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HomeMy WebLinkAboutMN-PDB-1981-07-28 ti MINUTES PLANNING & DEVELOPMENT BOARD MEETING July 28, 1981 PRESENT: Vice-Chair S. Cummings; P. Holmes, M. Sampson, E. Nichols. ALSO: Appellants, appellants' representatives, other interested persons, H. M. Van Cort, press 1 . S. Cummings called the meeting to order at 7:55 PM. 2. Preliminary subdivisions: P* Testa represented .INHS, owner of the properties under consideration for preliminary subdivision, i.e. , (a) 614-618 W. Clinton St. and (b) 306 S. Plain St. M. Sampson, seconded by E. Nichols, moved for a preliminary subdivision of the 614-618 W. Clinton St. property. Motion PASSED 3-0. P. Holmes, seconded by M. Sampson, moved for a preliminary subdivision of the 306 S. Plain St. property. At the next P&D Board meeting a public hearing will be held to consider final subdivision of these two properties. 3. Approval of June 1981 meeting minutes. M. Sampson, seconded by P.". Holmes, moved for approval of the June minutes. Motion PASSED. 4. Chairman's report. None. 5. Committee reports. None. 6. Old Business. None. 7. ZONING APPEALS CASES (8:30 PM) : See attached sheets. 8. New Business. None. 9. Miscellaneous. E. Nichols raised the matter of pushcart operations near the Commons. After some discussion the consensus of the Board was that they were in favor of pushcarts but there should be additional regulation of their operation. 10. Adjournment. 2 7. ZONING APPEALS CASES: 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. Ronald and Ann Ceurvels appeared on behalf of their appeal . Planning issues: Removes one dwelling unit. Traffic increase. Professional offices, generally compatible with residential , but premises will remain non owner-occupied outside office hours. Minor impact on immediate neighbors. Staff recommendation: DENY variances, as this is an addition of a nonresidential use to neighborhood, with some negative side effects on traffic and circu- lation. Also would eliminate a dwelling unit in an already tight market. Neighborhood/public comment: Mary Gordon, 508 Dryden Rd. - In support of proposed change as it would be quieter at night, improved maintenance and landscaping. Leah Schwanz, 404-406 Oak Ave. (by letter) - Opposed due to increased traffic and - confusion. Mr. and Mrs. Don Cherry, 504 Dryden Rd. - In favor of proposed change. Prof. K. Evett, 402 Oak Ave. - Opposed. He felt ordinance should be enforced against commercial development, Katherine Hinchliff, 400 Oak Ave. (by letter) : Opposed as it would increase traffic and confusion in area. P&D Board recommendation: M. Sampson, seconded by E. Nichols, moved to recommend DENIAL of variance, PASSED 3-0. 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. Jeff Lindy, Debby.Wolf and Ken Peale spoke on behalf of appellant Richard Genest. Also John Patterson spoke on Genest's behalf. Planning issues: Addition of a non-conforming use in an R-3 zone. Basically a specialty type operation which would provide ,the community at large with health foods. Income enhances viability of property. Some traffic increase possible. Likely to serve lifestyles found in neighborhood to a large extent although may attract some outside trade. ---------- — — ———------- - ----------- ----- ------ 3 Appellant comment: Appellant' s representatives said they had gotten signatures from several renters in the area who had no objection to the proposed store. They also said WVBR is making off-street parking available to 1 (or more) vehicles. Neighborhood/public comment:. Moss Sweedler, 308 Bryant Ave. - Opposed, due to increased foot and car traffic. Staff recommendation: DENY request for special permit or variance since retail activity is not the kind of activity for which special permits or variances are given; also such a specialty retail use would further erode efforts to maintain neighborhood residential character. P&D Board recommendation: E. Nichols, seconded by M. Sampson, moved to recommend DENIAL of special permit or variance. PASSED 3-0. 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. Jonathan Daitch presented his appeal . Doug Dylla, INHS, also spoke on -behalf of this appeal . Planning issues: Improves quality of existing residence. An addition which promotes energy efficiency. Addition would be hidden from street; will have minor impact on adjacent property. Staff recommendation: APPROVAL of request as would improve quality and desirability of existing structure and energy efficient. Neighborhood/public comment: L. Youngman, 407 Cascadilla St. - For such an addition. P&D Board recommendation: E. Nichols, seconded by P. Holmes, moved to recommend APPROVAL of variance request. PASSED 3-0, 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. Neither appellant nor representative was present. Planning issues: Potential of conversion to an apartment, and implications for neighbors should be understood. Facilitates continued owner occupancy by elderly couple. Staff recommendation: APPROVE as it improves amenity and desirability of existing housing stock, facilitates homeownership by elderly citizens, and contributes to stability of residential neighborhood. Neighborhood/public comment: None. P&D Board recommendation: M. Sampson, seconded by P. Holmes, moved to recommend APPROVAL - of-variance request. PASSED 3-0. f 4 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 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. Michael and Jim Hovanec and M. Heine were present on behalf of this appeal . Planning issues: Whether appropriate and compatible with adjacent residential properties. Whether adjacent properties will deteriorate in value._ Economic benefit to subject property. Whether adjacent properties will become less desirable leading to conver- sion to non-residential uses. Traffic; probably increase of non-residential traffic. Possible reduction in residential amenity. Visual impact of parking and storage areas. Environmental impact (noise, dust, debris) . Potential for destabilization of neighborhood through disinvestment and conversion of residential properties. Staff recommendation: DENIAL for following reasons: 1 - Reduction of neighborhood quality through introduction of an inappropriate nonconforming use into a residential area, with associated negative effects. 2 - Eventual reduction in property values and destabilization of • neighborhood, leading to loss of residential units through conversion to nonresidential uses. Neighborhood/public comment: Carolyn Peterson, 110 Dey St. - Opposed as this is an intrusion of a commercial activity into a residential neighborhood. According to a survey done in the Fall Creek area this is not the kind of activity needed in the area. She felt the property could be put to better use. Robert Winn, 210 E. Falls St. - Fall Creek Civic Assn. is engaged in a study to help determine needs of neighborhood; elderly housing seems to be a possible need. The study is in process so no definitive statements have yet been made. Valentino Loretti - 210 E. Falls St. (adjacent property owner) - As long as view from a downstairs window is not blocked he is favorable to the this request. Appellant comment: Because they are builders, not excavators, and they are also engaged in retail sales of solar rooms a residential neighborhood base seems appropriate. An attractive facility is their goal ; landscaping and screening of stored materials and cars would be be done. P&D Board recommendation: P. Holmes, seconded by E. Nichols, moved to delay hearing of this appeal for one month to give Hovanec Builders time to explore other sites as well as the opportunity to explore their differences with the Fall Creek Civic Assn. and immediate neighbors. PASSED 3-0. ' D 5 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. Linda Youngman presented her appeal . Planning issues: Intensification of use/occupancy. One additional living unit created but small house suitable for single- family occupancy would be lost. Staff recommendation: Staff divided. 1 - Intensification of negative effects of increased use of property with numerous area deficiencies. 2 - Reduction in stock of single-family residences, offset by additional unit. Neighborhood/public comment: Jon Daitch, 409 Cascadilla St. (neighbor with whom appellant shares driveway) - In favor of granting variance request. P&D Board recommendation: E. Nichols, seconded by P. Holmes, moved to recommend APPROVAL of variance request with the restriction that the rental unit not accommodate more than 2 persons. PASSED 3-0. 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. Robert Owens and Gibson White, WSKG-TV­FM`were present on behalf of this appeals Planning issues: Visual impact - negligible. Service would improve availability of cultural and educational broadcast media to general public. Staff recommendation: In favor of granting request for special hermit. Neighborhood/public comment: None. P&D Board recommendation: M. Sampson, seconded by P. Holmes, moved to recommend APPROVAL of request for Special Permit. PASSED 3-0. PIP iF f w4F CITY OF ITHACA P � I OB EAST GREEN STREET @TF,<ACA, rVIEVe. YO;ZK 148SO TELEPHONE:.272-1713 CITY PLANNING & DEVELOPMENT BOARD CODE 607 July 9, 1980 Mr. John MacInnes 108 Grandview Court Ithaca, NY 14850 Dear John: It was with regret that I learned of your resignation from the Board of Planning and Development, as well as from the Board of Public Works. In the course of my own short tenure on this Board, I became aware that you were a respected and valued member, one whose contributions will indeed be missed. On behalf of the Board and staff, I thank you for your involvement in our efforts to plan for a better community. I hope that Ithaca will again have the opportunity to benefit from your public-spiritedness, and that you will also enjoy a long, happy and productive career in your chosen field. Very truly yours, Frank Moore Chairman FM/11 'An Equal Opporlunity Employer with an At!rrmail-Action Program- � TOMPKINS COUNTY DEPARTMENT OF PLANNING Lmtx� Frank R.Liguori PE Commissioner of Planning July 9, 1980 Frank Moore, Chairman City .Planning Board 116 Deerborn Place Ithaca, NY 14850 Dear Mr. Moore: . As you may .know.the Tompkins County Planning Board is structured as a coalition with representation from each municipality .and those agencies or organizations in the county which also have a major functional planning role. The City of Ithaca has two seats. One seat is representative of the City as a whole and is currently filled by Raymond Hemming, selected by a previous Mayor. The second seat is for a representative from City Planning Board. This seat has been vacant for some time. It is important to the County Planning Board to have continuous input from the City Planning Board and it is within the interests of the City Planning Board to have representation on the County Planning Board. It is therefore hoped that the City Planning Board will designate a person to meet regularly with the County Planning Board. Please complete the attached Resume and send it to me for processing and appointment by the County Legislature. The County Planning Board meets on the 2nd Wednesday of each month and the next meeting will be on September 10, 1980, 7:30 p.m. at the County Planning Office. Itis hoped that the City Planning Board will designate an indivi- dual, prior to that .time so that clearance can be made through the County Board of Representatives for official appointment. Sincerely, rank R. Liguori. Commissioner of Planning FRL:jk Attachment cc: S. Raffensperger, Chairman, County Planning Board 128 East Buffalo Street, Ithaca, New York Telephone (607) 274 5286/274.5287 r r T�� Y#s f n '�-! ,mp% ine .C'fjt`� BOARD .o + REP! ENTATIVES IV �K 1$ Court I *uZt_ caf> T. '#'Y 850 E � %O E NAME '_L) M �f�C�S BIRTH DATE ADDRESS TELEPHONE: Business Home LENGTH OF RESIDENCE IN COUNTY OCCUPATION EDUCATION RELEVEANT EXPERIENCE AND COMMUNITY AFFILIATIONS NOMINATED TO SERVE ON _ TERM REPLACING NOMINATED BY RECOMMENDED BY COMITTEE Chairman MEMORANDUM TO: T. Hoard, Building Commissioner FROM: Planning & Development SUBJ: P&D BOARD RECOMMENDATIONS ON JULY ZONING APPEALS CASES DATE: July 30,1981 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. Planning issues: Removes one dwelling unit. Traffic increase. Professional offices, generally compatible with residential , but premises will remain non owner-occupied outside office hours. Minor impact on immediate neighbors. Staff recommendation: DENY variances, as this is an addition of a nonresidential use to neighborhood, with some negative side effects on traffic and circu- lation. Also would eliminate a dwelling unit in an already tight market. Neighborhood/public comment: Mary Gordon, 508 Dryden Rd. In support of proposed change as it would be quieter at night, improved maintenance and landscaping. Leah Schwanz, 404-406 Oak Ave. (by letter) - Opposed due to increased traffic and confusion. Mr. and Mrs. Don Cherry, 504 Dryden Rd. - In favor of proposed change. Prof. K. Evett, 402 Oak Ave. - Opposed. He felt ordinance should be enforced against commercial development. Katherine Hinchliff, 400 Oak Ave. (.by letter) : Opposed as it would increase traffic and confusion in area. P&D Board recommendation: M. Sampson, seconded by E. Nichols, moved to recommend DENIAL of variance. PASSED 3-0. 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-36residential ) district in which a neighborhood commercial facility may be permitted under a special permit from the Board of Zoning Appeals. Planning issues: Addition of a non-conforming use in an R-3 zone. Basically a specialty type operation which would provide the community at large with health foods. Income enhances viability of property. Some traffic increase possible. Likely to serve lifestyles found in neighborhood to a large extent although may attract some outside trade. 2 Appellant comment: Appellant's representatives said they had gotten signatures from several renters in the area who had no objection to the proposed store. They also said WVBR is making off-street parking available to 1 (or more) vehicles. Neighborhood/public comment:. Moss Sweedler,. 308 Bryant Ave. - Opposed, due to increased foot and car traffic. Staff recommendation: DENY request for special permit or variance since retail activity is not the kind of activity for which special permits or variances are given; also such a specialty retail use would further erode efforts to maintain neighborhood residential character. P&D Board recommendation: E. Nichols, seconded by M. Sampson, moved to recommend DENIAL of special permit or variance. PASSED 3-0. 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. Planning issues: Improves quality. of existing residence. An addition which promotes energy efficiency. Addition would be hidden from street; will have minor impact on adjacent property. Staff recommendation: APPROVAL of. request as would improve quality and desirability of existing structure and energy efficient. Neighborhood/public comment: L. Youngman, 407 Cascadilla St. - For such an addition. P&D Board recommendation: E. Nichols, seconded by P. Holmes, moved to recommend APPROVAL of variance request. PASSED 3-0, 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. Planning issues: Potential! of conversion to an apartment, and implications for neighbors should be understood. Facilitates continued owner occupancy by elderly couple. Staff recommendation: APPROVE as it improves amenity and desirability of existing housing stock, facilitates homeownership by elderly citizens, and contributes to stability of residential neighborhood. Neighborhood/public comment: None. P&D Board recommendation: M. Sampson, seconded by P. Holmes, moved to recommend .APPROVAL ot variance request. PASSED 3-0. 3 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 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. Planning issues: Whether appropriate and compatible with adjacent residential properties. Whether adjacent properties will deteriorate in value. Economic benefit to subject property. Whether adjacent properties will become less desirable leading to conver- sion to non-residential uses. Traffic; probably increase of non-residential traffic. Possible reduction in residential amenity. Visual impact of parking and storage areas. Environmental impact (noise, dust, debris) . Potential for destabilization of neighborhood through disinvestment and conversion of residential properties. Staff recommendation: DENIAL for following reasons: 1 - Reduction of neighborhood quality through introduction of an inappropriate nonconforming use into a residential area, with associated negative effects. 2 - Eventual reduction in property values and destabilization of neighborhood, leading to loss of residential units through conversion to nonresidential uses. Neighborhood/public comment: Carolyn Peterson, 110 Dey St. - Opposed as this is an intrusion of a commercial activity into a residential neighborhood. According to a survey done in the Fall Creek area this is not the kind of activity needed in the area. She felt the property could be put to better use. Robert Winn, 210 E. Falls St. - Fall Creek Civic Assn. is engaged in a study to help determine needs of neighborhood; elderly housing seems to be a possible need. The study is in process so no definitive statements have yet been made. Valentino Loretti - 210 E. Falls St. (adjacent property owner) - As long as view from a downstairs window is not blocked he is favorable to the this request. Appellant comment: Because they are builders, not excavators, and they are also engaged in retail sales of solar rooms a residential neighborhood base seems appropriate. An attractive facility is their goal ; landscaping and screening of stored materials and cars would be be done. P&D Board recommendation: P. Holmes, seconded by E. Nichols, moved to delay hearing of this appeal for one month to give Hovanec Builders time to explore other sites as well as the opportunity to explore their differences with the Fall Creek Civic Assn. and immediate neighbors. PASSED 3-0. t 4 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. Planning issues: Intensification of use/occupancy. One additional living unit created but small house suitable for single- family occupancy would be lost. Staff recommendation: Staff divided. 1 - Intensification of negative effects of increased use of property with numerous area deficiencies. 2 - Reduction in stock of single-family residences, offset by additional unit. Neighborhood/public comment: Jon Daitch, 409 Cascadilla St. (neighbor with whom appellant shares driveway) - In favor of granting variance request. P&D Board recommendation: E. Nichols, seconded by P. Holmes, moved to recommend APPROVAL of variance request with the restriction that the rental unit not accommodate more than 2 persons. PASSED 3-0. 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. Planning issues: Visual impact - negligible. Service would improve availability of cultural and educational broadcast media to general public. Staff recommendation: In favor of granting request for special permit. Neighborhood/public comment: None. P&D Board recommendation: M. Sampson, seconded by P. Holmes, moved to recommend APPROVAL of request for Special Permit. PASSED 3-0.