The URL can be used to link to this page

Home My WebLink AboutMN-PDB-1994-06-28 Board of Planning and Development MINUTES June 28, 1994 Present: S.Adams,D. Kay(Chair), C.Peterson,D.Rusoff,J. Schroeder. Staff. H.M. Van Cort, E.Jacobs. Also, applicants,members of the public. 1. Privilege of the Floor. Doria Higgins came before the Board to discuss items not on the Board's agenda. 2. Final Subdivision Approval and Public Hearing A. 507 N.Aurora St./McCary A public hearing was opened by the Chair,and no one from the public commented on the subdivision. Adams, seconded by Schroeder,moved final approval contingent on BZA variances and that the easements to provide access to both parcels are in place before final subdivision is complete,carried 5-0. 3. Preliminary Subdivision Approval A. 603 Utica St./Johnson/Suskin & Sperry Applicants were acting as agents for the owner of the property to be subdivided. The proposal is to add approximately 100 sq. ft. to create a garden area at 206 E. Jay. Karen Silverstein, attorney representing Karen Gibson of 204 E.Jay Street who has adjoining property, opposed the subdivision claiming that creating irregular lot lines will have a negative effect on her property value. Ms. Silverstein requested concessions in the form of deed restrictions stating that the subdivided area could only be used for a garden and must be enclosed by a fence of wood construction not to exceed four feet in height. After some discussion Schroeder, seconded by Rusoff,moved a Negative Declaration of Environmental Significance. The vote was 5-0-1 (Clavel abstained having just arrived at the meeting). Rusoff moved preliminary subdivision approval with the condition that a deed restriction be imposed stating that the parcel created shall not be used for vehicular parking or building structures. This motion was seconded by Schroeder and carried, 5-0-1 (Clavel abstained). 4. Preliminary Site Plan Review/Environmental Review/Continuation of Public Hearing A. 151 Dryden Road/Apartment Building/Sharma for Fane Following discussion of a traffic report prepared by James Napoleon,the public hearing was reopened. Thomas Hanna,first ward council representative,reported on a neighborhood meeting held the previous evening regarding both this project and another apartment building proposed for 304 College Ave. Other comments received from the public included urban planning issues and comments that there has not been a significant increase in traffic or parking in Collegetown over the past few decades. Mr. Fane spoke about the calls his office receives for housing,in particular,people are seeking both studios and two-bedroom apartments in the heart of Collegetown. Minutes of June 28, 1994 -2- Following discussion of environmental impacts including parking concerns and building massing and design,Schroeder moved a Positive Declaration of Environmental Significance,which was seconded by Clavel. The vote was 3-1-1 (Peterson opposed, Clavel abstained). Motion fails. Schroeder said his hope was to identify potential large impacts and discuss their mitigation with the developer so that a negative declaration could be attained. The Board agreed to delay an environmental determination until the developer works with staff on Board's concerns raised at this meeting. Mr. Fane requested written communication that specifies the issues that need response. Schroeder, seconded by Clavel,moved that the Board does not have enough information to make an environmental determination, and the developer has agreed to supply more information, carried 4-1 (Peterson opposed). 5. Preliminary Site Plan Review/Environmental Review/Public Hearing A. 304 College Avenue Apartment/Trowbridge & Wolf for I Novarr Tlie developer explained that the proposed building design raises BZA issues such as parking and building height. He said that he will resubmit plans, and the Board requested that he also provide certain perspective drawings. 6. West Inlet 2 Development Proposal—No new information was received. 7. Zoning Appeals Report The following report was filed with the BZA. Appeal 2229,Special Permit for Home Occupation (beauty parlor) at 321 E. Falls Street, in an R-2b zone, appears to satisfy the criteria of Section 325-90,respecting concerns that the affected neighborhood might have about traffic,noise, and other potentially disruptive impacts of non-residential activities conducted in a residential setting. Neighborhood resident comment,if any, should be given due weight. Appeal 2230,Special Permit for Home Occupation (music instruction) at 417 Hudson Street,in an R-1b zone, appears to be essentially the same as Appeal 2157 (withdrawn in December 1992 due to applicant's illness), and Appeal 2101 (denied in April 1992). From a planning perspective, this Board's comments on those previous appeals are still valid (see our memos dated December 1, 1992 and February 26, 1992,respectively); the scope of the proposed activity seems more than incidental to the permitted residential use of the premises, and the relief requested raises questions of rezoning by variance and establishing undesirable precedent,which the BZA should address. Appeal 2231,Use and Area Variances to permit conversion of 204 Willard Way,in an R-2a zone,from two-family to multiple dwelling use. This appeal likewise raises questions of rezoning by variance and establishment of precedent, since variances run with the land. Appeal 2233, Special Permit and Area Variances to permit construction of a day care facility at 510 First Street,in a P-1 zone. This use seems acceptable in the context of Minutes of June 28, 1994 -3- existing uses in the P-1 zone, and potential future uses as suggested in the Northside Design Study which received strong neighborhood support from the residents of the MHA Northside Housing Complex. The fact that Mutual Housing Association is across the street from the proposed day care facility, and that MHA members were strongly in support of the proposal should be an important consideration for the BZA. Appeal 2234, Area Variances to allow subdivision of 505-7 N. Aurora Street,in an R-2b zone. This Board has given Conditional Approval to the proposed subdivision,which would not change the use,character or physical conditions of the premises,which are currently legally nonconforming. Division of the property to provide a separate parcel for each of the existing residential structures will erase the property's nonconforming use, and while it will create an additional area deficiency(required street frontage for the rear portion),the practical effect of this nonconformity will be nil, since physical conditions including access will not change. Accordingly, this Board feels the requested relief is reasonable. Appeal 2236,Area Variances to permit construction of a six-story multiple dwelling at 304 College Ave.,in both B-2b and R-3b zones. This Board is currently conducting Site Development Plan Review of the proposed project,which will address its potential environmental impacts and mitigation. Concurrent design review will be the subject of a separate report by the Design Review Board. 8. Reports City Attorney Guttman reported that Tompkins County will extend Wal-Mart the option to purchase land on two conditions. One is that the project receives site plan approval, and the other is the project is serves the best economic and environmental interests of the County. epj-Jun28min.doc(9/1/94)