City of Cortland Planning, Zoning & Building Commission met on Monday, May 11, 2009 at 6:45 P.M., at the City Administration Building, 400 N. High Street. Members present: Chairman Scott Daffron, Bill Sasse, Scott Rowley, Jim Chubb, and Charlie Peck, Vice-Chairman. Also present were Mayor Curt Moll, Law Director Patrick Wilson, Service Director Don Wittman and the following individuals:

 

††††††††††††† Salvatore Coletti†††††††† 332 Deer Creek Tr

††††††††††††† John Taktikos††††††††††† 351 Orchard Ln

††††††††††††† Terry Moore†††††††††††† 356 N High

††††††††††††

Scott Daffron:Today is Monday, May 11th, 2009.Iíd like to call to order the Cortland Planning, Zoning & Building Commission for the purpose of public hearing 06-09. Variance of sign ordinance Ė Salís Italian Grille Ė 168 N Mecca Ė John Taktikos & Sal Coletti Ė Variance is for the number of wall signs.

ROLL CALL:Bill Sasse, here; Scott Rowley, here; Scott Daffron, here; Charles Peck, here, Jim Chubb, here.

 

Scott Daffron:And who do we have to speak on behalf of this variance tonight?Just state your name.

 

Salvatore Coletti:Salvatore Coletti.

 

Scott Daffron:I guess just give us a little bit of, is everybody familiar with the signs under consideration?If we are, do you have any questions?

 

Bill Sasse: John do you use that main sign basically for, broadcast community events and things like that donít you?

 

John Taktikos: Yeah.

 

Sal Coletti: The main sign we use it for a lot for public service.We have those banners for, to show specials.Thatís what the main thing, the purpose is.We put it on the wood because itís a banner and if you put it on the rope within 5 hours itís ripped and these are like $270 to make those banners.That was a way to save the banner.

 

Charles Peck: Whatís the life expectancy of those banners?

 

Sal Coletti: Well theyíre going to be changed.You know, once we change the specials itís going to come down and weíll put a different one up.

 

Scott Daffron: One thing that I want everybody to keep in their head, and I asked Don this question too, do we consider this a banner or a sign?Because they are defined differently in the ordinance.

 

Mayor Moll:Once he mounts it on the board itís a sign.

 

Scott Daffron: Thatís almost how we have to look at it.

 

Bill Sasse:As a sign.

 

Scott Daffron: If we call it a banner, it becomes temporary.

 

Sal Coletti: But it is a banner though.

 

Scott Daffron:But a banner, by definition in our ordinance, is temporary.Meaning it can only be displayed for a limited amount of time.

 

Mayor Moll: So if we call it a sign, then itís unlimited.

 

Scott Daffron: Do you understand?Itís just the definition.

 

Sal Coletti: Yeah.

 

Charles Peck:And even though we change the content on that sign, you know, thatís still a sign right?Itís not a banner?Even though we put another banner up on that permanently, is that correct?

 

James Chubb: I donít think itís any different than when the gas stations change their prices and things like this, itís a sign. Is that correct?


Don Wittman:I think thatís how you would need to interpret it.Even though it is made of a banner like material since you have the wood mounting fascia it becomes a sign.The content is able to be changed through the changing of the specials, the changing of the pricing.Itís more for as people are walking into the restaurant; get them thinking about what they want.

 

Scott Daffron: Simply the purpose of these signs is to advertise specials.

 

Sal Coletti:Itís for the traffic that goes by both ways, to catch peopleís eyes.

 

Scott Daffron: But your purpose of them would be to advertise your specials.

 

Sal Coletti: Advertise specials, yeah.

 

Scott Daffron:Okay.Because I think that needs said.And thatís so we have a purpose for them so they canít be, like we want to advertise for your specials on your business.You know what Iím saying?

 

Sal Coletti: Yeah.

 

Scott Daffron: Just like youíre using them.Thatís what weíre looking for.

 

Sal Coletti:Yeah.

 

John Taktikos:Yeah, it shows the different price.

 

Scott Daffron:Is there anybody else in audience that would like to speak for this variance?Is there anybody that would like to speak against?Seeing none can I have a motion to close public hearing 06-09?

 

Charles Peck made a motion to close public hearing 03-09, seconded by Scott Rowley. ROLL CALL:Scott Daffron, yes; Charles Peck, yes; Scott Rowley, yes; Jim Chubb, yes; Bill Sasse, yes; MOTION APPROVED.

 

REGULAR MEETING

 

Scott Daffron: Today is Monday, May 11th, 2009.Iíd like to call to order the Cortland Planning, Zoning & Building Commission.Dee, can we have roll?

 

ROLL CALL:Jim Chubb, here; Scott Rowley, here; Bill Sasse, here; Scott Daffron, here; Charles Peck, here.

 

Scott Daffron:Could I have a motion for approval of commission minutes for April 13th, 2009?

 

Bill Sasse made motion to approve minutes, seconded by Scott Rowley.ROLL CALL:Scott Daffron, yes; Jim Chubb, yes; Scott Rowley, yes; Charles Peck, yes; Bill Sasse, yes.MOTION APPROVED.

 

Scott Daffron:With no old business on our agenda tonight weíll move onto new business.Can I have a motion for approval of 06-09 Ė variance of sign ordinance Ė Salís Italian Grille Ė 168 N Mecca Ė John Taktikos & Sal Coletti Ė Further discussion and vote?

 

Bill Sasse made a motion for approval of 06-09, seconded by James Chubb.

 

Scott Daffron:Is there anything else that anybody would like to add at this point?Are there any other questions?I would like to note for the record that the discussion was based on that the signs be used for advertising specials strictly for Salís Italian Grille as stated on the application.Seeing no discussion, Dee can we have a vote on 06-09?

 

ROLL CALL: Scott Rowley, yes; Bill Sasse, yes; Jim Chubb, yes; Scott Daffron, yes; Charles Peck, yes.MOTION APPROVED.

 

Scott Daffron: I just made that stipulation because you do have the ability to change it, you know what I mean?

 

Sal Coletti:Yeah.

 

Scott Daffron: That approves your sign.

 

Sal Coletti:Thank you.

 

Scott Daffron:Next on our agenda tonight, could I have a motion for approval of 07-09 Ė New business Ė Terry Mooreís Relaxation Center Ė 172 N High Ė Terry Moore Ė Wellness, Health & Fitness Center with some retail Ė open by appointment Ė 1 employee Ė 12 parking spaces?

 

Charles Peck made a motion for approval of 06-09, seconded by James Chubb.

 

Scott Daffron:Who do we have here to represent this tonight?

 

Terry Moore:Iím Terry Moore.

 

Scott Daffron:And if you would just give us a little bit of an overview of your business.

 

Terry Moore: Itís going to have semi-private to three people Tai Chi classes, so very low volume there.Massage therapy again by appointment and different health and wellness programs, maybe blood pressure screenings for the community, maybe fall programs for the elderly in the community.So different things to benefit not only the relaxation but the wellness.And the retail will be a little bit of the left over of the scuba that I inherited when my husband passed away and any other products that go along with health and wellness that I would like to do in there.

 

Scott Daffron: Is there any questions?

 

Dee Daniels:Terry I just wanted to, I spoke with the Fire Chief this evening.Had you decided what you are doing with the apartment?Are you going to rent that out?

 

Terry Moore:Thereís a strong potential, and I still have to wait for the will to process that I will actually consolidate and move down there.

 

Dee Daniels: Okay.That being the case, we do not require a Knox box be put on the business because it is a residence as well.


Terry Moore: Okay.

 

Dee Daniels:So you wonít have to worry about that.

 

Terry Moore: Thank you I appreciate that.

 

Scott Daffron:Any other questions?

 

Don Wittman:At this point, youíre not going to have a sign out front?

 

Terry Moore:Thereís the existing sign that obviously I know it doesnít meet code, at this point, because I saw the three foot limit, which Iíll bring down.Iíd like to just go over that sign or maybe get a more subtle wooden sign that goes along with the concept of the business.

 

Don Wittman:Well three foot, there isnít a requirement that has to be three foot.Thatís just for entry signs.If you did a...I think the area restriction is 32 square feet, so a monument sign could be as high as you want but 4x8 per side.

 

Mayor Moll: Not as high as you want.

 

Don Wittman:Well within the limitations of the area.If you wanted to have, well a pole mounted sign is not, a ground mounted sign thereís no height limitation because, if you wanted to go 1íx42í high you can.

 

Scott Daffron: Not to confuse you, a monument sign is simply you know when you go down High Street there, thereís a lot of, Campbell Carpet, the Library, all those type of signs are what we refer to as monument signs and they are generally what weíve been trying to get people to use because they seem to fit and they match, instead of the pole mounted.

 

Charles Peck: And you know of course we would expect to see you come to apply for a permit for the sign.

 

Terry Moore: I was going to ask that because I saw on previous applications to use a pre-existing sign but Iíd still have to bring that back in with the permit also? I just want to make sure.

 

Charles Peck:If youíre going to make a new sign.

 

Terry Moore:Okay.

 

Scott Daffron: Anything else? Seeing none, Dee, can we have a vote on 07-09?

 

ROLL CALL: Bill Sasse, yes; Scott Rowley, yes; Charles Peck, yes; James Chubb, yes; Scott Daffron, yes.MOTION APPROVED.

 

Scott Daffron:That approves your business.

 

Terry Moore: Thank you.

 

Charles Peck:Good luck with your business.

 

Terry Moore:Thank you very much, hope to see you there.

Charles Peck: Mr. Chairman, may I ask our Service Director a question please?

 

Scott Daffron: Go ahead.

 

Charles Peck:Have we got any response from McQuaidís at all?

 

Don Wittman:Well we have an issue before us, do you want to discuss that at this point or do you want to go off the agenda?

 

Charles Peck: Off the agenda.

 

Don Wittman:I think we were waiting to get a contact for, no we havenít heard back from them.Notice was sent.

 

Dee Daniels:April 16th I did send a letter, but havenít heard anything.

 

Don Wittman:Iím probably going to be looking at the end of the month here to be going down to the court on some of these issues.Package them all up and go down, because people are not responding and I think if they get served by a Sheriffís Deputy they will start to come into compliance. But a problem there is with a business we need to know who to file the complaint against.

 

Bill Sasse:Is that the same with Belleria?

 

Don Wittman: Yes.And with them Iím even contemplating contacting the corporate headquarters and copying them on their franchiseeís inaction.

 

Bill Sasse: And Circle K?

 

Don Wittman: I talked to Dee on that, we have to verify if we did send a letter out and then if we havenít we will get something out to them as well.

 

James Chubb: From what Iím hearing Belleria may not be a problem.

 

Don Wittman: Okay.

 

Mayor Moll: Which may be why theyíre not responding.They havenít responding to anything.

 

Atty. Patrick Wilson:I like Donís idea about notifying the franchisor.That will usually get some pretty quick action.And then McQuaidís weíll find out whoever owns the liquor license.Because notice to the gas station didnít work.

 

Bill Sasse: And we did send one out to Circle K, Dee?

 

Dee Daniels:Circle K?Yeah Patrick gave me the address for that and that was through the liquor board.

 

Atty. Patrick Wilson:And weíll do McQuaidís the same way.Don may as well wait on McQuaidís.Wait on Circle K and Belleria and we should go down all at one time.

 

Scott Daffron:On our agenda we still have the discussion of the annexation changes.Don do you want go over what you are doing here?

 

Don Wittman: Yeah.You were provided with a copy of the proposed changes based on some discussions that myself, the Mayor, Patrick and the Clerk of Council had regarding some of the procedural challenges that we run into when property is annexed and it doesnít come before this board.There is some question as to whether that parcel achieves a zone change either under R15 or whether the Township regulations would apply.So weíre looking at changing Chapter 1105 to incorporate the two new sections so that there is mandatory referral to the Planning Commission on an annexed property.†† Upon which time a zone change would be requested by the petitioner for annexation and if theyíre application does not contain any request for a zone change or zoning we would designate it as R15.Then this way we would bring the parcel into the city and assign it a zoning classification which thereby would be able to withstand any legal challenges.

 

Bill Sasse:After a public hearing?

 

Don Wittman: Yes.

 

Bill Sasse:Should that be in here anywhere that there has to be a public hearing on it?

 

Mayor Moll:Well itís according to Chapter 1137 itís required.

 

Atty. Patrick Wilson: Yeah, itís not necessary to repeat it when you make reference to it.With the Clerk of Council on board with these changes it will all be incorporated.It should be seamless.Youíd be able to track the zoning issue with the annexation issue.It just brings our Codified Ordinances in line with the state law.

 

Mayor Moll: And we will make specific requests of them to designate a zone classification or accept the R15 at the time of the annexation.So hopefully they will be able to rezone before they actually get formally annexed. It gives them an opt out in case we donít accept the zoning for the permitted use.

 

Scott Daffron:I think thereís been cases where thatís been an issue.

 

Mayor Moll: Yeah.

 

Atty. Patrick Wilson:There has and I donít think anyone on this board wants property in the city that the Township or the County controls as far as the zoning.

 

Scott Daffron: So where do you want us to move from here?

 

Mayor Moll:Set a public hearing.

 

Atty. Patrick Wilson: Yeah, set a public hearing.

 

Mayor Moll: If you donít have a problem with any of the words on this page, then set a public hearing.

 

Atty. Patrick Wilson:You have your public hearing you vote on making the recommendation to City Council that these changes be incorporated then it goes off to City Council.

 

Scott Daffron:What date does your handy-dandy calendar tell us we should make the public hearing for?

 

Don Wittman:June 8th we donít have time for that unless we want to have a special meeting sometime in June just for this issue.

 

Scott Daffron: I donít see anybody busting down our doors.

 

Don Wittman:Then July 13th would be theÖ

 

James Chubb: Do we want to let that sit that long?

 

Charles Peck:We donít have choice.

 

Mayor Moll:Yeah, we donít really have a choice, because of the time limitation of the public hearing.

 

Atty. Patrick Wilson:Thereís no annexation in the hopper that would benefit from this move.

 

Mayor Moll: Iím thinking this would progress about the same as that would and it would probably be okay.I mean we may need to monitor (inaudible) Right now everybody is having to wait until theyíre annexed and then they can request a zone change.

 

Bill Sasse: Do you want to go with July?

 

Charles Peck:The 13th.

 

Don Wittman: The only thing that Dee was bringing up, well it would only save a couple of months anyways because once this Board votes on it, it has to go to Council and they will have to set a public hearing and then that will be a month and then another month for the three meetings so weíre looking September.

 

Bill Sasse:So July 13th is okay?

 

Don Wittman:Sure.

 

Charles Peck made a motion to set public hearing for Proposed Changes to the Annexation Ordinance, seconded by Scott Rowley.ROLL CALL:Bill Sasse, yes; Scott Rowley, yes; Scott Daffron, yes; Charles Peck, yes; James Chubb, yes.MOTION APPROVED.

 

Scott Rowley:Don is somebody updating the maps?

 

Don Wittman: Yes I am.

 

Mayor Moll: Weíre working on it.We have some software.

 

(Inaudible)

 

 

 

Don Wittman: Itís a little more high tech than that.We have a 60 day trial but I can always install it on another computer to get around the trial and then, or we pay $1500 for the software and we can change the maps and update the maps.Thatís one thing we can use the software for.Thereís multiple other applications for the software.

 

Mayor Moll:This is one piece of the chain. Once we get the tools we should be able to organize it pretty quickly.

 

Don Wittman: Yeah, I guess with the zoning map, weíll discuss it at the next meeting and try to get that going because there is some issues with some incorrectly classified parcels.The elementary school right now is non-taxable and if somebody came in to develop that, buy that property we really are at a loss as far as what the zoning is. So we have to do some research to see what it was prior to it being a school.

 

(Inaudible)

 

Mayor Moll:It was donated to the school district in 1976 or 1975 to use as a school.

 

Bill Sasse: It should have been swamp land.

 

Mayor Moll: I found the records.

 

Don Wittman: I guess to make it consistent it would become residential.In which case youíre allowed to have a school in a residential area.Itís a use permitted upon review.

 

Mayor Moll: Yeah, it would be residential.

 

Don Wittman:In much like the high school, the middle school.And we would just have to verify when the zoning classifications were adopted in 1995, that the current map is an accurate depiction of what was in affect.Notify people, have a public hearing and adopt the map.Thatís the overview of the process.Now whether that gets done this year, I donít know.

 

Bill Sasse:I guess this is the wrong time to bring up satellite dishes in the front yard.Don what can we do about that, anything?

 

Don Wittman: Propose new legislation.

 

Bill Sasse:I mean I donít have anything against satellite dishes but they donít look right in the front yard.

 

Don Wittman:Itís not a satellite dish that falls within the regulations if itís less than 9í.

 

Bill Sasse:So we have to make, so how do we have to write that?No satellite dishes up at all in front yards.

 

Don Wittman:Well you would have to define satellite dish and whether a Direct TV receiver is a satellite dish under theÖ

 

Bill Sasse:Well it looks like a satellite dish.If it looks like a duck and acts like a duck.

 

Atty. Patrick Wilson: Youíre referring to a satellite dish versus you know picking up a signal some other way.

 

Bill Sasse: This is a dish.

 

Atty. Patrick Wilson:Itís receiving a satellite signal.

 

Bill Sasse:Right so itís a satellite dish.Right?

 

Atty. Patrick Wilson: If itís picking up a different signal thenÖ

 

(Inaudible)

 

Don Wittman: Get your neighbors together to buy an 8í section of white picket fence and put it between the dish and the road.

 

Bill Sasse: No, all Iím saying Don is it looks like crap and itís the only one in the City of Cortland thatís in the front yard.

 

Mayor Moll:I doubt that.

 

Scott Daffron:I doubt it.

 

Bill Sasse:I havenít seen any others and Iíve looked around.

 

Dee Daniels: Thereís one on Grove.Is that the one youíre talking about?

 

Bill Sasse: Iím talking about the one across the street from my house.

 

Dee Daniels:Well see, thereís more than one.

 

Mayor Moll:The cheapest thing would be to buy a bush and plant it there.

 

(Inaudible)

 

Don Wittman:Seriously Bill to look at that, I didnít ask Patrick to look at it but based on my interpretation of that, when it defines a satellite dish and it says satellite dishes less than nine square feet this section does not apply.So we do not regulate Direct TV receivers.

 

Bill Sasse:Does that 9í take into account the whole thing the post and everything?

 

Scott Daffron: Thatís just the dish.

 

Bill Sasse: So Iíve got to write a new law and propose it to the board.

 

Don Wittman:And that will be grandfathered in anyways.

 

(Inaudible)

 

Scott Rowley: Any updates about pools this year?

 

Mayor Moll:No.

 

Scott Rowley: I know weíre coming into the season so.

 

Scott Daffron: We didnít have as big of an issue last year as we did the year before with the temporary blue pools.For some reason they didnít seem that they were as popular.

 

Dee Daniels:Yeah, I didnít see as many.

 

Scott Daffron: Because the year before that they were like all over the place it seemed.Everyone had one in their front yard.

 

Charles Peck: They probably only last a season or two.

 

Bill Sasse made a motion to adjourn, seconded by Charles Peck.ROLL CALL:Scott Daffron, yes; Charles Peck, yes; Scott Rowley, yes; Jim Chub, yes; Bill Sasse, yes.MOTION APPROVED.

 

Meeting Adjourned: _7:24 p.m.

 

 

 

____________________††††††† ___________†††††† __________________

Scott Daffron, Chairman†††††††††††††††† Date†††††††††† Dee Daniels, Secretary