HomeMy WebLinkAboutProposed Resolution 876 Highland RoadZBA Appeal No. 2012-1 Res. January 17, 2012
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON JANUARY 17, 2012 FOR APPEAL NO. 2012-1
Motion made by: ______________________________________
Motion seconded by: ______________________________________
WHEREAS:
A. This matter involves consideration of the following proposed action: granting of
an area variance to permit an existing non-compliant pool house to remain in the
side-yard set-back and also permit the expansion of said pool house to include a
second story addition. The property in question is known as 876 Highland Road
(tax map # 7.-4-2.2). The pool house is approximately 8.7 feet from the side
property line and 15 feet is required; and
B. On January 17, 2012, 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 January 17, 20121, in accordance with Article 8 of the New York State
Environmental Conservation Law - the State Environmental Quality Review Act
(ASEQR), 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 January 17, 2012, 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. 2012-1 Res. January 17, 2012
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______, because:
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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______, because:
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Whether the requested area variance is substantial.
Finding:
YES_____ NO______, because:
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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. 2012-1 Res. January 17, 2012
Finding:
YES_____ NO______, because:
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Whether the alleged difficulty was self-created.
Finding:
YES_____ NO______, because:
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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:
Conditions of Variance:
[Describe conditions of the variance, if any]
OR
ZBA Appeal No. 2012-1 Res. January 17, 2012
2. It is hereby determined by the Village of Cayuga Heights Zoning Board of
Appeals that the proposed variance is DENIED.
The vote on the foregoing motion was as follows:
AYES: ____________________________
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NAYS: ____________________________
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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 January 17,
2012.
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Deputy Village Clerk
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
January __________, 2012