Zoning Board of Appeals

City of Cortland – Zoning Board of Appeals Zoning Board of Appeals City of Cortland Monday, November 14, 2016 A regular meeting of the Zoning Board of Appeals was held on Monday, November 14, 2016 at 5:00 PM in the City Court Room at City Hall. Present: Chair Scott Steve, Commissioners Dave Dovi, Karen Leahy, Beau Harbin, and Maria Manning, Juliene Ray Absent: Commissioner Phyllis McGinley Staff: Zoning Officer Bob Rhea, Administrative Aide Julie Gross Item #1 – 15 Water St. (Adams) – Area Variance – (R1)  Area Variance for front yard setback at 15 Water Street. Dan Adams was present to explain why the Veteran’s Association deemed it medically necessary to install a wheelchair ramp at 15 Water Street. The variance would be for 10-15 feet. The ramp would be a temporary aluminum ramp that could be removed. He would attach the ramp by two screws to hold it secure to the house. Mr. Adams mentioned he has installed several of these ramps all over the state. Mr. Adams said he could get the paperwork for who signed off on the original request. The Board agreed they should obtain a copy of the paperwork before they provide a permit. No one was present to speak on this public hearing. A motion was made to close the public hearing 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. Comm. Harbin read over the code requirements for ramps. A motion was made by Comm. Ray to approve the setback with a written request from the licensed physician. The motion was seconded by Comm. Leahy. Approved: Ayes – 5 Nays – 0 Item #2 – 82-84 Pomeroy St. (Morehouse) – Area Variance – (GB)  Area Variance to subdivide 82-84 Pomeroy Street. Minutes of the November 14, 2016 Meeting 1  City of Cortland – Zoning Board of Appeals Steve Terwilliger was present to represent Mrs. Morehouse’s estate, and her two daughters who were also present. Currently the lot has a 2 unit home and a single family home and is classified as a single parcel. Mr. Terwilliger explained their wish to subdivide the lot down the middle into two separate parcels. Zoning Officer Rhea mentioned the square footage of each lot would be below code. There was discussion on the size of the lots. Comm. Harbin had questions regarding what happens after the lots are split. Mr. Terwilliger stated that the family would sell the two unit house. A survey of the lots will need to be done. The frontage would be 55 and 70 feet. The side lot setback is 7ft. No one was present to speak on this public hearing. A motion was made to close the public hearing by Comm. Harbin 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. Comm. Harbin suggested the Board make separate motions for each parcel. A motion was made for 82 Pomeroy Street by Comm. Harbin to allow the subdivision to split the lots down the middle of the two structures. The motion was seconded by Comm. Ray The Board members reviewed the test questions to determine whether the variance should be considered for granting or denial. A motion was made for 84 Pomeroy Street by Comm. Harbin to allow the subdivision to split the lots down the middle of the two structures. The motion was seconded by Comm. Dovi Approved: Ayes – 5 Nays – 0 Item #3 – 105 Main St. (Kaiser) – Area Variance – (CB)  Area Variance for window signage at 105 Main Street. Thomas Kaiser was present to represent Spiedini’s Pizza Parlor. They are requesting to display a neon sign that covers more than 25% of the window. Zoning Officer Rhea explained neon lights are discouraged on Main Street but knows the restaurant got the pass from the Historic Board. There was conversation between Zoning Officer Rhea, the Board and Mr. Kaiser on the specifics of the sign. Mr. Kaiser explained that you can see into the window, both above and below the sign. There was discussion regarding that side of Main Street being dark at night and maybe the sign would be a safety benefit because it would help illuminate the sidewalk. The owner looked into moving the sign but it would be a safety issue inside. Comm. Dovi referred to the Historic Minutes and how they approved the sign, however, it would require a variance and would only be allowed for a year. Minutes of the November 14, 2016 Meeting 2  City of Cortland – Zoning Board of Appeals No one was present to speak on this public hearing. A motion was made to close the public hearing by Comm. Manning and seconded by Comm. Dovi Approved: Ayes – 5 Nays – 0 The Board members reviewed the test questions to determine whether the variance should be considered for granting or denial. There was discussion on the sign being passed by the Historic Board. Also, to make sure the sign did not blink or flash. A motion was made by Comm. Dovi stating the variance would be approved for 1 year for this specific sign. After a year, it would need to be reviewed annually by the Historic Board. If there are any changes, it would then come back to ZBA. This approved variance is to follow the business not the building owner. The sign must stay located in the window in which it is currently displayed. Also, the Board wanted to note the sign should not blink or flash. Comm. Ray seconded this motion. Approved: Ayes – 5 Nays – 0 Item #4 – 111 Tompkins St (Timmons) – Area Variance – (R2)  Area Variance to convert 111 Tompkins St into a 2 resident house Christopher Timmons was present to explain his plans to convert 111 Tompkins Street into a 2 family residence. Currently the house is a single family home. Mr. Timmons talked about the lot width being 9 feet short of the 75 foot required frontage for a 2 family home. There was discussion between the Board members regarding the setback. It was mentioned most of the houses in that area are 2 family and multi-unit residences. Getting the Area Variance is the first step to this process. He explained there would be enough parking spaces for the tenants, eventually two kitchens and a fire wall to divide the 2 units. It was stated that there would be no time restrictions to convert the property. No one was present to speak on this public hearing. 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 approve the application as presented by Comm. Leahy and seconded by Comm. Harbin Approved: Ayes – 5 Minutes of the November 14, 2016 Meeting 3  City of Cortland – Zoning Board of Appeals Nays – 0 Minutes Approval of October 17, 2016 minutes as presented, motion by Comm. Leahy and seconded by Comm. Harbin Approved: Ayes – 5 Nays – 0 New/Old Business Zoning Officer Rhea supplied a picture and talked about the bamboo fencing at 106 Groton Ave. Adjournment On the motion of Comm. Dovi and Seconded by Comm. Leahy, voted and carried to adjourn meeting. Approved: Ayes – 5 Nays – 0 I, SCOTT STEVE, 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 14th DAY OF NOVEMBER IN THE YEAR 2016. SCOTT STEVE, ZBA MEMBER Minutes of the November 14, 2016 Meeting 4