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HomeMy WebLinkAboutMN-PDB-1981-01-27 ' 'MINUTES PLANNING & DEVELOPMENT BOARD MEETING January 27, 1981 PRESENT: Chairman F. Moore, S. Cummings, E. Nichols, M. Sampson, I . Stewart, P. Holmes ALSO: Alderman Schuler, W. Wendt, T. Werbizky, appellants, appellants ' representatives, H. M. Van Cort, T. Hoard, interested persons, press 1 . Chairman Moore called the meeting to order at 7:35 PM. 2. Approval of December 1980 minutes. Mr. Holmes, seconded by Mr. Stewart, MOVED to APPROVE December 1980 minutes as submitted. Motion PASSED. 3. Committee Reports. None. 4. Communications. None. 5. Chairman'.s Report. a. Sign Ordinance enforcement: Mr. Moore is composing a letter to Mayor Bordoni urging rigorous enforce- ment of sign zoning law for cases still not in compliance. b. Zoning matters : Mr. Moore had asked J. Meigs to consider if the P&D Board is doing the right .thing with respect .to zoning cases, i .e. , is the Board doing what it is supposed to be doing; is the Board duplicating the work of the BZA,. depriving itself of the opportunity to work on other matters? What is the role of the P&D Board in the zoning process? J. Meigs ' memo on this matter was distributed to each Board member and Mr. Moore said it would be discussed at the next meeting. c, Cornell 's Plan regarding Sage Dorm site development new developments: W. Wendt (Director of Transportation, Cornell) presented Cornell 's plan for additional parking facilities. Between 150-159 graduate students would be housed at Sage Dorm; in addition, daytime Sage House staff numbers 30-35. To the 50 existing parking spaces, Cornell proposes now to add 24 more. For screening, evergreen trees would be used. When asked how many- students at Cornell had cars Mr. Wendt replied that a random survey done by the Dean of Students ' Office .recently indicated 69%. Also, at Hughes Hall , one parking permit to every three students has been issued; at Cascadilla Hall there are 40 parking spaces for 150 students, It is difficult to tell how many graduate students have cars because so many live off campus. Mr. Stewart that despite the proposed 24 additional parking spaces, for which . he_ i,thanked Cornell , the Board still remained skeptical and that City ;of Ithaca and neighborhood residents would bear the costs of the increased- student population. When Mr. Wendt had been before the P&D MINUTES, p. 2 PLANNING & DEVELOPMENT BOARD MEETING January 27, 1981 Board in August 1980 the .Board had asked that he communicate the Board's concerns regarding Sage site development to Cornell , that should problems arise therefrom that there would be capital expenditures or money avail- able from the university to help solve them. Mr. Stewart asked about Cornell 's response. Mr. Wendt said that Cornell would provide capital to construct the 24 additional parking spaces immedia_tely___agd__Mr. Wendt said he would work with neighborhood residents and _Re sidence_Life___at. Cornell to do whatever necessary to prevent problems arising", from the situation. He felt everyone (at Cornell) is sufficiently_warned __ that _',there could be problems . He also said that Cornell was working -to provide more parking facilities for residents than many other landlords in the neighborhood. Cornell , he said, would work when it saw an issue.. Mr. Stewart replied that he felt Cornell was acting in good faith but that the P&D Board's job was to push them "a little harder He said the aidthe P&D Board would like "a little more". Mr. Moore commented that some people feel the whole area around Sage Dorm should be blacktopped. That he did not feel was the answer. There are still reservations about whether or not the size of the paved lot at Sage has been exceeded; if the lot can't accommodate more cars , perhaps counter proposals could be worked on, Another question was raised: How does Cornell keep the number of cars down to the number of parking spaces available? Mr. Wendt said Residents Life and Transportation makes it very clear toiincoming students the parking and bus services available. Ms. Cummings felt Residents,= Life should be working out a way to restrict the number of student cars; not just hope they won't appear there. T. Werbizky, ILPC, talked about blacktopping. The ILPC after lengthy discussion, with input from neighborhood residents, tabledactionat its meeting on the Cornell plan because the ILPC could not g)et sufficient information from Cornell on landscaping the Sage site. Of concern to the ILPC was the circular drive and a large tree (both part of the origi- nal mansion grounds) that might possibly be removed. The ILPC needs addi- tional information from Cornell on this. Even if students use mass transit, Mr. Stewart raised the matter of the impact of storing N" number of cars in an already overworked neighborhood. Mr. Moore mentioned alternatives regarding Sage Dorm parking: blacktopping, coercion, bus service. The transit service, according to Mr. Van Cort, was not in a position to respond quickly to increased demand for bus ser- vice -- lack of sufficient rolling stock and increased costs. It was pointed out that there are already ,3 buses travelling to Cornell every hour, during the day, all going past Sage. Ms. Schuler read a letter regarding neighborhood concerns on the Sage matter. ' MINUTES, p, 3 PLANNING & DEVELOPMENT BOARD MEETING January 27, 1931 Ms . Nichols felt Residents Life should seriously consider saying to students, "If you live here (at Sage) , don 't drive. Mr. Sampson felt Cornellshouldprovide incentives to students without cars to live close by. He also mentioned that getting onto State Street from Schuyler Place to go uphill at 8 AM was a real problem already. Cornell should look into that. Mr. Moore said the Board would appreciate a communication from Cornell on this point. Ms. Cummings said neighborhood residents and the ILPC would rather not have 24 additional parking spaces on the site; primary emphasis should be on reducing vehicles at the facility. The Board would urge Cornell to work to do that rather than working to design additional parking spaces. Ms. Cummings made the motion that Cornell make very effort and communicate to the P&D Board the nature of those efforts to limit the ownership of vehicles to Sage residents. The Board would not endorse, the addition of 24 parking spaces. She withdrew this motion but made another, seconded '`by Mr. Sampson: That Cornell give preference in rental of Sage Dorm to residents who will not own or use cars. This motion PASSED 3 for (Cummings, Nichols, Sampson) , 1 against (Holmes) , with 1 abstention (Stewart) . Mr. Wendt said the 24 additional parking spaces would cost about $50,000. Mr. Van Cort the P&D Board should encourage Cornell to keep that expendi- ture on the books. Mr. Moore felt the Board should give Mr. Wendt a clear signal about what they would recommend about Sage parking, Mr. Stewart made the following motion: That the P&D Board endorses the concept of the addition of 24 parking spaces, done appropriately and in accordance with recommendations of the ILPC. Problems of sioting, screening, etc. should be worked out between Cornell and the ILPC. Mr. Holmes seconded this motion, The motion PASSED 4 for (Holmes., Sampson, Nichols, Stewart) and 1 against (Cummings) 6, ZONING CASES: APPEAL 1338: Area VariancEsto 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. Al Smith, owner, presented an appeal for an area variance -to permit him to build an addition which would house a chicken broiler; he felt this was the best way to stay within the City fire prevention guidelines. Staff recom- mendation was approval . I. .Stewart, seconded by M. Sampson, MOVED to recommend APPROVAL of area variances. Motion PASSED 4-0 with 1 abstention (Nichols). • 'MINUTES, p. 4 PLANNING & DEVELOPMENT BOARD MEETING January 27, 1981 APPEAL 1339: Area Variance to permit Richard Seeley, owner, 510 Linn St. , in an R-2b zone, to convert hi.t .single-family residence into a two-unit struc- ture.: The front yard setback is less than required. No exterior changes are proposed. Richard Seeley, owner, presented his appeal . Via letter some neighborhood residents voiced concern regarding the effect of this conversion on parking availability, resale of the house with such an area variance, and the property being then a potential absentee landlord situation (such as residents felt has happened on the first few blocks of Linn Street) , and the snowballing effect of the granting of a variance. H. Schlieder, neighbor, voiced concern about parking. Mr. Seeley said when he first moved there there was no off- street parking for his 3 car family; he now parks two cars on his property and there is only one car on the street. The P&D Board staff recommendation was that the appeal is for such a minor deficiency it is difficult to recommend against it. A variance would be very easy to recommend approval°`for if the Board knew the property would continue to be an owner-occupied building with a rental unit, Mr. Hoard said it is difficult=to'enforce owner-occupied rental houses and did not know if it was legal Mr. Moore expressed concern on this appeal because of the city- wide concerns about absentee landlord ownership, •that 'it is proper to use technical violations of this kind in order to prevent -further absentee ownership. Mrs, Seeley said -that two houses up the street from them were now rental units but not owner occupied. E. Nicho_1s said the P&D Committee has been directed by Common Council to present to them at their February meeting a -draft of a zoning change for Linn St.; that they were first told to study 'it then come up with a recommenda tion, but later it became clear that what Council wanted was to rezone it so : the Committee..has worked on that. Ms. Nichols felt that -this discussion tonight points out how people are misled and 'lulled into a false sense of security about their neighborhoods . She felt the Board needed to look care- fully to see if the zoning does .or does not reflect the concerns of the people in the neighborhood. She felt there should be an ongoing study of Linn Street. Mr. Van ..Cort mentioned personnel and time problems involved in rezoning. Ms. Nichols' .said Common Council will take a look at Linn St. tomorrow. S. ;Cummings, seconded by M. Sampson, MOVED that the Board recommend APPROVAL-`of appeal contingent upon .owner occupancy of ,property while suggesting the BZA examine the legality of such acontingency., Motion PASSED 5-0. 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-la 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 def-iciencies 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. MINUTES, p. 5 PLANNING & DEVELOPMENT BOARD MEETING January 27, 1981 D. Olds, one of the owners , submitted a reapplication of last month's appeal with an added argument. A recalculation of parking spaces required indicates that only 5 spaces are needed, rather than 10 spaces as originally calculated and according to Olds , there is sufficient space on the premises to accommodate the cars. Staff recommendation was in favor of recommending approval. E. Nichols , seconded by M. Sampson, MOVED to recommend APPROVAL of amended appeal for variance, Motion PASSED 5-0. APPEAL 1341 : Use and Area Variances to permit use of _a portion of premises at 210 Center St. , in an R-21b-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. Judy Willis , Director of the Gadabout Program, presented Gadabout's request for use and area variances for an office in the building and space for 4 vans outside Gadabout has 3 staff members and 2-3 people driving vans in the morning and 2-3 people driving vans in the afternoon. Since Gadabout gives. the appearance of being a commercial enterprise due primarily to parking and movement of vehicles, some of the neighborhood residents expressed their concerns about its proposed move to the site. They said they did not feel it should be in a residential neighborhood, that -it would be much more visible here than at its present location. J. Moro, 214 Fayette St. , gave a visual presentation and short history of the site. A Tetter from Beth Prentice, Director of INNS, was read by F, Moore. In it she expressed the concern of several Southside neighborhood residents who. did not wish to see further nonresidential use of the property, even though they were supportive of Gadabout and its services. Residents were concerned about present use of the premises and apparent zoning non- conformity and violations. However, `the Building Commissioner said he had .not received :any complaints about the property. Staff recommendation was in favor of granting a variance specifically to Gadabout, restricted to use .by a non profit organization. Consensus of the'P&D- Boardwas that .the appeal should be divorced from any nonconformity and violations considerations regarding the property. Ms . Cummings, seconded by Mr. Stewart, MOVED to recommend DENIAL of use and area variances for Gadabout. . Motion PASSED 3 for (Moore, Stewart, Cummings) 0 with 3 abstentions (Sampson, Holmes , Nichols) E. Nichols, seconded by P. Holmes, MOVED to recommend that the case of special use variance be deferred until February's P'&D Board meeting Motion PASSED 3 for (Holmes, Nichols,' Sampson) - 2 against (Stewart, Cummings) . Later, F. Moore ruled the second motion invalid. MINUTES, p. 6 PLANNING & DEVELOPMENT BOARD MEETING January 27, 1981 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. Mr. Hansen presented his appeal . Staff recommendation was in favor of approval of area variance. Mr. Stewart, seconded by Mr. Sampson, MOVED to recommend APPROVAL. The motion PASSED 4-1 . 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 too close to the north property line. Basically the same variance was approved in 1978, but the building permit has expired. N. Freeman, attorney_, presented Dr. Gi_bso__n_'s appeal for conversion to dental offices -- 6 operatories alTtogeth_er.` On Nov, 13, 1978, approval had been given on a similar variance request but no building permit had been applied for within the year. Staff recommendation was for approval . J. Truman, 108 Farm Street, neighbor, expressed concern about possible unsupervised night use of the parking area, more gasoline fumes in his basement from cars running their engines, and the gasoline tanks which were still in the ground. Mr. Freeman answered Mr. Truman's concerns and Ms . Cummings, seconded by Mr. Sampson, MOVED to recommend APPROVAL of an area variance The motion PASSED 5-0, Ms . Nichols commented on Mr. Truman's maintenance of his property calling it a "showplace". 7. Old Business., None. 8. New Business . None. 9. Miscellaneous, None. 10. Adjournment at 11 :15 PM. January 25, 1981 Ithaca City Planning Board; It has come to our attention that the Ithaca City Planning Board is considering action on a proposal by Cornell University to increase the parking capacity of the gage Graduate Housing Project, under construction on Seneca Street, from 50 to 74 spaces . We, the neighbors and members of the East Hill Civic Association, object to action on any such proposal for the following reasons : When Cornell University presented the Sage Dormitory Project, to the East Hill neighborhood, last Eebrurary, they promised to reapproach the neighborhood, and spec- ifically the East Hill Civic Association, before altering any significant aspect of the project. This promise has not been fulfilled. When questioned, as to the impact of the additional traffic generated by this project on the neighborhood, the Association was assured that most of the 150 students to be housed, would not have cars, and that 50 spaces, already in existence, would be more than adequate . We feel that if the 50 spaces are adequate to meet the needs of this project, there is no justification for increasing the capacity. "`urthermore, if the University now feels that 50 spaces are not adequate to meet the needs of the project, we feel that it is Cornell University' s duty to limit the number of students residing at the Sage Dorm- itory, who own cars, to the available 50 spaces • Ithaca City Planning Board -2 January 25, 1981 Public Transportation, which serves the campus, is immediately available to the site, and if this is not sufficient, Cornell should provide its own bus service to and from the campus, as discussed last Februrary. The Sage Dormitory is located within the boundaries of the East Hill Historical Preservation District. The addition of 24 parking spaces will require paving the garden of the Liberty Hyde Bailey house, and or the lawn areas of the Sage Residence. This would significantly lessen the quality of the space surrounding this prof( ^t, and by extension ,the community in which it is loc , ted. For these reasons, we urge the Planning Board to delay any action on any proposal, presented by Cornell University, regarding this project until Cornell has presented the full details of, and justification of, this change, to the East Hill Civic Association, for their approval. Very Truly Yours Neighbors of the Sage Dormitory Project z 3 �- 41 Sole . far- `�2 Y -2- 1 � v��'C ��C'�- E� �J Q�vtk.c d In U g E', ���� � . 6-07 ,� c5'�cc� �`7.l Sb 2 �, �t c a ��_ MEMORANDUM T0: Planning and Development Boar, Members FROM: J Meigs SUBJECT: B Z A Action on January Appeals DATE: January 14, 1981 SIGN APPEAL 10-1-80 (Ithaca Diner): DENIED 5-1 . Findings : Does not qualify for historic status; no showing of special need;sighificantly exceeds permitted projection; no compelling reason shown to make exception on any other ground provided by ordinance. APPEAL 1327 (Robertson; addition at 606 Cascadilia Street) : GRANTED 6-0. Findings: Does not change neighborhood character nor increase existing deficiencies; will improve premises; practical difficulties exist. APPEAL 1335 (Area variances, 207 E. Court) : DENIED 4-0-1 . Findings :. Substan- tial shortage of required parking; no showing th,a,t the difficulties are unique; lot size is substantially less than, required for the purpose proposed. APPEAL 1336 (Area Variances; 201 S. Aurora) : GRANTED 4-2 on condition that land- lord _ahnually show proof of lease of at least 3 off-street parking spaces witthin 500 ft. Findings: setback deficiencies are common in neighborhood and cannot be overcome; 5 unrelated persons would not materially alter the largely rental character of the neighborhood; 'extremely limited parking in neighborhood requires at least some parking to be furnished. APPEAL 1337 (Special Permit at 507 Willow Avenue) : GRANTED 6-0. Findings: Use is a home occupation; does not change character of neighborhood; one of two employees will live on premises. NO SHOW/NO ACTION: Zikakis Signs Triangle Steel Expansion Borrah (Area variance, 316 Third Street) Cornell Radio Guild/WVBR ("Bike Rack" Storage) JCM:jv MEMORANDUM TO: Tom Hoard FROM: Planning & Development SUBJ: JANUARY PLANNING BOARD ACTIONS ON ZONING APPEALS DATE: January 29, 1981 1338 Staff recommended approval of Area Variances to permit expansion, Mr, Stewart, seconded by Mr, Sampson, MOVED to recommend APPROVAL of Area Variances; motion PASSED 4--0 with 1 abstention, 1339 Staff felt that the deficiency in this case was relatively minor. According to Alderman Nichols, Common Council will .-make a physical appraisal of the changing character of Linn Street and in February will consider initiating action to change the zoning description of the south end of Linn Street from R-3 to R-2. Ms. Cummings, seconded by Thr. Sampson, MOVED that the Board recommend APPROVAL of this appeal for an Area Variance, contingent upon owner occupancy of property, while suggesting that the BZA examine the legality of such a contingency; motion PASSED 5-0, 1340 A similar appeal for Area Variances had-been made last month (No, 1335) on behalf of prospective buyers, This new appeal , by the seller (and owners), is based on the argument that fewer parking spaces are required than were specified in the original appeal and that there is sufficient space on the premises for the required parking, In addition, the premises had been used partly for office purposes between 1933 and 1963; and neighborhood sentiment and character of the structure seems to favor the proposed office use, Staff recommendation is for approval of Area Variances, Ms, Nichols, seconded by Mr, Sampson, MOVED to recommend APPROVAL of amended appeal , The motion PASSED 5-0, 1341 The consensus of the Board was that the Gadabout appeal should be divorced from con- sideration of apparent zoning nonconformity and violations on the premises currently, which were brought to light during the -meeting, -Neighborhood residents were con- cerned that the Gadabout operation would give the appearance of an„active commercial enterprise, Staff recommended in favor of variance, Tis . Cummings, seconded by Mr. Stewart, MOVED to recommend .DENIAL of Use and Area Variances for Gadabout, Motion PASSED 3 (Moore, Stewart, Cummings)-0 with 3 abstentions (Sampson, Holmes, Nichols) , A second motion to defer the case was ruled invalid by Chairman Moore, 1342 Staff recommended in favor of approval of Area Variance, Mr, Stewart, seconded by Mr, Sampson, MOVED to recommend APPROVAL, The-motion .was PASSED 4-1 , 1343 Staff recommended in favor of approval of Area Variance, Ms. Cummings, seconded by Mr, Sampson, MOVED to recommend APPROVAL of Area Variance, The motion was PASSED 5-0.