Zoning Board of Appeals

CITY OF CORTLAND ZONING BOARD OF APPEALS FEBRUARY 26, 2024 MEETING MINUTES MAYOR RECORD OF DECISIONS SCOTT STEVE __________________ RECORD NO. 2024. 02.26 - 01 ADDRESS: 57 & 59 Greenbush St. APPLICATION: Area Variance APPLICANT: Thomas Scheffler ZONING BOARD OF APPEALS DECISION: Area Variances for 57 and 59 Greenbush St. approved as BRETT BARNES, CHAIR submitted. The variance for 57 Greenbush St. is approved KYLE DAVIS with the condition that the lot consolidation be approved by THOMAS LARSON the City Planning Commission. RAY PARKER THEODORE PHILLIPS RECORD NO. 2024. 02.26 - 02 ADDRESS: 92 Pendleton St. __________________ APPLICATION: Use Variance APPLICANT: Alan Wilkins CITY CLERK DECISION: Approved. ANDY JEWETT 607-758-8331 cityclerk@cortland.org See following pages for meeting minutes __________________ ZONING & CODE ENFORCEMENT OFFICER CAPTAIN ROY EVERETT 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 FEBRUARY 26, 2024 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 5:30 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: Teddy Phillips VARIANCE APPLICATIONS Record of Decision 2024.02.26 - 01 Area Variance Application for 57 and 59 Greenbush St. A public hearing on the area variance for 59 Greenbush St. was opened at 5:31 p.m. The applicant, Thomas Scheffler, owner of property, seeks to purchase a portion of his neighbor’s property located at 57 Greenbush St. The proposed annexation would expand upon a non-conforming use of 59 Greenbush St. due to the lack of a vegetative strip, minimum lot width and minimum setbacks. If the area variance is approved, Mr. Scheffler will seek lot consolidation approval by the City Planning Commission. There being no one wishing to be heard on the matter, the public hearing was closed at 5:36 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 | February 26, 2024 Page 1 of 3 A public hearing on the area variance for 57 Greenbush St. was opened at 5:49 p.m. Approval of an area variance for 57 Greenbush St., the property to be annexed, would be conditional based on approval of the lot consolidation. The area variance has been approved by the County Planning Board. There being no one wishing to be heard on the matter, the public hearing was closed at 5:50 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: 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 for 57 and 59 Greenbush St. as submitted. Motioned by: Board Member Davis Seconded by: Board Member Larson Approved: Ayes – 4 [Barnes, Davis, Larson, Parker] Nays – 0 Record of Decision 2024.02.26 - 02 Use Variance Application for 92 Pendleton St. A public hearing was opened at 5:55 p.m. The applicant, Alan Wilkinson, seeks a use variance to convert a single- family dwelling to a two-family dwelling in an R-1 zoning district. The applicant was present to answer questions. The city Corporation Counsel, A.J. Meldrim indicated that there are no stipulations in the deed that establish conditions or dependencies relating to city zoning. Mr. Meldrim reviewed precedence to change a single-family dwelling to a two-family dwelling such as that authorized by Common Council Resolution No. 51 of 2022. The city Zoning and Code Enforcement Officer inspected the home for compliance with city administrative code and viability as a two-family dwelling. It was noted that the dwelling is being used as a two-family residence and appears to have been used as such prior to its purchase by Mr. Wilkinson. The public hearing was closed at 6:28 p.m. The Zoning Board of Appeals considered and discussed whether the applicant has demonstrated that applicable zoning regulations and restrictions have caused unnecessary hardship. Pursuant to City Code, Article XV Section 300-151, the factors below were discussed and answered as follows: Zoning Board of Appeals Minutes | February 26, 2024 Page 2 of 3  1. Whether the applicant cannot realize a reasonable return as shown by competent financial evidence? The lack of return must be substantial. Answer: Yes 2. Whether the alleged hardship relating to the property is unique? Answer: Yes 3. Whether the requested variance, if granted, will not alter the essential character of the neighborhood? Answer: No 4. Whether the alleged hardship has not been self-created? Answer: No Decision: A motion was adopted to approve the Use Variance application with the conditions that Motioned by: Board Member Barnes Seconded by: Board Member Davis Approved: Ayes – 5 [Barnes, Davis, Larson, Parker] Nays – 0 APPROVAL OF THE MINUTES A motion was made and approved to accept the minutes of the January 22, 2024 ZBA meeting. Motioned by: Board Member Larson Seconded by: Board Member Ray Approved: Ayes – 4 [Barnes, Davis, Larson, Parker] Nays – 0 ADJOURNMENT The meeting was adjourned at 6:33 p.m. on motion of Mr. Larson. 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 FEBRUARY 26, 2024. _____________________________ ANDREW T. JEWETT, CITY CLERK Zoning Board of Appeals Minutes | February 26, 2024 Page 3 of 3