HomeMy WebLinkAbout02-02-2009Minutes
For the
Village of Cayuga Heights
Zoning Board of Appeals Public Hearing and Meeting
Held on February 2. 2009
Meeting was called to order at 7:07 PM
Present: Chairman John Young; Members Fred Cowett, Peter McClelland, Bob Powers,
and Alternate Member Sally Grubb
Absent: Member Sara How and Alternate Member Alison Smith; Brent Cross, Code
Enforcement Officer
Others: Mary Jane Neff, Secretary
Guest: Pamela Quirk and Bonnie MacDougall (120 Sunset Dr.)
Due to Code Officer Cross’s absence from tonight’s meeting, Chairman Young asked it
the Board wished to proceed. The consensus of the Board was to proceed.
Chairman Young opened the meeting and explained the procedures to the applicant and
guest. The public hearing is open and the applicant presents the justification for
requesting a variance. Board and guests may ask questions of the applicant. The public
hearing is closed and the Board will discuss the request and ask the applicant additional
questions, if deemed necessary. A decision may be rendered at that time; however, the
board can request additional information from the applicant or the code officer and
adjourn for up to 62 days before making a decision.
Pam Quirk explained that she had been a long time resident of the Village and that her
house had been built in the 1950s. She explained that she has had most of the rooms
updated, but to update the master bath and bedroom an addition would be needed to
increase the size of the bathroom and allow for a walk-in closet both of which are
desirable to her. To add an addition of appropriate size will increase lot coverage from
11.9% to 12.7% which exceeds the zoning requirement of 12% lot coverage.
Bonnie MacDougall commented that all of the houses in the Sunset Park area have been
updated and most have had additions. She did not feel that the request was out of line in
comparison to the neighboring properties.
Chairman Young stated that a letter from the neighbors at 200 Sunset Park had been
received and the Board reviewed and discussed this neighbor’s opposition to granting a
variance.
The public hearing was closed at 7:30 PM.
The ZBA discussion was opened at 7:30 PM. The applicant and guests were requested to
not comment at this time unless a Board member asks the applicant a question.
The Board considered the criteria set by New York State Laws which is to consider the
benefit to applicant if granted and to consider the detriment to the neighborhood and the
community if the area variance is granted. To reach a decision the Board discussed the
following:
Can the applicant benefit by another feasible means? It was the consensus of the Board
that other than adding a second story to the structure which would affect the
neighborhoods’ lake-view even more that an increase in lot coverage would have the
least effect on the neighborhood.
Would the granting of an area variance to this property change the character of the
neighborhood or nearby properties? The consensus of the Board was that granting an
area variance would not change the character of the neighborhood or nearby properties.
Is the request for a .7% increase in lot coverage substantial? After some discussion, it
was the consensus of the Board that it was not a substantial request.
Will this request of this area variance have an adverse physical or environmental effect
on the community? The consensus of the Board was that this request would not have an
adverse physical or environmental effect on the community.
Was this request self-created by the applicant? It was noted that most area variance
requests are self created by the applicant. This request is self-created because the
applicant would like to increase the size of the master bathroom and closet space. It was
also noted that, since this answer was a “yes” consensus of the Board, it would not be the
final determination of this Board in granting or denying the applicant’s request.
On a motion by Peter McClelland, seconded by Robert Powell the following was
passed with 4 ayes and 1 abstention:
RESOLVED, that area variance for 112 Corson Place, tax map #13.-5-1, to
increase the lot coverage from 11.9% to 12.7% is hereby granted.
There being no other business to be brought before the Zoning Board of Appeals this
meeting was adjourned at 7:47 PM.
Respectfully submitted,
Mary Jane Neff
PUBLIC NOTICE
NOTICE is hereby given that on February 2, 2009 the Village of Cayuga Heights Zoning Board
of Appeals will conduct a Public Hearing(s) at the Village Hall, 836 Hanshaw Road, to consider
the following application(s):
7:00 pm: Variance request by Pamela Quirk (owner), to construct a 180sf addition on the house
at 112 Corson Place (tax parcel 13-5-1), which will result in a lot coverage of 12.7% which
greater than the 12.0% allowed by the Village of Cayuga Heights Zoning Ordinance Section 7:
Lot Coverage.
Brent Cross, Zoning Officer
January 21, 2009