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HomeMy WebLinkAbout1975-10-15 r n i ^ ADAMS, THEISEN & . WARD ATTORNEYS AND COUNSELORS AT LAW 213218 SAVINGS BANK BLDG. 1 . ITHACA, NEW YORK 14850 ARMAND L. ADAMS TELEPHONE ( 607) 272- 3442 HENRY W. THEISEN October 15 1975 JOHN A. WARD , Moses Peter , Chairman Board of Zoning Appeals 1465 Danby Road Ithaca , New York 14850 ;/ Ernest Cole , Chairman Danby Planning Board 83 Nelson Road Ithaca , New York 14850 Re : Zoning Variance and / or Special Permit Property 7 - 1 - 22 . 1 Locker - Wilcox , T - 2876 Dear Mose and Ernie : We represent James C . and Joane M . Wilcox , contract purchasers of Erwin and Helen Locker of premises in the Hamlet of Danby , designated as Tax Parcel 7 - 1 - 22 . 1 . The purchase is contingent on their ability to obtain a building permit to use the property for a Lawn & Garden Center and Nursery which would be a combina - tion of commercial and agricultural use . The premises are, presently zoned as an R - 2 district which presently prohibit retail establishments of this nature . . Application for the permitted use has been made to Gordon Roberts , the Town Zoning Officer , but he can do nothing else but deny the request . Thereafter the case will go before the Board of Zoning Appeals for their consideration , after hearing . Time is important , and I am accordingly enclosing with this letter to each of you copies of the papers submitted to Mr . Roberts . Mr . and Mrs . Wilcox are a young enthusiastic couple . While they presently live in Connecticut , he at least is a native Ithacan , related to the "grocer " and "printing" Wilcox families . The operation they propose is well thought out and I think properly documented by the enclosures . The Retail display area is a small one , adequate parking is provided and the rest of the lot will be planted to nursery stock . I think that the Board will agree that the whole planned operation is attractive and will really. add to the development of the center of the Hamlet of Danby . All the other properties in the immediate area , to whom hearing notices will be sent , are residential . I hope that there will be no strong opposition to the proposed use . It would seem desirable that future plans for the Town, should include some planned retail development in the center of the. urban area . I do not know Moses Peter , Chairman . E rnest Cole , Chairman P age Two O ctober 15 , 1975 whether the Planning Board is considering any thing of this nature , but am advising Mr . Cole of our desired use , so that no one will be working at cross purposes . It might be helpful if I had a conference with Mr .. Peter before the hearing date is set up so I could learn what if any obstacles we are likely to come up against on the request for a variance , - for instance , the past history of any attempts to create a retail district in the Hamlet . Has the matter been discussed ? Have there been any other attempts for zoning variances of this nature ? How strongly will we h ave to support a claim of "hardship " to support either a Variance or a Special Permit U se ? I am confident that we can establish that the planned use will serve the convenience and prosperity of the community and will not adversely affect the neighbor - ing persons and property . Needless to say there will be full compliance with the sanitary and health provisions . Your cooperation in this matter is appreciated . Very truly yours , ADAM , THEISEN & WARD i ALA : hc Armand L . Adams Enc . . cc : Gordon Roberts , Zoning Officer 185Jersey Hill Road Ithaca, New York 14850 •