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HomeMy WebLinkAboutMN-PDB-1983-03-29 MINUTES Planning and Development Board. March 29, 1983 'PRESENT: Chair P. Rogers, B. Romanowski, M.Sampson , B. Gerkin ALSO: H.M.Van Cort , Appellants , Appellants ' representatives, Press, Other interested parties 1 . Call to order Chairman Rogers called the meeting to order at 7 : 35 p.m. 2. Approval of minutes : Chairman Rogers moved and Mr. Gerkin second ed that the February minutes be approved as written. Motion was carried UNANIMOUSLY, 4-0. 3. Privilege of the floor : Public comment was deferred until the matters of interest were addressed on the Agenda 4 . Communications : Mr. Rogers distributed copies of correspondence, which he had received from Mayor Shaw and the County Planning Board, to the Board members . In the Mayor 's letter, Mr. Rogers. has been asked to serve on the Six--Mile Creek Committee, which would review and recommend .primary uses for the area. Correspondence from the County Planning Board mentions that the Board is now drafting a resolution to be presented to the County Board of Supervisors. The resolution would create-a paper agency to insure that this area receive its share of low-cost hydro- power. Rogers, then asked Board members, whether anyone of them would be interested . in replacing him on the -County Plann- ing Board, as the representative from this Board. No member was interested at this time, 5. Committee Reports: Mr. Rogers said that the Committee Report on the rezoning of the Ramada Inn could be discussed under New Business on the Agenda. The new Board assignments and restructure was reviewed.Basically, the Standing Committees of the P&D Board have been reduced from 5 to 4 , and new assignments were made with individuals, who were felt to be suited to the subject matter,_ Mr. Romanowksi said he preferred to serve on a committee other than Human & Cultural Resources , Martin-Sampson agreed to replace Mr. Romanowski on that committee, allowing Mr. Romanowski to then serve on the Codes and Administration Committee(replacing Mr. Sampson) 6. Chairman 's Report : Discussed under`Cothiun1catiohs . 7 7. Director 's Report : Mr. Van Cort elaborated on the discussion held the previous day by the Codes &Administration (C&A) Committee of the Planning Board regarding the proposed rezoning. PLANNING & DEVELOPMENT BOARD Minutes ,- March 29, 1983 page 2 of areas south of Green St . , currently zoned B--4 and P-1 , Mr . 'Van Cort explained to the Board that the automobile dealership has pre- viously been located in the downtown area, thereby the area had been zoned B-4. The Ramada Inn and its frontage are also presently zoned B-4. Using a diagram, Mr . Van Cort pointed out these area to the Board.. Several new development proposals pose a prob.elm now ' because of the existing zoning in that area, according to Mr. 'Van Cort, including the Ramada Inn 's proposal , and the proposed re--use of the Henry St . John ' s School for apartments . The C & A Committee decided that the Henry St ,John '�s School should remain as a P-1 district . This would allow non-profit offices to be located downstairs, and residences could be permitted through a variance Mr . Van Cort then reviewed the various zoning change. considerations for the Ramada Inn which the. 0&A committee reviewed, The possibilities included ; B-la,B-2,B-2a,B-2b, and B-3 , The advantages/disadvantages of each of these changes were then discussed by the Board members and Mr. Van Cort , The Committee had considered B-2a as an alternative because it has a parking requirement . It would also allow a six story building to be built, and has stricter yard and Design- Review requirements, However, the Building Commissioner felt that he could not issue,,a building permit as-of-right for the Ramada Inn, if rezoned B,2a, because the parking requirements would be contractrual, Other zoning possibilities included;B-1a, which .would allow office. spaces, B=2, allowing. a six'' story b'uildingl;has 'no parking requirements , but a Design Review Board requirement, B-3, which would allow an eight story building, has a 10 ft , rear. yard requireMent, but has no parking requirements, and ;B-2b which is similar to B--3 # but has a Design Review requirement, but no yard requirements. Mr. Jim Dennis, Alderman, asked for a review of what was allowed in a B-3 zone, and commented that he was hoping for the Board to provide him with a variety of recommendations tonight for his Planning & Development Committee to discuss. He also mentioned that in discussions with persons in the community regarding the Ramada Inn 's proposal , they has expressed concern over an eight story building in the community, and they also hoped that parking would be set aside, specifically for the hotel 's use. Mr. Van Cort mentioned that the Design Review Board 's decision is not binding for the Appellant The appellant only has_ to go to the Review Board meetings and submit -to 'their questions . The Board then has the authority to delay ,a project for 30 days while it makes recommendations to the Appellant . Planning & Development Board ' - -Minutes March 29, 1983 page . 3 Mr. Romanowski mentioned that he would like a 30 day review with a public hearing. Mr. John Barney, representing McGraw House, and Mrs , L. Patton, McGraw House 's Executive Director voiced their opposition of any proposed zoning changes for the Ramada Inn. According to Mr. Barney , the Ramada Inn is presently violating the existing zoning Code.. He feels that the problems are related to the intensity of use, and that the addition of 46 more rooms would increase the usage/inten- sify the problems. The McGraw House Board members and residents were also concerned ab.nut the buses for the ski tours warming up in the back of the Ramada at 5 :30 a.m, and the noise from the Gazebo room. Mr. Romanowski wanted to know whether anyone has asked Mr , Wiggins, owner of. the Ramada Inn, about the bus problem. 'Mr, Gerkin said that he thought the buses are now picking up passengers in the front of the Inn. Mr. Barney said that the buses were still warming up in the back .of the Inn, which .faces' 40 McGraw House apartments. After all discussion and`.public comment , Mr, Sampson moved and Mr. Romanowski seconded that the recommendations of the Codes and Administ . Committee be approved, after corrections, and passed on to the Common Council . The recommendations are as follows : 200 Block of South Tioga-East Side - from B-,4 to B-2b 200 Block of South Cayuga- West Side from B--4 to B-2a 100 Block of West Green -- South Side- from B-4 to B,la The motion was approved UNANIMOUSLY, 4,-0. 8. Staff Reports None 9. ZONING APPEALS REVIEW See attached 10. Old Business : None -11. New Business . _ Zoning Revision' See Director's report Valentine Pl , Zoning; report on proposal to' ch-an ge` ;Pr1 zoning to permit additional housing construction, Mr. Van Cort discussed the fact that the old Valentine Place had been recently purchased and the the purchasers would,,now like to further develop the area. It is presently zoned P-.-1 , which. allows institutions and public parks, but .,not residences, which the appellants would like to build ,`An Environmental Assessment , -prepared .by Planning and Development Staff, indicates that the proposed change to R3 might have an environmental . impact , and . staff therefore recommends that an environmental impact statement be prepared`, Itwas felt that an i PLANNING & DEVELOPMENT BOARD Minutes March 29, 1983 page 4 y EIS was necessary because the area is next to the gorge . Two thous-- and collars will be requested from the B&A, next -month according to Mr. Van Cort , Deputy Director Position Mr . Van Cort will be asking the Common Council at its April -meeting for approval to create the position of Deputy Planning Director , in the Planning Department , to assist him and handle administrative duties in his absence Renaming of West Clinton Street Mr. Sampson moved and Mr.Rogers and Gerkin seconded that , WHEREAS, the City is in the process of rebuilding and signalizing a portion of West Clinton Street west of Meadow Street , and WHEREAS, the two parts of West Clinton Street � east and west of Meadow Street, are not connected, leading to .confusion as to their direction, and WHEREAS, the City has spent a considerable amount of -money to improve West Clinton and Cherry Streets in order to encourage econo- mic development in the city, and WHEREAS, the seeming existence of two west Clinton Streets may. con-- found stranges and the uninitiated, inhabiting the area 's development , and WHEREAS, renaming of West Clinton Street west of "Meadow could end this confusion, NOW THEREFORE BE IT RESOLVED, . that the Planning and .Development- Board recommend that West Clinton Street be renamed,. and BE IT FURTHER RESOLVED, that ,this recommendation be referred to Common Council and the Beard of Public Works for consideration and action if possible before the official opening of the re- built portion of West Clinton Street , The resolution was CARRIED UNANIMOUSLY, 4-0 . The Board then decided that this proposed change sho�l-d be discussed with the tenants and property owners in the area before action in taken , Mr. .Van Cort .mentioned that the Planning Staff had suggested several names for the street including Enterprise Avenue, Mr, Sampson suggested renaming the street in memory of the late James Gibbs. The Board agreed that that was a good suggestion to be considered, 12. Miscellaneous: None 13 . Adjournment : Motion was made and passed unanimously to adjourn the meeting at 10 :30 .p.m. ,. 4--0, j Planning & Development Board ZONING APPEALS March 29, 1983 APPEAL 1481 : Appeal of Zikakis for Area Varinaces for deficiencies in frontand side yard setbacks to permit _construction of a mini-storage facility at-416 E'lmTrA' Rba-d, in a B-5 district , Appellant received a variance for -the proposed use on June 7, 1982; however the apaellants must obtain an area variance for the listed defcfences___before a building permit can be issued for the buildings proposed. Appellant Comment : No one appeared. Board Comment : Mr . Romanowski made a motion to defer comment on this appeal , until appellants come forward with the proper infor- s_e-conded .by Mr . Gerkin. Motion CARRIED UNANIMOUSLY,4-0' , Appeal 1483 : Appeal of J. Albanese for a Use Variance to permit rental space to a heating and airconditioning contractor at�-102' Adam-s St , , in an R-2b district , in which the proposed use is not permitted, Mr. Gerkin withdrew from this appeal, because of a conflict of interest . Chairman Rogers noted that since the Planning Board only makes recommendations to BZA, this appeal could be acted upon with only 3 members . R.& J. Albanese, owner of the building at 102 Adams Street , appear- ed on behalf of this appeal . Planning issues Land use permitted normally as-of-right in B-4 zones . Desirable in regard to maintenance and improve- ment of the property; a local landmark, Very little traffic permitted. Activity currently located on nearby residential property. No change proposed to building; type of activity is compatible with historic uses of property , Some light fabrication may occur on premises, but little noise or other effects are anticipated . Landmarks approval granted March. 16th, Appellant comment : Mr . Albanese was asked about the entrances which vehicles used by employees or other businesses would be using Mr . Albanese indicated that vehicles could use either Auburn St . or Adams St . , and that there was plenty of parking. At one point , Mr. Albanese had parking for 39 vehicles . Zoning Appeals- March 29, 1983 2 . Public Comment : Mr . John Schmidt , the proposed tenant in the building spoke. Mr-. Schmidt said that he had operated within 200 feet of Mr. Albanese ' s building for over 13 year- there had been no complaints from the neighbors. traffic. In fact, Mr. Schmidt said that traffic would be better in the new location, Board Comment : Mr. Sampson and Mr . Romawoski were both pleased to see the building being used. Chairman Rogers asked Mr . Albanese about" the number of employees in the building, to which Mr. Albanese answered 20. Chairman Rogers also made i.,_. suggestion that a fence be put up on Adams Street, and also that he was pleased to see the building being used. Staff Comment : The appeal request would result in improving conditions in ,residential .districts in the city, and would aapt facilitate aive re-use of a- locallandmark. Mr . Van Cort also mentioned that since the building is in a residential zone the building owner would neea approval , everytime they have a new tenant move in the building. Recommendation : Approval Moti'on:By Mr. Sampson to recommend APPROVAL; seconded by Mr . Romanowski. 'Vote was 3 in favor , and 1 abstention, ( Mr . Gerkin) . APPEAL 1484 : Appeal of G. Coles for Area Variances for deficiencies in front and rear yard setbacks to permit an addition to the rear of the single family home at 1004-Gi1'es-St . , in an R-lb district . Mr. G. Coles appeared on behalf of this appeal . Public Comment : No other members of the public appeared. Planning issues : Land use permitted and compatible. Improves amentity. Appellant Comment : Mr. Colee wiehed to build an addition, 8 ' x 201 , to, expand. his present eat-in kitchen, bedroom closet , and bathroom. This addition is necessary, due to crowding - - conditions and lack of closet area. Mr. Coles said that --- - . . the house is very small . (The addition is already being built by Mr. Coles. ) Bo :rd- :omment Mr. Coles was asked whether or not the addition would impose on anyone else ' s property . Mr . Coles said that it would not , and that adjacent property could not be developed. Mr. Coles was also asked the reason for his request , since the addition was already under construction. Mr . Coles replied that he had received a notice from the Building Department . ZONING APPEALS March 29 , 1983 3 . Staff Comment : Though the rear yard would be reduced to approxi- mately 2/3 of required; it seem unlikely to result in any negative condition. The adjacent property is unlikely to be developed. Recommendation : Approval . Motion : By Mr . Romanowski for APPROVAL, seconded by Mr. Gerkin. Carried Unanimously, 4-0. Both. Mr. Sampson and Mr. Gerkin wished to go on record that they disliked approving things after the fact . APPEAL 1485 : Appeal of Apple Blossom Cafe for Area Variances for deficiencies '' in off-street parking to permit continued operation. of the _restaurant at 308 Stewart Avenue. __The__pro_perty___is_in___a B-2a district , in which the existing use is permitted--however the appellants must obtain an area variance for the required permit before an occupancy permit can be issued for the rest- aurant , and before a Certificate of Compliance can be issued for the property as a whole. The restaurant has been operating under a parking variance (#1284) with the provision that some of the parking be provided within 500 feet . The appellants have lost their lease for this parking, and are requesting relief from that requirement . Ms . Carin_ Trainer, 981 Taughannock Blvd. , appeared on behalf of this appeal . Planning issues : Land Use permitted and compatible. Loss of the cafe could have negative effects on the property; any new tenant would also have to furnish parking. Slight impact of customer traffic looking for parking would probably be unnoticeable. Parking supply in neighborhood is tight ; and would probably be eaacerbated. Appellant Comment : Ms . Trainer explained to the Board that the Apple Blossum cafe is requesting a variance because the cafe does not have sufficient parking. In 1.979, the cafe received a variance, and was able to use the parking at the corner of Williams St . and Stewart Avenue. Because Cascadilla Hall has now re-opened, Cornell will no longer allow them to use that parking area. Ms. Trainer explained that,? Hu.nna Johns , had previously said that he would rent parking spaces to the cafe. However, Mr. Johns is now no longer interested in renting the cafe this space. He did provide them with a statement , which Ms . Trainer read, to the Board. Mr. Johns ' statement noted that he is in favor of the restaurant, and he did not feel that there was a parking problem. Ms . Trainer also read a statement from the former building owner, who noted that he . had no parking problems even when he had 40-50 tables in his rest- aurant . ' Zoning Appeals - March 29, 1983 4 . Publi..c Comment : Mr. Bill Avraris owner of the building, spoke. Mr. Avramis. said that he always finds parking space , and not a great deal 'of parking is needed, in his opinion. Mr. John Yengo, also spoke in favor of the restaurant . He suggested that this motion be tabled until a survey could be made to see who. did/did not have cars. Board Comment : Mr . Sampson explained that while Mr . Johns ' state- ment was fine for past parking situations ; new conditions now exist in Collegetown (including the re-opening of Cascadilla Hall) which now make parking in the area very tight . Mr . Gerkin asked Ms. Trainer about the hours the cafe were opened; which are 8 :30 a.m.- 12 :30 a.m. during the week, and 8 :30-2 :a.m. on the week-ends . 'pis . Trainer was also asked if she knew of the driving/parking habits of the customers and employees . Ms . Trainer told the Board, that of 10 employees at the restaurant , 4 had - -cars_,__and 3 of those_-4 parked in _the- neighborhood r1A Sampson - -- -- - reiterated the fact that parking spaces were needed by the rest- -, aur,antand that the Planning Board must_ make decisions based on planning issues , not hardsh-ip. - Staff Comment : The direct effects -of a four-space deficiency would probably not be significant . The basin situation is grandfathered; but the cafe was established as a view use subject to supplying the required space. Parking is tight in the area and would probably be worse. To grant this appeal may establish a precedent for ignoring parking requirements. Recommendation : Deny approval . Motion : By Mr. Sampson to recommend DENIAL; seconded by Mr.. Romanowski ; Vote was CARRIED UNANIMOUSLY, 4-0 . Appeal 1486 : Appeal of J Fane for an Area Var-i.ance --for----deficient setback for one sideyard, to permit construction of a mercantile building at 119-121 Dryden Road, in a B-2a district . Mr.. Jason -Fane, property owner , appeared on behalf of this appeal . Planning Issues : Land-.use; retail use permitted. Would substantially - increase owner 's return, and city 's from much more intensive use of property overall; but increase is related to extra floor space. Depending on type of activity , traffic related to the site could raise problems with circulation at this difficult bend in Dryden Rd.- cars slowing down; dropping passengers off , etc. Would be a substantial change in the area 's appear- ance, and possibly in types of activity, depending on tenants. Would provide a substantial link of commercial areas on Eddy and College Avenue. Would be substantially out of character with present surroundings ; though could be compatible with long- range redevelopment of the area. Zoning Appeals - March 29 , 1983 Fuge 5 . Appellant Comment : Mr . Fane presented detailed drawings of his proposed building to the Planning Board. Mr . Fane discussed the design principles involved which included the use of glass in storefrongs (no gaps in the line of stores ) . Mr . Fane felt that if the gap is not there, it is a much better urban design. The gap could also serve as an area where muggers could lurk and garbage and animal waste would collect . Public Comment : Mr. Sharmat , the architect of the building, spoke . He answered questions from the Board pertaining to the elevation of the proposed building. Board Comment : The Board was concerned with the elevation of Mr . Fane 's proposed building; that it was above the first floor of the adjoining building (an apartment house) ; and the building' s close- ness to the apartment building (10 feet in most instances , and 7 feet at the point of the apartment house' s bay window) . Mr . Fane was also asked about maintenance , which he answered that there would be little needed. The Board also wanted to hear the concerns of the owner of the apartment house . Public Comment : Mr . Theron Johnson , owner of the apartment house west of the proposed building, spoke in opposition to the appeal . Mr. Johnson stated that the building, being so close to his apart- ment house, would hinder some tenants ' view; instead of viewing open space, they would only see a wall . Secondly , a view from College Ave. would be shut off , and Mr. Johnson felt that there was no guarantee that Mr . Fane or his successor would not build a 2nd storey. Mr . Johnson's major objection was the point of the proposed building that comes out in front . Staff Comment : Though_ thi.s proposal meets all current requirements except side yards, it comes at a point when decisions about the broader Collegetown redevelopment;-.are pendingz including urban design and zoning proposals which could be negatively affected by this element . It hinders the development of a comprehensive program for improvement of the Collegetown Business District , including a cohesive design for the area as a whole. Recommendation : DENIAL. Further Public John Yengo spoke in favor of Mr . Fane 's building. Comment : He expressed the fact that Mr . Fane wished to build in an orderly fashion with is own resources , and that it was short- sighted to deny Mr . Fane this opportunity . Further Staff Mr . Van Cort also mentioned that there might have Comment : been an illegal sub-division. Motion : By Mr. Romanowski FOR APPROVAL, subject to the discussions and clarifaction of the legal question of the sub- division of land; seconded by Mr. Gerkin . The vote was 3-Affirmative; 1-Negative (Sampson) . ZONING APPEALS March 29, 1983 6 . Appeal 1487 : Appeal of INHS( Ithaca Neighborhood Housing Services , Inc. ) for Area Variances for deficiencies in off-street parking, lot size; lot widith, lot coverage setbacks for both side- yards , and rear yard setback, to permit conversion of the existing building with four apartments and three retail establishments at 502 W. State St . to five apartments plus two retail establishments . The property is in a B-2a dis- trict , in which the proposed uses are permitted; however , appellants must obtain variances for the deficiencies before a permit can be issued for the conversion. Planning Issues : Land Use permitted and compatible The value of the property will be increased, and contribute to a general upgrading of the surround- ing area. Four existing units will be improved, and one added. No significant effect on traffic/circulation; the grandfathered lack of off-street parking will be slightly ameliorated. The overall rehab project will result in a building that will no longer be a detriment to the neighbor- hood. Little change to the basic fabric of this 19th-C. commercial building, though storm windows on this proposed new . apartment will be replaced with ones more suitable to an apartment . Mr. Tom Chalmers, I .N.H.S . -re-hab specialist appeared on behalf of this appeal. -- - -- Appellant Comment I .N.H.S. wished to convert Joe the Tailor 's ; shop, presently located in the building, to a 1-;bedroom apartment . Joe the Tailor ' s shop will be moving to other premises , next door . Since the building. is non-conforming, a variance is needed for this conversioe, -and any-other similar- action. Mr Chalmers also- mentioned that there would be less of a demand for parking, since the retail business was moving out . Public Comment: No one appeared. Board Comment : Mr: Chalmers was asked about the present parking at the site,the number of tenants , and the plans for residential/ retail use of the building, Mr. Chalmers explained to the Board that there is presently no parking at the site, and that none of the tenants have cars:. There is only one tenant in the building at the present time, and INHS plant to convert the building into 2 retail shops, and 5 apartments . ZONING APPEALS - March 29, 1983 Page 7. Staff Comment.: Though the building. is nonconforming in many respects, the proposed conversion will reduce the intensity of its use.. The overall project will improve the property 's appearance and condition significantly, and contribute to e W.State_St . Improvement Project . Staff 'recommendation:Approval.Mo -----on : . By Mr. Sampson for APP 0_VAL,; seconded ley Mr. Gerkin. . Motion was `CARRIED UNANIMOUSLY, 4-0. SIGN APPEAL 4-.1-83 : Appeal of JFJ Enterprises for A- sign variance for the freestanding sign at 920 N. Cayuga St- (Mobil filling station) , in an R-2b (residential ) . district . The existing sign is larger in area than permitted by the Sign Ordinance , and is within the public right-of--way. The appellant is seeking permission to have a sign larger than the 5 sq.. ft . permitted by the Sign Ordinance, and within the ten foot set- back required. The existing sign has been ordered removed by the Building Commissioner. The sign appeal case was postponed .