Zoning Board of Appeals

CITY OF CORTLAND ZONING BOARD OF APPEALS SEPTEMBER 11, 2023 MEETING MINUTES MAYOR RECORD OF DECISIONS SCOTT STEVE __________________ RECORD NO. 2023.09.11 - 01 ADDRESS: 156 Central Ave. APPLICATION: Area Variance APPLICANT: Justin & Sarah Sallis ZONING BOARD OF APPEALS DECISION: Approved BRETT BARNES, CHAIR KYLE DAVIS THOMAS LARSON RECORD NO. 2023.09.11 - 02 ADDRESS: 122 Pendleton St. RAY PARKER APPLICATION: Area Variance APPLICANT: Derek Reynolds JULIENE RAY DECISION: Approved __________________ CITY CLERK RECORD NO. 2023.09.11 - 03 ADDRESS: 155-157 Tompkins St. ANDY JEWETT APPLICATION: Zoning Interpretation APPLICANT: Maher Amed 607-758-8331 DECISION: Decision upheld cityclerk@cortland.org __________________ RECORD NO. 2023.09.11 - 04 ADDRESS: 5 Main St. ZONING & CODE ENFORCEMENT OFFICER APPLICATION: Zoning Interpretation APPLICANT: Richard DeChick CAPTAIN ROY EVERETT DECISION: Decision upheld 607-753-1741 reverett@cortland.org __________________ CORPORATION COUNSEL A.J. MELDRIM __________________ DIRECTOR OF ADMINISTRATION & FINANCE LISA HENTY OFFICE OF THE CITY CLERK  CITY OF CORTLAND  CITY HALL  25 COURT ST  CORTLAND NY 13045  CITY OF CORTLAND ZONING BOARD OF APPEALS SEPTEMBER 11, 2023 MEETING MINUTES CALL TO ORDER AND ROLL CALL The regularly scheduled meeting of the City of Cortland Zoning Board of Appeals (ZBA) was called to order at 5:38 p.m. in the Common Council Chambers of City Hall, 25 Court St. Cortland NY. The following ZBA members were recorded present: Brett Barnes Kyle Davis Thomas Larson Ray Parker The following member was excused: Juliene Ray VARIANCE APPLICATIONS Record of Decision 2023.09.11 - 01 Area Variance Application for 156 Central Ave. A public hearing was open at 5:39 p.m. The applicant, Sarah Sallis explained that she seeks a variance for a 6’ privacy fence in the front yard of a corner lot. 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. 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 Decision: A motion was adopted to approve the Area Variance application. Motioned by: Board Member Parker Seconded by: Board Member Barnes Zoning Board of Appeals Minutes | September 11, 2023 Page 1 of 3  Approved: Ayes – 4 [Barnes, Davis, Larson, Parker] Nays – 0 Record of Decision 2023.09.11 - 02 Area Variance Application for 122 Pendleton St. A public hearing was open at 5:50 p.m. The applicant, Derek Reynolds, explained that he seeks a variance for lot size and side yard setback for a new single family residence. The public hearing was closed at 5:56 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 Decision: A motion was adopted to approve the Area Variance application. Motioned by: Board Member Barnes Seconded by: Board Member Larson Approved: Ayes – 4 [Barnes, Davis, Larson, Parker] Nays – 0 Record of Decision 2023.09.11 - 03 Zoning Interpretation Application for 155 - 157 Tompkins St. A public hearing was open at 6:04 p.m. The applicant, Maher Amed on behalf of the Food bag Market & Smoke Shop seeks an interpretation of zoning code §300-4 and §300-32 as they relate to head shops. The public hearing was closed at 6:23 p.m. The Zoning Board of Appeals upheld the Zoning Enforcement Officer’s decision that the business is a prohibited use pursuant to Administrative Code §300-4 and §300-32 in that it meets the definition of “Head Shop” within §300-4 as “a retail establishment that offers for sale, use or display paraphernalia or items designed or marketed for use with tobacco products, inhalants commonly referred to as “vaping products” and inclusive of e- cigarettes, marijuana, or controlled substances, a cannabis dispensary, or anything similar in use.” Record of Decision 2023.09.11 - 04 Zoning Interpretation Application for 5 Main St. A public hearing was open at 6:25 p.m. The applicant, Richard DeChick seeks an interpretation of zoning code sections §300-4 and §300-32 as they relate to head shops. The public hearing was closed at 6:39 p.m. Zoning Board of Appeals Minutes | September 11, 2023 Page 2 of 3 The Zoning Board of Appeals upheld the Zoning Enforcement Officer’s decision that the business is an allowed use pursuant to Administrative Code §300-4 and §300-32 in that it does not meet the definition of “Head Shop” within §300-4 as “a retail establishment that offers for sale, use or display paraphernalia or items designed or marketed for use with tobacco products, inhalants commonly referred to as “vaping products” and inclusive of e-cigarettes, marijuana, or controlled substances, a cannabis dispensary, or anything similar in use.” A stipulation was added that the owner place a sign visible in the store window stating that smoking and vaping are prohibited on the street. APPROVAL OF THE MINUTES A motion was made and approved to accept the minutes of the August 14, 2023 ZBA meeting. Motioned by: Board Member Parker Seconded by: Board Member Larson Approved: Ayes – [Barnes, Davis, Larson, Parker] Nays – ADJOURNMENT The meeting was adjourned at 6:50 p.m. on motion of Mr. Barnes. 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 SEPTEMBER 11, 2023. _____________________________ ANDREW T. JEWETT, CITY CLERK Zoning Board of Appeals Minutes | September 11, 2023 Page 3 of 3