AGENDA ZONING BOARD OF APPEALS MEETING Monday, April 16, 2018 500 Nasser Civic Center Plaza Second Floor Central Conference Room 5:00 PM 1. Call to Order and Attendance 2. Public Comments Agenda Items Only 3. Review Minutes of January 15, 2018 4. Old Business 5. New Business 79 W. First Street, Arbor Housing and Development, front porch setback variance 188 E. First Street, Corning Orthodontics, entry and driveway width variances. 254 E. First Street, Southern Tier Pediatrics, signage variances 6. Public Comments Any Item 7. Adjourn Meeting Next Regular Meeting Date: Monday, May 21, 2018 at 5 p.m.
Minutes of the Zoning Board of Appeals Meeting January 15, 2018 Present: Also Present: Anthony Agosta, Alternate Member John Brown, Member Sam Koseba, Member Ken Leath, Member Mary-Ann Morehouse, Member David Moses, Chairman Steve Dennis, Director of Planning & Economic Development Deb Thurston, Confidential Secretary to the Planner Visitors: Todd Adams, AIM Independent Living Ted Dates, AIM Independent Living Joe Dubendorfer, Chairman, City Planning Commission Rene Snyder, AIM Independent Living Jerry Watkins, Riedman Companies Chairman Moses called the roll. A quorum of regular members was present with no alternate member seated. The Chairman called the meeting to order at 5:15 p.m. Public Comments: None The Board considered the minutes of December 18, 2017. To approve minutes of the December 18, 2017 meeting. CARRIED Old Business: Chairman Moses requested a change in the Agenda to review a previous application from Jerry Watkins of Riedman Companies for the Corning Hospital Phase 2A and 3A Site Redevelopment Project. As a result of the Planning Commission meeting of January 9, 2018, there is a request for an amendment to a previously approved variance. 176 Denison Parkway East, Corning Hospital, Variance amendment Jerry Watkins of Riedman Companies reviewed the request. The original Site Plan included a portion of Cluthra Lane which is City property. The conveyance of the property to Riedman Acquisitions LLC has not yet been completed. A Variance correction is needed to proceed with
the project. The Variance in question is Article V, 240-27(A), and the Density Control Schedule, which requires: A minimum lot size of 10,000 square feet per dwelling unit is required in an RT Zone for Lot #1. The Applicant requests a Variance to permit a lot size for Lot #1 of 144,395 square feet, formerly requested at 146,920 square feet for 96 dwelling units taking into account the 2,525 square foot portion of Cluthra Lane. The Board reviewed the criteria and agreed there is no change to the previous determination. The Board also agreed this change will not impact the public comments made at the previous Public Hearing. Steve Dennis recommended the amendment did not require a separate application. The Board agreed by consensus that the requested Variance was not of sufficient magnitude or impact on the previously granted Variances to require a separate application. To grant the amendment to Article V, 240-27(A), and the Density Control Schedule, which requires: A minimum lot size of 10,000 square feet per dwelling unit is required in an RT Zone for Lot #1 to permit a lot size for Lot #1 of 144,395 square feet, formerly requested at 146,920 square feet for 96 dwelling units. CARRIED New Business: 261 E. First St., AIM Independent Living Todd Adams of AIM Independent Living presented the application including a letter to the Zoning Board of Appeals dated December 28, 2017. The letter outlined the specific Variances requested. The Board discussed the application in detail. Joe Dubendorfer, Chairman of the Planning Commission spoke to the Board on behalf of the Planning Commission. The Planning Commission passed a motion at their meeting on January 9, 2018 to make a recommendation to the Zoning Board of Appeals to look favorably upon the Application for Variances at 261 E. First Street. The Chairman opened the public hearing regarding the Application for Multiple Variances at 261 E. First St. at 5:30 p.m. There were no public comments The Chairman closed the public hearing at 5:31 p.m.
Regarding a Variance for property located at 261 E. First St, of Article XI, 240-77 (B)(8), Which requires: For Offices: general, retail, professional: one space for each 300 square feet of gross floor area over 1,000 square feet. The Board considered the Variance Criteria: 1a. Will an undesirable change be produced in the character of the neighborhood? No 1b. Will a detriment to nearby properties be created by granting this Variance? No 2. Can the benefit the applicant is seeking be achieved by some method, feasible other than a Variance? No 3. Is the requested Variance substantial? No 4. Will the proposed Variance have an adverse effect or impact on the neighborhood or district? No 5. Was the hardship or difficulty self-created? Yes By Koseba Seconded by Brown To approve a Variance of 5 parking spaces to allow no off-street parking. CARRIED Regarding several Setback Variances for property located at 261 E. First St. regarding Article IV, 240-15 (C), And the Density Control Schedule Which requires: a 10 foot side yard setback in an RT Zone. The Board considered the Area Variance Criteria and determined it to be the same as previous. To approve a Variance of 8.4 feet, to permit a 1.6 foot side yard setback on the west side to the existing structure. To approve a Variance of 6.7 feet, to permit a 3.3 foot side yard setback on the east side to the existing structure. To approve a Variance of 8 feet, to permit at 17 foot setback to proposed ADA ramp. CARRIED
Regarding a Variance for property located at 261 E. First St, of Article XI, 240-15 (C), And the Density Control Schedule Which requires: Maximum of 40% lot coverage in an RT District. The Board considered the Area Variance Criteria and determined it to be the same as previous. To approve a Variance of approximately 8% increase in maximum lot coverage. CARRIED 46-48 W. Market Street, Awning letter height Variance Chairman Moses and Commissioner Morehouse recused themselves from consideration of this application. Seconded by Leath To elect Sam Koseba as Meeting Chairman. Roll Call: Brown, Koseba, Leath - Aye CARRIED Recused: Morehouse, Moses Mary-Ann Morehouse presented the application. The Board discussed the application in detail. The Meeting Chairman opened the public hearing regarding the Application for a Variance at 46-48 West Market Street at 5:44 p.m. There were no public comments The Meeting Chairman closed the public hearing at 5:45 p.m. Regarding a Variance for property located at 46-48 W. Market St., of 180 (A), which states valance lettering not to exceed 2/3 of the length of the canopy or 6 inches in height. Seconded by Leath To approve a Variance of 2 inches to allow for a letter height of 8 inches. Roll Call: Brown, Koseba, Leath - Aye CARRIED Recused: Morehouse, Moses
This property must submit an application to the Design Review Committee in order to obtain a permit. 71 W. Denison Parkway Mary-Ann Morehouse presented the application. The Board discussed the application in detail. The Meeting Chairman opened the public hearing regarding the Application for a Variance at 71 West Denison Parkway at 5:46 p.m. There were no public comments The Meeting Chairman closed the public hearing at 5:47 p.m. Regarding a Variance for property located at 71 W. Denison Parkway, of 180 (A), which states valance lettering not to exceed 2/3 of the length of the canopy or 6 inches in height. Seconded by Leath To approve a Variance of 2 inches to allow for a letter height of 8 inches. Roll Call: Brown, Koseba, Leath - Aye CARRIED Recused: Morehouse, Moses This property must submit an application to the Design Review Committee in order to obtain a permit. PUBLIC COMMENTS: None Commissioner Training for 2018 was discussed. Meeting adjourned at 5:57 p.m. The next regular meeting will be Monday, February 20, 2018 at 5:00 p.m.