HomeMy WebLinkAbout211 White Park Rd ResolutionVILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON DECEMBER 5, 2011 FOR APPEAL NO. 2011-6
Motion made by: Kirk Sigel
Motion seconded by: Anita Watkins
WHEREAS:
A. This matter involves consideration of the following proposed action: granting of an area
variance to permit an existing carport to remain in its current location with a deficient side
yard set-back at 211 White Park Road (tax map # 14.-1-9). The carport is approximately 10.4
feet from the side property line and 15 feet is required (pursuant to a zoning permit issued in
1955); and
B. On December 5th, 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 December 5th, 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 December 5th, 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:
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: NO, because it is currently built and has been in existence in the same location
since 1955.
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: NO, because it would not be feasible to move the structure since it is already built.
Whether the requested area variance is substantial.
Finding: NO, because it has existed for many years in its current location.
Whether the proposed area variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district.
Finding: NO, because it been there for over 56 years.
Whether the alleged difficulty was self-created.
Finding: NO, because the applicant only purchased the house 6 months ago and he did not
build the carport.
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 to permit an existing carport to remain in its current
location with a deficient side yard set-back at 211 White Park Road (tax map # 14.-1-9). The
carport is approximately 10.4 feet from the side property line and 15 feet is required
(pursuant to a zoning permit issued in 1955).
Conditions of Variance:
The carport may remain in its location as shown on the map submitted with the application,
which map is attached hereto and incorporated herein by reference.
The vote on the foregoing motion was as follows:
AYES: Unanimous - Anita Watkins, Alison Shull, Kirk Sigel, Jack Young,
Bob Powers
NAYS: None
The motion was declared to be carried.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
VILLAGE OF CAYUGA HEIGHTS)
I, Angela Podufalski, 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 December 5th, 2011.
_________________________________
Deputy Village Clerk
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
December _____, 2011