HomeMy WebLinkAbout204 Klinewoods Rd Resolution.pdfZBA Appeal No. 2012-35 Res. (Nov. 5, 2012)
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON NOVEMBER 5, 2012 FOR APPEAL NO. 2012-35
Motion made by: R. Parker
Motion seconded by: A. Watkins
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow erection of an 8’ high wood fence. The fence is
proposed to be located at approximately 3’ (parallel) to the rear property line,
which is less than the 15’ side/rear yard setback required by Zoning Ordinance
Section 6. Yard Requirements. The property in question is known as 204
Klinewoods Rd (see attached map) tax map # 6.-7-7; and
B. On November 5, 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 November 5, 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 November 5, 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. 2012-35 Res. (Nov. 5, 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 could be considered to be
an enhancement. 2) There have been no complaints from the
neighbors.
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: It would be difficult to have sufficient
space within an area that was in compliance due to the proximity
of the house to the setback.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because: The fence would only be 2’ from the
setback, but is mitigated because the material is very transparent,
more than 60% open, and only affects a small portion of 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: There will be no impact on wildlife and
the construction is minimal.
Whether the alleged difficulty was self-created.
Finding:
YES X NO______, because: The applicant wishes to build then
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
ZBA Appeal No. 2012-35 Res. (Nov. 5, 2012)
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:
Granting of an area variance to allow erection of an 8’ high wood fence. The
fence is proposed to be located at approximately 3’ (parallel) to the rear
property line, which is less than the 15’ side/rear yard setback required by
Zoning Ordinance Section 6. Yard Requirements.
Conditions of Variance:
The fence shall be built substantially as indicated in the plans submitted by the
applicant.
The vote on the foregoing motion was as follows:
AYES: R. Parker 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 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 November
5, 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
November __________, 2012