HomeMy WebLinkAbout103 Simsbury Res.pdfZBA Appeal No. 2012-19 Res. June 4, 2012
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON JUNE 4, 2012 FOR APPEAL NO. 2012-19
Motion made by: K. Sigel
Motion seconded by: J. Young
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow an 8’ high wood fence to be located at
approximately 0’ from the side property line, which is less than the 15’ side
yard setback required by Zoning Ordinance Section 6: Yard Requirements.
The property in question is known as 103 Simsbury Drive (see attached map)
tax map # 4.-3-27.4 and
B. On June 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 June 4, 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 June 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. 2012-19 Res. June 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 will not have a large visual
impact on the neighborhood and will be an attractive fence made
of natural wood.
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: A compliant fence or some form of
landscaping could be installed, but the proposed fence is the
quickest way to effectively solve the applicant’s problem. A
mitigating factor is that building the proposed fence is a quicker
way to effectively solve the applicant’s problem.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because: The setback is 0’ instead of the
required 15’ with a long stretch of fence. This is mitigated,
however, because the fence is only along one side 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 will not prevent any animal
traffic.
Whether the alleged difficulty was self-created.
Finding:
YES_____ NO X because: The primary motivation is safety and
screening from hazards on the neighbor’s property.
ZBA Appeal No. 2012-19 Res. June 4, 2012
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:
Granting of an area variance to allow an 8’ high wood fence to be located at
approximately 0’ 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:
1) The upper 2’ of the fence must be at least 25% open
2) The fence must be constructed significantly as discussed by the Board and the
applicant during the meeting.
The vote on the foregoing motion was as follows:
AYES: R. Parker
K. Sigel
J. Young
A. Shull
A. Watkins
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 June 4,
2012,
_________________________________
Deputy Village Clerk
Village of Cayuga Heights
ZBA Appeal No. 2012-19 Res. June 4, 2012
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
June __________, 2012