Zoning Board of Appeals

City of Cortland – Zoning Board of Appeals Zoning Board of Appeals City of Cortland Regular meeting of June 10, 2019 A regular meeting of the Zoning Board of Appeals was held on Monday, June 10, 2019 at 5:38 PM in the Mayor’s Conference Room at City Hall. Present: Commissioners Scott Steve, Juliene Ray, Abigail Cleary, Thomas Larson, Brett Barnes and Maria Manning Absent: Commissioner Karen Leahy Staff: Zoning Officer Bob Rhea, Chief William Knickerbocker, and Secretary Devon Rainbow Item #1 – 8 Frederick St. (Gross) – Area Variance (R2)  Reconstruction of the Driveway Ryan and Kaylee Gross was present for the meeting. They stated the work had already been started before realizing a permit was needed. They planned on replacing the driveway along the adjoining property line. The driveway will extend approximately 10” over the existing property line, but no closer than 4” to the existing fence line located at 6 Frederick Ave. They are looking to make it a 2 car driveway to make easier for tenants with extra concrete at the end of parking for a patio area. This was uneven gravel and weeds initially and will make it look much nicer. The main entrance is in the back of the house for the tenant. The secondary entrance is the front porch. The tenant utilizes the left driveway currently. The tenant to the left has 1 car currently but daughter stays there often. The lot is small and, it went from 70% to 77% lot coverage. There were concerns with the driveway easement, water runoff and loss of greenspace. Motion to close the public hearing: Motion: Comm. Ray Second: Comm. Manning Approved: Ayes – 5 Nays – 0 The Board reviewed the questions necessary for deciding of granting or rejecting an area variance. Motion to table with the condition that they file the deed establishing the easement within a maximum of 60 days. Motion: Comm. Larson Second: Comm. Ray Approved: Ayes – 5 Minutes of the June 10, 2019 Meeting 1  City of Cortland – Zoning Board of Appeals Nays – 0 Item #2 – 55 Owego St. (Ithacor) – Area Variance (R2)  Parking This item needs to be pulled from the agenda at this point as it needs to go through the County for review first. Motion to pull item from the agenda: Motion: Comm. Barnes Second: Comm. Cleary Approved: Ayes – 5 Nays – 0 Item #3 – 20 Summit St. (Ouellette) – Area Variance (R1)  Paving of the side yard Judy Ouellette was present for the meeting. She needs a variance to pave the side yard and have 1’ vegetative strip between her and her neighbor. This would also require her to get a curb cut because of the difficulty getting in & out of garage, plus the snow plow can’t clear the driveway properly. She is planning to leave a strip of vegetation 1’ from the fence. There are no greenspace issues. Motion to close the public hearing: Motion: Comm. Manning Second: Comm. Larson Approved: Ayes – 5 Nays – 0 The Board reviewed the questions necessary for the deciding of granting or rejecting an area variance. Motion to approve with the condition that they maintain the greenspace within 1ft of the current chain link fence. Motion: Comm. Manning Second: Comm. Cleary Approved: Ayes – 5 Nays – 0 Item #4 – 16 Owego St. (Barden) – Interpretation (R2)  Parking Requirements Minutes of the June 10, 2019 Meeting 2  City of Cortland – Zoning Board of Appeals Mr. Barden was present for the meeting. Under 300-4 the new code has a description of a student residence but it does not go back to discussing the student residence until parking and is not seen anywhere else. On 300-21 it talks about the medium density of an R2 and doesn’t state anything about that other than the inattentive district is to preserve traditional sediment patterns which one owner occupied or two family units, which are smaller lots. It talks about .8 parking spots per dwelling unit in the new code for student residence. The new code also talks about 2 parking spots per dwelling later on. ZEO Bob Rhea spoke about a student residence in an R2 district is not an approved use. This residence was identified by ZEO Bob Rhea as a 2 family residence as it has been. This was a 2 family residence but lost its use as a 2 family. This residence got a variance in 2015 for the width of a lot and area of a lot. Parking requirement for a 2 unit is 4 parking spaces. Also has a shared driveway which means more issues with coming and going. House has been vacant for years. Gerry Ruggiero owns an apartment nearby and has a contract issue with interest in the property. The property owner is looking at a use by right. By law In a R2 district you can have a single or 2 family dwelling. A 2 family dwelling can have a student residence. Gerry believes parking is ok. Rich Downing owns 18-20 Owego St. The property at 16 Owego St. has been vacant for about 9 years with zero progress. Mr. Downing thinks parking is impossible because it is a shared driveway and there is not much space. It was always a 1 family residence. David Angst owns 12 Owego St. spoke stating his understanding is that there are 2 parking spots required per unit. There would be less vehicles with 2 family house so less parking spots would be needed. Dan Blood had questions regarding the new Zoning Codes and the definitions. There was no Certificate of Zoning Occupancy for a 2 family because parking wasn’t established. Mr. Barden stated he is entitled to a 2 family house as a use by right, needs no variances and he has proper parking according to the law. Motion to close the public hearing: Motion: Comm. Cleary Second: Comm. Barnes Approved: Ayes – 5 Nays – 0 The Board reviewed the documentation presented to them. Motion to uphold Zoning Officers ruling. Motion: Comm. Cleary Second: Comm. Larson Minutes of the June 10, 2019 Meeting 3  City of Cortland – Zoning Board of Appeals Approved: Ayes – 5 Nays – 0 Approval of minutes Motion to approve the minutes as amended: Motion: Comm. Cleary Second: Comm. Barnes Approved: Ayes – 5 Nays – 0 New/old business: Motion to have Commissioner Steve write a letter to the City Council members to suggest fixing some of the discrepancies within the new Zoning Code. Motion: Comm. Barnes Second: Comm. Ray Approved: Ayes – 5 Nays – 0 Adjournment Motion: Comm. Ray Second: Comm. Cleary Approved: Ayes – 5 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 10TH DAY IN JUNE IN THE YEAR 2019. SCOTT STEVE, ZBA CHAIR MEMBER Minutes of the June 10, 2019 Meeting 4