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HomeMy WebLinkAboutMN-PDB-1985-11-26 PLANNING AND DEVELOPMENT BOARD MINUTES - November 26, 1985: PRESENT: Chair Blumenthal , S. Jackson, M. Sampson, R. Romanowski , B. Nichols, T. Cookingham Deputy Director P. Mazzarella, INHS Director D. Dylla Other interested parties; Press 1 . Call to Order: Ms. Blumenthal called the meeting to order at 7:30 p.m. 2. Zoning Appeals: See Minutes attached. 3. Preliminary Approval/Subdivision: Biskup/617 Spencer Rd. : Mr. Biskup was present to address the Board regarding his request to sub- divide the parcel at 617 Spencer Road. Mr. Biskup resides in a two-family dwelling situated on the site. He wishes to subdivide to enable him to build a single-family dwelling on an existing foundation as shown on Parcel B of a map prepared by Milton Greene. Except for the .rear yard setback, which is about 45% deficient, the property meets code. Mr. Mazzarella explained how the appellant proposed to divide the land and how he wishes to use an existing.foundation for the construction. The Board discussed the topography of the land and the steep conditions inherent on a portion of the lot. Mr. Biskup realizes that using the existing foundation will cause a front setback deficiency of about 5/ and that this will be taken into consideration by the BZA when application is made for a building permit. Mr. Cookingham, seconded by Mr. Jackson, moved to recommend Preliminary Approval for the subdivision as requested. Vote: 6-0. Carried. 4. Preliminary Approval/Subdivision: Iacovelli/122 Coddington Rd. : Mr. Iacovelli and his attorney, Edward A. Mazza, were present for a con- tinued discussion of this subdivision request. Mr. Mazza referred to a map of the parcel showing the topography and drainage for the proposed development on the two parcels to be created. These were items of concern to the Board in previous discussions with Mr. Lacovelli , The plat plan has been revised to conform with the engineer's survey. Additionally, Mr. Iacovelli has consulted with Tom Hoard, Building Commissioner, and has found that the proposed layout would conform with zoning regulations for the property. Discussion followed regarding the parking spaces allowed in the plan and the layout for the parking area. Mr. Iacovelli stated that he would be willing to add additional parking spaces in excess of those required by the zoning regulations as suggested by the Board. Mr. Cookingham moved to grant Preliminary Approval to the subdivision request. Seconded by Mr. Sampson. Vote: 6-0. Passed. Planning & Development Board Minutes Nov. 26, 1985 (continued) : -2- 5. INHS Application for NYS Affordable Home Ownership Development Program: Douglas Dylla, Executive Director of Ithaca Neighborhood Housing Services, addressed the Board. He explained that the New York State Affordable Home Ownership Development Program was designed to provide housing opportunities . for low- and moderate-income residents in New York State. The legislation creates a public benefit corporation that will authorize grants .to under- write the cost of home purchase and rehabilitation for eligible low- and ;moderate-income residents. Grants will be limited to $15,000 per dwelling unit or 40% of the project cost, whichever is less. Funds are restricted for use in 1-4 family dwellings and they must be owner-occupied. Applicants must live within designated target areas. Funds will be secured by mortgages on the properties and recipients must accept resale restrictions on the property for ten years as a condition of the program. The program can be administered_locally by the municipalityor by a non-profit organization. INHS wishes to submit an application with the support of the City of Ithaca. INHS hopes to assist 10 households to purchase or rehabilitate homes with in the time frame of this program. INHS is asking the Board's support for their application. There will be no additional financial commitment needed from the City and Ithaca Neighborhood Housing Services, Inc. will administer the program. The following Resolution was presented to the Board: WHEREAS, Ithaca Neighborhood Housing Services (INHS) is interested in responding to a Request for Proposals by the New York State Affordable Housing Corporation under their newly established Affordable Home Ownership Development Program, and WHEREAS, the purpose of INHS 's initiative will be to offer home purchase and home rehabilitation assistance to residents of the Community Development eligible neighborhoods of the City of Ithaca, and WHEREAS, the regulations of the Affordable Home Ownership Program require that the City of Ithaca must designate INHS as the agency selected to submit an application under the program for their proposal to be considered, and that the City of Ithaca concurs with the pro- posed program, and WHEREAS, Ithaca must further certify that the needs, eligibility factors and conditions within the proposed program's area are accurately described in the application, and meet the program eligibility criteria stated. in the application, as has been .verified by the Department of Planning and Development, and WHEREAS, the regulations further require that the City of Ithaca certify that the funds to be provided by the New York State Affordable Housing Corporation will not substitute for monies which the Planning & Development Board Minutes Nov. 26, 1985 (continued) : -3- City of Ithaca would have spent in the absence of the Affordable Home Ownership Development Program, and that such monies will enable Ithaca to expand its commitment to increase the supply and improve the condition of low- and moderate-income owner- occupied housing to levels greater than would have been possible without such assistance, NOW, THEREFORE, BE IT RESOLVED that the Planning and Development Board recommends that the Common Council designates Ithaca Neighborhood Housing Services to submit an ,application to the New York State Affordable Housing_Corporation for their Affordable Home Owner- ship Program on behalf of the City of. Ithaca, and that the Common Council authorizes and directs the Mayor, upon the advice of the Corporate Counsel and the Director of Planning and Develop- ment to provide such assurances and certifications as are required in the Affordable. Home Ownership Program. Mr. Jackson, seconded by.Mr. Cookingham, moved to approve the resolution as presented. Vote: 6-0. Passed.. 6. Farmers ' Market: Mr. Jackson reported that the Economic Development and Transportation Committee's final recommendation is not ready for the Board's review. regarding a permanent site for the Ithaca Farmers ' Market. There is a great deal of material to analyze. It seems apparent, however, that the two downtown sites (Woolworth 's lot and the Green Street parking ramp) must be eliminated because of insufficient parking space. This finding was based on a survey and parking countconducted the latter part of September 1985. A packet of information is being prepared for all Board members. which will include. the parking statistics . Mr. Jackson hopes to have the final report to the Board sometime in January. Mr. James Litton, a member/vendor of the Farmers ' Market, spoke briefly to the Board. He wished to bring. once more to the attention of the Board the fact that the market. needs at least 500 parking spaces; space for 150. vendors; and a site that does not conflict with any neighbors. It is his belief that six or more acres are needed for effective operation of the market. Mr. Jackson stated that the six-acre estimate is roughly twice the estimation the Committee has been using based on early figures . Ms. Jones is revising her calculations based on the customer survey and is recalculating vendor space. 7. Employment Maintenance Legislation: The Economic Development and. Transportation Committee discussed employment maintenance legislation in the meeting held recently. Mr. Jackson referred to a resolution encouraging the Mayor to pursue his endeavors to involve business and labor with City government in the effort to forge a mechanism that will meet the goals of the proposed legislation. In Committee they Planning & Development Board Minutes Nov. 26, 1985 (continued) : -4- discussed the status of this legislation in view of public reaction and the concensus is that they still believe i,n the objectives and goals of the legislation with job security as. their main concern. The Committee thought that a public statement was needed to address the reasons for the legislation. Mr. Nichols believed this would place a more positive view on the situation. Mr. Jackson stated that he would like the Board to try to refocus the discussion on the main topic of job security and to bolster the Mayor's efforts in trying to initiate a cooperative process between management and labor. Discussion followed regarding adoption of a resolution addressing the subject or if a letter written to the Mayor at the direction of the Board would be:a better vehicle. Mr. Romanowski stated that he believed _the timing of such a communication was. inappropriate. He thought that due to .public reaction, the Mayor should be allowed more time to bring the various factions together and that at a later date in the negotiations a .statement from the Board would be more effective. He suggested a letter be postposed until the climate was more favorable. The following Resolution was presented (after minor revision) : In view of the controversy surrounding the employment maintenance legis- lation which was endorsed previously by the Planning and Development Board, we reaffirm our conviction that the improvement of job security remains an important objective for sound economic development in the City, of Ithaca. The Board encourages Mayor Gutenberger to pursue his endeavor to involve business and labor with city government in the effort to forge a mechanism. that will meet the goal of improved J ob security. Mr. Nichols moved, seconded by Mr. Jackson, approval of the above resolution and. to direct the Chair to communicate by letter to the Mayor and Common Council .the substance of the resolution. Vote: 5-0. Passed. 8. Approval of Minutes: Mr. Coo ingham moved .to approve the October 1985 Minutes as presented. Seconded by Mr. Nichols Vote: 5-0. Carried. 9. 1986 Planning and Development Department Work Program; Mr. Mazzarella spoke to the Board regarding the Department's proposed work program for 1986. He stated many topics are on-going activites; others are new projects. He reviewed briefly the main projects and their priority level as well as the estimated work days allocated for their completion. The work program will be reviewed by the Planning and Development Committee in December and will be brought to Common Council for their approval in January. Mr. Jackson stated that he thought the priority column was not very useful ; it is his belief that when new projects are proposed, the number of days which need to be allocated from other projects should be mentioned. He felt items which should be included in the Department program Planning & Development Board Minutes Nov. 26, 1985 (continued) : -5- are: Day Care (in conjunction with the Day Care Council ) ; Strategic Planning (preparation for economic development to be undertaken in 1987) ; reduction of revenue-sharing and federal funds (how will the City cope with reduced funds .and how will certain projects be financed?) Mr. Nichols asked about the relationship between the Planning and Development Department and the Board of Public Works. He stated that certain projects in the Planning and Development Depart- ment Work Program are also being undertaken by the DPW (i .e. , Cass Park Improvements) ; he ` sta ted this was an overlapping of projects and suggested that the two departments compare work plans. He would like to .see increased cooperation between departments in general . He also felt that there was an excessive amount of time being allocated to hydro projects. Mr. Mazzarella explained that if certain projects become obsolete, then other tasks would be reassigned to the individual responsible for the obsolete item. The Ad Hoc Committee will meet again to continue discussion and make recommendations relating to the proposed work plan. 10. Clinton Hall Nomination to National Register_: A resolution was presented to the Board regarding nomination of Clinton Hall to the National Register of Historic Places . Clinton Hall has been purchased recently by Mr. Joseph Ciaschi . He is .supporting the nomination which, if granted, would involve certain tax credit benefits to him and this would, .therefore, help him to finance the extensive renovations needed for the .building. The Resolution is as follows: WHEREAS, the continued reuse of existing downtown commercial buildings has been a long-standing concern for the Planning and Develop- ment Board, and WHEREAS, Clinton Hall has remained vacant for a decade as an eyesore to the centralbusiness district, and WHEREAS, City officials and concerned members of the public have worked for years to retain this bui.lding in the hope that it will once again become a viable structure that both contributes to the tax base and to the visual harmony along North Cayuga Street, and WHEREAS, the Planning and Development Board supports the rehabilitation of Clinton Hall , a local landmark, and WHEREAS, Clinton Hall has been proposed for listing on the National Register of Historic Places, NOW, THEREFORE, BE IT RESOLVED that the City of Ithaca Planning and Planning and Development Board supports this, National Register Nomination and believes the building to merit such recognition. Mr. Cookingham moved, seconded by Mr. Nichols, approval of the Res.olut%on, Vote: 5-0. Carried. Planning & Development Board Minutes Nov. 26, 1985 (continued) : -6- 11. Preliminary Subdivision - Gadabout/710-12 W. Court St. : Mr. Mazzarella stated that Gadabout has requested that their subdivision request be withdrawn for the present because certain hindrances to the sale of the parcel have developed. 12. Liaison Reports: Mr. Nichols (BPW) and Mr. Romanowski (P&D Committee) gave brief reports regarding the topics discussed recently at their respective meetings. 13. Discussion followed regarding a date for the December Board meeting in view of:the Christmas holiday. Board members will be contacted to determine a date for the December meeting when quorum will be assured. Adjournment: 10:40 p.m. /mc 12/4/85 ZONING APPEALS MINUTES PLANNING AND DEVELOPMENT BOARD MEETING November 26, 1985: Mr. Cookingham, Chair of the Codes and Administration Committee of the Board, stated that the Committee met prior to tonight's meeting to review this month's zoning cases. The results of their meeting are reported in the attached memo dated November 26, 1985. The Committee determined that two appeals would be discussed at the Board meeting: Appeal 1669 and Appeal 1670. APPEAL 1669: Request of C. Axtell for area variances to convert a two unit owner-occupied dwelling at 322 Pleasant Street to three units. The Committee had decided to ask the BZA to defer action on this. request because of the rezoning study recently conducted for the South Hill area which resulted in a request before Common Council at this time 'requesting. a 'change in the. zoning. Mr. Romanowski suggested that since Council must -make a determination and authorize a change in the Ordinance that this request be passed on to the Board of Zoning Appeals without recommendation, from the Board rather than defer action for another -month. This case is an example of the type of change that erodes the attractive- ness of residential areas, which is the reason area residents have lobbied for a zoning change. After considerable discussion, Mr.. Jackson moved to recommend referral to the BZA with a recommendation of denial. In addition, the Board wished to remind the BZA of the pending legislation for this residential area. Motion seconded by Mr. Cookingham. Vote: 5-ayes, 1-nay (Romanowski ) . Carried. APPEAL 1670: Interpretation of off-street parking requirements for multiple dwellings. Mr. Mazzarella, Deputy Director, . stated that in the zoning ordinance there are several different types of residential land uses listed; one of which is a multiple dwelling apartment in which the off-street parking requirement i,s one space per three bedrooms. As additional bedrooms are added, more off-street parking spaces are required. A-three bedroom unit requires one parking space; a five bedroom unit would require two. The problem is that there is another definition called a 'cooperative household' and this is defined as four or more unrelated individuals living together. Mr. Hoard has interpreted this to mean that regardless of where that dwelling unit is located (i .e. , a single-family home containing many bedrooms or an apartment unit in a building) if there are four or more unrelated people in that unit then that is a cooperative household. Mr. Hoard wrote a memo last .summer to all the building inspectors in an effort to clarify the problem in which he indicated that any unit with four or more unlreated people is a cooperative household and, therefore, the off-street parking requirement for a cooperative household would apply. Several landlords in the city have challenged Mr. Hoard's interpretation of the Ordinance. Jon Meigs, who was involved in the revisions to the Zoning Ordinance in 1977, indicated that Mr. Hoard's interpretation of. the intent of the regulation is correct. Mr. Meigs stated in a memo written on November. 25, 1985 that it is his professional opinion, based on long experience with the city's zoning regulations from draft through application, that the intent of the provisions in the 1977 (current) revision of the Zoning Ordinance with relation to cooperative households was -2- (1) that they apply to any and all dwelling units occupied by four or more unrelated adults, not solely to detached single-family houses (or duplexes) ; and (2) that the parking requirement for cooperative households be applicable irrespective of type of dwelling occupied by the group. After discussion of these issues, Mr. Cookingham moved to recommend approval to the Board of Zoning Appeals of Mr. Hoard's interpretation of off-street parking requirements for multiple dwellings as outline above. Motion seconded by Mr. Romanowski . Vote: 6-0. Carried. /mc 11/27/85 f ti: MAIN IA `o°••a....T...�e��� A�RAEO CITY OF ITHACA 10e EAST GREEN STREET ITHACA, NEW YORK 14850 DEPARTMENT OF TELEPHONE:272-1713 PLANNING&DEVELOPMENT CODE 607 H.MATTHYS VAN CORT,DIRECTOR MEMORANDUM To: Board of Zoning Appeals From: Board of Planning and Development Sub: Report on Zoning Appeals 1666-1670 Date: November 26, 1985 In accordance with provisions of the Zoning Ordinance, this Board has reviewed subject appeals, with particular attention to any potential effects on long-range planning objectives, and reports to the Board of Zoning Appeals as follows: APPEAL 1666, Area Variance (existing front setback) to permit construction of 'deck and solar room additions to 1-family owner- occupied dwelling at 203 Hook P1 ., in an R-1a zone. No planning issues: BZA is free to act. APPEAL 1667, Area Variance (side setback) to complete construction of the final 8-apartment structure (in the Ravenwood complex; 516 University Av. , in an R-3a zone. Engineering error resulted in foundation location 7.7' from side line, instead of ten feet. No planning issues; BZA is free to act. APPEAL 1668, Area Variances (existing lot width and side yard) to permit one-storey addition to front of one-storey office building at 528 W. Green St. , in a B-2a zone. While there are no planning issues of major concern, this Board would recommend that for the sake of maintaining conditions insofar as possible favorable to residential use of the adjoining property, the side yard setback of a minimum five feet (,5' ) be required for the addition, but that the lot width variance be granted. It was noted that the property is adequate for the proposal in other respects, including provisions for off- street parking, and that material submitted with the appeal show alternative configurations for the addition, one of which. indicates at 5' yard. APPEAL 1669, Area Variances (existing front setback; lot area for conversion) to convert 2-unit owner-occupied dwelling at 322 Pleasant St. , in an R-3a zone, to 3 units. Planning issues ; increased density and intensity of use, parking, and appropriateness of existing zoning. Due in particular to the latter issue, and the related proposal before Council to change the "An Equal Opportunity Employer with an Affirmative Action Program" -2- zoning in this area, this Board requests the Board of Zoning Appeals to defer action on Appeal 1669 until its January 1986 meeting. At that time the zoning direction for the area may be settled, providing necessary input for a decision. APPEAL 1670, Interpretation of Off-Street Parking Requirements for Multiple Dwellings. This matter has potential for significant impacts in all districts of the city where multiple residences are permitted, and will be discussed at the Nov. 26 meeting of this Board. A separate report will be forwarded to BZA. JM/mc