Zoning Board of Appeals

City of Cortland – Zoning Board of Appeals Zoning Board of Appeals City of Cortland Regular meeting of June 12, 2017 A regular meeting of the Zoning Board of Appeals was held on Monday, June 12, 2017 at 5:00 PM in the Mayor’s Conference Room at City Hall. Present: Commissioners Scott Steve, Karen Leahy, Maria Manning, Juliene Ray, Beau Harbin Staff: Zoning Officer Bob Rhea, Deputy Chief Bill Knickerbocker, Confidential Secretary Devon Rainbow Item #1 – 2 James St. (Ruggiero) – Interpretation – (R1)  Need for a certificate of zoning compliance or not A motion was made by Comm. Harbin to table due to the Chair not getting information that was requested and seconded by Comm. Ray. Approved: Ayes – 5 Nays – 0 Item #2 – 24 Summit St. (Walsh) – Area Variance – (R1)  Front yard setback Mr. Walsh and Mr. Babcock were present for the meeting with renderings for the property. It was explained that the siding on the sides of the living portion building facing the street will be changed to horizontal Vinyl siding and shutters will be added to the windows. Stone facing will be placed on the bottom portion of the building. Landscaping was added around the front of the building. Mr. Babcock is going to convey the property from the LLC to himself. It was asked about reducing the garage door size, Mr. Walsh explained that is not being proposed at this time. The garage area of the house will remain as is and will not have any changes. A motion was made by Comm. Leahy to close the public hearing and seconded by Comm. Manning. Approved: Ayes – 5 Nays – 0 The commissioners discussed that there has been a lot of input and discussion on this property from neighbors. There is 19ft from the building to the curb. The renderings that were asked for Minutes of the June 12, 2017 Meeting 1  City of Cortland – Zoning Board of Appeals have been presented. The board would like to see that this is followed up on by ZEO Bob Rhea and made sure it is followed through as discussed by the property owner. A motion was made by Comm. Ray to approve the area variance with condition that the title of the property is transferred over, siding and shutters are done along with the landscaping as proposed in the renderings. No commercial vehicles are to be parked on the property. This was seconded by Comm. Leahy. Approved: Ayes – 4 Nays – 1 (Comm. Steve) Item #3 – 66-68 Tompkins St. (Salvino) – Area Variance – (R4)  Remove vegetative strip for additional parking Mr. Salvino was present for the meeting. He explained that the property sits a ways back from the road. He has adequate parking for his residents but when they have visitors there is not enough parking. There was some confusion as to the location that Mr. Salvino wanted to expand his parking. He was given a map and clarified the location on the property. He would like to extend the parking forward 6-8ft toward the stone wall on the back of the property. This way visitors will have room to park behind the car that they are visiting. A motion was made by Comm. Harbin to close the public hearing and seconded by Comm. Ray. Approved: Ayes – 5 Nays – 0 A motion was made by Comm. Harbin to dismiss the application as it does not need an Area Variance and seconded by Comm. Leahy. Approved: Ayes – 5 Nays – 0 Item #4 – 74 Evergreen St. (Duffy) – Area Variance – (R1)  Locate a new shed on property line Mr. Duffy was present for the meeting. He explained that there is a 12ft strip that goes to the back of the property. There is 80ft behind his house and continues down 2 houses from him. He owns this property and pays taxes on it yearly. He would like to put a 10ft x 20ft shed between the neighbors 2 fences. Neither neighbor has an issue with the proposed shed at that location. He would maintain the landscaping in the area and around the shed. A motion was made by Comm. Harbin to close the public hearing and seconded by Comm. Ray. Approve: Ayes – 5 Minutes of the June 12, 2017 Meeting 2  City of Cortland – Zoning Board of Appeals 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 application with the 10ft x 20ft shed and that Mr. Duffy will maintain the landscaping and seconded by Comm. Manning. Approved: Ayes – 5 Nays – 0 Item #5 – 48 Clayton Ave. (Seals) – Area Variance – (R1)  Remove vegetative strip for rear yard parking Mr. Seals was present for the meeting. The vegetative strip has been removed and a concern was mentioned regarding the 3ft drop from the hill. Mr. Seals explained that they have plans on putting in a retaining wall. The hill slopes to the right and is 5ft-6ft higher than the neighbor’s driveway. In order to maintain water flow, a drywell will be installed and it will be regraded and pitched to the front or back of the property. A catch basin will be put in place. An easement has been proposed and will be put into the deed. Some shrubbery will be put in the back of the property to help with controlling water flow. The parking area is going to be repaved to include where the vegetative strip was but no striping is required. The parking slab that was in the front of the building will be dug and become green space. The property will be gaining green space by taking the parking from the front of the property and moving it to the back. A motion was made by Comm. Leahy to close the public hearing 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 by Comm. Steve to approve the application with conditions of getting the easement from the neighbors for the driveway, storm water plan, retaining wall and no front parking and was seconded by Comm. Ray. Approved: Ayes – 4 Nays – 1 (Comm. Harbin) Minutes: Approval of May 8, 2017 minutes as presented, motion by Comm. Manning and seconded by Comm. Leahy. Minutes of the June 12, 2017 Meeting 3  City of Cortland – Zoning Board of Appeals Approved: Ayes – 5 Nays – 0 New/Old Business: There have been some concerns regarding CZOs. In Chicago, they give CZOs to every property. The City of Cortland should start giving them with every sale so safety concerns can be addressed. It was suggested that CZCs could possibly start being tied to rental applications. It is suggested the Board think about and do research regarding this possibility. It was requested that the Planning Commission and ZBA could have a joint meeting sometime to go over the new proposed Zoning revision. The Confidential Secretary to the Mayor will try to arrange this. New York State requires Zoning Boards to have a minimal of 5 members. The board should look into and consider asking to change the City Charter requirements for the ZBA. Adjournment: On the motion of Comm. Manning 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 12th DAY OF JUNE IN THE YEAR 2017 SCOTT STEVE, ZBA MEMBER Minutes of the June 12, 2017 Meeting 4