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HomeMy WebLinkAboutB - 02 ZBA Minutes 4/25/2023Page 1 of 3 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 25 April 2023 – 5:15 PM Town Hall Court Room – 3577 Terrace Road – Cortland, NY Board Members (*absent) Others Present John Finn, Chairman Bruce Weber, Planning/Zoning Officer *Thomas Bilodeau Abigail C. Albro, Board Secretary Joanne Aloi John DelVecchio, Town Attorney Bernice Potter-Masler Carlos Karam Applicants & Public Present Robert Geiger, Applicant and Joseph Cavender, QPK Design. The Public Hearing was opened at 5:15 p.m. by Chairman John Finn. It is noted that the Legal Notice was published in the Cortland Standard on 13 April 2023 as follows: NOTICE IS HEREBY GIVEN that a Public Hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Tuesday, April 25, 2023, at 5:15 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York, to consider the following applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Cortland Chrysler Dodge Jeep, 3878 Route 281 tax map #86.17-01-08.210, for an Area Variance per 178-2.4A (1), to allow for greater lot coverage than allowed. The above applications are on our website at www.cortlandville.org or at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, call (607)756-7052 or (607)423-7490. Persons wishing to appear at such hearings may do so in person, by Attorney, or other representatives. Communications in writing in relation thereof may be filed with the Board or at such hearing. DATED: April 10, 2023 John Finn, Chairman Zoning Board of Appeals Town of Cortlandville Raymond G. Thorpe Municipal Building 3577 Terrace Road Cortland, New York 13045 (Note: Proof of Publication has been placed on file for the record.) PUBLIC HEARING #1 ROBERT GEIGER, APPLICANT/8961 ROUTE 11 PROPERTIES LLC, REPUTED OWNER (CORTLAND CHRYSLER DODGE JEEP RAM) - 3878 NYS ROUTE 281 - TM #86.17-01-08.210 – Area Variance to Allow for Greater Lot Coverage Than Allowed Chairman Finn recognized Joseph Cavender from QPK Design representing 8961 Route 11 Properties, LLC who was seeking an Area Variance to construct a new auto sales and car repair facility, as shown on the drawing accompanying the application, but to allow for greater lot coverage than allowed. The proposed auto sales and car repair facility would make the lot Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 25 April 2023 Page 2 of 3 coverage 72-73%, where the maximum allowed is 50%. There was much discussion with the Board, Mr. Cavender, and the applicant regarding the greater than allowed lot coverage. Mr. Cavender explained, the applicant had to build new due the original building being a total loss due to a fire and when dealing with auto dealerships/sales it is necessary to meet corporate requirements, to meet these requirements, the lot coverage would have to be greater than allowed. The Board discussed many scenarios to decrease the lot coverage including smaller or fewer parking spaces, using a different location for the overflow of vehicles, and purchasing the lot next door. Mr. Cavender explained that these options would cause too much of a financial burden for the applicant. At the conclusion of the Board’s discussion, Chairman Finn asked if there was anyone present who wished to speak regarding this variance request; there was no one. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 5:47 p.m. DISCUSSION/DECISION At the request of Chairman Finn, Member Joanne Aloi proceeded with the required questions (balancing test) for an Area Variance; the responses given by the ZBA members, were as follows: 1. Whether an undesirable change would be produced in neighborhood character or detriment to nearby properties? Finding: Yes – Members Aloi & Potter-Masler. No – Chair Finn & Member Karam. 2. Can the benefits sought by applicant be achieved by other means feasible to the applicant? Finding: Yes. All Board Members present agreed. 3. Is the requested variance substantial? Finding: Yes. All Board Members present agreed . 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? Finding: Yes. All Board Members present agreed. 5. Has the alleged difficulty been self-created? Finding: No. All Board Members present agreed. A motion was then made by Member Karam to grant the Area Variance to allow for greater lot coverage than allowed, no greater than 70%. The motion was seconded by Member Potter-Masler, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Aloi Member Karam Absent: Member Bilodeau Member Potter-Masler Motion carried. This becomes Action #4 of 2023. Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 25 April 2023 Page 3 of 3 ADJOURNMENT At 6:27 p.m., on a motion by Member Karam, seconded by Member Aloi, and with everyone present voting in the affirmative, the meeting was adjourned. Abigail C. Albro, Board Secretary Draft emailed to KRP, AR, Bd. Members, JD, BW, County Planning, DC & KM on 5/4/23. Approved 5/4/23.