Zoning Board of Appeals

City of Cortland – Zoning Board of Appeals Zoning Board of Appeals City of Cortland Regular meeting of November 4, 2019 A regular meeting of the Zoning Board of Appeals was held on Monday, November 4, 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, Juliene Ray, Abigail Cleary Staff: Zoning Officer Bob Rhea, Secretary Devon Rainbow Item #1 – 149 Central Ave (O’Neill) – Area Variance (R2)  Handicap Ramp in front yard green space Chuck Newman the construction manager for Habitat for Humanity was present. The ramp is to be reconfigured and need to be removable. Motion to close Public Hearing: Motion: Comm. Larson Second: Comm. Ray Approved: Ayes – 6 Nays – 0 The Board reviewed the questions necessary for the deciding of granting or rejecting an area variance. Motion to approve temporary ramp, must be floating for easy removal when not needed, when it is sold or no longer in use: Motion: Comm. Barnes Second: Comm. Larson Approved: Ayes – 6 Nays – 0 Approval of minutes Motion to approve the minutes as amended from October 21, 2019. Motion: Comm. Manning Second: Comm. Cleary Minutes of the November 4, 2019 Meeting 1  City of Cortland – Zoning Board of Appeals Approved: Ayes – 6 Nays – 0 New/old business: 52 Clayton had the Judge’s decision that they need to rehear and look into a couple of things. The decision was annulled and vacated. The matter is remanded to the ZBA for further proceedings to address the appeal of the petitioner as to (1) whether the 5 occupants in the subject property satisfy the term “family” as that is defined in Section 300-2-(2) of the City of Cortland Code, (2) The 1st one is that the Judge ordered them to reconsider whether the 5 occupants in subject property satisfy the term “family” in this code The 2nd one was whether the Respondents of the City of Cortland and Robert Rhea, Zoning Officer for the City of Cortland, have applied and enforced the City of Cortland Code uniformly and equally with respect to properties similarly situated as that of the petitioner. Chairman Steve stated number 2 is a direct violation of what ZBA is there for. They are not to look at all the properties independently have to look at each individually. That was under appeal by the City and not too look at #2 right now. When the ZBA was handed this before, it was an appeal to Bob’s decision but wasn’t made for an application. Would the proper way to do it be to have an application be submitted for what they are trying to do instead of an interpretation? In this matter, all the ZBA was trying to do is interpret whether those 5 people constituted the equivalent of a “family”. At the time ZBA did have documentation of what they were asking, and said document wasn’t presented to the court case. In this discussion it was mentioned that they should put the documentation in to evidence and they should go through each element under this section of the code stating why or why not it is equivalent to a functional family. Exhibit A is the original Application for an Interpretation Exhibit B1 Affidavit of Cheseal Delvecchio Exhibit B2 Affidavit of Adelyn Collins Exhibit B3 Affidavit of Caitlyn Lennon Exhibit B4 Affidavit of Taryn McGinley Exhibit B5 Affidavit of Julia Helfman Exhibit C Zoning Board of Appeals Decision Sheet Exhibit D Supplemental Decision from the Judge Exhibit E Notice of Violation/Order to Remedy The ZBA is now going to determine whether the 5 occupants of the subject property satisfy the definition term “family” as the term is defined in Section 300/300-2 discussion. Questions being discussed are: Minutes of the November 4, 2019 Meeting 2  City of Cortland – Zoning Board of Appeals 1) Family one, two or 3 persons occupying a dwelling unit – NO 2) 4 or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family – 2b states in determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria should be present: means that all the different criteria must be present 2b1 is not relevant because it doesn’t say whether they are related or not 2b4a&b are clearly objective, 3) The option is to ask to have it pushed back through the ZBA and have all the information, have all the applications, have all the affidavits and ask for all that information because didn’t have all the information. Their structure and their function doesn’t resemble traditional family unit based on information we are provided. In theory a family is not a group of people assembled from all corners of the state to go to college then they leave and go someplace else. Exhibit F Justification of Functional Family & check list This was a self-created document. Question 2 was marked unsure. The checklist document was not notarized. Exhibit G Vehicle Information, license plate numbers After review of exhibits A through G, there was no change in decision regarding ZEO Violation. The ZBA is reviewing the ZEO’s Violation Notice and the ZBA is making a determination that the ZBA uphold the Violation, based on review of the documentation that was provided in exhibits A-G. A new decision was made based on reviewing everything & discussing everything thoroughly. Adjournment Motion to adjourn. Motion: Comm. Manning Second: Comm. Cleary Approved: Ayes – 6 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 4TH DAY IN NOVEMBER IN THE YEAR 2019. SCOTT STEVE, ZBA CHAIR MEMBER Minutes of the November 4, 2019 Meeting 3