HomeMy WebLinkAbout1001 Highland Resolution Form.pdfZBA Appeal No. 2013-5 Res. (May 6, 2013)
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON May 6, 2013 FOR APPEAL NO. 2013-5
Motion made by: K. Sigel
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 fence to be located at 13’ from
front property line, which is less than the 25’ setback required by Village of
Cayuga Heights Zoning Section 6: YARDS. The property in question is
known as 1001 Highland Road (see attached map) tax map # 2.-5-12; and
B. On May 6, 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 May 6, 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 May 6, 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. 2013-5 Res. (May 6, 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 X because: The fence will be well screened from
the road by the existing hedge.
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______, but is mitigated because it would look less
attractive and would be more difficult to maintain if placed within
the required setback.
Whether the requested area variance is substantial.
Finding:
YES X NO______, but is mitigated because it only affects a small
area of the perimeter.
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 be well screened from
the road by the existing hedge.
Whether the alleged difficulty was self-created.
Finding:
YES X NO______, because: The applicant wants to build 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. 2013-5 Res. (May 6, 2013)
Description of Variance:
Granting of an area variance to allow a new 6’ high fence to be located at 13’
from front property line, which is less than the 25’ setback required by Village
of Cayuga Heights Zoning Section 6: YARDS.
Conditions of Variance:
The fence must be 90% open and built substantially as proposed.
The vote on the foregoing motion was as follows:
AYES: R. Parker NAYS: None
K. Sigel
J. Young
A. Watkins
A. Shull
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 May 6,
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
May __________, 2013
ZBA Appeal No. 2013-5 Res. (May 6, 2013)