HomeMy WebLinkAbout201 Cayuga Heights Rd ResolutionZBA Appeal No. 2012-34 Res. (Nov. 5, 2012)
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON NOVEMBER 5, 2012 FOR APPEAL NO. 2012-34
Motion made by: K. Sigel
Motion seconded by: A. Watkins
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow an existing wood fence to remain at the top of an
existing retaining wall, with a total combined height of 10.92’. The fence/wall
located at approximately 2.5 (closest point) to the front property line
(Wyckoff Road), which is less than the 25’ front yard setback required by
Zoning Ordinance Section 6. Yard Requirements. The property in question is
known as 201 Cayuga Heights Rd (see attached map) tax map # 13.-2-7; and
B. On November 5, 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 Board’s
deliberations; and
C. On November 5, 2012 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 November 5, 2012 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. 2012-34 Res. (Nov. 5, 2012)
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 fence has existed for 20-30
years. 2) The fence is not very noticeable. 3) There have been no
complaints from neighbors.
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 applicant wishes to keep the
retaining wall where it is.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because: The fence is only 2 ½ feet from the
setback, but is mitigated because it only affects a small portion of
the property.
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 fence is pre-existing and there is
no new construction.
Whether the alleged difficulty was self-created.
Finding:
YES_____ NO X because: The fence was built by the previous
owners.
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
ZBA Appeal No. 2012-34 Res. (Nov. 5, 2012)
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 an existing wood fence to remain at the top
of an existing retaining wall, with a total combined height of 10.92’. The
fence/wall located at approximately 2.5 (closest point) to the front property line
(Wyckoff Road), which is less than the 25’ front yard setback required by Zoning
Ordinance Section 6. Yard Requirements.
Conditions of Variance:
The fence and retaining wall must remain substantially as they exist.
The vote on the foregoing motion was as follows:
AYES: R. Parker NAYS: None
K. Sigel
J. Young
A. Watkins
A. Shull
The motion was declared to be carried.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
VILLAGE OF CAYUGA HEIGHTS)
I, Angela M. 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 November
5, 2012
_________________________________
Deputy Village Clerk
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
November __________, 2012