HomeMy WebLinkAbout203 Cayuga Heights Rd Resolution Form.pdfZBA Appeal No. 2013-11 Res. (Oct. 7, 2013)
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON (OCTOBER 7, 2013) FOR APPEAL NO. 2013-11
Motion made by: A. Watkins
Motion seconded by: R. Parker
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow a new 6’ high wood fence to be installed at
approximately 6” from the side/rear property line, which is less than the 15’
required by Village of Cayuga Heights Zoning Section 6: YARDS. The
property in question is known as 203 Cayuga Heights Road (see attached
map) tax map # 13.-2-8.2 and
B. On Oct. 7, 2013 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 Oct. 7, 2013 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 Oct. 7, 2013 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:
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:
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.
ZBA Appeal No. 2013-11 Res. (Oct. 7, 2013)
Finding:
YES_____ NO X because: 1) The fence is not very visible from the road and public
view 2) There will be no impact on wildlife. 3) The design of the fence is appealing.
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 grow vegetation, however, this
would not provide the immediate benefit of privacy for the applicant.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because: The setback is being reduced to almost 0’ for a long
stretch 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: 1) The fence is not very visible from the road and public
view 2) There will be no impact on wildlife. 3) The design of the fence is appealing.
Whether the alleged difficulty was self-created.
Finding:
YES_____ NO X because: The applicant is a new property owner.
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 a new 6’ high wood fence to be installed at
approximately 6” from the side/rear property line, which is less than the 15’ required by
Village of Cayuga Heights Zoning Section 6: YARDS.
ZBA Appeal No. 2013-11 Res. (Oct. 7, 2013)
Conditions of Variance:
The fence must be built substantially as indicated in the plans submitted to the Board, not
to exceed 157’ +/- in length or 6’ in height as shown in the map attached to the
application.
The vote on the foregoing motion was as follows:
AYES: R. Parker NAYS: None
J. Young
A. Watkins
A. Shull
K. Sigel
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 October 7,
2013.
_________________________________
Deputy Village Clerk
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
October 8 2013