HomeMy WebLinkAbout210 Hampton Rd Resolution Form.pdfZBA Appeal No. 2015-3 Res. (May 4, 2015)
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON (MAY 4, 2015) FOR APPEAL NO. 2015-3
Motion made by: A. Watkins
Motion seconded by: K. Sigel
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow a new 6’-8’ high fence to be erected at 6” from
the rear property line, which is less than the 15’ required by the Village of
Cayuga Heights Zoning Ordinance Section 6: Yard Requirements. The
property in question is known as 210 Hampton Road (see attached map) tax
map # 6.-11-1; and
B. On May 4, 2015 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 4, 2015 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 4, 2015 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. 2015-3 Res. (May 4, 2015)
Finding:
YES______, NO X because: 1) The fence would affect a relatively small portion of
the perimeter 2) Given the location of the air conditioners, the fence would be a
benefit to both the applicant and the neighbor.
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 build the fence at the setback
limit, but this would close off a larger portion of her yard.
Whether the requested area variance is substantial.
Finding:
YES X NO ______, because: The fence would only be 6” from the property line
rather than the required 15’. However, this would only affect a small portion of the
property border.
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 proposed fence would replace an existing deer
fence.
Whether the alleged difficulty was self-created.
Finding:
YES______, NO X because: The applicant has no control over the placement of her
neighbor’s house.
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
ZBA Appeal No. 2015-3 Res. (May 4, 2015)
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’-8’ high fence to be erected at 6” from the
rear property line, which is less than the 15’ required by the Village of Cayuga Heights
Zoning Ordinance Section 6: Yard Requirements.
Conditions of Variance:
1) The fence shall be built as described by the applicant during the hearing and as
stated in the submitted plans.
2) The fence will be a maximum of 6' high as fences are typically measured on
slopes by Code Enforcement Officer B. Cross.
3) The existing deer fence will be removed.
The vote on the foregoing motion was as follows:
AYES: A. Watkins NAYS: None
K. Sigel
M. Eisner
J. Young
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 4, 2015
_________________________________
Deputy Village Clerk
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
Month __________, 2015