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HomeMy WebLinkAboutMN-PDB-1978-07-26 MINUTES PLANNING AND DEVELOPMENT BOARD July 26, 1978, Common Council Chambers, 7:30 P.M. PRESENT: Vice Chairman, Dave Fuller, R. Bordoni , M. Crowley, C. Cleveland, R. Hildreth D. Minks, A. Albanese, M. Parkherst, J. Bernstein, M. Long, J. Meigs, T. Hoard, S. Karr, C. F. Miller, R, Marion, and Members of the Press. 1 . The meeting was called to order by the Vice Chairman, Dave Fuller. 2. Ms. Crowley MOVED to approve the minutes of the June 27, 1978 meeting. Mr. Cleveland SECONDED. Minutes approved. 3. SPECIAL ORDER OF BUSINESS: None 4. CHAIRPERSON'S REPORT: None 5. . ZONING CASES: APPEAL 1212: Appeal of William Lower for a use variance under Section 30.25, Columns 2 and 3 (permitted primary and accessory uses) to permit construction and use of a warehouse building at 443-463 Floral Avenue. Warehouses are not per- mitted ermitted primary or accessory use in .the R-3A (residential ) use district in which the property is located. Staff recommendation was to deny the appeal on the grounds that the area is more appropriate for residential use for which it is zoned and which is recommended in the City's General Plan. The proposed warehouse would be inappropriate and detrimental to neighborhood quality, both present and future. After a brief discussion, Mr. Cleveland MOVED to deny the variance. Mr. Hildreth SECONDED. Unanimously CARRIED. APPEAL 1213: Appeal of David and Louise Minks for an area variance under Section 30.25, Columns 4, 7, 11 and 12 (off-street parking requirements, minimum requirements for width at street line, and minimum required front and side yards) to permit conversion of a single- family house at 207 West Court Street to a two-family house, in an R-3a (residential) use district. The property has no off-street parking, and is deficient - in the required frontage, front yard and side yard. Staff recommendation is to DENY the variance based on significant nonconformi- ties which would detract from neighborhood character and not lead to conformance P & D Minutes 26 July 1978 Page 2. with the objectives of the General Plan for safe, clean, and attractive residential areas. Mr. Minks advised the Board that the building is structurally sound, although fire-damaged earlier this year. He is willing to comply with any recommenda- tions the Board makes, as well as all code requirements. He advised us that the home apparently had been used as a two-family dwelling because it had two separate kitchens-and two separate bathrooms. Mr. Cleveland MOVED to grant the variance. Ms. Crowley SECONDED. Unanimously CARRIED. APPEAL 1214: Appeal of Anthony J. Albanese for a use variance under Section 30.25, Column 2 (permit- ted primary uses) to permit the enlargement of Clever Hans Bakery in the building at 102 Adams Street. The property is located in an R-2b (resi- dential ) use district; the bakery is operating under an existing use variance. Staff recommends approval of the variance based on the fact that the expansion would not be visible from the outside. Mr. Bernstein presented a drawing of the proposed plan for enlargement of the working area. Mr. Bernstein also showed the Board drawings of a proposal for an outdoor cafe to be located in front of the Clever Hans. Bakery. Mr. Van Cort felt that the Board could make a decision on the concept of the drawings for a sidewalk cafe but any altera- t1on of the outside of the building would have to be approved by the Land- marks Preservation Commission, as the, building is a locally designated land- mark. He stated further that the cafe proposal would need to be readvertized before going to the BZA. Mr. Bernstein hopes to present his design to the ILPC at their next meeting on August 14, 1978. Mr. Bordoni MOVED to recommend in favor of the variance for expansion and approve the concept of a sidewalk cafe. Ms. Crowley SECONDED. Unanimously CARRIED. APPEAL 1215: Appeal of Norman C. Long for an area variance under Section 30.25, Columns. 4, 61 10, 11 and 14 (required off-street parking, minimum lot size, maximum lot coverage by buildings, mini- mum front yard, and minimum rear yard) to permit expansion and enclosure of a rear porch, connec- tion of the main building and an accessory struc- ture, and addition of a carport at 208 Stewart Avenue. The property is located in an R-3a (residential) use district, and is legal non-conforming as it now exits; the proposed work will increase the living space in the building, increase the lot coverage, and reduce the rear yard depth. Staff recommendation is to DENY the variance. This recommendation is based on the change in circumstances which were noted since the last Planning and Develop- ment Board recommendation on this property, which included seeming disregard for P & D Minutes 26 July 1978 Page 3. code regulations at the property. With the addition of a bathroom in the accessory building, it could be used as an apartment, which would cause greater density with problems such as parking in an already-crowded neigh- borhood. Mrs. Long indicated that their intent was to use the accessory building as a den, not an apartment. Mr. Bordoni MOVED to recommend the variance provided the accessory building is used as a den, guest room only. Ms. Crowley SECONDED. Mr. Bordoni stated that owner occupancy usually helps preserve neighborhoods. Unanimously CARRIED. APPEAL 1216: Appeal of Philip Kaplan for an area variance under Section 30.25, Column_ 4 (off-street parking) to permit the issuance of a Certificate of Occupancy for the property at 211 Williams Street. All but two of the required five off-street parking spaces have been leased to an adjacent property owner, rend- ering the property deficient in required off- street parking. The property is located in an R-3a (residential) use district. Staff recommendation is to DENY the variance based on the fact that the appli- cant has not exhausted all other remedies to the situation. Connie Miller, attorney for the applicant, stated that when the property was sold to Mr. Kap- lan in 1973, that 3 of the parking spaces were leased for 99 years ;back to the:' seller for ;9.9. years ,pursuant-to a verbal purchase agreement. She stated that at the time, the property met the code regulations, but since the code has been revised, the building no longer meets the requirement for parking.. "Grandfather Rights" exist in this type of situation. It is Mr. Kaplan's position that be- cause of "Grandfather Rights" he be granted the variance. After along discussion, Mr. Cleveland MOVED to recommend approval of the variance. Ms. Crowley SECONDED. The vote was called, with results as follows: PASSED. Aye: Cleveland, Crowley, Hildreth, Fuller Nay: Bordoni 6. COMMUNICATIONS: NONE 7. COMMITTEE REPORTS: General . Plan and Capital Improvements - Mr. Van Cort explained that the General Plan and Capital Improvement Committee had met and P & D. Minutes 26 July 1978 Page 4. ;Discussed the rep_®r : suami'ti,e:J"by Carriero Design, and the committee had recommended that Chairman Stein meet with Supt. Dingman. Pursuant to that recommendation, Mr. Stein and Ms. Townsend of the Department met with City Engineer, Phil Cox, since Supt. Dingman is on vacation. It was explained that the City Traffic Engineer and representatives of Carriero Design had met on a number of occasions and had been able to. reach agreement on most issues, with the exception of the points explained below: A. Elimination of "No Standing" signs at intersections where there is "necking down". There is agreement among the Planning and Development Board and Staff, Carreiro Design, and the project architect that the street design should eliminate the need for signage in these areas. If this does not prove to be the case, of course, the signs could be installed after a trial period without them. B. Substitution of smaller-scale signs, preferably decals, for the large "Truck Loading" signs which were mounted on parking meter poles. You have a schema- tic design prepared by planning staff of a 3" x 10" decal which would com- bine a size double the length of the meter decals now in use, with a two-color design and use of the .international "No Parking" symbol . This is one poss- ible compromise between large standard signs and the present 3" x 5" size decals. C. Aggregation of some kinds of :information which have previously been con- veyed on two sign panels on a single panel instead. Specific locations where this could be done must be determined. p. Elimination of some one-way arrow signs, particularly: 1. Those facing against one-way traffic and visible only to pedestrians and to motorists traveling the wrong way down a one way street and attempting to turn the wrong way up another street; 2. Those on Cayuga Street opposite the fire lane on the Commons. Mr. Bordoni suggested that the placing of all regulatory signs at a uniform height would further help reduce clutter. Mr. Van Cort agreed and said he would refer this to Mr. Cox. The Peripheral Streets have been designated a special area subject to special treatment whose objective, among others, is to improve the appearance of the streetscape. Since there are presently over 80 street signs in the three-block, first phase of the project, signage clearly has a major visual impact on the area. It is felt that whatever can be done to carry out the recommendations above, consistent with safety and clarity, would enhance the overall project. The Capital Improvements Committee of the Planning and Development Board, which was given power to act on these recommendations by the Board, approved them at its meeting July 12, 1978, and asked that an implementation plan be P & D Minutes 26 July 1978 Page 5. developed in conjunction with the city .engineer. E. Ithaca Gas Works - Summary: Committee members recommended designation of the Gas Works as a local landmark. Although a majority of members were not present at the meeting, those attending felt the recommendation should be brought to the Planning and Development Board for approval . Mr. Bordoni said that because he was on vacation and did not have adequate time to read over the information provided on the Gas Works, he would abstain. Ms. Crowley MOVED to recommend to Council that the Ithaca Gas Works be designated local landmark. Mr. Hildreth SECONDED. The vote was called, with results as follows: Aye: Cleveland, Crowley, Hildreth, Fuller Nay: None Abstentions: Mr. Bordoni 8. OLD BUSINESS: A. Wild Flower Preserve Steve Karr presented a revised design of the Wild Flower Preserve parking area. After consulting with city engineers:, changes were made: specifically, the stream was redirected. City engineers did not feel this was a problem to accomplish. Dave Fuller suggested that if the Board was satisfied with the design that a motion should be made to pass the design on to Council . Mr. Bordoni MOVED to forward the design to Common Council so that they may consider this for a capital project. Mr. Cleveland SECONDED. Unanimously CARRIED. 9. NEW BUSINESS: Although not on the agenda, Mr. Robert Marion requested that he be able to show the Planning and Development Board a proposal for a new industrial subdivision in the Commercial Street area. Mr. Van Cort advised the members that they did not have to receive Mr. Marion-'s proposal for consideration, as it was not on the agenda, but it was up to the Board ' what they wanted to do. The Board chose to hear his proposal . Mr. Marion told the Board he wished to develop a side of 31 .2 acres, and requested approval of a subdivision for this site. He has a buyer for the first acre. He showed the Board a proposed sketch as to how the property would be divided. Mr. Van Cort advised the Board that under State Law, in requests for approval of subdivision, the Planning and Development Board has the final approval power. -Mr. Van Cort felt that the Planning and Development Board could look over the drawings in committee (General Plan and Capital Improvements) more thoroughly and meet with Mr. Marion to work out more details. The Board could give their preliminary approval of the proposed subdivision. P & D Minutes 26 July 197 Page 6 Mr. Cleveland MOVED to recommend preliminary approval of the subdivision. Mr. Bordoni SECONDED. Unanimously CARRIED. The meeting was adjourned at 10:20 p.m.