Zoning Board of Appeals

CITY OF CORTLAND ZONING BOARD OF APPEALS NOVEMBER 14, 2022 – 6:00 PM CITY HALL, 25 COURT STREET, CORTLAND NY 13045 MINUTES The regularly scheduled meeting of the Zoning Board of Appeals was called to order at 5:31 p.m. The following members of the Zoning Board of Appeals were recorded present: Brett Barnes, Vice Chair Kyle Davis Thomas Larson Tristan Laurore, Sr. Ray Parker Juliene Ray The following members were recorded absent: Maria Manning, Chairperson Agenda Item No. 1 13 Pomeroy (Babson) R-2 A Public Hearing was opened at 5:33 p.m. regarding Agenda Item No. 1. relating to a Use Variance application for use of a garage apartment. The applicant, Clifford Babson was present to speak. He stated that he purchased the property with an existing non-conforming use garage apartment and seeks to bring it into compliance. The public hearing was closed at 5:41 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. 1. 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? Answer: Yes 2. Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance? Answer: Yes 3. Whether the requested area variance is substantial? Answer: Yes 4. Whether the proposed variance will have an adverse effect or impact on the physical environmental conditions in the neighborhood or district? Answer: No  5. 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? Answer: No Mr. Parker made a motion that the Zoning Board of Appeals approve the Area Variance as requested. Ms. Ray seconded the motion. The motion was approved by a vote of 6-0. Agenda Item No. 2 13 Kent St. (Stillman) R1 A Public Hearing was opened at 5:48 p.m. regarding Agenda Item No. 2. relating to an Area Variance application for expansion into front setback for a deck. No one was present to speak. The Zoning Officer, Mr. Rhea, explained that the proposed deck would extend 2’6” further than the Administrative Code permits. The public hearing was closed at 5:52 p.m. A motion to table Agenda Item No. 2. was made by Mr. Larson, seconded by Ms. Ray and approved 6-0 Agenda Item No. 3 30 River St. (River St. Holding) GB-2 A motion was made to table Agenda Item No. 3 by Mr. Barnes, seconded by Ms. Ray and approved by a vote of 6-0. Agenda Item No. 4 51 Port Watson St. (Cortland Housing Authority) R1 A Public Hearing was opened at 5:56 p.m. regarding Agenda Item No. 4. relating to an Area Variance application to permit front yard parking expansion. R.C Fagan Engineers speaking on behalf of the applicant explained that the existing driveway would remain in place, provide for parking spaces including two handicap parking spaces, and alleviate problems with the fire lane. The Code Office indicated that the Fire Department wants fire lanes marked on the pavement. The public hearing was closed at 6:02 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. 1. 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? Answer: No 2. Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance? Answer: No 3. Whether the requested area variance is substantial? Answer: No 4. Whether the proposed variance will have an adverse effect or impact on the physical environmental conditions in the neighborhood or district? Answer: No 5. 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? Answer: Yes Zoning Board of Appeals Minutes – November 14, 2022 Page 2 of 3 Mr. Parker made a motion that the Zoning Board of Appeals approve the Area Variance with the condition of fire lane stripping. Mr. Barnes seconded the motion. The motion was approved by a vote of 6-0. Mr. Larson made a motion to approve the minutes of the October 17, 2022 Zoning Board of Appeals meeting with an amendment. Mr. Parker seconded the motion. The motion was approve by a vote of 5-0. Ms. Ray made a motion to adjourn the meeting. The motion was approved by a vote of 6-0. The meeting was adjourned at 6:08 p.m. I, ANDREW T. JEWETT, CITY CLERK FOR THE CITY OF CORTLAND, NEW YORK, DO HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT RECORD OF THE MOTIONS AND PROCEEDINGS OF A REGULARLY SCHEDULED MEETING OF THE CITY OF CORTLAND ZONING BOARD OF APPEALS HELD ON THE 14TH DAY OF NOVEMBER, 2022. _____________________________________ ANDREW T. JEWETT, CITY CLERK Zoning Board of Appeals Minutes – November 14, 2022 Page 3 of 3