HomeMy WebLinkAbout817 Triphammer Road ResolutionZBA Appeal No. 2011-2 Res. July 12, 2011
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON JULY 12, 2011 FOR APPEAL NO. 2011-2
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 11.-2-29). Said fence and gate will be constructed with a height of
more than 4 feet and within the15 foot side-yard setback area required by
Section 6 of the Village of Cayuga Heights Zoning Ordinance; and
B.On July 12, 2011, 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 July 12, 2011, 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, 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 July 12, 2011, 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:
1.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:
ZBA Appeal No. 2011-2 Res. July 12, 2011
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: there is a lot of neighbor
support, the fence/gate is proportionate to the house and the rest of
the fence, and the non-compliant part of the fence/gate will be less
than 10 feet in length.
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 X NO______, because: the applicant could build a 4 foot
fence and not need the variance or the applicant could leave the
s p ace open co m p l et el y.
Whether the requested area variance is substantial.
Finding:
YES_____ NO X , because: the fence/gate is less than 10 feet
in length and will not occupy the entire 15 foot required setback
area.
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 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.
Whether the alleged difficulty was self-created.
Finding:
ZBA Appeal No. 2011-2 Res. July 12, 2011
YES X NO______, because: the applicant does not need to
construct the fence/gate within the setback area.
1.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:
the applicant has been granted a variance to construct a fence and gate in the
easterly side yard of 817 Triphammer Road (tax parcel 11.-2-29). Said fence
and gate will be constructed with a height of more than 4 feet and within
the15 foot side-yard setback area required by Section 6 of the Village of
Cayuga Heights Zoning Ordinance.
Conditions of Variance:
1.The edge of the fence/gate will not be less than 5feet from the easterly
property line; and
2.The height of the fence/gate will be no taller than the height of the existing
fence, as shown on the pictures submitted to the ZBA on July 12, 2011.
The vote on the foregoing motion was as follows:
AYES: John Young
Kirk Sigel
Alison Shull
Mark Eisner
Anita Watkins
NAYS:None
The motion was declared to be carried.
ZBA Appeal No. 2011-2 Res. July 12, 2011
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
VILLAGE OF CAYUGA HEIGHTS)
I, Angela Korbel, 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 July 12,
2011.
_________________________________
Deputy Village Clerk
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
July _____, 2011