HomeMy WebLinkAbout511 Kline Rd. Resolution Form.pdfZBA Appeal No. 2015-7Res. (December 7, 2015)
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON (DECEMBER 7, 2015) FOR APPEAL NO.2015-7
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 the roof over the front porch/stoop to be constructed up
to the front property line, which is less than the 25’ minimum required by the
Village of Cayuga Heights Zoning Section 6: Yard Requirements. The property in
question is known as 511 Kline Rd. (see attached map) tax map # 15.-6-2; and
B. On December 7, 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 December 7, 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)(12), the Village of Cayuga Heights
Zoning Board of Appeals determined that the proposed action is a Type II action,
and thus may be considered by the Board without further action under SEQR; and
D. On December 7, 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:
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:
ZBA Appeal No. 2015-7Res. (December 7, 2015)
YES_____ NO X because: A) The proposed change has only a modest impact on the
character of the neighborhood. B) There have been no objections from neighbors.
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: the minimal benefits sought by the applicant could have
been met with the original footprint of the old porch/stoop roof, however, they wish to
keep the newly-built structure.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because: A 0’ setback is substantial, however, the roof only extends
an additional 32” in relation to the length 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 only possible impact is a modest change in impervious
surface due to the increased roof coverage.
Whether the alleged difficulty was self-created.
Finding:
YES X NO______, because: they applicant built the new roof.
Additional Findings:
This Board finds, based on a survey provided to this Board when the applicant sought a
prior variance, that the front property line in the vicinity of the front stoop is
approximately 4 to 5 feet from the original face of the house. This corresponds,
approximately, with the edge of the original stoop foundation that still exists and is
currently being used to support the new stoop roof. This Board also finds that the new
stoop roof projects approximately 9 feet from the original face of the house, based on an
actual measurement.
The variance sought is for the portion of the new stoop roof that exists between the house
and the front property line. The portion of the new stoop roof that extends beyond the
ZBA Appeal No. 2015-7Res. (December 7, 2015)
property line is not, and cannot, be covered by this 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:
Description of Variance:
Granting of an area variance to allow a building overhang to be constructed up to the
front property line, which is less than the 25’ minimum required by the Village of Cayuga
Heights Zoning Section 6: Yard Requirements.
Conditions of Variance:
The structure remains substantially as built up to the property line.
The vote on the foregoing motion was as follows:
AYES: Chair J. Young NAYS: A. Shull
K. Sigel
A. Watkins
R. Parker
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 December 7,
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
December 10, 2015