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HomeMy WebLinkAboutMN-PDB-1985-05-28 z: t . ��•z�-e.vQ j PLANNING AND DEVELOPMENT BOARD MINUTES May 28, 1985: PRESENT: Chair Blumenthal , M. Sampson, B. Nichols, I . Kramnick, R. Moran, Deputy Director P. Mazzarella ALSO: Other interested parties, the Press 1 . Call to Order: Susan Blumenthal called the meeting to order at 7:35 p.m. 2. Zoning Appeals: See Minutes attached. 3. Preliminary Subdivision - 509 Hector St. (Hazen) : Laura Holmberg, Esq. appeared for Mrs. Marion Culp, 507 Hector St. who is attempting to sell her property at that address. When the survey map was drawn, it was dis- closed that the eaves of the house at 507 Hector project over the property line by a few feet encroaching property at 509 Hector. Various negotia- tions for an easement or an exchange of square footage between the property owners were unsuccessful . The Hazens have now agreed to sell the small portion involved to Mrs. Culp and so the request for a subdivision is be- fore the Board. The subdivision will create a jagged property line but it seems the only solution to the problem. After brief discussion, Motion was made by Sampson, seconded by Nichols, to grant preliminary approval of the subdivision. Mr. Moran stated that the rights of two property owners were involved here and he asked if all parties were apprised of tonight's discussion. Mrs. Holmberg said that they were advised (she had communicated with the Hazen's attorney) . It was mentioned that the Hazens would have to sign the Deed thereby indicating their approval . A new survey would be made and delivered to the Planning Department before the June Board meeting when the request for final approval would be made. If the Hazens wished to speak to the issue, they would have an opportunity at that time. Vote: 5-0-0. Carried; preliminary approval granted. Preliminary Subdivision - 710 W. Court St. (Nezves�y) : Mr. Mazzarella, member of the Gadabout Board, spoke for that organization. Dr. Nezvesky's original request for subdivision of this property to allow sale to Gadabout was declined by the Board in April . Another proposal is before the Board at tonight's meeting whereby Dr. Nezvesky would transfer approximately 4,536 sq. ft. of Gadabout and retain 13,186 sq. ft. with 50 feet of front- age on W. Court Street. Two parcels would be created. As part of the conveyance to Gadabout, Dr. Nezvesky would convey a permanent right to park in the area now used by Gadabout. The driveway would remain the same -2- facing W. Court St. The lot as it is used now would remain the same; only the property lines would be altered. It seems to be an accept- able solution for all parties concerned. Motion was made by Kramnick, seconded by Moran, to grant preliminary approval of the subdivision request. Vote: 5-0-0. Carried. 3. Approval of Minutes: Motion was made by Nichols, seconded by Sampson, to approve the pril 1985 Board Minutes. Vote: 5-0-0. Carried. 4. Codes and Administration Committee: a. Proposed Zoning Amendment 0.40 - yard maintenance. Chair Blumenthal stated that this ordinance was discussed briefly at the April Board meeting and was carried over for further review because of comments and suggestions made by Jon Meigs. In the interim, Common Council approved the ordinance as written. In light of this situation, Kramnick moved to make no comment regarding the ordinance; seconded by Moran. It was noted that the Building Department would be re- quired to send out notifications to violaters of the ordinance regu- lations. Vote: 5-0-0. Motion carried. b. Proposed Zoning Amendment §30.3, 30.25, 30.26 - community gardens. Chair Blumenthal stated that this proposal has been worked on exten- sively. Mr. Kramnick mentioned that the ordinance seemed to be well thought through and fully described. Mr. Kramnick moved to recommend approval to Common Council ; seconded by Sampson. Vote: 5-0-0. Unanimous. 5. Neighborhoods, Housing and Facilities Committee: a. Pleasant Street. Ms. Blumenthal stated that the request for Pleasant Street rezoning would be deferred until next month when Andrea Lazarski , Neighborhood Planner, and representatives of the neighborhood would be present for a discussion of the issues. Ms. Blumenthal also reported that she had received a request from Ithaca Neighborhood Housing Services for a zoning change on the north- side (area north of Court St. ) . This will be referred to Committee. 6. Ad Hoc Committee: a. Disposition of City-owned Land - Parcel #6, Mini Golf Course, Elmira Rd. Reference was made to Director Van Cort's memo of May 15, .1985. A few new points were mentioned: A question was raised as to whether the property could be sold if such sale would cut off access to Elmira Rd. from the property behind it. Concern was expressed that such a sale might constitute a taking of access and would, therefore, require com- pensation. It was decided that the group should meet again to consider modifying the "policies for disposition" to allow sale to an abuttor of the developable parcel (without auctions) when this would promote -3- rationalization of a haphazard land use or ownership pattern. The Committee will meet again to continue discussion of this topic. 7. Preliminar Subdivision - City & State - 1 .5 acres in Cass Park to be transferred to Finger Lakes State Parks: Mr. Mazzarella explained that this is part of a larger discussion between the City and State in an attempt to rationalize land use around Treman Marina and Cass Park. Con- clusion was reached that the City should give a small portion of land to the State to facilitate operations and maintenance and to create a more logical boundary between City and State land. Motion was made by Kramnick and seconded by Moran to grant preliminary approval to the subdivision re- quest. Discussion followed regarding a possible site for the Farmers ' Market. One site being considered was in the locale of this subdivision and Mr. Nichols asked that this be kept in mind. Question was also raised regarding notification to the Hangar Theater and if the State would grant a right of way. The motion was amended to indicate preliminary approval pending resolution of the above concerns. Vote: 5-0-0. Carried. 8. Old Business: a. Off Street Parking - Reference was made to Tom Hoard's memo of May 13, 1985 regarding allocation of required off-site parking space. In that memo, the Building Commissioner outlined the current policy. The conclusion was that there needs to be a better system. One suggestion was that the Zoning Ordinance require signage indicating the spaces dedicated and to whom, and further, that commercial establishments with dedicated parking elsewhere also have signs informing the public of the location and availability of those spaces. Ms. Blumenthal suggested this topic be referred to the Codes and Administration Committee for further study. b. Zoning Appeal Notifications -- Reference was made to Mr. Hoard's response to Mr. Van Cort's memo of May 9, 1985. In that reply, Mr. Hoard advised that the Building Department gives each applicant a copy of the form 'letter developed by Jonathan Meigs and the applicant is told that the form letter must be mailed with the standard appeal notice. After brief discussion by the Board, it was decided that the instructions to the appellants were adequate. No additional in- formation or. directions seem to be warranted. Adjournment of the Meeting - 9:40 p.m. /mc 5/14/85 ZONING APPEALS MINUTES PLANNING AND DEVELOPMENT BOARD May 28, 1985: Susan Blumenthal , Chair, and member of the Codes and Administration Committee, stated that the Committee met prior to tonight's meeting to review this month's zoning appeals cases. They determined the following cases would not be discussed and would be passed on to the Board of Zoning Appeals without comment or recommendation: #1621: (Haag) 520 E. Buffalo St. #1623: (Romano) 554 Spencer Rd. #1624: (Wang) 708 E. Seneca St. #1627: (.Peters) 610 N. Aurora St. #1630: (Buyoucos) 316 N. Geneva St. The following cases would be discussed at tonight's meeting: #1492: (JFJ Enterprises) 920 N. Cayuga St. #1625: (Salerno/Gersh) 404 N. Cayuga St. #1626: . (Ithaca Journal ) 123 W. State St. #1628: (Cuervels) 302 W. Seneca St. #1629: (Lustgarten) 410 W. Green St'. Appeal #1492 - 920 N. Cayuga St. : Appeal of JFJ Enterprises for a use variance to permit continuation of auto repair business in a residential zone. Business is operating under a court-order stay of Building Commissioner's order to stop; court remanded issue for rehearing. Public Comment: None. Board Discussion: There are two different businesses involved here; a service station and a repair service for automobiles. Mr. Sampson . noted that when this request originated in 1983 there was a great deal of neighborhood objection. The station extended its hours to include all-night service causing increased noise and traffic in the area. After brief discussion, the Board determined there was no new evidence presented for granting the extention of the non-conforming business. The present case is based on the Appeal of May 1983. This is a continu- ation of a non-conforming, nonresidential use in an R-2 area. Staff Recommendation: Deny. Motion: Sampson, seconded by Kramnick, moved to recommend denial of the request. Vote: 4-0-0. Motion carried. -2- Appeal #1625 - 404 N. Cayuga St. Appeal of Salerno/Gersh requesting a use variance to permit continuation of a lawyer's office as a pre-existing non-conforming use, established with full knowledge that it was so de- fined by the then-existing zoning ordinance. Public Comment: None. Board Discussion Mr. Mazzarella gave a brief history of Dr. Salerno's use of the building. When Dr. .Salerno moved his practice to 404 N. Cayuga, doctor's offices were at that time permitted in an R-3a zone. He intended to use the second. floor as an apartment but then decided against that use. He converted, the upstairs to another medical office but was unable to rent the space to a medical practitioner because of the steep, narrow stairway leading to the second floor offices. David Gersh, Esq. then rented the second floor to practice law although he was advised by .the Building Commissioner that this was not a legal use in this district Attorney Gersh was asked to cease and desist. Staff Recommendation: Deny the request. Approval of this request would eliminate one potential . residential unit and would establish a precedent for other reductions in the available housing stock. Motion: Sampson, seconded by Kramnick, recommended denial . Vote: 4-0-0. Carried Appeal #1626 - 123 W. State St. : Request of the Ithaca Journal for an area variance to permit extension of the building to the street line to permit a storage and printing facility. Appellant Comment Robert Tallman, architect for the proposed addition, and Richard Carlton, production chief for the Journal , were present. Mr. Tallman explained that the addition at the south end of the existing press room is needed to provide storage and off-street loading and unloading of printed materials. Discussion followed regarding the lot lines, fire lanes, and the backing of trucks onto the premises. Mr. Tallman stated the set- back from Green Street served no purpose. He further explained that a metered parking space would be moved up one ca-r's length;' (to. an existing Journal driveway) after the addition was built. This would allow trucks to back into the loading area with greater ease. Additionally, the park- ing spaces now present will be decreased to five allowing for greater maneu- verability on the property. The new building will store materials which will be printed elsewhere and part of the addition will be used.for print- ing inserts for distribution to other Gannett newspapers in Binghamton and Elmira, Susan Blumenthal mentioned a number of issues discussed in Committee: (1) traffic impact of intensified production in downtown business district and location on the highway; (2) urban design - that is, having another building on the property line; (3) reduction of on-site parking; and -3- (4) expansion of a non-conforming manufacturing and storage use down- town. In response to the question of the design, Mr. Tallman stated that the addition will be matching brick; the same height as the press room; and will contain one fiberglass window. Staff Recommendation: Staff recommendation was split. Mr. Meigs recommended denial of the request citing increased traffic and parking problems on a major arterial and in an area with limited parking capacity. Mr. Mazzarella disagreed saying he could not see much of an impact in- volved here; he believed that traffic would not be increased substantially; and he would like to encourage this type of business to remain in the City. Motion: Kramnick, seconde.d .by Sampson, recommended approval to the Board of Zoning Appeals. Discussion: Mr. Sampson suggested that the Journal encourage the truck- ing firms to make deliveries and pick-ups at times when there was a mini- mum amount of traffic in the vicinity vote: 5-0-0. Carr'.i-ed.. Appeal #1628 - 302 W Seneca St. : Appeal of R. Cuervels for a use variance for conversion of a vacant .gas station to a dentist's office. Appellant Comment: Dr. Ronald Cuervels, appellant, and.his attorney, Stephen M. Bowman, Esq. , were present. The station, has been vacant since 1983. Gulf Oil Corporation, owner, closed the station at the same time others were terminated throughout the State due to economic unpro- fitability Dr. Cuervels would like to use the present structure (which is in sound condition) by adding to it and converting the building to professional offices. The proposed use would convert an existing com- merical property back to a more closely aligned use in the R.-3b zone. Upon notification to the residents of the area, Dr. Cuervels reported that he received only favorable responses . He read a letter from Mr. and Mrs. William P. Morris, 315 W. Buffalo St. , in support of his plan. Discussion followed regarding the site plan and the facade of the build- ing. Basically, Dr. Cuervels will utilize the existing structure (block . building) and will also use the existing canopy. Gulf Oil will remove all gas tanks and equipment on the property. The front of the office will face Albany Street, and it will be handicapped accessible. Mr. Moran asked about the curb cuts presently on the property. Dr. Cuervels said they could be changed to accommodate the City's requirements. Also . discussed was the number of dentists who would use the facility (two, possibly three) and the size of the building which would be necessary to accommodate their needs and the number of proposed parking spaces. Staff Recommendation: Grant with conditions: revise site plan to pro- vide ample and substantial landscaped buffer on north property line, r -4- eliminate curb cuts at the corner, . reduce the size of the building and the number of parking spaces. Motion: Kramnick, seconded by Moran, recommended approval which in- cluded the above-mentioned conditions. Vote: 5-0-0. Carried. Appeal #1629 410 'W. Green St. : Appeal of Lustgarten for a use variance for an "auto-related" radio/stereo installation/repair: business; area var- iances currently exist and would not be changed by this appeal . Public Comment: Mr. Ma;zzarella reported that two individuals who own property nearby but who reside out-of-town contacted the Planning Department by phone to request a delay in the Board's deliberation to allow them time to review the request of Mr. Lustgarten. It was noted also that they had been notified in a timely manner. Board Discussion: Susan Blumenthal noted that. there were two parts to this appeal . The Board would deal with the first part of the request; namely, conversion of the rear building at 410 W. Green from an electric motor repair shop to an automobile radio and stereo installation shop. and a single-family apartment. The second part of the appeal (conversion of the front building from a single-family dwelling to ,a cooperative dwelling for four unrelated persons) would be passed on to the Board of Zoning Appeals without comment. The amount of available parking space was discussed; it appears that only one car at a time could be accommo- dated/serviced. There might be a slight increase in traffic in the area. It was decided after discussion that the increased traffic and parking involved in a location that is predominately residential would have a negative effect on the character and amenity of the neighborhood. It could also add to non-residential uses. Staff Recommendation: Deny. Motion: Kramnick, seconded .by Nichols., moved to make no recommendation on this appeal to the Board of Zoning Appeals. T Vote: 5-0-0. Motion carried. me 5/30/85