HomeMy WebLinkAbout903 Hanshaw Rd Resolution ZRA Appeal No.20114 Res.September 6,2011
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON SEPTEMBER 6,2011 FOR APPEAL NO. 2011-4
Motion made by:
Motion seconded by: 17 rn P/itl
WHEREAS:
A. This matter involves consideration of the following proposed action: an area
variance seeking to increase the number of overall signs and also an increase
in the total square footage of signs for tax parcel #10-4-1.2, commonly known
as the Comers Community Center. The Village of Cayuga Heights Zoning
Ordinance Section 17-A: SIGNS permits one free standing sign that shall not
exceed 18 square feet, so long as there are more than 2 businesses on any one
parcel. The applicant is seeking to increase the number of signs to a total of 5
with a total square footage of approximately 100 square feet, and
B. On September 6, 2011, the Village of Cayuga Heights Zoning Board of
Appeals held a public hearing regarding such action, and thereafter 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 September 6, 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 September 6, 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
ZBA Appeal Na.2011-4 Res,September 6,2011
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:
YES NO X, because no objection has been presented by
any member of the public, and the Board believes the proposed
signage will improve access to and information about the shopping
center, and this center is so large, and contains so many tenants,
that additional signs and additional square footage are necessary
for this improved access and information.
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 there is no way to provide a
meaningful directory or to provide directional signage that could
be legible from the road, and there are multiple entrances to this
center resulting in additional need for directional and information
signs.
Whether the requested area variance is substantial.
Finding:
YES X NO because the area and number of signs far
exceeds the Zoning Ordinance's limit, however, the Board believes
the proposed signage will improve access to and information about
the shopping center, and this center is so large, and contains so
many tenants,that additional signs and additional square footage
are necessary for this improved access and information.
Whether the proposed area variance will have an adverse effect or
impact on the physical or environmental conditions in the
neighborhood or district.
ZBA Appeal No.201 I-4 Res.September b,2011
Finding:
YES NO X because condition#4 below will prevent any
safety issues concerning drivers'visibility, and the Board has not
identified any other physical or environmental effects.
Whether the alleged difficulty was self-created.
Finding:
YES NO X because the center pre-dates the Zoning
Ordinance.
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:
An area variance permitting an increase in the number of overall signs and
also an increase in the total square footage of signs for tax parcel#10-4-1.2,
commonly known as the Corners Community Center. The Village of Cayuga
Heights Zoning Ordinance Section 17-A: SIGNS permits one free standing
sign that shall not exceed 18 square feet, so long as there are more than 2
businesses on any one parcel. The applicant is permitted to increase the
number of signs to a total of 5 with a total square footage of approximately
100 square feet.
Conditions of Variance:
1. No listing or information on Sign B will count toward an individual
tenant's sign allowance.
2. The text on Sign A is limited to the proposed text, and any text on the
reverse side is limited to the same text as on the front.
3. Sign B must have the same information on the reverse side as on the front.
4. Final location of Sign A must be approved by the Village Engineer for
safe sight lines.
ZBA Appeal No.2011-4 Res.September b,2011
5. The signs must be constructed in substantial conformity with the pictures
submitted with the application and be placed in the locations depicted on
the map submitted with the application as well.
The vote on the foregoing motion was as follows:
AYES:
R. PAI &q4
M . F n JYt n
NAYS: AiJYt a
The motion was declared to be carried.
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 September
6, 2011. A44
/ ,Jj
Deputy Vill e Clerk
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
September_L, 2011