Zoning Board of Appeals

Zoning Board of Appeals City of Cortland Monday, July 10, 2017 A regular meeting of the Zoning Board of Appeals was held on Monday, July 10, 2017 at 5:05 PM in the Mayor’s Conference Room at City Hall. Present: Chair Scott Steve, Commissioners Karen Leahy, Beau Harbin, Juliene Ray and Maria Manning Staff: Zoning Officer Bob Rhea, Deputy Chief Bill Knickerbocker, Administrative Aide Julie Gross Item #1 – 2 James St. (Ruggiero) – Interpretation – (R1) Need for a certificate of zoning compliance or not Mr. Ruggiero was present for the meeting. There was discussion of Local Laws and the different interpretations of them. There was further discussion if Certificates of Zoning Compliance (CZC) should be required. A motion was made to close the public hearing by Comm. Manning and seconded by Comm. Ray. Approved: Ayes – 5 Nays – 0 The Board members reviewed the test questions to determine whether there was a need for a certificate of zoning compliance or not. A motion was made by Chairman Steve to require a CZC for 2 James Street based on the Local Law 300-171-B. The motion was seconded by Comm. Ray. Approved: Ayes – 5 Nays – 0 Item #2 – 66 Lincoln Ave. (Barron) – Area Variance – (R2) Conversion from single family to 2 family Lot coverage Mr. Barron and his representative Mrs. Place were present to speak. Mrs. Place explained how Mr. Barron would like to convert the property to a 2 family residence. Mrs. Place explained the property’s lot size and lot coverage. Also how there is sufficient parking for the tenants. However, as a 2 family house, the green space will be a bit less than required. There was further discussion of the parking at the property. A motion was made by Comm. Leahy to close the public hearing and seconded by Comm. Harbin. Approved: Ayes – 5 Nays – 0 The Board members reviewed the test questions to determine whether the conversion and lot coverage should be considered for granting or denial. A motion was made by Comm. Ray to grant the application for area variance for front lot width and was seconded by Comm. Manning. Approved: Ayes – 5 Nays - 0 Item #3 – 3 Cowance St. (Terpening) – Area Variance – (R1) Addition of a 10x20 ft. deck Lot coverage Mr. Terpening was not present to speak. The Board discussed the position of the deck on the property and how it would affect the greenspace. Also hypothesized was if the deck would be covered or not. A motion was made by Comm. Ray to close the public hearing and seconded by Comm. Harbin. Approved: Ayes – 5 Nays – 0 The Board members reviewed the test questions to determine whether the lot coverage should be considered for granting or denial. A motion was made by Comm. Manning to grant the area variance as requested, as an uncovered deck, and seconded by Comm. Harbin. Approved: Ayes – 5 Nays – 0 Minutes Approval of June 12, 2017 minutes as amended, motioned by Comm. Leahy and seconded by Comm. Ray. Approved: Ayes – 5 Nays – 0 New Business/Old Business A date was set for the joint meeting with the Planning Commission. It is scheduled for the evening of Monday, August 21, 2017 to be held in the Mayor’s Conference Room at City Hall. Further discussion of the Certificate of Zoning Compliance (CZC). Zoning Officer Rhea mentioned the Board of Realtors are now requiring CZCs every time the property is changing hands. Comm. Ray mentioned there won’t be any CZC’s issued if it’s a private sale, but overall the Board thinks it will be a positive policy. A motion was made by Chairman Steve to make a suggestion to the City to look into the legal aspect to make CZC’s mandatory for every property in the City of Cortland, to help reduce possible legal charges, selective enforcement, and litigation. The motion was seconded by Comm. Harbin. Approved: Ayes – 5 Nays - 0 Discussed how the Board has dropped from seven members to five members. The Local Law explains how the ZBA Board has to have at least five members. A motion was made by Chairman Steve to make a suggestion to the Mayor to look into the Law and determine how many members are actually needed. The motion was seconded by Comm. Harbin. Adjournment On the motion of Comm. Harbin and seconded by Comm. Manning, 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 HERBY CERTIFY THAT SAID RESOLUTONS WERE ADOPTED AT A MEETING OF THE ZONING BOARD OF APPEALS OF THE CITY OF CORTLAND, HELD ON THE 10TH DAY OF JULY IN THE YEAR 2017. SCOTT STEVE, ZBA MEMBER