Zoning Board of Appeals

City of Cortland – Zoning Board of Appeals Zoning Board of Appeals City of Cortland Regular meeting of April 13, 2020 A regular meeting of the Zoning Board of Appeals was held on Monday, April 13, 2020 at 5:30 PM Via Zoom. Present: Commissioners Scott Steve, Thomas Larson, Brett Barnes, Juliene Ray, Abigail Cleary, Maria Manning, Karen Leahy Staff: Zoning Officer Robert Rhea, Interim Director of Code Enforcement Mike Tenkate, Secretary Devon Rainbow Item #1 – 83-85 Groton Ave. (Pothos) – Area Variance  Lot size Fran Cassullo & Emanuel Pothos were present. It is a mixed-use changing to multi-unit residential. It is at total of 2 Units: 1 unit in the basement & 1 unit on the upper floor. There are a few variances required: area variance for lot size from 10,000sqf to 4,000sqft, a lot width of 100ft to 46ft, side yard buffer from 15ft to 4ft, rear yard down to 10ft from 20ft, lot coverage of minimum 60% but is at 85%, and 10ft buffer along rear. Will need area variance if parking goes through for 82 Groton Ave and 10ft buffer as well. Mr. Pothos stated he is focusing on 82 Groton Ave and the ancillary parking across the street. Essentially the building at 83 Groton Avenue footprint is not changing, however 82 Groton is looking for ancillary parking. Only asking for seven parking spots. Removing the bar/tavern and making it into two more apartments. The building at 83-85 needs updated for safety and was always been mixed use. It has 1 bedroom units and zero parking. Bob Rhea stated that 82 Groton Avenue is 4 single units and therefore parking requirements are 1.5 per unit which equals 6 spots plus the ancillary requirements. This property has managed 10 years without parking. The leases do state there is no parking available. Commissioner Larson stated that possibly assign spots to apartments. Parking would help but is not required. Mr. Pothos spoke with neighbors and trash was a concern. He is looking to move the trash to the ally. There are a number of code violations with this property that will be resolved in the process of the renovations. Motion to close public hearing. Motion: Comm. Larson Second: Comm. Cleary Approved: Ayes – 6 Nays – 0 The Board reviewed the test questions necessary for the deciding of granting or rejecting an area variance. Minutes of the April 13, 2020 Meeting 1  City of Cortland – Zoning Board of Appeals SEQR Part 1 has no impact. Motion to allow parts 2 & 3 of the SEQR be emailed for ratification at the next meeting. Motion: Comm. Barnes Second: Comm. Cleary Approved: Ayes – 6 Nays – 0 Motion to approve with the variance of no parking for 83-85 Groton Ave, work with applicant on getting signage stating no standing and to disregard 82 Groton Ave. Motion: Comm. Barnes Second: Comm. Cleary Approved: Ayes – 6 Nays – 0 Item #2 – 16 Owego St. (Barden) – Area Variance  4’ buffer No one present to speak. There are concerns with elevation & fire access. Possibly remove the porch and fix elevation. It can be a 2 family. Motion to table pending further information regarding grading, water management and engineer drawings. Motion: Comm. Larson Second: Comm. Leahy Approved: Ayes – 6 Nays – 0 Item #3 – 37-39 Port Watson (Gallow) – Area Variance  10’ buffer Paul Gallow was present. It is 2 bedroom units, no parking on site, using public parking, will need parking permits. There is less traffic with eliminating parking. Motion to close public hearing. Motion: Comm. Cleary Second: Comm. Barnes Minutes of the April 13, 2020 Meeting 2  City of Cortland – Zoning Board of Appeals Approved: Ayes – 6 Nays – 0 The Board reviewed the questions necessary for the deciding of granting or rejecting an area variance. Motion to vote on SEQR 2 & 3 at next meeting Motion: Comm. Ray Second: Comm. Cleary Approved: Ayes – 6 Nays – 0 There were concerns/questions with the trash plan. The back side of front building, going be using bins and was a storage area which is not seen from the road. Possible sidewalk with blockers where driveway is. Central air will be installed. There is a fence and trees between properties on Church Street side. Motion to approve area variance with buffer and obtaining a Special Use permit from Planning. Motion: Comm. Ray Second: Comm. Barnes Approved: Ayes – 5 Nays – 1 (Commissioner Leahy) Item #4 – 23 Tompkins St. (Armideo) – Area Variance  Side yard setback Mr. Barnanello was present. Planning approved site plan and special use. In order to preserve this house it must kept at 1 unit. Will go to Historic for outside painting. There is no change to the carriage house. Will be using 1 bay of the carriage house for parking. There is a maximum occupancy of 10. There is no increase in lot coverage. There is no change in the structure of the home. There are 10 spaces provided. Landscaping has been added. Rooming house permitted where zoned in R3 & R4 Motion to close public hearing Motion: Comm. Ray Second: Comm. Cleary Approved: Ayes – 6 Nays – 0 The Board reviewed the questions necessary for the deciding of granting or rejecting an area variance. Minutes of the April 13, 2020 Meeting 3  City of Cortland – Zoning Board of Appeals The Board reviewed the SEQR. Motion to approve area variance as submitted. Motion: Comm. Barnes Second: Comm. Larson Approved: Ayes – 6 Nays – 0 Approval of minutes Motion to approve the minutes as amended. Motion: Comm. Cleary Second: Comm. Manning Approved: Ayes – 6 Nays – 0 New/old business: 52 Clayton Ave (Pace) – Interpretation (R1) Motion to Table any further discussions on 52 Clayton until hear back from Corporate Counsel. Motion: Comm. Larson Second: Comm. Ray Approved: Ayes – 6 Nays – 0 Adjournment Motion to adjourn. Motion: Comm. Barnes Second: Comm. Larson 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 13TH DAY IN APRIL IN THE YEAR 2020. Minutes of the April 13, 2020 Meeting 4  City of Cortland – Zoning Board of Appeals SCOTT STEVE, ZBA CHAIR MEMBER Minutes of the April 13, 2020 Meeting 5