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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