HomeMy WebLinkAbout402 ZBA Application 7-12-21Village of Cayuga Heights
Zonrng Board of Appeals
Application Form
ZBA Anplication Fee: $1.00
Check All That Applv:
X .q.r." Variance
_ Use Variance
_ Interpretation Request
Properly address:402 Hanshaw Road
For Office Use Only
Date Received
Cash or Check
Zorsng District
Applicable Section(s) of Village Code:
Tax parcel:9-3-7.2
Zontng O ffic er' s determination:
Requested variance or rnterpretation:B foot black wire deer fence set back 3 feet from property
line for 10 foot stretch over culvert , 14 feet back from property line for a second 10 foot stretch,
to avoid running fence through creek
Reason(s) that the requested variance or interpretation should be granted:
" See attached page for the criteria that thc ZBA must use. . Use additional sheets if necessary.
Deer use our back yard as a thoroughfare and come onto the properly and eat plants - B foot
fence will keep deer out of the property.
Black wire fence with large openings and black posts has minimal visibility.
Large-opening fence has minimal impact on small animal movement through area.
Proposed location eliminates the need to cross the brook which would impede water flow.
Please attach any additional information that will help the ZBA to evaluate your appeal,
such as a narrative, survey map, photos, building plans, etc.
By filing this application, you grant permission for Village of Cayuga lleights ZBA
Members and Village Staff to enter your property for inspections related to your appeal.
Owner/Applicant: Brad Ramshaw
Signature:
Phonenumber(s): 505-500-5559
Email address: bradramshaw@cornell.edu
06t19t2021
ZBA Actions Permitted by NYS Village Law
Area Variance: An area variance is needed if you want to deviate from some dimensional
requirement of the Zontng Ordinance, such as height, yard setback, or lot coverage.
The area variance criteria the ZBA must use are found in Village Law 7 -712-B(3)(b):
In making its determination, the zoning board of appeals shall take into consideration
the benefit to the applicant if the variance is granted, as weighed against the detriment
to the health, sqfety and welfare of the neighborhood or communiQ by such grant. In
making such determination the board shall also consider:
(1) whether an undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by the granting of the
area variance;
(2) whether the benefit sought by the applicant can be achieved by some method,
feasiblefor the applicant to pursue, other tharu an area variance;
(3) whether the requested area variance is substantial;
(41 whether the proposed variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district; and
(5) whether the alleged dfficulty was self-created; which consideration shall be
relevant to the decision of the board of appeals, but shall not necessarily preclude the
granting ofthe area variance.
Use Variance: A use variance is needed if you want to use a strLlcture or propefiy for something
not allowed by the Zoning Ordinance, such as a restaurant in the Residence District.
The use variance criteria the ZBA must use are found in Village Law'7-712-B(2Xb):
No such use variance shall be granted by a board of appeals without a showing by the
applicant that applicable zoning regulations and restrictions have caused wlnecessal))
hardship. In order to prove such unnecessary hardship the applicant shall demonstrate
to the board of appeals that for each and evety permitted use under the zoning
regulations for the particular district where the property is located,
(1) the applicant cannot realize a reasonable return, provided that lack ofreturu is
substantial as demonstrated by competent financial evidence;
(2) that the alleged hardship relating to the property in question is unique, and
does not apply to a substantial portiort of the district or neighborhood;
(3) that the requested use variance, if granted, will not alter the essential character
of the neighborhood; and
(4) that the alleged hardship has not been self-created.
Interpretation Request: Al interpretation request is appropriate if you do not agree with the
Zoning Officer's interpretation of the Zoning Ordinance. Such requests must be made within
sixty (60) days of the Zoning Officer's determination that is being appealed.
The interpretive role of the ZBAis found in Village Law 7-712-B(1):
The board of appeals may reverse or ffirm, wholly or partly, or may modfy the order,
requirement, decision, interpretation or determinatioru appealedfrom and shall make
such order, requirement, decision, interpretation or determination as in its opinion
ought to have been made in the matter by the administrative fficial charged with the
enforcement of such local law and to that end shall have all the powers of the
administrative fficialfrom whose order, requirement, decision, interpretation or
determination the appeal is taken.
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