Zoning Board of Appeals

City of Cortland – Zoning Board of Appeals Zoning Board of Appeals City of Cortland Regular meeting of March 13, 2017 A regular meeting of the Zoning Board of Appeals was held on Monday, March 13, 2017 at 5:00 PM in the Mayor’s Conference Room at City Hall. Present: Chair Scott Steve, Commissioners Karen Leahy, Maria Manning, and Beau Harbin Excused: Commissioner Juliene Ray Absent: Commissioner Phyllis McGinley Staff: Zoning Officer Bob Rhea, Deputy Chief Bill Knickerbocker, Administrative Aide Julie Gross Chairman Steve requested to discuss Item #3 as the first agenda item. A motion was made by Comm. Harbin to move Item #3 to the first discussion and seconded by Comm. Manning. Approved: Ayes – 4 Nays – 0 Item #3 – 11 Hamlin St. (Boothe) – Interpretation – (R1)  Nonconforming use Ms. Boothe and her representative, Mr. Newman, were present for the meeting. Mr. Newman explained the property’s history and also how it has been vacant for over a year. Ms. Boothe explained how she had a bad tenant situation, who then moved out. Her sister then moved into the first floor living space, while the upstairs was vacant. She also explained she voluntarily left it vacant because she did not want to rent after her previous experience. Mr. Newman commented Ms. Boothe did not intend for the property to be vacant for that extended period of time. While the property was vacant, Ms. Boothe made upgrades and renovations which were completed to meet code standards. The property is now on the market as a 2 family house, with an interested buyer. However, ZEO Bob Rhea stated because the property was vacant for over a year, it lost its grandfathered status as a nonconforming property and now must conform. A public hearing was opened at 5:28PM. Attorney Pat Snyder was present to speak on behalf of neighbor, Scott Harris. Mr. Snyder explained he was summarizing an affidavit of Mr. Harris’. The affidavit said Mr. Harris has been a resident and neighbor of the property since 2007. He noted 11 Hamlin has been a nuisance and visited by the City Police Department many times. Also, that the property was vacant for over 6 months for the Minutes of the March 13, 2017 Meeting 1  City of Cortland – Zoning Board of Appeals nonconforming use. Mr. Harris’ affidavit was submitted to ZBA Chairman Steve, which will be filed in the property file with the Code Office. Debbie King, a neighbor across the street, explains she remembers the property being vacant since December 2015, over a 12 month period; more like 15. Resident from 10 Hamlin spoke and asked questions on the history of the property. A motion was made by Comm. Manning to close the public hearing and seconded by Comm. Harbin. Approved: Ayes – 4 Nays – 0 A motion was made by Comm. Harbin to uphold the decision of ZEO Bob Rhea, that the property has lost its nonconforming use and seconded by Comm. Manning. Approved: Ayes – 4 Nays – 0 Item #1 – 24 Summit St. (Babcock) – Area Variance – (R1)  Property line setbacks Mr. Babcock and his contractor, Mr. Norton, were present for the meeting. Chairman Steve reminded Mr. Babcock the deed needs to be in Mr. Babcock’s name, not Owlshead. There was discussion of the setbacks and property lines. Chairman Steve acknowledged how the numbers on the various surveys submitted are inconsistent. It was determined the dimensions of the property’s structure is greater than the original proposed plan. There was also discussion of the siding and the size of the garage door. The materials used for the siding are different than the original submittal. The siding displayed currently is a metal vertical siding, which was originally supposed to resemble his own home, just down the street. Also, the garage door was larger than the purposed plan. It was determined the property’s structure exceeds the allotted area variance. The Board talked about the concerns of the structure looking more businesslike and how it’s currently listed under a business. There was discussion of the driveway and parking area. Further conversation continued between Board members regarding the measurements of the lot dimensions. No one was present to speak on this public hearing. A motion was made to close the public hearing by Comm. Leahy and seconded by Comm. Harbin. Approved: Ayes – 4 Nays – 0 Minutes of the March 13, 2017 Meeting 2  City of Cortland – Zoning Board of Appeals The Board members reviewed the test questions to determine whether the variance should be considered for granting or denial. A motion was made by Chairman Steve to deny current area variance application. It was stated the building dimensions need to be reduced and comply with code regulations. The motion was seconded by Comm. Harbin. Approved: Ayes – 4 Nays – 0 Item #2 – 145 Clinton Ave. (Rawleigh) – Area Variance – (GB)  Signage Mr. Jeff Hammond, from DKS Realty, was present to discuss the orientation of the “enter” and “exit/thank you” signs. Comm. Harbin reiterated “STOP” should be painted in the exit driveway so vehicles are not pulling out on the sidewalk before looking for pedestrians. There were some concerns regarding visibility with the placement of the signs. Mr. Hammond suggested he fabricate signs with the same dimensions as the proposed signs for the Board to observe how visibility would actually be. The Board was in favor of this idea. No one was present to speak on this public hearing. A motion was made by Comm. Manning to close the public hearing and seconded by Comm. Leahy. Approved: Ayes – 4 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 by Comm. Harbin to approve the request with the contingency on the visibility of the fabricated signs and seconded by Comm. Manning. Approved: Ayes – 4 Nays – 0 Minutes: Approval of January 9, 2017 minutes as presented, motion by Comm. Leahy and seconded by Comm. Manning. Approved: Ayes – 4 Nays – 0 Minutes of the March 13, 2017 Meeting 3  City of Cortland – Zoning Board of Appeals New/Old Business: Comm. Harbin would like the Board to review and discuss the fabricated 145 Clinton Ave. “Exit/Thank You” sign. Adjournment: On the motion of Comm. Harbin and seconded by Comm. Manning, voted and carried to adjourn meeting Approved: Ayes – 4 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 13th DAY OF MARCH IN THE YEAR 2017 SCOTT STEVE, ZBA MEMBER Minutes of the March 13, 2017 Meeting 4