Zoning Board of Appeals

CITY OF CORTLAND ZONING BOARD OF APPEALS MARCH 25, 2024 MEETING MINUTES MAYOR RECORD OF DECISIONS SCOTT STEVE __________________ RECORD NO. 2024. 03.25 - 01 ADDRESS: 30 South Ave. APPLICATION: Use Variance APPLICANT: Peter Bennedy ZONING BOARD OF APPEALS DECISION: Approved with the condition that the owner must correct BRETT BARNES, CHAIR the non-conformities identified in the March 4, 2024 County KYLE DAVIS Planning Board letter by September 30, 2024. THOMAS LARSON RAY PARKER THEODORE PHILLIPS RECORD NO. 2024. 03.25 - 02 ADDRESS: 30 South Ave. __________________ APPLICATION: Area Variance APPLICANT: Peter Bennedy DECISION: Approved with the condition that the owner must correct CITY CLERK the non-conformities identified in the March 4, 2024 ANDY JEWETT County Planning Board letter by September 30, 2024. 607-758-8331 cityclerk@cortland.org __________________ RECORD NO. 2024. 03.25 - 03 ADDRESS: 34 South Ave. APPLICATION: Area Variance APPLICANT: Peter Bennedy ZONING & CODE ENFORCEMENT OFFICER DECISION: Approved - Area variances listed in the application as well as CAPTAIN ROY EVERETT an area variance for city ordinance § 11-155 relating to 607-753-1741 parking in the front yard, with the condition that the owner reverett@cortland.org must correct the non-conformities identified in the March 4, __________________ 2024 County Planning Board letter by September 30, 2024. CORPORATION COUNSEL RECORD NO. 2024. 03.25 - 04 ADDRESS: 19 Floral Ave. A.J. MELDRIM __________________ APPLICATION: Area Variance APPLICANT: Michelle Morris DECISION: Approved DIRECTOR OF ADMINISTRATION & FINANCE LISA HENTY RECORD NO. 2024. 03.25 - 05 ADDRESS: 19 Floral Ave. APPLICATION: Flood Plain Permit APPLICANT: Michelle Morris 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 MARCH 25, 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 by the board’s vice chairman Tom Larson 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: Thomas Larson Ray Parker Teddy Phillips The following member was absent: Brett Barnes Kyle Davis VARIANCE APPLICATIONS Record of Decision 2024.03.25 - 01 Use Variance Application for 30 South Ave. A public hearing on the area variance for 30 South Ave. was opened at 5:39 p.m. The applicant, Peter Bennedy, owner of properties located at 30 South Ave. and 34 South Ave. seeks a use variance for two (2) dwellings each consisting of two (2) units on the lot located at 30 South Ave which would result from the proposed consolidation of this lot with a portion of 34 South Ave. Approval of this variance would be conditioned on lot consolidation approval by the Planning Commission. There being no one wishing to be heard on the matter, the public hearing was closed at 5:47 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: 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 The Zoning Board of Appeals considered and discussed the following use variance factors pursuant to City Code, Article XV Section 300-151. 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 | March 25, 2024 Page 1 of 5  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 use variance with the condition that the owner must correct the non-conformities identified in the March 4, 2024 County Planning Board letter by September 30, 2024. Motioned by: Board Member Parker Seconded by: Board Member Phillips Approved: Ayes – 3 [Larson, Parker, Phillips] Nays – 0 Record of Decision 2024.03.25 - 02 Area Variance Application for 30 South Ave. A public hearing on the area variance for 30 South Ave. was opened at 5:54 p.m. Mr. Bennedy seeks bulk area variances to enable two (2) dwellings each consisting of two (2) units on the lot located at 30 South Ave. The approvals referenced above would expand on a non-conforming use without the requested area variances. Approval of this application would be conditioned on lot consolidation approval. There being no one wishing to be heard on the matter, 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: 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 Zoning Board of Appeals Minutes | March 25, 2024 Page 2 of 5 Decision: A motion was adopted to approve the area variance with the condition that the owner must correct the non-conformities identified in the March 4, 2024 County Planning Board letter by September 30, 2024. Motioned by: Board Member Parker Seconded by: Board Member Phillips Approved: Ayes – 3 [Larson, Parker, Phillips] Nays – 0 Record of Decision 2024.03.25 - 03 Area Variance Application for 34 South Ave. A public hearing on the area variance for 30 South Ave. was opened at 6:01 p.m. Mr. Bennedy seeks bulk area variances to enable a lot line adjustment of property located at 34 South Ave. If this and the preceding variances are approved, the applicant will seek Planning Commission approval of a lot line adjustment. Approval of this application would be conditioned on approval of the lot line adjustment. There being no one wishing to be heard on the matter, the public hearing was closed at 6:09 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 variances listed in the application as well as an area variance for city ordinance § 11-155 relating to parking in the front yard, with the condition that the owner must correct the non-conformities identified in the March 4, 2024 County Planning Board letter by September 30, 2024. Motioned by: Board Member Parker Seconded by: Board Member Phillips Approved: Ayes – 3 [Larson, Parker, Phillips] Nays – 0 Record of Decision 2024.03.25 - 04 Area Variance Application for 19 Floral Ave. Zoning Board of Appeals Minutes | March 25, 2024 Page 3 of 5 A public hearing on the area variance for 30 South Ave. was opened at 6:15 p.m. The applicant, Michelle Morris, seeks an area variance for an above ground pool which was installed by a previous owner. There being no one wishing to be heard on the matter, the public hearing was closed at 6:17 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 as submitted. Motioned by: Board Member Parker Seconded by: Board Member Phillips Approved: Ayes – 3 [Larson, Parker, Phillips] Nays – 0 Record of Decision 2024.03.25 - 05 Flood Plain Permit Application for 19 Floral Ave. A public hearing on the area variance for 30 South Ave. was opened at 6:18 p.m. The applicant, Michelle Morris, seeks a flood plain development permit for an above ground pool which was installed by a previous owner. There being no one wishing to be heard on the matter, the public hearing was closed at 6:21 p.m. Decision: A motion was adopted to approve the flood plain permit as submitted. Motioned by: Board Member Parker Seconded by: Board Member Phillips Approved: Ayes – 3 [Larson, Parker, Phillips] Nays – 0 APPROVAL OF THE MINUTES A motion was made and approved to accept the minutes of the February 26, 2024 ZBA meeting. Motioned by: Board Member Parker Seconded by: Board Member Phillips Zoning Board of Appeals Minutes | March 25, 2024 Page 4 of 5  Approved: Ayes – 3 [Larson, Parker, Phillips] Nays – 0 ADJOURNMENT The meeting was adjourned at 6:25 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 MARCH 25, 2024. _____________________________ ANDREW T. JEWETT, CITY CLERK Zoning Board of Appeals Minutes | March 25, 2024 Page 5 of 5