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HomeMy WebLinkAbout105 Berkshire Road Resolution Form.pdfZBA Appeal No. 2015-5 Res. (October 5, 2015) VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS RESOLUTION ADOPTED ON (SEPTEMBER 8, 2015) FOR APPEAL NO.2015-5 Motion made by: A. Watkins Motion seconded by: M. Eisner WHEREAS: A. This matter involves consideration of the following proposed action: granting of an area variance to allow a new lot to be subdivided with 38.33’ road frontage, which is less than the 75’ required by the Village of Cayuga Heights Zoning Ordinance Section 7.b: Building Coverage Requirements. The property in question is known as 105 Berkshire Road (see attached map) tax map # 2.-8-2.1; and B. On October 5, 2015 and September 8, 2015 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 October 5, 2015 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 October 5, 2015 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. 2015-5 Res. (October 5, 2015) 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: It appears the requested variance would not be significantly different from other lots in the neighborhood, including lots on Highgate Rd. and North Sunset, that have reduced or no road frontage. 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: Yes, but alternative options for subdividing the parcel might require more than one variance. Whether the requested area variance is substantial. Finding: YES X NO______, because: The requested variance which is reducing frontage by approximately 50% is substantial. 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 lots meet minimum area, dimensional, and all other requirements. Whether the alleged difficulty was self-created. Finding: YES X NO______, because: The applicant is choosing to subdivide 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 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 Appeal No. 2015-5 Res. (October 5, 2015) Description of Variance: Granting of an area variance to allow a new lot to be subdivided with 38.33’ road frontage, which is less than the 75’ required by the Village of Cayuga Heights Zoning Ordinance Section 7.b: Building Coverage Requirements. Conditions of Variance: 1) Parcel B's width at the road must be no less than 38 feet. 2) Subdivision approval must be obtained from the Planning Board for essentially the same subdivision submitted to this Board. 3) Both lots share the existing curb cut and share the existing driveway as much as possible. 4) Parcel A can only be used by at most 2 unrelated occupants or a single family with no unrelated occupants. 5) This Board requests that the Planning Board consider the following as a condition of subdivision approval: a) Any buildings, structures, or impervious surfaces built on Parcel A must obtain site plan approval from the Planning Board. The vote on the foregoing motion was as follows: AYES: A. Watkins NAYS: None M. Eisner K. Sigel 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 October 5, 2015 Deputy Village Clerk Village of Cayuga Heights A copy of said resolution being sent to the applicant and filed with the Village Clerk on October 6, 2015.