Loading...
HomeMy WebLinkAboutZBA 5-6-2013 minutes.pdfZBA 5-6-2013 minutes - 1 - Minutes for the Village of Cayuga Heights Zoning Board of Appeals Meeting May 6, 2013 Present: Members Chair J. Young, K. Sigel, A. Watkins, A. Shull, R. Parker and Alternate M. Eisner Code Enforcement Officer B. Cross, Attorney R. Marcus, VCH Deputy Clerk A. Podufalski, Members of the Public 1. Meeting called to order Meeting called to order by Chair J. Young at 7:05 pm. 2. 903 Hanshaw Rd  Chair J. Young reviewed the public notice.  Code Enforcement Officer B. Cross gave a background summary on the case and answered questions for the Board. Code Enforcement Officer Cross has received no comments from the public.  The applicant, property owner T. Ciaschi, was granted the opportunity to speak to the Board regarding the request from Island Health and Fitness.  Public comment- No members of the public wished to comment.  The Board discussed that the requested increase in sign square footage for this tenant would not increase the total allowable square footage for the property. This could be considered a transfer of use from Community Corners to Island Health and Fitness.  Attorney R. Marcus informed the Board the variance request is an Unlisted Action for which the Board is an involved agency. Attorney R. Marcus reviewed the SEQR Short Environmental Assessment Form with the Board. The Board determined the request would have no significant negative impact. Motion: K. Sigel Second: R. Parker SEQR DETERMINATION FOR VARAINCE REQUEST TO INCREASE SIGN SQUARE FOOTAGE. RESOLVE, that the Village of Cayuga Heights Zoning Board of Appeals finds there to be no negative environmental significance in regards to the variance request for an increase in sign square footage for the tenant Island Health and Fitness. Aye votes – Chair J. Young, K. Sigel, A. Watkins, A. Shull, R. Parker Nay votes- none  The Board answered the findings questions as follows: ZBA 5-6-2013 minutes - 2 - 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: 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 ZBA 5-6-2013 minutes - 3 - 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. 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: ZBA 5-6-2013 minutes - 4 - 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. 3. 823 Hanshaw Rd  The applicant did not submit all documentation in time for consideration. Applicant will purse the application at a future meeting. 4. David Allee award to Kirk Sigel  Fred Wilcox presented the David Allee award to Kirk Sigel for his outstanding work as Chair of the Town of Ithaca Zoning Board as well as his work for the Village of Cayuga Heights Zoning Board. 5. 1001 Highland Rd  Chair J. Young reviewed the public notice.  Code Enforcement Officer B. Cross gave a background summary on the case and answered questions for the Board. Code Enforcement Officer Cross has received no comments from the public.  The applicant was granted the opportunity to speak regarding the request.  A neighbor stated they do not object to the request.  Attorney R. Marcus informed the Board the variance request is a Type II action exempt under Section 617.5(c) of SEQR.  The Board answered the findings questions as follows: VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS RESOLUTION ADOPTED ON May 6, 2013 FOR APPEAL NO. 2013-5 ZBA 5-6-2013 minutes - 5 - Motion made by: K. Sigel Motion seconded by: R. Parker WHEREAS: A. This matter involves consideration of the following proposed action: granting of an area variance to allow a new 6’ high fence to be located at 13’ from front property line, which is less than the 25’ setback required by Village of Cayuga Height s Zoning Section 6: YARDS. The property in question is known as 1001 Highland Road (see attached map) tax map # 2.-5-12; 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, 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 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: 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 fence will be well screened from the road by the existing hedge. ZBA 5-6-2013 minutes - 6 - 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______, but is mitigated because it would look less attractive and would be more difficult to maintain if placed within the required setback. Whether the requested area variance is substantial. Finding: YES X NO______, but is mitigated because it only affects a small area of the perimeter. 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 fence will be well screened from the road by the existing hedge. Whether the alleged difficulty was self-created. Finding: YES X NO______, because: The applicant wants to build the fence. 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 new 6’ high fence to be located at 13’ from front property line, which is less than the 25’ setback required by Village of Cayuga Heights Zoning Section 6: YARDS. Conditions of Variance: The fence must be 90% open and built substantially as proposed. The vote on the foregoing motion was as follows: ZBA 5-6-2013 minutes - 7 - AYES: R. Parker NAYS: None K. Sigel J. Young A. Watkins A. Shull The motion was declared to be carried. 6. Minutes APPROVING MINUTES OF FEBRUARY 4, 2013 RESOLVE, that the written, reviewed and revised minutes of February 4, 2013 meeting are hereby unanimously approved. 7. Other Business  Code Enforcement Officer B. Cross discussed possible upcoming cases. 8. Adjourned  Meeting adjourned at 8:05pm.