HomeMy WebLinkAbout1 Strawberry Lane ResolutionZBA Appeal No. 2011-3 Res. July 12, 2011
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON JULY 12, 2011 FOR APPEAL NO. 2011-3
Motion made by: Kirk Sigel
Motion seconded by:Jack Young
WHEREAS:
A.This matter involves consideration of the following proposed action: granting
of an area variance to permit an increase in the lot coverage from the 12%
allowed by the Village of Cayuga Heights Zoning Ordinance Section 7:
Building Coverage in a Residence District to 13% at 1 Strawberry Lane (tax
parcel#8.-2-11); and
B.On July 12, 2011, the Village of Cayuga Heights Zoning Board of Appeals
held a public hearing regarding such action, and thereafter thoroughly
reviewed and analyzed (i) the materials and information presented by and on
behalf of the applicant(s) in support of this appeal, (ii) all other information
and materials rightfully before the Board, and (iii) all issues raised during the
public hearing and/or otherwise raised in the course of the Board’s
deliberations; and
C.On July 12, 2011, in accordance with Article 8 of the New York State
Environmental Conservation Law - the State Environmental Quality Review
Act (“SEQR), and 6 NYCRR Section 617.5, the Village of Cayuga Heights
Zoning Board of Appeals determined that the proposed action is a Type II
action, and thus may be processed without further regard to SEQR; and
D.On July 12, 2011, in accordance with Section 712-b of the Village Law of the
State of New York and Village of Cayuga Heights Article IX§21, the Village
of Cayuga Heights Zoning Board of Appeals, in the course of its
deliberations, took into consideration the benefit to the applicant if the area
variance is granted as weighed against the detriment to the health, safety and
welfare of the neighborhood or community by such grant;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1.The Village of Cayuga Heights Zoning Board of Appeals hereby makes the
following findings with respect to the specific criteria for such area variance
as set forth in Section 712-b of the Village Law of the State of New York and
Village of Cayuga Heights Article IX§21:
ZBA Appeal No. 2011-3 Res. July 12, 2011
Whether an undesirable change will be produced in the character of the
neighborhood or detriment to nearby properties will be created by
granting the area variance.
Finding:
YES_____ NO X , because: the increase is modest and the
new addition will fit within the current envelope of the existing
building.
Whether the benefit sought by the applicant can be achieved by some
method feasible for the applicant to pursue other than an area variance.
Finding:
YES_____ NO X , because: given the fact that the property
is already over the allowable lot coverage, any increase would
require a variance.
Whether the requested area variance is substantial.
Finding:
YES_____ NO X , because: the increase is only
approximately 5%.
Whether the proposed area variance will have an adverse effect or
impact on the physical or environmental conditions in the
neighborhood or district.
Finding:
YES_____ NO X , because: the increase is only
approximately 5%.
Whether the alleged difficulty was self-created.
Finding:
YES X NO______, because: the applicant does not need to
construct the addition.
ZBA Appeal No. 2011-3 Res. July 12, 2011
1.It is hereby determined by the Village of Cayuga Heights Zoning Board of
Appeals that the following variance is GRANTED AND APPROVED (with
conditions, if any, as indicated), it being further determined that such
variance is the minimum necessary and adequate to grant relief and at the
same time preserve and protect the character of the neighborhood and the
health, safety and welfare of the community:
Description of Variance: The granting of an area variance permitting the
applicant to increase the lot coverage from 12% up to 13%.
Conditions of Variance: The applicant must build the addition as described
on the plans submitted by the applicant to the Village of Cayuga Heights
Zoning Board of Appeals.
The vote on the foregoing motion was as follows:
AYES: John Young
Kirk Sigel
Alison Shull
Mark Eisner
Anita Watkins
NAYS:None
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
VILLAGE OF CAYUGA HEIGHTS)
I, Angela Korbel, Deputy Village Clerk of the Village of Cayuga Heights, do
hereby certify that the attached Resolution is an exact copy of the same adopted by the
Village of Cayuga Heights Zoning Board of Appeals at a regular meeting on July 12,
2011.
_________________________________
Deputy Village Clerk
Village of Cayuga Heights
ZBA Appeal No. 2011-3 Res. July 12, 2011
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
July _____, 2011