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HomeMy WebLinkAboutZBA 4-7-2014 minutes.pdfF:\ZBA\ZBA 2014\April 2014\ZBA 4-7-2014 minutes.doc - 1 - Minutes for the Village of Cayuga Heights Zoning Board of Appeals Meeting April 7, 2014 Present: Members Chair J. Young, A. Shull, R. Parker, K. Sigel, Alternates M. Eisner and S. Manning Code Enforcement Officer B. Cross, VCH Deputy Clerk A. Podufalski 1. Meeting called to order  Meeting called to order by Chair J. Young at 7:05 pm.  Chair J. Young appointed Alternate M. Eisner as a voting member for the meeting. 2. Variance Applications A. 878 Highland Road  Chair J. Young reviewed the public notice.  Code Enforcement Officer B. Cross gave a background summary on the case.  The agent for the applicant explained further details regarding the variance request.  Public comment- No members of the public wished to comment.  In the absence of an attorney, the Board determined the variance request is a Type II action exempt under Section 617.5(c) of SEQR based on findings from previous cases.  The Board answered the findings questions as follows: VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS RESOLUTION ADOPTED ON (APRIL 7, 2014) FOR APPEAL NO. 2014-2 Motion made by: M. Eisner Motion seconded by: R. Parker WHEREAS: A. This matter involves consideration of the following proposed action: granting of an area variance to allow construction of a second floor addition w ith a height of 28.75’, which is more than the 25’ allowed by Village of Cayuga Heights Zoning F:\ZBA\ZBA 2014\April 2014\ZBA 4-7-2014 minutes.doc - 2 - Section 5: Height of Buildings. The property in question is known as 878 Highland Road (see attached map) tax map # 7.-4-1.6 and B. On April 7, 2014 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 Board’s deliberations; and C. On April 7, 2014 in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act (SEQR), and 6 NYCRR Section 617.5 (c), 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 D. On April 7, 2014 in accordance with Section 712-b of the Village Law of the State of New York and Village of Cayuga Heights Article IX #21, the Village of Cayuga Heights Zoning Board of Appeals, in the course of its deliberations, took into consideration the benefit to the applicant if the area variance is granted as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The Village of Cayuga Heights Zoning Board of Appeals hereby makes the following findings with respect to the specific criteria for such area variance as set forth in Section 712-b of the Village Law of the State of New York and Village of Cayuga Heights Article IX #21: 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. Finding: YES______, NO X because: 1) The front of the house is compliant. 2) The neighbors had no objections. 3) A two story house conforms better to the neighborhood. Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance. F:\ZBA\ZBA 2014\April 2014\ZBA 4-7-2014 minutes.doc - 3 - Finding: YES______, NO X because: The only other alternative would be less appealing. Whether the requested area variance is substantial. Finding: YES______, NO X because: There is only a 14% change. Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Finding: YES______, NO X because: There will be no change in the existing footprint. Whether the alleged difficulty was self-created. Finding: YES X NO_____ because: The applicant wants the addition. It is hereby determined by the Village of Cayuga Heights Zoning Board of Appeals that the following variance is GRANTED AND APPROVED (with conditions, if any, as indicated), it being further determined that such variance is the minimum necessary and adequate to grant relief and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community: Description of Variance: Granting of an area variance to allow construction of a second floor addition with a height of 28.75’, which is more than the 25’ allowed by Village of Cayuga Heights Zoning Section 5: Height of Buildings. Conditions of Variance: The enclosure must be built substantially as indicated in the plans submitted to the Board. The vote on the foregoing motion was as follows: F:\ZBA\ZBA 2014\April 2014\ZBA 4-7-2014 minutes.doc - 4 - AYES: A. Shull NAYS: K. Sigel R. Parker J. Young M. Eisner The motion was declared to be carried. B. 8 Country Club Road  Chair J. Young reviewed the public notice.  Code Enforcement Officer B. Cross gave a background summary on the case.  The agent for the applicant explained further details regarding the variance request.  Public comment- No members of the public wished to comment.  In the absence of an attorney, the Board discussed if the variance request is a Type II action exempt under Section 617.5(c) of SEQR based on findings from previous cases. The Board proceeded under the determination the variance is likely a Type II action exempt under SEQR with the understanding they would confirm the finding with the Village attorney.  The Board answered the findings questions as follows: VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS RESOLUTION ADOPTED ON (APRIL 7, 2014) FOR APPEAL NO. 2014-3 Motion made by: R. Parker Motion seconded by: K. Sigel WHEREAS: A. This matter involves consideration of the following proposed action: granting of an area variance to allow construction of a new 8’ high dumpster enclosure located at approximately 1.3’ from front property line, which is less than the 30’ required by Village of Cayuga Heights Zoning Section 6: Yards. The property in question is known as 8 Country Club Road (see attached map) tax map # 14.-2-6.2 and B. On April 7, 2014 the Village of Cayuga Heights Zoning Board of Appeals held a public hearing regarding such action, and thereafter thoroughly reviewed and F:\ZBA\ZBA 2014\April 2014\ZBA 4-7-2014 minutes.doc - 5 - 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 Board’s deliberations; and C. On April 7, 2014 in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act (SEQR), and 6 NYCRR Section 617.5 (c), 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 D. On April 7, 2014 in accordance with Section 712-b of the Village Law of the State of New York and Village of Cayuga Heights Article IX #21, the Village of Cayuga Heights Zoning Board of Appeals, in the course of its deliberations, took into consideration the benefit to the applicant if the area variance is granted as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The Village of Cayuga Heights Zoning Board of Appeals hereby makes the following findings with respect to the specific criteria for such area variance as set forth in Section 712-b of the Village Law of the State of New York and Village of Cayuga Heights Article IX #21: 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. Finding: YES______, NO X because: The enclosure would be more visually pleasing, but this is mitigated because the location is not optimal. Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance. Finding: YES______, NO X because: The enclosure technically could be re-located, but it would be less efficient. F:\ZBA\ZBA 2014\April 2014\ZBA 4-7-2014 minutes.doc - 6 - Whether the requested area variance is substantial. Finding: YES X NO______, because: This is mitigated because the street is not open and the structure only covers a small portion of the property line. Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Finding: YES______, NO X because: The enclosure would limit animal access to the dumpsters. Whether the alleged difficulty was self-created. Finding: YES X NO_____ because: the applicant wanted easy truck access for the dumpster. It is hereby determined by the Village of Cayuga Heights Zoning Board of Appeals that the following variance is GRANTED AND APPROVED (with conditions, if any, as indicated), it being further determined that such variance is the minimum necessary and adequate to grant relief and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community: Description of Variance: Granting of an area variance to allow construction of a new 8’ high dumpster enclosure located at approximately 1.3’ from front property line, which is less than the 30’ required by Village of Cayuga Heights Zoning Section 6: Yards. Conditions of Variance: 1) This decision is subject to a final SEQR determination as advised by the Village attorney. 2) This variance expires if the neighboring road right of way is developed at any time. 3) The enclosure must be built substantially as indicated in the plans submitted to the Board. 4) The enclosure must be finished in a similar fashion as the exterior of the apartment complex. F:\ZBA\ZBA 2014\April 2014\ZBA 4-7-2014 minutes.doc - 7 - The vote on the foregoing motion was as follows: AYES: A. Shull NAYS: M. Eisner K. Sigel R. Parker J. Young The motion was declared to be carried. 3. Approval of Minutes APPROVING MINUTES OF JANUARY 6, 2014 RESOLVE that the written, reviewed and revised minutes of January 6, 2014 meeting are hereby approved with Alternate M. Eisner abstaining. 4. Other Business  No other business discussed. 5. Adjourned  Meeting adjourned at 8:011pm.