HomeMy WebLinkAbout876 Highland Rd Resolution (2)ZBA Appeal No. 2012-2 Res. February 6, 2012
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON FEBRUARY 6, 2012 FOR APPEAL NO. 2012-2
Motion made by: Alison Shull
Motion seconded by: Kirk Sigel
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 by the granting of a height variance. The property in
question is known as 876 Highland Road (tax map # 7.-4-2.2). The pool house is
approximately 8 feet 7 inches from the side property line at its closest point. 15
feet is required. The height of the structure after the construction of the second
floor will be approximately 30 feet 11 inches where only 25 feet is permitted.
B. On February 6, 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 February 6, 2012, 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 February 6, 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. 2012-2 Res. February 6, 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 X , because:
The structure has existed for many years. The width on the side
that exceeds the height permitted is relatively narrow and the face
of the building is not very visible.
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:
The structure is already built and not moveable. A height variance
is needed to retain egress from the lower level.
Whether the requested area variance is substantial.
Finding:
YES_____ NO X , because:
1) The setback variance requested impacts only a small portion of
the building since it is on an angle. 2) The height variance is for a
narrow space.
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 addition will decrease noise level from the pool and no
foundation work is being contemplated.
:
Whether the alleged difficulty was self-created.
Finding:
YES X NO X , because:
ZBA Appeal No. 2012-2 Res. February 6, 2012
No, regarding the setback because the existing structure pre-dates
the owner’s acquisition of the property. Yes, regarding the height
because the applicant does not need to add a second story.
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 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 by the granting of a height variance. The property in
question is known as 876 Highland Road (tax map # 7.-4-2.2). The pool house is
approximately 8 feet 7 inches from the side property line at its closest point. 15 feet is
required. The height of the structure after the construction of the second floor will be
approximately 30 feet 11 inches where only 25 feet is permitted
Conditions of Variance:
The project is to be built substantially as indicated on the applicant’s submitted
plans.
The vote on the foregoing motion was as follows:
AYES: Unanimous - Anita Watkins, Alison Shull, Kirk Sigel, Mark Eisner,
Jack Young
NAYS: None
The motion was declared to be carried.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
VILLAGE OF CAYUGA HEIGHTS)
ZBA Appeal No. 2012-2 Res. February 6, 2012
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 February 6,
2012.
_________________________________
Deputy Village Clerk
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
February __________, 2012