HomeMy WebLinkAbout903 Hanshaw Resolution Form.pdfZBA Appeal No. 2013-4 Res. (May 6, 2013)
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON May 6, 2013 FOR APPEAL NO. 2013-4
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 business tenant to have a freestanding sign that is 7 sq.
ft., which is in excess of the existing 10 sq. ft. allowed by Village of Cayuga
Heights Zoning Section 17.B.2.e: SIGNS. The property in question is known as
903 Hanshaw Rd (see attached map) tax map # 10.-4-1.1; and
B. On May 6, 2013, 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 May 6, 2013, the Village of Cayuga Heights Zoning Board of Appeals
determined that the proposed action is an Unlisted Action for which the Board is
an involved agency, and in performing the lead agency function for its
independent and uncoordinated environmental review in accordance with Article
8 of the New York State Environmental Conservation Law - the State
Environmental Quality Review Act ("SEQR"), the Board (i) reviewed all
documents prepared and submitted with respect to this proposed action, (ii)
analyzed the potential relevant areas of environmental concern to determine if the
proposed action may have a significant adverse impact on the environment,
including the criteria identified in 6 NYCRR Section 617.7(c), in accordance with
the Short Environmental Assessment Form (the "Short EAF"), (iii) completed the
Short EAF, Part 2; and (iv) made a negative determination of environmental
significance ("Negative Declaration") in accordance with SEQR for the above
referenced proposed action and determined that an Environmental Impact
Statement would not be required; and
D. On May 6, 2013, 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:
ZBA Appeal No. 2013-4 Res. (May 6, 2013)
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:
YES_____ NO X because: The variance will repurpose an existing
sign.
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 sign cannot be placed in the
location requested without a variance.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because: The increase in square footage for
this particular sign is 70%, but is mitigated because there is not an
overall increase in allowable sign square footage for the property.
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 variance will repurpose an existing
sign.
Whether the alleged difficulty was self-created.
Finding:
YES X NO______, because: The tenant is requesting the increase
in sign square footage.
ZBA Appeal No. 2013-4 Res. (May 6, 2013)
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:
Granting of an area variance to allow a business tenant to have a freestanding
sign that is 7 sq. ft., which is in excess of the existing 10 sq. ft. allowed by
Village of Cayuga Heights Zoning Section 17.B.2.e: SIGNS.
Conditions of Variance:
The sign being replaced may not be placed in any other location on the
property.
The vote on the foregoing motion was as follows:
AYES: R. Parker NAYS: None
K. Sigel
J. Young
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 M. 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 May 6,
2013,
______________________________
Deputy Village Clerk
ZBA Appeal No. 2013-4 Res. (May 6, 2013)
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
May __________, 2013