HomeMy WebLinkAboutMN-PDB-1978-11-28 MINUTES
PLANNING AND DEVELOPMENT BOARD
NOVEMBER 28, 1978
PRESENT: Stuart Stein, Rexford Hildreth, Ray Bordoni , Rich Moran
Dave Fuller
ALSO: H. M. Van Cort, Alex Turner, Robert Leathers, Mr. & Mrs.
Leonard Miscall , Eugene ;Oattaglini , Joseph Sacchi ,
Leo Georgiou, William Lower, Dirk Galbraith, Bernard
Carpenter, Ken Reeves, Dav:,Mr°Sauer-—
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 October 31 , 1978 meeting
of the Planning Board. Mr. Bordoni SECONDED. Motion CARRIED.
3. SPECIAL ORDER OF BUSINESS: None
4. CHAIRMAN'S REPORT: None
5. ZONING CASES:
APPEAL 1223: This appeal was not heard by BZA, pending resolution of
parking and fire zone concerns. These matters have been settled to the
satisfaction of neighbors and the Fire Department, and no further
planning action is required.
Mr. Bordoni. MOVED to reaffirm the Planning and Development Board's decision
to approve on August 29, 1978. Mr. Moran SECONDED. Motion CARRIED.
APPEAL 1231 and 1236: Were not heard by BZA in November, but no further
planning action is required.
Mr. Bordoni MOVED to reaffirm the Planning and Development Board's decision
to DENY appeal 1231 and APPROVE appeal 1236.. Mr. Hildreth SECONDED. Motion
CARRIED.
APPEAL 1238: Area variance to side yard setback to permit construction
of a handicapped access ramp for Family and Children's Service, at
204 N. Cayuga Street, in a B-1 Zone.
Mr. and,,'.Mrs® Leonard Miscall , representing adjacent property owners, were
concerned about the dry well which was being constructed for drainage of the
handicapped ramp and the cover over the ramp that would extend close to
their property. With all the water directed close to their building, they
PLANNING AND DEVELOPMENT Page 2
did not want to end up with a wet basement. With the ramp between the two
build.i.ngs, they were very concerned about the fire hazard created by
blocking the entry.
Mr. Leathers, architect for the project, stated that the plans had been
approved by the ILPC and the ramp was necessary for several who use the
building. The location of the ramp was reviewed, with its present location
bei.ng the only alternative.
Staff recommendation is to approve as it is a necessary structure and cannot
be located elsewhere.
Mr. Bordoni MOVED to recommend approval and offered the assistance of the
Planning and Development Department to help resolve the differences between
the parties concerned. Mr. Moran SECONDED. Motion CARRIED.
APPEAL 1239: Use variance to permit premises at 602 Hudson Street
to be used as a board house for elderly adults, rather than its current
use as a domiciliary care facility.
Mr. Battaglini , Administrator of Oak Hill Manor, stated that there is a
slight difference in operational terms: but no physical changes were to be
made. He further stated that there were 16 residents in the home and several
have mentioned that getting out of the driveway is very difficult because
of how it is situated. He has approached the DPW about the problem but
nothing has been done. Mr. Sacchi and Mr. Georgiou, neighbors in the
immediate area, agreed that something should be done about the hidden
driveway which is a hazard to motorists.
Mr. Moran MOVED to recommend approval of the variance stating that a
recommendation should be made to the DPW from the Planning Department about
the hazardous hidden driveway.. Mr.. Fuller SECONDED. Motion CARRIED.
APPEAL 1240: Use variance to permit construction at 453 Floral Avenue
i'n an Ria zone, of a storage building for owner's use only. This is
a resubmission of previous appeals to permit a warehouse or a
garage on the premises.
Mr. Van Cort stated that the property in question is not suitable for
residential development. To provide a sewer system, a pumping station would
be necessary as the land is lower than the surrounding area. Mr. Galbraith,
Mr. Lower's lawyer, stated that he has a petition from the neighbors in the
area showing that they are not opposed to his proposed structure.
Mr, Carpenter, a neighbor, said he was not opposed to the structure which
Mr. Lower wants to build®
A letter received from Mr. Liguori , County Planning Office, who was notified
because of the property being on a state route, stated that after discussions
with the zoning officer of the Town of Ithaca and the owner of adjacent
property in the town of Ithaca it is unlikely that a granting of Mr. Lower's
appeal would have a significant impact on the County, State or Town interests..
PLANNING AND DEVELOPMENT PAGE 3
He further stated that he withdraws his previous objections to the proposed
structure.
Staff is .lessopposed to this appeal than before due to Mr. Lower's
willingness to negotiate conditions for this: variance. Staff also offers
three alternatives:
1 . Deny on same basis as before.
2. Delay official recommendation (BZA will postpone appeal ) pending
staff negotiation with Mr. Lower to see if entire site can be preserved
for residential use or failing that if the negative effect of construction
of the storage facility can be reduced through proper site planning.
3. Approve subject to determination of location/site development
which would least impair future residential development.
Mr. Van Cort explained that with alternative #2 the site could be preserved
for residential use by proper screening or it might be divided into different
kinds of uses.
Mr. Fuller MOVED to recommend alternative #2. Mr. Hildreth SECONDED. Motion
carried.
Mr. Van Cort said that the finished plans would be presented to the Board
for review at the December meeting.
APPEAL 1241 : Area variance to permit addition of a room above an
existing enclosed porch at 303 Linn Street, in an R2b zone; this would
enlarge a single-family residence nonconforming because of inadequate
side yards.
Mr. Reeves presented, to the board, letters of approval from two neighbors.
He explained that the proposed addition would be to the back of his home,
which faces a wooded area, and.would not cause any obstruction to the
neighbor's view.
Staff recommendation is to approve based on no increased coverage and
no further yard reduction.
Mr, Moran MOVED to recommend approval of the variance. Mr. Bordoni SECONDED.
Motion CARRIED.
APPEAL 1242: Use variance to permit construction of a four-unit
apartment on property at 423 E, Lincoln St. in an R2b zone; the
building would be in addition to the existing 4-unit apartment in
the old Cornell Pottery, and would be located at the south end of
the property near Queen Street,,
PLANNING AND DEVELOPMENT Page 4
Mr. Van Cort explained that the property is legally non-conforming as the
conditions were preexisting.
Staff recommendation is to DENY as not in keeping with long-range plans,
use not permitted and increasing nonconformance, requiring significant
number of additional variances, and not in character with the neighborhood
which are all 1 and 2 family dwellings except structure on the premises
and Fall Creek House.
Mr. Van Cort also presented, to the board, a related request for
an interpretation of subdivision regulations. Chairman Stein expressed
his concern over what he considered to be a legal interpretation of the
subdivision requirements that is not part of the Board's responsibility.
Mr. Bordoni MOVED to recommend denial of the variance as it is not in keeping
with the spirit of the zoning ordinance. Mr. Fuller SECONDED. Motion
CARRIED.
Chairman Stein suggested that Ms. Sisler might be able to work out a
solution which would be acceptable to the Board by working with the Planning
Staff. He further suggested that a legal interpretation of the subdivision
regulations was in order for this particular appeal .
Mr. Bordoni MOVED to refer the matter to the city attorney for resolution.
Mr. Moran SECONDED. Motion CARRIED.
6. COMMUNICATIONS: None
7. COMMITTEE REPORTS: None
8. OLD BUSINESS:
a. City Graphics System
Mr. Alex Turner, of Carreiro Design, presented a slide show of the
proposed signs for a graphic system primarily for tourists. Because of
Ithaca's college population, it would be an advantage for newcomers and
visitors as well .
After some discussion, it was decided to refer the proposed graphic system
to committee so that it can be presented to DPW for review.
Chairman Stein asked if the work was complete. Mr, Turner informed the
Board that he had 2 more projects to complete: wall maps for the parking
garages and several smaller items, i.e. city letterhead, business cards,
city hall directory.
9. NEW BUSINESS:
a. Curb cuts for handicapped.
Postponed till the next meeting.
PLANNING AND DEVELOPMENT Page 5
b. Resolution of subdivision question relating to Zoning Appeal 1242.
Referred to the City Attorney for interpretation.
The meeting adjourned at 10:45 p.m.