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HomeMy WebLinkAboutZBA Minutes 1981-08-05 TOWN OF ITHACA ZONING BOARD OF APPEALS AUGUST 5 , 1981 ® The Town of Ithaca Zoning Board of Appeals met on Wednesday , August 51 1981 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 12 : 00 Noon . PRESENT : Edward W . King , Henry Aron , Edward Austen , Lewis D . Cartee ( Building Inspector ) . ALSO PRESENT : Attorney Laura H . Holmberg , Mr . Peter M . Cohen . Mr . - Austen declared the meeting duly opened at 12 : 20 p . m . APPEAL OF EDWARD AND J . HART AND PETER M . COHEN , APPELLANTS , ATTORNEY LAURA H . HOLMBERG , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR THE CONSTRUCTION OF AN ADDITION OF 416 SQ . FT . CREATING A NORTH SIDE YARD DEFICIENT IN SIZE AT 1071 TAUGHANNOCK BLVD . , PARCEL NO , 6 - 21 - 2 - 9 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Mr . :1_:Austen declared the Public Hearing in the above - noted matter duly opened at 12 : 20 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 July 28 , 1981 , and July 31 , 1981 , respectively , toge - ther with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question . ® Mr .,-. Austen read aloud the Appeal Notice as set forth above . Mr . King stated that the Affidavit of mailing by Nancy Fuller was filed and a copy of the notice was mailed to the neighbors , including Roger and Susan Dennis who are the neighbors immediately north of the subject property of . Cohen . and _Hart and are the people who would be most affected by the requested variance . It was noted that the subject property is an irregular shaped lot almost triangular with the existing building at 1071 Taughannock Blvd . built near the easterly apex located at a pocket , _: there being a ten - foot embankment close behind the cottage residence building , and , the top of the bank west of Cayuga Lake shore line being close in front . It was noted that the request is to permit the construction of a second story addition " of one room which would project northerly through the northeasterly corner and would be four feet from the north line and the northwesterly corner would be ten feet south of that property line , the post line being considered a side yard line . Mr . King pointed out that the ordinance requires a 15 - foot side yard in an R15 zone . Attorney Laura Holmberg referred to the Appeal Form and attached Survey Map prepared by Carl Crandall , C . E . , dated 12 / 23 / 57 , and certified as to accuracy by Peter M . Cohen on July 25 , 1981 , the Appeal Form reading as follows : , " . . Having been denied permission to construct a 416 sq . ft . cottage addition at 1071 Taughannock Boulevard . . . The Hart - Cohen cottage is essentially a " Boston " . The Harts use the lower flat for occasional weekends whereas Cohen lives year round in the upper flat . The trapezoidal lot narrows from 139 ' on Taughannock Blvd . to 40 ' of Lake frontage . The existing cottage is well sited , 80 ' back from the shore and in no close proximity to neighboring structures . The only feasible location to add much needed space is on the north side . Mr . Roger Dennis , owner of the adjacent property , has been consulted and stated no objections to the proposed addition . Zoning Board of Appeals - 2 - August 5 , 1981 ( Sgd . ) Peter M . Cohen Dated : July 25 , 1981 " Mrs . Holmberg stated that the application is clear that because of the topography it is not possible to make an addition to this house in any other way , and , because it is on the second floor , will not impede access along the side of the building . She stated that the Dennises have been notified and are not present and have expressed no objection to the .. proposal to Mr . Cohen . She stated that their privacy is protected . Mr . Cohen described the plan , stating that the addition was an average of ten or twelve feet in the air ; that there are very few buildings in a line on any of the lots ; that they are staggered up and down ; that the Dennis property is 40 feet from the dwelling in question . Mr . King noted that there is plenty of land . Mr . Aron stated that he had no questions , adding that he would agree with Mrs . Holmberg that the topography does not lend itself to allow for the 15 - foot side yard . He suggested that a variance should be granted on the grounds of topography and added that there were no persons in objection present . Mr . King concurred and noted , in addition , that the Dennis building , next north , - is 40 _ feet north of this common property line , and so there is a good separation between these two structures , even with a variance . He ® pointed out also that no members of the public nor neighbors appeared in favor of or in opposition to the request for variance , and the Board is informed that . the neighbors next door , Roger and Susan Dennis , are in agree - ment with this .. constr. uction . Mr . King stated that he is in favor of gran - ting the variance . MOTION by Mr . Edward King , seconded by Mr . Henry Aron : RESOLVED , that the Town ' of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance for 1071 Taughannock Blvd . , Town of Ithaca Tax Parcel No . 6 - 21- 2 - 9 , Edward and J . Hart and P . Cohen , owners of record , to permit the construction of an addition of 416 sq . ft . , such addition being 10 feet from the northwest side lot line and 4 feet from the northeast side lot line , and being an addition to the existing dwelling _, known as 1071 Taughannock Blvd . , with said variance being a variance from the requirements of Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance , and with . said grant of variance thus allowing the issuance of a building permit for said construction in accordance with the provisions of Article XIV , Section 75 , of said Town of Ithaca Zoning Ordinance . There being no further discussion , the vote was as follows : Aye - King , Aron , Austen . Nay - None . The MOTION carried unanimously . The matter of the Appeal of Edward and J . Hart and Peter M . Cohen was declared to be duly closed at 12 : 30 p . m . ADJOURNMENT Upon Motion , the August 5 , 1981 , meeting of the Town of Ithaca � Zbning Board of Appeals - 3 - August 5 , 1981 Zoning Board of Appeals was declared to be duly adjourned at 12 : 31 p . m . Respectfully submitted , Alberta H . Thompson , Acting - Secretary . Edward N . Austen , Vice - Chairman Zoning Board of Appeals Town of Ithaca