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HomeMy WebLinkAbout1.8.2024 Minutes 1 ZONING BOARD OF APPEALS June 3, 2024 Zoom Link ID 4118425407 Present: ZBA Chair: L. Staley, Members: R. Parker, M. Tate, D. Szpiro, Attorney R. Marcus, Deputy Clerk A. Jacot & Applicant J. Gorsky Zoom: Code Enforcement Officer B. Cross, Attorney R. Kawecki & Mayor L. Woodard Absent: Member S. Barnett & M. Friend 1. Call to Order- ZBA Chair, L. Staley calls the meeting to order at 7:03 p.m. • ZBA Chair, L. Staley appoints Alternate D. Szpiro an acting voter, filling S. Barnett’s spot. 2. Approval of Meeting Minutes: October 2, 2023 BE IT RESOLVED THAT: The Village of Cayuga Heights Zoning Board of Appeals approves the October 2, 2023, minutes as presented. Motion: R. Parker Second: M. Tate Ayes: ZBA Chair, L. Staley Members: R. Parker, M. Tate & D. Szpiro Nays: None Abstentions: None Motion Carried 3. Public Comment- No members of the public wish to speak. 3. Variance Request- ZBA Chair, L. Staley introduced the 408 E. Upland Rd. case to the public and explained the lawful procedural order in which the meeting will be conducted. Code Enforcement Officer B. Cross was asked to describe the reason(s) in which the application for a freestanding sign permit at 408 E. Upland Rd. was denied, hence why an area variance was needed. Code Enforcement Officer B. Cross explained the current code does not allow any commercial space with 2 or less tenants to have a free-standing sign. 2 Attorney R. Marcus clarified a commercial space with 3 or more tenants may have a free-standing sign. The footprint of the building has no bearing, only the number of tenants. ZBA Chair, L. Staley asked why there is a free-standing sign at the 410 E. Upland Rd property, which does not have 3 tenants. Code Enforcement Officer B. Cross explained that in the past the property had 3 or more tenants, this is when the sign was erected. When the property was obtained by the current owner, the sign was grandfathered in. The allowance for any zoning condition runs with the property, not with the owner. ZBA Chair, L. Staley asked if the previous free-standing sign at 408 E. Upland Rd. hadn’t been torn down, would that have been grandfathered in. Code Enforcement Officer B. Cross said “yes”. Additionally explaining that if the free-standing sign at 410 E. Upland Rd. ever gets torn down, a new sign could not be erected without an area variance. ZBA Chair, L. Staley asked Applicant J. Gorsky the comparison between the proposed 408 E. Upland Rd. sign and the free-standing sign at the neighboring property he also represents at 410 E. Upland Rd. Applicant J. Gorsky explained the 2 signs would be almost the same, both perpendicular, same size & look. He also explained that their preference is to not put anything in the windows to diminish the character of the building. J. Gorsky says most of their traffic goes to the building at 410 E. Upland Rd. Member R. Parker asked why a free-standing sign is needed if very little, if any, traffic will go to 408 E. Upland Rd.? Applicant J. Gorsky says they would like to keep the two buildings uniform, to look very similar. They would like to have a nice sign out in front of both buildings. Additionally, specific departments do utilize 408 E. Upland Rd. as well as meetings sometimes take place there. Public Hearing: ZBA Chair, L. Staley opens the Public Hearing at 7:15 p.m. ZBA Chair, L. Staley stated there is no one present to speak; however, Code Enforcement Officer B. Cross received an email from the resident at 406 E. Upland Rd. which reads as follows. 3 Hi Brent As the resident at 406 E Upland Road I wanted you to know that I have looked at the proposed sign and its location for 408 E Upland Road as presented to the Zoning Board of Appeals in the variance request. I have no objection to the proposed sign or location as presented. I would, however, like to be informed if any substantial changes are requested as to the sign or its location from the current variance request. Thank you! Ilene Code Enforcement Officer B. Cross stated he had a conversation with another adjacent property owner, Joy Barr, and clarified with her, and now with Eileen, that there were no outstanding issues relative to the construction. They were both satisfied that the construction project had met their expectations. ZBA Chair, L. Staley closes the Public Comment at 7:22 p.m. An application to erect a free-standing sign at the above referenced address has been denied. The sign is proposed to be located on a parcel with only two businesses, which is not allowed according to the Village of Cayuga Heights Zoning Ordinance Section 305-69.8.3 Commercial Signs. The applicant is seeking an area variance to allow the sign to be installed as proposed. Attorney R. Marcus explained the Short Environmental Assessment Form. He then asked the Zoning Board of Appeals members the 11 questions on Part 2 of the SEAF. Part 1 4 Part 2 5 A motion that the proposed action will not result in any significant adverse environmental impacts. Motion: R. Parker Second: M. Tate Ayes: ZBA Chair, L. Staley Members: R. Parker, M. Tate & D. Szpiro Nays: None Abstentions: None Motion Carried 6 The Village of Cayuga Heights Zoning Board of Appeals hereby makes the following findings with respect to the criteria for an area variance as set forth in Village Law of the State of New York Section 712-b and Village of Cayuga Heights Zoning Ordinance Section 21: 1. 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. Findings: Direct neighbor is not opposed. This property previously had signage approximately the same size. The new sign will match the existing sign at 410 E. Upland Rd. The proposed sign is consistent with other commercial signs around Community Corners. Determination: YES_____ NO __X___ 2. Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. Findings: Yes, however, it would block the windows. It would be hard to find an appropriate location due to the amount of glass. To put it on the building it would be very low and diminish the character of the building. Determination: YES__X___ NO _____ 3. Whether the requested area variance is substantial. Findings: Yes, because either there is a sign or there is no sign. Determination: YES__X___ NO _____ No, because the same sign of the same size would be permitted with no variance if there was a third tenant in the building. Determination: YES_____ NO __X___ 4. Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Findings: Referring to the SEAF, there will be no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Determination: YES_____ NO __X___ 7 5. Whether the alleged difficulty was self-created. Findings: They would not need a variance if they attained another tenant. They could put the sign on the building. Determination: YES__X___ NO _____ Motion made to approve variance is as follows: WHEREAS: At its regular meeting on January 8, 2024, the Village of Cayuga Heights Zoning Board of Appeals has considered the application of 408 Upland Road, LLC for an area variance for a free-standing sign that the applicant desires to install at 408 East Upland Road; and WHEREAS: The Zoning Board of Appeals has conducted a public hearing at its January 8, 2024 meeting to seek comments from the public, and WHEREAS: The Zoning Board of Appeals has determined that this variance request is an Unlisted Action under the SEQRA regulations at NYCRR Section 617, the Zoning Board has reviewed the SEQRA Short Environmental Assessment Form in accordance with said regulations, and the Zoning Board has made a determination of no significant negative environmental impacts, now, therefore, BE IT RESOLVED THAT: The Zoning Board of Appeals has made findings in accordance with NYS Village Law 7-712-b(3)(b) and Village of Cayuga Heights Code Section 305-132(E)(2)(b), and the Zoning Board has determined that the benefit to the applicant if the variance is granted is greater than the detriment to the health, safety and welfare of the neighborhood or community; and BE IT RESOLVED THAT: The Zoning Board of Appeals grants the Area Variance requested by Sciarabba & Walker, LLP, as agent for 408 Upland Road, LLC, for the installation of a new free-standing sign at 408 East Upland Road (tax parcel 10-3-6), to be built substantially as proposed, with the condition that the Village Engineer must approve proper sight distance for the location and height of the sign prior to issuing a permit. Motion: R. Parker Second: D. Szpiro Ayes: ZBA Chair, L. Staley Members: R. Parker, M. Tate & D. Szpiro Nays: None Abstentions: None Motion Carried 5. New Business: No new business at this time. 6. Adjournment: ZBA Chair, L. Staley, adjourns the meeting at 9:06