Zoning Board of Appeals
Regular MeetingCortland, NY · August 8, 2016
Minutes
City of Cortland – Zoning Board of Appeals
Zoning Board of Appeals
City of Cortland
Monday, August 8, 2016
A regular meeting of the Zoning Board of Appeals was held on Monday, August 8, 2016 at 5:00 PM in the
Mayor’s Conference Room at City Hall.
Present: Chair David Funk, Commissioners Scott Steve, Juliene Ray, Dave Dovi (5:15), and Karen
Leahy
Excused: Beau Harbin
Absent: Phyllis McGinley
Staff: Zoning Officer Bob Rhea; Deputy Chief William Knickerbocker,
Confidential Secretary Devon Rainbow
The meeting was called to order at 5:00 pm
Item #1 – 24 Summit St. (Babcock) – Area Variance – (R1)
Area Variance for front yard setback on Summit St. and Liberty Ave.
Mr. Norton was present to speak regarding the application. He explained that there is a 17ft
setback on the Liberty side and a 21ft setback on the Summit side. The proposed is a 2 story
2400 sq. ft. home with 2 bedrooms and a garage. The garage door opening will be on Liberty St.
It was explained that this is for the owner and his father to reside in.
Many of the surrounding neighbors were present to voice their concerns. There have been
many rumors as to what is going to be on the property and they cannot seem to get any
straight answers. There have been some issues in the past between the neighbors and Mr.
Babcock. They are concerned with his work truck being parked there and the odor that comes
from it. They are afraid that it will be turned into a home for college students to rent.
The Commissioners would like to see a detailed Site Plan to scale including the driveway,
sidewalk, steps and buffers.
A motion to table this application till the next meeting was made by Comm. Funk and seconded
by Comm. Leahy.
Approved: Ayes – 5
Nays – 0
Minutes of the August 8, 2016 Meeting 1
City of Cortland – Zoning Board of Appeals
Item #2 – 77 West Main St. (Johnson) – Area Variance – (R1)
Area Variance for fence in front yard facing West Main St.
ZEO Bob Rhea read an email between himself and Mr. Funk regarding some confusion on the
placement of the fence. The building permit that was issued stated the fence starts at the top
left corner of the house and the ZBA decision stated parallel to garage and to omit the fence on
West Main St. Neither allows 6ft fence in the front yard. The code reads that front yard fences
are limited to 4ft and the fence is 6ft. Mr. Johnson presented a statement signed by
surrounding neighbors stating they are ok with the fence as is. There are 10ft post put in with
concrete around the fence posts to help support it.
Commissioners were concerned that procedures were not followed properly. There was no call
to the Code department to come inspect the holes before proceeding with the project. No call
was made to Dig NY.
A motion to close the public hearing was made by Comm. Ray and seconded by Comm. Leahy.
Approved: Ayes – 5
Nays – 0
The board members reviewed the test questions to determine whether the variance should be
considered for granting or denial.
A motion was made to table by Comm. Funk and seconded by Comm. Steve.
Approved: Ayes – 5
Nays – 0
Item #3 – 165-177 Main St. (Yaman) – Area Variance – (GI)
Area Variance for number of parking spaces for project
Mr. Yaman was present to speak regarding the parking spaces, size and numbers for 165-177
Main Street. He explained his request to change the parking spots from 10x18 to 9x18. This
would create more spaces for people to park. The building will be multipurpose. The third floor
will be occupied as loft-style apartments, second floor would be space for a business rental, and
lastly, storage on the bottom floor. The idea for parking would be shared use for day and night
parking. During the day the parking would be available for the workers of the businesses.
During the night the parking would be available for the tenants living in the apartments. Mr.
Yaman figured there would be 170 parking spaces total.
Minutes of the August 8, 2016 Meeting 2
City of Cortland – Zoning Board of Appeals
A motion to close the public hearing was made by Comm. Steve and seconded by Comm. Ray.
Approved: Ayes – 5
Nays – 0
The board members reviewed the test questions to determine whether the variance should be
considered for granting or denial.
A motion was made to approve the application as presented by Comm. Steve and seconded by
Comm. Leahy.
Approved: Ayes – 5
Nays – 0
Minutes
Approval of June 13, 2016 minutes as amended, motion by Comm. Steve and seconded by Comm. Ray
Approved: Ayes – 5
Nays – 0
New/Old Business
Adjournment
On the motion of Comm. Leahy and Seconded by Comm. Steve, voted and carried to adjourn meeting.
Approved: Ayes – 5
Nays – 0
I, DAVID FUNK, MEMBER OF THE ZONING BOARD OF APPEALS FOR THE CITY OF CORTLAND, NY, DO
HEREBY CERTIFY THAT SAID RESOLUTIONS WERE ADOPTED AT A MEETING OF THE ZONING BOARD OF
APPEALS OF THE CITY OF CORTLAND, HELD ON THE 8th DAY OF AUGUST IN THE YEAR 2016.
DAVID FUNK, ZBA MEMBER
Minutes of the August 8, 2016 Meeting 3
Agenda
ZONING BOARD OF APPEALS
AGENDA
There will be a regular meeting/Public Hearing of the Zoning Board of Appeals on
Monday, August 8, 2016 at 5:00 pm in the MCR, City Hall, 25 Court Street, Cortland, NY.
If any of the items are of concern please feel free to attend the meeting
Item #1 – 24 Summit St (Babcock) – Area Variance – (R1)
Area Variance for front yard setbacks on Summit St. and Liberty Ave
Item #2 – 77 West Main St. (Johnson) – Area Variance – (R1)
Area Variance for fence in front yard facing W. Main St.
Item #3 – 165-177 Main St. (Yaman) – Area Variance – (GI)
Area Variance for number of parking spaces for project
Minutes
Old/New Business
Adjournment
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