HomeMy WebLinkAboutResolution Adopted on July 12, 2011 for Appeal No. 2011-2.PDFZBA Appeal No. 201 1-2 Res. July 12, 201 I
VILLAGE OF CAYUGA HEIGHTS ZONING BOA.RD OF APPEALS
RESOLUTION ADOPTED ON JULY L2.20Ll FOR r\PPEAL NO. 20LL-2
Motion made by: Jack Young
Motiorr seconded by: Anita Watkins
WHE]IEAS:
A. This matter involves consideration of the following proposeci action: to
constmct a fence and gate in the easterly side yarcl of 817 Triphammer Road
(tax parcel lI.-2-29). Said fence and gate will be constructed with a height of
more than 4 feet and within the15 foot side-yaril setback area required by
Section 6 of the Village of Cayuga Heights Zoning Ordinance; and
B. On J,ily 12,2011, the Village of Cayuga Heights Zontng Board of Appeals
held a public hearing regarding such action, and thereafter thoroughly
reviewed and analyzed (i) the materiais 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 JvIy 72,2011, 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, 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 July 12,20II,rnaccordance with SectionTl2-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 Zonitg 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. 201 l-2 Res. July 12, 201 I
Wether an undesirable change will be produced in the character of the
neighborhood or detriment to nearby properties will be created by
grantin g lhe area vari a nce.
Finding:
YES_ NO X , because: there is a lot of neighbor
support, the fenceigate is proportionate to the house and the rest of
the fence, and the non-compliantpart of the fencelgate will be less
than 10 feet in lensth.
Wether the benefit sought by the applicant can be achieved by some
methodfeasible for the applicant to pursue other than an area variance.
Findins:
YES X NO_, because: the applicant could build a 4 foot
fence and not need the variance or the applicant could leave the
space open completely.
Wether the requested area variance is substantial.
Finding:
YES_ NO X , because: the fence/gate is less than 10 feet
in length and will not occupy the entire 15 foot required setback
area.
Wether 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 rest of the yard is open and
deer or other animals may travel through the yard without
hindrance. Also, only a portion of the setback is being impacted
and no physical change to the natural landscape will be made.
Wether the alleged dfficulty was self-created.
Finding:
ZBA Appeal No. 201 l-2 Res. July 12, 201 I
YES X
construct the
NO_, because: the applicant does not need to
fencelgat.e within the setback area.
1. It is hereby determined by the Village of Cayuga Heights Zoning Board of
Appeals that the following variance is cnlirlrnn 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:
the applicant has been granted avariance to constmct a fence and gate in the
easterly side yard of 8 1 7 Triphammer Road (tax parcel II .-2-29). Said fence
and gate will be constructed with a height of more than 4 feet and within
the 1 5 foot side-yard setback area required by Section 6 of the Village of
Cayuga Hei ghts Zonrng Ordinance.
Conditions of Variance:
2.
The edge of the fencelgate will not be less than 5feet from the easterly
property line; and
The height of the fencelgate will be no taller than the height of the existing
fence, as shown on the picfures submitted to the ZBA on July 12,2077.
1.
The vote on
AYES:
NAYSI:
the foregoing motion was as follows:
John Young
Kirk Sigel
Alison Shull
Mark Eisner
Anita Watkins
None
The motion was declared to be carried.
ZBA Appeal No. 201 l-2 Res. Ialy 12, 20ll
srATE OF NEW YORK)
coLrNTY OF TOMPKINS) SS:
VILLAGE OF CAYUGA HEIGHTS)
I, Angela Korbel, 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 regtlar meeting on July 12,
20rt.
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
July_|S , 2011
Deputy l{iIage CIerk
Village bf Cayuga Heights