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HomeMy WebLinkAbout2023-12-26 ZBA Minutes FinalPage 1 of 3 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 26 December 2023 – 5:30 PM Town Hall Meeting 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 Jodi Haughwout, representing the Applicant Lucile Rathbun; Breyden Bigler, Katherine Griffith, David Gross, & Leon Stewart. LEGAL NOTICE TOWN OF CORTLANDVILLE NOTICE IS HEREBY GIVEN that a Public Hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Tuesday, December 26, 2023, at 5:30 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, to consider the following application pursuant to the 1986 Zoning Law: 1. In the matter of the application of Lou Rathbun, 3609 Munson Ave., tax map #96.09-02-29.000, for an Area Variance per Section 178- 23A(1), to allow for a home occupation in a structure closer to side and rear property line than allowed, a new structure closer to side property line than allowed, and parking in a front yard. The above applications are on our website at www.cortlandville.org, at the office of Bruce A. Weber, Planning & Zoning Officer, or call (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: December 13, 2023 John Finn, Chairman Zoning Board of Appeals Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 26 December 2023 Page 2 of 3 PUBLIC HEARING #1 LUCILLE (LOU) RATHBUN, APPLICANT/GSMPS MORTGAGE LOAN, OWNER – 3609 MUNSON AVE. – TM #96.09-02-29.000 – Area Variance to allow for a home occupation in a structure closer to side and rear property line than allowed, a new structure closer to side property than allowed, and parking in a front yard Chairman Finn recognized Jodi Haughwout, who was representing the applicant Lucille Rathbun, who was seeking an Area Variance to allow for a home occupation in a structure closer to side and rear property line than allowed, a new structure closer to side property than allowed, and parking in a front yard. Ms. Rathbun, via telephone explained to the Board that she would like to purchase this property to live in and run her CPA business out of. Ms. Rathbun stated that she would need to add a handicap accessible ramp to the front entrance of the house and parking for her customers in the front yard. PZO Weber explained that the Board would be acting on multiple things including the change in occupancy from a simple residence to a home occupation (which requires that the building meets setbacks), the handicap ramp that would be too close to the property line, and the parking proposed for the front yard (which is supposed to be left open and unobstructed). The Board, Ms. Rathbun, and PZO Weber discussed the front yard; the existing pool in the front yard; the proposed parking lot ; and the number of parking spaces. Ms. Rathbun stated that there are other businesses in the area. The Board, Ms. Rathbun, and PZO Weber discussed the map provided by the applicant, it was decided that the map did not have accurate measurements and that it would be hard to make a decision without a proper description of the property and the proposed project. Ms. Rathbun asked the Board to consider her hardship regarding finding a place to live and run her business, stating that this is her fifth purchase offer on a property. 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 were, as follows: David Gross – McLean Rd. Neighbor – Mr. Gross spoke in opposition of the requested Area Variance. Mr. Gross stated that the parking in the front yard would be unsightly and that he did not agree with running a business in a residential area. Mr. Gross also stated that the application states the business could be open until 1 a.m., which is not acceptable in a residential area. Mr. Gross was not in favor of granting the requested Area Variance. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 5:49 p.m. DISCUSSION/DECISION At the request of Chairman Finn, Member Potter-Masler 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. All Board Members present agreed. 2. Can the benefits sought by applicant be achieved by other means feasible to the applicant? Finding: Could not answer due to lack of information (Map was not to scale). All Board Members present agreed. 3. Is the requested variance substantial? Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 26 December 2023 Page 3 of 3 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: Yes. All Board Members present agreed. A motion was then made by Member Potter-Masler to deny the Area Variance to allow for a home occupation in a structure closer to side and rear property line than allowed, a new structure closer to side property than allowed, and parking in a front yard. The motion was seconded by Member Karam, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Karam Absent: Member Aloi Member Potter-Masler Member Bilodeau Motion carried. This becomes Action #17 of 2023. APPROVAL OF MINUTES A motion was made by Member Karam to approve the ZBA Minutes of 28 November 2023, as submitted. The motion was seconded by Member Potter-Masler, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Karam Absent: Member Aloi Member Potter-Masler Member Bilodeau Motion carried. This becomes Action #18 of 2023. ADJOURNMENT At 6:01 p.m., on a motion by Member Karam, seconded by Member Potter-Masler, 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 01/12/24. Approved 03/26/24.