Zoning Board of Appeals

City of Cortland – Zoning Board of Appeals Zoning Board of Appeals City of Cortland Regular meeting of August 13, 2018 A regular meeting of the Zoning Board of Appeals was held on Monday, August 13, 2018 at 5:02 PM in the Mayor’s Conference Room at City Hall. Present: Commissioners Scott Steve, Maria Manning, Abigail Cleary, Karen Leahy [arrived 5:10pm], Juliene Ray, and Thomas Larson Excused: Commissioner Geoffrey Peppel Staff: Zoning Officer Bob Rhea, Chief William Knickerbocker, and Confidential Secretary Devon Rainbow Item #1 – 31 Greenbush St (Melice) – Area Variance (R4)  Nobody was present at the time of item introduction. Motion to move to the bottom of the agenda. When returning to the item, none were present to speak. Motion to move item to the bottom of the agenda: Motion: Manning Second: Larson Ayes – 5 Nays – 0  Front yard setback for awning; awning would start at the sidewalk. Request for variance for parking had been withdrawn. Motion to close the public hearing: Motion: Cleary Second: Ray Ayes – 6 Nays – 0 Motion to approve of the variance as presented for awning only: Motion: Cleary Second: Manning Ayes – 6 Nays – 0 Item #2 – 65 River St (Suben) – Area Variance (R1)  Mark Suben was present to speak. Minutes of the August 13, 2018 Meeting 1  City of Cortland – Zoning Board of Appeals  Reduction of 4ft vegetative strip on south side for parking. This would be the left side (south side), less than four feet. North end would be in line with the house.  The shed will remain as is. Motion to close the public hearing: Motion: Ray Second: Manning Ayes – 6 Nays – 0 Motion to approve the variance with the north side to line up with the house, keeping the south side within a twelve inch minimum. Motion: Larson Second: Cleary Ayes – 6 Nays – 0 Item #3 – 36 Taylor St (CHAC) – Area Variance (R1)  Tim Buhle was expected to speak, but not present. Motion to move this to the end of the agenda: Motion: Larson Second: Leahy Ayes – 6 Nays – 0  Tim Buhle was present to speak at the end of the meeting, during the second consideration of the item following 21 West Main St.  Reduction of required front yard for ramp/gaining green space. Motion to close the public hearing: Motion: Manning Second: Larson Ayes – 6 Nays – 0 Motion to approve of the variance as requested: Motion: Larson Second: Manning Ayes – 6 Nays – 0 Item #4 – 15 Townley Ave (Barrett) – Area Variance (R1) Minutes of the August 13, 2018 Meeting 2  City of Cortland – Zoning Board of Appeals  Brian Barrett was present to speak; there was a fence, but the neighbors had taken it down.  6ft fence in front yard; fence is the same surface on both sides. He would like to put it up again on his current property. It would be six feet from bushes back to the other fence. Motion to close the public hearing: Motion: Cleary Second: Ray Ayes – 6 Nays – 0 Motion to approve of the variance, given the fence height is four feet from the corner of the garage, two feet from the sidewalk, and six feet from the garage (back to back fence): Motion: Ray Second: Cleary Ayes – 6 Nays – 0 Item #5 – 27 James St (White) – Special Use Permit (R1)  Orville White was present to speak; the county reviewed and passed his proposal for a Home occupation of cooking class. This would include four cooking stations, yielding a maximum of eight people per station.  The classes would take place one night during the week from 4:00pm to 8:00pm/9:00pm, with open opportunity for weekend use.  The county suggested that the hours of operation should be limited to Saturday OR Sunday from 9:00am to 1:00pm OR 12:00pm to 4:00pm. The residents of the dwelling would be the only persons employed to operate the home occupation. No more than 200 square feet of the dwelling may be used for the conjunction of the home occupation, including storage. No unwanted or offensive noise, odors, fumes, dust, heat, electronic interference, waste, etc. may emanate from the property.  White has spoken with neighbors, who have no issues with this plan.  White possesses three parking spaces on his property, as well as an industrial ventilation system. Parking concerns were discussed.  SEQR test and results resolved that there would be zero impact. Motion to close the public hearing: Motion: Leahy Second: Ray Ayes – 6 Nays – 0 Motion to approve of the variance, with the change that the operational hours must be weeknights 4:00pm-9:00pm and weekends (Saturday and Sunday) 10:00am-5:00pm with a maximum of two four- hour classes per month. Motion: Leahy Minutes of the August 13, 2018 Meeting 3  City of Cortland – Zoning Board of Appeals Second: Manning Ayes – 6 Nays – 0 Item #6 – 27 James St (White) – Area Variance (R1)  Orville White Parking – application has small discrepancy that is technically insignificant. Motion to close the public hearing: Motion: Manning Second: Larson Ayes – 6 Nays – 0 Motion to approve of the area variance: Motion: Larson Second: Ray Ayes – 6 Nays – 0 Item #7 – 15 Church St (Kruman) – Special Use Variance (R4)  Van Kruman was present to speak and read recommendations from Cortland County Planning.  Commercial indoor Lodging is sought for a large five-bedroom edifice in an R4 district. Knickerbocker found no issues with the space. Total acreage is equal to .142 acres.  The property possesses four parking spaces.  SEQR resulted in a passed test and no further questions. Motion to close the public hearing: Motion: Larson Second: Leahy Ayes – 6 Nays – 0 Motion to approve as requested: Motion: Manning Second: Cleary Ayes – 6 Nays – 0 Item #8 – 21 W. Main St (Fairbanks) – Area Variance (R1)  Ron Ferri was present to speak, close friend of Fairbanks; requests a reduction of required front yard for a handicap wood ramp. Possible other designs were discussed. Minutes of the August 13, 2018 Meeting 4  City of Cortland – Zoning Board of Appeals  The ramp will be ADA compliant; the distance between the sidewalk and the porch stairs is twenty-four feet. This application is hoping to allow the ramp to avoid being too close to the sidewalk; it needs to be twelve-feet from the sidewalk. Motion to close the public hearing: Motion: Ray Second: Manning Ayes – 6 Nays – 0 Motion to approve of the variance with the condition that a minimum of a twelve-foot setback from the sidewalk exists, alongside new drawings to be submitted, and a letter of authorization to represent Mr. Fairbanks. Motion: Ray Second: Leahy Ayes – 6 Nays – 0 Minutes Motion to accept and approve of the minutes: Motion: Manning Second: Cleary Ayes – 6 Nays – 0 Old/New Business  June agenda: 206 Tompkins St. had been withdrawn. Motion to accept this pull. Motion: Steve Second: Manning Ayes – 6 Nays – 0  June Agenda: 8 Summit had been withdrawn. Motion to accept this pull. Motion: Steve Second: Leahy Ayes – 6 Nays – 0 Adjournment Motion: Steve Second: Manning Ayes – 6 Nays – 0 Minutes of the August 13, 2018 Meeting 5  City of Cortland – Zoning Board of Appeals 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 13th DAY OF AUGUST IN THE YEAR 2018. SCOTT STEVE, ZBA CHAIR MEMBER Minutes of the August 13, 2018 Meeting 6