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HomeMy WebLinkAboutMN-PDB-1981-10-27 MINUTES PLANNING & DEVELOPMENT BOARD MEETING OCTOBER 27, 1981 PRESENT: Chairman S. Cummings, Vice-Chairman M. Sampson, E. Nichols, P. Holmes, R. Moran, R. Schlather. ALSO: Appellants, appellant's representatives, other interested persons, H. M. Van Cort, press. 1. S. Cummings called the meeting to order at 7:50 PM. 2. Approval of September 1981 minutes: Motion by Sampson to approve minutes as sent. Second by Schlather. PASSED 5-0. 3. Chairperson's report: V. ' S. Cummings reported on the status of the communication between the Board -a of Realtors and the P & D Board. Barbara Caldwell , Secretary of the Board of Realtors, and Connie Lewis, President, offered a meeting of their Board as a forum for discussing the need to provide accurate zoning information to prospective buyers. S. Cummings and H. M. Van Cort attended the meeting, where they suggested that 1 ) zoning restrictions be carefully described on Multiple Listing forms, and 2 ) realtors advise both sellers and buyers to contact the Building Dept. to ensure an accurate portrayal of zoning restrictions The realtors pointed out that they act as sellers' , representatives,and expressed concern over the legal implications of taking direct responsibility for providing zoning information. Suggested that the purchasers' representatives be approached as well regarding the issue, E. Nichols suggested speaking to Tending institutions. R. Schlather made the point that attorneys are often faced with signed ' contracts; suggested that buyers be advised to get__legal advice from the start. Recommended using realtors' training sessions to address the problem; offered to contact Joan Harmon of the Bar Association as a means of discussing the issue with local attorneys. B . S. Cummings reported on her recent experience at the Neighborhood Housing Services Conference. With over 140 agencies throughout the country, Ithaca is viewed as a model project. She also brought attention to the state of Florida's effort to attract corporate financing through tax credits for 1 ) contributions to community activities 2 ) job creation incentives 3 ) economic revitalization. 2 4. New Business: A. Northside Zoning - Report was given by P. Ramos on present efforts to investigate. the possibility of rezoning the Northside, an area where multifamily use status appears at odds with efforts to upgrade the neighborhood. The outline of the investigation focused on conversion trends and included considerations such as turnovers, land use, assessed values, and housing conditions. The first approach to the study will use already available data, and should be completed by January 1982. If the results of this initial investigation do not suffice, the study will continue taking other parameters into account. The P & D Dept. will make a recommendation to the Board upon its conclusion. B. Appeal Process - S. Cummings reported that a qualified graduate student has been hired to look at different aspects of the appeal process, eg. recommendations, decisions, to what degree appellants comply with decisions. 5. ZONING APPEALS CASES APPEAL 1399: Appeal of JFJ ENTERPRISES for Special Permit under Sec. 30.26, C-4 (standards for Special Permit uses) to permit conversion of the existing gas station at 920 N. Cayuga 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. Robert Hines, representing JFJ Enterprises, was present on behalf of this appeal . Planning issues: Request to .convert a service station to a self-service one with a convenience store, an issue that has. confronted the Board befor( Problems of proximity to High School - possible loitering and noise problem. Could increase property values somewhat by providing desirable service. Could improve property's appearance. Staff Recommendations: Has the potential of providing desirable neighborhood service: May, however, cause nuisance problem; neighborhood input should be given primary consideration. Neighborhood/Public Comment: Approximately 20 residents appeared regarding this appeal ; almost all were strongly against it. J. Rosenblum, 1045 .Highland Rd. , owner of 912 N. Cayuga St. , spoke as a representative of the immediate neighborhood and voiced strong opposition_. ` He argued: Notice of the appeal was not sufficiently informative. The store would create hardship for adjacent residents because it would 1) destroy peace in neighborhood, 2) encourage loitering, and 3) depreciate property values. T+ ;c 11nnOl^®ccAr\/ - +Torg] arc cnnimh nrnrary stnras and 3 service stations in the area. General objection to a non-conforming use in an R-2b zone. Mr. Rosenblum submitted a copy of a neighborhood petition for the Board's consideration. John Obrycki, 912 N. Cayuga St. , agreed that area cannot support another service station. Pointed out that it would be the closest point to the High School to acquire beer. Ellen Ehrenreich, 912 N. Cayuga St. , was worried about vandalism. R. Compton, 10062 N. Cayuga St. , felt that this would detract from a neighborhood that has shown signs of improvement. Carolyn Peterson, 110 Dey St. , Pres. of Fall Creek Civic Association, suggested that the Civic Association serve as a forum for a further discussion between the appellants and the residents. Mark Haag, 411 N. Cayuga St. , had information to the effect that the station will indeed be sold as a gas station if the appellants do not purchase it. David Banfield, Alderman, pointed out that he had spoken to residents in the area with supportive opinions; urged further discussion. Dan Hoffman in his discussions with neighbors, felt that although 900 block residents were opposed, some of the 800 block residents were in favor, but wanted a service rather than self-service station. Appellant Comment: Mr. Hines expressed concern over his feeling that the purchasers ' intentions had been slightly misunderstood by the neighborhood. He argued that the appellants ' intention was to improve the neigh- borhood by offering an alternative to a gas station; suggested that it is not wholly realistic anymore `to try to operate a station providing only gas and repairs, and emphasized the probability of another service station opening on the site if this variance is denied. Generally, the appellants called for an opportunity to discuss the matter further with the residents with the aim of reaching a compromise. P & D Board Comments and Recommendations: E. Nichols suggested tabling the appeal pending further discussion between applellants and residents. S. Cummings pointed out that P & D Board can recommend approval , denial , or deferral . Motion by Schlather to recommend DENIAL with the suggestion that appellants confer with the residents by means of the Fall Creek Civic Association, and present their case next month to the BZA. Second by Moran. PASSED 5-0 SIGN APPEAL 11-1-81 : Variance under Sec. 34.6 (maximum area of signs in a business. dittrict) of the Sign Ordinance to permit sign on, the rear of the ISLE OF YOU building at 133 E.State .St.. in a.-B-3 district.' As proposed, . total signage on the J 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, 4 " Sylvester Johnson, President of Isle of You, Inc. appeared on behalf of this appeal . Planning Issues: No significant effect on neighborhood. Good visual impact. Staff Recommendations: APPROVAL Neighborhood/Public Comment: Letter from Jason Fane, 107 W. State St. , in support of sign appeal was read by H. M. Van Cort. Appellant Comment: Mr. Johnson would like sign visible from Green St. ; plans to use only half of the allowable sign space, i .e. sign will not be very large. P & D Board Comments and Recommendations: E. Nichols felt that, because back door is to be used as store entry, the rear wall can be considered a facade. Motion by Schlather to recommend APPROVAL, second by Nichols: °. - PASSED 5-0. 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-2a district in which a restaurant is a permitted use, but is deficient ji:n. 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. i Owner Greg Katsoulis appeared on behalf of this appeal . Planning issues: Expansion of both kitchen and customer areas could create parking problem Staff Recommendation: APPROVAL Neighborhood/Public Comment: None Appellant Comment: Mr. Katsoulis felt that expansion would improve work' situation. Nothing in his expansion plans or in the surrounding area has changed since the last appeal . P & D Board Comments and Recommendations: Motion by Sampson to recommend APPROVAL, i second by Nichols, PASSED 5-0. • y 5 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 (enlarg ment of non-conforming building) to permit construction of a small addition at the rear of the one-famiay dwelling at 223 Cleveland Ave. The property, in an R-2b district, .is deficient in lot width and front and one side yard setbacks. Harrison Rue was present on behalf of this appeal . Planning issues: Will increase value of house. Will make unit more attractive Staff Recommendations: APPROVAL Neighborhood/Public Comment: None Appellant Comment: The intended porch will match existing structure architect- urally; it will be a solar energy source, habitable only in the summer, and thus requiring no heating in the winter. P & D Board. Comments and Recommendations: Motion by Nichols to recommend APPROVAL, second by Schlather, PASSED 5-0. APPEAL 1402: Area-Variance under Sec, 30..25, Col . 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 B-4 district where the us( is permitted, is deficient in area and rear yard depth, the maximum lot coverage is exceeded, and may be deficient in off-street parking for the proposed additional use. Joseph CZ`a'schi and Steven Blaise were present to argue for this appeal . Planning issues: Increases housing supply Has potential of upgrading area, Probable positive visual change, Will tend to increase area 's property values, Staff Recommendations: APPROVAL Neighborhood/Public Comment: Bud Dillon, owner of Oldport Harbour, objected to the free use of City land as a parking lot for a private enterprise. Appellant Comment: Mr. Ciaschi expressed intention to build 10 apartments on the second and third floors in an effort to improve the property; is willing to provide the necessary extra parking 6 spaces on adjacent lot. He has maintained and used this lot, part of which is City property, for a number of years. . P & D Comments and Recommendations: S. Cummings suggested specifying a pre- scribed number of parking spaces in the Board's recommendation. E. Nichols asked about a possible conflict of interest; was concerned that no ILPC member be involved in the project; will abstain from vote for this reason and requested a ruling on the matter. R. Moran inquired as to any possible expansion of the parking lot. Motion by Schlather to recommend APPROVAL with provisos that 1) development proceeds as it has been presented, with appropriate monitoring of progress regarding appearance of the building by the Design Review Board, and 2) that' at least 13 parking spaces be provided by appellant. Second by Moran. PASSED 4-0, abstention by Nichols. APPEAL 1403: Use Variance under Seca 30.25, Col 3 (accessory uses) to permit use of portions of .the former East Hial School at 105=10.9 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. Jonathan Cottrell appeared on behalf of this appeal Planning issues: Meeting room could benefit neighborhood social cohesion. Sculpture studio would add a cultural 'dimension to facility. Should enhance property and neighborhood Staff Recommendations: APPROVAL Neighborhood/Public Comment: Norman Daley, 110 N. Quarry St. , although supportive of appellant's efforts, had reservations about the possible dangers of a welding shop in proximity to .his property. Mac Travis, 1651 Taughannock Blvd. , approved of plans; has consulted with builders and is confident that building is fireproof. John Novarr, 202 Eddy St. , approved, but is concerned with what will happen with studio when J. Seley leaves. Sean Killeen, 111 Hudson St. , asked that public safety and equity concerns ' be addressed in recommendation. Tom Hanna wanted stipulation that space not be used later for .retail operations. A letter from Jason Fane, 133 N. Quarry St. , was received in support of the appeal . 7 A letter from Reeve Parker, 123 N Quarry St. , expressed similar support. Appellant Comment: Mr. Cottrell stated that he has tried to find community funds to support utilization of this particular space and has been unsuccessful . His present proposal is the only feasible plan available. Assured the Board that the building is fireproof. Asked whether, with a variance approval , it would be possible to convert the studio at a later date .to a living space. P & D Board Comments and Recommendations: Members showed interest in safeguarding residents against future use of the studio for welding by an unapproved person; were concerned with stipulating that studio is not to be inhabited, cannot be used for retail endeavors, and the public access to the community room is assured. Nichols moved to recommend APPROVAL with the noted resolution: Be it resolved that the Planning Board recommends the granting of a variance for the construction of a metal sculpture studio, to be used by a member of the Old East Hill School Cooperative, and be it further resolved that the metal sculpture studio area may not be used for human habitation. And be it further resolved that a community room be permanently dedicated for the use of the residents of the East Hill School Cooperative and the adjoining East Hill community and that this community space may not be changed or removed without an official revocation of this covenant by the Board of Zoning Appeals. Second by Sampson. PASSED 5-0. APPEAL 1404: Appeal of .MARK HAAG for Area Variance under Sec. 30.25, Col . 4, 6, 7, 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 a width at street line, and the rear yard will become non-conforming if the lot is divided as proposed. Mark Haag and G. Lower appeared on behalf of this appeal . Planning issues: Permitted and compatible land use Will somewhat reduce property value of 105, and enhance 113 Oak Ave. No traffic impact improves visual quality Staff Recommendations: APPROVAL Neighborhood/Public Comment: None 8 Appellant Comment: Mr. Haag and Mr. Lower argued that area had been in disuse because of fire at 117 Oak Ave. ; this would upgrade neighborhood. P & D Board Comments and Recommendations: Motion by Sampson to recommend APPROVAL o- preliminary subdivision. Second by Nichols. PASSED 5-0. Motion by Schlather to recommend APPROVAL of variance. Second by Moran. PASSED 5-0. APPEAL 1405: Appeal of JOHN and AMY .PLACE for Area Variance under Sec. 30.25, Col . 431 63, 7, 12, and 13 (off-street parking, lot area and width, and aide 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. John Place was present to argue for this appeal . Planning issues: Permitted land use Would reduce housing units by one Potential minor traffic impact Appellant proposes minor physical facelift; sign(s) likely to be installed; residential character of structure .will be changed. Staff Recommendations: APPROVAL with provision of 2 off-street parking spots on site. Neighborhood/Public Comment: None Appellant Comment: Plans to occupy second and third floors with option to rent first floor. Is willing to rent necessary parking spaces P & D Board Comments and Recommendations: Motion by Schlather to recommend APPROVAL with provision that appellant leases 2 parking spaces within 500 ft. of property. , Second by Cummings, PASSED 5-0. 6. Miscellaneous: Subdivision; The Board reviewed a late request, presented by John A. Dougherty, for subdivision at 503 S. Titus Ave. Schlather: aske-d. whether the newly created residential property would be in conformance with the Zoning Qrdinance. VanCort was directed to work with owner to attempt to make the new property conforming. 9 Nichols moved and Moran seconded that the Planning and Development Board give preliminary approval to the subdivision at 503 S. Titus, with the question of conformity to the Zoning Ordinance to be held over until final approval . Motion approved unanimously. 7. Adjournment.