Zoning Board of Appeals

CITY OF CORTLAND ZONING BOARD OF APPEALS DECEMBER 11, 2023 MEETING MINUTES MAYOR RECORD OF DECISIONS SCOTT STEVE __________________ RECORD NO. 2023. 12.11 - 01 ADDRESS: 72 Elm St. ZONING BOARD OF APPEALS APPLICATION: Area Variance APPLICANT: Donald White BRETT BARNES, CHAIR DECISION: Approved as amended and submitted December 6, 2023. KYLE DAVIS THOMAS LARSON RECORD NO. 2023.12.11 - 02 ADDRESS: 16 Owego St. RAY PARKER APPLICATION: Area Variance APPLICANT: John Barden JULIENE RAY __________________ DECISION: Approved CITY CLERK RECORD NO. 2023. 12.11 - 03 ADDRESS: 16 Stevenson St. ANDY JEWETT 607-758-8331 APPLICATION: Area Variance APPLICANT: ET Cook LLC cityclerk@cortland.org DECISION: Approved with the conditions that the improved area not __________________ exceed 500 square feet and not extend beyond 109 feet from the center line of Stevenson St. and that does not include the ZONING & CODE existing driveway extension. ENFORCEMENT OFFICER CAPTAIN ROY EVERETT 607-753-1741 RECORD NO. 2023. 12.11 - 04 ADDRESS: 160 Clinton Ave. reverett@cortland.org APPLICATION: Area Variance APPLICANT: Ollie’s Bargain Outlet __________________ DECISION: Approved pending approval by the Cortland County Planning Board, City Planning Commission and NYS DOT. CORPORATION COUNSEL A.J. MELDRIM __________________ RECORD NO. 2023. 12.11 - 05 ADDRESS: 30-32 Chestnut St. APPLICATION: Area Variance APPLICANT: Quinton Wooldridge DIRECTOR OF ADMINISTRATION & FINANCE DECISION: Approved LISA HENTY RECORD NO. 2023. 12.11 - 06 ADDRESS: 39 Prospect Terrace APPLICATION: Area Variance APPLICANT: Lorraine Karpowich DECISION: Approved OFFICE OF THE CITY CLERK • CITY OF CORTLAND • CITY HALL • 25 COURT ST • CORTLAND NY 13045  CITY OF CORTLAND ZONING BOARD OF APPEALS DECEMBER 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 5:31 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 absent: Juliene Ray VARIANCE APPLICATIONS Agenda Item No 1 (Area Variance Application for 16 Owego St.) was tabled, to be considered after Agenda Item No. 2. (Area Variance Application for 72 Elm St.) Record of Decision 2023.11.13 - 01 Area Variance Application for 72 Elm St. A public hearing was open at 5:31 p.m. The applicant, Donald White, seeks a variance to delay compliance with pervious surface code requirements, lot coverage, and side yard setback. Mr. White was present via remote video and responded to questions from ZBA members. The public hearing was closed at 5:41 p.m. A motion was made by Mr. Parker, seconded by Mr. Larson to approve a gravel base driveway with the exception that the driveway have an impervious surface within two years of this date and no gravel base behind and east of the pole barn only. 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 Zoning Board of Appeals Minutes | December 11, 2023 Page 1 of 6  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 Larson Seconded by: Board Member Barnes Approved: Ayes – 4 [Barnes, Davis, Larson, Parker] Nays – 0 Record of Decision 2023.12.11 - 02 Area Variance Application for 16 Owego St. A public hearing was open at 5:49 p.m. The applicant, John Barden, seeks a variance for lot coverage, front/side yard setbacks, vegetative strip. Margaret Downing, an adjacent property owner, asked several questions about the application to which the board responded. Mr. Barden responded to several questions by board members. 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: No Decision: A motion was adopted to approve the Area Variance application as amended and submitted December 6, 2023. Motioned by: Board Member Larson Seconded by: Board Member Barnes Approved: Ayes – 4 [Barnes, Davis, Larson, Parker] Nays – 0 Record of Decision 2023.11.13 - 03 Area Variance Application for 16 Stevenson St. A public hearing was open at 6:00 p.m. The applicant seeks a variance for maximum and side yard parking, and second driveway in side yard. A representative of the applicant, ET Cook LLC was present. There being no one present to speak, the public hearing was closed at 6:22 p.m. Zoning Board of Appeals Minutes | December 11, 2023 Page 2 of 6 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 with the conditions that the improved area not exceed 500 square feet and not extend beyond 109 feet from the center line of Stevenson St. and that does not include the existing driveway extension. Motioned by: Board Member Larson Seconded by: Board Member Barnes Approved: Ayes – 4 [Barnes, Davis, Larson, Parker] Nays – 0 Record of Decision 2023.11.13 - 04 Area Variance Application for 160 Clinton Ave. A public hearing was open at 6:29 p.m. The applicant, Ollie’s Bargain Outlet, seeks a variance for a wall sign exceeding square footage requirements. A representative of the business was present to explain the application and answer questions. The public hearing was closed at 6:34 p.m. The application also requires approval of the Cortland County Planning Board and NYS Department of Transportation (DOT). 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? Zoning Board of Appeals Minutes | December 11, 2023 Page 3 of 6  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 pending approval by the Cortland County Planning Board, City Planning Commission and NYS DOT. Motioned by: Board Member Barnes Seconded by: Board Member Davis Approved: Ayes – 4 [Barnes, Davis, Larson, Parker] Nays – 0 Record of Decision 2023.11.13 - 05 Area Variance Application for 30-32 Chestnut St. A public hearing was open at 6:39 p.m. The applicant, Quinton Wooldridge, was present to explain the application and answer questions. Mr. Wooldridge seeks a variance for side yard setback and 4 foot vegetative strip. The public hearing was closed at 6:43 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: Yes 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 – 5 [Barnes, Davis, Larson, Parker] Nays – 0 Record of Decision 2023.11.13 - 06 Area Variance Application for 39 Prospect Terrace Zoning Board of Appeals Minutes | December 11, 2023 Page 4 of 6 A public hearing was open at 6:47 p.m. The applicant, Lorraine Karpowich, seeks a variance for a vegetative barrier exceeding 4 ft. in front yard of a corner lot. There being no one present to speak, the public hearing was closed at 6:51 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 Larson Seconded by: Board Member Parker Approved: Ayes – 4 [Barnes, Davis, Larson, Parker] Nays – 0 ESTABLISH 2024 MEETING SCHEDULE A motion was adopted to schedule 2024 ZBA meetings on the 4th Monday of each month at 5:30 p.m. and to align the application submission deadline with that of the Cortland County Planning Board. Motioned by: Board Member Barnes Seconded by: Board Member Parker Approved: Ayes – 4 [Barnes, Davis, Larson, Parker] Nays – 0 APPROVAL OF THE MINUTES A motion was made and approved to accept the minutes of the November 13, 2023 ZBA meeting with a change. Motioned by: Board Member Larson Seconded by: Board Member Parker Approved: Ayes – 5 [Barnes, Davis, Larson, Parker, Ray] Nays – 0 Zoning Board of Appeals Minutes | December 11, 2023 Page 5 of 6  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 DECEMBER 11, 2023. _____________________________ ANDREW T. JEWETT, CITY CLERK Zoning Board of Appeals Minutes | December 11, 2023 Page 6 of 6