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HomeMy WebLinkAboutMN-PDB-1975-11-25 PLANNING &DEVELOPMENT BOARD MINUTES City of Ithaca Regular Meeting November 25, 1975 7:30 P.M. PRESENT: Chairman Doney, Mesdames Benson and Meyer, Messrs. Hildreth, Moran and Stein. ALSO: Pl. & Dev. Director Van Cort, Alderwoman Ethel Nichols, Bldg. Comm'r. Edison Jones, Mr. Wm. Dillon, Atty. Bruno Mazza, Atty. Elizabeth Yanof,_ Wm. Duke, Win.. Barrett, Morse Chain Plant Engineering Manager Wm.. Tompkins and members of .the media. ABSENT: Mr. Saggese. Chairman Doney called the meeting to order at 7:40 P.M. Minutes of the Regular meeting of October 28, 1975 were approved as published. ZONING: (a) Appeal 1101, by Two Twelve Giles Street, Inc. at 401 Columbia St. and 212 Giles St. in an R-2 district. , The owners of this development, which was legally built under the previous Apartment Development District regulations, now want to split it into two parts. One part would still front on Giles St. and thus conform to code. The other, fronting on Columbia St. would have only 20 feet of frontage and thus would require a variance. The access to the development from Columbia St. is two lanes wide and since it would only be used for the units facing that street, the Pl. & Dev. Dept. finds it adequate. Atty. Bruno Mazza explained that this problem arose when the property was proposed to be divided between the corporations' two stockholders. The Pl. & Dev. Dept. recommended approval of the exception to street frontage requirements subject to approval by the Fire Department and the Department of Public Works. Mrs. Meyer MOVED that the "exception be granted subject to approval by the Fire Dept. and the DPW." Mrs. Benson seconded the motion. The motion CARRIED unanimously. (b) Appeal 1102, by Paul I. Ward at 202 Bridge St. , in an R-2 district, for an area variance to erect a garage on property of questionable title. Previously, the Planning Board approved for this purpose the sale of an eight foot strip of Treva Avenue, a road that althoughmapped as a city street has never been used and is considered unlikely to ever be used by the city. The Wards de- clined to purchase the strip of land when they found the appraised value was $500.00. The Wards are now questioning the city's ownership of the strip of land; no title of ownership is on record. The Wards feel they may have a claim to the land if it is not owned by the city. Based on that claim, they are requesting a permit to build a garage. The permit was denied beca.:gse of inadequate side yard. -2- Mrs. Benson MOVED "to transmit this matter to the Board of Zoning Appeals to determine the legal issues involved, with a recommendation to approve the variance if it is determined that the Wards own the land and if the garage will not interfere with water and sewer lines." Mr. Moran seconded the motion. The motion CARRIED unanimously. SPECIAL ORDER OF BUSINESS: A matter brought up at this point by Mrs. Meyer was discussed under NEW BUSINESS. COMMUNICATIONS: (a) A map was circulated which outlined a proposed expansion of the historic district of downtown, as requested by the Ithaca Landmarks Preservation Commission. Mr. Van Cort reported that the Planning & Development Dept. recommended approval of this extension in the interest of encouraging preservation and renovation of historic buildings. Mrs. Benson MOVED that "the Board approve the request of the ILPC for extension of the historic district." Mrs. Meyer seconded. The motion CARRIED unanimously. (b) Mr. Van Cort reported that Common Council had referred.to the Board of Planning & Development a proposed zoning change in the area of the Cornell Walk subdivision. Mr. Stein absented himself from the discussion since he owns land in the area discussed. The problem centers on a lot which fronts on both State St. (where abutting properties are zoned R-2) and Cornell Walk (where abutting properties are zoned R-1). The property in question was zoned R-2. Mr. Bill Barrett and Mr. Bill Duke spoke to criticize this zoning designation. Apparently, the property has now been subdivided, and that subdivision has been determined to be illegal. Common Council has restricted building on the property until the legal questions are resolved. Mrs. Benson MOVED the following resolution "To resolve an anomalous situation concerning the zoning of an apparent subdivision of a property formerly running between, and with access on, E. State St. and Cornell Walk: WHEREAS, a subdivision of a parcel of land in the City of Ithaca, now or formerly bearing the street address 1010 E. State St. and the assessment parcel number 87-1-20, has apparently been made without the approval of the City of Ithaca Planning Board, and WHEREAS, the official zoning map of the City of Ithaca, approved and dated Feb. 6, 1974, indicates that all or most of the parcel in question is zoned R-2, and it is the opinion of this Board that it was intended that the original parcel be zoned R-2 in conformance with all other properties fronting on this section of E. State St. , and WHEREAS, the parcel created by the apparent subdivision, which has access to Cornell Walk and is (reputedly) topographically separated from access to State St. by an abrupt gradient, is contiguous to properties on Cornell Walk which.are zoned R-1, and WHEREAS, the stated purpose of the Zoning Ordinance of the City of Ithaca is ". . .to promote. . .the most desirable use of land and to conserve the value of buildings and enhance the value and appearance of land throughout the City," BE IT RESOLVED, That the Board of Planning and Development of the City of Ithaca finds that the interests of planning, land use and the citizens of the City of Ithaca would be best served by rezoning to R-1 the parcel, created by the apparent subdivision, which would have frontage only on Cornell Walk, and BE IT FURTHER RESOLVED, That this Board recommends that the Common Council of the City of Ithaca take appropriate action to change the zoning and revise the zoning map in this area so that the zone boundary line between R-1 and R-2 generally follows the rear lines of properties fronting on the northeast side of State St. between Valley Rd. and Cornell St. , as indicated .on the attached map." Mr. Hildreth seconded the motion. The motion CARRIED. Voting "aye" were Mrs. Benson, Mr. Hildreth, Mrs. Meyer, Mr. Moran, and Mr. Doney. Absenting himself from the vote was Mr. Stein. COMMITTEE REPORTS: (a) Codes & Ordinances: Report on proposed amendments to the Sign and Encroachment Ordinances. Mrs. Benson MOVED that "the matter be referred to the Codes & Ordinances Committee for further study." Mr. Hildreth seconded the motion. The motion CARRIED unanimously. (b) Community Facilities & Services: Progress report on Morse Chain request to purchase part of Lehigh Valley Railroad right-of-way. The Committee met with Morse Chain, the City Engineer and the Planning Staff to discuss aspects of the proposed transaction, and as a result recommended the following resolution: "That the Ithaca City Planning Board has no objections to the proposed sale by the Lehigh Valley R.R. Co. , of that portion of its Right-of-Way, between the Morse Chain Co. Plant on S. Aurora St./Danby Rd. and Stone. Quarry Rd. , lying in the City of Ithaca, to the Morse Chain Co. The Board requests, however, that Morse Chain Co. notify the City of Ithaca in advance of any future action contemplated by the Company which might change the use of this property from rail access, limit its accessibility to pedestrians or cyclists, or which might affect the drainage characteristics of the property, particu- larly in view of the City Bikeways Study's designation of the Right-of-Way as a potential bike route serving area recreation and transportation needs, the present informal use of the Right-of-Way for access to Buttermilk Falls from South Hill, and of the drainage problems experienced in this area in the past. Matters of liability and responsibility should be discussed in con- junction with discussions on proposed developments." M : .S Kiri MOVED that "the resolution be approved." Mr. Moran seconded the motion. The motion CARRIED unanimously. -3- -4- motion. The motion CARRIED unanimously. OLD BUSINESS: (a) Waterways Study Progress Report: Mr. Van Cort reported that the city's application for funding for the study was approved. (b) Mr. Van Cort reported that the Common Council has approved an applica- tion to the Appalachia Regional Commission for funds for study of the National Junior Olympics in Ithaca. The application has now been submitted. Mr. Van Cort noted for the record that he had gotten approval for this study from each member of the Pl. & Dev. Board by telephone. NEW BUSINESS: Mrs. Meyer introduced a suggestion that the Pl. & Dev. Director provide the Board at each Regular meeting with a summary of the activities of the P1. & Dev. Dept. After some discussion, Mr. Stein recommended that such a plan be tried at the end of the December meeting. MISCELLANEOUS: (a) It was noted that Mrs. Meyer had received acknowledgement from New York State Department of Transportation regarding the Board's concern for consideration of the aesthetic character of the proposed bridge crossing Cayuga Inlet. (b) A time was set for a Codes & Ordinances Committee meeting. ADJOURNMENT: The meeting was adjourned at 9:15 P.M. Resp ctfully submitted, H. Matthys Van Cort, Director Planning & Development 12.12.75