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HomeMy WebLinkAboutMN-PDB-1979-09-04 MINUTES PLANNING AND DEVELOPMENT BOARD September 4, 1979 PRESENT: Chairperson Stuart Stein, John MacInnes,; Susan Cummings, Richard Moran ALSO PRESENT: T. Hoard, Mr. Bugliari , Mr. and Mrs. Rosica, B. Bucko, D. Dulls,, P. Testa, D. Pirko, P. White, E. Kristeller, H. Smith, Mrs. F. Alo, Mr. and Mrs. Jones , T. Macera, G. Loomis, D. Loomis, D. Jayne, H. M. Van Cort, and members of the press. Note: The regular August meeting of the Planning and Development Board , was postponed to September 4, 1979 due to lack of quorum at the August 28th meeting. The meeting was held in the Ithaca City Court Room. 1 . The meeting was called to order at 7:37 P.M. 2. PUBLIC HEARING: Application for final approval of subdivision of property at 208 Kline Rd. , in an R-2a zone, into two parcels. Public hearing on the application for final approval of the subdivision of property at 208 Klein Rd. in an R-2a zone into two parcels. Mr. Moran MOVED to open the public meeting, motion SECONDED by Mr.MacInnes and the public hearing was declared officially opened. Chairman Stein asked if there was anyone present who wished to speak concerning the subdivision. There was no one present and the hearing was officially closed. 3. On MOTION by Mr. Moran, SECONDED by Ms. Cummings, the minutes of the June 26th meeting of the. Board were approved. 4. Special order of 'business: None. 5. Chairperson's report: None. 6. ZONING CASES: APPEAL 1269: Use variance to permit part of premises at 1025 N. Tioga Street (corner of Lincoln) , in an R-2b zone, to be used for professional offices. Premises contain two apart- ments and the space in question has previously been used for a variety of non-residential purposes. Staff is of somewhat divided opinion on a recommendation, partly con- cerned with the longstanding noncomformity of a part of the structure P & D Board Minutes September 21 , 1979 Page 2. on the property and the fact that it is located in a residential zone vs. the suitability of the building for permitted uses. There are arguments for continuing a variance for use on the property, as well as for a return of the property to permitted uses, which would include residential use, and various others by special permit or under special conditions , such as home occupations. After some discussion concerning previous uses of the space, Ms. Cummings MOVED to recommend denial of the appeal and the. motion was SECONDED by Mr. Moran. A vote was taken and resulted in a recommenda- tion to DENY by a vote of 2 to 1 . APPEAL 1270: Area variance to permit conversion of one-family house at 109 Auburn Street, in an R-2b zone, to two units. No exterior change is proposed; property is deficient in one side yard (5 feet required, 3 feet exists) . Appellant Doug Dylla explained his proposal to rehabilitate the property to contain two dwelling units_ He read a letter from a neighbor expressing support of the appeal , which Mr. Stein ordered recorded in the record of the appeal . Staff recommends APPROVAL of the variance, since it is a relatively minor deficiency in one side yard. on MOTION by Mr. Moran, SECOND- ED by Mr.Matlnnes, - the appeal was unanimously recommended for APPROVAL. APPEAL 1271 : Appeal of Ithaca Neighborhood Housing Services for area variance to permit construction of new single-family house at 306 S. Plain Street, in an R-2b zone, with one side yard smaller than required. Hou-e would replace a 3-unit dwelling which is uneconomical to rehabilitate. Mr. Testa of Ithaca Neighborhood Housing Services discussed the proposal , which involves the construction of a new single-family residence on the site, which is now vacant, following demolition of the previous nonconforming 3-family structure which INNS determined to be non-rehabilitable. Staff recommends approval , since there is once again only a minor deficiency in one side yard which would be the result of construction of the new structure, designed by and builty by BOCES students in a prefabricated design.- On MOTION by Mr. Moran, SECONDED by Mr. Maclnnes, the Board recommended APPROVAL of the appeal . There was one ABSTENTTON by Ms. Cummings due to her concerns for possible conflicts of interest, since she is a member of the INHS Board. APPEAL 1272: Area variances to permit conversion of structure at 433-34 N. Cayuga Street (corner of Farm Street) , in a B-2a zone, from six residential units to ten. Property is non-conforming in area, side and rear yards , and off-street parking. Total occupancy of structure would be reduced by conversion. Applicant Phil White, Jr. explained the proposal to the Board. He main- tains that conversion of the present structure at 433-34 N. Cayuga St. from 6 residential units to 10 smaller residential units would effectively reduce the potential occupancy of the residential portion of the building and thus might result in some lesser requirement for actual off-street P & D Board Minutes September 21 , 1979 Page 3. parking spaces. The commercial uses of the first floor would be retained. Staff recommendation is to DENY, realizing that there may be some actual improvementsto the bui-lding and to the quality of the residential units on the second and third floors, but the staff is concerned that the reduction in the number of large family residential units would not be in the best interests of the City in terms of its effect on housing supply, and staff also notes that the requirement for off-street parking .would effectively be increased by the proposal , since each of the 10 units would require a parking space; thus , the deficiency in off-street parking space would in- crease according to the ordinance by `4 spaces. Staff noted that other-exist- ing deficiencies would not be affected by the conversion, and that the availability .of public green space in the park across the street might offset the deficiency in green space for residents on the property; also, the deficiency in available off-street parking might be able to be ameliorated by negotiation between appellant and owners of nearby parking areas to provide some reserved space for residents' parking After further dis- cussion, MIs. Cummings recommended APPROVAL of the variances, contingent on thorough investigation of availability of off-street parking in the immedi- ate vicinity. The MOTION was SECONDED by Mr. Moran and unanimously APPROVED. APPEAL 1273: Variance to permit parking area at 159-165 Crescent Place, in an R-2b zone, to be improved to standards below those required for neighborhood parking lots. Extensive discussion arose on this appeal concerning the issues of avail- able on-street and off-street parking in the immediate vicinity. Four residents of neighboring property spoke to express their concerns that con- version of this property to a neighborhood parking lot, which is not a permitted use in the zone, would reduce the availability of parking for themselves, visitors, and residents of adjacent properties. There was also concern expressed with regard to the physical restrictions existing in the immediate vicinity, which allegedly has resulted in, damage to cars parked within the immediate surroundings. Staff has determined that there are numerous unresolved questions relating to concerns. of the engineering dept. and the city traffic engineer, as well as the actual physical development of the street. Staff recommends that this issue be DEFERRED in order to permit investigation of these matters by representatives of city departments involved and the appellants and others interested. On MOTION by Ms. Cummings, SECONDED by Mr. Maclnnes, the Board DEFEERED DECISION on the. appeal for one month. Mr. Stein requested the dept. staff to investigate the matter with the parties concerned. APPEAL 1274: Area variance to permit conversion of existing barn on premises at 312 Second St. , in an R-3b zone, to a third dwelling unit, an addition to the two units presently in the main structure on the property. Deficiencies on the property, involving both structures, concern front, side, and rear yard setbacks. P & D Board Minutes September 21 , 1979 Page 4. Appellant Gary Loomis explained the appeal at length, including reference to the previous consideration of this case and a similar one in the neigh- borhood at the July Planning Board meeting, at which the other appeal was approved, and Mr. Loomis' original appeal , which was recommended for approval by the Planning Board, was denied by the Board of Zoning Appeals. Mr. Loomis stated that his brother, who is co-owner of the prop- erty, would be the tenant of the proposed new unit in the barn. He also stated that there was some potential for the establishment of a business on the property by himself or his brother. This was an apparent reference to the provision of the zoning ordinance for neighborhood commercial facilities in R-3 zones by special permit of the Board of Appeals ; neighbor- hood commercial facilities do not normally include non-retail businesses, which appears to be what Mr. Loomis is referring. to. Staff recommends APPROVAL of the appeal. . . On MOTION by Mr. MacInnes, SECONDED by Mr. Moran, the Board MOVED °to recommend APPROVAL of the appeal , and the MOTION was PASSED unanimously. SIGN APPEAL 9-1-79: To permit billboards on property at 602 Hancock Street (corner of Fourth) , in an R-3b zone, to to advertise businesses at 310.;Fourth Street. The businesses are located on a dead-end section of Fourth which is accessible only from Hancock. f' Appela ant,Dick ,Jayne explained' the proposal which involves the erection of what may be considered a billboard at the corner of Hancock and Fourth Streets directing customers to businesses located at 310 Fourth Street: Existing signs 3 ° for these ;businesses are located on this corner, and would haveito::be removed under the terms of the .sign ordinance at the end of August. Mr. Jayne referred to the difficulty which customers of the two businesses at 310 Fourth Street experienced, when they are trying to locate the premises, due to the fac-i that:.1 '', this section of Fourth Street is a dead-end street, and is not a continuqus section of ;Fourth Street, due to the closure of a portion of Fourth Street on the other side of Hancock for the Hancock Street apartments operate'd•'by the .Ithaca, Housing Authority. Access to the businesses, therefore, is only from Hancock Street, and no traffic would normally pass in front of the businesses. ,,I which makes their, location somewhat out of the way and essent{tally invisible from any through street. Mr. Jayne. noted that there are signs on " 'the front 'of the building 'housing the businesses, but these are not visible from Hancock,Street. The Appeal concerns issues both of the nature of the. sign i,e: whether it cons�titdtes a billboard or not, since the owner of .., both. 310.fourth` Street and the premises at the corner of Hanc_oek and Fourth on-whch the sign would be located is the same party, and the 'issue of the, size of one of the proposed signs for one business, which would be larger. than the 5 -square feet permitted in the residential zone in which the .property is located. Staff recomme dation is to approve the Appeal due to .the unique IocatiOn' a 0 the difficulties of access to the premises; .but to :remove-.the C existing sign for one business from ;the Housing Author.ity property, andto restrict the size,of_ each 'sign to be mounted on the same s�gn..structure to s .� 5` square feet.. Mr. MoranaMOVED to recommend approval .of both variances with the -stipulation ,that:sa,gns not_-e�cceed .5 :square-: feet each, and to remove--the r existing sign from the--Hous'ing:Aut aority property.- The motion was seconde6 `' and unanimously approved. P & D Board Minutes September 21 , 1979 Page 5. SIGN APPEAL 9-2-79 To permit four signs on premises of Bishop's Home Center at 430 W. State Street, in a B-2 zone. The two extra signs would alert customers on Seneca St. of the parking lot and rear entry access from Seneca; total area would not exceed allowable. Staff recommendation is to DENY approval of the appeal for four signs on the premises and to recommend approval of only two signs, to be of a type and location as desired by appellants, within the constrains of the ordinance, except that one sign may be the, existing freestanding sign on Seneca Street which better indicates the location of appellant's parking lot and rear en- trance for motorists on this one-way street. Ms. Cummings, SECONDED by Mr. Moran, MOVED to recommend the DENIAL of the appeal for four signs and to APPROVE TWO SIGNS ONLY, in accordance with staff recommendation. Motion PASSED unanimously. SIGN APPEAL 9-3-79: To permit existing nonconforming sign to remain on premises of D & R Liquor Store at 211 Hancock Street, in an R-3b zone. Appellant's attorney commented on the Appeal , noting in particular, the relative invisibility of the sign from surrounding residential-",areas, its innocuous and restrained design, and the fact that the business frontage is on a street which is zoned business on the opposite side, businesses in the opposite business zone are much more visible and have much larger signs .than thkr'appel.lant's store. Five neighbors of the premises were 'recorded as being` in favor. of the appeal , as well as some other patrons of the business`. Staff recommends denial on the basis that the sign is on a building in a residentia.l 'zone, it is larger than permitted in a residential zone, and it is visible, from residential properties in the vicinity. Staff also noted, however, that the sign is relatively attractive, and unobtrusive. After further discussion, Ms. Cummings MOVED to recommend approval of the°Appeal ; „ . motion seconded by Mr. Moran, .and approved unanimously. SIGN APPEAL 9-4-79: To permit existing nonconforming signage -to remain_ at Ithaca-Cayuga Optical Company, 134 E. State 'Street (Commons) , in a B-3 zone. This Appeal was withdrawn. 7. Communications: None. 8. Committee Reports : None 9. OLD BUSINESS: Action on subdivision of property at 208 Kline Road. Mr. Van Cort stated that there were no problems with the:_eproposed subdivision, that it had been cleared with appropriate City agencies. ' On MOTION by Mr. Stein, SECONDED by Mr. Moran, the final APPROVAL of the subdivision at 208 Kline Road into two parcels was APPROVED unanimously. V P & D Board Minutes September 21 , 1979 Page 6. r 10 : NEW BUSINESS{a),Department Budget for 1980. Mr. Stein opened discussion >; on the draft department budget as presented by Mr.-Van Cort. He noted that .:'-',;. this is the point at which the Board has the opportunity to-understand what - .department funding is and how that funding relates to the department's work load. He pointed out that there were several areas in which the department , had been very active which were not emphasized in the text 'of- the budget request and which had been noted by other Board members, such as continuing activities that are currently under way. Mr. Van Cortnoted that the depart ment would, of course, be pursuing those projects that are already; underway ,_.and bringi=ng them to -conclusion, while at the same time undertaking new activities which are not yet known. He pointed .out that the department woul=d emphasize the leveraging of funding sources for needed city improvements by_ ,, matching available non.-city funding sources to activities that are needed by` the city,, so that the investment of local tax funds could be reduced and _ more effectively applied to a wider range of projects. He also noted that the department would attempt to work more extensively in the .area of promoting development in the private sector where appropriate, and where such development would be in accordance with city objectives including the maintenance of a high level of environmental quality. Mr. Stein noted that the request reflectsa reduction of approximately 3,% from the approved budget for 1979. Mr. Van Cort stated that he felt that it would be possible to accomplish all tasks that would be presented to the department, including ongoing activities, with the reduction; this is partly because of the recent changes in staff.: composition due to the departure of a couple of staff members, and the fact -- that they act that-they would be replaced by persons whose salaries would be less than r those of the departing members. It was also noted that some department functions, in particular that of environmental review, are essentially un- predictable, but that when the requirements occur for such review, the manpower must be devoted to accomplishing the review, which is potentially a gime-consuming process. He noted that it might be necessary to consider : . f the establishment of a staff position, either in the Planning Department or ` . - .n another city agency, to take care of such requirements. Mr. Stein remarked .. .that the relationship between the budget and the department work program for r - 1980 is not clear at this point, and requested further discussion on that issue at a later date. Given the fact that the budget request as submitted An draft is for a lower figure than for the current year, and that it would be possible to have further review of the budget before final approval in December, it was decided that' the budget, as submitted in draft, should be relayed to the Common Council Budget & Administration Committee for the first round of administrative review. �ht b: - Preliminary request for subdivision approval . Paul Testa 'of Ithaca Neighborhood Housing Services addressed the Board on the proposal to sub .� divide property at 526 W. Green Street in aB-2 zone into two parcels. Mr; Testa noted that the VFW, which owns adjacent property, had acquired 526 W. Green with the intention of increasing their parking lot. The house on the property is in reasonably good condition, and NHS's interest is to :, •' conserve the amount of existing residential property that is in good condi '� :;; tion, therefore, they are seeking a means of retaining the house, while P & D Board Minutes September 21 , 1979 Page 7. permitting the VFW to add to their parking area. He said that the house might eventually be sold to an owner-occupant. He noted that the house as currently exists, is non conforming with respect to the zoning requirements; _ the proposed subdivision would increase that nonconformity, by creating two nonconforming size lots, as well as making no improvement in the deficiencies represented by the existing house. Mr. Testa also stated that it was NHS's interest to retain as much of the residential fabric in this section of. Green Street as possible, rather than presenting a larger parking area to the street, which would be a deterioration of the residential environment. Mr. Stein pointed out that the Planning Board could not take any action on this proposal without first obtaining variances, since the subdivision would create non- conforming lots. Mr. Testa noted that it might be possible to accomplish the same effect as the proposed subdivision by simply ,leasing a part of the entire lot to the VFW for parking, while retaining the lot dimensions as they currently are, and keeping the house in residentia b use. Mr. Stein indicated. that that might be a more desirable solution, and suggested that Mr. Testa check this with the VFW to see whether it might be possible. No further action was taken on the matter, pending further investigation by Mr. Testa. c. Recommendation concerning provision of funds to provide a city match to New York State Council on the Arts grant for Ithaca Landmarks Preservation Commission staff position. Mr. Stein informed the Board that the Ithaca Landmarks Preservation Commission had made application to the NYS Council on the Arts for a grant for a number of Landmarks related projects and activities, including funds for a staff position to assist the Commission with the numerous preservation related activities in which they are involved. The Council on the Arts approved only a portion of the request, specifically, relating to the staff position, and provided only a part of that total salary amount, the remainder to be matched by the City. The Council 's grant amounts to $8500, to be matched by $4000 of City money, totalling $12,500 for a one year's salary for such a staff position. Mr. Stein noted that he had appeared before the Budget & Administration Committee of Council , to present this request to them and to determine the source. of the City match. At that meeting it was suggested that the match might come from the Planning Department budget, which will contain excess funds in the staff salary line - due to the departure of two staff members during this year; and their replace- ment at a later time in the year by persons who have entry- level salaries, providing the available access. The Budget & Administration Committee requested a Planning Board recommendation on this matter, which would be accomplished by transferring funds from department staff's salary line, line 101 , to line 407, contractural services, to be used for consulting services to the ILPC as the City match. Mr. Stein moved that such a motion be approved by the Board; motion seconded by Mr. Macinnes and approved unanimously. ' ,..There was no further business and the meeting adjourned at 10:50 p.m. ,ec -Fully submitted, J,o ,tha i gs l nner' C ITY O F ITHACA TOMPKINS COUNTY ITHACA, NEW YORK 14860 OFFICE OF TELEPHONE: 272-1713 Planning & Development CODE 607 August 22, 1979 T0: Members of the Planning and Development Board FROM: Stuart Stein Attached is a copy of the proposed budget for the Planning and Development Department for the forthcoming fiscal year. It was prepared by Thys Van Cort who wrote the supporting explanation of the policies guiding the budget request. It is important that each member of the Board review this budget at this time. and read Thys' explanation. The budget must be submitted in early September for review and subsequent approval by the Common Council . This is the first step, and is our opportunity to understand the details of the Department's budget and to provide an input into what is submitted to Common Council . I have placed this on the agenda for discussion at our regular meeting scheduled for August 28th. Recommendations for changes, if any, can be made at that time, and it will be appropriate for the Board to pass a reso- lution concerning the proposed budget. SS/11 DEPARTMENT BUDGET , 1980 Line 101 Salaries It is expected that salaries for 1980 will decrease somewhat if we leave out one of the two CETA positions we currently have at about $6000/yr. , over the current appropriations. This, and the projected surplus in the current year, is due to the recent resignations of a senior staff member and the Department's Administrative Secretary; those positions will be filled at entry salary level for the remainder of this year, and will receive minimal increments in 1980 We will continue to attempt to supplement permanent staff with CETA-eligible professionals as a way of handling discrete, short-term tasks, but due to recent changes in CETA funding, the level of reimbursable salary, and thus the quality of potential CETA employees, may make it impractical to count on such assistance as heavily as in the past, Estimated 1980 Salary Levels, Director $24,10.0. Planner II 19,400 Planner TT 13600 Planner .I1 130100 Administrative Secretary 9,100 Secretary (part time) 4,600 CETA position 10,300 $ 94,200 210 Furniture and Furnishings The Department continues to need a filing cabinet, Due to the number of contracts and other legal materials required in conjunction with projects such as Cherry St: , and because of the extra space these consume in standard-size cabinets, we are requesting funds to purchase a legal-size 4-drawer cabinet, estimated cost $150.00. We also have drastic need of a spacious set of book shelves for the voluminous reference library which is now rendered essentially useless due to its scatteration around the office on makeshift, miscellaneous shelving or in piles and boxes on the floor, estimated cost $400,00. The Department also needs two tables, one to replace the borrowed desk now occupied by the recently-acquired xerox machine, and one for the print room to replace the dilapidated antique on which drawings are readied for copying. Estimated costs for these tables total $350.00, 220 Office Equipment The Department needs a new typewriter to replace one bought in 1975 which is on the verge of total breakdown, The $864 State contract purchase . price of a new model will be offset by $330 trade.-in on the old one. 310 Office Supplies A minimum increase is requested in this line, to keep abreast of the rising costs of supplies ; includes direct cost of paper for xerox machine, 312 Equipment Parts and Supplies No increase is requested in this line. 401 Telephone A 9,5% increaseisrequested in this line, due to increasing phone rates and for the increased need to conduct business related to development activities by telephone. This year's projected excess is due to a onertime expenditure to upgrade the Department's phone system so that incoming calls can be held, transferred, etc. without "losing" them due to the confusion caused by the present equipment. 407 Contractural Services Contracted specialists enable the Department to fill one-time demands for professional planning assistance which staff availability or expertise cannot meet, and which can be accomplished by specialists working semi- independently under contract, An increase over the current appropriation is requested to provide sufficient latitude to engage one or more such specialists as need arises. 411 Printing No increase is requested. We estimate that printing expenditures will exceed the amount budgeted this year, due to a need to reprint the ,Commons and Surroundings brochures to meet demands for them, This overrun would have been avoided had the amount requested in the original 1979 budget been approved, Since publications play a major part in people's knowledge and awareness of the City and of planning and development activities, we feel it important to maintain the budgeted level in 1980, The amount requested will cover publica- tion of the Commons Technical Appendix, supplementing the other Commons public, cations, for which there has also been much demand. 413 Equipment Rental This is a new line, due to acquisition of a xerox machine for the Department, The machine is on lease-purchase contract, which will cost us approximately $82/mo. for 5 years, including maintenance, 418 Equipment Maintenance A minimal increase is requested to cover the rising: costs of maintenance of departmental equipment which are not covered by maintenance contract. 422 Fees for Professional Services Professional Services cover supplemental manpower and technical skills which cannot be anticipated in detail during budget preparation, but which inevitably are needed during the year to enable the small regular staff to accomplish tasks which, because of scheduling or time pressures, `could not otherwise be accommodated. Drafting, typing, photography, etc. are examples of such services, which frequently are needed in the preliminary stages of projects before a project budget is established against which such fees would subsequently be charged. This year's projected overrun in this line may simply be a reflection of the majority of fees being expended early in the year; at the moment, we cannot foresee further expenses on this line during this year, Nonetheless, in view of the criticality of such assistance when it is needed, and the levels of expenditures on this line in the past, we are requesting a 12,5% increase in appropriation for 1980, 433 Travel and Mileage The small increase requested on this line reflects the drastically in- creasing costs of transportation, and the importance of travel in connection with City projects, particularly those related to development. There is simply no adequate substitute for the face,to,face meeting and information exchange, 435 Advertising A projected substantial surplus on this line causes us to propose a con- servative 20% reduction in the amount allocated in 1980. 436 Dues, Memberships, Publications The projected overrun th.is year indicates that the original 1979 request, and the average expenditure in previous years, is not out of line as a cost of . keeping current on developments in the planning and development field; we therefore request a minimal increase in this line for 1980,