Zoning Board of Appeals

CITY OF CORTLAND ZONING BOARD OF APPEALS NOVEMBER 13, 2023 MEETING MINUTES MAYOR RECORD OF DECISIONS SCOTT STEVE __________________ RECORD NO. 2023.11.13 - 01 ADDRESS: 34 Tompkins St. APPLICATION: Area Variance APPLICANT: Rich Cunningham ZONING BOARD OF APPEALS DECISION: Approved as submitted BRETT BARNES, CHAIR KYLE DAVIS RECORD NO. 2023.11.13 - 02 ADDRESS: 23-27 Maple Ave. THOMAS LARSON RAY PARKER APPLICATION: Area Variance APPLICANT: Marc Pace JULIENE RAY DECISION: Approved as submitted __________________ RECORD NO. 2023.11.13 - 03 ADDRESS: 155-157 Tompkins St. CITY CLERK ANDY JEWETT APPLICATION: Area Variance APPLICANT: Fowaz Alharbi 607-758-8331 DECISION: Denied cityclerk@cortland.org __________________ RECORD NO. 2023.11.13 - 04 ADDRESS: 143 Port Watson St. ZONING & CODE APPLICATION: Area Variance APPLICANT: James Dellow ENFORCEMENT OFFICER DECISION: Approved as submitted CAPTAIN ROY EVERETT 607-753-1741 reverett@cortland.org RECORD NO. 2023.11.13 - 05 ADDRESS: 24 Bellrose Ave. __________________ APPLICATION: Area Variance APPLICANT: Ashley McCracken CORPORATION COUNSEL DECISION: Approved with the conditions that all stipulations A.J. MELDRIM recommended by the County Planning Board be followed __________________ including impervious surface and verification that the existing dry well is sufficient or a new one installed. DIRECTOR OF ADMINISTRATION & FINANCE RECORD NO. 2023.11.13 - 06 ADDRESS: 3 Woodcrest Dr. LISA HENTY APPLICATION: Area Variance APPLICANT: Joshua Greene DECISION: Approved as submitted OFFICE OF THE CITY CLERK • CITY OF CORTLAND • CITY HALL • 25 COURT ST • CORTLAND NY 13045  CITY OF CORTLAND ZONING BOARD OF APPEALS NOVEMBER 13, 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 5:41 p.m. in the Common Council Chambers of City Hall, 25 Court St. Cortland NY. The following ZBA members were recorded present: Kyle Davis Thomas Larson Ray Parker Juliene Ray The following member was absent: Brett Barnes VARIANCE APPLICATIONS Record of Decision 2023.11.13 - 01 Area Variance Application for 34 Tompkins St. A public hearing was open at 5:41 p.m. The applicant, Rich Cunningham, was present. Mr. Cunningham seeks a variance for rear and side yard setbacks and installation of a handicap ramp. The public hearing was closed at 5:43 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: No Decision: A motion was adopted to approve the Area Variance application as submitted. Motioned by: Board Member Parker Zoning Board of Appeals Minutes | November 13, 2023 Page 1 of 3  Seconded by: Board Member Davis Approved: Ayes – 4 [Davis, Larson, Parker, Ray] Nays – 0 Record of Decision 2023.11.13 - 02 Area Variance Application for 23-27 Maple Ave. A public hearing was open at 5:44 p.m. The applicant, Marc Pace, was present. Mr. Pace seeks a variance for side/front yard setbacks, lot coverage, maximum parking. 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 as submitted. Motioned by: Board Member Ray Seconded by: Board Member Parker Approved: Ayes – 4 [Davis, Larson, Parker, Ray] Nays – 0 Tabled: Agenda Item No. 3 Area Variance Application for 72 Elm St. A public hearing was open at 5:51 p.m. The applicant, Donald White, seeks a variance to delay compliance with pervious surface code requirements, lot coverage, and side yard setback. The applicant was not present. The public hearing was closed at 5:59 p.m. and the item was temporarily laid aside. The ZBA resumed discussion of the item at 6:11 p.m. The ZBA tabled to the item so that questions could be asked of the applicant. Decision: A motion was adopted to table the item to a future meeting Motioned by: Board Member Parker Seconded by: Board Member Ray Approved: Ayes – 4 [Davis, Larson, Parker, Ray] Nays – 0 Zoning Board of Appeals Minutes | November 13, 2023 Page 2 of 3 Record of Decision 2023.11.13 - 03 Use Variance Application for 155-157 Tompkins St. A public hearing was open at 5:59 p.m. The applicant, Fowaz Alharbi, was not present. Mr. Alharbi seeks a variance for selling cannabis-related items contrary to Local Law No. 1 of 2022. The applicant sought a ZBA interpretation of the Zoning Enforcement Officer’s decision that the business was in violation of the law. The ZBA upheld the Zoning Enforcement Officer’s decision on September 11, 2023. The burden of proof in seeking a use variance is on the applicant. There being no one present to speak, the public hearing was closed at 6:05 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: No Decision: A motion was adopted to deny the Use Variance application. Motioned by: Board Member Parker Seconded by: Board Member Ray Approved: Ayes – 4 [Davis, Larson, Parker, Ray] Nays – 0 Record of Decision 2023.11.13 - 04 Area Variance Application for 143 Port Watson St. A public hearing was open at 6:15 p.m. The applicant, James Dellow, was not present. Mr. Dellow seeks a variance for 6ft privacy fence in front yard/corner lot. There being no one present to speak, the public hearing was closed at 6:20 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 Zoning Board of Appeals Minutes | November 13, 2023 Page 3 of 3  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: 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: Yes Decision: A motion was adopted to approve the Area Variance application as submitted. Motioned by: Board Member Davis Seconded by: Board Member Parker Approved: Ayes – 4 [Davis, Larson, Parker, Ray] Nays – 0 Tabled: Agenda Item No. 6 Area Variance Application for 16 Owego St. A public hearing was open at 6:22 p.m. The applicant, John Barden, was not present. Mr. Barden seeks a variance for lot coverage, front/side yard setbacks, vegetative strip. There being no one present to speak, the public hearing was closed at 6:23 p.m. The item was tabled so that ZBA members could to ask questions of the applicant. Decision: A motion was adopted to table the item to a future meeting. Motioned by: Board Member Larson Seconded by: Board Member Davis Approved: Ayes – 4 [Davis, Larson, Parker, Ray] Nays – 0 Record of Decision 2023.11.13 - 05 Area Variance Application for 24 Bellrose Ave.. A public hearing was open at 6:33 p.m. The applicant, Ashley McCracken, was not present. Ms. McCracken seeks a variance for lot size. There being no one present to speak, the public hearing was closed at 6:39 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? Zoning Board of Appeals Minutes | November 13, 2023 Page 4 of 3  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 with the conditions that all stipulations recommended by the County Planning Board be followed including impervious surface and verification that the existing dry well is sufficient or a new one installed. Motioned by: Board Member Ray Seconded by: Board Member Parker Approved: Ayes – 4 [Davis, Larson, Parker, Ray] Nays – 0 Record of Decision 2023.11.13 - 06 Area Variance Application for 3 Woodcrest Dr. A public hearing was open at 6:46 p.m. The applicant, Joshua Greene, was not present. Mr. Greene seeks a variance for good side of fence in for safety purpose. There being no one present to speak, the public hearing was closed at 6:48 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: No Decision: A motion was adopted to approve the Area Variance application as submitted. Motioned by: Board Member Parker Seconded by: Board Member Davis Approved: Ayes – 4 [Davis, Larson, Parker, Ray] Nays – 0 Zoning Board of Appeals Minutes | November 13, 2023 Page 5 of 3 Tabled: Agenda Item No. 9 Area Variance Application for 16 Stevenson St. A public hearing was open at 6:51 p.m. A representative of the applicant, ET Cook LLC, was not present. The applicant seeks a variance for maximum and side yard parking, and second driveway in side yard. There being no one present to speak, the public hearing was closed at Decision: A motion was adopted to table the item Motioned by: Board Member Davis Seconded by: Board Member Larson Approved: Ayes – 4 [Davis, Larson, Parker, Ray] Nays – 0 APPROVAL OF THE MINUTES A motion was made and approved to accept the minutes of the October 9, 2023 ZBA meeting with a change. Motioned by: Board Member Parker Seconded by: Board Member Ray Approved: Ayes – 4 [Davis, Larson, Parker, Ray] Nays – 0 ADJOURNMENT The meeting was adjourned at 7:00 p.m. on motion of Mr. Parker. 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 NOVEMBER 13, 2023. _____________________________ ANDREW T. JEWETT, CITY CLERK Zoning Board of Appeals Minutes | November 13, 2023 Page 6 of 3