HomeMy WebLinkAboutZBA Appeal No. 2011-2 Res. July 12, 2011.PDFZBA Appeal No. 201 l-2 Res. July 12, 201 1
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON JULY Tz.zOLL FOR APPEAL NO. 2OTI-2
Motion made by:Jack Young
Motion seconded by: Anita Watkins
WHEREAS:
A. This matter involves consideration of the following proposed action: to
construct a fence and gate in the easterly side yard of 817 Triphammer Road
(tax parcel IL-2-29). Said fence and gate will be constructed with a height of
more than 4 feet and within thel5 foot side-yard setback area required by
Section 6 of the Village of Cayuga Heights Zoning Ordinance; and
B. On JuIy 12,2011, the Village of Cayuga Heights Zoning Board of Appeals
helcl 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 July 12, 2011, in 4ccordance with Article 8 of the New York State
Environmental Conservation Law - the State Environmental Quality Review
Act ("SEQR), and 6 NYCRR Section 617.5, the Village of Cayuga Heights
Zoning Board of Appeafs determined that the proposed action is a Type II
action, and thus may be plocessed without further regard to SEQR; and
D. On fuly 12,2011, in accordance with Section 712-b of the Village Law of the
Stale of New York and {illage of Cayuga Heights Article IX$21, the Village
of Cayuga Heights Zqnng Board of Appeals, in the course of its
deliberations, took into rionsideration the benefit to the applicant if the area
variance is granted as weiighed against the detriment to the health, safety and
welfare of the neighborhciod or communityby such grant;
NOW,'IHEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The, Village of Cayuga fleights Zoning Board of Appeals hereby makes the
following findings with fespect to the specific criteria for such area variance
as set forth in Section 7I\-b of the Village Law of the State of New York and
Village of Cayuga Heigh{s Article IXg21:
ZBA AppealNo.20ll-2 Res. July 12,2011
wether an undesirable change will pe produced in the character of the
neighborhood or detriment to nearbyproperties will be created by
granting the area variance.
Finding:
YES_ NO X , becapse: there is a lot of neighbor
support, the fence/gate is propbrtionate to the house and the rest of
the fence, and the non-compliant part of the fencelgate will be less
than 10 feet in lensth."i
Wether the benefit sought by the apptlicant can be achievect by some
methodfeasible.for the applicant to pursue other than an area variance.
i
Finding:
;
YES X NO_, becaupe: the applicant coulcl build a 4 foot
fence and not need the variance or the applicant cound leave the
space open completely,
I
Wether the requested area variance'is substantial.
Finding:
iYES_ NO X , becaqse: the fence/gate is less than 10 feet
in length and will not occupy the entire 15 foot required setbackatea.
I
Wether 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 , b..u.ir., the rest of the yard is open and
deer or other animals may travel through the yard without
hindrance. Also, only a portion of the setback is being impacted
and no physical change to the natural landscape will be made.
Wether the alleged dfficutty was seljl.created.
Finding:
ZBA Appeal No. 201 1-2 Ros' July 12' 201 I
YESXNO-,because:theapplicantdoesnotngedto
construct the fence/gate within the setback area'
1, It is hereby determined by the Village of Cayuga Heights ZotingBoard of
A,ppeals that the following variance is cn.q5rnu AND APPRSyED (with
."rrditiotrr, 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 an{ protect the character of the neighborhood and the
health, safety and welfare of the community:
Dpssrrpdsl-quariance:
the applicant has been granted a variance to construct a fence and gate in the
easteiiy side yard of 817 Triphammer Road (tax parcel lr'-2-29). Said fence
and gaie will be constructed with a height of more than 4-feet and within
theiS foot side-yard setback area required by Section 6 of the Village of
Cayrga Heights Zonrng Ordinance'
Conditions of Variance:
l. 'fhe edge of the fence/gate will not be less than 5feet from the easterly
property line; and
2. fhe treight of the fenc[/gate will be no taller than the height of the^existing
fence, as shown on thd p-ictures submitted to the ZBA onJuly 12,20II.
The vote on ther foregoing motion as follows:
AYES:
NAYS:
John Young
Kirk Sigel
Alison Shull
Mark Eisner
Anita Watkins
None
The motion was declared to be carri
ZBA Appeal No. 20I 1-2 Res. July 12, 201 I
STATE OF NEW YORK)
cor_rNTY OF TOMPKTNS) SS:
VILLAGE OF CAYUGA HEIGHTS)
,.I, Angela Korbel, Deputy Village C
do hereby certify that the attached Resolution is an
of the Village of Cayuga Heights,
Village of Cayuga Heights Zoning Board of A
2011.
A copy oJsaidresolution being sent to the applicanJuly 15 , 2011
:act copy of the same adopted by the
ls at a regular r.neeting on July 12,
Village Clerk
of Cayuga Heiglts
and filed with the Village Clerk on
vil