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HomeMy WebLinkAbout206 Oak Hill Rd. Resolution Form.pdfZBA Appeal No. 2015-8 Res. (December 7, 2015) VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS RESOLUTION ADOPTED ON (DECEMBER 7, 2015) FOR APPEAL NO.2015-8 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 a an existing 6’ high fence on top of a 1’ high berm to remain on the front property line, which is less than the 25’ minimum required by the Village of Cayuga Heights Zoning Section 6: Yard Requirements. The property in question is known as 206 Oak Hill Rd. (see attached map) tax map # 14.-1-10; and B. On December 7, 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 December 7, 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)(12), the Village of Cayuga Heights Zoning Board of Appeals determined that the proposed action is a Type II action, and thus may be considered by the Board without further action under SEQR; and D. On December 7, 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: 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: 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. 2015-8 Res. (December 7, 2015) Finding: YES_____ NO X because: it is not an undesirable change and neighbors are in favor of the fence. However, the fence is out of character for the neighborhood. 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 benefit could be achieved by adhering to the original variance, but the applicant wishes to avoid the cost of moving the newly-built fence. Whether the requested area variance is substantial. Finding: YES X NO______, because: the fence is 0’ from the front property line. 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 was only moved by 5-10’ from the location that was the subject of the original variance approval and has no significant impact on animal traffic. Whether the alleged difficulty was self-created. Finding: YES X NO______, but is mitigated by ambiguous approval by a Village employee. 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. 2015-8 Res. (December 7, 2015) Description of Variance: Granting of an area variance to allow a an existing 6’ high fence on top of a 1’ high berm to remain on the front property line, which is less than the 25’ minimum required by the Village of Cayuga Heights Zoning Section 6: Yard Requirements. Conditions of Variance: That the fence remains substantially as built. The vote on the foregoing motion was as follows: AYES: Chair J. Young NAYS: K. Sigel A. Watkins R. Parker 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 December 7, 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 December 10, 2015.