HomeMy WebLinkAbout816 N. Triphammer ResolutionZBA Appeal No. 2012-33 Res. October 1, 2012
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON OCTOBER 1, 2012 FOR APPEAL NO. 2012-33
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 an existing 6’ high wood fence to remain has been
denied. The fence is located at 1.1’ (parallel) to the side property line (map
attached), which is less than the 15’ side yard setback required by Zoning
Ordinance Section 6. Yard Requirements. The property in question is known
as 816 Triphammer Road (see attached map) tax map # 11.-1-7; and
B. On October 1, 2012 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 October 1, 2012 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 October 1, 2012 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:
ZBA Appeal No. 2012-33 Res. October 1, 2012
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.
Finding:
YES_____ NO X because: 1) The fence has existed for many years
2) The fence has been well maintained 3) The fence has a low
visual impact.
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_____ NO X because: The footprint of the house is already
within the setback.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because: 1) This is mitigated by the fact that
the fence only occupies a small portion of the perimeter of the
property 2) The applicant’s house and the neighboring house are
very close to the 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: 1)The fence has existed for many years
2) There is no new construction involved.
Whether the alleged difficulty was self-created.
Finding:
YES X NO______, because: The applicant replaced the fence.
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
ZBA Appeal No. 2012-33 Res. October 1, 2012
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 an existing 6’ high wood fence to
remain has been denied. The fence is located at 1.1’ (parallel) to the side
property line (map attached), which is less than the 15’ side yard setback
required by Zoning Ordinance Section 6. Yard Requirements.
Conditions of Variance:
That the fence remains substantially as it exists.
The vote on the foregoing motion was as follows:
AYES: M. Eisner NAYS: None
K. Sigel
J. Young
A. Watkins
A. Shull
The motion was declared to be carried.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
VILLAGE OF CAYUGA HEIGHTS)
I, Angela 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
October 1, 2012.
_________________________________
Deputy Village Clerk
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
October __________, 2012