Zoning Board of Appeals
Regular MeetingCortland, NY · October 21, 2019
Minutes
City of Cortland – Zoning Board of Appeals
Zoning Board of Appeals
City of Cortland
Regular meeting of October 21, 2019
A regular meeting of the Zoning Board of Appeals was held on Monday, October 21, 2019 at 5:30 PM in
the Mayor’s Conference Room at City Hall.
Present: Commissioners Scott Steve, Thomas Larson, Brett Barnes, Karen Leahy, Maria Manning
Absent: Commissioners Juliene Ray, Abigail Cleary
Staff: Zoning Officer Bob Rhea, Secretary Devon Rainbow
A motion was made to move Item #3 to #1 and item #1 to #2.
Motion: Comm. Larson
Second: Comm. Barnes
Approved: Ayes – 4
Nays – 0
Item #3 – 211 Pendleton St. (Henry) –Interpretation (R1)
Lot usage
Mr. Willmyer lived at 210 Pendleton Street for approximately 50 years. Never have heard of 211
Pendleton.
The owner Bob Henry would access the building from Oakcrest. The building is going to be a 30x40 poll
barn which would be used to store equipment such as a tractor, tiller, and lawn mowers for maintaining
the property. There is zero business use. Equipment is only used on this property. There will be a
gravel driveway for access to the road. Property had been used for agriculture in previous years.
Motion to close Public Hearing:
Motion: Comm. Larson
Second: Comm. Manning
Approved: Ayes – 4
Nays – 0
There are no other lots like it in the City.
Motion to overturn the ZEO’s decision to allow owner to apply for the permit:
Motion: Comm. Manning
Minutes of the October 21, 2019 Meeting 1
City of Cortland – Zoning Board of Appeals
Second: Comm. Barnes
Approved: Ayes – 4
Nays – 0
Item #1 – 149 Central Ave (O’Neill) – Area Variance (R2)
Handicap Ramp in front yard green space
Questions regarding ADA Compliance
Chuck Newman, construction manager for Habitat for Humanity of Tompkins County, the deck height is
2’4”. The ramp runs are 13’11”, for a total of almost 28’.
According to the Commissioners of the ZBA, the ramp is too steep and they need 3 more inches to be
ADA compliant.
Motion to table until reengineered:
Motion: Comm. Barnes
Second: Comm. Manning
Approved: Ayes – 4
Nays – 0
Item #2 – 29 Pearne Ave (Martini) – Area Variance (R3)
4’ setback for one-car garage
The size of the garage is 10x24. The gravel to be placed and garage placed 2’ within the gravel. The
current owner built deck and demolished old garage without permit.
Commissioner Steve had a concern with the closeness of the garage to the deck and suggested possibly
cutting the deck back to allow for maintaining the area between deck and garage.
Motion to close Public Hearing:
Motion: Comm. Leahy
Second: Comm. Manning
Approved: Ayes – 4
Nays – 0
The Board reviewed the questions necessary for the deciding of granting or rejecting an area variance.
Minutes of the October 21, 2019 Meeting 2
City of Cortland – Zoning Board of Appeals
Motion to approve with the structure being 20 inches from the deck, in which the deck will be cut back
to be in line with the house, and should be no less than 2 feet from the property line.
Motioned by: Comm. Barnes
Seconded by: Comm. Larson
Approved: Ayes – 4
Nays – 0
Approval of minutes
Motion to approve the minutes as amended from September 9, 2019.
Motion: Comm. Larson
Second: Comm. Leahy
Approved: Ayes – 4
Nays – 0
New/old business:
Court case discussion. A plan of action was submitted. Items submitted should be labeled as exhibits
(ie, A,B,C…..1, 2, 3).
Adjournment
Motion to adjourn.
Motion: Comm. Barnes
Second: Comm. Manning
Approved: Ayes – 4
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 21ST DAY IN OCTOBER IN THE YEAR 2019.
SCOTT STEVE, ZBA CHAIR MEMBER
Minutes of the October 21, 2019 Meeting 3
Agenda
ZONING BOARD OF APPEALS
AGENDA
There will be a regular meeting/Public Hearing of the Zoning Board of Appeals on Monday,
October 21, 2019 at 5:30 pm 3rd floor, City Hall, 25 Court Street, Cortland, NY. If any of the items
are of concern please feel free to attend the meeting.
Item #1 – 149 Central Ave. (O’Neill) – Area Variance (R2)
Handicap Ramp in front yard green space
Item #2 – 29 Pearne Ave. (Martini) – Area Variance (R3)
4’ setback for one-car garage
Item #3 – 211 Pendleton St. (Henry) – Interpretation (R1)
Lot usage
Minutes
Old/New Business
Adjournment
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