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HomeMy WebLinkAboutZBA Minutes 1989-12-13 FILED TOWN OF ITHACA Date Clerk Town of Ithaca 1 Zoning Board of Appeals December 13 , 1989 TOWN OF ITHACA ZONING BOARD OF APPEALS DECEMBER 13 , 1989 PRESENT : Chairman Henry Aron , Edward Austen , Eva Hoffmann , Edward King , Joan Reuning , Town Attorney John Barney , Building Inspector/ Zoning Enforcement Officer Andrew Frost . OTHERS PRESENT : Asa George , Robert M . Laughlin , Constance Finlay , Charles Davis , Bruce Shindhelm , David B . Gersh , Esq . , M . K . Trochim . Chairman Aron called the meeting to order at 7 : 12 p . m . and stated that all posting , publication and notification of the public hearings had been completed and that proper affidavits of same were in order . The first Appeal on the agenda was the following : APPEAL OF CONSTANCE FINLAY , APPELLANT , REQUESTING AUTHORIZATION BY THE ZONING BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE EXTENSION OF A NON-CONFORMING BUILDING/ LOT LOCATED AT 105 EASTERN HEIGHTS DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 57 - 1- 8 . 27 , RESIDENCE DISTRICT R - 15 . SAID EXTENSION PROPOSES THE CONSTRUCTION OF ADDITIONAL LIVING SPACE AND AN OUTSIDE WOOD DECK TO BE LOCATED AT THE REAR ( SOUTH END ) OF AN EXISTING TWO - FAMILY HOME ON AN IRREGULAR-SHAPED BUILDING LOT , WITH AN 8 -FOOT + OR - SETBACK FROM THE PROPOSED DECK TO THE EAST SIDE LOT LINE . A VARIANCE WAS GRANTED BY THE ZONING BOARD OF APPEALS ON JULY 22 , 1981 ALLOWING FOR A FOUR- FOOT + OR - EAST SIDE YARD SETBACK FROM THE EXISTING HOME . THE BUILDING/ LOT IS NON-CONFORMING WITH CURRENT ZONING REGULATIONS , AS THE SAME RELATE TO IRREGULAR-SHAPED BUILDING LOTS , IN THAT SAID LOT HAS AN EXISTING WEST SIDE YARD SETBACK OF 13 . 6 + OR - FEET , FROM A CARPORT , WHEREAS 20 FEET IS REQUIRED , AND AN EXISTING REAR YARD SETBACK OF 32 . 5 + OR - FEET , WHEREAS 50 FEET IS REQUIRED , AND WITH THE PROPOSED ADDITION CREATING A NEW REAR YARD SETBACK OF 20 + OR - FEET ( 50 FEET BEING REQUIRED ) . Chairman Aron read into the record a letter from Harry Missirian , Acting Commissioner of Planning for Tompkins County , dated December 6 , 1989 , which is attached hereto as Exhibit 1 . ® Town of Ithaca 2 Zoning Board of Appeals December 13 , 1989 Mrs . Finlay addressed the Board and presented a letter from Mr . and Mrs . Maurice E . White , 101 Eastern Heights Road , dated December 13 , 1989 . Chairman Aron read the letter into the record and it is attached hereto as Exhibit # 2 . Mrs . Finlay explained that the porch is not in very good shape and she could really use another room which she could use all year round and there is also a need for better storage space underneath the deck . What she has now for a storage space has a dirt floor and it is not very weatherproof in the wintertime . Chairman Aron asked if it is an absolute necessity that she has to have that . Mrs . Finlay responded that it is a necessity that she has to do something with it . The porch itself is beyond repair . It would be possible to build something within the same footprint as what is there now . She stated that if she is going to be building something , it might as well be something that is nice and not just another similar type of porch , as it is now . She explained that the proposed room would be a type of sun room that could be used all year . Chairman Aron asked Mrs . Finlay if the proposed room could be made into a bedroom . She replied that she supposed so , but that is not the intention . Her intention is for the room to be used as a sitting room . Mrs . Finlay stated that her house is 26 ' x 38 ' and there are 3 in her family , 2 daughters and herself . Her house is a two - family house with a rental apartment in the basement . She bought the property in 1984 . Chairman Aron asked Mrs . Finlay if the Board did not grant the request would it create a problem for her . Mrs . Finlay replied yes , adding that her house is very small and when she has the apartment rented , there is not much room upstairs and there is no storage space . She needs to rent the apartment as it is income for her and helps pay the mortgage on the house . Mr . King asked Mrs . Finlay if she would be increasing space in the apartment also with this petition . Mrs . Finlay responded no . She explained that the apartment takes up what is essentially the basement so that when she rents the apartment she has no place for storage for such items as lawn mowers and tools , etc . ® Town of Ithaca 3 Zoning Board of Appeals December 13 , 1989 Mr . King asked Mrs . Finlay for the total square footage of the additional space . Mrs . Finlay replied that it would be 12 ' x 18 ' for the room and 8 ' x 18 ' for the deck . She stated that the deck could be moved over to the side by the carport . Chairman Aron opened the public hearing . No one appeared to address the Board . Chairman Aron closed the public hearing . Mr . Charles Davis , the contractor for Mrs . Finlay , responded to questions from the Board and he presented a copy of the survey map , dated June 18 , 1981 and amended February 16 , 1984 . He drew , in red and initialed , that the deck could go to the side toward the carport with a measurement of 8 ' x 141 . ( Exhibit # 3 • ) Mrs . Hoffmann asked if the area under the deck would be covered up or will it be open . Mrs . Finlay said that you will be able to see under the deck - it will be an open area . Mr . King asked how high off the ground the deck will be at the highest point . Mr . Davis said that at the highest point it • would probably be 8 feet . Discussion followed regarding the possibility of moving the deck to the west side of the addition . Mr . King made the following motion . RESOLVED , that the Town of Ithaca Zoning Board of Appeals finds the following . 19 that the applicant ' s existing property is a legal non - conforming two - family house on an irregular shaped lot , 2a the present living space in the house appears to be about 1700 square feet and the proposal is to add an enclosed two - story addition to the southerly part of the house , near the southwest corner which is in the rear yard which will add a footprint of about 216 square feet and , being two - story , would give additional living space of 432 square feet so that the total living space in the house will become 2160 square feet ; • ® Town of Ithaca 4 Zoning Board of Appeals December 13 , 1989 3 * the proposed main addition would not come closer than 15 feet to the east side yard ( the southeast corner of the addition ) , whereas the variances previously have been granted to permit the southeast corner of the main part of the house to be 4 feet from that east side line , 4e the applicant is willing to shift the proposed deck westerly and to reduce its size from the proposed 8 ' x 18 ' to 8 ' x 14 ' thereby diminishing the impact on the property to the east , 59 the only appearance before the Board has been a letter from the neighbor immediately adjacent west who approves the addition ; 6e the proposal seems reasonable to increase the living space in this house to a modest 2160 square feet , • therefore , be it RESOLVED , that the Town of Ithaca Zoning Board of Appeals approves the proposed additions as modified by the shifting of the deck to the west toward the carport ( as marked on Exhibit # 3 by the contractor , Charles Davis ) , also with the following findings . 1e this will not be detrimental to the health , safety , morals , and general welfare of the community ; 2e this will be in harmony with the general area of this district , 3 * the premises are reasonably suited for this use ; 49 the proposed use and location and design of the structure is consistent with the character of the other buildings in the area , 5 * it will not detrimental to the general amenities or neighborhood character on grounds sufficient to devaluate neighboring properties or seriously inconvenience neighboring inhabitants ; 6 * the proposed access and egress for the structure and uses is safely designed , 79 the general effect of the proposed use upon the community as a whole , including traffic load on pubic streets , load on water and sewer system , will not be detrimental to the health , safety and general welfare of the community . Mrs . Reuning seconded the motion . Town of Ithaca 5 Zoning Board of Appeals December 13 , 1989 The voting on the motion was as follows . Ayes - King , Hoffmann , Reuning , Austen , Aron . Nays - None . The motion was carried unanimously . The next Appeal on the Agenda was the following . APPEAL OF WILLIAM M . AND MARY KIM TROCHIM , APPELLANTS , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 14 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR AN EXISTING SINGLE-FAMILY HOME LOCATED AT 402 WINTHROP DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 72 - 1 - 3 . 2 , RESIDENCE DISTRICT R- 15 . SAID HOME HAS A 14 . 8 -FOOT EAST SIDE YARD SETBACK , WHEREAS 15 FEET WAS REQUIRED UNDER ZONING REGULATIONS IN EFFECT AT THE TIME OF THE CONSTRUCTION OF THE HOME , HOWEVER , CURRENT ZONING REGULATIONS , AS THE SAME RELATE TO NON- CONFORMING LATS , REQUIRE THAT SAID LOT HAVE A 25 -FOOT EAST SIDE YARD SETBACK . Chairman Aron read a letter into the record from Harry Missirian , Acting Commissioner of Planning for Tompkins County , dated December 6 , 1989 and attached hereto as Exhibit # 4 . Mrs . Trochim explained to the Board that the porch was built about 15 years ago . They purchased the building in August 1989 and after they had proceeded with that entire situation they discovered that this had been developed out of variance . She explained that it was discovered within all the various aspects of developing the abstract and the paper work that was essential for the closing . At that time they could not change their minds since they had already committed to the purchase of the property . Chairman Aron read into the record a letter from Mr . and Mrs . Stephen D . Mosher , dated September 26 , 1989 . ( Attached hereto as Exhibit # 5 ) . Chairman Aron opened the public hearing . No one appeared to address the Board . Chairman Aron closed the public hearing . Town Attorney Barney , for the record , stated that his law office did represent the Trochims in the purchase of their property . His office is not representing them in conjunction with this appeal . • Discussion followed on the variance that is being requested and how that came to be in existence . Chairman Aron stated that there are a lot of irregular lots in the Town of Ithaca and by having passed that law , we have a lot of non - conforming lots . OTown of Ithaca 6 Zoning Board of Appeals December 13 , 1989 Town Attorney Barney stated that it was a policy decision made by the Town Board for , he thinks , a number of good reasons . He thinks the thought at the time it was passed , was directed toward new subdivisions rather than existing lots . Chairman Aron referred to the survey map , dated 8/ 1989 , attached hereto as Exhibit # 6 . Further discussion followed . Mr . King made the following motion . RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant the requested variance for 402 Winthrop Drive , with the following findings : 1s the situation with the applicant ' s house in this case produces non - conforming side yards which appear to be substantial under the amended ordinance but which actually involve only a matter of a couple of inches additional that would have been required when this • house was constructed on the lot under the old ordinance , 2e there is no simple way to change the existing structure to conform with the present ordinance nor anything desirable to be gained thereby ; 39 no one appeared in opposition to the petition . 49 when one looks at this property , there is certainly no difference between this one and the other properties around that area , and with the following condition . 1s that the side yards of this house at 402 Winthrop Drive , Ithaca Tax Parcel No . 6 - 72 - 1 - 3 . 2 , as shown on the survey map which has been presented to the Board , drawn by George Schlecht , dated August 1989 , be accepted as legal conforming side yards . Mrs . Hoffmann seconded the motion . The voting on the motion resulted as follows . Ayes - Hoffmann , Austen , King , Reuning , Aron . Nays - None . The motion was carried unanimously . • Town of Ithaca 7 Zoning Board of Appeals December 13 , 1989 The next Appeal on the Agenda was the following . APPEAL OF BRUCE E . SHINDHELM , APPELLANT , DAVID B . GERSH , ESQ . , AGENT , REQUESTING AUTHORIZATION BY THE ZONING BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE EXTENSION OF A NON- CONFORMING BUILDING/LOT LOCATED AT 911 EAST SHORE DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 18 - 1 - 8 , RESIDENCE DISTRICT R- 15 . SAID EXTENSION PROPOSES THE REPLACEMENT OF AN EXISTING 22 . 5-FOOT BY 17 . 5 -FOOT GARAGE , LOCATED 2 . 2 + OR- FEET FROM THE WEST SIDE YARD LOT LINE , WITH A NEW 24 -FOOT BY 30 -FOOT GARAGE , TO BE LOCATED PARTIALLY WITHIN THE FOOTPRINT OF THE EXISTING GARAGE AND 5 + OR - FEET FROM THE WEST SIDE YARD LOT LINE . SAID LOT IS AN IRREGULAR-SHAPED LOT , THEREFORE , UNDER CURRENT ZONING REGULATIONS A 20-FOOT SIDE YARD SETBACK IS REQUIRED . Chairman Aron read into the record a letter from Harry Missirian , Acting Commissioner of Planning for Tompkins County , dated December 6 , 1989 , and attached hereto as Exhibit # 7 . • Town Attorney Barney , for clarification , stated that the Board needs to make two distinctions . One is the issue of putting in a larger garage . Clearly that is what was noticed and that is what this Board can consider tonight . The second issue , which Mr . Missirian seems to be alluding to is , does this Board have the authority to say to an applicant : you can convert a residential garage to a commercial use of some sort . Atty . Barney stated that that is not what is before the Board tonight with this Appeal . Attorney Gersh addressed the Board and stated for clarification that Mr . Frost did make a thorough investigation as to whether or not Mr . Shindhelm was conducting a home occupation at this site and his conclusion was that he was not . The facts were that Mr . Shindhelm was simply keeping these trucks on his property , was not conducting any business from the site , he had no employees ; he was not dispatching from the site , he was not conducting any repairs ; not bringing any towed vehicles on the site . In fact , Mr . Shindhelm does not own an automobile , he uses these trucks for his transportation . He also happens to collect tow trucks , much the way people collect antique cars , and he displays these tow trucks at tow truck shows , one of his trucks has been displayed in a tow truck book as one of the best tow trucks in the country and he has trophies . Mr . Shindhelm keeps these tow trucks immaculately . He does not claim any business expenses on his income tax with respect to his residence . There are no , and never have been any , signs on the residence which Town of Ithaca 8 Zoning Board of Appeals December 13 , 1989 refer to his business . His telephone listings in the white pages and the yellow pages have no relevance to this location as his business . Atty . Gersh asked Mr . Frost if he would agree that his conclusion was that this was not in any sense commercial , whether home occupation or otherwise . This is strictly residential . Mr . Frost stated that yes , he agrees with what the counselor says . Chairman Aron asked Mr . Shindhelm if his business is the Finger Lakes Wrecking Company and where those trucks are located . Mr . Shindhelm replied , yes , that is his company and those trucks are located on his property . Chairman Aron asked Mr . Shindhelm if he had a shortwave radio in his house . Mr . Shindhelm said no ; he has a woman who works for him downtown . She has a radio and a phone line in her house and he also has an answering service on Lower Creek Road , Freeville . Mr . Shindhelm explained that when there is a call for him during the day , the woman that works for him on Farm Street • will answer the call . He said that he leaves his house at 7 or 8 o ' clock in the morning and he just goes from call to call . Chairman Aron asked Mr . Shindhelm how many trucks he has on his property . Mr . Shindhelm responded that he owns 5 tow trucks . Atty . Gersh stated to the Board that he really does not want to get off the subject . The issue is not whether this is commercial or residential . That has been investigated and determined by the Zoning Officer . The issue is whether or not Mr . Shindhelm can build a garage . There was a discussion between Attorney Gersh and Town Attorney Barney about whether or not this is in fact a home occupation . Atty . Gersh stated that it is within the Town ' s ordinance to park licensed vehicles on one ' s property , which is all this man does . He asked the Board not to consider any business considerations in this application . Mrs . Hoffmann asked Mr . Shindhelm if all five trucks are used for towing . Mr . Shindhelm responded that two of them are very unique and valuable trucks that he displays at shows . When the occasion arises , he does use them for towing . Mr . Shindhelm further stated that he has one person who works part time for him . Mrs . Hoffmann stated for clarification that there are then , at the most , two trucks out on the road at any one time , the other three are sitting on the lot . Mr . Shindhelm answered that that is right - there is not that demand , especially for the two Town of Ithaca 9 Zoning Board of Appeals December 13 , 1989 bigger trucks . These two trucks are probably only used once every couple of weeks , frankly . Atty . Gersh presented a set of pictures for the Board to look at and discussion followed among Board members and Mr . Shindhelm and his attorney . Atty . Gersh explained that what Mr . Shindhelm is proposing to do is to build a garage that would house the two tow trucks which are now visible from the street . The other three trucks are parked at the top of the embankment and in back of his home so they are not visible from the street . Atty . Gersh further stated that the result of the new garage would be to remove these two trucks from view - it also would have another beneficial effect in that it would permit these diesel trucks to start much more quickly in cold weather , requiring less idling and less noise and fumes . It would also provide security for these trucks which have a value of approximately $ 75 , 000 each . The new garage would be coordinated in color and design with the surrounding garages ; it would landscaped in the front and on the side and would have no • electric service to it . There would no work conducted in the garage of any kind - it would strictly be for storage of the trucks . The situation which has always existed with respect to the absence of any signage on the property would continue - there would be no signs and there would be no storage of flammable liquids or anything of that nature and the traffic to and from the garage would be minimal . Atty . Gersh explained that Mr . Shindhelm ' s request is to build this new garage 5 feet from his north boundary . Atty . Gersh showed photos of the lot in question but he did not leave the pictures with the Board . He said that the present garage is only 2 feet from the present lot line so even at 5 feet there would be some improvement . Atty . Gersh stated that it is interesting to note that the Town Board has decided to treat garages , in particular , with some degree of flexibility . Atty . Gersh presented to the Board a brochure from Morton Buildings , showing the type of garage that is being proposed to be built . Chairman Aron read a letter into the record from Claire Whiting , 915 East Shore Drive , dated December 12 , 1989 ( attached hereto as Exhibit # 8 ) and a letter from Herbert D . Brewer , • Executive Director of the Tompkins County Chamber of Commerce , dated December 8 , 1989 ( attached hereto as Exhibit # 9 ) . Town of Ithaca 10 Zoning Board of Appeals December 13 , 1989 Chairman Aron opened the public hearing . No one appeared before the Board . Chairman Aron closed the public hearing . Mr . King asked Mr . Shindhelm the size of the proposed garage . Mr . Shindhelm said it was 24 ' x 301 . He said that he is hoping the front of the garage will be equal with his immediate neighbors but they will not be able to determine that exactly until they find out how much of the bank in back of the dilapidated garage they can excavate . He said that at the most itwill be 3 feet in front of Whiting ' s garage . Mr . Shindhelm stated that Mr . Whiting has expressed to him that he would prefer to have it level with his , as would Mr . Shindhelm . Discussion followed on the height of the proposed garage and the location of the overhead door , the walk- in door and the windows in the building . Mrs . Hoffmann referred to the survey map , which is attached hereto as Exhibit # 10 . She stated that on the map it looks like the 24 - foot wall is facing the highway . Mr . Frost concurred that Mrs . Hoffmann is correct . Mr . Frost said there is a further problem in that the ordinance only permits a 15 - foot high building and the proposed garage is 18 feet . Mr . King stated the record needs to show that the sketch submitted by the applicant , dated October 30 , 1989 , which is based on the survey map of July 17 , 1986 by Richard Slade , and which shows the proposed garage as 24 ' wide facing the highway and 30 ' feet deep , east -west , back into the bank , away from the highway , has to be corrected to show that the garage would be 30 feet wide east -west and 24 feet north - south . Further discussion followed regarding the height of the proposed garage and the height of his neighbor ' s garage . Mr . Frost stated that he does not think this Board , tonight , can entertain any motion for a height variance because it was not advertised . Chairman Aron stated that he does not see how Mr . Shindhelm can work with a 15 - foot height restriction on the proposed garage , therefore , he would have to come back to the Board and make another application for that , providing the Board grants Mr . Shindhelm the extension of the non - conforming use . Chairman Aron • explained the procedure to Mr . Shindhelm and his Attorney . Town of Ithaca 11 Zoning Board of Appeals December 13 , 1989 Atty . Gersh stated that in the best interest of his client , he will withdraw the application and re - apply with a corrected map and height requirements . Chairman Aron declared the Shindhelm Appeal withdrawn . The last Appeal on the Agenda was the following . APPEAL OF ROBERT AND JANICE W . LAUGHLIN , APPELLANTS , JIM HOVANEC , AGENT , REQUESTING AUTHORIZATION BY THE ZONING BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE EXTENSION OF A NON- CONFORMING BUILDING/ LOT LOCATED AT 117 CONCORD PLACE , TOWN OF ITHACA TAX PARCEL NO . 6 -72 - 1 - 38 , RESIDENCE DISTRICT R- 15 . SAID EXTENSION PROPOSES THE CONSTRUCTION OF ADDITIONAL LIVING SPACE AND AN OUTSIDE DECK TO BE LOCATED AT THE REAR ( NORTH END ) OF AN EXISTING SINGLE-FAMILY HOME , WITH AN EXISTING REAR YARD SETBACK OF 45 FEET , AND WITH THE PROPOSED ADDITION CREATING A NEW REAR YARD SETBACK OF 38 FEET , WHEREAS A 50 - FOOT REAR YARD SETBACK IS REQUIRED UNDER • CURRENT ZONING REGULATIONS , AS THE SAME RELATE TO IRREGULAR- SHAPED LOTS . Chairman Aron read into the record a letter from Harry Missirian , Acting Commissioner of Planning for Tompkins County , dated December 6 , 1989 , which is attached hereto as Exhibit # 11 . Chairman Aron read a letter into the record from James G . Hovanec , dated November 30 , 1989 ( attached hereto as Exhibit # 12 ) , and a letter to the Board from Mr . Robert Laughlin , the Appellant , dated November 30 , 1989 ( attached hereto as Exhibit # 13 ) . Mr . Robert Laughlin addressed the Board and stated that there are five members in his family and quarters are getting a little tight . He said that his house is 1850 square feet and has three bedrooms . The primary reason for the proposed glass solar room addition would be to give the family an eat - in kitchen . Chairman Aron opened the public hearing . Mr . Asa George , 147 Lexington Drive , addressed the Board and read a statement to the Board , which is attached hereto as Exhibit # 14 , in opposition to Mr . Laughlin ' s request . • ® Town of Ithaca 12 Zoning Board of Appeals December 13 , 1989 Mr . Laughlin stated that he spoke with his neighbor , Mr . Menninger , who is directly on the left hand side of his property , and he has no opposition to the proposed addition . Mr . Laughlin stated that the proposed addition is not an eye sore - it will enhance the value of the property and it will not be a detriment to his neighbors . There was discussion about the shrubbery that is being used for screening on the property . Mr . Laughlin stated that he has planted hybrid poplars and he is planning to put in some pine trees to create a block . In answer to Mr . Austen ' s question , Mr . Laughlin explained that the deck that is on the house at the present time is 12 ' x 121 . Mr . Hovanec stated that basically what they are proposing is to replace a deck and enlarging it . Chairman Aron referred to the Floor and Framing Plan , by Architect Charles F . Hoover , dated November 15 , 1989 , attached hereto as Exhibit # 15 . He stated the drawing shows no dimensions . Chairman Aron closed the public hearing . Mr . Laughlin explained the dimensions of the proposed kitchen . He stated that he will end up with a 200 square foot kitchen with the proposed addition . The total addition will be 271x 121 , which will extend him 2 feet more into the rear yard . After further discussion , Mrs . Hoffmann made the following motion : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an extension of a non - conforming building/ lot at 117 Concord Place , allowing the proposed additional living space and outside deck to be constructed as the Board has discussed ( 271x12 ' inclusive of stairway and with a 121x7 ' enclosed sun room ) , with the following findings : 19 there will be no major detrimental effect on the neighborhood because the extension is only 2 feet wider than is currently existing . 2 . Mr . Laughlin is proposing to plant screening trees , including evergreens . 3e there is ample space on the lot to compensate for this addition in comparison with other lots around . 4a this lot exceeds the R- 15 minimum 15 , 000 square feet by better than 2 , 000 square feet . Town of Ithaca 13 Zoning Board of Appeals December 13 , 1989 5 * the proposed design is not inconsistent with the other structures and houses in the area . 69 aesthetically , the proposed addition will enhance the property from the descriptions that were presented to the Board . 7 * all the parts of Section of 77 . 7 apply - the proposed use will not be detrimental to the general health , safety , morals and welfare of the community ; the premises generally are reasonably adapted to the proposed use ; the location of the site of the structure is consistent with the character of the neighborhood , the proposed access and egress of the addition will be safely designed , and upon the following condition : 1 . No Building permit will be issued for the structure until revised plans showing the exact dimensions of the proposed structure is submitted to the Zoning Enforcement Officer . • Mr . King seconded the motion . A vote on the motion resulted as follows : Ayes - Aron , Hoffmann , Reuning , Austen , King . Nays - None . The motion was carried unanimously . The meeting adjourned at 10 : 02 p . m . Connie J . Holcomb Recording Secretary APPROVED : Henry Aron , Chairman • TOMPKINS COUNTY DEPARTMENT OF PLANNING Harry Missirian Acting Commissioner of Planning ############ December 6 , 1989 To : Andrew Frost , Town of Ithaca Zoning Officer From : Harry Missiri. an , Acting Commissioner of Planning 4 so��� Re : Zoning Review Pursuant to Section 239- 1 and -m of the New York State General Municipal Law . Proposed discretionary action : Area variance " appeal of Constance Finlay at 105 Eastern Heights Drive Tax Map No . 57- 1 -8 . 27 This memorandum acknowledges your referral of the proposal identified above for review and comment by the County Planning Department . . ZONING REVIEW , pursuant to NY General Municipal law , Section 239- 1 and -m . This proposed action does not meet the conditions outlined in Section 239 -m and , therefore , requires no review by the Tompkins County Planning Department . It is not within 500 feet of any state or county facility or any municipal boundary . copy : file ex • Biggs Center , Building A . 301 Dates Drive , Ithaca , New York 14850 ( 607 ) 274-5360 19 � �1 cok v ck� ck Zz ��`�" a > 3 - yS3o ilt� R 6UU PAGE 454 — N E A `T" R N ,. � .M1Y+Y�•j . � m E ! G 7v ,"} a N td 5 POLE 1 O O ^ : N 81 ' 3�' 53.7 R - Iz ,43 ' K / `"`Y'";4•a L L/ .1"F1rsf otootv toot toot oot� toot toot too-to 000� O@ G 0 too, 1 d V AW V �O 7E t Q7 r11 ,5 i'• , dz Are Q � C.J. W yN r:.•� w00 too .c : 1 top -Ps 1 . usG i 4 . 0 1,10 . 1 O 5 �k4ro .0 . 0 1 RPOQ� 0 or— oo 06 � llllot` cu / N A > N O X I7 s M c a 6i 4. y 1 K 1 \ U A 060 L. .••. N TT toot ^I .- m V O 61 � •1 L _ — � ' I Q JNN )0-, al 4j M 0 g'r �a ' 1 �' � • Add °' = " e[ r 1 _ _ .+ G L L. v .. 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( TOMPKINS COUNTY DEPARTMENT OF PLANNING Harry Missirian Acting Commissioner of Planning December 6 , 1989 To : Andrew Frost , Town of Ithaca Zoning Officer From : Harry Missirian , Acting Commissioner of Planning Re : Zoning Review Pursuant to Section 239- 1 an -m of the New York State General Municipal law . Proposed discretionary action : Area variance appeal of William Trochim at 402 Winthrop Drive - Tax Map No . 72 - 1 - 3 . 2 This memorandum acknowledges your referral of the proposal identified above for review and comment by the County Planning Department , ZONING REVIEW , pursuant to NY General Municipal Law , Section 239- 1 and -m . • This proposed action does not meet the conditions outlined in Section 239-m and , therefore , requires no review by the Tompkins County Planning Department . It is not within 500 feet of any state or county facility or any municipal boundary . Additional comments not part of the 239- 1 & -m review . There is no clear benefit to anyone from this action . A Certificate of Occupancy has been issued with a notation of a small nonconformance . The CO thus functions as a Certificate of Nonconformance . No violation is being alleged , no one is contesting the CO , no permit is being sought , and no permit or certificate application has been denied by the Zoning Officer . If a variance is granted the Zoning Officer , presumably , will be instructed to issue a CO with a notation of the nonconformance , which has already been done . i In general , it is unnecessary for a Board of Appeals to confirm an action of the Zoning Officer if that action has not been contested . copy : file eve Biggs Center , Building A , 301 Dates Drive , Ithaca , New York 14850 ( 607 ) 274-5360 404 Winthrop Drive Ithaca , NY 14850 September 26 , 1989 To whom it may concern: We understand that Mr. and Mrs . William M . Trochim are applying for a variance from the Town of Ithaca Zoning Board of Appeals regarding their house as presently situated on the property . We have no objection to this situation or to the Town giving them a variance . Sincerely , �fs*00 .` • Stephen D . Mosher a Linda Joy Moshe W. ICE141 i hA4 KAVA h KlN11t VY • L . SSI / r SlCj If L1ACA (. Iil vLA9oL VI•ff41Cf I fLESURVEY FOR ! _ '\\`' __ / 04 . 43 ' 'THOMAS R . E ALICE P. VYGKMAN ( OS' ) -TOWN OF 1411ALA LCUN-TY OF 4OMPICIN 'iY ,74A•fE OF NEW YORK of AX PAQLEL 'I2 - 1 - 3 .2 u.Y.b . L . v volt uNL u.•A"EMI L . 419Is. IL DEED iCEf . L . 4SB / P. 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Jjn '� w ## ######## TOMPKINS COUNTY DEPARTMENT OF PLANNING Harry Missirian Acting Commissioner of Planning December 6 , 1989 To : Andrew Frost , Town of Ithaca Zoning Officer From : Harry Missirian , Acting Commissioner of Planning ®+ Re : Zoning Review Pursuant to Section 239 - and -m of the New York State General Municipal Law . Proposed discretionary action: Special Approval application of Bruce Shindhelm at 911 East Shore Drive ( state highway ) Tax Map No . 18- 1 -8 This memorandum acknowledges your referral of the proposal identified above for review and comment by the County Planning Department . ZONING REVIEW , pursuant to NY General Municipal Law , Section 239- 1 and -m . The proposal , as submitted , will have no significant deleterious impact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . However , we caution you to consult your municipal attorney before proceeding with this action . Although the statement we received of this proposed action does not say what zoning district the lot is in , we presume it is in the R- 15 district . Our copy of your zoning ordinance does not indicate that the Board of Appeals has been given authority to carry out this action . ?F# ##:"•-##;F###?HF###o`F##### ##:FiFo•;3F#iF:F#i:?F ##::;FiF3F##3FiciF####3F#:F#�•F�•F##?F #-iF###4HF##�•F',F?F##iF###dF�. Additional comments not part of the 239-1 & -m review . It would be appropriate to consider the permit for construction of the replacement garage separate from any permit to use the garage for commercial purposes . Replacing a dilapidated garage with a larger building is a small matter . Granting approval for use of facility for commercial purposes in a residential district is considerably more significant . #####iF#######iF#### JE#######3F####i•°####8F#####�F3F�`F########################iF######## copy : file 7• Biggs Center , Building A , 301 Dates Drive , Ithaca , New York 14850 ( 607 ) 274-5360 Claire Whiting 915 Fast Shore Dr Ithaca , NY 14850 December 12 , 1989 Bruce E Shindhelm Finger Lakes Wrecker Service 911 East Shore Drive Ithaca , NY 14850 Dear Bruce I wish to lend my support for your plans to replace the old dilapidated garage on your property with a new , larger one , to house two trucks . I have no objection to the garage being five feet from our property line , and feel the white and gray colors would blend in with the other structures in the neighborhood . In short , I feel the new garage would -definitely be an improvement in that area . Sincerely , Claire Whiting CW/ejg ,Ee # i ,a r 8 TOMPKINS COUNTY • CHAMBER OF COMMERCE 904 EAST SHORE DRIVE • ITHACA, NEW YORK 14850 607/273 -7080 December 8 , 1989 Mr . Bruce Shindhelm Finger Lakes Wrecker Service 911 East Shore Drive Ithaca , NY 14850 Dear Bruce : I wish to inform you of our support for your plans to replace a garage on your site . The upgrading of facilities in the neighborhood is in the best interest of all neighbors . We greatly appreciate your commitment to this project and look forward to its completion . Please feel free to use this letter as a statement of support , as you proceed to secure the necessary approvals . If I can be of further assistance , please give me a call . Sincerely , Herbert D . Brewer Executive Director HDB / mjd rmlim = w SWT,4r W" . n4 ua pp P MIC mm wp iar�t° t : , :: ► F Ilk WMTR � ' Z .. ti P F A n F1x:a �. •� v A Fl C B2' 1 is H%: R O .4 31 • S D # a _ v A .• .1t n - L•.e Yi( ►:'; A D IMS AVO is -r .. { id 10 (, ; , ' �;� 5 dl** t o 2 y OV f 0 1 oA ft �' u A Issi •44 !yam / w O = o • jyf s.awGR nr » #i^,jf' ' w IMY4�:by' C 446 _ _ y p A I p a C d t� W m : z 9 r ' f �..-.3 .. •.1.b• d 47 . .. " ~ I+ o o fir- -I•. } L , • r i .;.. a. s Cop . t _ p • l� �X - OP Its CA Soo a is it 0 10 k Vol , . kmsdd. •� . '�+' ..._X61a.�D W a 1! • .O r . r A uow M.nwr VILLlw"Me . (40) S v� C� L at•/u . tt N R m G La -4 r r 00 p epi _a 9 -O m ' o = po 1' so rz. o ° Atas � 1 » g = ' = • r aa p M N t L � � C � A II, Zr #4F0N3 a � t r o itrP r j .1RA4 a < s r g p N p � A r 6 O�tlN713&4j 'iD V9A1V9 ' W r { TOMPKINS COUNTY DEPARTMENT OF PLANNING #### ####### Harry Missirian Acting Commissioner of Planning ####### ##### December 6 , 1989 To : Andrew Frost , Town of Ithaca Zoning Officer From : Harry Missirian , Acting Commissioner of Planning Re : Zoning Review Pursuant to Section 239- 1 and -m of the New York State General Municipal Law . Proposed discretionary action : Area variance appeal of Robert Laughlin at 117 Concord Place Tax Map No . 72 - 1 - 38 This memorandum acknowledges your referral of the proposal identified above for review and comment by the County Planning Department . ZONING REVIEW , pursuant to NY General Municipal Law , Section 239- 1 and -m . ® This proposed action does not meet the conditions outlined in Section 239 -m and , therefore , requires no review by the Tompkins County Planning Department . It is not within 500 feet of any state or county facility or any municipal boundary . copy : file f Biggs Center , Building A . 301 Dates Drive , Ithaca , New York 14850 ( 607 ) 274-5360 BUILDERS & DEVELVERS CORPORATION 1129 DANBY ROAD . ITHACA, ;%V 14850 ( 607 ) 273 - 3047 November 30 , 1989 126 East Seneca Street Ithaca , NY 14850 To the Building Inspector/ Zoning Enforcement Officer and Members of the Zoning Board of Appeals of the Town of Ithaca , New York . Dear Members , I was surprised to hear from Andy Frost this week that our application for a building permit was turned down for the Laughlin residence at 117 Concord Place . Mistakenly I assumed that in a relatively new subdivision that all structures would be in compliance , as well as lot sizes and set backs . Mr . Frost tells me that this isn ' t the case . The Laughlins and Hovanec Builders now find ourselves in the difficult position of having an architecturally designed sunroom addition stored on the premises and no building permit to start the work . The frustration of this is like making payments on a new car and walking to work -everyday in the cold because the dealer could not find the keys to the vehicle . 1989 has not been the best year for the construction industry . I had hoped to end it with a good December . Without the Laughlin job I can safely write 1189 " off as the worst year in my twelve years in the building business . What really hurts though , is that without this project we must cut our crew right before the holidays . We respectfully ask the board to grant a variance for construction of a new sunroom addition and deck to replace the existing deteriorated deck . In doing so you will insure that the quality of life for the Laughlins and theirneighborhood is maintained and that the employees of Hovanec Builders have income through the holiday season . sincere e �! (7ames G . Hovanec esident g4o 700of �-�� � A4 40 �"T' � �/l1.05/W�l�g . Fly✓ ,. o-./•Gl-q /��G itv/+o/'vic0✓2 � oe • E� N00er .*# l3 oP� o� 147 Lexington Drive Ithaca , New York 14350 December 13 , 1989 Town Of Ithaca Zoning Board of Appeals Town Hall , 126 East Seneca Street Ithaca , New York 14850 Gentlemen : My name is Asa George and I live with my wife , Rose Anna George , at 147 Lexington Drive . The rear yard of our house and property face the rear yard of the Appellants _ the Laughlins , and we will have a direct view of the proposed extension to the Laughlin home , as will our neighbors . In our case , we share the same backyard property line for our 110 feet of the Laughlin ' s 182 . 9 foot backyard . We understand that the proposed extension of the Laughlin home will involve the construction of a new wooden deck measuring 12 ' by 28 ' plus a 4 ' extension for a stairway . This deck is estimated to be built about 6 ' to 8 ' above existing ground and will support an enclosed structure on top of the new deck . We also understand that under current zoning regulations , the Laughlin home " as is " , is non - conforming in that the rear yard setback is less than 501 . This current rear -yard setback requirement of at least 50 ' was adopted less than a year ago . We are sure that when this current zoning regulation was adopted , there were firm and justifiable reasons for doing so . Now you are being asked to approve a variance to a current zoning regulation , when in fact the house is already in violation of the zoning regulation . Such a request is not justified and should be denied . We believe that when the current zoning regulation was adopted , the following factors were foremost and were seriously considered in Justifying the required minimum of 50 feet for rear yard setback . To maintain the privacy of individual and adjacent property owners / - To maintain the integrity and uniformity of the area ' s i r development such that each home conforms to common standards , thereby eliminating haphazard construction and eyesores . To maintain and protect the value of investments made in home construction and preventing encroachments which would adversely affect the resale value of homes in the area . We- emphasize that these factors represent our major concerns . We live in the newest area of development along a new section of Lexington Drive . Each of the more than 10 homes on our street were built within the last 2 - 3 years , and now have a market value of about $ 200 , 000 . Our home was built in accordance with zoning regulations and located on our lot such that our privacy and the privacy of our neighbors was maximized . We do not now want our investments . jeapordized or compromised by new construction elsewhere , particularly when this construction violates a current zoning regulation which has been in effect less than 1 year . We therefore oppose any such new construction which is in violation of current zoning regulations and ask the Zoning Board of Appeals to disapprove this request for a variance . To do otherwise would establish a bad precedent and would be grossly unfair to adjacent property owners and the area as a whole . Sincerely , JJ t/LQ / Gtivl.OV e"40o a4ltoon� &4mxor Asa and Rose Anna George �x hl i A01 T ` /� r + r � u� ' IZI - - - _ II II _ _ y - - - - - � II II - - - - - - - - - - r - II II I I I I I � X - - - - - — L- -� - l— �- - ° II II — _ _ _ II III - - � }}- I}- - - II II II II f—IT-1 — • CHARLES F. HOOVER ARCHITECT 411 SECOND STREET ITHACA NEW YORK 14850 277 -1538 Ir //A�\ �� I❑� I� ITIr � Ir � � �(;(// /[n�\ 11rn�� 11rn'� II � d15 Eci / O L !1 ll V G H lL ll ll V D LM C K // ll D D � if � © ll V T�yc .` A`�(f s a ON T oo < 117 CONCORD >lau. AC >E na >HIAC A NEW YORK Z m o Z Jb m!y S. jo a --� FLOOR PLAN AND FRAMING PLAN o Oo qk 171 AFFIDAVIT OF PUBLICATION TOWN OF ITHACA ZONING back, whereas 15 feet was r'e- a BOARD OF APPEALS I quired under zoning regul - NOTICE OF PUBLIC HEARINGS tions in effect of the :time of WEDNESDAY, DECEMBER 13, the construction of the home, 1989 ; ; • however, current zoningregu 7 :00 P. M. ) lotions, as the same relate to' By direction of the Chairman non-conforming lots,_ require , JOURNAL of the Zoning Board of BY that said lot have a 25-foot Tm ITHACA peals NOTICE IS HEREBY east side yard setback. GIVEN that Public Hearings APPEAL of Bruce E. Shindhelm, f will be held ' by the Zoning Appellant, David B. Gersh, Board of Appeals of the Town Esq. , Agent, requesting autho- of Ithaca on Wednesday, De - rization by the Zoning Board cember 13, 1989, in Town of Appeals, under Article XII, State of New York , Tompkins County , ss . : Holl , 126 East Seneca Street, Section 54, of the Town of (FIRST Floor, REAR Entrance, Ithaca Zoning Ordinance, for Gail Sullins WEST Side ), Ithaca , N • Y. , the extension of a . non-con- being duly sworn , deposes and COMMENCING AT 7 :00 P. M. ,'! forming building/lot located on the following matters. I' at 911 East Shore Drive, Town says , that she/he resides in Ithaca , count and state aforesaid and that APPEAL of Constance uthori , I; 1 - Ithaca rax Parcel District 6- 18- y Appellant, requesting author/ -. 1 -8, . Residence District R- 15. Clerk zation by the Zoning Board c Said extension proposes the she/he is Appeals, under Article XII , replacement of on . existing Section 54, of the Town of 22, 5-foot by 17. 57foot garage, of The Ithaca Journal a public newspaper printed and published in Ithaca Zoning Ordinance, for located 2. 2 plus/minus feet the extension of a non -con - from the west side yard lot Ithaca aforesaid , and that a notice , of which the annexed is a true forming building/lot located' line, with o new 24-foot by 30- at 105 Eastern Heights Drive, foot garage , to be located Town of Ithaca Tax Parcel No. partially within the footprint copy , was published in said paper 6-57- 1 -8. 27, Residence District of the existing garage and 5 R- 15. Said extension proposes plus/minus feet from the west the construction of additional side yard lot line . Said lot is an living space and an outside irregular-shaped lot, there- wood deck to be located at fore, . under current' zoning the rear (south end ) of on regulations a 20-foot side yard existing two-family home on setback isrequired. an irregular-shaped building. APPEAL of Robert M. and Jan- lot, with on ,8-foot plus/minus ice W. Laughlin , Appellants, setback from the proposed Jim Hovanec, Agent, request- deck to the east side lot line . A ing authorization by the Zon- variance was granted by the, ing Board of Appeals, under and that the first publication of said notice was on the Zoning Board of Appeals on Article XII , Section 54, of the July 22, 1981 allowing for o Town of Ithaca Zoning Ordi- ��� four-foot plus/minus east side nonce, for the extension of .o i day of ��� C r- � be 19 —�-- t— and setback from the existing non-conforming building/lot home. The building/lot is non-1 located at 117 Concord Place, n conforming with current zon Town of Ithaca Tax Parcel No. • in regulations, as the same 6-72- 1 -38, Residence District relate to irregular-shaped R- 15. Said extension proposed . building lots, in that said lot the construction of additional I has an existing 'west side yard living space and an outside ` setback of 13. 6 plus/minus deck to be located at the rear Subs d and sworn to before me , this day feet from a carport, whereas ( north end ) of on existing sin- 20 feet is 'required, and on gle-fomily home , with on Q existing rear yard setback of existing rear yard setback of , of , 2� 19 U ' 32. 5 plus/minus feet, whereas 45 feet, and with the proposed J '—� 50 - feet is required, and with ', addition creating a new rear the proposed addition cre- yard setback of 38 feet, citing a new rear yard setback whereas a 50-foot rear yard of 20 plus/minus feet (50 feet setback is required under cur- 1 being required ). rent zoning regulations, as the ' APPEAL of William M. and some relate to irregular- Notary Public . Mary Kim Trochim , Appel - shaped lots. lants, requesting o variance Said Zoning Board of Appeals j from the requirements of Arti- , will of said time, 7:00 p. m. ,' , JEAN FORD cle IV, Section 14, of the Town and said place, hear all per- j of Ithaca Zoning Ordinance, sons in support of such matters i Notary Public, State of New Yort for on existing single-family , or objections thereto. Persons home located at 402 Winthrop ' may appear by agent or in No. 4654410 Drive, Town of Ithaca Tax Par- person . cel No. 6-72- 1 -3. 2, Residence Andrew S. Frost Qualified in Tompkins County District R- 15. Said home has a Building Inspector/ 14. 8-foot east side yard set- Zoning Enforcement Officer Commission expires May 31r 19 . . I Town of Ithaca 273- 1747 1 December 8, 1989 •