Zoning Board of Appeals

City of Cortland – Zoning Board of Appeals Zoning Board of Appeals City of Cortland Regular meeting of January 14, 2019 A regular meeting of the Zoning Board of Appeals was held on Monday, January 14, 2019 at 5:30 PM in the Mayor’s Conference Room at City Hall. Present: Commissioners Scott Steve, Juliene Ray, Abigail Cleary, Karen Leahy, and Thomas Larson Excused: Commissioner Maria Manning Staff: Zoning Officer Bob Rhea, Chief William Knickerbocker, and Confidential Secretary Devon Rainbow Item #1 – Elect Chair of the ZBA The elected chair for ZBA is Commissioner Scott Steve. Motion: Comm. Leahy Second: Comm. Cleary Approved: Ayes – 4 Nays – 0 Item #2 – Elect Vice-Chair of the ZBA The elected vice-chair is Commissioner Maria Manning. Motion: Comm. Larson Second: Comm. Ray Approved: Ayes – 4 Nays – 0 Item #3 – Appoint Devon Rainbow as the Secretary for the ZBA Devon will continue to be the ZBA secretary. Motion: Comm. Ray Second: Comm. Leahy Approved: Ayes – 4 Nays – 0 Item #4 – 211 S Main St (Cortland Plastics) – Area Variance (GI) Minutes of the January 14, 2019 Meeting 1  City of Cortland – Zoning Board of Appeals  Additional signage Ron from Charles signs was present to speak and explain the signage. The square footage of the sign does not exceed allotment. On the front of the building there is a sign that is lower, and there is an upper sign with a name on it. The size is 4’x8’ double sided, with HBU carved. Motion to close the public hearing: Motion: Comm. Ray Second: Comm. Larson Approved: Ayes – 4 Nays – 0 The ZBA reviewed the questions determining whether or not to grant the area variance. With the responses, the ZBA decided that the area variance could be granted. Motion to approve: Motion: Comm. Larson Second: Comm. Leahy Approved: Ayes – 4 Nays – 0 Item #5 – 52 Clayton Ave (Pace) – Interpretation (R-1) Mark Pace was present to speak. On his application, there was an appeal for the violation of students vs. a functional family. Mark handed out paperwork showing that the house has been inspected. Mark referred to a 1978 law, but said that Cortland is using a 2003 date. Mr. Pace explained that he had spoken with Chief Glover and had a form been filled out, it would equal a functional family. 52 Clayton has students living in the surrounding homes near the property. Mr. Pace was telling horror stories of past tenants. He explained how difficult it was to get people out. Mr. Pace had done some other work to the property without having gotten permits, but he claims everything is correct. He had 2 bedrooms added on over the summer, by adding walls. This item is presented to be decided whether it constitutes as a family, however, Commissioner Steve explained that Mark is arguing that the code city chapter 100 and 102 rental permit states no owner should buy a rental building structure unless it holds a valid rental permit. Bob supplied another violation notice given to Mark. It was discussed that a functional family does not plan to disperse at a given time, but these tenants have indicated that they will. Also, for 300-2 all the criteria must be met, not just the majority. Also, their driver’s licenses and the addresses on them indicated that the tenants are not permanent residents. Motion to close the public hearing: Motion: Comm. Cleary Second: Comm. Leahy Approved: Ayes – 4 Nays – 0 Minutes of the January 14, 2019 Meeting 2  City of Cortland – Zoning Board of Appeals Motion to uphold the ZOD: Motion: Comm. Cleary Second: Comm. Larson Approved: Ayes – 4 Nays – 0 Item #6– 16 Owego St (Barden) – Area Variance (R2) The previously tabled item for 16 Owego needs to be tabled again due to the owner ill in the Hospital. Motion to table for a second time: Motion: Comm. Larson Second: Comm. Cleary Approved: Ayes – 4 Nays – 0 Item #7– 201 Tompkins St (Blood) – Special Use Variance (R1) The item will be pulled. Motion: Comm. Cleary Second: Comm. Leahy Approved: Ayes – 4 Nays – 0 Approval of minutes Motion to approve the minutes as amended: Motion: Comm. Larson Second: Comm. Leahy Approved: Ayes – 4 Nays – 0 Adjournment Motion: Comm. Cleary Second: Comm. Larson Approved: Ayes – 4 Nays – 0 Minutes of the January 14, 2019 Meeting 3  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 14TH DAY IN JANUARY IN THE YEAR 2019. SCOTT STEVE, ZBA CHAIR MEMBER Minutes of the January 14, 2019 Meeting 4