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HomeMy WebLinkAboutMN-PDB-1970-11-24 PLANNING BOARD MINUTES City of Ithaca Regular Meeting November 24, 1970 7:30 P.M. PRESENT: Chairman Putney, Vice Chairman Doney, Messrs. Burns, Conley, Reps and Schmidt. ALSO: Acting Director Meigs, Planning Tech. Lawrence, Building Commissioner Jones, City Engineer Schlieder, Aldermen Nichols and Nordheimer, A. McPherson, Mr. & Mrs. W. Ewald; Mr. & Mrs. E. Painter, C. Steiger, A. Lazcano, J. Hunt, R. Olsen and representatives of the press and radio. ABSENT: R. K_orf. PUBLIC HEARING (McPherson of Ithaca, Inc. and Rosten Construction Co. , Inc. ) was called to order at 7:30 p.m. McPherson of Ithaca, Inc.--western portion of proposed subdivision, including Warren Pl. and Richard P1. : No one appeared for or against request for final approval of subdivision and hearing was declared closed. Rosten Construction Co. , Inc. : No one appeared for or against approval of the project and the hearing was declared closed. REGULAR MEETING of the City Planning Board was called to order at 7:35 P.M. MINUTES of the last Regular meeting of the Board, October 28, 1970, were approved as published. SPECIAL ORDER OF BUSINESS: None. COMMUNICATIONS: None. COMMITTEE REPORTS: a. Codes & Ordinances: Chairman Schmidt presented the following report to the Board concerning zoning in the Correll--Mitchell Sts. Area: "The Committee's meeting with area residents was held at 1+:30 this date [11/1+/70] , pursuant to their request at the October meeting of the Board. Dr. Maurice Bond presented a draft of a petition which deals with the problem of residential use in the area, and with the present zoning of the area, which residents feel is inconsistent with that of adjacent areas. The resi- dents and the Committee discussed the issues, and it was generally agreed that the residents should present their petition to the Charter & Ordinance Committee of Council, which it is expected will cons ' er the petition in connection with its current review of the proposed revision of the zoning ordinance. It was understood that the residents' petition will ask that either a) the area concerned be rezoned from R-2 to R-1, and the new ordinance include a fair, firm and reasonable definition of the word 'Family,' sub- stantially the same as that used for the U.S. Census of Population; or b) in the event rezoning is not approved, at least the definition of 'Family' be adopted and included in the revised ordinance. The Planning Board will consider the matter and .forward appropriate recommendations to the Charter & Ordinance Committee." Chairman Putney requested a motion, to be followed by discussion. Mr. Schmidt MOVED, "the area be rezoned from R-2 to R-1, along with adoption of a firm and reasonable defini- tion of the word 'Family. '97 Seconded by Mr. Conley. It was pointed out by Mr. Meigs that in studying the question, it appeared that the reason the area must have been rezoned in the beginning was that the density, building size and lot coverage were considered to be much closer to current standards for R-2 zones than for R-1, anal that the property maps for this area will show this; therefore the area is properly zoned currently and does not require rezoning at this time. Dr. Bond presented the petitions to Chairman Putney which people in the six-block area in excess of 90 percent had signed in favor of returning to R-1. About 80 percent of the signers were in residence at the time of the zoning change. Mr. Reps believes there should be a more appropriate motion and pointed out that the Planning Board has recommended a comprehensive revision of the zoning ordinance to Common Council who should decide what designation should be given to it when passing the new ordinance. He suggested that maybe the city needs another district designation to prevent the city zoning a great many properties so that a high percentage of them are non-conform- ing. Dr. Bond said that, if in view of the suggestion made, most of this whole area does not conform to R-1 and it should all be made R-2, the residents of the area would favor 'no discrimination. ' He said that 'communes' have been operated in the area which are not possible under R-1, but are in R-2. The motion was CARRIED. Opposed by Mr. Reps. OLD BUSINESS: a. McPherson Subdivision--request for final approval for western portion, including Warren Pl. and Richard Pl.--The discussion revealed that the developer has decided to install underground wiring in the project since they received lower estimates from the N.Y.S. Elec. & Gas Corp. than previously. City Engineer Schlieder suggested approval should be given subject to certain conditions. Due to field topo work, the streets have not been shown to be in parallel line. Also the portion_ of grade south of Richards Pl. on Warren P1. is not to standard, being 7 percent, but will be acceptable. Mr. Meigs informed the Board that all of the documentation has not yet been received. Mr. Conley MOVED, "the Board approve the portion of the subdivision subject to receipt of documentation in fulfilling requirements of regulations." Seconded by Mr. Reps. CARRIED. b. Rosten Subdivision--request for final approval--Mr. Meigs informed the Board that, even though Mr. Rosten had been notified of the requirements and procedure to be followed, this office has not received any documentation from Mr. Rosten. Chairman- Putney hairmanPutney requested the case be deferred until another time when preparation would be com- plete for the case to be reviewed. Mr. Reps advised that the Board request an opinion from the City Attorney as to whether another public hearing for the case is required or permitted. Therefore, no action was taken. 2 c. CRP develoti~lents/ ._rater-ri nWl]:lg results (Executive & Liaison Committee)--Mr.. Doney observed that he attended 5 of the 7 consultant interviews and found the applicants present a varied aj;proach and he feels the Board should determine just what is expected from the consultants) Who will be hired to work on the program. The program outlined in the application for °and::' is felt by some consultants to be not feasible for the amount of money granted the program. Mr. Reps suggested the Board meet as a committee or pool im- pressions in order to make a decision as to what they want. Mr. Schmidt MOVED, "the matter be referred to Executive Session of the Board." Seconded by Mr. Conley. CARRIED. Acting Director Meigs was directed to arrange an Executive Session of the Board as quickly as possible, or within the r,<,xt couple of weeks. d. Junior manner Nosition­ Rr. P,eigs informec the Board that Mrs. Belen L. Martinez has been hired as junior I;la_ 4er and is expected to report for work on December 1, 1970. NEW BUSINESS: Fiona. MISCELLANEOUS: a. Zoning Cases as follows: 1. Request for Variance at 227 Linden Ave. - BZA Case 901. The request was sub- mitted by Linden Hills Apartment Corp. for uses not permitted under Sec. 7, Col. 2 of Zoning Ordinance (offices and dead storage). 4. Request for Variance at 227 Linden Ave. - BZA Case 906. The request was sub- mitted by the Community Automotive School (tenant) for use not permitted under Sect. 7, Col.. 2 of Zoning Ordinance (automotive school). Both of the above cases were reviewed under previous appeal, BZA case 900 (11/2/ 70) submitted by Linden Hills Apartment Corp. The Board questions the legality of the tenant's application; and the propriety of the owner and the tenant applying separately for apparently conflicting variances for the identical property. The Board does not feel they can proceed in the review of the two cases until a ruling on the legality of separate submiEsion by a tenant has been obtained from the City Attorney. Therefore, Mr. Burns MOVED, "the Board will submit bot'; cases (901, 906) to the City Attorney and the Codes & Ordinances Committee.f° Seconded by Mr. Doney. CARRIED. 2. Request for_T_x_ception at 212 Hook Place - BZA Case 903. This request is an exception to Sect. 7, Col. 12 of District Regulations Chart, and Sect. 9E-5 corner lot transition, Zoning Ordinance (to build garage 10 ft. closer to street than allowed by Ordinance). Because the data i-.,-as incomplete (map not provided) , Mr. Burns MOVED, "the Board defer action on BZA. Case 903 until a map is provided.7P Seconded by Mr. Corley. CARRIED. 3. Request for Variance and Exception at 413 N. Tioga St. - BZA Case 904. (Variance to Sect. 7, Col. 11, and Exception to Sect. 7, Col. 16 of Ordinance) Mr. Schmidt MOVED, "the Planning Board has reviewed the request and finds no objections to the rear-yard construction since it does not conflict with the long-range aspect of planning. However, the requirement should be, and it is so recommended, reviewed 3 by the Fire Chief for the purpose of fire access." Seconded by Mr. Burns. CARRIED. 5. Request for Exception at end of Fifth Street - BZA Case 907. (Exception to Sect. 7 District Regulations Chart, Cols. 13-14-16) Mr. Schmidt MOVED, "the Planning Board has reviewed the request and finds no objection to the front, side and rear yard encroachments since they do not conflict with the long-range aspect of planning. However, the requirement should be, and it iz so reco=ended, reviewed by the Fire Chief for the purpose of fire access." Seconded by Mr. Burns. CARRIED. Though the Planning Board raised no objection to the request for exception in this case, due largely to the nature of the intended first-year client for the pro- posed structure---one of the area's outstanding socially-oriented employers--there are in fact some reservations concerning buildings and the eventual land use proposed for this area of which the Board of Zoning Appeals should be aware. The approved General Plan for the City, presented and discussed in detail with many civic and governmental groups (including Common Council) during the past year, indicates that the best use for the area between Hancock and Third Sts. and Rt. 13 is as a medium- to high-density residential area. It is hoped that the prospect and purpose of improved residential neighborhoods will encourage developers to make location decisions and movements in the public interest, and that the Board of Zoning Appeals will consider the above information in its determinations on this and other appeals: MEETING ADJOURNED at 9:25 p.m. Chairman Putney announced that the entire Board were to meet, at that time, with the Finance Committee of the Council in an attempt to find out if there is going to be a .0ty Planning Department in the future. Respectfully submitted, Jonathan C. Meigs 11.30.70 Acting Planning Director 4