HomeMy WebLinkAbout823 Hanshaw Resolution Form.pdfZBA Appeal No. 2013-10 Res. August 20, 2013
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON AUGUST 20, 2013 FOR APPEAL NO. 2013-10
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 an existing 6’ high wood fence to remain at
approximately 11’ from the side 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 823 Hanshaw Road (see attached map) tax
map # 5.-4-9 and
B. On August 20, 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 August 20, 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 August 20, 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:
ZBA Appeal No. 2013-10 Res. August 20, 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: 1) The fence is pre-existing 2) There have been no
objections from neighbors 3) There is only a short length of fence that is not in
compliance.
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______: however, making the fence compliant would not change the
impacts considerably.
Whether the requested area variance is substantial.
Finding:
YES_____ NO X because: There is roughly a 25% reduction and only a short length
of the fence is affected.
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 pre-existing 2) There is only a short length
of fence that is not in compliance.
Whether the alleged difficulty was self-created.
Finding:
YES_____ NO X because: The fence became non-compliant as a result of the sale of
a strip of property to the Village.
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. 2013-10 Res. August 20, 2013
Description of Variance:
Granting of an area variance to allow an existing 6’ high wood fence to remain at
approximately 11’ from the side property line, which is less than the 15’ required by
Village of Cayuga Heights Zoning Section 6: YARDS.
Conditions of Variance:
That the fence remain substantially as is.
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 August 20,
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
August __________, 2012