Zoning Board of Appeals

CITY OF CORTLAND ZONING BOARD OF APPEALS JUNE 24, 2024 MEETING MINUTES MAYOR RECORD OF DECISIONS SCOTT STEVE __________________ RECORD NO. 2024.06.24 - 01 ADDRESS 55 Tompkins St. ZONING BOARD OF APPEALS MEMBERS APPLICATION Area Variances APPLICANT Paul Armideo BRETT BARNES, CHAIR DECISION A motion was adopted to approve area variances for all pre-existing KYLE DAVIS nonconformities, with the conditions that the parking lot be fully paved THOMAS LARSON and lined within two (2) years. RAY PARKER THEODORE PHILLIPS RECORD NO. 2024.06.24 - 02 ADDRESS 5 Faywood Ave. __________________ APPLICATION Area Variance; Flood Plain APPLICANT Anatoli Merzhyyevska Variance; Flood Plain ZONING & CODE Development Permit ENFORCEMENT OFFICER CAPTAIN ROY EVERETT DECISION Approved 607-753-1741 reverett@cortland.org RECORD NO. 2024.06.24 - 03 ADDRESS 58 River St. __________________ APPLICATION Area Variance APPLICANT Lois Pierce DECISION Approved CITY CLERK ANDY JEWETT RECORD NO. 2024.06.24 - 04 ADDRESS 1 Cowance St. 607-758-8331 cityclerk@cortland.org APPLICATION Area Variance APPLICANT Betty Bartolone __________________ DECISION Approved with the condition that the driveway not exceed eight (8) feet in width and not extend past the deck. CORPORATION COUNSEL RECORD NO. 2024.06.24 - 05 ADDRESS 23 Floral Ave. A.J. MELDRIM APPLICATION Area Variance APPLICANT Andrew Jewett DECISION Approved with the condition that a dry well be installed as per the recommendation of the County Planning Board. RECORD NO. 2024.06.24 - 06 ADDRESS 61 Floral Ave. APPLICATION Area Variance APPLICANT Barbara Klockowski DECISION Approved  CITY OF CORTLAND ZONING BOARD OF APPEALS JUNE 24, 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 5:34 p.m. in City Hall, 25 Court St. Cortland NY. The following ZBA members were recorded present: Brett Barnes Kyle Davis Thomas Larson The following board member was recorded absent: Ray Parker Teddy Phillips VARIANCE APPLICATIONS Record of Decision 2024.06.24 - 01 Area Variance | 55 Tompkins St. A public hearing on the appeal was opened at 5:35 p.m. Paul Armideo seeks a variance for pre-existing nonconformities for the purpose of creating additional bedrooms in the basement with no increase of density. Fran Casullo, attorney for the applicant was present to explain the application and answer questions. There being no one other than the applicant wishing to be heard on the matter, the public hearing was closed at 5:41 p.m. 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 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 area variances for all pre-existing nonconformities, with the conditions that the parking lot be fully paved and lined within two (2) years. Motioned by: Board Member Barnes Seconded by: Board Member Larson Zoning Board of Appeals Minutes | June 24, 2024 Page 1 of 5  Approved: Ayes – 3 [Barnes, Davis, Larson] Nays – 0 Record of Decision 2024.06.24 - 02 Bulk Area Variance | 13 Kent Rd. A public hearing on the appeal was opened at 5:49 p.m. Bonita Underwood seeks an area variance for pre- existing nonconformities (lot size and setback) for the purpose of constructing a picket fence more than 6 feet in height in the front yard. The applicant was not present. There being no one wishing to be heard on the matter, the public hearing was closed at 6:01 p.m. 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 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 area variances for all pre-existing nonconformities. Motioned by: Board Member Larson Seconded by: Board Member Barnes Approved: Ayes – 3 [Barnes, Davis, Larson] Nays – 0 Record of Decision 2024.06.24 - 03 Bulk Area Variance | 53 W. Main St. A public hearing on the appeal was opened at 6:03 p.m. Travis Carrithers seeks a bulk variance for pre-existing nonconformities for the purpose of enlargement of a deck. The applicant was not present. There being no one wishing to be heard on the matter, the public hearing was closed at 6:07 p.m. 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. 6. 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 7. 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 Zoning Board of Appeals Minutes | June 24, 2024 Page 2 of 5  8. Whether the requested area variance is substantial? Answer: No 9. Whether the proposed variance will have an adverse effect or impact on the physical environmental conditions in the neighborhood or district? Answer: No 10. 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 area variances for all pre-existing nonconformities. Motioned by: Board Member Barnes Seconded by: Board Member Larson Approved: Ayes – 3 [Barnes, Davis, Larson] Nays – 0 Record of Decision 2024.06.24 - 04 Bulk Area Variance | 42 E. Court St. A public hearing on the appeal was opened at 6:09 p.m. Ken Petrie seeks a bulk variance for pre-existing nonconformities for the purpose of extending front stairs. The applicant was not present. There being no one wishing to be heard on the matter, the public hearing was closed at 6:13 p.m. 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 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 area variances for all pre-existing nonconformities. Motioned by: Board Member Larson Seconded by: Board Member Barnes Approved: Ayes – 3 [Barnes, Davis, Larson] Nays – 0 Record of Decision 2024.06.24 - 05 Bulk Area Variance | 15 Owego St. Zoning Board of Appeals Minutes | June 24, 2024 Page 3 of 5 A public hearing on the appeal was opened at 6:15 p.m. Delvecchio Family LLC seeks a bulk variance for pre- existing nonconformities for the purpose of extending the porch by 3 feet towards the sidewalk. The applicant was not present. There being no one wishing to be heard on the matter, the public hearing was closed at 6:32 p.m. 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 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 variances for all pre-existing nonconformities with the condition that the owner pave and line the driveway and parking area within two (2) years. Motioned by: Board Member Larson Seconded by: Board Member Davis Approved: Ayes – 3 [Barnes, Davis, Larson] Nays – 0 Record of Decision 2024.06.24 - 06 Bulk Area Variance | 21 Pendleton St. A public hearing on the area variance was opened at 6:38 p.m. Leonard Laroque seeks a bulk variance for pre- existing nonconformities for the purpose of extending parking area into the front yard. The applicant was not present. There being no one wishing to be heard on the matter, the public hearing was closed at 6:45 p.m. 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 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: Yes 3. Whether the requested area variance is substantial? Answer: Yes Zoning Board of Appeals Minutes | June 24, 2024 Page 4 of 5  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 deny the area variance. Motioned by: Board Member Barnes Seconded by: Board Member Larson Approved: Ayes – 3 [Barnes, Davis, Larson] Nays – 0 ADJOURNMENT The meeting was adjourned at 6:55 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 JUNE 24, 2024. _____________________________ ANDREW T. JEWETT, CITY CLERK Zoning Board of Appeals Minutes | June 24, 2024 Page 5 of 5