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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 P & D Minutes Page 2 • 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 P & D Minutes Page 3 • 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 P & D Minutes Page 4 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 P & D Minutes Page 5 • 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 P & D Minutes Page 6 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 . P & D Minutes Page 7 • 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 P & D Minutes Page 8 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. P & D Minutes Page 9 • 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 P & D Minutes 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