HomeMy WebLinkAbout615 Cayuga Heights Rd Resolution.pdfZBA Appeal No. 2012-9 Res. April 4, 2012
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON (Date) FOR APPEAL NO. 2012-9
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 at 615 Cayuga Heights Road, Tax ID# 2.-8-13, to allow an
existing 6’ high wood fence to remain in the side yard. The fence is located at 2.5
from the side property line which is less than the 15’ side yard setback required
by Zoning Ordinance Section 6. Yard Requirements; and
B. On April 4, 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 April 4, 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
D. On April 4, 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. 2012-9 Res. April 4, 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: The fence has existed in its present
location for several years.
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 benefit the applicant seeks is to
have an existing fence remain as constructed.
Whether the requested area variance is substantial.
Finding:
1)The height is 50% higher than allowed within the setback.
2) Encroachment is 83%, but a relatively small area is affected.
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 has existed in its present
location for several years.
Whether the alleged difficulty was self-created.
Finding:
YES X NO______, because: The applicant put up the fence.
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:
ZBA Appeal No. 2012-9 Res. April 4, 2012
Description of Variance:
Granting of an area variance at 615 Cayuga Heights Road, Tax ID# 2.-8-13, to
allow an existing 6’ high wood fence to remain in the side yard. The fence is
located as close as 2.5’ from the side property line which is less than the 15’
side yard setback required by Zoning Ordinance Section 6. Yard
Requirements.
Conditions of Variance:
The fence must substantially remain as built.
The vote on the foregoing motion was as follows:
AYES: A. Shull
R. Parker
A. Watkins
K. Sigel
J. 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
April 4, 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
April __________, 2012