Loading...
HomeMy WebLinkAboutZBA 8-20-2013 draft minutes.pdfF:\ZBA\ZBA 2013\8.20.2013\ZBA 8-20-2013 draft minutes.doc - 1 - Draft Minutes for the Village of Cayuga Heights Zoning Board of Appeals Meeting August 20, 2013 Present: Members Chair J. Young, A. Watkins, A. Shull, R. Parker and K. Sigel Code Enforcement Officer B. Cross, Attorney R. Marcus, VCH Deputy Clerk A. Podufalski, Applicant for 823 Hanshaw Rd- A. Easterbrook 1. Meeting called to order  Meeting called to order by Chair J. Young at 7:03 pm. 2. Variance Applications A. 823 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 stated he has received no objections from neighbors. He did speak to Mayor Supron as there is an encroachment on Village property. Mayor Supron has no objections to the variance.  The applicant was granted the opportunity to speak to the Board regarding the request.  Public comment- No members of the public present for comment.  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 AUGUST 20, 2013 FOR APPEAL NO. 2013-10 Motion made by: A. Watkins Motion seconded by: R. Parker WHEREAS: A. This matter involves consideration of the following proposed action: granting of an area variance to allow an existing 6’ high wood fence to remain at approximately 11’ from the side property line, which is less than the 15’ required by Village of Cayuga Heights Zoning Section 6: YARDS. The property in question is known as 823 Hanshaw Road (see attached map) tax map # 5.-4-9 and F:\ZBA\ZBA 2013\8.20.2013\ZBA 8-20-2013 draft minutes.doc - 2 - B. On August 20, 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 August 20, 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 August 20, 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: 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: 1) The fence is pre-existing 2) There have been no objections from neighbors 3) There is only a short length of fence that is not 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______: however, making the fence compliant would not change the impacts considerably. Whether the requested area variance is substantial. Finding: F:\ZBA\ZBA 2013\8.20.2013\ZBA 8-20-2013 draft minutes.doc - 3 - YES_____ NO X because: There is roughly a 25% reduction and only a short length of the fence is affected. 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: 1) The fence is pre-existing 2) There is only a short length of fence that is not in compliance. Whether the alleged difficulty was self-created. Finding: YES_____ NO X because: The fence became non-compliant as a result of the sale of a strip of property to the Village. 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 an existing 6’ high wood fence to remain at approximately 11’ from the side property line, which is less than the 15’ required by Village of Cayuga Heights Zoning Section 6: YARDS. Conditions of Variance: That the fence remains substantially as is. The vote on the foregoing motion was as follows: AYES: R. Parker NAYS: None J. Young A. Watkins A. Shull K. Sigel The motion was declared to be carried. 3. Minutes F:\ZBA\ZBA 2013\8.20.2013\ZBA 8-20-2013 draft minutes.doc - 4 - APPROVING MINUTES OF JULY 15, 2013 RESOLVE that the written, reviewed and revised minutes of July 15, 2013 meeting are hereby approved. K. Sigel abstained as he was not in attendance. 4. Other Business  Code Enforcement Officer B. Cross discussed possible upcoming cases. 5. Adjourned  Meeting adjourned at 7:29pm.