HomeMy WebLinkAboutResolution Adopted on Dec 5, 2011 for Appeal No. 2011-5.PDFVILLAGE OF CAYU(GA HEIGHTS ZONING BOARD OF APPEALSRESOLUTION ADOPTED ON DECEMBER s,}OIIFOR APPEAL NO. 2OII-5
Motion made by: Krk Sigel
Motion seconded by: Aru"ta Watkins
WHEREAS:
A' This matter involves 'consideration of the fgllowlng proposed action: grantrng of an areavatiance to permit at exlstmg carport to remain in its"current location with a deficient sideyard set-back at211 White Park Road (1ax map # 14.-1-9).The carport is approxrm ately 10.4
ft^"-t-ft"- the side property line and 15 feet is iequired (pursuant to a zoningpermit issued rn1955); and
B. on December 5*,20'11, the vilrage of cayuga Herghts zontngBoard ofAppeals-held a public.h.eanng.tegatding such uJtio.r, und th"r.nfl"r thoroughly reviewed andanalyzed (i) the materials and informatiln pres.nted by and on behalf of th"e applicant(s) int"p-p-9lt gf trt appeal, (it) all other information and materials nghtfufly b.for"'ir. Board,and (iii) alI issues raised during the public hearing andf or otherwise raised in the course ofthe Board's deliberations; and
c. on December 5*,2011, in accordance with Article B of the New york StateEnvironrlental ConservaLtion Law - the State Environmental euality Review Act (,.SEeR),and 6 NYCRR Section 617.s,.the village of caywgaHeights zinngBoard of Appealsdetermined that the proposed action is a Type ir l.tiotr,ltrd thus riuy b. pro..*.d withoutfurther regard to SEQR; and
D' On Decembet 5,n' 201.1, in accordance with Section 712-b of the Village Law ofthe Stateof New York an<lVillag9 of CaywgaHerghts Article IXS21, the Village of"CuyugnHeights
?"^:s Board o{'Appeal;, rn the .o,rrr" Lf its deliberatiln., took jnto consideration the
f en;!t to-the applicant iI' the arca varianceis granted as weighed against the detriment ro thehealth, safety and welfare of the neighborhooJ o, .o*"-f,, uy such gtant;
NON7, THE,REIIORE, B,E IT RESOLVED AS FOLLOSTS:
1' The Village of Cayuga-Herghts ZontngRoard of Appeals hereby makes the following
.fu9gt with respect to the specific criteria for such iieuu^tjnn e as set forth in Sectron 712-b of the Village L,aw of thLe State of New York and Village of CayugaHeights Article IX$21:
I{/hether an undesirable chan4le wi// be procluced in the character of the neighborhood or rletiment to nearbltproperties wi// be created b1 granting the area aarjance.
Finding: NO, because it ir; currently burlt and has been jn existence in the same locationsince 1955.
IYbether the byneft sought fut the applicant can be achieaed b1 some methoclfeasiblefor tbe applicant topurcu€ other than an ar€a aanance.
Findrng: No, because it u'ould not be feasibie to move the structure since it is already built.
lYhether lhe requested area ua,riance is sabstantial.
Finding: No, because it has exrsted for many years in its current location.
I{/hether the proposed area uariance will haue an acluerse ffict or inpart on the phlsical or enyironmental
conditions in the neighborhood or ctistict.
trinding: NO, because it br:en there for over 56 years.
Yheller rhe alleged dfficaQy was selfneated.
Finding: No, because the applicant only purchased the house 6 months ago and he did notbuild the carpolt.
1' Itis- hereby determin:1ll-1"_y*age of cay,ugaHerghts LontngBoard of Appeals thatthe following variance is GnANTED o*i onn*ouno (with conditions, if any,as indicated), itbeing further deterrnined that such variance is the minimurn necessaly and adequate to grantrelief and at the same tinre preserve and protect the character of the neighborhood and thehealth, safety and welfar,e of the .o--roity,
Descdption of Variance:
The grantin g of an atea s'a.tiance to permrt an exrsting carport to remain in its currentlocation with a deficient side yard sJt-back at2lltxziit. dark Road (tax map # 14.-1-g).Thecaryort is approximately 10.4 feet from the-.side property rir" "ra 15 feet is requ'ed(pursuant to a zoningper:mit issued in 1955).
Conditions of Variance:
The carport may remain -m its location as showl on ihe rnap submitted with the application,which map is attached he,1s16 and incorporated herein by rJf"r"rr.".
The vote on the foregoing motion was as follows:
AYE'S: unanimous - Ania \ff/atkins, Arison shu[, Kfuk siger,Jack young,
Bob Powers
NAYS: None
The motion was declared to be carried.
STATE OF NEW YORTI)
COLINTY OF TOMPKIIVS) SS:
VILLAGE OF CAYUG,,\ HEIGHTS)
L*#y #,i:fJ:j::*?ijty_il1_ge crerk of the vlrage of cayuga Heights, do herebyl"Iii#T:,*:g*:11;#:;3;i;*i;',f,:H::[:ffi 'ff i?,Jififfi :'",Zoning of Appeals at aregular meeting on December 5tr,, 2011.
Village Clerk
Village of Cayuga Height.s
A copy of said resohttion being sent to the applicant and filed with the village clerk onDecember 1 ,20t1
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