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HomeMy WebLinkAboutMN-PDB-1978-09-26 MINUTES PLANNING AND DEVELOPMENT BOARD September 26, 1978 PRESENT: Stuart Stein, Ray Bordoni , Dave Fuller, Richard Moran and Clarence Cleveland ALSO: Tom Hoard H. Matthys Van Cort, Stan Goldberg, Charles Curry, Jon Metzger, John Dieters-Hagen, Fred Martin, Peter Levatich, Michael Bottge, John Taylor and members of the press.. z 1 . The meeting was called to order ,by Chairman Stein, at 7:40 p.m. 2. Mr. Moran MOVED to approve the minutes of the August 29, 1978 meeting Mr. Bordoni SECONDED. Unanimously CARRIED. 3. SPECIAL ORDER OF BUSINESS: None 4. CHAIRMAN''S REPORT: None 5. ZONING CASES: APPEAL 1226: Appeal of Nancy E. Falconer for an area variance under Section 30.25, Columns 4, 6, 10, 11 , 13 and 14 (required off-street parking, minimum lot size, maximum lot coverage permitted, and minimum front, side and rear yards) to permit continued use and occupancy of the property at 316 South Aurora Street as a two-family dwelling. The property which Ts located in an R-3b (residential ) use district, has been altered, increasing the total number of bedrooms from six to eight, and the property is deficient in required off-street parking, the maximum permitted lot coverage is exceeded and the front side and rear 'yards are deficient. The present structure is illegal and non-conforming. Staff recommendation is to DENY, based on the fact that it could exacerbate the area's parking problem and alterations were made to the structure without consent of the building department. Mr. Cleveland MOVED to recommend that the variance be DENIED. Mr. Moran SECONDED.. Unanimously carried. P & D MINUTES September 26, 1978 Page 2. APPEAL 1227: Appeal of Mary E. Watt for an area variance under Section 30.25, Columns 13 and 14 (required side yard and rear yarddepth) to permit conversion of the carriage house at 406 N. Cayuga Street to a two-bedroom apartment for family use. The property is located in a R-3a (residential use dis- trict, and the carriage house is built against the rear lot line and one side lot line. Property is in the city's DeWitt Park. Historic District and the proposal should be reviewed by the Ithaca Landmarks Preservation Commission. Staff recommendation is to APPROVE the variance as it is in keeping with planning objectives. The proposed conversion would result in a minimal increase in density, within allowed limits; promote and strengthen residential use in the central area; and probably serve historic preservation goals by adap- tive use and fiscal contribution to property maintenance. Mr. Moran questioned the parking situation in the area. Ms. Watt stated that there was ample parking space available on the property. Mr. Moran MOVED to recommend approval of the variance. Mr. Cleveland SECONDED. Unanimously carried. APPEAL 1228: Appeal of Fred A. Martin and Dieters-Hagan, Schaufler and Company for a use and area variance under Section 30.25, Columns 2, 4, 6, 10, 11 , 12 and 14 (per- mitted uses., required off-street parking, minimum lot size,_ maximum lot coverage, minimum side yard and minimum rear yard) to permit use of the property at 329-331 North Geneva Street as a business and professional office. The property is located in an R-3a (residential ) use district, in which a business and professional office is not a per- mitted use; and the property is deficient in required off- street parking; minimum lot size, maximum lot coverage is exceeded, and the front, side and rear yards are deficient. Charles Curry, lawyer, was present to represent Mr. John Dieters-Hagen, CPA, and Fred Martin, Versatile .Food Management. -Mr. Curry's clients have a purchase offer on the property known as 329-331 North Geneva Street, con- . tingent upon the granting of a use variance. Present use of the property is for rental residential . The general character of the neighborhood is residential . Mr. Curry asked Mr. Jon Metzger, V.P. of Giordano Construc- tion to explain the planned renovations of the property. Mr. Metzger stated that the main concern was for the. roof, which is leaking, and the rear sec- tion of the building, which needs a good deal of masonry repair. It was his opinion that 18 months of useful life remain in the building unless ex- tensive repairs are made. Renovations would include dividing the building in half internally so that two commercial businesses could locate in the building. Mr. Fuller questioned the parking situation in the area. Mr. Curry explained that with the present structure being used as a rental approximately 9 parking spaces were needed. With the proposed commercial use of the building, parking spaces needed for regular employees would -be 7. P & D MINUTES September 26, 1978 Page 3. He further explained that the parking problem existed during the evening hours and with commercial use of the building, the business hours and being 9 to 5, there would not be=.a need for parking spaces in the evening. Mr. Dieters-Hagen explained the cash flow based on the structure being used as a commercial enterprise. Mr. Cleveland expressed his concern over the deterioration of the building. Mr. Bordoni stated that the proposed use of the building is against the spirit of the zoning ordinance and that he would like to MOVE to recommend DENIAL of the variance. Mr. Fuller SECONDED. The chairman asked if there was any further discussion. Mr. Bordoni asked what the Building Department could do if the structure wasin need of re- pairs, such as the leaking roof and hazardous condition of the masonry on the rear of the building. Mr. Hoard informedmembersof the Board that the owner would be issued a violation notice to correct the deficiencies. Mr. Van Cort stated that staff recommendation was to DENY the variance based on existing nonconformities which would be intensified by proposed use, to the detriment of the neighborhood which is basically residential . A vote was called: Aye: Bordon.i , Moran, Fuller, Stein Nay: Cleveland APPEAL 1229: Appeal of S & M Company for an area variance under Section 30.25 of the Zoning Ordinance. The appellants are submitting four proposals for con- sideration: Four of these proposals will require variances from Col . 4 (off-street, parking require- ments) ; two of which will require variances from Col . 10 (Maximum lot coverage permitted) in addition to the park- ing variance, and one will also require an interpretation or use variance of Col 14 (required rear yard depth) . The variances are necessary to permit construction of a two- story office building at 312-314 N. Aurora Street and 315 N. Tioga Street in a B-1 business use district. Mr. Van Cort explained each of the 4 proposals presented to the Board. Mr. Goldberg further explained that the reason for 4 proposals was that BZA Chairman Martin suggested that Mr. Goldberg present several proposals for the office building which S & M Company proposes to build at 312-314 N. Aurora, in order to save time arriving at an acceptable solution. The proposed tenant is a state office which wants to be located in the down- town area. The entire block is zoned for office use. The buildings on the property are not in good condition. Although they are in the federally- designated historic district, approval to tear down the structure is not necessary because it is not a locally-designated landmark. P & D MINUTES September 26, 1978 page 4. Staff recommendations on the previous proposals indicated a concern for parking. Rev. Taylor came forward to speak on behalf of appellant. He stated that 172 parking spaces were vacant in the parking garage when he counted them personally, on his way to work one morning. After some dis- cussion, Mr. Stein stated that he felt that the Board should decide on one scheme which they felt would be most appropriate to recommend to the BZA. He recommended that the Board approve the variance for parking and accept the proposals in a general nature. Mr. Bordoni stated that the parking in the garage was meant for B-3 zoning and allowing this space to be used for B-1 purposes takes away the B-3 parking spaces. Parking is a problem. As further discussion still did not help the Board to de- cide on one scheme, Mr. Moran MOVED to recommend approval of the variances with preferences of three members of the Board for Scheme A2, one member for Scheme Al , and one member for B1 . Mr. Bordoni SECONDED. Carried Unanimously. 6. COMMUNICATIONS: None 7. COMMITTEE REPORTS: None 8. OLD BUSINESS: UFAIR: Garage de France -- Preliminary Sub-division Approval Mr, Van Cort pointed out the area referred to. Mr. Levatich, Architect, described the proposed plans to the board. He further explained that trees would be planted between the street and the display area, a distance of 20 feet, A repair center will be built behind the display building. A new area of preload will be necessary for this. The Planning and Development Department has no objection <to additional preload on the site. Mr. Van Cort explained that it would be appropriate at this time to approve the preliminary subdivision plans. Mr. Stein asked what time schedule, if any, was involved. Mr. Levatich stated that the lease for the present building will expire in February and the builders are looking for a fall groundbreaking. Mr. Stein explained that all procedures must be accomplished before the groundbreaking can be set. This would include a public hearing. Mr. Bordoni MOVED to approve the preliminary subdivision plans. Mr. Moran SECONDED, Unanimously CARRIED, Mr, Stein said that if a meeting were necessary because of the time limit involved, the board members would be willing to have a special meeting. UFAIR STATUS REPORT: A meeting was called by Mr. Van Cort during the week of September 18, attended by UFAIR developers and the Environmental Commission, to publicize the UFAIR project and discuss the Environmental Impact Statement. Mr., Van Cort reiterated that the lead department, P & D MINUTES September 26, 1978 Page 5. Planning and Development, has the authority to review the EIS. UFAIR developers have numerous measures to mitigate negative environmental impact suggested by the Planning and Development staff. Approval of the subdivision rests on the developers complying with suggested changes. Proposals incorporating changes must be presented to the Planning Board for approval. Mr. Bordoni stated that a lot of bad press resulted from the decision on UFAIR. He further stated that the people involved had a job to do, and the bad press which resulted from them doing their job was not necessary. Mr. Stein further agreed that a lot of time was spent on making the decision which responsibility rested with the Director of Planning and Development. Mr. Van Cort said he had received a letter from Pat Carlson asking that the Environmental Commission be included in future EIS preparation. He further explained that the Planh ng +and Development Department and the Environmental Commission have many objectives in common including protecting the downtown, helping local businesses, and creating jobs for people in the community. WILLETS PLACE. -At the August 29,' 1928:°Planning Board-Meeting the parking problem at #1 Willets Place was referred to the Planning and Development Department for a solution. Mr. Bottge, of the Planning and .Development Department, met with the parties involved. He explained that Ithaca College has agreed to allow parking on their property and no parking would be allowed on the uphill side because it is a fire lane. Everyone is happy with the solution. 9. NEW-BUSINESS: HILLVIEW PARK: Mr. Van Cort asked that members approve a subdivision and variance approval for the Park. He explained that the area for the park is being split from a larger piece of land and sold to the city. In order to sell the property to the city, the land must be subdivided. Mr. Bordoni questioned giving approval before the variance is granted. Mr. Van Cort explained that approval can be given for the subdivision and the variance granted at a later date. Y�r W Mr. Fuller MOVED to approve the subdivision for Hillview Park. Mr. Moran �,�''� SECONDED. Unanimously CARRIED. The meeting adjourned at 10:15 p.m.