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HomeMy WebLinkAboutMN-BZA-1973-09-10 i i ! BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL$ ITHACAv j� NEW YORK, SEPTEMBER 10, 1973 rr rdrrrrrr rrrrrrrrrr�rrr rr ------------------------ At rr—rr—rw.rr—rsr---rrte----I I At a regular meeting of the Board of Zoning Appeals, i ; City of Ithaca, held in Common Council Chambers, City Hall, Ithaca, New York,. on September 10, 19731 I� �� PRESENT: GEORGE HARPER, Chairman j� MARRY BORTZ C. MURRAY VAN MARTER , GREGORY KASPRZAK PETER MARTIN ELVA HOLM" EDISON JONES, Building Commissioned & Secretary DARLEEN LISK, Recording Secretary Chairman Harper opens meeting, listing members of Board present. This Board is operating under the provisions of thel City Charter of the City of Ithaca and of the provsl.ons of $ the Zoning Ordinances$ the Board shall not be bound by strict I rules of evidence in the conduct of this hearing, but the determination shall be founded upon sufficient legal evidence,$ to sustain the same. The Board requests that all participants I� identify themselves as to name and address$ and confine their I discussions to the pertinent facts of the case under consid- ;lerati,on. Please avoid extraneous material which would have a delaying effect. Mr. Building Commissioner would you pro- ceed please. i Commissioner Jones lists what Appeal No. 1020 is to be. ;) APPEAL NO. 10201 The Appeal of Willard C. Schmidt M.D. for j an exception under Sign Regulations at 308 North Cayuga Street in an R-3 zone. I� I� iIl I I! --2- DR. SCHMIDT& My name is Willard Schmidt, I am a j physician beginning to practice in Ithaca at 308 North Cayuga Street in the house that is designated as one • of the Historical Landmarks of Ithaca. I have rented space in thisl house for professional offices in t area known as the south two-story 11 wing which is set back from the Ij i street. The landlords, Brian Nevin I and C. S. Southwick requested that sign not be affixed to the house be-i cause of the historical appeal that '' i; the house has and the fact that it would be "disfiguring from that st !� point." In addition, a sign affixed to the house would be ambiguous as it far as locating the premises and might direct people to one of the apartments in the house in which Mrs Taylor resides as a private tenant. Therefore, I would request permissio to erect a small sign on a pole acco d- ing to the sketch submitted much like other signs in the vicinity and indeed Dr. Fisher has offered me the sign next door which is no longe being used so that I would not be adding a sign but only moving one. I have presented pictures which indicate the distance of the entranc i of my suite to the street and I think that it would be evident to you that a sign at the beginning of the sidewalk would locate this suitel more accurately and would not dis«• ! figure the 1,remises. ;SMR. KA,SPRZAKj How big is the sign? 'IDR. SCHMIDTt It would be ap-proximately six by I� twenty inches. II !MR. KASPRZAKt Mould you relate the distance from the sidewalk to the sign? DR. SCHMIDTs It would be approximately six to seven feet from the sidewalk. 1 II l i !I -3- l �� Il ,! THE CHAIR& I have one memorandum here from thej Ithaca Landmarks Preservation Com- i mission. I TCs Edison Jones �{ FROMs Secretary, ILPC SUBJECT: Sign at 308 N. Cayuga St. jl DATE& 13 August 1973 +x This certifies that the Ithaca Landmarks Preservation Commissions 11 at its regular meeting b August 197:4 unanimously approved the proposed !1 sign for doctor's offices at 308 i f N. Cayuga St. as appropriate for the DeWitt :Park. Historic District« �I j� Are there any other questions by thei Board? None. i 'i Is there anyone who wishes to speak in favor of this appeal? �i Nore. I i Is there anyone who wishes to oppose this appear' ! None. i I� I� �i � t k� jj �4 I� i! i fit ij 1) Ii it ij j I I ,,! EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA# SEPTEMBER 10, 1973 PEAL NO. 1020x • CHAIRS-_41"! HARPER: I move we grant the exception with the condition that it comes into jj conformance with the Sign Ordinance ! by 1979• IIRSR. YARTINt I second that. it i 1 FINDINGS OF FACT: Il 1) The status of the building as a Historic Landmark, brought to our attention by the Ithaca Land marks Preservation Commission, Indicates that a sign affixed tol the building would be undesirabi ; I, 2) A free-standing sign complying with the set-back described in the Sign Ordinance would be im. practical given the shrubbery 'I �! and layout of the property. (i ,I �I VOTE: YES 5 NO ,. 0 ABSTENTION - 1 ,I I. II I i I! ii I I h 1 -4- i j 1 B41a1 aP ZONING APPE.AIS, CITY OF ITHACA, CITY EALL9 ITIL&CA, !� NEtti YORK, SEPTEMBER 14, 1973 i f Commissioner Jones lists what Appeal No. 1025 is to be. � I� • I A�'P� NO. L025: The Appeal of Marguerite K. Benson for a variance under Section 7, Column 2 at 3-15 Cobb street in an R-1 zone. it MRS. BENSONt My nam is Marguerite Benson and I fj live at 115 Cobb Street in the CityI� of Ithaca. In June of this year I bought the house on the corner of i Cobb Street and Worth Street that used to belong to Mrs. Unice Chandle . At the time that I bought the houses ] I was under the impression that it was zoned R-2. I didn't check into it the situation far enough at the timet I saw a zoning map which had not been corrected and this was not my !I primary concern at the time and I saw the "zoning, thought I could renti two rooms to students and use this as part- of the basis of my decision to buy the house. I am separated, I have two small children, I work for the County, I am a draftsman in the Tompkins County Assessment De. partment and I could not have afford ed to buy the house unless I could derv® same, income from the property. After I- bought the house I found that. it was zoned R-11 as a matter of fact, this was "drought to my attention by a phone call from fir. Janes and he informed me that if I were to rent rooms this would be illegal accordi to the present Zoning Ordinance. This put me in a bit of a quare because, as I pointed out to yol I cannot afford to keep the house unless I can obtain some income from It. The house is not eas -�Y renovat able to an apartment sit .tion; first ail this is a financier... burden which I don't feel I car.. �ndei take, the other problem _?.`i thaw` -:he I It I l i 3 it i character of the house itself it is a very pleasant three bedrooms and bath upstairs and a full bath down- stairs and I ,just didn't feel that trying to turn one of those bedrooms Into a kitchen would be in keeping with the character of the house or of the property. So I am here to appeal that you people will grant me a variance so that I can continue tol live there and rent two rooms which would enable me to have the income that I need to keep the place. The Cornell housing situation is despera} j students have lived in that area up I� there practically ever since Cornell' i` was established. I ryself am from Ithaca., I greet up in Forest Rome, r the situation there is somewhat simi lar; it is ,in the town of Ithaca but it was renting one or two roams to II student as an additional source of it income: has been a way of life in tha area for a Lang time for a great Ii people. I will be living �n the i house myself; I live downstairs and I am not about to put up with any noise or fracus let alone the neigh- borsj, believe me, they would get to me first. Mrs. Chandler rented roomi to students from time to time when it was necessary) I believe the lasti, student left sometime in February o l I! this year. Firs. Chandler also had ' home occupation there, she had a nursery school there, which I do no wish to continue. Basically what I am asking is simply ,a variance to I! enable me to rent these rooms. I have a letter here from one of the people who wishes to speak but she was un- i able to be here. Appellant's exhibit #1. 113 Cobb Street Ithaca, N.Y. Sept. 5. 1973 Marguerite K. Benson -- -- -- -------- 115 Cobb Street I, I i �i H Bear Mrs. Benson: This is to confirm my phone conver-. �I sation with you of this evening. I j ! can see no objection to your rent- ing two rooms for profit in your home at 115 Cobb Street. You have sufficient off street parking if cars are involved and as long as there is no excessive noise or dis- turbance, I can see no other objet. tion. I- II Sincerely yours, li i Gladys A. Sperling �! MR. PURTINs First a. question of our Building Commissioners she would not have a �) I� nonconforming use in your judgement I! because the prior renting to student jceased in February? C1PI, CIISSI4PIER JoJiESt That is correct. This is the only time we have to make any correction ii is when there is change of ownership I �I MR. 14ARTINs Right but a change of ownership does �I not terminate the nonconforming use? � COWIISSIONER JONESa We had no_knowledge of Mrs. Chandler ever renting room there either as all Building; Department. JAR. YARTINt When did the zoning dhange? CO1►MSI OTIEh J©PIES c About two and a half years ago. SMR. MARTINo To have status as nonconforming use,..�) the renting of rooms would have to ji predate that change? Ct3Ii:CSI(?NER Jt}NES t That is correct. MR. MARTINI Assuming it did, the mere change of ownership would not terminate Mrs. Bensons right to have the noncon. i forming use? I I� � I I � i C€31' �ISSIQ iEF Jf?r1r,St That is a question you are goii-; to have to get an interpretation from your legal attorney on. The problem,{ that has developed here is that this thing has changed from an R-»2 to an � R.-1 zone and we now have a new owner . ship in the situation. We had a nursing horse there that was there prior to zoning as I understand it. The problem was long before my timel, and when this thing developed and the new ownership was made known to us vie warned Mrs. Benson that is an R-11 zone there and no roomers are per- mitted in an R-1 none as our zoning i! now stands. if MR. N RTINs Disregarding that nonconforming use questions Airs. Benson, reading throu h the grounds in the ordinance under which we grant variances they all seem to speak of special circumstances of the property Involvedt the story I' that you have given us has lots of problems of your own, but is there anything special about this property! that would make it possible for us II,I to say it cannot reasonably be used ' for the uses specified in an I-1 zo `r Ii IMRS. BENS ON t lAost of the hones in that area are targe homes and itust happens that{ r r family is exceedingly small and it's a large house# a great big hou for me and two small children and in the circumstances in which I am living; there, yes it would be a rath r unique condition rather than someon living there who had five or six children. MR. DIARTINs Is it your understanding that the prior owner rented out rooms in the house back n time the zo , designation c t gef� d two and a half years ago# your impres- sion is that it went back beyond that? �( .i it ! PARS. BE-14SO1: -- Yes. F-ilrs. Chandler lived in the II house for twenty years as far as I know, I think she had one daughter, she %tis in very much similar cir- cumstances as my own, and when she lived there she had her nursery jj school but I am also under the im-pression that in the twenty years !; that she lived there she had roomers �! off and on during that period of time and I believe the Zoning Ordi-► ! nance itself isn't twenty years old. i' ! lTIR. MARTINI The prior R-2 designation permitted 1 j this kind of a use so tbAt if it can be established: that this use predate it that change two and a half years ago 'i li then we have got a nonconforming use �! A nonconforming use is not lost simply by change of ownership. It takes a discontinuance for twelve months and we donit have that yet if !� Mrs. Benson is right that there were rooms rented last winter? 11M. BENS ON t Yes, the last student to leave was I believe she told me in February] ;:;rs. Chandler was planning on leavi , the student I think finished up the winter exams at Cornell and left and she was planning on moving and clear. i) Ing out the house. I am under the impression# but I don*t know for a ! fact that most of the time she had ! at least one student luring there, but, you know, I don't have dates, names and ghat not. 'MR. BORTZ Mrs. Benson, you say you would rent two rooms, but would this be to two or four or six people, or how many? I,MR5. BENSONt This would be to two people only, I j don't want the house full of people. !THE CHAIRt the there any other questions by they !I Board? None. j! 1 t i I i -- — ----- - --- i is there anyone who wishes to speak � in Favor of this appeal? i; !i None. e Is there anyone who wishes to o- ,O1e this appeal? HENRY DONMY: I am Henry Doney from 109 Ithaca Roca and it is incidental that I am also Chairman of the City Planning Board and this came before the Planning j Board, and the Planning Board reeom--'! mended that it be approved. On the Planning lioaxd I would normally have! not voted since the vote would have . j been four to one without vote, f ii however* I cast a e cenrz�. vote ' �i because I chose to come here this evening I felt there were a few 'i points the Planning Beard had over- it looked. The Planning Board I believ _.eras touched by Pers. Benson's story which is a story of a type of hard j ship which is important to consider I'm sure. Among the things that I felt should be considered by the j� Board„ however, was the " ct that this was once an R-1 zone and througli some inadvertent happenings which changed to R-2 and then was subse- quently changed back to R-1 the two and a half years or so ago that we talk about. On that sane zoning map i I think if one looks at the lot size I! requirements on there that even if this building did exist in an R-2 zone that in the R-2 zone it would • bb- not acceptable to have apartments in j the same building because of the i� minimum lot size if that's a consid-•I • �� eration, it is a very small lot. j The lot requirement as I read it sa,- that one must have a minimum. of 5,00 square feet in an R-2 zone and must have an additional 2 ,500 square feet] I. to be albwed to rent a room for pro- 1 fit so In effect even reading it as j an R-2 none would not rer-nit this. � I ------------------------------------- -- ! f I 'I i !I I i i i There are cases certair�� as yrs. ;I Benson states all over our area ther ' where the homes have been compromise it so to spezat. may the OU-Merz- simply 1 going ahead and doing this. Now I j don't know if i•Y's Chandler had the �i approval for a nonconforming user but there arc mny such uses there l that continue to be unknown to the uildizig Commissioner or that they have not been ,able to do anything i about. I think to officially condo II that kind of use though is the wrong director: to go them because when � it one makes such a variance, the vagi.. Ii anee does not go with the owner or i her circumstances which are unfortu•-i nate 'out rather they go with the if property as I understand it and Tars. 0ensons personal conditions could i! change seriously in the next couple li of years and she could then be no longer a hardships she could also move* and if she moved, the variance!; that you allowed could then cdntinuelj with the property unless it lapsed I' I; through the lapsing procedure that ii we have in the Ordinance. So for I i' those reasons, I-''ithink it is decid. edly the wrong direction to go to do, that in that zone because it is just the kind of place where there is a ii lot of enthusiasm for this kind of thing and it can grown and grow, and grow and I don't know what youtere going to say to the next guy if you approve this one. MR. YLARTIN: Can you eliminate the nonconforming I� use point# was this renting out of rooms in the building going on beforp the change back to R-l? I PAIR. DQNa I have no idea. I am saying that it would have required a. variance even in its day as an R-2. I am saying that unless it had come before this body that legally or officially It �I was an illegal nonconforming use then.. h �i E if i it jMR. MARTINI It could not have gotten going then I i because it did not have enough lot? j IMR. DONEY# Unless this Board of course granted it, perhaps in the past there has been a variance with this property and I have not investigated it to • jj find this out. Probably Mr. Jones' Ii records would show that.. u ' COMMISSIONER JONESt We have nothing in our records thereil that indicates that this property was ever before the Zoning Board. 1! MR. VAN 1=2ARTERs Can you suggest that any change in 'I the property has taken place that it would justify the upgrading? II ISR. IONEY t I was only in that house at one j time when it was a nursery school jl j and I haven't been in it since and !1 Ii I really don't know very much spe. cifically about the property. I IMR. VAN MARTERt You supported the rezoning from R-2 �j 'I to R-l? l JMR. DONEYt I did sir. IIMR. VAN MARTER: That was based on what? �I ;SMR. DONEYt It was based primarily on the desire of those residents in the surrounds j, area and the fact that it had been changed somewhat inadvertently. �IRICHARD HA LBERCt My name is Richard Hallberg and I Live at 114 Cobb Street. It seems i) !! to me that it is very important to • establish in fact whether a prece- dent had been set with respect to jl whether there was a nonconforming use of this house. bey family and I moved to Ithaca in 1970 where we resided at 207 worth Street which psil directly across the street, it*s on the corner of Worth and Cobb. A year later we bought the house next door to it on Cobb Street, 114. we have lived here for three years and II '' l j i u -12- 'I .i during that time I must honestly say I do not remember another resident Mrs. Chandlers home. I may be in error and I certainly % 't looks �I around to see whether anybody else was living there but it seems to me it would have been obvious living a oss • l the street in two different houses ii during those three years to in fact notice that there were people livingj there. I would like to find out or II have some way of finding out and establish that in fact Mrs. Chandler( was renting her house during those three years from 1970 to 1973 to students because I personally never �I saw anyone living there. I think that if there is an arguement based on the nonconforming use I think it 11 I; should beoin fact, verified that a precedent was set and that it was j used nonconformingly• MURIEL KELLERt I am Muriel Keller and I live at 612 Mitchell Street. 0n November 2 at the time that we circulated a petition through our neighborhood t have the area rezoned to R-1 I was the person who went to Mrs. Chandler with the petition and the map and all the information necessary for her t knows in order to either sign or nc j� sign our.;patition. At that time she Ii was not :renting to any students or anybody, she had a nursery school. She clearly understood that she would be in violation if she rented to anyone and signed the petition a that time knowing full well what the cireumstances were for R•1 zone. This was done in November of 1970. Also I believe there is a possibili it that one or two ether hb#Les in the immediate area will be on the marks shortly+ they are large homes and i you could be faced with the same problem and so could we. Somebody I11 else could want to buy a house in that area and turn it into a rooming, house for various reasons and prett j soon the whole neighborhood would bel !i I, l � I it �I iI 13- a rooming house area. We worked.ve hard and got over 85% of the reside s of the area to sign the petition for R.•1 zoning. we don't want it as a rooming house and we don't want any it of the area turned into a rooming house. ( JUNE RADEN: D1y name is June Raden and I reside 1 at 107 Cobb Street. A couple of comments that I would like-to makes I am sympathetic to Mrs. Benson bei alone with children in a home, I li happen to be a widow melf with a 11l ij son and I know things are difficult' 'I but part of the reason that I bought' in that neighborhood was that I did want it to be a family neighborhood. I feel that we worked very hard a couple of years ago to get it zoned into families and not have rooming houses and I think that all of us i the neighborhood do feel that we would like to have it maintained th 1 way. Could I ask Ctrs. Benson a couple of questions on things I am not quite clear on. Are you presentLY renting rooms? � w. BENSON No. 1M. RADENr Are there more than three bedrooms in the house? I IMS. BENSON: There are three bedrooms upstairs an four large rooms downstairs one of which Mrs. Chandler used for the i nursery school and I now use for 0.y ; boys. & . RADEN: I would life to opposa her change in Ij the variance. JOHN VAN G€JRDER: I am John Van Gorder from 307 +firth Street and :my property abuts this property. I am sympathetic for her l with her property but x•m not for this variance because Mrs. Chandler jj had a nursing home theres there was cars in my driveway when V d go home , have to ge=ber, the I � i I j i i to move thein so I could get out of � ii there because she had that nursing home and she got through at noon when I was hole for lunch. I am not saying she wouldn't rent to goo (I students; she probably would, but i I� calls for two rooms so if she gets ii variance for two rooms she could put four in each room, my notice says f two rooms, it don't say how many in each room. I'm sympathetic for her jbut I just can't go for the variant Ji I don't say I'd have any trouble, the people across the street are talking about selling a nice big house, if I) they sold to somebody they'd be dowi here to see you and want a variance. The people that abut my property on 'earl Street, they just bought there , I� and if this goes through they might i� decide to come down even though they 've ' got two children, they'd have room to rent rooms, I got room to rent room but I like it up there, it's nice and peaceful. I'm against it which I II have already told Mrs. Benson when she asked me the question. As a neighbor I don't mind her a bite if this goes through, it can go all around you and I am the only house j on the right side of Worth Street. I have a nice big lot and I'd hate I: to run into problems. I bought thati If land up there figuring I had a nice If home it was peaceful and I've been there eight years now and I've en.- joyed every minute of it. I had a I� lot of problems with that nursing j home with I1irs. Chandler but that•s !! beside the point. I don't want to j run into problems again. They sell up there all the while, some professpr l leaves* the house is up for sale, right around my section these big homes and it's just going to end up it's going to be rooming houses all around there. There are a few up there now in violation which I hope II are corrected and should be correcteI. �I IIs " J i I i I !I i i j DONALD SHERAWs 111,1.y name is Don Sheraw and I live at 217 Cornell Street which is in the immediate area under question. I'm j not speaking to the merits of this Individual appeal in particular be- cause I don't know the parties in. volved and I don't know circumstance of the case. I just wanted to make i one or two comments for the record as a resident of the area. The fact, that it is an R-1 area is- important IIJ to me and it's one of the reasons why I chose to live in that particu �I lar area. It seems to me that it's j a burden on one seeking a variance from this R-1 change which is relat e- ly recent should be rather great. have some difficulty with this par- ticular case as I listen to it be. cause it does seers to me if this casa j is granted on a property variance ii which goes with the property that !� it's going to be difficult not to grant all such requests based on personal hardship. I don`t know j whether it's possible to grant a special variance for an individual �j as opposed to the property but it ` seems to me that if in fact the reason for granting the variance is ? j a hardship case for the person, per. I haps that should be considered. If not, I have difficulty understanding how marry hardship cases wouldn't qualify for a variance as well as J! this. I just reemphasize that I think it's important to try to keep the issues clear in terms sof the in4 dividual circumstances of a person it I, seeking the variance and the longer ] j range question of that piece of I property that's already been broughtll J up and I think it's important to kee that in mind. I think one final thing that`s also very important that has been raised a number of �i timest the number of variances alre j existing whether they were pre-exist- Ing conditions or not if the area i intended to be R-r1 I think to add tol appears= __die- su -- I I !i I !I number would: be a mistake; I think also that those making the decision , should be aware of just: ghat the conditimns are there and how many o these variances do exist and is this II going to add another which carries it over and effectively going to wake it an R-►2 when it's redly sup-{ i, posed to be an tR-1. ,j I ES, A. S141 TH i I am W. A. Smith and I live at Fag j ijitchell Street which is at the sou end of Cobb Street so we are that close to this property. I would ji like to emphasize what this ward i a likely to be faced with. I feel very definitely that in this case Mrs. Benson has a very goad case to make for herself but we have been through an experience for the last three years now of trying to correc the situation] the fact of the mat. (! ter is, it began because we discover d places in the area which were clear outside of all regulations„ even R..Z. Of course# in the first place it's been emphasized here] the R-.2 clas- sification came about without our knowledge, now we may have bn at I� fault in not knowing ghat was hap. pening but we discovered it when we started hooking into some of the cases of houses filled with student j They were operating regardless of ij number, sex, or anything else, that` what got us to work but it was prettr much of a. struggle to convince peep that this R-2 arrangement preoeeding two and a half years ago was a • ently a. mistake in the first plan and we had a good deal of work get. ting it back to an R*.l and a family residential' area.. Now I think we it have to look to the future. I wish it could have been investigated how many places are now outside of being II legally occupied. I`m sure there are other cases going to come up which it can develop much as could i develop out of this3 the granting o TtibM �1nsons ,_rang ht be one tha+ II - j i I 'i J �i i� I i If has a good deal of merit, but what can happen once you grant a variance. i' If you event up there and start in- vestigating the places that are Illegal now, if you granted this case# they could come back at you and say well look what you did# why pick on us# how give us a varizuice. This could multi ly and that's what we're afraid of 3.n this area and I think it's a thing that you folks as a Board are going to have to take irto account. THE CHAIR: Is there anyone else who wishes to . oppose this appeal? None. �I M. BENSON& first of all in my case there is definitely a hardship in that I t would not have bought the property �! at all had I not been under the im. pression at the time I bought it that I could indeed rent these rooms , ii MR. PURTINt Even with the R-2 designation, it is correct isn't it that the lot size is not ample enough to allow you to rent the rooms? �I M. BENSON: Right. I would have to come before � you peoples T am short something like 500 square feet. you have an area there which has fairly small lots by todays standards and large houses on those lots. It is an oldei. residential area, it was one of the it older .subdivisions was put in up there a. long; time ago and the char- !� acter has c hanged, I mean it is jus not going to be the same as some of the newer subdivision areas beim put in nowt the newer subdivisions$ the houses are smaller, the side yards are greater and the lot size to the square feet of the house is i generally a larger ratio. That character of that neighborhood is established• I mean there it is# it' pari#_Yhi r►i r► di at rance i l II i n i a tudents have been a way of life in j that, area for many, r.,zn,y years, you. I have a great many people now who are{ renting to students either by the grandfather clause or in direct vic-.1 lation of the Zoning Ordinance* pro �`' ably in a great many cases through !! juot simple ignorance that they jus don't realize and nobody has bothers 4, to pursue it. As I said,I never I would have even bouGht the property I if I hadn"- counted on renting the rooms at the time that I bought it. If I had known that I would have to j put in an apartment, I would have looked elsewhere for a house, I justj would never have bought it. One thing that I would like to request, the problem has been i it II ,I it into the same category as any other 'i precedence. I'd like to have some- body else respond if they care to# b t from what I hear this is the war it sounds to me. A Board does have authority to put on conditions and maybe it would fall under this in. stead of giving it the title of a conditional -variance.. Boards are instructed throughout the State to refrain from putting these kind of conditions on the things that put the burden on the enforcement office outside of those things described as duties. I have just a few questions Did you buy through a local real estate agent?- M. gent?MRS. BENSON# yes. i MR. VAN MARTERs Was he aware of your conditions, situation and circumstances? �I PDMS. BENSON# Yes. .i �I MR. VAN MARTER# Did an attorney represent you at the i time of closing? 1 YMS BENS 4N# !i Yes:. I MR. VAN DUERs Was he aware of your circumstances? MRS. BENSONS Yes. MR. VAN MARTERs Was a local lending institution involved? i MRS. BENSDNs Yes. MR. VAP MaTERs Were they aware of the situation? i �11M. BENS QN s Yes, THE CHAIRt Are there any other questions? None. i r: � it it II I I I.� EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACAv SEPTEMBER lo, 1973 APPEAL NO. 1025# MR. MARTIN e I move that the variance be denied. jl MRS. HOLNANt: I second that. �I � I FINDINGS OF FACTS 1) Despite the considerable showing �I of personal hardship„ there was a failure to show that there were circumstances or conditions of the property which rendered it unreasonable or impossible to use it in accordance with the Zoning ii Ordinance) 2) Given the recent designation of this area as R-1, it is especially clear that the variance requested I� would not be in harmony with the purpose and intent of the Zoning Ordinance. I VOTE: YES - 6 NO ,. o i i I it l I I I i I it i ii ..20.. IBOARB OF ZONING APPEALS, CITY OF ITHACA* CITY HALL, ITHACA* . NEW YORK, SEPTEMBER 10, 1973 i�il►11M�t4 rFW�Y.kY�YFiriYliltY�.�i11YiF��AM�Y4Yr`M'�i'���1.�NWFYC�����bfi/F.IfM�lw1-M9f�fIYr.Y�� u Conm1ssio7vr Jones lists what Appeal No, 1026 is to be. APPE,Q N4. 1o26s The Appeal of Charles L. Wilson for an exception under Section 7P Column 5 at 1042 North Aurora Street in an R»3 zone. I ICOMSSIONER JONES# I don`t see anybody here to repress � Mr. Wilson so I would have to say that you can't act on the case. THE CHAIR: This concludes the Public Rearing and we will now go into Executive Session. i If i ii !I i 'i I it 'i �I i� �I ! i it ;I ,I li Ij it i �i I C E R T I F I C A T I O N f I I DARLEEN F. LZSK, DO CERTIFY that I took the minutes of the Burd of Zoning Appeals, City of Ithaca, in the -mat. (, tern of Appeals No. 1020, 1025, 1026, on September 10, 1973 at City Hall,, City of Ithaca, New York; that I have transcr3 � d the same and the foregoing is a true copy of the transcript of the minutes of the meeting and executive session of the j Board of Zoning Appeals, City of Ithaca, on the above date, d jithe whole thereof, to the best of my ability. it I i ^/CL . it Ua"Re-en F. Lisk {{ Stenographer jI I Via! I Sworn to before me this 1 day' of ' ' X9, 3 5 I i i �� N`r �t,■,iir. �i 7 I � i I II� II 4 L �� �j� ' .� ��`� �. �: