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HomeMy WebLinkAboutMN-PDB-1986-04-29 ' � ^ ' � PLANNING AND DEVELOPMENT BOARD MINUTES - April 29, 1986 PRESENT: Chair S. Blumenthal , S. Jackson, M. Sampson, M. Albanese, R. Moran, S. Cummings, T. Cookingham. Also, Director Van Cort, Deputy Director Mazzarella. 1. Call to Order - 7:40 p. m. 2. PUBLIC HEARING: Novarr/Mackesey Lease, Cherry Street Industrial Park S. Cummings moved, seconded by M. Albanese, to open the public hearing. No one was present to address the issue either pro or con. Motion was made and seconded to close the public hearing. Dir. Van Cort recommended approval of the lease; topic has been discussed at the March P&D Board meeting ; lease is the same as other negotiated for Cherry Street Industrial Park. MOTION: S. Cummings moved, seconded by T. Cookingham, to recommend approvalof the Novarr/Mackesey lease. VOTE: 5-0. Passed. 3. ZONING APPEALS: See Minutes attached. 4. PRELIMINARY SUBDIVISION - 370 Elmira Rd. Mr. Zikakis is purchasing 6. 9 acres of land from Mr. Marion on the Elmira Road. Mr. Van Cort reported that he and Jon Meigs met with Mr. Zikakis to discuss aspects of the subdivision. Mr. Zikakis is seeking to subdivide the additional parcel ; he wishes to dispose of an irregularly shaped portion; it will be purchased by Talk of the Town; the restaurant will use this land for parking. Dirk Galbraith, Esq. appeared for Mr. Zikakis. He presented plans and explained that the subdivision would add to the existing parcel and allow Mr. Zikakis to build an automotive dealership on the new parcel created. Plans have been reviewed by the Planning ' Department. Mr. Van Cort explained that the City will require a 50 foot right of way which would be deeded to the City for a future road to be constructed there as a secondary access route. � The deeded right of way would be given to the City without cost. Environmental approval is required for this industrial subdivision. Director Van Cort suggested that the Board ask Council to be appointed Lead Agency for this subdivision request ; thereafter the Planning Department could begin work on the environmental review process. MOTION: S. Cummings, seconded by M. Sampson, moved conditional approval of the preliminary plat conditioned upon Council' s approval of Lead Agency designation. VOTE: 7-0. Carried unanimously. MOTION: T. Cookingham, seconded by M. Albanese, moved that the Board recommend that Council designate this Board Lead Agency for environmental review of this proposed subdivision, as specified in the following resolution for Council action: ` P&D Minutes 4/29/86 Page 2 WHEREAS, an application has been made to the Board of Planning and Development by William and Roth Zikakis for approval of a proposed subdivision on Commercial Avenue, and WHEREAS, such subdivision is a Type I action under City environmental regulations, requiring initiation of environmental review procedures, and WHEREAS, the City' s Environmental Quality Review Ordinance provides that while Common Council shall have overall authority for administration of the regulations, it may designate a particular City agency to act as Lead Agency where the matter under consideration would normally be under that agency' s Jurisdiction, NOW, THEREFORE, BE IT RESOLVED that the Board of Planning and Development be designated Lead Agency in the matter of the proposed Zikakis subdivision on Commercial Avenue, Assessment Parcel 126-1-2. VOTE: 7-0. Carried. 5. PRELIMINARY SUBDIVISION: 309 Eddy St. Mr. C. Anagnost appeared to explain his request for subdivision. He is attempting to adjust lot lines for zoning purposes; development is not contemplated at this time. He presented a map of the area showing four contiguous parcels under his ownership, including a land-locked parcel of 27 feet x 165 feet which is unusable by itself. The requested subdivision would enlarge Parcel 1 to provide seven on-site parking spaces. Changes to Parcel 1 and 2 would bring these lots into closer conformity with present zoning requirements. A right of way would remain allowing access to a back parking lot. Mr. Van Cort said that this was a minor adjustment of property lines and this action did not require' extensive environmental review. However, Mr. Jackson asked whether the subdivision might not enable additional development on the property, to the extent that it did become a Type I action; and if so, whether the environmental review process should not begin now. MOTION: T. Cookingham, seconded by R. Moran, moved conditional approval be granted conditioned upon Counsel' s review of the appropriate environmental (review) document, to be prepared ; and the question of whether this (subdivision) has implications for a change in density. VOTE: 7-0. Carried. 6. WEST HILL - Tax Map Parcel 54-1-9: Director Van Cort explained that a question has arisen regarding a County-owned right of way which bisects a portion of Parcel 54-1-9. The Codes and `Administration Committee discussed whether the City should approach the County to obtain the r. o. w. in question. Mr. Van Cort stated that this was not a formal subdivision request at this time. However, a potential buyer is seeking the parcel to construct one single-family dwelling and in so doing he will need to apply for subdivision. The Committee felt that since part of the City' s goals included development of single-family homes within the City, they questioned whether it would be wise to allow /__�none dwelling on a 3* acre site in the midst of an area that could be developed further. The Committee suggested that the City approach the County for the purpose of exploring control ` . P&D Minutes 4/29/86 Page 3 of the r. o. w. and by do doing reserve its right to construct a roadway through the large parcel or secure access to it. MOTION: T. Cookingham, seconded by S. Jackson, moved that the Planning and Development Board recommend to Council that they approach the County to obtain control of the right of way as discussed. VOTE: 6-0. Carried. 7. SPENCER ROAD: Mediation - A report was given by Judy Saul of the Resolution Dispute Center regarding the negotiation sessions held by the developers of the proposed Treetops subdivision and representatives of the neighborhood. Three sessions have been held; meetings have been productive - each side talking directly to the other; several proposals have been presented ; a great deal of information has been exchanged. Talks will continue after tonight' s meeting if warranted. Mr. Van Cort stated that Conditional Approval of the subdivision is requested at tonight ' s meeting. A postponement of conditional approval had been agreed to by the Board and developer last month. In the interim, Director Van Cort had asked the Fire Chief, the City Engineer, and the Building ' Commissioner for their comments and recommendations after review ' of Mr. Weisburd' s plans. The developer will submit further information in reply to the questions posed by the above- mentioned principals. A draft resolution granting conditional approval to the subdivision was reviewed and after discussion was revised by the Board. Resolutions regarding drainage and traffic were also discussed. Members of the neighborhood and the developers, Mr. and Mrs. Weisburd, were present and addressed the Board. Nellie Francis, a Spencer Rd. resident, said that entrance to the development off Stone Quarry Rd. was being explored ; residents were very interested in this suggestion. Dan Tillemans stated that the density issue was paramount ; he wished to have negotiation sessions continued. He believes that twelve dwelling units are excessive and he wished to discourage the Board from giving conditional approval -at this time. Claudia Weisburdstated that she wished to continue with productive mediation talks. Mr. Weisburd, commenting on the question of density, stated that the Treetops development is 40% less dense than the Ordinance allows. He also claimed that it is whimsical to limit density if it is allowed in the Ordinance. ' Mrs. Weisburd asked that the number of units be incorporated into the SEQR review; she objected to it being left completely open- ended. If the SEQR criteria is met regarding the proposed number of units, then the Board should not request a smaller number of units for the development. Discussion continued regarding density as it pertains to the Master Plan and its relationship to SEQR review. N. Francis mentioned the loading/parking lane; she claimed that the picture of the original site layout is changing. In this change, items may be overlooked which are important to the neighborhood. P&D Minutes 4/29/86 Page 4 Raymond Francis stated that affordable housing has been promised. Can Mr. Weisburd ensure that affordable units will be ` available? S. Cummings stated that in the environmental review dealing with the character of the neighborhood affordable housing was noted as a concern. MOTION: S. Jackson, seconded by M. Albanese, moved the following resolution: WHEREAS, application has been made for Conditional Approval of a proposed subdivision of property at 527 Spencer Road, and WHEREAS, environmental review of the subdivision is currently in progress, and WHEREAS, the proposed subdivision and development fall generally within established guidelines for permissible use of the site, and WHEREAS, all interested parties are participating in a process of project review and evaluation in an effort to resolve questions and concerns, in order to determine the best and most acceptable use of the site, and WHEREAS, City regulations, in setting forth standards and guidelines for review and approval of such projects, prescribe certain time frames for decision-making in order to assume . applicants of timely processing of projects, and WHEREAS, applicant has agreed to extension of the time frame for Conditional Approval to April 29, 1986, and WHEREAS, Conditional Approval of a proposed subdivision connotes approval of a general subdivision concept, but does not constitute approval of a specific plat, NOW, THEREFORE, BE IT RESOLVED that the Board of Planning and Development of the City of Ithaca grants Conditional Approval of the proposed subdivision of property at 527 Spencer Rd. , known as "Treetops", as submitted February 25, 1986, the conditions of this approval being: ( 1 ) Completion of all environmental review of the proposal before presenting it for Final Approval, including review of all issues raised by the Fire Chief, Building Commissioner, and Board of Planning and Development ; (2) Design of the driveway in accordance with standards and requirements provided by the City Engineer and the Fire Chief for, satisfactory Fire Department and emergency service apparatus access; ` (3) Legal provisions satisfactory to assure this Board that the entire property, following development, will be maintained to high standards of appearance and that vehicular access will be maintained to all units under all weather conditions; and (4) The Board of Planning and Development again endorses the process of negotiations and agrees to give serious consideration in its consideration of Final Approval to agreements reached by the neighborhood and the developer; and ' (5) The Planning and Development Board reserves the right to approve a smaller number of units based on the overall carrying capacity of the site based not only on drainage and access but on the general impact of the development on the site and its surroundings. P&D Minutes ` 4/29/86 -, Page 5 ' ' VOTE: 7-0. Carried. A resolution regarding traffic was moved by S. Jackson and seconded by T. Cookingham as follows: WHEREAS, the residents of Spencer Road have appeared before the Planning and Development Board to express their concern about traffic on Spencer Road, and WHEREAS, the speed and volume of the traffic on Spencer Road is excessive for a local street, and WHEREAS, this traffic constitutes an acute and ongoing hazard to the safety of the residents of that area, particularly young children, and WHEREAS, much of the traffic on Spencer Road is commuter traffic using this local street as a bypass to Elmira Road, and WHEREAS, Elmira Road has ample excess capacity to handle all through traffic on Spencer Road, NOW, THEREFORE, BE IT RESOLVED, that the Planning and Development Board requests that the Board of Public Works investigate the best means of removing through traffic from Spencer Road. VOTE: 7-0. Carried. A resolution regarding drainage was presented ; moved by T. Cookingham and seconded by R. Moran: WHEREAS, the Planning and Development Board is in the process of reviewing a subdivision proposal on Spencer Road, and WHEREAS, the residents of the Area have brought to the attention of the Board certain drainage problems which pose a threat to ' their properties, NOW, THEREFORE, BE IT RESOLVED that the Planning and Development Board does hereby request the assistance of the City Engineer in analyzing the drainage in the Spencer Road/Elmira Road area, and BE IT FURTHER RESOLVED that the studies be conducted in a timely manner for inclusion of recommended improvements in the City' s Capital Budget for 1987. VOTE: 7-0. Carried. Discussion continued regarding proposals to limit speed and traffic in the Spencer Road/Elmira Road area. The Board of Public Works is reviewing options and will make recommendations. The question of installing speed bumps was raised and briefly discussed. Lowering the speed limit was also mentioned. Recommendations on these matters were deferred pending further input from the neighborhood. 7. SPENCER ROAD ZONING STUDY: The Planning and Development Committee requested the Planning Dept. to conduct a study of the Spencer Road neighborhood in response to a petition to rezone a portion of this area from R-2a to R-1a. The four-part study ` reviewed the residential structures as they presently exist and the occupants; analyzed the attitudes of the residents about a . ' P&D Minutes 4/29/86 Page 6 variety of issues; reviewed indicators of neighborhood change and evaluated the impact of the proposed rezoning. Supplementary information for the study was also gathered from Building Department records, tax assessment records and census data. The study area is larger than the area proposed for rezoning by the Spencer Road residents. Mr. Mazzarella highlighted the pertinent facts from each of the four sections of the report. As a result of the analysis, certain questions and issues were raised relating to the proposed zoning change: (1 ) Is the proposed change contrary to the existing land use pattern? A change to R-1a would lower the permitted development density and further restrict permitted land uses. In the area to be rezoned, 82% of the residential properties would become non-conforming for one or more reasons. 78% of residential properties are all ready non-conforming and would be even more so in the R-1a district. (2) What is the , potential for change based on present zoning regulations? The proposed Treetops development is the only large undeveloped site in the neighborhood. The potential is very limited to create new lots for 1 and 2-family homes. In most cases, these could only be granted through the obtaining of a variance. (3) Is the existing zoning a mistake? According to the City' s 1972 comprehensive plan this area was intended to be developed as a medium density area. Present density is well below the four-to- six dwelling units per acre that was indicated. (Note: It was determined after the meeting that medium density as defined by the 1972 plan is not 4-6 units per acre, but rather 5-11 units per acre. ) This is not likely to change; property values have not deteriorated; the neighborhood has been up-graded by the actions of its residents - all under existing zoning. The study concludes that the proposed zoning change to R-1a is not warranted. Rezoning of the Spencer Road neighborhood to R- 1a would impose a more restrictive zoning regime and would inhibit the objective of good quality, affordable housing. ` Mr. Weisburd commended Mr. Mazzarella for an excellent report (as did other speakers in the audience) prepared in a timely manner. He asked if the 2. 2 density figure also included commercial property. Mr. Mazzarella eAplained his method for determining the development density which did not include commercial property. S. Cummings questioned the suggestion that there are possible zoning solutions to existing problems such as traffic, parking and the impact of commercial establishments. Mr. Mazzarella stated, ,for example, that certain types of commercial establishments are now allowed in the R-2a district. Therefore, a possible change in what is allowed in the R-2a district might be to eliminate all commercial ventures for Spencer Road. / P&D Minutes 4/29/86 Page 7 � S. Jackson commented that the neighborhood appears to be doing well and is continuing to improve. In contemplating a zoning change to R-1a he felt the percentage of non-conformance was important. He believes that there is a serious problem with the zoning classification which the area has at present. Dan Tillemans asked how amendments to the zoning ordinance could be effected ; how the process works; who makes the decisions; etc. Mr. Van Cort explained that Common Council may from time to time amend the ordinance upon recommendation of the Planning and Development Board or at its own initiative. Mr. Mazzarella stated that problems existing in the neighborhood could be presented to the Board who in turn would refer them to Common Council. Raymond Francis stated that he felt non-conformities were minimal and that density was far more important. Development could increase rapidly .and he wanted to know how the neighborhood could be protected. M. Lyons addressed the question of affordable housing and stressed the need for flexibility in types of homes both for home- owners and renters. MOTION: M. Albanese, seconded by T. Cookingham, moved to accept the report and the recommendation that no change in the zoning of Spencer Road be effected at this time. S. Jackson amended the motion to request that the Planning and Development staff look into zoning alternatives as part of the neighborhoods and housing study. VOTE: 7-0. Passed. S. PRELIMINARY SUBDIVISION: 740 CascadilIa Street. Mr. Van Cort reported that Mr. Giordano has agreed to a one month postponement of his request for preliminary subdivision pending the recommendations of NYSDOT concerning this site. 9. TECHNICAL ADVISORY COMMITTEE: Mr. Mazzarella reported that the Technical Advisory Committee for the strategic plan held their initial meeting on April 24, 1986. It was a productive session with an enthusiastic group; meeting will be held every two weeks. 10. FARMERS MARKET: S. Jackson reported that the Farmers' Market General meeting was held April 17; approximately 60 members were present. At the meeting they discussed a permanent site for the Market. The membership directed the Board to continue scrutiny of the Northside site and to work with the City toward this end. The Farmers' Market Board will hold funds in abeyance until needed by the City for site study and/or development. 11. PROPOSED REZONING - 5 Mile Drive: Mr. Cookingham reported that the Town is proposing to rezone industrial districts to residential in the 5 Mile Drive area. This would be more . ^ P&D Minutes 4/29/86 Page 8 ' compatible with existing City zoning and probable land use. The Town is circulating a preliminary draft EIS along with a Notice of Intent to designate the Town Board as Lead Agency, The Codes and Administration Committee reviewed the Town proposal and they recommend approval with one relatively small exception noted in the Committee' s report. They further recommend that the Mayor respond affirmatively to the Town in this matter. MOTIONn R. Moran moved, seconded by S. Jackson, to approve the Committee' s recommendation. Vote: 7-0. Passed. 12. APPROVAL OF MINUTES; The March 1986 Minutes were moved and seconded for approval. Vote: 7-0. Passed. 13. LEAD AGENCY RESOLUTION: A resolution was presented by which Common Council would designate the Planning and Development Board as Lead Agency for all future subdivision requests if they involved environmental review. The resolution read as follows: WHEREAS, the Board of Planning and Development of the City of Ithaca is charged with the responsibility of reviewing and approving all subdivision of land within the City, and WHEREAS, discretionary actions of this nature are also subject to environmental review under the City' s Environmental Quality Review Ordinance, and WHEREAS, recent experience has shown that the time scales for the various stages of review under these ordinances conflict and do not promote an orderly and efficient process of project evaluation and decision making, causing delay and imposing additional burdens on all parties involved, and WHEREAS, it is appropriate that the Board of Planning and Development act as Lead Agency for environmental review of subdivisions in the City, and WHEREAS, the statutory requirement for designation of Lead Agency other than Common Council unnecessarily delays and complicates the processing of subdivision applications, NOW, THEREFORE, BE IT RESOLVED that Common Council hereby designates the Board of Planning and Development as Lead Agency for environmental review of all applications for subdivision of property in the City of Ithaca. S. Jackson objected to the resolution hastily presented which did not allow for study and discussion by the Board. MOTION: S. Blumenthal, seconded by S. Cummings, moved to approve the above resolution. Vote: 5-2 (R. Moran, S. Jackson) . Carried. 14. Adjournment - 11 :50 p. m. /mc ' ZONING APPEALS MINUTES April 29, 1986 The Codes and Administration Committee met on April 23, 1986 and reviewed this month's zoning appeals cases. They determined that Appeal 1696 ( 140 College Av. ) presented complex issues and should be ' discussed at tonight' s meeting. (See memorandum of T. Cookingham to P&D Board dated 4/24/86. ) The remaining appeals did not involve questions of city-wide general planning significance and would not be discussed by the Board. However, upon the request of a resident of Fall Creek, Mr. Andy Hollander, appeal 1694 ( 1011 N. Aurora St. ) was added to tonight' s agenda for discussion and comment. APPEAL 1696: Appeal of N. Falconer, 140 College Ave. Mr. Cookingham pointed out that the property at 140 College Ave. is in the area covered by the moratorium. The owner wishes to convert the single-family house to a bed and breakfast inn or some other use permitted in R-3 but not presently allowed in this location. The Committee addressed only the request for a bed and breakfast facility. It was mentioned that the appellant provided insufficient information to support her request : documentation of alleged prior use and occupancy; accurate plans and proposed layout ; site plan showing parking areas and spaces, driveways, structures, landscaping, etc. Susan Cummings stated that due to insufficient data she recommends a 30-day delay of the request in which time the appellant could submit documentation. James Kerrigan, Esq. appeared for the appellant. Also present were J. Sharma, Architect and Ms. Falconer, owner of the property. Mr. Kerrigan referred to a sketch which showed there were eight single-family homes ^in the area; all others are multiple dwellings. He said that eight parking spaces are proposed. The previous owner, rented to as many as nine individuals for many years. M. Falconer purchased the property one month prior to the moratorium ruling. Attorney Kerrigan contends that as a planning issue the proposed restoration of this historic dwelling and proposed use would be a highly desired use for this property. He also stated that vehicular traffic would not increase because people using the bed and breakfast facility would be walking to the University campus for studies or business purposes. Four or five people are currently occupying the premises. NO. Sharma addressed the Board and displayed plans of the proposed renovation. The first floor would contain a living room, dining room and kitchen with four bedrooms on each of the second and third floors. The interior stairway would be enclosed to comply with regulations and a complete sprinkler system would be installed. Baths would be added for each bedroom; size of the bedrooms would vary. Board discussion centered on the purpose of the moratorium which was to keep density in check. Mr. Cookingham stated that this use appears to him to be an increase in density. Season Cummings stated that based on information available now, actual prior use may well have been more dense than that legally ascribed to it. She is supportive of of a bed and breakfast if it is a visual enhancement to ` the neighborhood and if it would not actually increase density beyond that which has existed, then the spirit of the moratorium would be observed. Mr. Jackson spoke of the need for enforcement of density regulations and recommends denial because he believes it would be an increase in the legal density. Mr. Kerrigan added that when the moratorium was enacted, this property was designated as a multiple residence. Staff Recommendation: Because the proposed use would slightly reduce available year-round housing and increase pressure on remaining stock, and because the area is currently under study for possible zoning change, it is recommended that the appeal be denied without prejudice. Director Van Cort stated that after seeing the site plan and hearing the presentation he believed it was a proper ~ use for the building. He pointed out however that this represents a significant change in use and one which might not be contemplated in the re-writing of the zoning ordinance. With some reluctance, then, he does not recommend approval. Motion: S. Jackson, seconded by T. Cookingham, moved to recommend denial without prejudice based on the moratorium. Discussion: S. Cummings stated she would vote against the motion because she believes the bed and breakfast is an appropriate use and an exception to the moratorium is warranted in this case. Mr. Albanese commented that he would also vote against the motion because he was not convinced that this use would increase density. Mr. Cookingham stated that the moratorium should be upheld and exceptions not allowed. Mr. Sampson said he would abstain due to lack of information, i . e. , size of bedrooms and proposed occupancy and layout of parking areas. Vote: 3-ayes, 3-nays (Cummings, Moran, Albanese) , l-abstention (Sampson) . Motion defeated. Motion: Ms. Cummings moved to recommend approval of the appeal to the BZA as a bed and breakfast facility (as apposed to a rooming house) in order to limit density. Vote: 4-ayes, 3-nays (Jackson, Cookingham, Blumenthal) . Motion carried. APPEAL 1694: Appeal of B. Everts, 1011 N. Aurora St. Appellant wishes to purchase home and convert it to two units. It is presently a single-family house. Yard and coverage deficiencies are due to a large house on a small lot. Paul N. Tavelli, Esq. appeared for the appellant. He stated that Ms. Everts wishes to buy the property and renovate it into a duplex. It had been a duplex in the 1930s and 1940s and then had been changed to a single-family dwelling in the 1950s. There are three bedrooms downstairs and four bedrooms on the upper level plus remnants of a kitchen. It is now owned by an absentee landlord ; Ms. Everts resides nearby at 305 E. Fall St. Mr. Tavelli stated that duplexes are allowed in this area. Mr. Andy Hollander, who resides next door to the subject property, appeared in opposition to the request. He showed slides of the neighborhood and of the premises which depicted existing conditions. He is objecting to the proposed use of the property and . . the resulting resulting increase in density. He chronicled deterioration of the premises over the past several years as the property at 1011 N. Aurora changed ownership. He stated he believes that the Planning Board should be concerned with how the city is impacted visually and how neighborhoods are used. M. Hollander showed several slides of the neighborhood and focused on another property on East Fall Street ` owned by Ms. Everts for the past several years. He also presented slides of Ms. Everts residence at 305 E. Falls St. He contended that the appellant is not diligent in maintenance of the properties she already owns and so he is objecting to her purchase of an additional property in this area. He believes the appellant does not have the financial resources or the inclination to maintain the property adequately. Atty. Tavelli offered rebuttal : he pointed out that duplexes area allowed in this area and it is a legitimate use. The proposed used would decrease density and traffic over what the property is used for now. S. Jackson stated there were no long range city-wide planning issues involved. S. Cummings mentioned recent variance requests in this neighborhood. Staff Recommendation is "no recommendation; BZA may act at its discretion". Motion: S. Jackson moved, seconded by M. Sampson, to pass this appeal on the the Board of Zoning Appeals without recommendation. Discussion followed regarding the effectiveness of the building code pertaining to the maintenance of properties; appearance and aesthetics; health and safety; and neighborhood stability. Vote: 5-ayes, 2-nays (S. Blumenthal, S. Cummings) . Carried. Motion: As a result of the previous discussion, Mr. Jackson moved, seconded by Mr. Cookingham, to request Neighborhoods, Housing and Facilities Committee of the Board to research the issue of property maintenance, aesthetic considerations, interpretation of present codes (and/or new language needed in the regulations) in order to more effectively address such problems as presented in Appeal 1694. Vote: 5-ayes, 2-nays (S. Blumenthal, S. Cummings) . A w �p�1TI�q ®®All Agenda Item: 6.C. (1) �RA760� CITY OF ITHACA 108 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 Planning and Development From: T. Cookingham, Chair, Codes and Administration Committee Sub: Zoning Appeals for April 1986 Date: April 24, 1986 The Committee met April 23 to review appeals on the BZA agenda for its May meeting, and reports as follows: Appeals 5-1-86; 1691 through 1695; and 1697 do not involve questions of city-wide general planning significance, and thus will not be discussed by this Board, The Committee does wish to point out that Appeal 1693 involves a property covered by the current zoning moratorium; however, since it does not appear to involve an issue that would lead to increased occupancy, no issue of significance is involved in planning terms. Appeal 1696 does seem to bear enough_ significance to warrant discussion, both because of the general nature and complexity of the appeal , and because it may involve some increase in the density of occupancy or intensity of use of a property in the area covered by the current zoning moratorium, The committee feels that it would be inappropriate to attempt to deal with. the full range of alternatives presented by appellant, since to do so would probably take away from time needed to handle other important agenda items. However, because the appeal is felt to be of some general si_gni:ficance, it was decided that it would be reasonable and fair to consider appellant's preferred use of the premises, as a bed and breakfast inn, pro- vided that the Ci'ty.Attorney felt that such a limited scope of review is permissible, Jon Meigs subsequently conferred with the Attorney, whose opinion is that this is permissible, in the light of the Board's limited advisory role, The committee's discussion resulted in identification of several questions whose answers may have bearing on the Board's action regarding the bed and breakfast use. These are: (1) What evidence can be presented by appellant to document and support the alleged prior use and occupancy of the premises, as stated in the appeal? Something more firm than 'belief` is needed to determine "An Equal Opportunity Employer with an Affirmative Action Program" -2- whether the proposed use will be more dense or intense than previously. (2) What is the existing and proposed layout of the building? Accurate plans are important to give an indication of the present and in- tended intensity of use. (3) How and where would the necessary off-street parking be provided? Appellant's description is unclear, but it seems to imply that some space would be in the front yard. A site plan accurately drawn is needed for this purpose: it should show all features of the site develop- ment proposed, including structures, parking areas and spaces, driveway access, parking area screening, landscaping, and any significant topo- graphical features. The committee noted that at least nine spaces, not eight, would be necessary if the number of guest bedrooms is to be eight, as stated in the legal notice: at least one would be necessary for the innkeeper. Jon Meigs will inform appellant that the appeal will be discussed, as specified, at the meeting; and will request appellant to supply infor- mation to answer the above questions . In the absence of this information, and the Attorney's ruling, the committee made no recommendation to the Board. However, possible courses of Board action, depending on appellant's response, were defined: (1) The Board, if presented with sufficient information on which to make a determination, will make a report of its findings , comments and/or recommendations to the BZA. (2) In the event insufficient information is made available, the Board may ;request deferral of the appeal for one month and request further information from appellant; or, depending on appellant's response, may pass the appeal immediately to BZA, with any comment or recommendation appropriate. TC/mc Attachments: Legal Notice Appeal 1696