HomeMy WebLinkAbout876 Highland Rd ResolutionZBA Appeal No. 2012-1 Res. February 6, 2012
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON FEBRUARY 6, 2012 FOR APPEAL NO. 2012-1
Motion made by: Alison Shull
Motion seconded by: Kirk Sigel
WHEREAS:
A. This matter involves consideration of the following proposed action:
interpretation of the Village of Cayuga Heights Zoning Ordinance Section 5: with
regard to how the height of buildings shall be calculated. The current language of
said Section 5 reads as follows:
SECTION 5. HEIGHT OF BUILDINGS
No building or structure shall be erected in a residence district so as to
exceed twenty-five (25) feet in height; or in any other district so as to
exceed thirty (30) feet in height.
The limitations of height shall not apply to chimneys, ventilators,
skylights, or other necessary features usually carried above roofs nor to
spires of churches or other buildings if such features are in no way used
for living purposes.
The height of a building shall be measured from the lowest point of the
base of the building at the elevation of the proposed grade line of the
ground to the average height between eaves and ridge for pitched roofs and
to the highest part of the parapet for flat roofs. In cases where the proposed
grade line of the ground is higher than the existing ground, the change must
be approved by the Zoning Officer at the time of issuance of the zoning
permit.
B. On February 6, 2012 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 Boards deliberations; and
C. On February 6, 2012, in accordance with Article 8 of the New York State
Environmental Conservation Law - the State Environmental Quality Review Act
(ASEQR), and 6 NYCRR Section 617.5, the Village of Cayuga Heights Zoning
Board of Appeals determined that the proposed action is a Type II action, and
thus may be processed without further regard to SEQR; and
ZBA Appeal No. 2012-1 Res. February 6, 2012
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Village of Cayuga Heights Zoning Board of Appeals hereby makes the
following interpretation of the Village of Cayuga Heights Zoning Ordinance
Section 5: Height of Buildings:
I. The Village Zoning Ordinance states: “The height of a building shall be measured
from the lowest point of the base of the building at the elevation of the proposed
grade line of the ground to the average height between eaves and ridge for pitched
roofs and to the highest part of the parapet for flat roofs.”
II. No portion of the perimeter, however narrow, shall be exempted from consideration
as the lowest point.
III. For example, in the case of Mr. John Novarr’s pool house, the “lowest point of the
base of the building at the elevation of the proposed grade line of the ground” is at
the bottom of the doorway to the existing basement.
IV. Based on the plans submitted by Mr. Novarr, this height appears to be approximately
30 feet 10 inches, which exceeds the maximum allowed height of 25 feet. Therefore,
a height variance is required for the proposed pool house addition.
The vote on the foregoing motion was as follows:
AYES: Unanimous - Anita Watkins, Alison Shull, Kirk Sigel, Mark Eisner,
Jack Young
NAYS: None
The motion was declared to be carried.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
VILLAGE OF CAYUGA HEIGHTS)
I, Angela 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 February 6,
2012.
_________________________________
Deputy Village Clerk
Village of Cayuga Heights
ZBA Appeal No. 2012-1 Res. February 6, 2012
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
February __________, 2012