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HomeMy WebLinkAboutMN-PDB-1979-11-27 MINUTES PLANNING AND DEVELOPMENT BOARD November 27, 1979 PRESENT: Ray Bordoni , Sue Cummings, Mary Crowley, John MacInnes ALSO PRESENT: Planner Jon Meigs, Building Commissioner Tom Hoard, Mr. and Mrs. Royden Lounsberry, Ellymaria Hartmanis, Stuart Slosbee, members of the press 1 . The meeting was called to order at 7:40 p.m, In the absence of Chairman Stein, Ms. Crowley chaired the meeting. 2. No approval of minutes. 3. Special order of business: None 4. Chairperson's report: None 5. ZONING CASES: APPEAL 1287: Area Variance to permit construction of a one-bedroom dwelling unit over an existing garage at 108 Elston Place, located in an R-3a (residential ) use district, has no' frontage on a City street, and does not have the required front yard depth. Mr. Meigs noted that side and rear yards are also deficient, Mrs. Hartmanis, appellant, told the Board that she was applying for only an area variance because she thought the use was permitted, and there is enough land and parking for the number of units on the property. She stated that she wished to build the ; addition because the garage wasn't particularly attractive but the setting is very nice, and the addition would include improvements to the garage!:s..appearance. �; She mentioned that she had sent_ notice_ to neighbors and received no adverse comments. Mr. Meigs then presented a diagram to the Board showing the location, of the property and adjacent owners. Staff recommendation was to approve, since the isolated location of the site and of the garage mitigate the setback deficiencies`. Ms, Cummings, seconded by Mr. MacInnes, MOVED that approval be recommended for this addition, since the proposed design would appear to make an attractive addition in keeping with the surrounding neighborhood. No public comment was made, Motion PASSED unanimously. SIGN APPEAL 11-2-79: Appeal of Phi Kappa Sigma, located at 5 Ridgewood Road, Phi Delta Theta, located at 2 Ridgewood Road, and Alpha Epsilon Pi , located at 140 T urstoh Ave, , for variances of the Sign Ordinance to permit retentionn of existing signs in an P,AU(residential ) district in which such signs are not permitted. Mr. Meigs explained that this appeal was carried over from the last meeting, He went on to say that the reason for the appeal was an indication to the fraternities P & D Board Minutes November 27, 1979 Page 2 that the provisions of the sign ordinance require them to remove their signs because of being larger than 5 SF permitted in a residential zone. Mr. Meigs stated that Phi Kappa Sigma and Phi Delta Theta were notified that a different provision of the sign ordinance appears to permit signs of up to 25 SF per house for social organizations, Ms, Cummings asked Building Commissioner Hoard if they had been notified and if they were no longer appealing for a variance, Mr, Hoard stated that he felt their signs were acceptable under Section 34,5A5 of the Sign Ordinance, and that he had so notified them, Mr. MacInnes briefly reported on a discussion he, Ms. Cummings, Mr. Hoard and Mr. Meigs had on the subject, which raised the question of application of the ordinance to university-owned premises occupied by fraternities. Mr, Hoard stated that an opinion from the State Attorney General , in a previous case involving application of the zoning ordinance to university properties, was that property used in carrying out the university's (educational ) mission was exempt from local zoning; since the Sign Ordinance is referred to in the Zoning Ordinance, he felt that the same conditions apply. Mr. Meigs questioned whether the Sign Ordinance was subject to the same limitation, Mr. Bordoni asked how, if the university is subject to the city's Build- ing Code, can it be' exempt from zoning, and Mr. Hoard replied that the city code is essentially the State Building Code, so the city is acting for the State in that regard. Mr. MacInnes noted that, if the Attorney General 's opinion governs, private fraternities would be at a distinct disadvantage under any provision of the city sign ordinance, since those occupying Cornell-owned buildings could put up any size of sign, It was his impression that at least one Cornell owned house has a sign prominently visible from Stewart Ave, that far exceeds 25 SF, Mr. MacInnes,, seconded by Ms. Cummings, MOVED to recommend that the Board of Zoning Appeals further defer action on this appeal in order to permit clarification of the application of the sign ordinance to un versity®owned vs, private fraternities/ sororities, and related questions, Mr, Bordoni , seconded by Mr, MacInnes, MOVED to AMEND the motion to request that the opinion of the City Attorney on these matters be given to the Planning Board prior to its next meeting, December 18th, when the Board would make its recommendation on the specific issues, Stuart Slosbee, repre- senting AEPi , indicated no objection to the motion and there was no further public comment. Staff concurred with the Board's motion, adding that the issues to be addressed included equity, the applicability of Section 34,5A5 to fraternities, and some means of controlling the size of signs on universityowned properties not directly related to Cornell 's educational mission, Motion PASSED unanimously, SIGN APPEAL 12-1-79: Appeal of Bool 's Flower Shop, 209 North Aurora Street, for a sign variance to permit retention of existing neon sign, in a B-2b district. The sign has been designated a historic sign by the Ithaca Landmarks Preservation Commission, Mr. Meigs stated that the provisions being appealed are those for historic signs and for projecting signs. He went on to say that the sign reads "Flowers" and pro- jects more that 18" , but has been given historic designation by the Landmarks Commis- sion. Staff recommended approval and there was no public comment. Ms, Cummings, seconded by Mr. MacInnes, MOVED to recommend approval . Motion PASSED unanimously. P & D Board Minutes November 27, 1979 Pale 3 SIGN APPEAL 12--2-79: Appeal of Fanny Farmer's Candy for a sign variance to permit retention of existing Carrara glass sign at 109 East State Street in a B,_3 district, The signage has been granted historic designation by the Ithaca Landmarks Preservation Commission, Mr. Meigs stated that the sign in question is a large once, incised in the Carrara glass front of the building, and reading "Fanny Farmer" in black letters on a white background and which has similarly been granted historic status by the Landmarks Commission. He went on to say the request deals with the variance to the size limitations on the basis of its being an historic sign, Ms. Cummings, seconded by Mr. Maclnnes, MOVED to recommend approval of the sign, No public comment was made; staff also recommended approval , Motion PASSED unanimously, 6. Communications: None 7. Committee Reports: a. Codes & Ordinances: Ms. Cummings asked Mr. Meigs if he was in receipt of a communication from "Neighborhood Housing Services, He stated that he had received a communication on the day of the meeting but wasn't aware that it was supposed to come before the Board, Ms. Cummings then explained that it was a motion from NHS indicating that they too were interested in and supported the Board's efforts to put forward a clearer more explanatory appeals notification form. She stated that it was directed to the Director of Planning and not to the Chairman of the Planning Board. Notice form will be brought up at next meeting, b. Neighborhood Development and Housing: Rt. 13 improvements between Ithaca and Cortland. Ms. Cummings stated that this was brought up at the last meeting and was referred to the Neighborhood Development and Housing Committee. Ms. Cummings stated that Mr. Stein had indicated that this was an issue he had been working on in his capacity with the County and that he felt strongly that this was an issue which affected the :city and was appropriate for the City Planning Board to consider and make a recommendation on, since it would have an impact on traffic flows through neighborhood areas. Because of lack of minutes, Ms.: Crowley, who is chairman of this committee, was unaware that her committee had been referred to. Therefore, further study was called for and Ms. Crowley will report back at the next meeting, C. Other: None 8. Old Business: Staff Planner Opening: Mr. Meigs stated that the staff planner II interviews have been held and a decision should be made within the next few days to a week. 9. New Business: None 10. Miscellaneous: Board Minutes and Administrative Communication: Ms. Cummings, Mr. Bordoni and Mr. MacInnes expressed concern over gaps in communication which cause confusion and difficulties in conducting planning business, and could cause more serious problems than simple embarrassment. It was agreed that vacancies on the Board contribute to the problem by leaving committee chairmanships and responsi- bilities in question, but that follow-up by staff and members would be facilitated if current minutes were available for reference. Mr, Bordoni stated that he would find minutes most helpful if distributed as soon after meetings as possible, and P & D Board Minutes November 27, 1979 Page 4 Ms. Cummings stated she would appreciate receipt of notice of the BZA actions on appeals. Mr. Meigs agreed to undertake the requested improvements. 11 . Meeting adjourned at 8.50 p.m.