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HomeMy WebLinkAboutMN-PDB-1975-02-25 CITY OF ITHACA TOMPKINS COUNTY NEW YORK THE CITY PLANNING BOARD ITHACA, NEW YORK 14850 AR 2_1713 _ February 21, 1975 Planning Board City of Ithaca Ithaca, New York Dear Planning Board Member: The following are items that will require your attention at this month's meeting: There will be four zoning cases as follows: BZA Appeal 1069: Appeal by Dell Grover to allow expansion of a non- conforming use (neighborhood grocery) which already exceeds allowable lot coverage and all yard setbacks. Sec. 30.49c of Zoning Ordinance specifically says no nonconforming use may be expanded unless it can meet all other requirements, BZA Appeal 1070: Request of Bldg. Comm'r for interpretation of 'Home Occupation' in relation to parking and storing tow trucks and other equipment of a towing firm on a residential street and property of a principal of the firm. The ordinance definition requires that the occupation be carried on in the home or an accessory building, that no outside display or storage of materials or equipment connected with the occupation is allowed, and no offensive noise, dust, etc. shall be produced, all of which conditions are felt to be violated, according to correspondence filed with the appeal. BZA Appeal 1071: An appeal to the requirement of Sec. 30.43 that new structures be at least twenty feet from creek walls, though usable foundations exist closer to the wall which allegedly must be used to permit economic viability of an unspecified but allegedly allowable use. Appeal 1-3-75: Appeal to Sign Ordinance to allow an additional sign on the side of a building, directing customers from the street to the side entry of a business with-no street frontage. The Planning Board has received two letters from citizens regarding the William Sullivan request for variance and zoning change. One stridently supports Mr. Sullivan's request, while the other agrees with the policy of keeping non- residential uses out of residential neighborhoods. Both letters will be available for your perusal. -2- The Community Development Application, as prepared by staff, under the direction of the ad hoc Community Development Committee, has been approved by the Common Council. The program elements are virtually unchanged from those reported to you at your last meeting. The Swimming Pool Committee will be recommending to the Council at their special February 26 meeting that Anton J. Egner be hired to design the children's wading pool in Cass Park. As reported to you previously, I have corresponded with Theodore Sturgis regarding the .possible sale of any Board of Education owned lands in the city. A letter from Mr. Sturgis states that while the Board has no present plans for disposal of school property, the Board and he would be glad to give the city an informal right of first refusal should any school district land be con- sidered for sale or disposal. I would recommend that you recommend to the Common Council that the city actively seek such a right of first refusal from the Ithaca City School District. Preliminary investigation indicates that construction of either the Fairgrounds or the Pyramid Shopping Proposals will have a significant impact on retail activity in downtown. I will be presenting a study outline for the work which the department will be doing in the next month on this problem. Enclosed with your agenda you will find a memo from the Department to the Board regarding the problem of setbacks in B-4 districts. I think this memo is self-explanatory. The Board can take what action it feels appropriate on this matter. The Department has received a request from Lawrence Green to help him locate a site for a large outdoor sculpture in the city. A site selected by the artist from several recommended by the Planning Department will be presented. If this site meets with your approval, I think it would be appropriate for the Board to make a recommendation to the Common Council regarding this proposal. All that is requested by the artist is that a site be donated for location of the sculpture. He is asking for no monetary contribution by the city. Ver truly yours, Y � H. Matthys Van Cort Planning Director HMVC:hh Enc. PLANNING-=BOARD MINUTES City of Ithaca Regular Meeting February 25, 1975 7::30 P.M. PRESENT: Chm. Doney, Mesdames Benson and Meyer, Messrs. HildrethMoran, Saggese and Stein, ALSO: Alderwomen Jones and Nichols, Planning; Director Van Cort, Building Comm'r. Jones, Mary Acton, Cathy Beauregard, Robert Cosgrove, Bud Dillon, David . Fuller; L,,rry Green, David Maisel, S. Richards, Jeff Roberts, Mrs. John Ryan, Frank Watts, and members of the press and radio. ClLm. Doney called the meeting to order at 7:30 P.M. Mr. Stein MOVED, and Mr. Moran seconded, that two corrections be made to the Minutes of the meeting of January 28. On page one, the: end of the paragraph under Zoning Cases, should read "the matter was referred�,to committee.`" On page three, Mrs. Benson'scomment should read "'the 25 percent--of-income criteria. . .should be looked into'in light of the current economic picture." The motion passed unanimously, and the minutes,were approved as amended. ZONING CASES: - a. Appeal 1069: Appeal of .Dell L. Grover at 416 Hudson Street for use and area variance in R7-2 district. At the property in question, Mr. Grover operates a small, family grocery store, which is currently a nonconforming use. He, feels he must enlarge his store in order to continue his business. David Fuller of the South Hill Civic Association expressed concern about the proximity of the enlargement to the neighboring house. Mr. Van Cort explained that the proposal is in violation of the zoning ordinance because it fails to conform.to standards of lot coverage, off-street parking, off-street loading, area and square footage, widtha. front yard®, side yard-, and rear-yard requirements. In the following discussion, Board members discussed the importance of a neighborhood store in'that .particular location and .questioned the attitudes of other residents in the South Hill area. Chm. Doney noted that citizen views would be, brought to the Board of Zoning Appeals hearing and that the Board need only consider the proposed variance as a planning issue. Mrs. ,Meyer MOVED, and Airs. Benson seconded, that "the Board recommend approval of the expansion of the grocery store but not of the apartments included in the building." The motion CARRIED 5-2 with Mr. Stein and Mr.. Doney voting in opposition. b. ARpea1 1070: Appeal of Building Department for interpretation of rules"of Home Occupation at 133 Grandview Court in R=2 district. Mr. Van Cort read from the Zoning Ordinance the regulation which defines a home occupation as "any occupation or a profession which: a. is customarily carried on .in: a dwelling unit or a building or other structure accessory to a dwelling unit, and b. is carried on by a member of the family residing in the dwelling unit, and C. is clearly incidental and accessory or secondary to the use of the - dwelling unit for residential purposes, and d. which conforms to the following additional conditions: (1) The occupation or profession shall be carried on wholly within the principal building or with ,,I a building or other structure accessory thereto. (See "Accessory building". ) (2) Not more than two (2) persons outside the family shall be employed in the home occupation. (3) There shall be no exterior Display, no exterior sign except as permitted under Chapter 34 of this Mu icipal Code, no exterior storage of materials and no other exterior indiction of the home occupation or variation from residential character of the principal building. (4) No offesnive odors noise, vibration, smoke, dust, heat, or glare shall be produced. (See 9 30.40 o this Chapter). In particular, a home occupation includ s; but is not limited to the following: art studio, dressmaking, teaching (with musical instruction limited to a single pupil at a time), and the professional office of a lawyer, engineer, architect, accountant, real estate broker or insurance salesman within a dwelling occupied by the same." . Mr. Van ;Cort explained that in the lase in question, it must be determined if Ryan's ?.,Trecking Serviceualifies for hole occupation status. Mr. Ryan operates his service from his apartment. The trucks lhich he dispatches stand in Grandview Court; he asserts, however, that the ,trucks are not actually stored in that location. There is no exterior sign indicating his business except for the signs on the trucks. If the trucks are part of the home occupation, Mr. Ryan is in violation of.the zoning ordinance. If the trucks are separate from the business, the problem is a. police, not a zoning, matter. 14r. Cosgrove read a petition signed by fifteen neighbors in Grandview Court objecting to the trucks on the neighborhood streets because of the noisy drivers, the early and late hours of operation, the noise from two-way radios, the danger to children of trucks, and the excessive parsing space taken up by the trucks. Neighbors are distressed particularly by the continous nature of the disruption caused by the wrecking service operation. Several neig boys also spoke. Mrs. Richards complained about interference with radio and T.V. re eption caused by the two-way radios. Mary Acton stated that the trucks must be seen as an integral part of the wrecking business. Cathy Beauregard stated that tie disruption caused by the wrecking service can be heard anywhere in the neighborhood Frank Watts spoke for Mr. Ryan; who ould not attend the meeting because of illness. He explained that the pick-up tuck associated with the business is also the Ryan family car. Mrs. Ryan, who help run the business, explained that two-way radios are not ]_eft on in the trucks and that trucks are not always dispatched from her street. h"ro Watts emphasized that the wrecking service is a family business and that the Ryans have to work where they live. Mr. Fuller of the South. Hill Civic Assoc. spoke in support of the Cosgrove pe ition, and stated that Ryan's Wrecking Service had grown beyond a home business. Mrs. Benson MOVED, and Mr. Moran seco�ded, that "this business does not have the character of a home occupation because sucl a business must be contained inside and 2 should create no offensive noise, dust, etc. , conditions which Ryan's Wrecking Service does not meet." The motion CARRIED unanimously. c. Appeal 1071; Appeal of ILF Financial Corp. at 215 N. Tioga for area .variance in Bao district. Mr. William Dillon applied for a variance to allow him to build on the existing foundation of a building partially destroyed by fire. The foundation is right on a creek.wall; the zoning ordinance states, however, that buildings must be 20 feet from creek walls. Mr. Dillon wants to make the new building three stories high., which is higher than the original building. Mr. Van Cort explained that Mr. Dillon's variance was for a non-conforming building, not a non-conforming use, and that therefore the building could be rebuilt to the original dimension according to 0 30.51 of the Zoning .Ordinance. Mr. Dillon spoke in his own behalf noting that the adjacent building is three stories high and that he anticipates no parking problem because of nearby municipal parking. 11r. Van Cort explained that in a B-3 'zone, structures may have 100 percent coverage except rear yard, be eight .stories high., and require no side yard. B-:4 zones limit buildings to four stories, allow 50 percent coverage and require a ten-foot side yard. He suggested that Mr. Dillon's property should be reclassified as a B-3 zone. In response to Mrs. Benson's question, Mr. Van Cort said the lot was probably not in the flood plain. Mr. Dillon said he would comply with any regulations regarding; preservation of the creek wall. Mr. Moran MOVED, and 11r. Stein seconded, that "the Board recommend the approval of the variance." The motion CARRIED 5-1, with Mrs. Benson in opposition. Mx. Stein MOVED, and :Mr. Moran seconded, that "the Board recommend to the Common. Council that the district in question be changed from B-4 to B-3." The motion CARRIED unanimously. d. pLppea1 1_ -3-75� Appeal of Freemarket Book and Record Exchange at 210 Dryden Road' in B-2 'zone for ,exception to Sign Ordinance. David Maisel, proprietor of the exchange, wants a variance to the sign ordinance to allow him .to place an additional sign on the side of a neighboring building. In his current location he contends that the front of his store in. Dryden Court is too far from the main road (Dryden Rd. ) to be seen by customers. The sign he hopes to put up would be easily seen from< the street. Mrs. .Benson MOVED that "the Board recommend that the Board of Zoning Appeals grant this appeal and allow a sign to be erected no larger than the Baker's Travel Center sign which is on the same wall." Mr. Saggese seconded. In response to. a question by Mr. Moran, Building Commissioner Jones said that since a second sign is not permitted by the Sign Or there is no mention of an allowable size. The motion CARRIED unanimously. e. The question of density in-a R-3 zone will be referred to the next Board meeting. .SPECIAL ORDER OF BUSINESS: a. Fall Creek Park Project: Jo,ff Roberts of the Youth Bureau spoke from the floor to explain his interest in .implerienting the Fall Creek Park Project, according to the plans drawn up by the Planning Department in 1970. The site chosen for the park is owned.by Cornell University and has ,been leased to the City for park use. Roberts explained that he expects the actual work on the property to create summer jobs for 40 youths in Ithaca. Hesaid that he .has secured pledges for plantings, materials, and services from Cornell and the City and that he needs an additional sum of $4,265 for the project. . 3 In response to a suggestion about financing the project ,,rit_h park reserve -funds, Building Commissioner Jones questioned 1hether city funds can be used on leased land. Mr. ,Stein MOVED and Mr. Moran selded that "the Planning Board Clive a vote 3 3 g g of confidence to the Fall Creek Park Project." Mr. Van Cort noted that there are no gommunity Development Act- fundsfor consi�ruction of the park. The motion CARRIED unanimously. b. _Departmental recommendation on civic sculpture: (This matter was discussed at this point. rather than under New 'Business as scheduled for the convenience of Mr, Green. ) Mr. Van Cort explained tha-1 Larry Green has designed a sculpture which he wants to build with funds from the National Endowment for the Arts, and to locate on public property in Ithaca. e aluminum sculpture is l0'x1O'x3O". Mr. Van Cort noted that the City of Ith ca 'has no civic art and no process for acquiring it. Mr. Green wants the city to designate a public site where the sculpture could be placed. He explained that his application for endowment funds would be helped by the city's display of interes as shown by selection of a site and the provision of city services. Mr. Van Co t said that Mr. Green has looked at several potential sites and .at this time favors a location in Cass Park to the west of the flood control channel. The Board members discussed the possible need for a planning policy on public art, since there are cu rently no provisions for its acceptance, purchase or location. Ir. Stein MOVED, and Mrs. Benson seconded, that "an .ad hoc committee, repre- senting the Common Council, the Planning Board and the B(.srd of Public Works, draw up public guidelines on the acquisition f public art, and that this committee act expeditiously with Mr. Green's request ii mind." The motion CARRIED unanimously. CO1,WNICATION S: Mr. Van Cort said he had received t =o letters, one pro and one con, regarding rx. William Sullivan's request for a use variance. Mrs. Benson noted that she has received several communications against fir. Sullivan's request. COTaflITTEE REPORTS: None. OLD BUSINESS: a. Community Development Act_. Mr. Van Cort said the application was sent to the Clearinghouse on schedule. b. Cass Park Children's Swimming P ,ol. 1•11r. Van Cort explainedthat the architect's contract is going to Council for approval and the '1%yor's signature. In response to Mr. Doney's question, Mr. Van Cort said the architect's fee would be 9 1/2 percent of the project's total cost . c. The Board of Education and South Hill School. Mr. Van Cort aid he had received a response from Mx. Sturgis stating that no plans have been made to sell the school property and expressing an interest in giving the City rights of first refusal on any future sale of the land. Mrs. Benson MOVED, and Mr. Stein seconded, that "the Planning Board refer the matter of first refusal rights on school roperty to the Common Council for considera- tion." The motion CARRIED unanimously. d. Study of impact of D<ramid/Fairgrounds Mr. Van Cort passed around an outline of the proposed study to the Board members for their perusal. NEW BUSINESS: _ a. Proposed zoning; ordinance change regardin, setbacks in B-4 districts. Mr. Van Cort said the lack of a setback requirement in a�� B-4-zone is potentially' dangerous if future developments build up to the edge of the right-of-way. This situation is of special concern along S. Meadow Street and Elmira Road. The following recommendations are made by the Planning Department: (1) Place a moratorium on building permits in B-4 zones within 10 feet of the front property line until an amendment to the Zoning Ordinance can be acted on. (2) Amend the Zoning Ordinance to require in B-4 districts a minimum front yard of five feet, otherwise equal to ten percent of average lot depth up to a maximum of. twenty feet. (3)' Develop a proposal for a new zone encompassing Elmira Road-and Meadow Street below Clinton Based in part on a comprehensive evaluation of existing and desired conditions. (4) In the event a setback requirement or rezoning for this area is deemed undesirable, reevaluate the proposed improvements to Elmira Road and revise the plan. as necessary, postponing work on the engineering design until revision of the plan is complete. Mrs. Benson noted that there may be a relationship between this proposed project and the projected new cross-tW n highway. rlr. Stein MOVED, and Mr. Doran seconded, that "the recorrmendations of the Planning Department regarding the proposed zoning change in B-4 districts be sent to the. Common Council." The motion CARRIED unanimously. ADJOURNMENT: Mr Stein MOVED, and Mr. Doney seconded, that the meeting adjourn." ' The motion CARRIED unanimously. 10:35 P.M. Respectfully submitted, V, H. Matthys Van Cort Planning; Director 3.20.75 5