HomeMy WebLinkAboutMN-PDB-1971-05-25 PLANNING BOARD MINUTES
City of Ithaca
Regular Meeting May 259 1971 7:30 P.M.
PRESENT: Chm. Putney, Vice Chm. Doney, Messrs. Burns, Conley, Shaw, Austin and Schmidt
(arrived late).
ALSO: Acting Director Meigs, Planning Board Committee of Council members Jones and
Slattery, Mrs. R. M. Putney,, Kr. & Mrs. W. Ewald and members of the press and radio.
MINUTES of the last Regular meeting of the Board, April 27, 1971, were approved as published.
SPECIAL ORDER OF BUSINESS: None.
COMMUNICATIONS:
1. HUD-Consultant Contract--Acting Director Meigs read a letter received from HUD on
21 May in which they approved the draft of the proposed contract between consultant and City.
of Ithaca as follows :
"We have received your proposed contract with Raymond, Parish and Pine submitted with
your letter of April 14, 1971. We have no objections to the execution of subject
contract provided the maximum compensation does not exceed $67,700, and that there are
sufficient funds available in the latest approved budget."
In the discussion which followed Mr. Meigs informed the Board that we now need to 1) have
the y;_oposed contract approved by the City Attorney and negotiated by the Mayor for the
city, and 2) submit a request to HUD for an extension of time.
Mr. Conley MOVED, "the Board ask the Department of Housing and Urban Development for an '
extension of time, up to 18 months, in which to carry out the Community Renewal Program."
Seconded by Mr. Doney. CARRIED.
2. Christina Mazza-Re. W. Side of 500 Block N. Meadow St.--Mr. Meigs read a letter
received from Mrs. Christina Mazza on 21 May, in which she requested that consideration of a
change in zoning on the west side of the 500 block of North Meadow. Street from B-1 to B-4
in the Zoning Ordinance be brought before the Board for a determination. Mrs. Mazza
previously requested the change in zoning in a letter to Common Council received in the
clerk's office on 16 March and referred to this Board informally by Alderman Boronkay at
the April 27th meeting, at which time the matter was referred to the Codes and Ordinances
Committee for study and report to the Board. (See Item 5.a.1 below. )
3. Mr. Meigs read a memo from E. Jones, Zoning Officer and Secretary of Board of
Zoning Appeals, dated May 19, 1971, as follows:
"The following resolution was passed by the Zoning Board on May 3, 1971 and I have been
instructed to forward it to you:
The Board of Zoning Appeals unanimously requests that the decisions of the Planning
Board be sent to the members of the Board of Zoning Appeals only."
Mr. Meigs informed the Board that he had asked the City Attorney for a ruling regarding the
legality of the Planning Board handling the zoning appeals in closed session, thereby
a
insuring the privacy which the Zoning Board and Zoning Officer request concerning the reco-
mmendations of the Planning Board. The City Attorney advised Mr. Meigs that under no
condition should the Board have a closed meeting on zoning or any other matters where the
Board's actions become matters of public record.
Mr. Austin suggested that the Planning Board and the Board of Zoning Appeals meet and
attempt to resolve their differences regarding the recommendations of the Planning Board,
and arrive at an understanding of the basis on which the Board makes its recommendations.
Mr. Meigs also informed the Board he will ask the City Attorney to make a positive
ruling in writing as to whether the Board. of Zoning Appeals can act on the appeals before
the Planning Board returns a recommendation to them, inasmuch as, legally, the Planning
Board is required to review the cases. SCS VAC
Mr. Austin MOVED, "the Planning Board declines to accept the resolution of the Zoning
Board, and requests a joint meeting of the two boards for the purpose of discussion with-a
view towards resolving the matter." Seconded by Mr. Conley. CARRIED.
COMMITTEE REPORTS:
A. Codes & Ordinances
1. Regaest of Christina Mazza for Rezoning of the 500 Block of N. Meadow St. from
B-1 to B-4--The Committee RECOMMENDS that the Charter and Ordinance Committee of Common
Council be informed that the Planning Board has thoroughly examined this area in the context
of a complete revision of the Zoning Ordinance, wherein it is recommended that the area in
question be changed from a B-1 classification to B-2, and the Board reaffirms this recommen-
dation and urges that the area not be rezoned to B-4 for the following reasons:
1. Such rezoning would amount to spot zoning, which is undesirable in both principle and
practice.
=� 2. The permitted uses in B-4 classification would require a multiplicity of curb-cuts onto
the major roadway, thus encouraging cross-movement and at the same time increase traffic
hazards.
3. The uses in B-4, being of automotive nature and leaning towards light industrial in
character, would increase leaving and entering onto the roadway resulting in obstruction of
easily flowing vehicular traffic.
4. The possibility of Lake Shore development into an extensive park facility would indicate
that the area in question would serve better as a transition barrier to adjacent residential
properties in its presently zoned B-1 (or proposed B-2) classification rather than in the
requested B-4 classification.
v 5. Lack of information - no statement as to explicit use desired in the area.
6. To terminate an essentially residential neighborhood boundary, the principle of light
commercial district is still valid and preferred over the heavier commercial district.
7. The recommended B-2 classification will allow a far wider range of types of business
for the enhancement of economic activity on the property, which uses would be much more
compatible with residential uses remaining in the area than would the auto-oriented uses of
B-4. This is in keeping with the principle of minimum change in zoning, allowing for
reasonable use of the property.
8. The impending realignment of Rt. 13, making it limited access through the West End,
2
though it has not yet reached the final stage of definite design, may be such as to make a
drastic change to B-4 a dead end for traffic-oriented uses which may be developed in such a
zone.
Mr. Doney MOVED, "the Board accept the recommendations of the Committee and relay them
to Charter & Ordinances Committee of Council." Seconded by Mr. Schmidt. CARRIED.
The question arose whether the east side of the block should be left B-2 if the west side
were zoned B-4. A vote resulted in
Ayes - 3 - Messrs. Conley, Doney and Shaw.
Nays - 2 - Messrs. Schmidt and Burns,
Mr. Austin abstained.
'Sense of the Board' notice is to be given the Charter & Ordinance Committee on this.
Mr. Meigs reminded the Board that before final determination can be made, the County
Planning agency is required to review the case in the absence of a Regional Planning Board,
due to the area being within 500 feet of a State arterial.
2. Subdivision of Small Parcels of Existing City Lots--The Committee RECOMMENDS that
the Planning Staff be directed to study regulations and provisions for such 'minor' sub-
division review and approval which are in effect in other localities; to obtain information
on the subject from governmental and other agencies; and in coordination with the City
Attorney, to draft an amendment to the Subdivision Regulations covering the procedures to be
followed for review and approval of such 'minor' subdivisions and to submit the draft to
the Codes and Ordinances Committee for further review at such time as it is ready.
Mr. Shaw MOVED, "the Board accept the Committee's recommendations." Seconded by Mr.
Conley. CARRIED.
B. Community Facilities & Services
1. Parking Studies in Downtown YBusiness District--The Committee RECOMMENDS that the
staff update its 1968 parking study in light of the foregoing considerations (See pertinent
Committee Report, dated 18 May 1971) and other pertinent conditions, with the assistance of
the City Engineer's office and of other agencies in obtaining current and recent data
regarding parking and traffic, with particular attention to the requirements of the Hotel
and County developments and to the area north of State Street; and that this study be
completed and returned to this Committee for consideration prior to the Board's July meeting,
if possible.
Mr. Schmidt MOVED, "the Board accept the Committee's recommendations." Seconded by
Mr. Austin. CARRIED.
2. Boynton-Central Community Center--Councilman Slattery and Mr. Cutia, Youth Bureau
Director, as well as Acting Director Meigs served on the Interim Committee for the Center.
Mr. Cutia spoke briefly in support of the facility.
The Committee RECOMMENDS that the Planning Board, knowing that Common Council is
currently studying this question, inform the Council that the location of a proposed communi-
ty service center on the site of the Central School is in keeping with the guidelines of
the General Plan for the development of the City, and recognizes that there is a need for
up-to-date, multi-purpose facilities for the activities of the various social services which
serve all segments of the community.
Mr. Schmidt MOVED, "the Board accept the Committee's recommendations." Seconded by
Mr. Conley. CARRIED.
OLD BUSINESS:
1. Status of CRP Contract. . .--(covered under Communications, Item 1, above)
2. Seneca St. Parking Lot "C"--Mr. Meigs reported that Common Council, at its last
meeting, considered alternate designs drawn up by him, and chose one to be worked on by the
Department of Public Works, Engineering Dept. and himself within the $5,000 allotted for the
project. He explained that the initial estimation of costs, which he had seen, did not
include drainage costs, therefore nearly all of the $5,000 will probably be used ftp by
physical work on parking alone if there is need for installation of further subsurface
drainage systems.
Mr. Putney felt there should be enough money, from the meters removed from the original
plan, to cover the cost of landscaping the lot. Mr. Schmidt MOVED, "the item be placed on
the agenda for discussion the following day at the regular BPW meeting and if necessary, be
returned to this Board for special consideration, then to Common Council next month at its
June 2 meeting." Seconded by Mr. Burns. CARRIED.
3. Parking Studies--(See Item. 5.b.1 above)
4. Mrs. Martinez - Leave of Absence--Mr. Meigs informed the Board that Common Council
had approved a three-month maternity leave for Mrs. Martinez, qr. Planner, from 20 April to
16 July.
NEW BUSINESS:
1. Mr. Conley asked for discussion of the matter concerning Mrs. Hutson's vacation
record and correction of payroll error. Mr. Putney informed the Board it would be handled
the following day at the meeting of the Finance Committee of Council.
2. Mr. Schmidt read a letter from the Southside Improvement Organization informing
him that they were holding a public meeting on the evening of May 27th at the Southside
Center to discuss proposed zoning changes in the area and were inviting the public so that
they would be aware of the needs and desires of the residents of the area. Mr. Schmidt
requested that as many of the Board, as could, be present at the meeting.
MISCELLANEOUS:
A. Zoning Cases
1. Request for Special Permit for erection of signs, in excess of size permitted by
Section 7, Col. 4 of Zoning Ordinance, at 401 Elmira Rd. in B-4 District - BZA Appeal #898-
Mr. �.ikakis claims the present signs identifying the Chevrolet dealership are inadequate and
the proposed signs are part of a uniform signing program of General Motors throughout the
U.S. which he is required to display as part of General Motors' national image. He requests
permission for the following: one 11 x 11 and one 9 x 9 pole-mounted signs and one 12 x 3
wall sign or a total of 238 sq. ft. Mr. Meigs pointed out that there would be a total of
440 sq. ft. (190 sq. ft. in excess of maximum) if the pole signs are to be placed so that a
message is visible on two sides. He added that once again there is insufficient information.
Mr. Schmidt MOVED, 91that until the city develops a general policy regarding sign control
with a view toward improving the appearance of the city, it must fall back upon the existing
safeguard, which at the moment is the Zoning Ordinance. Included in it are restrictions on
sign regulations. The Board therefore recommends that approval of this request be denied.'
Seconded by Mr. Austin. CARRIED.
2. Request for Exception to Sec. 7, Cols. 13 and 14 of the Zoning Ordinance at 13
Hudson Place in an R-2 District - BZA Appeal #931--Mr. & Mrs. Boardman wish to erect a
residence, the plans of which call for an attached 2-car garage at the side of the residence
which would come in violation of the zoning restriction requiring 15 feet on one side and a
minimum of at least 30 feet on both sides of a primary structure.
Mr. Shaw MOVED, "the Board recommends the request for side-yard requirement exception
be denied inasmuch as there is no real justification for granting approval of same."
Seconded by Mr. Burns. CARRIED.
There are no practical difficulties or special conditions which make the regulations un-
reasonable or impossible to comply with: the lot is amply dimensioned to allow construction
of a house within the requirements of the Ordinance.
3. Request for Exception to Sec. 7, Cols. 7-13 of the Zoning Ordinance at 129 Pearsall
Place in an R-2 District - BZA Appeal #932--The Building Commissioner having erroneously
issued a building permit for what he believed was an R-3 District, and the applicant having
already removed a tree and a shed in preparation to build, he then applied for an exception
to side yard requirements of the Ordinance in order to construct an addition to his existing
residence.
Mr. Doney MOVED, "the Board recommends denial of the request for exception on the basis
that there is lack of Justification, the lot size is not large enough to allow the addition :
of an apartment; the proposed side yards are far below the requirements fora two-family
dwelling; the existing side yards are deficient, and the proposed addition would further un-
fairly affect adjacent property." Seconded by Mr. Austin. CARRIED.
4. Request for Exception to Sec. 7, Col. 12 of the Zoning Ordinance at 319 College
Avenue in a B-2 District - BZA Appeal #933--Mr. Avramis wishes to extend the front of the
existing structure 20 feet which is 10 feet in excess of the maximum allowed by the Ordinance.
Mr. Burns MOVED, "Since this conforms to the remainder of the neighborhood, the Board
recommends granting the front-yard exception." Seconded by Mr. Conley.
Vote: Ayes - Messrs. Burns, Conley.
Nays - Messrs. Schmidt, Shaw, Austin and Doney.
MOTION DEFEATED
Mr. Shaw then MOVED, "the Board recommend denial of the request for the exception
because of encroachment on the street, which is contrary to the intent of the Ordinance and
for which there is no justification as no hardship, practical difficulty or special con-
dition pertaining to the lot has been shown." Seconded by Mr. Austin." t
Y.
Vote: Ayes - Messrs. Schmidt, Shaw, Austin and Doney.
Nays - Messrs. Burns and Conley.
CARRIED.
The Board advises allowing the addition only of the permitted 10 feet at the front of the
lot, and suggests that the applicant investigate the other possibilities open to him, such
as an addition to the rear of the existing building. With a minimum of treatment, the
required ten-foot setback area could be an attractive asset to the proposed commercial space,
5. Request for an interpretation of the Zoning Ordinance (regarding neighborhood
parking) and variance to Sec. 7, Col. 2 of the Ordinance at 614 and 618-620 W. Clinton St.
in R-3 District - BZA Appeal #934--Mrs. Hazel Soyring has received an offer from the Co-op
to sell residences which are in poor condition, located at above addresses, to them so that
they may remove the houses to provide parking for Co-op's tenants' cars, thereby relieving
the present parking area which is needed for customer parking. She is requesting interpre-
tation of "Neighborhood Parking Area" which is a permitted use in an R-3 zone. She claims
there appears to be ambiguity in conforming Sec. 9 (H): "neighborhood parking areas which
are primarily commercial in use. . ." with the definition of "neighborhood parking area" pro-
vided in Sec. 2 of the Code. If necessary, she is requesting also a variance for the use of
this property for parking by the Co-op.
Mr. Schmidt MOVED, "The Board refers the appeal to the Codes and Ordinances Committee
for study after obtaining a ruling from the City Attorney regarding the interpretation of
the Ordinance, and will forward its recommendation to the Board of Zoning Appeals prior to
the June 7 meeting." Seconded by Mr. Burns. CARRIED.
Chm. Putney directed Mr. Meigs to reply to a letter read by Mr. Schmidt to the Board from the
Southside Community Organization, in regard to this area, with a copy to be sent to the
Board of Zoning Appeals.
It was agreed by the Board that after the Codes & Ordinances Committee review the case
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the Board will hold a Special Meeting to hear the Committee's recommendation and subsequently
submit a recommendation to the Board of Zoning Appeals.
Li
5. Request for Variance to Sec. 7, Col. 2 of the Zoning Ordinance at 613-615 West
Green St. in R-3 District - BZA Appeal #935--J. Vasse, agent for Nancy G. Clines requests
variance for commercial use to utilize the premises for a retail store, claiming the property
has a limited functional use and has been vacant for a number of years. Adjacent properties
are residential.
Mr. Shaw MOVED, "the Board refers the appeal to the Codes & Ordinances Committee to
obtain more information and study." Seconded by Mr. Conley. CARRIED.
The information submitted with the appeal is insufficient in that it shows no plan or
elevation of the proposed retail facility; does not indicate what type of retail store; does
not substantiate any claim of hardship, special circumstances or unique conditions; does not
indicate that the proposed vaguely-defined use variance is necessary for the reasonable use
of the property, or that it is the minimum variance felt necessary to do so; and does not
substantiate any claim that it will be in harmony with the general purposes and intent of
the Ordinance, and will not be detrimental to the neighborhood or the public welfare.
B. Capital Improvement Committee Appointments
Mr. Meigs informed the Board that City Clerk Blean had contacted him that day with a
request that�. two members of the Planning Board be recommended to the Mayorfar-appairitment
t.¢_the.1972-77 Capital Imrpovements Review Committee. Chairman Putney directed Mr. Meigs to
notify Mayor. Johns that he recommends Mr. Henry Doney and Mr. Milton Shaw for appointment
to the committee.
MEETING ADJOURNED at 10:15 P.M.
Respectfully submitted,
Jo athan C. Meigs
6.3.71 Acting Planning Director