Zoning Board of Appeals

City of Cortland – Zoning Board of Appeals Zoning Board of Appeals City of Cortland Regular meeting of March 12, 2018 A regular meeting of the Zoning Board of Appeals was held on Monday, March 12, 2018 at 5:00 PM in the Mayor’s Conference Room at City Hall. Present: Commissioners Scott Steve, Juliene Ray, Maria Manning, Karen Leahy, Geoffrey Peppel, Abigail Cleary, and Thomas Larson Staff: Zoning Officer Bob Rhea, Chief William Knickerbocker, and Confidential Secretary Devon Rainbow Item #1 – 1129 Commons Ave. (Cayuga Med. Center) – Area Variance – (PO)  New additional Signage Gary Myers was present for the meeting. He explained that they would like 3 additional signs. Due to the construction that was done on 281, they lost 2 signs so they would like to replace them and add 1 for a total of 5 signs. Additional signs are requested due to the building not being perpendicular to the road and they want patients to be able to identify the building easily. There are 4 types of signs proposed; 1 – double sided illuminated ground sign (6’0” x 4’0”), 2 – single post mounted directory, 3 – building mounted illuminated entrance sign, building mounted illuminated gable end sign. The signs will illuminate from the inside and will be set to a timer. If the building is closed, the lights will be off. The 4 concerns from County Planning were addressed (lighting, SEQR). A motion was made by Comm. Ray to close the public hearing and seconded by Comm. Manning. Approved: Ayes – 7 Nays – 0 The board reviewed the test questions to determine whether or not the variance should be considered for granting or denial. Lighting will not be an issue in the area due to the surrounding neighborhood. The board reviewed and answered the SEQR for the proposed project as lead agency. The property is a total of 2.0 acres. The proposed signs are only for the Cayuga Medical Center. Transportation and bicycle routes are accessible in the area. A motion was made by Comm. Ray to approve the application with the SEQR and compliance to the proposed by County Planning Board submitted A101 dated 1/11/2018, Resolution 18-7. Comm. Manning seconded the motion. Approved: Ayes – 7 Nays – 0 Minutes of the March 12, 2018 Meeting 1  City of Cortland – Zoning Board of Appeals Gerry Ruggiero asked that items 2 and 3 be switched. A motion was made to approve the changing of the agenda by Comm. Peppel and seconded by Comm. Manning. Approved: Ayes – 7 Nays – 0 Item #3 – 65 Groton Ave. (Grodinsky) – Interpretation  Section 300-17 Jeff Grodinsky and Gerry Ruggiero were present for the meeting. Mr. Grodinsky approved Mr. Ruggiero to speak on behalf of the property. It was explained that the applicant was asking for a current CZO to be updated with different language. The old CZO dated for 1987 states that the property is a Boarding House. The current Code does not use that language and now uses Commercial Indoor Lodging. There has been no vacancy since the last CZO according to the owner. They need a clean certificate for the file. This is a use by right. Mr. Ruggiero stated that the nonconforming use does not pertain to this property because it is a permitted use. The building code limits the property to 14 or 15 people. There is no plan to have more than 7 or 8 students in the house. There are no changes being made to the property. There was discussion that the most recent CZC on file is dated for 2014 and has maximum occupancy of 7 unrelated tenants on it. There is a grace period where someone can appeal a decision. This was not done within that time frame. The applicant can apply for a Special Use Variance for more occupancy. The current code does not allow that use without a Special Use Permit. The ZEO needs documentation proving the property was used at that level for all those years. A letter from Oliver Blaise to Mr. Ruggiero was submitted to the Board by Mr. Ruggiero regarding rental permits. There was discussion regarding the Rental Registration Application and wording used in the application. Mr. Ruggiero stated that there is a difference between the Zoning regulations and Building regulations. The maximum number allowed by Building Code is 14. It was discussed that the Code Office has not finalized or denied the Rental Registration Application at this time and therefore there is nothing to appeal. A motion was made by Comm. Manning to close the public hearing and seconded by Comm. Larson. Approved: Ayes – 7 Nays – 0 The Board discussed the 2014 CZC that was issued is the one they have to go off of. The time frame to appeal that has passed. The applicant can apply for a Special Use Permit to increase the occupancy to 14. A motion was made by Comm. Larson to uphold the decision of Zoning Officer and seconded by Comm. Cleary. Denied: Ayes – 7 Nays – 0 Minutes of the March 12, 2018 Meeting 2  City of Cortland – Zoning Board of Appeals Item #2 – 2 Pleasant St. (Grodinsky) – Interpretation  CZO, Rental Permit Denial Jeff Grodinsky and Gerry Ruggiero explained that there was a question as to when the grandfathering rule became official 1978 or 2003. The applicant asked for 7 on CZO and was turned down but approved for 3 by ZEO. The owner states that there was no intentional vacancy or lapse on the property. At one point there was a vacancy due to the ZEO decision on no more than 3 unrelated on the property. They had leases signed in 2017 and kids ready to move in. Mr. Ruggiero showed advertisements that were done by Visions on the property. According to Alderman Minutes from the end of 2003 this property was converted. Without a Rental Permit, the owner cannot advertise the property for rent. It was explained that a grandfather status needs to be documented somewhere and there are 16 different rental documentations that can be submitted to prove this. The applicant did not supply any of the 16 forms of proof and therefor was denied for 7 occupants. A motion was made by Comm. Leahy to close the public hearing and seconded by Comm. Ray Approved: Ayes – 7 Nays – 0 A motion was made by Comm. Larson for the applicant to compile info to prove grandfather status and resubmit to ZEO and seconded by Comm. Cleary. Approved: Ayes – 7 Nays – 0 The Rental Permit Application is being denied due to confusion with filling out the document. This needs to be resubmitted and clarified. A temporary Permit will be submitted until the details of the Application is worked out. Item #4 – Paradigm Properties – Interpretation  Section 102-9 (A) A letter was submitted by the applicant to table this item until the next ZBA meeting due to their Lawyer not being available for this meeting. A motion was made by Comm. Manning to table this item until the next meeting and seconded by Comm. Ray. Approved: Ayes – 7 Nays – 0 Minutes: Approval of January 8, 2018 minutes as presented, motion by Comm. Manning and seconded by Comm. Ray. Minutes of the March 12, 2018 Meeting 3  City of Cortland – Zoning Board of Appeals Approved: Ayes – 7 Nays – 0 New/Old Business: The current Rental application form is causing confusion and should be modified. DC Knickerbocker and Corporation Counsel Ric VanDonsel are drafting a new form. Adjournment: On the motion of Comm. Ray and seconded by Comm. Manning, voted and carried to adjourn meeting Approved: Ayes – 7 Nays – 0 I, SCOTT STEVE, CHAIR 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 MARCH IN THE YEAR 2018. SCOTT STEVE, ZBA CHAIR MEMBER Minutes of the March 12, 2018 Meeting 4