Zoning Board of Appeals

City of Cortland – Zoning Board of Appeals Zoning Board of Appeals City of Cortland Regular meeting of May 8, 2017 A regular meeting of the Zoning Board of Appeals was held on Monday, May 8, 2017 at 5:00 PM in the Mayor’s Conference Room at City Hall. Present: Commissioners Scott Steve, Karen Leahy, Maria Manning, Juliene Ray Excused: Commissioner Beau Harbin Staff: Zoning Officer Bob Rhea, Deputy Chief Bill Knickerbocker, Confidential Secretary Devon Rainbow Item #1 – 165-177 Main St. (Yaman) – area variances – (GI)  Change in previously approved parking plan David Yaman was present for the meeting. He explained that this is a mixed use building and the current code does not address the issue. He believes the parking supports the use of the building. The City Planning Board reviewed the parking and have no concerns with it. A motion was made by Comm. Leahy to close the public hearing and seconded by Comm. Ray. 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. Leahy to approve the variance for 175 parking spaces as approved by the Planning Commission and seconded by Comm. Ray. Approved: Ayes – 4 Nays – 0 Item #2 – 179 Homer Ave. (Delvecchio) – Interpretation – (GB)  ZEO’s request for a Site Plan The applicant pulled the item from the agenda. Item #3 – 2 James St. (Ruggiero) – Interpretation – (R1)  Need for a certificate of zoning compliance or not Minutes of the May 8, 2017 Meeting 1  City of Cortland – Zoning Board of Appeals Gerry Ruggiero was present for the meeting. He read and made references to the City Code chapter 300, 100 and chapter 17. He explained his version of the code regarding Certificate of Occupancy vs Certificate of Compliance. Mr. Ruggiero argues that there is no such form as Zoning Certificate of Compliance and none have been issued. A motion was made by Comm. Ray to close the public hearing and seconded by Comm. Manning. Approved: Ayes – 4 Nays – 0 ZEO Bob Rhea spoke about the Zoning Compliance, how it is needed to establish the use and protect the property owner’s rights. He requested this certificate due to having 4 or more living at the residence. The Code Department has similar certificates that are issued with a building permit. Mr. Rhea explained the process owners and the Zoning office go through to obtain a certificate. Mr. Ruggiero stated that he does have 4 or more living at the residence and he did receive a violation from the ZEO in February. He did apply for a CZO but did not receive one. A motion was made by Comm. Manning to table until the next ZBA meeting and requested the notification and documentation on 2 James Street from the ZEO Bob Rhea. Comm. Leahy seconded the motion. Approved: Ayes – 4 Nays – 0 Item #4 – 156-170 Clinton Ave. (Moraco) – Use Variance – (GB)  Indoor climate control storage and truck rental A motion was made by Comm. Ray to table the item as it has to be reviewed by the County Planning Commission and seconded by Comm. Manning. Approved: Ayes – 4 Nays – 0 Item #5 – 24 Summit St. (Walsh) – Area Variance – (R1)  2400 square foot single family dwelling Mr. Walsh was present for the meeting. He explained that the use of the building is restricted to residential use only and his client, Mr. Babcock is willing to put something in writing if needed. He would like to convey the property from LLC to Mr. Babcock specifically. They are Minutes of the May 8, 2017 Meeting 2  City of Cortland – Zoning Board of Appeals open to ideas to make this work for everyone. Letters from surrounding neighbors in favor of the project have been submitted to the board. A motion was made by Comm. Leahy to reopen for reconsideration of the property and seconded by Comm. Manning. Approved: Ayes – 4 Nays – 0 Nancy Stout and Steven Shoemaker are neighbors that expressed concerns for the property. Letters opposing the property were submitted to the board. There is no foundation on the property. It is not in character of the neighborhood and is not what was originally proposed. It blocks the sunlight from the property next to the building. When asked what they would like to see done, they stated buffers of some sort would help, different siding and reduction of the size of the building. They are concerned that the value of other homes in the neighborhood would decrease. Donna Marsh is another neighbor that was present to speak about her concerns for the property. There is no sidewalk and due to the size of the building, it is hard to see around the corner for oncoming traffic. The temporary orange fence that is currently up, is always blowing out into the road. There are children on the street that she fears will get hit because of the visibility issue. She would like the size of the building decreased. Mr. Walsh explained that they would like to try to improve where they can rather than have the building just sit there and not be utilized at all. The property is for Mr. Babcock’s father to occupy. His current living arrangement is not good during the winter months. There is no problem with the property as far as the code goes with the siding and size of the building. Chair Scott Steve mentioned that the neighbors have addressed concerns and some things that would make the situation a little better would be shrubs or a buffer around the property, vinyl horizontal siding with stone around the bottom of the house and changing the garage door to the size that was approved in a previous meeting. A motion was made by Comm. Leahy to table the item until the next meeting and have the applicant come back with proposed renderings and seconded by Comm. Ray. Approved: Ayes – 4 Nays – 0 Item #6 – 58 Hamlin St. (Skodzinsky) – Use Variance – R1 Minutes of the May 8, 2017 Meeting 3  City of Cortland – Zoning Board of Appeals  Convert to a 2 family rather than a single family Mark Skodzinsky was present for the meeting. He is representing Charles Ellis who purchased the property at an on line auction. They were under the impression that it was a 2-family dwelling unit. All the paperwork and public records had stated it was and it currently functions as a 2-family. There are 2 separate entrances, gas meters, furnaces, and hot water tanks. The only way to access the second floor apartment is from the outside. It would be an extra ten thousand dollars to convert the property to a single family. Mr. Skodzinsky has been hired by the owner to manage the property due to them living out of state. ZEO Bob Rhea stated it has been vacant for over a year and therefore it has lost its grandfather status. Frank Kelly is a neighbor who expressed his concerns. He feels the owner did not do proper research before purchasing the property and therefore it is their mistake. The neighborhood has undergone many improvements and is mostly owner occupied residences. He feels that this property is bringing the value of the neighborhood down. Paul Owens Jr. is a neighbor who expressed his concerns. He has made many improvements to his house. The people that have lived at this property in the past were not friendly and did not take care of the property. He feels the house would be better torn down than going back to a 2- family. Kevin Collins is a neighbor who expressed his concerns. It is a narrow lot with a bad driveway. There have always been issues with parking because of the driveway. There was always issues at the property when it was a 2-family. Ray Parker is a neighbor who expressed his concerns. All banks and insurances have to follow the local laws too. It was empty for too long and has lost its grandfather status. It should convert back to a single family dwelling. A motion was made by Comm. Leahy to close the public hearing and seconded by Comm. Ray. 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. Ray to deny the variance and was seconded by Comm. Manning. Approved: Ayes – 4 Nays – 0 Minutes of the May 8, 2017 Meeting 4  City of Cortland – Zoning Board of Appeals Minutes: Approval of April 10, 2017 minutes as presented, motion by Comm. Manning and seconded by Comm. Ray. Approved: Ayes – 4 Nays – 0 New/Old Business: There was discussion regarding Solar Panels in the City and what the regulations would be. It was suggested that the ZEO look into other Municipalities like ours such as Norwich and see what they do since our current Code does not address this. Anne Doyle wanted to comment on how the City depends on the Zoning Board to make decisions and she thinks they are doing an excellent job. Sometimes it is a lot of work and everyone on the board is a volunteer. Thank you ZBA members and keep up the good work! Adjournment: On the motion of Comm. Manning and seconded by Comm. Leahy, 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 8th DAY OF MAY IN THE YEAR 2017 SCOTT STEVE, ZBA MEMBER Minutes of the May 8, 2017 Meeting 5