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HomeMy WebLinkAboutZBA Appeal No. 2011-2 Res. July 12, 2011.PDFZBA Appeal No. 201 l-2 Res. July 12, 201 1 VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS RESOLUTION ADOPTED ON JULY Tz.zOLL FOR APPEAL NO. 2OTI-2 Motion made by:Jack Young Motion seconded by: Anita Watkins WHEREAS: A. This matter involves consideration of the following proposed action: to construct a fence and gate in the easterly side yard of 817 Triphammer Road (tax parcel IL-2-29). Said fence and gate will be constructed with a height of more than 4 feet and within thel5 foot side-yard setback area required by Section 6 of the Village of Cayuga Heights Zoning Ordinance; and B. On JuIy 12,2011, the Village of Cayuga Heights Zoning Board of Appeals helcl 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 July 12, 2011, in 4ccordance 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 Appeafs determined that the proposed action is a Type II action, and thus may be plocessed without further regard to SEQR; and D. On fuly 12,2011, in accordance with Section 712-b of the Village Law of the Stale of New York and {illage of Cayuga Heights Article IX$21, the Village of Cayuga Heights Zqnng Board of Appeals, in the course of its deliberations, took into rionsideration the benefit to the applicant if the area variance is granted as weiighed against the detriment to the health, safety and welfare of the neighborhciod or communityby such grant; NOW,'IHEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The, Village of Cayuga fleights Zoning Board of Appeals hereby makes the following findings with fespect to the specific criteria for such area variance as set forth in Section 7I\-b of the Village Law of the State of New York and Village of Cayuga Heigh{s Article IXg21: ZBA AppealNo.20ll-2 Res. July 12,2011 wether an undesirable change will pe produced in the character of the neighborhood or detriment to nearbyproperties will be created by granting the area variance. Finding: YES_ NO X , becapse: there is a lot of neighbor support, the fence/gate is propbrtionate to the house and the rest of the fence, and the non-compliant part of the fencelgate will be less than 10 feet in lensth."i Wether the benefit sought by the apptlicant can be achievect by some methodfeasible.for the applicant to pursue other than an area variance. i Finding: ; YES X NO_, becaupe: the applicant coulcl build a 4 foot fence and not need the variance or the applicant cound leave the space open completely, I Wether the requested area variance'is substantial. Finding: iYES_ NO X , becaqse: the fence/gate is less than 10 feet in length and will not occupy the entire 15 foot required setbackatea. I 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 , b..u.ir., 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 dfficutty was seljl.created. Finding: ZBA Appeal No. 201 1-2 Ros' July 12' 201 I YESXNO-,because:theapplicantdoesnotngedto construct the fence/gate within the setback area' 1, It is hereby determined by the Village of Cayuga Heights ZotingBoard of A,ppeals that the following variance is cn.q5rnu AND APPRSyED (with ."rrditiotrr, 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 an{ protect the character of the neighborhood and the health, safety and welfare of the community: Dpssrrpdsl-quariance: the applicant has been granted a variance to construct a fence and gate in the easteiiy side yard of 817 Triphammer Road (tax parcel lr'-2-29). Said fence and gaie will be constructed with a height of more than 4-feet and within theiS foot side-yard setback area required by Section 6 of the Village of Cayrga Heights Zonrng Ordinance' Conditions of Variance: l. 'fhe edge of the fence/gate will not be less than 5feet from the easterly property line; and 2. fhe treight of the fenc[/gate will be no taller than the height of the^existing fence, as shown on thd p-ictures submitted to the ZBA onJuly 12,20II. The vote on ther foregoing motion as follows: AYES: NAYS: John Young Kirk Sigel Alison Shull Mark Eisner Anita Watkins None The motion was declared to be carri ZBA Appeal No. 20I 1-2 Res. July 12, 201 I STATE OF NEW YORK) cor_rNTY OF TOMPKTNS) SS: VILLAGE OF CAYUGA HEIGHTS) ,.I, Angela Korbel, Deputy Village C do hereby certify that the attached Resolution is an of the Village of Cayuga Heights, Village of Cayuga Heights Zoning Board of A 2011. A copy oJsaidresolution being sent to the applicanJuly 15 , 2011 :act copy of the same adopted by the ls at a regular r.neeting on July 12, Village Clerk of Cayuga Heiglts and filed with the Village Clerk on vil