SUBSTANDARD LOTS AT 1532-1534
SLATERVILLE ROAD, PARCEL NO, 6-56-3-81 ITHACA, N.Y. PERMISSION IS
DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE XIII, SECTION 67, AND
ARTICLE IV, SECTIONS 14 AND 16, OF THE TOWN OF ITHACA ZONING
ORDINANCE.
Chairman Francese declared the Public Hearing in the above -noted
matter duly opened at 8:13 p.m. and read aloud from the Notice of
® Public Hearings as posted and published and as noted above. Attorney
L. Richard Stumbar was present as Agent for the Johnsons.
Attorney Stumbar stated that there are two houses, 1532 and 1534,
Zoning Board of Appeals -8- May 29, 1979
on parcel 56-3-8, adding that 1534 has two living units in it -- one
three-bedroom and one one -bedroom apartment. Attorney Stumbar stated
that he is in the process of trying to buy 1532 from Allen and Kay
Johnson, adding that originally 1532 was owned by Mr. Johnson's father
and mother. Attorney Stumbar referred to the notarized Affidavit of
Allen L. Johnson, signed on May 11, 1979. The referenced Affidavit,
with Survey Map attached, is attached hereto as Exhibit #1.
Attorney Stumbar stated that Mr. Johnson would like to sell and
he has offered to buy 1532, commenting that 1534 was a saw mill in
1949.
Chairman Francese asked if he were correct in stating that 1532
has a garage attached to it and, also, there is a carport which
appears to serve 1534. Ms. Wendy Wallitt, a tenant in 1534, stated
that that was partly correct, except that the carport goes with 1532,
adding that the 1534 people park cars along the northeast side, and
further adding that the garage at 1532 is very small and is used for
storage -- bicycle, skis, etc. Ms. Wallitt stated that 1534 has its
own garage and no carport. Chairman Francese commented that in order
to get to 1534 one would have to drive across what would be Mr.
Stumbar's property. Ms. Wallitt offered that, also, Mr. Hastings used
their driveway to get to his property, adding that the driveway is
electrified.
Mr. King wondered how long the right of way has existed across
these lots. Attorney Stumbar responded that when Mr. Johnson bought
15321 this right of way existed to get to John Hastings' property to
the northeast, adding that this was formerly the German property and
he was the one who developed these lots. Attorney Stumbar offered
that when he (Johnson) bought next door, the right of way was conveyed
up from 1534. Mr. King commented that it seemed to him that these ate
two lots which existed before zoning and, thus, are legal lots.
Attorney Stumbar concurred. Mr. King commented that 1532 is certainly
in that position, 1534, though, was probably improved by additional
units. Mr. King noted that in this subdivision, they want to add
additional frontage, 28.4 feet, to 1532, commenting that he would not
want to be in a position of adding land and worsening 1534. Mr. King
commented that he thought the situation was better because it adds
more land to 1532 and gives it more frontage and still leaves a good
average width and all 51 feet for 1534 which then widens out toward
the back. Attorney Stumbar pointed out that by adding this on, we are
not getting in the middle of "this" turn -around, adding that there is
a retaining wall there too -- a railroad tie pretty sophisticated
wall. Attorney Stumbar stated that they want to be clear as to who is
responsible for maintenance.
Mr. King stated that this is not really a subdivision problem; it
is a matter of changing part of the division line between two existing
lots. Mr. Fabbroni noted that this proposal does not change any of
the buildings as they are, nor driveways, nor retaining structures.
40 Mr. Fabbroni stated that the drainage as it now exists seems to be
handled adequately, adding that there were no problems that he knew
anything of to be concerned about from that point of view.
Zoning Board of Appeals 0-9- May 29, 1979
® Chairman Francese set forth the following findings of fact:
i. There is no doubt that this is a use that existed prior to the
enactment of the Town of Ithaca Zoning Ordinance in 1954.
2. The Town Engineer has indicated that he has no difficulty,
problem, or objection to changing part of the division line
between the two existing lots.
3. No one appeared in opposition to the proposal.
4. There appears to be no damage to the health, safety, morals, or
general welfare of the community which would be incurred by the
granting of this appeal.
MOTION by Mr. Peter Francese, seconded by Mr. Edward King:
RESOLVED, that, based on the heretofore stated facts, the Zoning
Board of Appeals of the Town of Ithaca grant and hereby does grant to
the Appellants, Allen L. and Kay J. Johnson, permission to re -divide
the properties known as 1532-1534 Slaterville Road, Town of Ithaca Tax
Parcel No. 6-56-3-8, along the proposed new subdivision line shown
upon the Survey Map submitted with the Appeal on May 29, 1979, said
Survey Map being titled "Portion of Lands of Seth Johnson, Part of Lot
98, Town of Ithaca, Tompkins Co., N.Y., Oct. 28, 1967, John A.
Dougherty, L.S. 36171", filed in Liber 501, Page 436, Tompkins County
Clerk's Office, and resulting in the property at 1532 Slaterville Road
having a frontage of about 85' and the property at 1534 Slaterville
Road having a frontage of about 511, and each of such properties being
deemed in compliance with the Town of Ithaca Zoning Ordinance.
There being no further discussion, the Chair called for a vote.
Aye - Francese, Austen, King.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairman Francese declared the matter of the Allen and Kay
Johnson Appeal duly closed at 8:30 p.m.
ADJOURNMENT
Upon Motion, Chairman Francese declared the May 29, 1979 meeting
of the Town of Ithaca Zoning Board of Appeals duly closed at 8:33 p.m.
Respectfully submitted,
Nancy M. Fuller, Secretary,
Town of Ithaca Zoning Board of Appeals.
Peter K. Francese, Chairman,
Town of Ithaca Zoning Board of Appeals.
O•CONNOR.
SOVOCOOL•PFANN
@ GREENBURO
ATTORN[Y8 AT LAW
ITNAGA. N[W YORK
STATE OF NEW YORK
COUNTY OF TOMPKINS )
In the Matter of -the Title of
Premises known as 1532 Slaterville
Road and 1534 Slaterville Road,
Ithaca, New York, both now owned
by Allen L. Johnson and Kay J.
Johnson
SS:
Allen L. Johnson, being duly sworn.,_ deposes and states
as follows.
1) That Albert E. German'and Doris G. German conveyed
premises known as 1532 Slaterville Road, Ithaca, N. Y. to Seth
D. Johnson and Norma R. Johnson by deed dated October 11, 1937
recorded in the Tompkins County Clerk's Office in Book 245 of
Deeds at page 488, that the said premises as conveyed to the
said Seth D. Johnson and wife had a frontage on Slaterville Road
of 57' 7" as shown on the Survey Map attached hereto; that both
Seth D. Johnson and his wife entered into possession of said
property and occupied the same during their lifetime; that Allen
L. Johnson is the son of -Seth D. and Norma Johnson.
2) That the premises known as 1534 Slaterville Road
adjoining the 1532 Slaterville Road was conveyed by Albert German
to Seth D. Johnson and Norma R. Johnson by Land Contract dated
August 23, 1945, recorded in said Clerk's Office in Book 288 of
Deeds at page 196; that prior to Elmer German giving the deed to
Johnson he conveyed the said premises to Harold Rightmyer and
Carolyn Y. Rightmyer subject to the Land Contract
(said deed was
O'CONNOR.
iVOCOOL, PFANN
6 GREENSURG
TTORNEre AT LAW
iNACA, NEW YORK
dated December 1, 1947 and recorded in said.Clerk's Office
in Book 312 of Deeds at page 353); that subsequently Harold
Rightmyer and Carolyn Y. Rightmyer gave a deed to Seth D.
Johnson and Norma R. Johnson dated February 8, 1968, recorded
in said Clerk's Office in Book 473 of Deeds at page 1039, which
deed conveyed the premises covered by the Land Contract and
known as 1534 Slaterville Road, Ithaca, New York; that Seth D.
Johnson and Norma -R. Johnson entered into possession of premises
known as 1534 Slaterville Road when they executed the Land Con-
tract in 1945; that subsequently in 1949 Harold Rightmyer, above
referred to, a carpenter, constructed an apartment in an unused
portion of the premises known as 1534 Slaterville Road; that
after completion of the said work the said premises were rented
as a two apartment complex and continued to be so rented down
to the present time; that this information is based on the person
al knowledge of Allen Johnson and is confirmed by a recent con-
versation confirming the date with Harold Rightmyer; that Seth
D. Johnson improved the said premises and one of the improvements
was the paved driveway; that in October, 1967 Seth D. Johnson
had a new survey run of the said premises in which he changed
the lines between the said properties and labeled the same
"proposed new division line" as shown on said survey map; that
in fact, however, the said premises were never subdivided into
separate parcels by deed as Seth D. Johnson continued to own same]
® 3) That in July, 1972 Seth D. Johnson conveyed the said
premises to Allen L. Johnson and Kay J. Johnson by deed recorded
in said Clerk's Office in Book 501 of Deeds at page 434 and at
that time a new description was made going around the entire
outside of both premises;
4) That Allen L. Johnson wishes to convey the said prem-
ises as two parcels and to include in the property known as 1532
Slaterville Road the additional space enclosed with the "pro-
posed new division line"; that by including this area with
1532 Slaterville Road there will be additional yard area thereby
complying with the present zoning laws of the Town of Ithaca.
Sworn to before me this
,n 1N d � of ;�n 1979
4ot) a �Pl
O•CONNOR.
SOVOCOOL, PFANN
& GREENBURG
ATTORNEYS AT LAW
ITHACA. NEW YORK
)V 181)
-- —
--
--
---- — ----
- - ---
® 3) That in July, 1972 Seth D. Johnson conveyed the said
premises to Allen L. Johnson and Kay J. Johnson by deed recorded
in said Clerk's Office in Book 501 of Deeds at page 434 and at
that time a new description was made going around the entire
outside of both premises;
4) That Allen L. Johnson wishes to convey the said prem-
ises as two parcels and to include in the property known as 1532
Slaterville Road the additional space enclosed with the "pro-
posed new division line"; that by including this area with
1532 Slaterville Road there will be additional yard area thereby
complying with the present zoning laws of the Town of Ithaca.
Sworn to before me this
,n 1N d � of ;�n 1979
4ot) a �Pl
O•CONNOR.
SOVOCOOL, PFANN
& GREENBURG
ATTORNEYS AT LAW
ITHACA. NEW YORK
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.AT a Public Hearing of the Zoning Board of
Appeals of the Town of Ithaca, County of
Tompkins, State of New York, held in the
Town Hall, 126 East Seneca Street,6in
the City of Ithaca, on May 29, 1979.
PRESENT:
Peter K. Francese, Chairman
Edward W. King
Edward N. Austen
* * * * * * * * * * * * * * * * * * * * * * * *
*
In the Matter of Application
of
.DORIS M. SOVOCOOL * ORDER
* GRANTING
To vary the requirements of the Zoning * VARIANCE
Ordinance of the Town of Ithaca with
respect to the premises located at
110 Renwick Drive, Town of Ithaca Tax
Parcel No. 6-17-3-16.1, Ithaca, New York
*
* * * * * * * * * * * * * * * * * * * * * * * *
An application in the above matter to vary the requirements
of the Zoning Ordinance of the Town of Ithaca to allow for the
issuance of a Certificate of Compliance by the Building Inspector
of the Town of Ithaca on a lot upon which there exists a house and
two garages, the northernmost of such garages being located upon
said property contrary to the yard requirements of the Town of
Ithaca Zoning Ordinance, such property being located at 110
Renwick Drive, Ithaca, New York, Town of Ithaca Tax Parcel No.
6-17-3-16.1, having been presented by DORIS M. SOVOCOOL, Roger B.
Sovocool, as Agent, to the Zoning Board of 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 May 29, 1979,
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 pros-
perity 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 and a Certificate of
Compliance issued by the Building Inspector.
FINDINGS OF FACT:
1. The subject northernmost garage has existed on subject
property for 16 years with no complaints and no one appeared
before this Board in opposition to said appeal.
2. Appellant has taken land on which there could have been
buildings constructed and there have been no dwellings added,
thus decreasing possible density.
3. The continuation of the location of subject garage a few
inches from the lot line appears to have no detrimental effect,on
the health, safety and welfare of the neighborhood.
4. That it is in keeping with t irit d intent of the
Zoning Ordinance to permit said ga a to rem i its present
location.
i
Peter K. Francese, Chairman
Zoning Board- of Appeals- -
® Town of Ithaca
Dated: Ithaca, New York
July 2, 1979
1
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EXCERPT from the Minutes of the Town of Ithaca Zoning Board of Appeals
Meeting of May 29, 1979.
PRESENT: Chairman Peter K. Francese, Edward N. Austen,
Edward W. King,
APPEAL OF ALLEN L. AND KAY J. JOHNSON, APPELLANTS, FROM THE DECISION OF
THE BUILDING INSPECTOR DENYING PERMISSION TO SUBDIVIDE A LOT WITH TWO
NON -CONFORMING STRUCTURES INTO TWO SUBSTANDARD LOTS AT 1532-1534
SLATERVILLE ROAD, PARCEL NO. 6-56-3-8, ITHACA, N.Y. PERMISSION IS DENIED
BY THE BUILDING INSPECTOR UNDER ARTICLE XIII, SECTION 67, AND ARTICLE IV,
SECTIONS 14 AND 16, OF THE TOWN OF ITHACA ZONING ORDINANCE.
FINDINGS OF FACT:
1. There is no doubt that this is a use that existed prior to
the enactment of the Town of Ithaca Zoning Ordinance in 1954.
2. The Town Engineer has indicated that he has no difficulty,
problem, or objection to changing part of the division line between
the two existing lots.
3. No one appeared in opposition to the proposal.
4. There appears to be no damage to the health, safety, morals,
or general welfare of the community which would be incurred by the
granting of this appeal.
MOTION by Mr. Peter Francese, seconded by Mr. Edward King:
RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca
grant and hereby does grant to the Appellants, Allen L. and Kay J.
Johnson, permission to re -divide the properties known as 1532-1534
Slaterville Road, Town of Ithaca Tax Parcel No. 6-56-3-8, along the
proposed new subdivision line shown upon the Survey Map submitted with
the Appeal on May 29, 1979, said Survey Map being titled "Portion of
Lands of Seth Johnson, Part of Lot 98, Town of Ithaca, Tompkins Co.,
N.Y., Oct. 28, 1967, John A. Dougherty, L.S. 36171", filed in Liber 501,
Page 436, Tompkins County Clerk's Office, and resulting in the property
at 1532 Slaterville Road having a frontage of about 85' and the property
at 1534 Slaterville Road having a frontage of about 511, and each of
such properties being deemed in compliance with the Town of Ithaca
Zoning Ordinance.
There being no further discussion, the Chair called for a vote.
Aye - Francese, Austen, King.
Nay - None.
The MOTION was declared to be carried unanimously.
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
TOWN OF ITHACA )
I, Nancy M. Fuller, Deputy Town Clerk of the Town of Ithaca,
New York, and Secretary to the Zoning Board of Appeals of said Town,
do hereby certify that the foregoing Excerpt is a true and exact
copy of a portion of the Minutes of a Public Hearing duly and properly
held by said Zoning Board of Appeals on the 29th day of May, 1979,
with all members of said Board having had due and proper notice thereof,
and a Notice of such Public Hearing having been duly and properly posted
and published on May 21, 1979, and May 24, 1979, respectively.
IN WITNESS WHEREOF, I have hereunto set my hand and the Corporate
Seal of the Town of Ithaca, New York, this 24th day of July, 1979.
S E A,L
Nancy M. Ful r, Deputy Town Clerk
and Secreta6, Zoning Board of Appeals
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