HomeMy WebLinkAbout8 Country Club Rd Resolution Form.pdfZBA Appeal No. 2014-3 Res. (April 7, 2014)
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON (APRIL 7, 2014) FOR APPEAL NO. 2014-3
Motion made by: R. Parker
Motion seconded by: K. Sigel
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow construction of a new 8’ high dumpster enclosure
located at approximately 1.3’ from front property line, which is less than the
30’ required by Village of Cayuga Heights Zoning Section 6: Yards. The
property in question is known as 8 Country Club Road (see attached map) tax
map # 14.-2-6.2 and
B. On April 7, 2014 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 April 7, 2014 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 April 7, 2014 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.
ZBA Appeal No. 2014-3 Res. (April 7, 2014)
Finding:
YES______, NO X because: The enclosure would be more visually pleasing, but this
is mitigated because the location is not optimal.
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 enclosure technically could be re-located, but it
would be less efficient.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because: This is mitigated because the street is not open and the
structure only covers a small portion of the property line.
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 enclosure would limit animal access to the
dumpsters.
Whether the alleged difficulty was self-created.
Finding:
YES X NO_____ because: the applicant wanted easy truck access for the
dumpster.
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 necessar y 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 construction of a new 8’ high dumpster enclosure
located at approximately 1.3’ from front property line, which is less than the 30’ required
by Village of Cayuga Heights Zoning Section 6: Yards.
ZBA Appeal No. 2014-3 Res. (April 7, 2014)
Conditions of Variance:
1) This decision is subject to a final SEQR determination as advised by the Village
attorney.
2) This variance expires if the neighboring road right of way is developed at any
time.
3) The enclosure must be built substantially as indicated in the plans submitted to the
Board.
4) The enclosure must be finished in a similar fashion as the exterior of the
apartment complex.
The vote on the foregoing motion was as follows:
AYES: A. Shull NAYS: M. Eisner
K. Sigel
R. Parker
J. Young
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 January 6,
2014.
_________________________________
Deputy Village Clerk
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
April 9, 2014.