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HomeMy WebLinkAboutMN-PDB-1976-07-27 --)ARD OF .PLANNING- AND. DEVELOPM..ENT MINUTES - CITY OF ITHACA Regular Meeting, July 27,. 1976 Present: D. Fuller, R. Hildreth, N. Meyer, R. Moran, S. Stein Also. E. Mulholland, P. Carlson, 1M. Carlson, Dep. Bldg. Cmsnr. E. Jones, S. Cohen, R. J. McDougall, J. Crowley, R. Hemming, Dir. of Ping. H. 141. Van Cort, Plnr. J. 13eigs, C. Anagnost, J. Palmer, F. Hoard, Mrs. Laube Absent.- L. Benson, P. Saggese (resigned) In the absence of the Chairperson, Mr. Stein opened the meeting. "Jr. Fuller MOVED approval of the minutes of the last regular meeting and the special meeting of July 9. Mr. .Moran seconded. The minutes were unanimously approved. The Director' s report was waived so that numerous citizens who had come to request a zoning change could speak. Mrs. Florence Hoard of . 14 Cornell Street, President of the Bryant Park Civic Association, said she was interested in maintaining her neighborhood -- the area around East State Street going out Route 79 -- as an area for single-family residences only. She is concerned about the recent sale of homes in that area for use as ltiple dwellings. She mentioned that there was insufficient parking for znat kind of use, and that homes from Mitchell Street down which were multiple dwellings were badly cared for, that garbage cans were left outside of houses and tha`: residents and visitors parked on the sidewalks. Mrs. Laube of 100 ,Tater Street noted that parking in that area was a problem, and that cars were sometimes left for days in the same spot. Mr. John Crowley of 965 East State Street agreed that parking was a problem, but felt that zoning was even more of a problem. He said that since parking on East State Street below Mitchell had been abolished, traffic was roving along East State at much faster speeds. He felt that faster-moving traffic lowered the value of property in that area, and was in favor of reinstating parking on East State. Janice Palmer, a realtor residing at 969 East State Street, noted that families buy houses in that neighborhood because they want to live in a quiet area. She was concerned that changes were being made without getting neighborhood inputf and that opportunistic landlords were aware of changes before the neighborhood people were. She stated that there has been a change in the zoning definition of a - family, and that a family residing in an R-2 zone could have as many as four roomers. She wondered how the City plans to police this rev.- sir-n. Ms. k4eyer noted that the definition of a family was carefully considers? and was taken to public foru;.n be-:`::)-e it was revised. Mr. Hemming of 807 Mitchell Street, a former president of the Bryant Park Civic Association, stated that it has been established in Supreme Court that a more stringent 1 2 definition of family is legal. Ms. Palme''r noted that Van Natta's Dam and the city watershed attracted.. more students to the area. The Board decided to move to item 7 on the agenda, a recommendation on zoning change in the area bordering upper East S,Tate Street. Mr. Meigs reported on the meeting of the Codes and Ordinances Committee dealing with this issue, there was .not a quorum present, so the recommendation was unofficial. There were staff recommendations to the Board, however dealing with zoning change, in the portion of the city beginning at 8317 East State Street (at the intersection of Mitchell) to the city line. This includes mostly R-2 zoning with e small section zoned R-3. The staff study dealt primarily with land use and traffic. Each property was reviewed and it was found that in the study area, approximately 12% of properties would be nonconforming as to use if the area were re-zoned R-1, whereas only a handful are nonconforming in R-2. Lot size was often a problem. Many of the properties lack the 25-foot front yard setback required in R-1 and Rig zones. many do not have the required side yards. Most properties do 'lhave at least some off-street park- ing. ?:r. Meigs noted that there is a threat to the character of the area stemming from changes in the 1974 zoning ordinance. There has been a trend in the last few years toward multiple dwellings and cooperatives. Resulting problems include those of increased and faster-moving traffic, parking, and increased recreational use of Six Mile Cneek gorge. This might be ameliorated by zoning part or all of this area R-1. The following recommendations were made as result of the study- 1) That the area currently zoned R-2 along fast Slate Street;, including all , R-2 zoned land between this portion of State and Six Mile Creek, as shown on the current zoning map, be rezoned R-1. 2) That because of the extensive nonconformities with the present zoning regulations which will be caused by this action, the planning staff, with the incoming Building Commissioner, be directed to undertake a thorough study of residential zoning in the city, I''and to present such study together with recommendations as to the most logical and desirable residential zoning classifications and regulations arising herefrom, to the Board of Planning and Development at its January 1977 meeting. Mr. Stein noted that legal process must be followed and that any zoning change must go through Council . He stated that the Planning and Development Board ' would make a recommendation to Council. Council must then call a public hearing; after such a hearing the Planning and Development Board could act , on this recommendation. He noted that tv�o blocks from Mitchell Street to State which are zoned R-3 would not be affected by this proposed rezoning. Ms. Meyer 114OVED that the committee 's rec 'mmendations, listed above, be put into effect, and that a study be underta an. Mr. Fuller seconded. Yls. Meyer noted that in creating zoning size of lot was used as a measure for zoning requirements. In discussion, ��`br. Van Cort noted that a zoning change is often a mixed blessing. As a result of rezoning it may be difficult to make 3 - changes on property such as adding garages, etc. , requiring variances where ey would not have been..needed be-fore-.__ _.Mr_ -Fuller noted that the change uld not be retroactivei, were it enacted° all existing permitted uses which some residents currently considered objectionable would continue in objection- able usage. ^.r. Crowley asked whether zoning took traffic control into consideration. Pyr. Stein informed him that the BPW would be taking care of this problem. Mr. Crowley asked if current property uses could be continued under changed zoning, even if they were not in compliance with the revised zoning. Mr. Van Cort informed him that they could, unless the particular use was discontinued for 12 months, and that the right to remain nonconforming goes along with the sale of the property. res. Meyer suggested that when this goes into study the Board should reconsider the amount of land needed for various zones. She noted that comparable lifestyles can exist on large or small lots. Mr. Stein said he was troubled about the resident vs. student issue which appears to be raised here, and stated he did not feel this was the real issues rather, it is one of the desired use and appearance of residential neighbor- hoods eighborhoods in support of a certain life style. He noted that R-3 zones constitute one third of available rental housing, and that similar questions face many . other residential neighborhoods in the city. Mr. Anagnost said he would like to see some kind of enforcement in R-3 zones to make them more like R-2 and R-1 zones. He felt that many landlords were at fault in the deterioration of neighborhoods with high rates of student housing, and that deterioration did not necessarily result from student tenancy. The motion CARRIED unanimously, with Mr. Stein voting. 'SING: a. Appeal #1124 : Request for Use Variance to allow the continuation 'of a real estate office at 412-414 North Tioga Street in an R-3 zone. The greater part of the building in question was originally granted a variance in 1961 to be used as offices for several orthodontists. There was one apart- ment on the second floor of the building which was installed for the owner's mother. The apartment has illegally been converted into a real estate office, and that change was questioned by the Building Commissioner' s office. The owner' s lawyer stated that the owner had taken good care of the property he owns in the area, and that the building itself is very obviously a commercial building. He feels that using the 2nd floor as an apartment is not really in keeping with the character of the building. other buildings on the street are being used as professional and realty offices as well, and there is adequate parking, provided by the owner' s 75-space parking lot adjacent to the building. The attorney also claimed that when the variance was granted in 1961, they were under the impression that the space in which the apartment was located was also eligible for commercial use under the variance. Mr. rneigs, pointed our t1iat the original variance reques-..ed was for professional offices and an apartment, and doubtless was approved for those uses. For. Stein reminded the Planning and Development Board that 'the Board' s 7 4 recommendation to the BZA was to be based on planning, rather than legal, — judgments. P1r. Van Cort stated that singe the _second floor had originally been used as an apartment, it would still be useful as an apartment. He . noted that the owner's wide expanse of parking spaces was not what the Planning Department has in mind for thatjresidential neighborhood. He said that .in principle, the request should not be granted, and that the Planning and Development Board had recently recommended denial of a similar request and reaffirmed the area' s R-3 zoning° but the building is so obviously commercial in appearance. He stated tha the staff was divided on its recommendation. ; s. Meyer noted that this was not the same issue as taking a house and converting it into a commercial facility, because the building is in fact designed to be commercial. In response to a question by Pero Fuller,, the owner stated that the apartment occupied approximately one quarter of th� building. He stated that the space has at times been used to house the ??tlntic Dental Company as well. He further noted that there would be no external change to the building. "fir. Ploran MOVED that the Planning and Development Board recommend approval to the BZA. Pis. Meyer seconded. A vote was called, and the motion CARRIED unanimously. b. Appeal #1126 - Re uest for Use Varianlle to allow a restaurant and lounge PP �€ g in a P-1 zone at 130 Maple Ave. The proposed restaurant would be constructed in the old East Ithaca railroad station on Plaple Avenue. Mir. Van Cort slated that the staff thought the idea reasonable, but the application was not very specific regarding size, usage, plans for parking and other details that would affect the Planning and Development Board's decision. Mr. Moran PROVED to table the proposal in the absence of the needed information. Mr. Fuller seconded. A vote was called and the motion CARRIED unanimously. In response to Mr. STein's query, Mr. �7on s noted that tabling this appeal would mean it could not be acted on until the B?A' s September meeting. OLD BUSINESS t Auburn Park. Mr. Van Cort noted that the BOR will .provide matching funds for the completion of this project. He n ted that the city is considering, re-opening Adams Street, but expressed re ervations as to whether this would allow a good test of the park' s use for r creational purposes. Ms. Peyer stated that at a recent Fall Creek Neighb rhood Association meeting, several neighbors felt their needs were not being considered in the City' s plans for Auburn Park. She felt the Planning and D velopment Department should contact the neighborhood people through the neigh' orrnod Association, and let them know when t3ie park will be completed. P-zr , Van Cort noted that timing has been unfortunate in the progress of the p rk' s development; the DPW was ready to-move with construction immediateLy but was forced to wait for the W 5 - federal government toapprovea grant for matching funds, so theearlystreet using was premature in a sense, and jeopardized tha....pro ec-t�. "Rs. Meyer ggested that the next Planning Board meeting he held in Fall Creek. 11-r. Van Cort agreed to take this uta with the Chairperson. ATr. Stein noted that Mr. Albanese has requested tete re--opening of the street, and the BPTAI is planning to do this on July 28. He stated that the Planning and Development Board and the Board of Public Works tried to be responsive to the neighbors, and that the neighbors were now fighting amongst themselves, with the Boards caught in the middle. He asked if the City would lose BOR funds if the street were re-opened. Mr. Van Cort replied that no funding would be lost. Bikeways Progress Report. Mr. Van Cort reported that the Bikeway is being designed to go from Stewart Park, through the Octopus, to Cass Park, to Treman Park, where it can link up to a State Parks Department planned bikeway , to Taughannock Par'r. There is an extension following Cascadilla Creek into, the heart of a residential area. The department is working on the details of the route, trying to avoid conflicts with auto traffic. sir. Cohen, the project designer, reported that what was being planned was more of a bike route than a bikeway, i.e. , a system of signs through residential streets leading to parks. The Planning Department will price out the necessary improvements, and go to Council if it is necessary to request anything above the $5 ,000 budgeted, but the City could actually now begin to put up the signs without appeali-aq to Council for .funds. TNEW BUSINESS .following resolution was MOVFn by Ms. Meyer and seconded by Mr. Uoran WHERE-AS, Judith S. Benedict has worked in the Department of Planning and Development from July 22, 1974 to July 23 , 1976, and WH-RF'AS , she has carried out the responsibilities of her position with intelligence, dedication, versatility and perseverance, and WHEREAS , she has resigned her position effective August 6 , 1976, NOW THEREFORE BE IT RE'SOLVFD that the Planning and Development Board hereby expresses its regret at ,1fs, Benedict` s resignation, thanks her for her service to the city, and wishes her well in her future endeavors. Ms. :Meyer noted that the Board was lucky to have had her on its staff, and that she had done an outstanding job. The resolution was CARRIED unanimously. "Mr. Van Cort stated that the Board and staff had gone through an extensive search, and proposed the following resolution: RESOLVED, that the provisional appointimnnt of Bickley Townsend to the position of Planner II in the Department of Planning and Development at a minimum annual salary of $11,564 be approved effective August 9 , 1976. 6 - The resolution was MOVED by P11r. .Moran and seconded by .Ms. Mleyer. r1r. Van Cort explained that the opening had drawn over J140 appl<icantts­for the position which was advertised in the Ithaca Journal, as well as in a national profession- al magazine. Approximately ten persons were interviewed by the staff and several Board members. Ylr. Stein noted that the selection was made essentially by the staff, with comments from some Board members. He stated that it was understood .from the beginning of the selection process that this would be a staff decision. He pointed out that the DPW and the BP<< also work in this manner. Mgr. Fuller thanked Mir. Van Cart for including the Board members in the decision-making process. A vote was called and the motion CARRIED unanimously. It was noted for those not present at the Special Meeting, or otherwise informed, that Mir. Saggese had resigned from he Board due to the pressure of other commitments;, and would be missed. It was hoped that a replacement would soon be appointed. lir. Moran moved to adjourn the meeting at 9 :20. i