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HomeMy WebLinkAbout7.7.2025 (ZBA) Minutes 1 ZONING BOARD OF APPEALS July 7, 2025 Present: ZBA Chair: L. Staley, Members: R. Parker, D. Szpiro, M. Tate; Village Clerk Walker; Attorney O. Shah; Applicant John Guo; Project Architect, Jose Guisado Zoom: Code Enforcement Officer B. Cross, Mayor L. Woodard Absent: Member: S. Barnett, M. Friend 1. Call to Order-ZBA Chair, L. Staley, calls the meeting to order at 7:00 p.m. 2. Approval of Meeting Minutes: June 2, 2025 BE IT RESOLVED THAT: The Village of Cayuga Heights Zoning Board of Appeals approves the June 2, 2025, minutes as presented. Motion: R. Parker Second: M. Tate Ayes: L. Staley, R. Parker, M. Tate Nays: None Abstentions: D. Szpiro Motion Carried 3. Public Comment- No members of the public wish to speak. 4. Variance Request Continuation: ZBA Chair, L. Staley, states that an application to construct a new addition at 306 Highland Road has been denied since the addition would result in a lot coverage of 17.1% which exceeds the maximum of 15% allowed by the Village of Cayuga Heights Zoning Ordinance Section 305-29 A: Lot Coverage in Multiple Housing District. ZBA Chair, L. Staley states that, at this point, we are going to continue the Public Hearing on this request. Village Superintendent of Public Works B. Cross states that since we last met, the Village Planning Board has had a chance to take a look at this project. 2 Village Superintendent of Public Works B. Cross states that the Village Planning Board conducted SEQR review and determined that this project would have no significant environmental impact. Village Superintendent of Public Works B. Cross states that the Village Planning Board is tasked with Site Plan Review. Our business tonight is only to deny or approve the variance request of lot coverage. Village Superintendent of Public Works B. Cross states that the applicant is in the multiple housing district, which triggers a GML 239-M response from Tompkins County. Village Superintendent of Public Works B. Cross states that we received notice back from the county with no recommendations for the Village Zoning Board of Appeals, other than suggesting that the project, if approved, uses energy-efficient LED exterior lighting. ZBA Chair, L. Staley suggests that B. Cross share some information about a previously granted variance for this property with regard to parking restrictions. Village Superintendent of Public Works B. Cross states that our Zoning ordinance requires one parking space for every apartment and one additional space for every three units. This would require twenty parking spaces with this new addition. Village Superintendent of Public Works B. Cross states that the original variance (1988) was for the property to allow parking right next to the sidewalk, which was not allowed in the front yard setback. The Zoning Board of Appeals approved that variance as long as there was a ten-foot-wide strip of vegetation or hedge buffer. Project Architect Jose Guisado states that he has provided revised parking drawings that they will present to the Village Planning Board in a request for a parking reduction. ZBA Chair, L. Staley states that she can see from the drawings that there will be substantial landscaping and plantings to create a buffer from the sidewalk. Project Architect, Jose Guisado, confirms that it is the case. ZBA Member D. Szpiro states he would like to know how the 2.1% additional lot coverage translates into square feet. Based on the calculation, the square footage requested is 688ft. Village Superintendent of Public Works B. Cross states that it is correct. 3 Project Architect Jose Guisado, states that he wanted to point out that the driveway entrance was calculated incorrectly. The current identified width is 25-26 ft., and in reality, it is almost 38 ft. wide. This will allow for overflow parking. ZBA Chair, L. Staley states that there were no public comments submitted, and therefore, we will close the Public Hearing at 7:26 p.m. and move on to the Zoning Board of Appeals' five required questions. 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 a detriment to nearby properties will be created by granting the area variance. Findings: The new addition fits the characteristics of the neighborhood because it is within the multi-household district, and density is higher, and it is within walking distance of Cornell University. The neighborhood is not residential, and the property will be screened from the road and other properties. 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: The proposed addition requires a larger floor plan to meet the rental demands for three-bedroom apartments. The current four-bedroom plan does not make it possible to accomplish full capacity and cannot be constructed in any other way without decreasing room sizes. Determination: YES_____ NO __X___ 3. Whether the requested area variance is substantial. 4 Findings: There is a 14% increase in lot coverage, but there is a 2.5% decrease in open space. 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: SEQR findings by the Village Planning Board have determined that there is no environmental impact. The physical change with this addition will be an added benefit to the structure and neighborhood. Determination: YES_____ NO __X___ 5. Whether the alleged difficulty was self-created. Findings: They do not “have” to build the addition, but the owners want to make the property more attractive and financially viable. Determination: YES__X___ NO _____ Motion made to approve the variance is as follows: WHEREAS: At the regular meeting on July 7, 2025, the Village of Cayuga Heights Zoning Board of Appeals has considered the application of 306 Highland Road (tax parcel 15-6-6), to build a new 35.5’ x 49’ addition on the front of the house which will result in a lot coverage of 17.1%, which is more than the 15% allowed by the Village of Cayuga Heights Zoning Ordinance Section 305-29.A: Lot Coverage in the Multiple Housing District. WHEREAS: The Zoning Board of Appeals has conducted a public hearing at the July 7, 2025, meeting to seek comments from the public, and WHEREAS: The Zoning Board of Appeals has determined that this variance request is a Type 2 action under SEQR by virtue of section 617.5 (9) C- Exempts construction or expansion of primary or accessory/permanent on residential structure or facility involving less than 4000 square feet of gross floor area and not involving a change in zoning or use variance. 5 WHEREAS: The Zoning Board of Appeals has reviewed the SEQR Short Environmental Assessment Form from the Village Planning Board in accordance with said regulations, and accepts the Village Planning Boards determination that no significant negative environmental impacts, WHEREAS: The Zoning Board of Appeals encourages the Village Planning Board to consider the recommendation from Tompkins County to utilize energy-efficient LED exterior lighting, 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 John Guo, owner of 306 Highland Road, with the understanding that this project is to be built substantially as presented to this Board. Motion: R. Parker Second: M. Tate Ayes: L. Staley, R. Parker, D. Szpiro M. Tate 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 7:50 p.m.