HomeMy WebLinkAboutZBA Minutes 1980-06-26 Z� �vNw�"� �I2�1 � �� w1
TOWN OF ITHACA ZONING BOARD OF APPEALS
JUNE 26 , 1980
® The Town of Ithaca Zoning Board of Appeals met in working session on
Thursday , June 26 , 1980 , 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 , Joan Reuning ,
Jack D . Hewett , Lewis D . Cartee ( Building Inspector ) , Barbara Z . Restaino
( Planner ) .
DISCUSSION OF ZONING BOARD OF APPEALS INPUT INTO AND SUGGESTIONS FOR THE
PROPOSED ZONING ORDINANCE REVISIONS .
The Board .felt that there were certain ambiguities in definition of
the role of the Zoning Board of Appeals .
Mr . King presented a proposal suggesting changes in Section 71 ,
Zoning Board of Appeals , under date 6 / 26 / 80 . This proposal forms a part
of these Minutes - and is appended hereto .
After lengthy discussion , the Board approved their proposal for
Section 71 which also is appended to these Minutes .
The Board also approved a change in Definition #84 wherein any
ambiguity in wording should be interpreted by the Board of Appeals . and not
the Town Board . It should be noted also that in their proposal for Section
® 71 , the Board approved that it should be the body to determine the exact
location of any zone boundary if there is uncertainty with respect thereto .
At this point , having completed its work in re their specific
suggestions , the Board members proceeded -, to discuss certain approaches to
zoning in general that it felt necessary to speak to . This was an open -
ended discussion with each member . expressing his or her point of view as
to the needs of the community and the Town and nation in general . A brief
summary of some of these items follows :
1 . Discussion of occupancy - - multiple residences - - owner - occupied single
and two - family homes .
2 . Special permit to allow specified occupancy ? ? ? Large house , now
relatively empty - - what to do ?
3 . Build or utilize a structure for higher density - - special permit - -
Planning Board - - criteria .
4 . ( a ) New construction which would be feasible .
( b ) Existing large structure - - limiting occupancy .
5 . Special permit adding one or more additional persons on a case by
case .basis .
6 . Additional multiple residence zones on zoning map - - - remove height
restrictions ? ? ? ? ?
7 . Empower Planning Board under certain circumstances - - proximity of
other dwelling units , screening , acreage , parking or side yards - - to
allow .- for additional persons living on the premises .
( a ) responds to developers and large houses ? ? ? ?
OR
® ( b ) under Cluster , remove all height restrictions ? ? ? ?
8 . Cluster will . never happen because of density - - uneconomic - - 7 units
per net acre ? ? ? ?
9 . Character of neighborhood important to consider in issuance of permit
to allow additional persons .
Zoning Board of Appeals - 2 - June 26 , 1980
10 . ? ? ? Liberalize square footage for multiple residence ? ? ? ?
Review height restrictions ? ? ?
Additional multiple residence zones ? ? ?
Special permit to allow for " x " number of additional persons in
one or two family dwellings ? ? ?
200 sq . ft , of habitable space over and above a base square footage
of 700 sq . ft . ? ? ?
The members agreed that , . based on their discussions this evening ,
they would write up their ideas and submit them to Mrs . Restaino in less
than one week . These suggestions will be discussed at the Zoning Board
of Appeals meeting of July 9 , 1980 .
ADJOURNMENT
Upon Motion , the June 26 , 1980 , working meeting of the Town of Ithaca
Zoning Board of Appeals was duly adjourned at 9 : 15 p . m .
Respectfully submitted ,
Nancy M . Fuller ,
Secretary .
Peter K . Francese , Chairman
Zoning Board of Appeals
A5 approrA . 6y Z . 6 . A .
(JUNE 2 (O I980 . - 92 - 7 / 10 / 80
SECTION 71 , Zoning Board of Appeals .
There is hereby established a Zoning Board of Appeals which
shall function in the manner prescribed by law .
1 . The ' members . of the Zoning Board of ' Appeals shall be
residents of the Town of Ithaca and shall be appointed by the
Town Board to serve for terms as prescribed by law . Vacancies
occurring - in said Board by expiration of terms or otherwise shall
be filled - in the same manner .
2 . The Chairman of the Zoning Board of Appeals shall be
appointed by the Town Board annually . The Zoning Board of Appeals
annually shall choose its own vice - chairman , who shall preside in .
the absence of the chairman . . In the absence of both the chairman
and vice - chairman , the Zoning Board of Appeals shall choose one
of its num er
b as acting - chairman . Such chairman , or . the party
acting in his stead . during his absence ; may administer oaths and
compel . the attendance of witnesses . The Zoning Board of Appeals .. .
may appoint a secretary who shall take minutes of all its meetings
.. .. . and keep its records .
3 . The Zoning Board of Appeals shall adopt from time to time
such rules and regulations as it may deem necessary to carry into
effect the provisions of this Ordinance and all its resolutions
and orders shall be in accordance therewith .
4 . The Board shall hear all applications properly directed
to it , and any person aggrieved by any decision of any officer of
the Town charged with the enforcement of this Ordinance , or by
® any decision of the Planning Board , may take an appeal to the
Zoning Board of Appeals in accordance with the following pro -
visions :
- 93 - 7 / 10 / 80
( a ) The applicant or appellant shall pay the rate
established by the Town Board for the publication of
Notices of the hearing , if any is required .
( b ) The application shall be made , or the appeal
shall be taken , by filing with the Town Clerk a written
Application or Notice of Appeal , which shall be upon
the forms prescribed by the Board , completed in the
manner directed by any Rule of the Zoning Board of
Appeals , . and shall contain , in any event , a statement
of the relief sought , referring to the specific
provisions . of . the Ordinance involved , the grounds or
basis for the application or appeal , the specific
decision or . action appealed , and other matter relevant
to the case .
( c ) Appeals must be taken within a reasonable time ,
which shall be presumed to be within ten ( 10 ) business
days in the case of an appeal from the grant of a
Building Permit , Special Permit , or Certificate of.
Occupancy , and within twenty ( 20 ) business da:ys . in all .
other cases . Such presumption may be rebutted by good
cause shown .
( d ) The Zoning Board of Appeals shall fix a reasonable
time for the hearing of all applications and appeals .,
and shall give public notice thereof as well as notice
to the parties in interest .
( e ) The Zoning Board of Appeals shall act in accor -
dance with the procedures specified by law and by
this Ordinance .
- 94 - 7 / 10 / 80
( f ) Every decision of the Zoning Board of Appeals shall
®
be by resolution which shall contain a reference to the
findings of the Board in the particular case . Each such
resolution shall be filed in the office of the Town
Clerk , together with all documents pertaining thereto .
( g ) The Zoning Board of Appeals shall notify the Town
Board and the Planning Board of each variance granted
under the provisions of this Ordinance .
5 . The Zoning Board of Appeals shall have all of the powers
and duties prescribed by law and by this Zoning Ordinance , inclu-
ding those more particularly specified as follows :
( a ) Interpretation . Upon appeal from a decision by
an administrative officer or Board , to decide any
. question . involving the interpretation of any provisions
of this Ordinance , including determination of the exact
location of any zone boundary if there is . uncertainty
with respect . thereto .
( b ) Variances . . To vary or adapt the strict applica-
tion of any of the requirements of this Ordinance .
In the granting of any variance , the Zoning Board of
Appeals shall prescribe any conditions that it deems
to be necessary or desirable . No variance in the
strict application of any provision of this Ordinance
shall be granted by the Zoning Board of Appeals
Unless It Finds :
® i . That there are special circumstances or
conditions , described in the findings , applying
to the land or building for which the variance
- 95 - 7 / 10 / 80
is sought , and that such - circumstances or condi
tions are such that the strict application of
the provisions of this Ordinance would result in
practical difficulties or unnecessary hardship , or
would deprive the applicant of the reasonable use
of such land or buildings without particular or .
commensurate benefit to the community .
ii. . That , for reasons set forth in the findings ,
the granting of the variance is necessary for the
reasonable use of the land or building , and that
the variance as granted by the Zoning Board of
Appeals is the . minimum variance that will accom-
plish this purpose . The Zoning Board of Appeals
may permit a lesser variance than that applied for .
iii . That the granting of the variance will be in
harmony with the general purpose and intent of
this Ordinance , and will not be substantially
or unreasonably injurious to the neighborhood or
otherwise significantly detrimental to the public
welfare .
iv . The fact that there is a non - conforming use
of neighboring lands , structures or buildings in
the same district , or in other districts , shall not
in itself be considered justification for the
issuance of a variance .
® V . In granting any variance , the Zoning Board of.
Appeals may prescribe appropriate conditions and
safeguards in conformity with this Ordinance .
Y '
. , - 96 - 7 / 10 / 80
Violations of such conditions and safeguards ,
where made apart of the terms under which the
variance is granted , shall be deemed a violation
of this Ordinance and grounds for revocation of
the variance by the Zoning Board of Appeals upon
its own motion or upon application made to it .
( c ) Other relief . The Zoning Board of Appeals may
grant such other . relief , including the issuance of . a
special permit with or without conditions , as it may
deem appropriate in a particular case before it .
EWK : cak 6 / 26 / 80
( Suggested Changes in SECTION 71 )
Zoning Board . of Appeals.
- . SECTION <71 . Zoning ' Board of Appeals .
There is hereby established a Zoning Board of.. Appeals which shall
function in the manner prescribed by law .
1 oe •
2 oe •
3 . e •
4 . The Board shall hear all aplications properly directed to
it , and any person aggrieved . by any decision of any officer of the
Town charged with the enforcement of this Ordinance , or by any deci -
sion of the Planning Board , may take an appeal . to the Zoning Board
of Appeals in accordance with the following provisions .
( a ) The applicant or appellant shall pay the rate es -
tablished _ by the Town Board for the publication of No -
tices of the hearing , if any is required .
( b ) The application shall be made , or the appeal shall
be taken , by filing- with the Town Clerk a written Appli -
cation or . Notice of ;, Appeal , which shall be upon the
.forms prescribed : by the Board , completed in the manner ,
directed by any Rule - bf the Zoning Board of Appeals , and
shall contain , in any event , a statement of the relief
sought , referring to the specific provisions of the Or -
dinance involved , the grounds or basis for the applica -
tion or appeal , the specific decision or action appealed ,
and other matter relevent to the case .
( c ) Appeals must be taken within a reasonable time ,
to • be
Which shall be presumedAwithin ten ( 10 ) business days .
in the case of an appeal from the grant of a Building
Permit , Special Permit , or Certificate of Occupancy ; and
® within twenty .( 20 ) business days in all other cases .
Such presumption may be rebutted . by good cause - shown .
( d ) The Zoning Board of Appeals shall , fix a reason -
able time for the hearing of all applications and
appeals , and sh all . . give public notice thereof as
well as notice . to the parties in . interest .
( e ) The Zoning - Board of Appeals shall act in ac -
cordance with the procedures specified by law , and .
-by - this ordinance . '
( f ) .Every decision of . the . Zoning Board of Appeals
shall be by resolution which shall contain a refer -
ence to the findings of the Board in .the particular
case . Each such resolution . shall be filed in the
office of the Town Clerk , together with all docu -
ments pertaining thereto .
( g ) The Zo.ni_ng Board of Appeals shall notify the
Town Board and the Planning _Board of each variance
granted under the provisions of this Ordinance .
® 5 . The Zoning Board of Appeals shall have all of the powers - and
duties prescribed by law and by this Zoning _ Ordinance , including
those more particularly spec iAfied as follows
( a.) . Interpret:ation . . _ Upon , appeal from a decision
by an adminis,tratiwe ' officer ' or Board', : to decide
any .` question involving the interpretation of . any
provisions . of this Ordinance , including determina -
tion of the. exact location of any district boundary
if there is uncertaintly with respect thereto .
( b ) Variances . To vary or adapt the strict appli -
cation of any of the requirements of this Ordinance .
In the granting of any variance , the Zoning . Board of ' '
Appeals shall prescribe any conditions that it deems
to be necessary or desirable . No variance in the .
strict application of any . provision of this Ordinance
shall . be granted by the Zoning Board of Appeals
Unless It Finds
2
i . That there are special circumstances or con -
ditions. , described in the findings , ' applying to
the land or building for which the variance is
sought , , and that such circumstances or condi -
tions are such that the strict application of
the provisions of this .Ordinance would result in
, practical difficulties. or unnecessary hardship ,
or would deprive the applicant of the reasonable
use of . such land or buildings without particular
or commensurate benefit to the community .
ii . That , for reasons set forth in the findings ,
the granting of . the . variance is necessary for the
reasonable use of the land or building , and that
the variance as granted by the Board is the min -
imum variance that will accompliish .this purpose .
The Board - may permit a lesser variance than that
app l ied, Jor .
iii . That the granting of' the variance will be
in . harmony : with _ the general - purpose and intent .
of thisOrdinance , andw wi11 : not be substantially
or unreasonably injurious to - the neighborhood or
otherwise significantly detrimental to the public
welfare .
iv . The fact that there is a non -conforming use
of neighboring lands , structures or buildings in
the same district , or in other districts , shall
not in itself be considered justification - for the
issuance . of a variance .
VS In granting any variance , the • Zoning Board of
' Appeals may prescc" ibe appropriate conditions and
safeguards in conformity with this Ordinance .
Violations of such conditions and safeguards ,
where madea part of. the terms under which the
variance is granted , shall be deemed a violation
of this Ordinance and grounds for revocation of
3
r
the variance by the Zoning Board of Appeals upon
its own motion or upon application made to it .
Add ( IL ) n � ti � V re, /Ii Tti 2 . r5 . A . ^.r. 9 OCL#
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