HomeMy WebLinkAbout174 Pleasant Grove Resolution.pdfZBA Appeal No. 2012-27 Res. August 22, 2012
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON AUGUST 22, 2012 FOR APPEAL NO. 2012-27
Motion made by: A. Watkins
Motion seconded by: K. Sigel
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow a new 2 family dwelling to be constructed with a
height of 32.5’, which is greater than the 25’ allowed by the Village of
Cayuga Heights Zoning Section 5: Height of Buildings. The property in
question is known as 174 Pleasant Grove Rd (see attached map) tax map #
11.-2-8.1; and
B. On August 22, 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 August 22, 2012 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 (c), 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 August 22, 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. 2012-27 Res. August 22, 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: 1) Many houses in the Village have
similar situations due to topography challenges. This is mitigated,
however, by one neighbor’s objections to the proposed height on
one side. 2) The front of the house is in compliance.
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 X NO______, because: The applicant could fill in areas
around the house to make it compliant.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because: The request is substantial, but is
mitigated because 1) Many houses in the Village have similar
situations due to topography challenges. 2) The front of the house
is in compliance.
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: Keeping the grade at the current state
could be viewed as an advantage.
Whether the alleged difficulty was self-created.
Finding:
YES_____ NO X because: The applicant is attempting to maintain
the neighboring setbacks and the current slope of the property.
1. It is hereby determined by the Village of Cayuga Heights Zoning Board of
Appeals that the following variance is GRANTED AND APPROVED (with
ZBA Appeal No. 2012-27 Res. August 22, 2012
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:
Granting of an area variance to allow a new 2 family dwelling to be
constructed with a height of 32.5’, which is greater than the 25’ allowed by
the Village of Cayuga Heights Zoning Section 5: Height of Buildings.
Conditions of Variance:
1) The grade on the south side of the property must be at a minimum as high
as in the proposed drawings.
2) The grade in the front of the house must achieve a level which would
make the house compliant except within 3’ from the south corner.
3) The applicant must provide landscaping which would limit the visual
impact on the south end of the house within 20’ of the basement door and
windows.
The vote on the foregoing motion was as follows:
AYES: J. Young NAYS: None
K. Sigel
R. Parker
A. Watkins
A. Shull
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 August 22,
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
August __________, 2012