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.
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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
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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,
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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.
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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.
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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
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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 .
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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
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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.
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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.