HomeMy WebLinkAbout2016 Deerborn Place Resolution.pdfZBA Appeal No. 2015-6Res. (November 2, 2015)
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON (NOVEMBER 2, 2015) FOR APPEAL NO.2015-6
Motion made by: K. Sigel
Motion seconded by: A. Watkins
WHEREAS:
A. This matter involves consideration of the following proposed action: granting of
an area variance to allow 10 unrelated persons to occupy a single family dwelling,
which is more than the maximum of 4 unrelated persons allowed according to
Village of Cayuga Heights Local Law #6 of 2010: Occupancy Requirements. The
property in question is known as 216 Deerborn Place (see attached map) tax map
# 14.-5-6; and
B. On November 2, 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 November 2, 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)(13), 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 November 2, 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. 2015-6Res. (November 2, 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: The neighborhood consists of institution, apartment, rental,
co-ops, fraternity/sorority, and single family uses. The proposed use is consistent with the
neighborhood.
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 goal is to have 10 people share a common living space in
a single dwelling unit and to preserve the architectural integrity of the house.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because: A 2 ½ times the allowed occupancy increase is substantial,
but is mitigated because a compliant development could have the same number of
unrelated occupants or more.
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: There is no anticipated new exterior construction or
significant changes in impervious surfaces.
Whether the alleged difficulty was self-created.
Finding:
YES X NO______, because: The applicant desires to obtain the variance.
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. 2015-6Res. (November 2, 2015)
Description of Variance:
Granting of an area variance to allow 10 unrelated persons to occupy a single family
dwelling, which is more than the maximum of 4 unrelated persons allowed according to
Village of Cayuga Heights Local Law #6 of 2010: Occupancy Requirements.
Conditions of Variance:
The property will be subject to Multiple Housing District rules as they apply to non-“1
and 2 family residences” in the Multiple Housing District.
The vote on the foregoing motion was as follows:
AYES: A. Watkins NAYS: None
A. Shull
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 November
2, 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
November 4, 2015