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HomeMy WebLinkAboutTB Correspondence 1959 • FREDERICK B. BRYANT ATTORNEY AT LAW .SAVINGS BANK BUILDING • . ITHACA, N. Y. • TELEPHONE 3339 September, 10, 1959 • Mr. Harry Gordon 1117 Trumansburg Road • Ithaca, New York Dear Harry: - I have already written you my general comments on the proposed amendments to the Zoning Ordinance concerning Designed Business Use. In view of the fact that I represent Mr. George Ideman who has been attempt- ing for some time to have his property re-zoned for commercial purposes I would like to supplement that .letter by a comment with reference to that particular' area. - • 4 Mr. Ideman' s property is presently zoned in A-1 residential. It is my understanding that this zoning classification was originally put ih the ordinance on the theory that it would be easier to downgrade the area rather than upgrade it. Mfr. *Ideman is surrounded in general by a cemetery, the breeding barns of the • Artificial Breeders Cooperative and a large vacant tract of land. Residential properties are located at: a considerable distance from this area. . It is our position that present zoning of this property .as A-1 residential is confiscatory. It freezes Mr. Ideman' s property into a classification from which he can expect to get no use. The only feasible use of the Ideman property is for commercial- purposes and since -the • zoning' law does not permit him to make such use of It; .they are in effect taking away his property 'without due processof law. It is no- answer to say that he can continue the nonconforming use that exists there. In the event that business becomes unprofitable it does not help him any if he ' cannot change to another form of commercial use. We have no objection to the theory behind the Designed Business Use amendment. We do, however, point out that it is so stringent in its terms as to in effect prevent the effective development of the Ideman property and from that point of view we object to it. Without in any way being . >' personal I have the distinct feeling that the entire amend- ment was written with Mr. Ideman' s prime problem pushed off to one side and considered only from the point of view of the criticism which have been leveled at some of his oper- ations. Mr. Harry Gordon -2- September 10, 1959 • • I am writing this letter on his behalf to point out that Mr. Ideman is very sincere in his attempts to have his property rezoned in such a manner that it can be prop- erly developed as commercial property. In doing this he does not intend or desire to create any s situation such as exists in other parts of the Ithaca community. He does, however, object, to the imposition of unreasonable burdens on this development and it is our opinion that the proposed amendment will create such burdens. • Very truly yours, FREDERICK B. BRYANT FBB:gb