HomeMy WebLinkAboutzoning board minutes - March 6, 2000.pdf 1
Minutes of Public Hearings
March 6, 2000
Village of Cayuga Heights
Zoning Board of Appeals
Present: Chairman David Allee, Members David Donner, Kenneth Robinson, and Robin
Cisne, Zoning Officer Brent Cross, Village Clerk Elizabeth Kord
Others: Virginia and Robert Powers, Kathleen Taylor, Page Webb. John and Francille
Firebaugh, Patrick Hyde, Michael Q. Curry, Darryl Brown representing homeowner
Lorrie Penfield M.D.
Chairman Allee called the Public Hearing re: 106 The Parkway to order at 7:00
PM. and gave a brief description and explanation of the process of appeal to be followed
during the hearing. He continued with an over view of the matter at hand. John and
Virginia Powers, property owners at 106 The Parkway requested a zoning variance from
the Board since their request for a Zoning Permit to build an addition to their was denied
by Zoning Office Cross. The Site Plan submitted indicates that the building would result
in lot coverage of 20%, which is greater than the 12% allowed in a Residential Distr ict,
SECTION 7 of the Village of Cayuga Heights Zoning Ordinance (Nov. 1993).
Mr. Powers gave a brief history of the property, noting that the size of the lot was
determined in 1934, before present day zoning regulations were enacted. He gave a
description of the proposed addition, referring to his letter to the ZBA of February 24,
2000, which is on file. Neighbor Francille Firebaugh, of 110 The Parkway, asked that if
the variance is approved that a landscape barrier be established between their properties .
Mr. Powers agreed to the additional landscaping and noted that there would be no
windows on the side of the addition facing the Firebaugh property. John Firebaugh
expressed his support for the proposed addition, adding that by making the home larger it
would better conform to the other houses in the neighborhood.
Mr. Allee read letters of support from Carol Warshawsky, Catherine Flack, Gary
and Vivian Fields, and John and Kristie O'Connor. There was one letter of dissent from
Page and Walt Webb, citing the negative effect on the neighborhood of a nonconforming
property. These letters are on file at the Village Office.
The Hearing was closed to Public comment at 7:20 PM. Robin Cisne asked to see
an elevation plan for the proposed addition, and was provided one by Mr. Powers.
Motion by David Donner, seconded by Robin Cisne,
VOTED to approve the issuance of a Zoning Permit to allow an addition to
the property owned by Robert and Virginia Powers at 106 the Parkway. Siding,
window style, and overall architecture to match the original to the extent that is
possible. Landscape barriers to be provided as is feasible. Zoning Board Members
Allee, Donner, Robinson and Cisne voted YES.
The Public hearing was closed at 7:30 PM.
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Chairman Allee called the Public Hearing open re: 842 Hanshaw Rd. at 7:31 PM.
Chairman Allee again explained the process and procedures to be followed with regard to
the Hearing. Zoning Officer Cross had denied Rerob, LLC (Express Mart) a Zoning
Permit since the Site Plan indicates that the building would be located within 12.1' of the
front yard, and 10' of the side and rear yards, which is less than the minimum of 30'
(front) and 35' (side) allowed; as well as a lot coverage of 28%, which is greater than the
15% allowed in the Commercial District, per SECTIONS 6 & 7 of the Village of Cayuga
Heights Zoning Ordinance (Nov. 1993).
Michael Curry of Whelan & Curry Construction Services, Inc. presented the
Board with a sheet of project information, which is on file, addressing questions of set
back, special use, building coverage and signage. Pat Hyde of Express Mart Corp. noted
that efforts have been made to purchase additional property from Elliott Rubinstein.
However, Dr. Rubinstein declined to sell. Express Mart has also tried to find alternat ive
locations on which to build. Mr. Hyde indicated that the plans for the new building have
been downsized as much as possible and still have the changes be worth while.
Darryl Brown, representing Lorrie Penfield, homeowner at 1106 Hanshaw Road
spoke against the proposed building. He felt that the building would be too large and
unsightly and would attract increased traffic and noise.
The Hearing was closed to Public comment at 7:40 PM. There was a brief
discussion by the members of the substantial size of the proposed structure and it's
negative impact on the neighborhood.
Motion by Robin Cisne, seconded by Kenneth Robinson,
VOTED to deny approval of a Zoning Permit for the purpose of demolishing
the existing building and constructing a new building at 842 Hanshaw Rd. Members
Allee, Robinson, Donner and Cisne voted NO.
The Public Hearing was adjourned at 7:45 PM.
Elizabeth Kord
Village Clerk