March 11, 2015
Landlord loses bid for interpretation of city zoning laws
The city Zoning Board of Appeals Monday evening denied local landlord Gerry Ruggiero’s request for clarification of city zoning laws, saying the appeal was submitted too late, among other reasons.
Ruggiero had taken issue with what he called the city’s unfair enforcement of zoning laws. In particular he wanted the ZBA to clarify the law as it relates to issuing certificates of compliance, documents needed to show a building is up to code after work has been completed.
In August, Ruggiero argued in a complaint against the city that a parking lot expansion landlord Chris Calabro did at his 89 Tompkins St. property violated city code regulating green space requirements.
Ruggiero said this was an example of unjust treatment, since Ruggiero had been forced by the city to tear up a gravel parking lot he laid at a similar property he owned on Reynolds Avenue in 2008.
Ruggiero filed an application for interpretation with the ZBA on Nov. 25, arguing Calabro should also have to reduce the size of his parking lot or obtain a variance from the city to keep it as is.
But after almost an hour of discussion, the ZBA members voted to deny the request for three reasons.
Zoning Officer Bob Rhea said during the meeting that he and a building inspector visited Calabro’s property and concluded no variance was needed.
Rhea said Calabro was issued a certificate of compliance shortly after their visit on Aug. 19. He said the certificate would not have been issued if they had determined a variance was required.
“We inspected it twice,” Rhea said this morning. “This was professionally engineeered and it was done correctly. I’d really hate to slow down progress when there isn’t a problem.”
The ZBA also faulted Ruggiero’s application for citing a “refusal to enforce zoning laws.” The board said this was too vague and lacked specifics as to what needed to be interpreted.
But the board ultimately denied the application because it was submitted too late. City law requires an appeal be submitted within 60 days of written notification of the decision or order by the zoning officer.
But the whole process prompted ZBA members to seek to improve both the certification and appeals processes.
Since November, the ZBA tabled Ruggiero’s request at least twice due to a lack of information and the need for interpretation of the law from the city’s attorney, Ric VanDonsel.
On Monday, ZBA Commissioner David Funk said Ruggiero’s case indicates changes need to be made to streamline the appeal process.
“This points out some cracks in the system where things could’ve been looked at (much sooner),” Funk said. “The questions that I asked tonight about 89 Tompkins I don’t ever want to ask again.”
Board members suggested improving communications between the ZBA, city officials and other boards and updating language in the appeal applications, requiring that they be more specific.
The ZBA also recommended improving how the city manages and archives property information so it can access that information in a timely manner.
On Tuesday, Ruggierio said he did not learn about the certificate of compliance until November. That is when his 60 days to appeal should have started, he said.
“It’s not the document that matters, it’s the notification,” Ruggiero said. “That’s not the spirit and intent of the law.”
He added he submitted more than 100 pages of documentation with his appeal for the ZBA to review and thinks his application was denied because the board did not understand the law.
Ruggiero has also filed another application for interpretation from the board. On this matter he wants clarification on Rhea’s January denial of a certificate of zoning occupancy at 8 Hill St., which would allow more than three unrelated people to live there.
But because Ruggiero interrupted discussions and was escorted out of the meeting, the ZBA tabled the Hill Street agenda item so he could be present to answer questions the board may have about his application.
The next regular meeting of the ZBA is scheduled for 5 p.m. on April 13.
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