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HomeMy WebLinkAboutZBA 1-6-2014 minutes.pdf F:\ZBA\ZBA 2014\Jan. 2014\ZBA 1-6-2014 minutes.doc - 1 - Minutes for the Village of Cayuga Heights Zoning Board of Appeals Meeting January 6, 2014 Present: Members Chair J. Young, A. Shull, R. Parker, K. Sigel, Alternate S. Manning Code Enforcement Officer B. Cross, VCH Deputy Clerk A. Podufalski Attorney R. Marcus Members of the public 1. Meeting called to order  Meeting called to order by Chair J. Young at 7:04 pm.  Chair J. Young appointed Alternate S. Manning as a voting member for the meeting. 2. Variance Applications A. 511 Kline Rd  Chair J. Young reviewed the public notice.  Code Enforcement Officer B. Cross gave a background summary on the case.  The applicant and Code Enforcement Officer B. Cross answered questions for the Board.  Public comment- No members of the public wished to comment.  Attorney R. Marcus informed the Board the variance request is a Type II action exempt under Section 617.5(c) of SEQR.  The Board answered the findings questions as follows: VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS RESOLUTION ADOPTED ON (JANUARY 6, 2014) FOR APPEAL NO. 2014-1 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 installed at approximately 1.5’ from the front property line, which is less than the 25’ required by Village of Cayuga Heights Zoning Section 6: YARDS. The property in question is known as 511 Kline Road (see attached map) tax map # 15.-6-2 and B. On Jan. 6, 2014 the Village of Cayuga Heights Zoning Board of Appeals held a public hearing regarding such action, and thereafter thoroughly reviewed and F:\ZBA\ZBA 2014\Jan. 2014\ZBA 1-6-2014 minutes.doc - 2 - 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 Jan. 6, 2014 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 Jan. 6, 2014 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. Finding: YES______, NO X because: 1)There have been no objections from neighbors. In addition, the neighbor that would be most affected did not voice any objections. 2) The configuration of the fence is largely determined due to the location of the house so close to the property line. 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 X because: there is not sufficient room to plant a visual buffer between the house and the road right of way. F:\ZBA\ZBA 2014\Jan. 2014\ZBA 1-6-2014 minutes.doc - 3 - Whether the requested area variance is substantial. Finding: YES X NO______: but is mitigated because only a portion 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) Wild life would still be able to pass through 2) The fence would not be in the Village right of way. Whether the alleged difficulty was self-created. Finding: YES X NO______, because: The applicant purchased the property, however, they did not create the privacy issue. 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 fence to be installed at approximately 1.5’ from the front property line, which is less than the 25’ required by Village of Cayuga Heights Zoning Section 6: YARDS. Conditions of Variance: The fence must be built substantially as indicated in the plans submitted to the Board. The vote on the foregoing motion was as follows: AYES: R. Parker NAYS: J. Young S. Manning A. Shull K. Sigel F:\ZBA\ZBA 2014\Jan. 2014\ZBA 1-6-2014 minutes.doc - 4 - The motion was declared to be carried. 3. Approval of Minutes APPROVING MINUTES OF OCOTBER 7, 2013 RESOLVE that the written, reviewed and revised minutes of October 7, 2013 meeting are hereby unanimously approved. 4. Other Business  Code Enforcement Officer B. Cross gave an overview on items currently under review of the Board of Trustees and Planning Board.  Code Enforcement Officer B. Cross informed the Board there are only a few remaining fence cases. 5. Adjourned  Meeting adjourned at 8:04pm.