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HomeMy WebLinkAbout1981-PDB-Agendas PLANNING & DEVELOPMENT BOARD NOTICE OF MEETING The regular meeting of the Planning and Development Board will be held Tuesday, December 22, 1981, at: 7:30 PM in the Common Council Chambers, City Hall , 108 E. Green St. , Ithaca, NY AGENDA 1, Call to order. 2, Approval of November 1981 Minutes, 3. Chairman's report, if any, 4. Committee reports, if any, 5, Old Business; if any, 6. ZONING APPEALS CASES (8:30 PM) 7. New Business, if any. 8. Miscellaneous, 9. Adjournment, DECEMBER ZONING APPEALS CASES SIGN.-- IGN APPFAI.__ _1-1-82: State Diner, 428 W. State St: existing nonconforming, treestanding sign exceeds area permitted, but has been determined by the Landmarks Commission to substantially meet the criteria for historic sign status, and variance is sought to retain it on that basis. APPEAL 1413: Area Variances to permit construction of carport for single- family residence at 105 Vinegar Hill , in an R2a zone. Existing front yard and lot width are deficient; carport would be in front yard, which is not permitted, and would encroach on one required side yard. This lot and the one adjacent have been illegally subdivided. APPEAL 1414: Area Variances to permit conversion of 2 upper floors of the Valley House, 801 W. Buffalo St. , in a B-4 zone, to ten apartments. Previous appeal was denied for lack of off-street parking; existing deficiencies in lot size, rear yard, and excessive lot coverage were also cited. Appeal is resubmitted with a plan for providing ten parking spaces and landscaping of the parking area. APPEAL 1415: Area Variances to permit addition of a bathroom for one of two units at 701 N. Aurora St. ; in an R-2b zone, Property is deficient in side and rear yards, and off-street parking. Bathroom would encroach on required side yard, but would not extend beyond line of existing structure. APPEAL 1416: Use Variance to permit continued use of first floor of 602 Cascadilla St. , in an R-3b zone, as workshop and storage area for owner-contractor Don Robertson. A previous appeal was granted to allow improvements to the second- floor apartment; owner seeks a limited-term variance to permit phased improve- ment of the property so that eventual reconversion of first floor to residential use may become financially feasible. Present use was allowed as a home occupation by previous Building Commissioner since owner resided at adjacent address at the time, and both properties were deeded together. APPEAL 1417: Interpretation and/or Use Variance to permit first floor of 329 S. Geneva St. , owned by K. and R. Lee, to be used as offices for psychi- atric social workers/therapists. Interpretation is sought to determine whether such use is the equivalent of medical or dental offices, which are permitted in the R-3a zone in which the property is located. If not, variance is sought since the first floor has been occupied by a chiropractor, and would require reconversion for residential use. A separate apartment occupies the second floor. The property is deficient in one side yard. PLANNING & DEVELOPMENT BOARD NOTICE OF MEETING The regular meeting of the Planning and Development Board will be held Tuesday, November 24,;1981, at 7:30 PM in the Common Council Chambers , City Hall , 108- E. Green St., Ithaca, NY. AGENDA 1. Call to order. 2. Public Hearings: a. Final Approval of subdivision of property at 105 Dryden Ct. b. Final Approval of subdivision of property at 503 S. Titus Ave. 3. Approval of October 1981 Minutes. 4. Chairman's report, if any. 5. Committee reports, if any. 6. Old Business: a. Action on subdivision of 105 Dryden Ct. b. Action on subdivision of 503 S. Titus Ave. 8. ZONING APPEALS CASES (8:30 PM) 9. New Business: a. Rezoning of County Property. The County has requested that all County property in the DeWitt Park be rezoned B-lb. This is an outgrowth of their earlier inquiry as to whether the City would consider rezoning of Boardman House to facilitate its sale; the fact that the rest of their property is legally nonconforming under its current P-1 zoning led to their requesting that all be handled in the same action. The Planning & Development Board made a favorable recommendation for re- zoning Boardman, on principle, and the Landmarks Commission recommended that Bldg. C (Assessment, Planning, Elections)' be included in any rezoning. The County request includes also the new Courthouse, Sheriff/ Jail , and parking areas. No official referral of this .re.quest has come from Common Council , since -2- the request has just been received. Department and other city staff would be involved in analyzing the request and preparing recommendations for city action. 10. Miscellaneous. 11. Adjournment. NOVEMBER ZONING APPEALS CASES APPEAL 1406: Area Variance to permit construction of a gable roof on the Fall Creek Laundromat, 1012 N. Aurora St. , in an R-.2b zone. The exist- ing buidling is nonconforming in use and in having a smaller rear yard setback than required; none of these nonconformities will be increased. APPEAL 1407: Area Variance to permit renovation of existing two-family house at 309 Second St. by Ithaca Neighborhood Housing Services. Since Building. Dept. records indicated the house was in single-family use, this is technically a use change, and variance for legally nonconforming side yard is requested; two-family use is permitted in the R'-3b zone`in which it is located. APPEAL 1408: Special Permit for cemetery use of property behind 208 Kline Rd. , in an.R-2a zone. The property was recently subdivided from 208 for this purpose, since it is adjacent to Lakeview Cemetery and. across a deep ravine from the portion of 208 which is in residential use. Cemetery use is per- mitted in the zone by Special Permit. APPEAL 1409: Area Variance to permit expansion of Zorba's Restaurant, 526 W. State St. , in a B-2a zone. Appellants state that they will provide for parking necessitated by expansion of seating capacity from 50 to 80, lack of which contributed to denial of this appeal by BZA at its last meeting. No change is proposed in the plan as presented in Appeal 1400. APPEAL 1410: Use and Area Variance to permit expansion of legal nonconform- ing use(s) of the Chamber of Commerce at 122 W. Court St. , in an R-3a zone. Variances are needed for office use, front yard setback, and parking to permit the Chamber to convert two existing apartments for its own and rental office space, and to provide new conference space in the attic. APPEAL 1411: Use Variance to permit construction of a rental bulk storage facility on property located on the east side of N. Meadow St. between Cascadilla and Hancock, in a B-2a zone. The bui.ldi.ng commissioner considers the proposed use to be 'bulk storage, ' which is not permitted in the zone; appellants contend that it is a retail use and thus should be permitted. APPEAL 1412: Area Variances-to permit addition to the rear of the Tioga Building, 412-14 N. Tioga St. , in the Courthouse Special Use District (C-SU) . Front and side yard setbacks are deficient for this legal nonconforming building. SIGN APPEAL 12-1-81: Permission to erect a sign larger than 5 S.F. on the building owned by Iry Lewis Inc. at 303 W. Lincoln St. , in an R-2b zone. PLANNING & DEVELOPMENT BOARD NOTICE OF MEETING i The regular meeting of the Planning and Development Board will be held Tuesday, October 27, 1981 , at 7:30 PM in the Common _Council Chambers, City Hall , 108 E. Green St., Ithaca, NY. AGENDA 1. Call to order. 2. Approval of August 1981 minutes.. 3. Chairman's report, if any. 4. Committee reports, ice. 5. Old Business, if any. 6. ' ZONING APPEALS CASES (8:30 PM) 7. New Business: Zoning Studies: Ongoing evaluation of the function and effect- iveness of zoning, as a major means of controlling land use and development, has identified two areas needing detailed study: 1) Appeal Process. Board Chair Susan Cummings has called for a systematic analysis of the results of appeals. Staff will direct this review, with assistance and advice from the Building Dept. and Ms. Cummings. The findings may lead to recommendations for improvements such as reduced case review time, more effective planning input, etc. 2) Northside Zoning. The area's zoning for multifamily residential use seems at variance with efforts to upgrade the neighborhood and improve homeownership_opport_unities for_low and moderate-income-residents. Staff, in coordination with IURA and INHS,__will supervise collection and analysis .-of. zoninq and land use data, and make appropriate recommend- ations based on the findings. 8. Miscellaneous. 9. Adjournment. ZONING APPEALS CASES SIGN APPEAL 11-1-81 : Variance under Sec. 34.6 (maximum area of signs in a business. district) of the Sign Ordinance to permit sign on the rear of the ISLE,OF YOU at 133 E.State St ` in a-B-3-distr_i,ct,J As proposed, total . signage_on-the__ building would exceed the maximum permitted based on the building frontage on the Commons. Appellant asks for additional signage because the rear of the building is on a public right-of-way and what will become a public parking area. Under Ordinance the additional signage would be permitted if the (city--owned) public right-of-way could be considered a public street. APPEAL 1399: Appeal of JFJ ENTERPRISES for Special Permit under Sec. 30.26, C-4 (standards for Special Permit uses_)_ to_permi_t conversion of the existing gas station at 920 Ne Cay St. to a,_convenience food store and self service gas station._ The property is located in an R-2b district in which a neighborhood commercial facility requires a special permit. The existing building will not be extended, other than a small addition for a built-in cooler. APPEAL 1400: Area Variance under Sec 30.25, Col . 4, 7, 12, .and 13 (off-street parking, lot width, and side yard setbacks) and Sec, 30.49 (expansion or enlargement of a non-conforming building) to permit expansion of ZORBA'S RESTAURANT at 526 W. State St. The property is in a B 4a district in which a restaurant is a permitted use, but is deficient in street parking lot width, and side yards. A variance was granted for this proposal in May 1978 (Appeal No. 1197), but construction did not begin within twelve consecutive months, so the variance expired. APPEAL 1401. Appeal of HARRISON RUE of ITHACA NEIGHBORHOOD HOUSING SERVICES, on behalf of ERTHERLEE BROUGHTON for Area Variance under Sec. 30.25, Col 7, 11 , 12, and 13 (lot width and front and one side yard setbacks) and Sec. 30.49 (enlarge- ment of non-conforming building) to permitconstructionof a small addition at the rear of the one-family dwelling at 223 Cleveland Ave. The property, in an R-2b district, is deficient in lot width and front and one side yard setbacks. APPEAL 1402: Area Variance under Sec. 30,25, Cola 4, 6, 10, and 14 (off-street parking, lot size, lot coverage, and rear yard depth) , to permit conversion of the upper two floors of 801 W. Buffalo St. (Valley House Restaurant) to ten apartments. The upper floors are currently unused, but contained hotel rooms when the building was: used as the Lehigh Valley Hotel . The property, in a B4 district where the use is permitted, is deficient in area and rear yard depth, the maximum lot coverage is exceeded, and may be deficient inn off-street parking for the proposed additional use. APPEAL 1403: Use Variance under Sec, 30.25, Col 3-(accessory uses) to permit use of portions of the former East Hi`1l School at 105=109 Stewart Ave, for an artist`s studio and a meeting room for tenants or neighborhood residents. The property is in an R-3a district in which such uses are not included as permitted accessory uses:. ZONING APPEALS CASES, PG. 2 APPEAL 1404: Appeal of .MARK HAAG for Area Variance under Sec. 30.25, Col . 41, 6, 79 13, and 14 (off-street parking, lot area, lot width, and side and rear yard setbacks) to permit subdivision of the property at 105.Dryden Court so that a portion of that property can be redeeded to Appellant part of adjacent property at 113 Oak Avenue. 105 Dryden Court, in an R-3a district, has no frontage on a city street or public right-of-way, is deficient in off-street parking, lot area and width at street line, and the rear yard will become non-conforming if the lot is divided as proposed. APPEAL 1405: Appeal of JOHN and AMY .PLACE for Area Variance under Sec. 30.25, Col . 4, 6, 7, 12, and 13- (off-street parking, lot area and width, and side yard set backs) , to permit conversion of the existing two-family house at 107 W. Clinton St. to two offices and a single dwelling unit. The property, in a B-4 district where the uses are permitted, is deficient in off--street parking, lot area and width, and .side yard set backs. PLANNING AND DEVELOPMENT BOARD NOTICE OF MEETING The regular meeting of the Planning and Development Board will be held Tuesday, September 29, 1981, at 7:30 PM in the Common Council Chambers, City Hall , 108 E. Green St. , Ithaca, NY. AGENDA 1. Call to order. 2. Approval of August 1981 minutes. 3. Chairman's report, if any. 4. Committee reports, if any. 5. Old Business (1) Route 96 Progress Report 6. ZONING APPEALS CASES (8.30 PM) 7. New Business, if any. 8. Miscellaneous. 9. Adjournment. -2- 6. ZONING APPEALS CASES APPEAL 1396: Appeal of JON K. & MONIKA R. CRISPIN for an Area Variance under Section 30.25, Columns 12, 13, and 14 (front, side and rear yard setbacks) and Section 30.49 (extension or enlargement of a non-conforming property) to permit construction of a raised deck between the existing house and garage at 111 Worth Street in an R-lb district. The property is deficient in one front and one side yard setback, and if the deck is constructed, the rear yard will also be deficient. APPEAL 1397: Appeal of STEVEN BLAIS, RICHARD GENEST, KENNETH KLIMPEL, CHRISTOPHER MEIER, KAREN RACHEL and FRANCESCA VERDIER for an Area Variance under Section 30.25, Columns 4, 11, 12, and 13 (off-street parking, front and. side yard setbacks) and Section 30.49 (change in use of a non-conforming property), to permit conversion of the two family- dwelling at 117 Hudson Street to a multiple dwelling.. Multiple dwellings are permitted in the R-3b district in which the property is located; however, the property is deficient in off- street parking and setbacks for front and side yards. APPEAL 1398: Appeal of ATLANTIC RICHFIELD COMPANY for an Area Variance under Section 30.25, Column 14 (rear yard) and Section 30.49 (change in use of a non-conforming property) to permit conversion of the gas station at 108-112 South Meadow Street to a convenience food store and gas station. The property is located in a B-4 district where the use is permitted; however, the building is too close to the rear property line. PLANNING & DEVELOPMENT BOARD NOTICE OF MEETING The regular meeting of the Planning & Development Board will be held Tuesday, August 25, 1981 , at 7:30 PM in the Common Council Chambers, City Hall , 108 E. Green St. , Ithaca, NY. AGENDA 1 . Call to order. 2. Public Hearings: (1 ) 614-618 W, Clinton Street: proposal by Ithaca Neighborhood Housing Services Inc. to divide the two existing parcels so that the adjacent minor portions of each can be combined to form a third legal building lot. (2) 306 S. Plain St./109 Cleveland Ave. : proposal by Ithaca Neighborhood Housing Services Inc. to transfer a portion of the rear yard of 306 S. Plain St. to the Cleveland Avenue property, making the latter more nearly conform with current zoning requirements. 3. Approval of July 1981 minutes. 4. Chairman's report, if any. 5. Committee reports, if any. 6. Old Business, if any. 7. ZONING APPEALS CASES (8:30 PM) 8. New Business: (1 ) Subdivisions -- action to approve, approve with modifications , or disapprove subdivisions at 614-618 W. Clinton St. and at 306 S. Plain St./109 Cleveland Ave. , if not taken immediately following the required public hearings. (2) Department budget for 1982: Director Van Cort will discuss the tentative budget. (3) Any other. 9. Miscellaneous, 10. Adjournment. { 2 7. ZONING APPEALS CASES: APPEAL 1385: Appeal of HOVANEC BUILDERS for Use Variance under Sect. 30.25, Col . 2 (permitted uses) to permit use of the property at 202-204 E. Falls Street and the parcel behind 210, 214, 218, 220, and 222 E. Falls Street, for a contractor's office, parking, and equipment ipment and materials storage. The parcel at 202-204 E. Falls Street is located in a B-2a (business) district in which a business office but not a contractor's shop is permitted; . the other parcel is located in an R-2b (residential ) district, in which commercial uses are not permitted. This appeal was held over by the P&D Board at its July 28, 1981 meeting. I I APPEAL 1387: Appeal of WSKG-TV-FM for Special Permit under Sect. 30.26-C-4 (special permit for radio tower) to permit addition of television and FM translators to the existing radio tower at 815 S. Aurora St. , in an R-3b district in which such towers may be permitted under special permit. The P&D Board heard this case in July, but since it was not properly advertised, it will be reheard. APPEAL 1388: Appeal of B. PHILIP for Use Variance under Sect. 30.25, Col . 2 (,permitted uses) and Area Variance under Sect. 30.25, Cols. 6, 7, 10, 11 , 12, 13 and 14 (lot size, width, coverage,-and front, side and rear yard setbacks) to permit conversion of an existing garage at the rear of 611 Utica St. to a third dwelling unit. The property is in an R-2b district in which only one or two-family dwellings are permitted. As proposed, the property would have deficient area and width; permitted coverage is already exceeded; and setbacks for front, side and rear yards would not be met. APPEAL 1389: Appeal of M. and V. ALBANESE for Area Variance under Sect. 30.25, Col . 13 (side yard) to permit conversion of the one-family dwelling at 428 S. Geneva St. to a two-family dwelling. The property, in an R-2b district in which two-family dwellings are permitted, is deficient in one side yard setback. APPEAL 1390: Appeal of IRV LEWIS, INC. for Use Variance under Sect. 30.25, Col . 2 (permitted uses) and Area Variance under Sect. 30.25, Col . 10 (lot coverage) , to permit use of 303 W. Lincoln St. for an office equipment sales and servicing business. The property is in an R-2b district where such businesses are not permitted, and permitted lot coverage would be exceeded. The property has been used until recently for light manufacturing, and has ''grandfather" rights for such use, but the proposed new use would not fall under. the same category. i i - - - - - - - - — — — J APPEAL 1391 : Appeal of TIOGA AND BUFFALO BUILDING CORP. for Area Variance under Sect. 30.25, Cols. Il and 14 (required minimum setbacks for front and rear yards) to permit construction of a five-story office building at 200 E. Buffalo St. The property is in a B-lb district, and if the building is constructed, will be deficient in required front and rear setbacks. A similar variance, granted by the Board in October, expired when a building permit was not obtained within a year. APPEAL 1392: Appeal of J. RANCICH and HOUSING OPPORTUNITIES AND ESSENTIAL SERVICES (H.O.M.E.S. ) for Area Variances under Sect. 30.25, Cols. 4 and 11 (off-street parking and front yard setback) and Sect. 30.26 (Special Conditions for Group Care Residences) to permit occupancy of 311 W. Buffalo St. by a Group Care Residence for six residents. The property, in an R-2b district in which a group residence is permitted under special conditions, is deficient in front yard setback and off-street parking, and does not meet the special conditions for lot width and side yard setbacks. APPEAL 1393: Appeal of C. J. ANAGNOST for Area Variance under Sect. 30.25, Col . 6 (lot area) to permit occupancy of the single—family house at 108 College Ave. by five unrelated individuals. Such occupancy would constitute a change in use to a multiple dwelling, permitted in the R-3b district in which the property is located, but the property is deficient in lot size for multiple dwelling. APPEAL 1394: Appeal of F. and J. HENRY for Area Variance under Sect., 30,49 (_extension or enlargement of a non-conforming building) and Sect. 30.25, Cols. 10, ll , 12, 13 and 15 (lot coverage, and front, side, and rear yard setbacks), to permit construction of a car- port covering most of the rear yard at 202 W. Yates St. The property is in an R-2b district, the permitted lot coverage is exceeded, and the property is deficient in front, side, and rear yards. APPEAL 1395: Appeal of C. LIN for Area Variance under Sect. 30.25, Cols. 4 and 6 (off- street parking and lot size) to permit occupancy of the single family house at 126 College Ave. by six or seven unrelated individuals. Such occupancy would constitute a change in use to a multiple dwelling, permitted in the R-3b district in which the property is located, but the property is deficient in off-street parking and lot size. Y PLANNING & DEVELOPMENT BOARD NOTICE OF MEETING The regular meeting of the Planning & Development Board will be held Tuesday, July 28, 1981 , at 7:30 PM in the Common Council Chambers, City Hall , 108 E. Green Street, Ithaca, NY. AGENDA 1 . Call to order. 2. Preliminary Subdivisions: (a) 614-618 W. Clinton St. : INHS proposes to combine the two existing parcels, previously owned by the Coop, and to redefine them as three equal lots, to be redeveloped, each with a free-standing two-family residence. (b) 306 S. Plain St. : INHS proposes to transfer a small part of the rear yard to 109 Cleveland Ave. , to make the latter more nearly conform to zoning requirements. INHS owns both properties. 3. Approval of June 1981 minutes. 4. Chairman's report, if any. 5. Committee reports, if any. 6. ZONING APPEALS (8:30 PM) -- See attached list. 7. New Business, if any. 8. Miscellaneous. 9. Adjournment. 6 . ZONING APPEALS CASES (8:30 PM) : APPEAL 1367: Appeal of BEATRICE N. DENNIS for Interpretation of the B-4 use designation or Use Variance under Sect. 30.25, Col . 2 (permitted uses) , to permit continued use of 1025 N. Tio a Street for offices for a contractor's business. The property is in an R-2b residential district in which business offices are not permitted. An insurance office was housed in the building under a use variance granted by the Board of Zoning Appeals, but when the contracting firm replaced the insurance office, the Building Commissioner ruled that the new use did not fall in the same use category and issued a cease and desist order. APPEAL 1381: Appeal of RONALD and ANN CEURVELS for Use and Area Variances under Sect. 30.25, Cols. 2 and 11 (permitted uses and required front yard) and Sect. 30.49 (enlarge- ment of a non-conforming structure) to permit a one-story addition to the rear of the apartment house at 506 Dryden Road for a dentist's office. A dentist's office is not a permitted use in the R-2a (residential ) district in which the property is located, and the property is deficient in front yard setback. APPEAL 1382: Appeal of RICHARD J. GENEST for Special Permit under Sect. 30.26 (require- ments for special permits) to use a portion of .the property at 227-231 Linden Avenue (WVBR Building) for a neighborhood health store. The property is in an R-3b (residential ) district in which a neighborhood commercial facility may be permitted under a special permit from the Board of Zoning Appeals. APPEAL 1383: Appeal of JONATHAN DAITCH and ANITA FATLAND for Area Variance under Sect. 30.25, Cols. 11 and 12 (front and side yard setbacks) to permit a single story solar room addition to the rear of the- house at 409 Cascadilla Street. The property, in an .R-3b (residential ) district, is deficient in front and one side yard setbacks. APPEAL 1384: Appeal of CLAYTON VICKERS for Area Variance under Sect. 30.25, Cols. 7 and 13 (lot width and side yard) to permit a one-story addition to the rear of the house at 326 Center Street for a dining room and bedroom. The property, in an R-2b (residential ) district, is deficient in width and in one side yard setback. „ r . o APPEAL 1385: Appeal of HOVANEC BUILDERS for Use Variance under Sect. 30.25, Col . 2 (permitted uses) to permit use of the property at 202-204 E. Falls Street and the parcel behind 210, 214, 218, 220, and 222 E. Falls Street, for a contractor's office, parking, and equipment and materials storage. The parcel at 202-204 E. Falls Street is located in a B-2a (business) district 4n which a business office but not a contractor's shop is permitted; the other parcel is located in an R-2b (residential ) district, in which commercial uses are not permitted. APPEAL 1386: Appeal of LINDA YOUNGMAN for Area Variance under Sect. 30.25, Cols. 6, 7, 10, 11 and 13 (lot size, width, coverage, and front and side yard setbacks). to permit conversion of the single family home at 407 Cascadilla Street to a two-family dwelling. The property, in an R-3b (residential ) district, is deficient in lot size, width, and front and rear yard setbacks, and permitted lot coverage is exceeded. APPEAL 1387: Appeal of WSKG-TV-FM for Special Permit under Sect. 30.26-C-4 (requirements for special permit for a radio tower) to permit addition of television and FM radio translators to the existing radio tower at 815 S. Aurora Street. The property is in an R-3b (residential ) district in which such towers may be permitted under special permit from the Board of Zoning Appeals. FANNING & DEVELOPMENT BOARD NOTICE OF MEETING The regular mee o Planning & Development Board will be held Tuesday, June 30, 1981 , J! 8.30 P in the Common Council Chambers, City Nall , 108 E. Green Street, I 14850. AGENDA 1 . Call to order. 2. Approval of May 1981 minutes. 3. Chairman's report, if any. 4. Committee reports, if any. 5. Old Business, if any. 6. ZONING APPEALS (8:30 PM) (See attached list) 7. New Business, if any. 8. Miscellaneous. 9. Adjournment. 6.t ZONNG .APPEALS CASES (8:30 PM) : APPEAL 1367: Appeal of BEATRICE N. DENNIS for an Interpretation of the B-4 use designation or a Use Variance under Sect: 30.25, Col .' 2 (permitted uses) , to permit continued use of 1025 N. Tioga Street for offices for a contractor's business, in an R-2b (residential ) dis- trict in which business offices are not permitted. An insurance office was housed in the building under variance, but when the contracting firm moved in to replace it, the Building Commissioner ruled that the new use did not fall in the same use category and issued a cease and desist order. APPEAL 1370: Appeal of MARGARET LIGUORI for Area 'Variances under Sect. 30.25, Cols. 4 and 11 (off-street parking and front yard setback) , and Sect. 30.49 (extension or enlargement of a non-conforming structure or use) to permit conversion of 113 Stewart Avenue from four apartments (seven bedrooms total ) to three apartments (sixteen bedrooms total ) . The property, in an R-3a (residential ) district, is deficient in off-street parking and front yard setback. This appeal was held over by the Planning and Development Board at its May meeting; a modified proposal may be presented. APPEAL 1372: Appeal of COSMO GATTO for Area Variance under Sect. 30.25, Cols. 7, 11 and 12 (lot width, front yard and side yard setbacks) to permit conversion of the existing single- family residence at 321 Hector Street to a two-family dwelling. The property, in an R-2a (residential ) district in which two-family dwellings are permitted, is deficient in width, front yard and side yard setbacks. APPEAL 1373: Appeal of ROBERT MILLER d/b/a CASCADILLA REALTY for Use and Area Variances under Sect. -30.25, Cols. 2, 4, 6, 11 and 13 (permitted uses, off-street parking, lot size, front and side yard setbacks) and Sect. 30.49 (extension or enlargement of a non-conforming use or structure) to permit conversion of an existing five apartment house at-408-410 N. Aurora Street to seven apartments, with no change in the total number of bedrooms.. The property is in an R-2b (residential ) district in which multiple dwellings are not permitted except as existing legal non-conforming uses, and the property has no off-street parking, and is deficient in lot area, front and side yard setbacks. APPEAL 1374: Appeal of the HENRY HIGHLAND GARNET LODGE for Use and Area Variances under Sect. 30.25, Cols. 2, 4, 11 , 12 and 14 (permitted use, off-street parking, required front yards, and minimum rear yard) to permit use of-401 Hancock Street for a lodge. The property, in an R-3b (residential ) district in which a lodge or private social club is not permitted, is deficient in off-street parking, front yard setbacks for two front yards, and rear yard depth. The property has been used as a legal non-conforming use as a paint store, but the proposed use would not fall under the "grandfather rights" thus established. APPEAL 1375: Appeal of RUTH MACERA for Area Variance under Sect. 30.25, Col . 13 (minimum sideyard requirement) to permit use of 422 N. Cayuga Street for four apartments. The property is located in an R-3a (residential ) district in which a multiple dwelling is permitted; however the property isceficient in one sideyard setback, and had been changed from three apartments plus a beauty shop to four apartments without a building permit. APPEAr 1376: Area Variance under Sect. 30.25, Col . 11 (required front yard) and 30.49 (enlargement of a non-conforming structure) to permit addition of a storage enclosure to 701 Spencer Road (EVAPORATED METAL FILMS). The building, in a B-5 (business) district, is deficient in front yard setback. APPEAL 1377: Appeal of J. DAVID OLDS, LEON A. OLDS, and ERIS 0. KIMBLE for Area Variances under Sect. 30.25, Cols. 4, 6, 11 , 13 and 14 (off-street parking, and front, sid, and rear yard setbacks) to permit conversion of the one-family dwelling-207 E. Court Street to office use. The property, in a B-la (business) district where offices are permitted, is non-conforming in that it is deficient in required lot size, front, side and rear yard setbacks, and will be deficient in off-street parking for the proposed use. (Appeals for this use were denied by BZA in January and February. and a request for reconsideration based on new information was denied in March.) APPEAL 1378: Appeal of RICHARD P. CLARKE for an Area Variance under Sect. 30.25, Cols. 4, 7 and 12 (off-street parking, lot width and sideyard setback) to permit use of- 108 Albany Street for an office. The property, in a B-2a (business) district in which the office use is permitted, is deficient in off-street parking, lot width, and one sideyard setback. APPEAL 1379: Appeal of HOUSING OPPORTUNITIES MANAGEMENT AND ESSENTIAL SERVICES for Area Variance under Sect. 30.26 (Special Conditions for Group Care Residences) to permit occupancy of 523 S. Albany-Street by a Group Care Residence. The property is in an R-2b (residential ) district in which a group care residence is permitted under special condition specified by the Zoning Ordinance. The property is deficient in off-street parking and sideyard setbacks necessary to meet the. Ordinance's special condition requirements. APPEAL 1380: Appeal of ROBIN AUBLE for Use and Area Variances under Sect. 30.25, Cols. 2, 7, 12, 13 and 14 (permitted uses, lot width, and setbacks for side and rear yards) to permi construction of a building at 410 W. Green Street for an electrical motor repair and retail business. The property, in a B-2a (business) district in which a motor repair business is not a permitted use, will be deficient in lot width, setbacks for both sideyard and yard depth if the building is constructed in the rear yard, replacing the existing barn The existing house will remain. PLANNING AND DEVELOP= HOARD NOTICE OF MEETING The regular meeting of the Planning and Development Board will be held Tuesday, April 28 , 1981 , at 7: 30 PM in the Common Council Chambers, City Hall , 108 East Green Street , Ithaca, N. Y. 14850 AGENDA 1 . Call to order. 2 . Approval of Minutes . 3. Staff Presentation : CD Housing Specialist Kathe Evans will discuss the draft CD/Small Cities Housing Assistance Pro- gram for the coming three years, along with the status of. the overall SS application and the reprogramming of funds for current activities. 4 . Chairman ' s Report . 5. Committee Reports, if any. 6 . Old Business : a. Discussion of 23 March memo on Zoning Appeal Review Procedures . b. Any other 7. ZONING APPEALS (8 :30 PM) SEE ATTACHED LIST 8. New Business : a. Preliminary Subdivision : a small (30 x 45) piece of a parcel at 200 Kline Road, subdivided in 1980, is proposed to be transferred to the adjacent cemetery. Preliminary approval is indicated. b. . Sale of Boardman House : The County would like preliminary indication_ from the City as to the possibility of rezoning the property from P-1 (public/institutional) to B-lb (office commercial) , to facilitate its sale by removing zoning barriers to its use for private-sector activities compatible with those in the vicinity. The Board' s evaluation of the desirability of rezoning should be conveyed to Council for its response . 9. Miscellaneous a. Department Staffing: Glenn Goldwyn , former Director of Community Development and Finance Director for Cortland, has been hired as Community Development. Specialist . Interviews for the Planner II position are being scheduled for early May. 10. Adjournment PLANNING & DEVELOPMENT BOARD AGENDA Item 7-57, Ironing Appeals April 28, 1981, 8:30 PM SIGN APPEAL 5-1-81 : Sign Variance under Section 34.6A (number and type of signs permitted in a B-5 zone) to permit addition of a third wall sign on the bank building at 875 South Meadow Street (Tompkins County Trust Company) . The sign would bring the total signs on the building to three, exceeding the maximum permitted in the B-5 (business) district. APPEAL 1359: Area Variance under Section 30.26B (side yard and lot size for a group care residence) , Section 30.25, Column 10 (lot coverage) and Section 30.49 (enlargement of a non-conforming structure) to permit addition of an exterior fire stairway on the south side of the Broome Developmental Services community residence at 618 N. Aurora Street. The property, in an R-2b (resi- dential ) district, is deficient in side yard set backs and lot size for a group care residence, and the permitted lot coverage is exceeded. APPEAL 1360: Area Variance under Section 30.25, Columns 10 and 11 (coverage and required front yard) to permit addition of a solar collector along the front of the existing Leonard E. Mankowski dwelling at 58 Woodcrest Avenue. The property is located in an R-la (residential ) district, and the addition would extend into the required front yard and the maximum lot coverage exceeded. APPEAL 1361 : Appeal of Rex and Helen Whitman for Interpretation of Section 30.25, Columns 7 and 11 (width at street line and front yard set back) to permit use of the property at 110 Westbourne Lane for a multiple dwelling. The property, in an R-U (residential ) district, does not have frontage on a public right-of-way as required by District Regulations (Westbourne Lane is a privately-owned street. ) APPEAL 1362: Area Variance under Section 30.25, Columns 6, 11 , and 13 (lot size, front and side yard set backs) and an Interpretation of Section 30.37 A-1 (continued availability of off-street parking) , to permit continued use of property at 801 E. State Street for a multiple dwelling. The property, deficient in lot size, front and rear yard set backs, had been converted to a multiple dwelling by a previous owner in violation of zoning, building and housing codes. Earlier appeals were denied by the Board on August 4, 1980 and February 2, 1981 . Owner Charles Fritschler is submitting a new appeal claiming that he can provide continued availability of off-street parking on adjacent property. APPEAL 1363: Appeal of Anthony J . Albanese for a Use Variance under Section 30.25, Column 2 (primary use) to permit enlargement of the Clever Hans Bakery of Ithaca, Inc. in the building at 201 Dey Street, in an R-2b (residential ) district, and to establish an open-air cafe in the Adams Street front yard. The bakery is operating under an existing Use Variance. The building, the former Ithaca Calendar Clock Factory, is a local landmark; the cafe proposal has been favorably reviewed by the Ithaca Landmarks Preservation Commission. APPEAL 1364: Appeal of James Iacovelli for an Area Variance under Section 30.25, Columns 11 and 12 (front and side yards) to permit conversion of the existing one-family dwelling at 524 Linn Street to a two-family unit. The property, in an R-2b (residential district, is deficient in. front and side yard set backs. APPEAL 1365: Appeal of Veda E. Quick for a Use Variance under Section 30.25 Column 2 (primary use) to permit the former "Quick's Garage" to be used as an operations base for the Terminal Taxi Co. The property, at 302 Madison Street, is in an R-3b (residential ) district, where a taxi business is not a permitted use. PLANNING & DEVELOPMENT BOARD NOTICE OF MEETING The regular meeting of the Planning & Development Board will be held Tuesday, March 24, 1981 , at 7:30 PM in the Common Council Chambers, City Hall , 108 E. Green St. , Ithaca, NY 14850 AGENDA 1 . Call to order. 2. Public Hearing on Subdivision of property at 503-7 N. Meadow St. into two parcels. 3. Approval of Minutes . 4. Chairman's Report. 5. Committee Reports , if any. 6. Old Business: a. Discussion of 1981 Department Work Program. b., zoning appeal review procedures. 7. ZONING APPEALS (8:30 PM) : SIGN APPEAL 4-1-81 : Appeal of Dr. Robert Baker for permission to retain existing freestanding doctor's sign at 408 N. Tioga St. , in . the C-SU zone. Sign projects more than 18" from building. SIGN APPEAL 4-2-81 : Appeal for interpretation and/or variance to permit erection of a freestanding exterior display case for the Art & Frame House at 109 E. Seneca St. , in a B-3 zone. The case will display or otherwise advertise artworks and frames sold on premises . If it is interpreted to be a sign, the number and total area of signs now on or proposed for the premises will exceed what is permitted. . APPEAL 1351 : Area Variance to permit W. and H. Binger to convert a base- ment room in their residence at 170 Pearsall Place, in an R-lb zone, to an efficiency apartment. One side yard is deficient by.four feet. APPEAL 1352: Use and Area Variances to permit Robert Shapiro to conduct a tofu-manufacturing and wholesaling business in the former alternate junior high building at 316 W. Court St. , in a P-1 zone. Such uses are not permitted in the zone, and the building, which is a City Landmark, is deficient in front yard setbacks . APPEAL 1353: Use Variance to permit Bryne Dairy, Inc. to build a dairy and convenience food outlet store on premises at 527 W. Buffalo and 211-17 N. Meadow Street. 527 is in an R-2b zone, and the others in a B-la zone. The proposed use is not permitted in R-2 zones. PLANNING & DEVELOPMENT BOARD NOTICE OF MEETING, p. 2 APPEAL 1354: Use and Area Variances and Interpretation to permit con- tinued use of 702-4 N. Aurora St. , in an R-2b zone, as a 3-unit dwelling. The structure, owned by Tom Newton, is nonconforming in lot size, coverage, front and side setbacks; interpretation as to whether the present use is nonconforming is also at issue. APPEAL 1355: Use Variance, Interpretation and "Special Permit to permit Taffy Spaulding to operate a catering service as a home occupation at 319 Center Street, in an R-2b zone. The business will involve delivery of the foods prepared on premises , which brings into question the quali- fication of the activity as a home occupation. APPEAL 1356: Use Variance to permit conversion of space in residence of H. and C. Huttunen at 302 Mitchell St. , in an R-2b zone, so that the present two-unit building would contain three .units . APPEAL 1357: Area Variance to permit Joel Podkaminen to rebuild and enlarge existing burned-out nonconforming residence at 358 Spencer Road, in a B-5 zone. The proposed two-unit structure would be deficient in side yard setback. APPEAL 13.58: Area Variances to permit an apartment to be added on the roof of the B. T. Glass Co. at 201 E. Tompkins St. , in an R-2b zone. Existing building is nonconforming in coverage, front, side and rear setbacks . 8. New Business , in any. 9. Miscellaneous. 10. Adjournment. PLANNING & DEVELOPMENT BOARD NOTICE OF MEETING The regular meeting of the Planning & Development Board will be held Tuesday, March 24, 1981 , at 7:30 PM in the Common Council Chambers, City Hall , 108 E. Green St. , Ithaca, NY 14850 AGENDA 1 . Call to order. 2. Public Hearing on Subdivision of property at 503-7 N. Meadow St. into two parcels. 3. Approval of Minutes. 4. Chairman's Report. 5. Committee Reports, if any. 6. Old Business: a. Discussion of 1981 Department Work Program. . b. 11 " zoning appeal review procedures . 7. ZONING APPEALS _(8:30 PM) : SIGN APPEAL 4-1-81 : Appeal of Dr. Robert Baker for permission to retain existing freestanding doctor's sign at 408 N. Tioga St. , in the C-SU zone. Sign projects more than 18" from building. SIGN APPEAL 4-2-81 : Appeal for interpretation and/or variance to permit erection of a freestanding exterior display case for the Art & Frame House at 109 E. Seneca St. , in a B-3 zone. The case will display or otherwise advertise artworks and frames sold on premises , If it is interpreted to be a sign, the number and total area of signs now on or proposed for the premises will exceed what is permitted. APPEAL 1351 : Area Variance to permit W. and H. Binger to convert a base- ment room in their residence at 170 Pearsall Place, in an R-lb zone, to an efficiency apartment. One side yard is deficient by four feet. APPEAL 1352: Use and Area Variances to permit Robert Shapiro to conduct a tofu-manufacturing and wholesaling business in the former alternate junior high building at 316 W. Court St. , in a P-1 zone. Such uses are not permitted in the zone, and the building, which is a City Landmark, is deficient in front yard setbacks. APPEAL 1353: Use Variance to permit Bryne Dairy, Inc. to build a dairy and convenience food outlet store on premises at 527 W. Buffalo and 211-17 N. Meadow Street. 527 is in an R-2b zone, and the others in a B-la zone. The pproposed use is not permitted in R-2 zones. PLANNING & DEVELOPMENT BOARD NOTICE OF MEETING, p. 2 APPEAL 1354: Use and Area Variances and Interpretation to permit con- tinued use of 702-4 N. Aurora St. , in an R-2b zone, as a 3-unit dwelling. The structure, owned by Tom Newton, is nonconforming in lot size, coverage, front and side setbacks; interpretation as to whether the present use is nonconforming is also at issue. APPEAL 1355: Use Variance, Interpretation and Special Permit to permit Taffy Spaulding to operate a catering service as a home occupation at 319 Center Street, in an R-2b zone. The business will involve delivery of the foods prepared on premises, which brings into question the quali- fication of the activity as a home occupation. APPEAL 1356: Use Variance to permit conversion of space in residence of H.and C. Huttunen at 302 Mitchell St. , in an R-2b zone, so that the present two-unit building would contain three units. APPEAL 1357: Area Variance to permit Joel Podkaminen to rebuild and enlarge existing burned-out nonconforming residence at 358 Spencer Road, in a B-5 zone. The proposed two-unit structure would be deficient in side yard setback. APPEAL 1358: Area Variances to permit an apartment to be added on the roof of the B. T. Glass Co. at 201 E. Tompkins St. , in an R-2b zone. Existing building is nonconforming in coverage, front, side and rear setbacks. 8. New Business, in any. 9. Miscellaneous. 10. Adjournment. PLANNING & DEVELOPMENT BOARD, NOTICE OF MEETING The regular meeting of the Planning & Development Board will be held Tuesday, February 24, 1981 at 7:30 PM in the Common Council Chambers , City Hall , 108 E. Green St. , Ithaca, NY 14850 AGENDA 1 . Call to Order. 2, Approval of January minutes. 3. Chairman 's Report. 4. Committee Reports, if any, 5. Old Business, if any. 6, ZONING CASES (8;30 PM) : SIGN APPEAL 3-1-81: Variance under Sign Ordinance Section 34.48 (projecting signs) to permit an existing sign to remain at 704 West Buffalo St. (Aero Cyclery) in an M-1 (Marine) district, The sign projects more than the maximum permitted in that zone. APPEAL 1344: Appeal of Edward Halloran for relief from the Building Commissioner's order to -cease occupancy of 510 Turner Place by four unrelated persons. The prop- erty is in an R-lb (residential ) district, in which such use is prohibited. The appellant is requesting a U'se Variance under Section 30.25, Column 2, to permit the occupancy to continue until May 29, 1981 . APPEAL 1345: Appeal of Carolyn Fellman for an Area Variance under Section 30.25, Columns 4, 13 and 14 (off-street parking, rear yard set backs) to permit conver- sion of the donut shop at 423 First Street to a small theater. The property, in a B.-2a (business) district, is deficient in required off-street parking, and rear yard setback. APPEAL 1346: Appeal of Ivar Jonson and Jerry Caward, Sr, for a Use Variance under Section 30,25, Column 2 (permitted uses) to permit erection of an office building at 612-614: West Green Street for building and electrical contractors ' offices. The property is in a B-2a usiness) district, which permits office uses, but does not specifically permit storage of contractors ' tools and equip- ment; therefore a Use Variance maybe required APPEAL 1347: Appeal of William L_, Tompkins for.an Area Variance under Section 30.25, Columns 4 and 14 (off-street parking and front-yard setback) topermit the addition of five bedrooms to the front building at 136-138 East Spencer Street in an R-2b (residential) district, The property is deficient in off- street parking and front yard setback. PLANNING & DEVELOPMENT BOARD NOTICE, p 2 APPEAL 1348: Appeal of Birthright of Ithaca for Use and Area Variances under Section 30.25, Columns 2, 4, 6, 7, 10, 11 , 12, 13 and 14 (primary uses , off- street parking, lot size, width, coverage, and front, side and rear yard set- backs) to permit office use of a portion of the building at 401 North Aurora Street. The property is in an R-3a (residential ) district in which offices are not a permitted use, and is deficient in off-street parking, lot size, lot width; maximum lot coverage is exceeded; and the property is further deficient in front, side and rear yards , Applicants have submitted that their use is medically related, and therefore a permitted use in the district. APPEAL 1349: Appeal of J. David Olds , Leon A. Olds , and Eris 0. Kimble for an Area Variance under Section 30.25, Columns 4, 6, 11 , 13 and 14 (off-street park- ing and front, side and rear yard setbacks) to permit conversion of the one- family dwelling at 207 East Court Street to office use. The property, in a B-la (business) district is deficient in lot size, front, side and rear yard setbacks , and will be deficient in off-street parking for the proposed use. Earlier requests (Appeals 1335 and 1340) for this property and use were denied by the BZA in January and February; appellants request a reconsideration based on new information to be submitted at the hearing. APPEAL 1350: Appeal of Steven Eastaugh for a Use Variance under Section 30.25, Column 2 (primary uses) to permit conversion of the one-family home at 215 Dearborn Place to a multiple dwelling, The property is in an R-2a (residential ) district, in which multiple dwellings are not a permitted use. Appellant bought the property on the understanding, based on an erroneous letter from the Build- ing Department, that it was located in a zone which permitted multiple dwellings. 7. New Business: a. Department Mork Program for 1981 Director Van Cort will discuss the tentative work program and related issues. b. -Any .other New Business . .8. Miscellaneous . 9. Adjournment. PLANNING & DEVELOPMENT BOARD NOTICE OF MEETING The regular meeting of. the Planning & Development Board will be held Tuesday, January 27, 1981 at 7:30 p.m. in the Common Council Chambers, City Hall , 108 E. Green St. , Ithaca, NY 14850 AGENDA 1.. Call .to Order :y 2. Approval of December 1980 minutes 3. Committee Reports, if any. 4. Communications, ,if any. 5. Chairman's Report 6. ZONING CASES (8:30 p.m.) APPEAL 1338: Area Variancosto permit expansion of the 'Shortstop' conven- ience store, 204 W. Seneca St. in an R-3a zone. This legally nonconforming use and structure are deficient in front, side and rear yard setbacks, and the proposed extension would make the structure slightly exceed the permitted lot coverage. APPEAL 1339: Area,Variance to permit Richard Seeley, owner, 510 Linn St. , in an R-2b zone, to convert hi,s single-family residence into a two-unit struc- ture. The front yard setback is less than required. No exterior changes are proposed. APPEAL 1340: Appeal. of J.. Olds, L. Olds and E. Kimble, owners, 207 E. Court St. , for Area:Variances to permit conversion of the property, in a B-1a zone, to legal offices. This is a .reapplication, based on additional argument, of an appeal denied by the BZA for the same purpose. Appellants argue that the property's deficiencies for the proposed permitted use (principally lack of required on-site parking, though the -structure is also too close to front, ' side and rear property lines) are unique; that fewer parking spaces are required than- were specified in the original appeal and that the space available would in all likelihood accommodate and be used for the required parking; ,that the premises had..been used partly for office purposes between 1933 and 1963; and that neighborhood sentiment seems to favor the proposed use. APPEAL 1341 : Use and Area Variances to permit use of a portion of premises at 210,Center St., in an R-2b zone, as headquarters for the Gadabout Trans- portation Program. : There would be no exterior change to the property, which is legally nonconforming in area coverage, front, side and rear yard setbacks. PLANNING '& .DEVELOPMENT BOARD MEETING NOTICE p. 2 APPEAL 1342. Area Variance to permit Paul Hansen, owner, 111 S. Plain St. , to convert his house to a two-unit dwelling. The property is deficient in side yard setbacks. No exterior changes are proposed. APPEAL 1343: Area Variance to permit conversion of former. gas station at 501 N. ,Cayuga,St. (corner of Farm), in a B-2a zone, to dentist's offices for Dr. John Gibson. The building is toocloseto the north property line. Basically the same variance was approved in 1978, but the building permit has expired. _7. Old Business, if any. 8, New Business, if any. 9. Miscellaneous. 10. Adjournment.