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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.