Zoning Board of Appeals

City of Cortland – Zoning Board of Appeals Zoning Board of Appeals City of Cortland Regular meeting of October 16, 2017 A regular meeting of the Zoning Board of Appeals was held on Monday, October 16, 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 Chair Scott Steve asked for a motion to add an agenda item to the beginning to the agenda. Motion By: Comm. Manning Seconded By: Comm. Ray Approved: Ayes – 5 Nays – 0 Item #1 – 12 East Ave (Southworth) – Area Variance – (R2)  Replace old garage with a bigger one Mr. Southworth was present for the meeting. He explained that the lot coverage is 46%. They wish to replace the current garage that is 12 ½” by 20” with a new garage that will be 18” by 50”. The entrance will still be in the front with an additional side door for easy access to yard tools. A boat will be stored inside the garage. A motion was made by Comm. Manning to close the public hearing 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 by Comm. Ray to approve as presented and seconded by Comm. Leahy. Approved: Ayes – 5 Minutes of the October 16, 2017 Meeting 1  City of Cortland – Zoning Board of Appeals Nays – 0 Item #2 – 34 Garfield St. (English) – Area Variance – (R2)  Install a new shed in the side yard Mrs. English was present for the meeting. He explained that he would like to install a 12’ by 14’ storage shed. It would be 30’ from the street and 16’ from the property line. It is consistent with other properties on the Street. 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 variance should be considered for granting or denial. A motion was made by Comm. Harbin to approve the application contingent on the shed being no bigger than 12x14 and be setback from the road as far as the structure of the house. (In line with) Comm. Manning seconded the motion. Approved: Ayes – 5 Nays – 0 Item #3 – 104 West Main St. (Schadt) – Area Variance – (R1)  Expansion of the driveway Mr. Schadt was present for the meeting. He explained that the green space is supposed to be 65% and this project will drop it to 50%. He would like to expand his driveway to the front of the house to fit 2 cars. The family has received multiple tickets for parking on his lawn where he would like to expand. The driveway is currently 8ft wide and would expand to 20/22ft. The current garage is too small to fit a car in. He is trying to sell the property with no luck due to the narrow driveway. Mr. Schadt would like to maintain a 2ft buffer around the house with plants to help make the property look nicer. The Commissioners discussed different options for how the driveway could be laid out with or without a cub cut. A motion was made by Comm. Ray to close the public hearing and seconded by Comm. Manning. Approved: Ayes – 5 Nays – 0 Minutes of the October 16, 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 Comm. Harbin to approve the application with no increase to the front of apron, increase to back of apron max at 2’ from sidewalk and no closer than 2’ from the house. ZEO Bob Rhea needs to review final plans and needs approval from Fire Commission. Seconded by Comm. Ray. Approved: Ayes – 5 Nays – 0 Item #4 – 12 Huntington St. (Colebrook) – Area Variance – (R1)  Additional parking Mr. Colebrook was present for the meeting. He explained that he has been using the neighboring properties parking lot for parking but with the new owner and new development, he is no longer able to do that. He has 1 renter at his property and they work different shifts. The property is listed as a single residence. There was a 15’x14’ section of gravel in the front when he originally bought the house years ago. A portion of the property is City right of way. The Commissioners discussed different options for how the driveway could be laid out. The applicant is going south for the winter and will finalize the project in the spring. 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 keeping the existing curb cut, one parking space 10’wide created on front property making total width of parking area no greater than 20’, upon approval from Fire Commission. It shall not be on the City’s right of way and no closer than 1’ from the building. Final drawings that show entrance in and out of the building need to be approved by ZEO Bob Rhea. A permanent barrier to protect gas line to keep vehicles 5’ from the building. Comm. Harbin seconded the motion. Approved: Ayes – 5 Nays – 0 Item #5 – 14 Monroe Heights (Desai) – Interpretation – (R4) Minutes of the October 16, 2017 Meeting 3  City of Cortland – Zoning Board of Appeals Mrs. Desai was present for the meeting. She purchased the building in 1995 as a 3 family and it was grandfathered. She has continually maintained and made improvements to the property. She has contracts with people to plow and mow the property. She had signed leases but the students backed out and left it vacant for a semester. She submitted Court papers where the Judge dismissed and sided with her regarding the property and its vacancy. ZEO Bob Rhea stated that the property had been vacant for 1 year from October 2014 to October 2015. At one point the Fire Department had been on the property and found a slow leak. Comm. Leahy reviewed the court documents and clarified they were dismissed because not enough information was given. The courts were referring to the property and it’s vacancy in section 100 of the Code. Under section 300, the property was vacant and lost its grandfathering status. The property was approved for a rental permit for 2016 for 3-2-1 and not 3-3-5- as they wanted and had been done in past years. A motion was made by Comm. Steve to uphold the ZEO decision and seconded by Comm. Manning. Approved: Ayes – 5 Nays – 0 Item #6 – 80 Wheeler Ave. (Sulimowicz) – Use Variance – (R1)  Small office operation This application was pulled by the applicant. Item #7 – 80 Wheeler Ave. (Sulimowicz) – Area Variance – (R1)  Reduced parking space size and number This application was pulled by the applicant. A motion was made by Comm. Manning to close and dismiss 80 Wheeler Ave., and Comm. Leahy seconded it. Approved: Ayes – 5 Nays – 0 Minutes: Approval of September 11, 2017 minutes as presented, motion by Comm. Ray and seconded by Comm. Manning. Approved: Ayes – 5 Nays – 0 Minutes of the October 16, 2017 Meeting 4  City of Cortland – Zoning Board of Appeals New/Old Business: There is a business sign on Summit St. that should not be up. ZEO will follow up on it. Adjournment: On the motion of Comm. Leahy 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 HEREBY CERTIFY THAT SAID RESOLUTIONS WERE ADOPTED AT A MEETING OF THE ZONING BOARD OF APPEALS OF THE CITY OF CORTLAND, HELD ON THE 16th DAY OF OCTOBER IN THE YEAR 2017 SCOTT STEVE, ZBA MEMBER Minutes of the October 16, 2017 Meeting 5