HomeMy WebLinkAboutMN-PDB-1980-01-29 MINUTES
PLANNING AND DEVELOPMENT BOARD
January 29, 1980
PRESENT: Chairman Stuart Stein, Sue Cummings , Rich Moran , Peter Holmes ,
Frank Moore, Ethel Nichols
ALSO
PRESENT: Planning Director Thys Van Cort, Building Commissioner Tom Hoard,
Robert Wood, Anthony Albanese, Martin Cokely, Steve Carroll ,
Bill Gaffney, Richard Stumbar, Attorney Murray Lewis, Carl Stokes,
Richard Goldman, Eleanor Lynch, Michael Baum, Steven Miller
1 . The meeting was called to order at 7:40 p.m. by Chairman Stein.
2. Chairman Stein welcomed three new members to the Board: Peter Holmes,
Frank Moore and Common Council representative Ethel Nichols.
3. On motion by Pts. Cummings, seconded by Mr. Moore, it was MOVED to approve
the minutes of the November 1 and December 18, 1979 meetings. Motion PASSED
unanimously.
4. Special Order of Business : None
5. Chairperson 's Report: Chairman Stein stated that he did have a report;
but would like to postpone it until later in the
meeting.
6. ZONING CASES:
APPEAL 1289: Area variance to permit conversion and reconstruction of the
single family home at 319 Hillview Place to a two-fa; ,ily home.
The property is located in an R-2a (residential district) and
is deficient in required street frontage and rear yard depth.
Appeal was held over from the December 1979 meeting .
Planning Director Van Cort showed the Board a sketch of the property in question
and Building Commissioner Hoard presented a photograph, indicating that the
building is run-down. Chairman Stein then explained that R-2a zoning permits a
2-family unit, except that there are some deficiencies in the lot arrangements.
Robert Wood, the appellant , explained that he had also purchased the adjacent
property at 315-317 Hillview and wants to combine 315-317 and 319 into one piece
of property. His reason for purchasing the second piece of property was that
since 1923 there' s been a very confusing right-of-way to 319 and he hopes to clear
up access to the 2 buildings and provide off-street parking. He went on to say
that these 2 buildings are the last two rundown buildings in that area. Mr. Van
Cort then stated that staff recommendation was in favor because, as the appellant
pointed out, these two properties are the only properties in the area which are
still seriously deteriorated; the department has received a number of complaints
about the property closest to the road and this variance will allow improvement
to the property to a standard equal to those buildings around it. Mr. Hoard
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• explained that the exact deficiencies have to do with the lot width at the street
line, which should be 40' and is only 32 ' ; the other deficiency is that the build-
ing is too close to the rear of the lot: depth of yard is 7.6% of lot depth and
25 is required. He explained that the appellant is proposing to raise the
ceiling heights in the existing portion to conform with code requirements.
Mr. Holmes asked whether they were dealing with two or three apartments ; Chairman
Stein explained that they are dealing with one piece of property - 315 and 317
are not part of this appeal , in 319 they are talking about 2 units : a new one
in the basement and one in the rest of the house.
On MOTION by Susan Cummings, seconded by Peter Holmes , it was MOVED to recommend
approval . Motion PASSED unanimously.
APPEAL 1291 : Use variance to permit rental of space in the Ithaca Calendar
Clock Factory, 102 Adams Street, for a silk-screening business,
a use not permitted in an R-2b (residential ) district.
Mr. Stein explaind that the Ithaca Calendar Clock Factory is a special situation :
when this property first came before the Board and the BZA, it was agreed that
commercial uses would be permitted , but every time a new use was proposed , it
would have to go through the appeal process. Anthony Albanese, owner ff the
building, explained that a previous appeal had been approved for the same type
of business in approximately one-half the amount of the first floor; this appeal
is for the second floor, the first time he has had a chance to rent any part of
• the second floor. He tries to select tenants (with the exception of the bakery)
who operate during normal working hours , and he stated that there is ample parking
for all businesses. He went on to say that there would be approximately three
people working in the silk screening business , so they won 't be encouraging any
more activity than there is already. Mr. Stein asked how much of the second floor
was being used. Mr. Albanese stated that it was 3000 SF, the entire second floor
on the Adams Street side, and that it was not in use now. To help the Board further
understand the type of operation be proposed, Mr. Stein asked Michael Baum, owner
of the Printer's Gallery, to explain its operation. Mr. Baum explained that they
currently imprint teeshirts , jackets , sportswear, etc. in the back of their retail
shop at 113 N. Aurora Street. They are proposing to do the printing operation in
the Calendar Clock building with about three employees, will operate on a 9-5,
Monday through Friday schedule and that silkscreen printing is basically a hand-
printing process, very little machinery involved, quiet, no disturbance to the
neighborhood. Mr. Van Cort stated that staff recommends approval . However, he
noted that any exterior changes or changes in the signage must be approved by
the ILPC because it is a landmark building. Building Commissioner Hoard stated
that the BZA has taken the same position on each proposed use as has been recom-
mended by the Planning Board. Ms. Cummings , seconded by Mr. Moore , MOVED to
recommend approval . Motion PASSED unanimously.
APPEAL 1292 : Use variance to permit rental of space in the Ithaca Calendar
Clock Factory, 102 Adams Street, for piano repair and storage,
a use not permitted in a residential district.
Mr. Albanese, again, explained to the Board that this area of the building was
previously occupied by the Ad People, who have since split up, so that a portion
of the area was divided in half, with the Ad person having half and now Steven
Miller and his partner want to use the other half for storing and repairing pianos ;
that there is a big garage door and it 's very accessible. Piano delivery is done
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• during working hours and not later than 9:00 p.m. He explained that the business
was Fingerlakes Music local-d a"L Pyramid Mall -, that they would be storing their
inventory at Ithaca Calendar Clock Factory; and that they repair and rebuild
pianos for resale and also for private customers. Major rebuilding is done above
McPherson ' s Ski building where they have a complete shop; very minimal noise would
result from smaller jobs done at the Clock Factory, Chairman Stein then asked
Mr, Van Cort for a staff recommendation, which was to approve. However, Mr. Van
Cort mentioned to Mr. Albanese that it would he helpful if he could do a plan of
the building, showing various areas that are being discussed, i .e, , entrances,
which end of the building , etc. Mr. Moran, seconded by Mr. Holmes, MOVED to
recommend approval , Motion PASSED unanimously,
APPEAL 1293 : Area variance pertaining to off-street parking ; Use variance
pertaining to transition between use districts , and Area
variance pertaining to minimum setback from stream, to permit
construction of a one and one-half story U-Haul moving and
storage building totalling 34,600 SF at 343 Elmira Road, in a
B-5 (business) district, and to permit extension of a commercial
use into an R-2a (residential ) district, The proposed project
is deficient in off-street parking, building would be within
20' of a stream, and appellant is requesting permission to use
a portion of the property which extends to Spencer Road in
a residential district for commercial vehicle parking and
access.
• Chairman Stein asked if there was any more information to present to the Board
before hearing from the public. Planning Director Van Cort stated there was
one point of clarification that he would like to make : it was his understanding
that the proposed new building will be entirely in the R zone, rather than the
B zone, and passed a drawing around to better explain that. He went on to mention
about the neighborhood impact; that they are dealing with a property which
straddles two zones. The Elmira Road zone is commercial , Spencer Road is zoned
residential , and of the pressure on the residential area. This is a planning
question which has come up a number of times with commercial properties on Elmira
Road, and doesn 't apply only to this property. Mr. Van Cort asked the appellant,
Martin Cokely, 6895 Kenne St. , E. Syracuse, to help explain the drawing showing
the existing building and the proposed new building. Mr. Cokely explained that
they are proposing a building in the rear of the lot close to Spencer Road, with
the required rear yard. It would be a 200' x 57 ' , 12 story building. Parking
presented a problem: by ordinance they would be required to have 72 parking spaces,
but for this businss, which is basically rental of trucks, the office would only
be about 1500 SF, with the rest of the building for storage, maintenance, etc.
Mr. Cokely said there would be 34,600 SF of floor space. They propose to provide
18 parking spaces because they never have more than 10 employees ; they would
have a loading dock to accommodate 3 trucks. Mr. Stein then clarified that they
were asking for a variance in this case, of the parking requirements from 72 to
18, for customer parking, as opposed to storage of the vehicles that are being
rented, and asked if they were proposing to expand the building . tlr. Cokely said
they were planning to demolish the old building which was the old Ithaca Town
Highway garage. Mrs, Nichols asked if they were ever given a correct map of the
. flood plan; areas dangerous to build on. Mr, Van Cort stated that the engineer
does have a corrected map. He went on to say that there is a serious question
pertaining to the water course that runs through that land and whether the
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culvert they propose is adequate size. Mr. Moran questioned the fact that they
are talking about a variance for parking, intrusior. on a stream and building
into a residential zone. Mr. Van Cort stated that the tail on the lot does
definitely go into a residential zone. Mr. Van Cort then questioned whether a
letter had been sent to neighbors on Spencer Road and whether he had received
any response. Mr. Cokely said they received to negative responses. Chairman
Stein then asked about gasoline being stored on site, to which Mr. Cokely replied
that there were two 6-thousand gallon tanks underground. Mr. Hoard stated that
this was permitted in the zone where the tanks were located. Mr. Moran asked
which way the 6 bays or garages would be facing; Mr. Cokely replied that they
would be perpendicular to the back boundary line. Chairman Stein then explained
to the Board that it is possible to recommend in favor of a variance with
conditions, in order to permit action on a proposal that would be acceptable if
the conditions were met; if the BZA agrees , the appellant must comply with the
conditions. However, the BZA is not required to agree with the Planning Board's
recommendations. He then stated that it was brought to his attention that
they were in receipt of a letter from one of neighbors , James B. Orbison of
327 Spencer Road, who couldn 't appear at the meeting. He read the letter opposing
the appeal , as part of the record of this hearina; the letter is attached and
ade a part of these minutes,
Van Cort was then asked for a staff recommendation. He mentioned that
many questions remain to be answered and that the staff would like to defer
any action until the next meeting in order to enable them to better answer
these questions. He went on to say that the staff' s greatest concern was
the intrusion into the residential area. Mr. Stein reiterated that the
• expressed concerns were about the siting of the building and its shape, access
to Spencer Road and the watercourse that runs through there, so if a recommenda-
tion is made for deferral , those points should be recognized as points to be
taken into account in discussion with the property owners. Mr. Stein then asked
for a motion from the Board. Mr. Moore, seconded by Mr. Moran, MOVED to
recommend deferral to the BZA. MOVED unanimously.
APPEAL 1294: Interpretation or Area Variance to permit conversion of
the two-family house at 108-110 Cascadilla Street to a
multiple dwelling (cooperative or rooming house) . The
property, in an R-3a (residential ) district, is deficient
in off-street parking; lot size; front, side and rear
yard depths, and permitted lot coverage is exceeded.
Mr. Van Cort stated there were many area deficiencies. Mr. Stein questioned
the meaning of "interpretation. " Steve Carroll , owner of the property,
explained that he was asking for an interpretation to see if a variance is
required. He went on to say that the property is an existing structure, there
is no change in the building; the existing building when the zoning was first
put in was zoned R-3a which is for a rooming house and that he wants to use
it for a rooming house, and wanted to know if the property would have to be
considered a change from a 2-family to a multi-family dwelling ; and if there
is a change, that he is requesting a variance. Building Commissioner Hoard
then stated that they have ruled that the building cannot be converted to
multiple-family use because it does not meet the requirements for multiple-
�,,elling use, and that Mr. Carroll is saying that since the building isn 't
changing at all , it shouldn 't need to have a variance. Mr. Van Cort then
stated that the ordinance says that any use change in a non-conforming
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• structure requires a variance. Mr . Steir then asked Mr. Carroll exactly what
he proposes to do. Mr. Carroll stated that he has the property for sale and
has a potential buyer who wants to rent out individual bedrooms ; there would
be six rooms on one side of the house and five rooms on the other side, rather
than have a 2-family house. He went on to say that they were all existing
rooms , but there was no parking. He said that he thinks one side yard is OK
and Mr. Hoard agreed. He went on to say that there are at least 3 other
properties in the immediate neighborhood that are rented as rooming houses
or cooperative houses which all have the same problems ; no parking and same
type of side yards, rear yards and lot coverage. Bill Gaffney, a member of
the Ithaca Neighborhood Housing Services ' Community-Government Relations
Committee, speaking in their behalf, expressed concern about the parking and
the house being used as a rooming house. Mr. Van Cort commented on Mr.
Carroll ' s remarks on his rights as a pre-existing use under the ordinance.
He further explained that the ordinance allows the continuation of non-conform-
ing use with no exceptions . However , it does not allow the intensification
or modification of non-conforming use without a variance. That is why the
appellant does need a variance when it changes to another type of residential
use. Mr. Stein then asked for a staff recommendation. Mr. Van Cort said
the staff very strongly recommends against this variance for the reasons
that it will increase the density problems and the parking problem on
Cascadilla St. ; that it is an exceptionally small lot and, in general , that
it would have a detrimental effect on the neighborhood. He stated that it
is presently a very nicely-kept building and that its modification to a
boarding house could have a substantial negative effect.
• Ms. Cummings asked Mr. Van Cort if there were any communications . Mr. Van
Cort then presented a petition signed by 10 persons living in the 100 block .
of Cascadilla Street, except for one person living on N. Geneva St. Mr.
31
Stein
Stein then read the petition to the Board, which is attached hereto and made. _ 1
a part of these minutes.
On Motion by Sue Cummings , SECONDED by Ethel Nichols , it was MOVED to recommend
DENIAL of this appeal . Motion PASSED unanimously.
APPEAL 1295: Area variance to permit use of the property at 314 W.
State Street for a Planned Parenthood Clinic. The
property, in a B-2a (Business) district, is deficient in
off-street parking. Richard Stumbar of 1532 Slaterville
Rd. , a member of the Board of Directors of Planned
Parenthood, stated that Planned Parenthood is presently
at Sage Infirmary at Cornell ; Planned Parenthood pur-
chased this building, 314 W. State St. , last summer.
Photographs showing the building of the former Shea-Tryon
Funeral Home at 314 W. State St. , were then passed around.
He stated that the clinic is basically family planning
functions : birth control , etc. He stated that during
the normal 40-hour week, 9-5, there are 9 employees ,
counselors , nurses , etc. , but when they would be running
the clinics, 12 hours a week, during working hours ,
there would be as many as 24 people there. He stated
• that there was not enough off-street parking and that
they' re planning on renovating the first and second
floors , about 4000 SF, for counseling rooms, waiting
room and clinics. 4000 SF requires 16 off-street parking
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places. Directly across the street is a municipal parking
lot which has approx. 40 of-F-street parking spaces. He
said the character of the neighborhood is generally mixed:
non-residential , commercial . He said he didn 't feel it
would have a negative impact on the area; if anything
it would have a positive effect by bringing 9 extra
workers to the downtown area; the community will have
better access to this facility, and that there is not a
substantial parking problem.
Mr. Van Cort then stated that staff recommendation was in FAVOR of this
variance; that the use is an appropriate one for West State Street, and that
the building will be preserved and kept in good condition. Mrs . Nichols men-
tioned the fact that there is proximity to public transportation and reason-
able closeness to a neighborhood that it might be expected to serve, and
that there will probably be a number of patients arriving on foot. Ms. Cumm-
ings, SECONDED by Mr. Moran, moved to recommend APPROVAL. Motion PASSED
unanimously.
SIGN Variance to permit retention of existing Asiatic Garden
APPEAL Restaurant sign at 114-118 W. State St. in a business
2-2-80: district. Sign projects more than 18" off a sidewalk
and more than 18" from the face of the building, exceed-
ing total area permitted. Appellant also requested
designation of the sign as historic. This appeal was
also POSTPONED.
SIGN Variance to permit retention of existing Cayuga Electric
APPEAL Supply Co. sign at 307 W. Lincoln Street in a residential
2-3-80: district. Sign exceeds total area permitted. Mr. Stein
mentioned that the City sign control ordinance was
enacted over 7 years ago; in the ordinance a number of
standards were established, and it was specified that
at the end of a period of time deemed to be adequate to
amortize the costs of the existing signs , all signs must
be brought into conformance. That 7-year time period
came to an end in August 1979. From August 1979 to this
point, they have received a number of sign appeals .
He went on to say that the Common Council passed an
ordinante pertaining to historic signs ; that the
Ithaca Landmarks Preservation Commission judges whether a
sign is historic, and those may be retained if they are
judged to be historic. Building Commissioner Hoard then
went on to say that the present sign at Cayuga Electric
is 23 SF; that 5 SF is permitted in a residential zone.
Attorney Murray Lewis then spoke on behalf of the
appellant, Newton Williams , stating that Cayuga Elec. has
had this sign on the building since 1966; that the bldg.
faces Rt. 13 and does not face the residential area.
He then passed around a photo. He mentioned that none
of the neighbors in the area face the sign; they are not
making any changes , only asking that the same sign be
allowed to remain on the building. Carl Stokes of
" - 605 Willow Ave. , stated that he has lived there for the
> past 3 years and has no objections to the sign .
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• When asked for a staff recommendation , Nr. Van Cori-, stated that in discussing
this with staff member Jon Meigs , Mr. Meigs felt that it should be restricted
to the amount of sign allowable in a residential zone. Mr. Van Cort felt that
it's a nicely-designed sign , modest in size and that one should take into con-
sideration the fact that if this were in a commercial zone, the allowable size
would be far greater than the sign on the building. He then went on to say
that he recommends APPROVAL.
Ms . Cummings , SECONDED by Mr. Holmes , moved to RECOMMEND APPROVAL. Motion
PASSED unanimously.
SIGN Variance to permit retention of existing Tech Hi Fi
APPEAL signs at 205 Dryden Road in a business district. The
2-4-80: signs exceed the total area permitted.
Mr. Van Cort stated that the ordinance would require the removal of the smaller
sign which faces College Ave. on the side of the building, and in addition , the
sign which faces Dryden Rd. is larger than is permitted. Building Commissioner
Hoard said that the maximum permitted based on the frontage of the building
is 42-3/4 SF; the existing signs total 70 SF: the sign on the front of the bldg.
is 45 SF and 43 is permitted , and the sign on the side is 25 SF. Mr. Van
Cort stated that the larger of the signs , which faces Dryden Rd . , is close
to being permitted; a second sign is allowed only if a property has frontage
on two sides . Richard Goldman, one of the owners of the business , stated
that they bought the business last July from a corporation that had permits
that allowed them to build these signs in 1975, and that the signs werepart
of the price of the business . Since they were granted permits by the Bldg.
Dept. in 1975 and the ordinance was passed in 1973 or 1974 to take effect
in 1979, they felt they certainly conformed to the requirements . He also stated
that the side that faces College Ave. almost acts like a corner because there 's
nothing blocking it; it essentially is the corner location , and it gives them
visibility to most of the traffic that comes up Dryden Road.
Mr. Van Cort then stated that, again, he and Mr. Meigs had a slight difference
of opinion on this. Mr. Meigs felt that the sign on the side should defin-: ely
rot be allowed, and that if the larger sign significantly exceeded the permitted
size, it should be brought into conformance; Mr. Van Cort felt that the smaller
of the two should be taken down, out given the circumstances, with the larger
of the two so close to the permitted size, he felt that consideration should be
given to permitting the larger of the two to remain. Mr. Moore asked if the
smaller of the two signs would be permitted. Mr. Van Cort said that that sign
alone would be permitted. Ms . Cummings then MOVED to recommend DENIAL of the
whole appeal , but recommended in favor of retention of the larger sign. Mr.
Moore seconded the motion. Mr. Moran asked for discussion in which he questioned
why appellants should suffer financial hardship when a permit was granted to them
in 1975. By a 4 - 1 vote, the motion PASSED, with Mr. Moran voting no.
SIGN Variance to permit retention of existing AAA sign at
APPEAL 328 N. Meadow Street in a B-4 district. The sign projects
. 2-5-80: more than 18" from the building face and within 18" of a
public highway, waterway or sidewalk.
^. Hoard explained that this appeal was for the projecting sign which projects
5'.; feet from the face of the building; only 18" is permitted, and it also projects
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within 18" of a public right-of-way that runs along the face of the building .
Mr. Van Cort explained that there are 2 signs on the Court St. side of the
building and the Ordinance says if a sign is affixed to a window, it is a sign.
If it is not affixed to the window, it is not a sign. Eleanor Lynch, manager
of the Ithaca AAA, stated that they wanted to keep the sign facing Route 13,
so people traveling through the city would know where they were located. Mr.
Van Cort stated that staff does not recommend approval ; the AAA sign should
conform to the Ordinance and not protrude more than the allowable 18" . Ms, Lynch
asked if they could retain the same sign but place it parallel to the building.
Chairman Stein stated that that would be permitted if it didn 't go over the 18" .
Ms. Lynch mentioned that the sign was on a freestanding pole. Mr. Van Cort said
the sign could be affixed right on the building exactly in the size they now have.
Ms. Cummings questioned the difference between a freestanding sign and a project-
ing sign. Mr. Van Cort said that another problem with this is that it is within
18" of the R/W or the edge of the street. Ms. Cummings then MOVED to recommend
DENIAL with the exception that the sign can be changed around to conform with
the Ordinance, seconded by Mr, Moran. Mr. Moore then asked if it was really
appropriate to say how we would want the sign done; the argument of visibility
for motorists coming down Meadow Street is very persuasive, and he felt that
the Board shouldn 't say that they would prefer to see that sign running against
the building rather than having a smaller sign perpendicular to the building,
Mr, Moore then made a motion to delete the second part of Ms. Cummings ' motion ,
because he felt that the discussion here was clarification enough, Mr. Holmes
seconded, Motion PASSED unanimously,
SIGN Variance to permit retention of existing Chanticleer
APPEAL Restaurant sign at 101 W. State Street in a B-3 (business)
2-6-80: district. The sign projects more than 18" from the building
face. Appellant is also requesting designation of the sign
as an historic sign.
Mr. Van Cort said this appeal was postponed,
7. Communications: Referral from Common Council meeting of January 4: extension
of Summer 1979 moratorium on licenses i'or bars, etc. in CBD.
In reviewing the problem, Alderman Nichols stated that last summer it was called
to the attention of the Mayor and Common Council that the police were having a
difficult time enforcing closing hours and various other regulations connected
with the Alcohol Beverage Control laws and there was concern about certain blocks
in the downtown area where a large number of liquor licenses were given for on-
and off-premises consumption. She further stated that although the local Alcohol
Beverage Control. Board makes recommendations to the State; the State issues these
licenses and actually never refuse people unless there 's a criminal record or
something of that sort; that the market regulates the supply of bars. She said
because of the honky-tonk atmosphere that resulted in certain neighborhoods,
Common Council asked for a temporary moratorium which was passed in September,
then in October they passed another one which expired 31 December. When it was
suggested that the moratorium be revived, the matter was referred to the Planning
Board by Council for recommendation.
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• She stated that Charter & Ordinance Committee of Council did study the possibility
of changing the zoning law to say that there could not be more than 2 bars per
block, etc. , but she '_�elieved Council was ready to extend this moratorium again
if the Planning Board indicated it was better than trying to change the zoning law.
Ms. Nichols further said that the law that gives the state the authority to regulate
this was passed in 1932 when prohibition ended and is considered to be a social
benefit in that localities should be able to regulate the location and distribution
of drinking establishments. Mr. Moore brought up the difficulties the police are
having. Mrs. Nichols stated that the majority of the problems are in the 100
block of N. Aurora St. ; the Commons is under control because of the Open Container
Law that is in effect and reasonably enforced, She stated that the Commons Advisory
Board has also asked that the moratorium be extended because of the peripheral
streets. Mr. Moran stated that the Open Container Law should be strictly enforced
in the No. Aurora St. region as well . Alderman Nichols said she would being the
point up about the Open Container Law and that it is on Council 's agenda.
After general discussion between the Board members, Chairman Stein asked for a vote.
Mr. Moore than MOVED to recommend support of the extension of the moratorium for
6 more months, seconded by Mr. Moran. Sue Cummingsvoting no; Mr. Holmes and Ms.
Nichols abstaining. 2 - YES; 1 - NO; 2 - ABSTENSIONS.
8. Committee Reports - None
9. Old Business - None
10. New Business: Exposition Grounds , Mr. Van Cort stated that the community
group proposing construction of the permanent facilities in Southwest Park for
an annual Tompkins County Exposition, have asked to come back next month with
a film on fairs, etc. No referral to a committee, Postponed for one month.
11 . Chairperson' s Report: Having disposed of the matters on the agenda, Chairman
Stein then resumed the Chairperson' s Report. He told the members of the Board that
he had submitted his resignation to the Mayor as Chairman and as a member of the
Planning Board. He stated that he had agreed to attend this meeting to help re-
organize the Board, but that this would be his last meeting as he has served on
the Board for 3 years and felt it was time to move onto other things
Chairman Stein said he had discussed with Mr. Van Cort the committee structures
that were established for the first time last year; and, with Mr. Van Cort 's
concurrence, he had some suggestions and changes. He informed the Board that
a new chairman would be appointed soon, who may wish to make some changes , but
Mr. Stein ' s suggestions might help provide a structure. He said he had reviewed
the entire committee structure and decided that of that group, 5 of those
committees should be retained, of which three are essentially the same and two
are slightly changed to have new functions. The five committees are:
1 . Neighborhood Development & Housing
2. Codes and Administration
3. Economic Development
4. Urban Design & Historic Preservation
5. Transportation, Recreation & Public Facilities
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Page 10
Chairman Stein further stated that from his experience on the Board, he felt
that virtually all matters that come before the Board should be taken up by
committees. He went on to say that during the last year the Board had relatively
little opportunity to do what is most important; that is considering matters
pertaining to future planning and development for the City of Ithaca. He stated
that time has been consumed with matters of much importance; however, careful
consideration and thought should be given to developing planning policies and
programs and that strengthening the committee structures would prove beneficial
in getting the Board back into that business; giving the staff guidance, support
and direction. Chairman Stein stated that staffing of the committees is very
important and that he had decided to have 2-member committees; to enable better
work done in thinking out and developing policies at the committee level so that
less time is spent at the Board level . He said the committees should being into
the Board meetings the results of their thought processes during their committee
deliberations. He thought the Chairman of the Board should serve as a member of
every committee if he or she chose to attend, but was not making assignments of
the Chairman. He stated that each member of the Board would have 2 committee
assignments and be chairman of one of the committees, and there would not be any
committee with all new people. He then read the committee assignments to the Board:
Chairman Member
Neighborhood Development & Housing MacInnnes Holmies
Nichols
Codes and Administration Moore Cummings
Nichols
Economic Development Moran Moore
Urban Design & Historic Preservation Cummings MacInnes
Transportation, Recreation & Public Fac. Holmes Moran
hairman Stein stated that Neighborhood Development & Housing , Economic Development,
and Urban Design and Historic Preservation are the same 3 committees as last year.
The Social Cultural Development Committee had no issues assigned last year, there-
fore it was d-copped. Codes & Ordinance Committees was changed to Cc 'es and
Administration Committee in order to have a dual function, such as personnel and
administrative matters.
The entirely new committee is Transportation, Recreation and Public Facilites
Committee.
Chairman Stein then reviewed some of the pending issues he fe't should be on the
agenda for the coming year, and assigned them to the committees. Ile also mentioned
that the new Chairman of the Planning Board would be appointed by the Mayor; that
the Board usually has a 'lice-Chairman and should have a Vice-Chairman. He said that
assuming a new chairman would be appointed for the February meeting ; that at that
meeting the members should elect a vice-chairman. He then went on to discuss the
various pending issues for the Planning and Development Committees :
P & D Minutes
Page 11
• City Graphics System - Assigned to the Urban Design & '-Historic Preservation Committee.
Chairman Stein r„�_ntioned that this has been around for at
least three years and in one way or another something should
be done with it, either by Council or the Board. If not,
a closure is needed on this.
Route 13 Alignment - Assigned to Transportation, Recreation and Public Facilities
Committee. Mr. Stein stated that this came up at either a
November or Deember meeting and what has to be examined is
whether the proposed Route 13 realignment will have any effect
on the City and whether the City should take a position on
this or not. If it is decided at the committee level that this
mould not have an effect on the City, then it should be closed
out.
East State Street Truck Traffic - Assigned to Neighborhood Development & Housing
Committee. Chairman Stein stated that he was
assigning this issue to the Neighborhood Committee
rather than Transportation because while it seems
like a transportation issue, its impact is on the
neighborhoods.
Urban Cultural Parks Program - Assigned to the Economic Development Committee. This
program is being developed by the State of New York;
and may have some relevance or the City of Ithaca.
• Chairman Stein said that the program should be looked
at to see if it has any potential for Ithaca. He
explained that an Urban Cultural Park is a concept which
combines economic development, historic preservation,
public parks and public education; in an attempt to
coordinate the 4 activities in urban localities; an
economic function with living communities.
Possible Move of County Offices to Hospital - Assigned to Economic Development Committee
Chairman Stein read a letter from John
Marcham, a member of the Board of Repre-
sentatives in which he asked for City
government feelings about this. Mr.
Marcham's letter is attached to these
minutes.
Historic Signs - Assigned to Codes & Administration Committee. Chairman Stein
stated that in the Ordinance that was passed last year, it was
his hopes that historic signs would become the province of the
Landmarks Commission; and not go through the review process with
the BZA as it does now. He stated he thought it would be worthwhile
looking at the Ordinance in that respect to see if it might be
desirable to correct the deficiencies in the two steps of review
by both the Planning Board and BZA. He said the Planning Board
always takes the recommendation of ILPC anyway and that power and
. responsibility should be delegated to the Landmarks Commission.
P & D Minutes
Page 12
Housing sites for the Elderly - Assigned to Neighborhood Development & Housing
Committee.
Access for Handicapped to Public Facilities - Assigned to Transportation, Recreation
and Public Facilities Committee. Mr.
Stein mentioned that this was of parti-
cular interest to Mayor Bordoni and
others.
Public School Buildings (E. Hill School ) - Assigned to Neighborhood Development and
Housing Committee.
After further general discussion on these matters, Mr. Van Cort asked for the
floor. Noting Mr. Stein 's enviable record of civic service, he expressed his
appreciation for the assistance given him from the beginning of his tenure as
Director by Mr. Stein, and stated that his close professional advice and guidance
in planning matters will be missed.
Ms. Cummings told members of the Board that Neighborhood Housing would be giving
a presentation at the Common Council meeting February 6th and was the first
agenda item.
12. On motion by Mr, Moran, seconded by Mr. Moore, the meeting adjourned
at 11 :10 p.m.
January 29, 1980
Stuart Stein, Chairman
Planning and Development Board
City of Ithaca
City Hall
108 East Green Street
Ithaca, New York
Subject: Variance Request for 108 Cascadilla Street
To be considered at January 29, 1980 meeting of the Planning
and Development Board
We, the undersigned residents of the 100 block of Cascadilla Street,
oppose a use variance for property owned by the estate of Wilmar W. Carroll .
This opposition is based upon the Building Commissioner' s denial of a
Permit for Use (Board of Zoning Appeals, Appeal No. 1294 dated January 17, 1980) ,
which cited the following considerations (applicable Zoning Ordinance Articles
cited) .
1 . lack of adequate off-street parking (Art 3, Sect. 30.37)
2. lot coverage (Art 3, Sect, 30.34)
3. front yard deficiency (Art 3, Sect. 30,35)
4. one side yard deficiency (Art 3, Sect. 30.35)
5. rear yard as percentage of depth (Art 3, Sect, 30.35)
In addition to these considerations, we feel that the granting of a variance
to enable 108 Cascadilla Street to be turned into a boarding house would detract
from the residential spirit of our neighborhood. Inadequate and limited on-street
parking will become even more strained if the number of occupants in the structure
increases. Traffic can be expected to increase in the neighborhood, which is a
particular concern since a traffic signal was installed at the intersection of
Cascadilla and Meadow Streets, which prompted a discernible increase in automobile
and truck traffic through our neighborhood.
-2-
Vie feel that an undue hardship to the estate of Wilmar W. Carroll will
not occur if the variance is denied, and respectfully request the Planning
and Development Board to turn down this request.
Sincerely,
A✓
Ae
I r S�c sczqt ll et `�)�4C�r-
VJA
7
O�•••. .. �Od
CITY OP ITHACA
1 O8 EAST GREEN STREET
ITHACA, NEW YORK I 48SO
OFFICE OF TELEPHONE 2712-1713
BUILDING COMMISSIONER January 8, 19980 CODE 60?
Guy J. & Mary E. Natali
515 North Cayuga Street
Ithaca, New York 14850
Re: Board of Zoning Appeals
Meeting of January 7, 1980
Appeal No. 1288
517 N. Cayuga Street
Dear Mr. & Mrs. Natali :
The decision of the Board was as follows:
Motion was made that the Board grant the use variance requested in appeal
number 1288 with the following conditions : a) that the front yard be main-
tained in an orderly and neat manner as long as the existing tenant remains,
and b) if the tenant changes, the landlord will be required to return to the
Zoning Board for a new variance, and c) that on-the- lot storage of vehicles be
restricted only to the cars actually undergoing repairs.
Findings of fact:
1 ) Strict application of the ordinance would produce financial hardship to
convert use of the property to one of the uses permitted.
2) This use does not change the character of the neighborhood,
3) It is a less intense use of that property than the previous use as a
gas station.
Vote: 5 Yes; 0 No; 1 Absent. Use variance granted with conditions.
Very truly yours,
i
Thomas�D.HHOa' d, S 'cretary
Board of Zoning Appeals
TDH:br
CC : Elizabeth Yanoff
An rq al 0-portun;1y E-rnplover with an
Affi:Inative Action Program
on, (-"r- r,"NcA
JAN 2u
327 Spencer Road
Ithaca, New York
14850
January 27, 1980
Mr. Thomas D. Hoard
Building Commissioner,
Zoning Officer
City Hall
108 East Green St.
Ithaca, New York
14850
Dear Mr. Hoard;
As I am unable to attend the zoning variance hearing scheduled
for February 4, 1 am writing in reference to Appeal No. 1293,
U-Haul Co. of Central New York.
I find two of the requested variances, in, particular, rather
disturbing. The reasons are varied, but may be condensed to
the following:
a) Area variance, Section 30.43, minimum setback from a
stream. As an engineer, I have seen the damage that
may result from construction adjacent to a waterway.
A minimum setback may be defended from the standpoint
of hydraulics. Violation of the specified setback
often results in one or both of the following occur-
ances : the offending structure suffers damage, either
from flooding or foundation erosion, or, flood damage
upstream is increased due to the constricted flood-
plain. it must be emphasized that in either occurance,
damage may not be limited to the structure in question,
and could thus well constitute a public safety hazard.
I am hopeful that the Board will not grant this variance,
without sound engineering assurance that my reservations
above are without basis in this case.
b) Use variance, Section 30.36. As relatively new residents
of Spencer Road, and the City of Ithaca, my wife and I
may not be entirely objective in our opposition to this
requested .variance. We enjoy our home , and the city;
we are, understandably, concerned by the attempted busi-
ness encroachment into our neighborhood. Spencer Road
is a residential street, a viable one. Traffic problems
are beginning to surface, particularly since the improve-
ments to Route 13.
-2-
When one considers that U-Haul is a traffic-oriented
business, and that their parking situation is already
problematic at times, it becomes apparent that the
construction of this access onto Spencer Road may
well cause a significant increase in the traffic vol-
ume on Spencer. As it is a minimal two lanes wide
at best, it is not hard to visualize what will result
if rental vehicles are parked or stopped on the road.
The improvements to Route 13 in that area were imple-
mented primarily to upgrade traffic flow. I suggest
that U-Haul take advantage of this rather costly
project, rather than to create additional traffic
problems on adjacent streets.
On a more general plane, I am of the opinion that
residential neighborhoods in any city should gener-
ally take precedence over business considerations.
The "heart" of this city is its residential areas;
I suspect much of the operating capital for Ithaca is
gleaned from these areas (my property taxes attest to
thatl.) , and that this resource is vital to the city's
future. The city of Ithaca derives much of its unique
charm from the fact that it is indeed still a viable
residential community. Many of Ithaca's advantages
can be attributed to its residential nature : the
relatively low crime rate, the success of downtown
businesses , including the Commons, and its generally
clean, positive environment.
In closing, Mr. Hoard, let me say that zoning laws are enacted
to ensure that private property is utilized in ways that do
not create a nuisance or hazard for other citizens, or degrade
the quality of the area. I hope that the Board will not pass
the requested variances ; I hope that we have not reached the
point where the Almighty Dollar is more important than people.
The honest pursuit of profits is an inalienable right, but
only until it infringes upon the rights and freedoms of others.
Thank you for your time spent is reading this rather long
(and occasionally dramatic) discourse, Mr. Hoard. As I said
earlier, we like Ithaca, and we like the peace of our home;
we ask that it may continue.
Sincerely Yours ,
James G. Orbison
JOHN MARCHAM RE—COVED JAN 113$0
414 EAST BUFFALO STREET
ITHACA. NEW YORK 14590 Jan. 11, .1980
Mayor Ray Bordoni
Dear Ray,
This subject is really the prime responsi-
bility of" other city reps, but I am writing .to
repeat a message that I wrote to Ed;'°Conley in
late November 1978, with copies to ;:Stu Stein
and Tyss Van Court.
The county has a committee of reps studying
possible uses for the old. hospital. One that
will be given the most serious consideration is
moving mitt county employes from downtown. It
seems to me the city g=overnment has an interest
in whether the workers continue to park, eat, .
and shop downtown, as well as with the traffic
that clients generate of the same sort in coming
to county offices. We would fall all over
ourselves to attract a business with that many
employes, so I think it would be helpful for
all city reps to be made aware of city govern-
ment feelinv about this, and any information,
etc. you Lay want to give us .
One alternative to county employes going to
the hospital would be to attract a state re-
gional office to use the hospital, so we could
keep the employes downtown. Jean Angell is
aware of my concerns and of this suggestion.
The county committee consists of Harris
Dates, Jim Ray, Don Culligan, Jack Clynes, and
(just appointed) henry Theisen.
I 'm sending a copy of this letter to the
other city reps so they will understand if you
or others in city government get in touch with
them on the subject. I never did hear any-
thing back from the city in response to my
earlier letter.
Best regards,
BOARD OF ZONING APPEALS - DECISIONS
Meeting of February 4, 1980
APPEAL 1289: Area variance for conversion of 319 Hillview Place to a 2-family
home; APPROVED 4-0.
Findings: Condition and appearance of property will be improved;
variances are minor; use is permitted; adequate parking will be
provided; neighborhood character will not change.
APPEAL 1290: Area variance to permit 4 additional bedrooms., n rebuilding
fire-damaged house at 105-_107 N. Quarry St APPROVED 4-0 on
condition bedrooms not exceed 119SF, no north-facing windows on
3rd floor, maximum occupancy be 15 tenants, one per bedroom.
Findings: With conditions stated, density of use not increased;
neighborhood character not changed; parking is adequate; non
conformities are minimal •, building could be rebuilt to original
form, but proposal> for single-occupancy bedrooms will be an
improvement; roof design is not within BZA perview.
SIGNI APPEAL 2-5-80: Retention of AAA sign at 328 N. Meadow, DENIED 4-0.
Findings: Sign protrudes too far from building and too close
to R.O.W. , it would be no hardship to affix sign to building;
building is easily identified by sign on north side, and would be
easily identified by affixing the present sign to the east side;
problem of 'side friction ' on Meadow is compounded with a sign
overhanding the R,O,W.
APPEAL 1291 : Use variance to permit rental of space in building located at
102 Adams Street for a silk screening business. APPROVED 4-`gip=_
Findings, _.Proposed use will not generate customer traffic; will
nvo_1_ve only 2-4 employees; retail operation associated with
business located elsewhere, in a business district; ample parking.
APPEAL 1292: Use variance to permit rental of space in building located at
`102 Adams Street for piano repair and storage. APPROVED 4-0.
Findings':" proposed use will not generate customer traffic;
will not adversely affect the residential character of the
neighborhood; retail operation is located outside city limits;
ample parking,
APPEAL 1294: Area variance to permit conversion of two--family house at 108-
110 Cascadilla Street to a multiple dwelling. DENIED 4-0.
Findings: Multiple and substantial deficiencies; would increase
density of neighborhood and contribute to an already heavy traffic
flow; no provision for adequate off-street parking; testimony and
petition from neighbors that a conversion would be harmful to the
neighborhood; substantial neighborhood opposition.
APPEAL 1295; Area variance to permit use of property at 314 W. State St. for a
Planned Parenthood clinic. APPROVED 4-0.
Findings: Proposed use will not change character of neighborhood;
deficiency in parking spaces is made up by adequate on-street
parking as well as Municipal parking lot which has space for 40
vehicles.
BZA Decisions
February 4, 1980 Meeting
SIGN APPEAL 11-2-79: Sign variance to permit retention of existing signs
at 140 Thurston Avenue, Alpha Epsilon Pi fraternity.
DENIED 4 - 0.
Findings: sign exceeds the more liberal size permitted for
social organizations by over three times; no. evidence of
undue hardship to comply with the existing sign ordinance.
SIGN APPEAL 2-4-80: Sign variance to permit retention of existing signs at
205 Dryden Road; signs exceed the total area permitted.
Decision POSTPONED pending discussion with the City Attorney.
F