HomeMy WebLinkAbout201 Oak Hill Rd Resolution .pdfZBA Appeal No. 2013-3 Res. Feb. 4, 2013
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON FEBRUARY 4, 2013 FOR APPEAL NO. 2013-3
Motion made by: ______________________________________
Motion seconded by: ______________________________________
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow a fence which is approximately 5’ and closer to
the front property line which is less than 25’ front yard setback required by
Zoning Ordinance Section 6. Yard Requirements to be modified to 4’ and
remain in place. The property in question is known as 201 Oak Hill Road (see
attached map) tax map # 14.-3-1; and
B. On February 4, 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 February 4, 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 February 4, 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:
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. 2013-3 Res. Feb. 4, 2013
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______, because:
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
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______, because:
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
Whether the requested area variance is substantial.
Finding:
YES_____ NO______, because:
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
Whether the proposed area variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district.
ZBA Appeal No. 2013-3 Res. Feb. 4, 2013
Finding:
YES_____ NO______, because:
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
Whether the alleged difficulty was self-created.
Finding:
YES_____ NO______, because:
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
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:
Conditions of Variance:
[Describe conditions of the variance, if any]
OR
ZBA Appeal No. 2013-3 Res. Feb. 4, 2013
2. It is hereby determined by the Village of Cayuga Heights Zoning Board of
Appeals that the proposed variance is DENIED.
The vote on the foregoing motion was as follows:
AYES: ____________________________
____________________________
____________________________
____________________________
____________________________
NAYS: ____________________________
____________________________
____________________________
____________________________
____________________________
The motion was declared to be carried.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
VILLAGE OF CAYUGA HEIGHTS)
I, Mary E Mills, 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 February 4, 2013
_________________________________
Village of Cayuga Heights
Clerk
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
Month __________, 2012