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Zoning Board of Appeals

Regular Meeting

Cortland, NY · July 11, 2022

AgendaMinutes

Minutes

The City of Cortland Zoning Board of Appeals July 11, 2022 City Hall, 25 Court Street The meeting was called to order at 5:37 p.m. The following members of the Zoning Board of Appeals were recorded present: Maria Manning, Chairperson Thomas Larson Tristan Laurore, Sr. Juliene Ray The following members were recorded absent: Brett Barnes, Kyle Davis, and Ray Parker. Agenda Item No. 1: Area Variance for 1-3 Kinney Lane (Oliver) A Public Hearing was opened at 5:38 p.m. regarding Agenda Item No. 1. Raymond Oliver, owner of the property was present to speak. The Variance is requested for lot coverage in the front yard for a driveway. The driveway paving has already occurred. Ms. Ray made a motion to close the public hearing. The motion was seconded by Mr. Larson and approved 4-0. The public hearing was closed at 5:46 p.m. The Zoning Board of Appeals considered and discussed the Area Variance Five Factor test pursuant to City Code, Article XV, Section 300-150. The following factors were discussed and answered. • Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance? No • Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance? No • Whether the requested area variance is substantial? No • Whether the proposed variance will have an adverse effect or impact on the physical environmental conditions in the neighborhood or district? No City of Cortland – Zoning Board of Appeals Minutes of May 9, 2022 • Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board, but shall not necessarily preclude the granting of the variance? Yes Mr. Laurore made a motion that the Zoning Board of Appeals approve the Area Variance requested pursuant to Agenda Item No. 1. Mr. Larson seconded the motion. The motion was approved by a vote of 4-0. Agenda Item No. 2: Area Variance for 158-162 Tompkins Street (Dunkin Donuts) A Public Hearing was opened at 5:50 p.m. regarding Agenda Item No. 2: relating to lot coverage for a 10’x10’ shed. James Collyer, representative of the business was present to speak. The Variance is requested to provide dry good storage. Mr. Larson made a motion to close the public hearing. The motion was seconded by Ms. Ray and approved 4-0. The public hearing was closed at 5:55 p.m. The Zoning Board of Appeals considered and discussed the Area Variance Five Factor test pursuant to City Code, Article XV, Section 300-150. The following factors were discussed. • Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance? No • Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance? No • Whether the requested area variance is substantial? No • Whether the proposed variance will have an adverse effect or impact on the physical environmental conditions in the neighborhood or district? No • Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board, but shall not necessarily preclude the granting of the variance? No Mr. Larson made a motion that the Zoning Board of Appeals approve the Area Variance. Ms. Ray seconded the motion. The motion was approved by a vote of 4-0. Agenda Item No. 3: Area Variance for 86 River Street (Lavare) A Public Hearing was opened at 5:58 p.m. regarding Agenda Item No. 3 relating to a privacy fence taller than 4’ on a corner lot. No one was present to speak. The Variance is requested for a 6’ fence. Page 2 of 3 City of Cortland – Zoning Board of Appeals Minutes of May 9, 2022 Ms. Ray made a motion to close the public hearing. The motion was seconded by Mr. Laurore and approved 4-0. The public hearing was closed at 6:04 p.m. The Zoning Board of Appeals considered and discussed the Area Variance Five Factor test pursuant to City Code, Article XV, Section 300-150. The following factors were discussed. • Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance? No • Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance? No • Whether the requested area variance is substantial? No • Whether the proposed variance will have an adverse effect or impact on the physical environmental conditions in the neighborhood or district? No • Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board, but shall not necessarily preclude the granting of the variance? No Ms. Ray made a motion that the Zoning Board of Appeals approve the Area Variance. Mr. Laurore seconded the motion. The motion was approved by a vote of 4-0. The minutes of the June 13, 2022 Zoning Board of Appeals meeting was approved 4-0 on motion of Mr. Laurore and seconded by Ms. Ray. The meeting was adjourned at 6:07 p.m. on motion of Mr. Larson, seconded by Mr. Laurore and approved 4-0. I, ANDREW T. JEWETT, CITY CLERK FOR THE CITY OF CORTLAND, NEW YORK, DO HEREBY CERTIFY THAT THE ABOVE MINUTES OF THE JULY 11, 2022 MEETING OF THE ZONING BOARD OF APPEALS WERE APPROVED BY THE BOARD ON AUGUST 8, 2022. _____________________________________ _____________________________________ ANDREW T. JEWETT, CITY CLERK MARIA MANNING, CHAIRPERSON ZONING BOARD OF APPEALS Page 3 of 3

Agenda

ZONING BOARD OF APPEALS AGENDA There will be a regular meeting/Public Hearing of the Zoning Board of Appeals on Monday, July 11, 2022 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 –1-3 Kinney Ln. (R-1) – Area Variance (Oliver)  Lot coverage in front yard for driveway Item #2 –158-162 Tompkins St. (NB) – Area Variance (Dunkin Donuts)  Lot coverage for shed (10’ x 10’) Item #3-86 River St. (R-2)-Area Variance (Lavare)  Fence height in front yard Old/New Business Minutes Adjournment

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