HomeMy WebLinkAbout706 The Parkway ResolutionZBA Appeal No. 2012-3 Res. February 6, 2012
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON FEBRUARY 6, 2012 FOR APPEAL NO. 2012-3
Motion made by: Kirk Sigel
Motion seconded by: Alison Shull
WHEREAS:
A. This matter involves consideration of the following proposed action: granting of
an area variance to allow an existing 6’ high (varies) lattice fence located at 706
The Parkway to remain on a portion of the front and side property lines (0’
setback), which is less than the 25’/15’ required by the Village of Cayuga Heights
Zoning Ordinance Section 6: Yard Requirements; and
B. On February 6, 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 February 6, 2012, in accordance with Article 8 of the New York State
Environmental Conservation Law - the State Environmental Quality Review Act
(ASEQR), 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 February 6, 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. 2012-3 Res. February 6, 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:
The fence has been built for many years and there will be no
change. The portion of the fence in the front yard does not appear
to be a safety issue as it is a small portion of the front property line.
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 X NO______, because:
The applicant could modify the top portion of the fence with
compliant material with minimal expense.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because:
However, the fence is mitigated because this street has a large right
of way and it only encompasses a small portion of the property
line. It is further mitigated by openness of lattice.
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:
It involves no new construction. Regardless, this type of fence
would not typically result in an adverse change in physical
environment.
Whether the alleged difficulty was self-created.
Finding:
YES X NO______, because:
ZBA Appeal No. 2012-3 Res. February 6, 2012
Applicant built 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
same time preserve and protect the character of the neighborhood and the
health, safety and welfare of the community:
Description of Variance:
The granting of an area variance to allow an existing 6’ high (varies) lattice fence located
at 706 The Parkway to remain on a portion of the front and side property lines (0’
setback), which is less than the 25’/15’ required by the Village of Cayuga Heights Zoning
Ordinance Section 6: Yard Requirements.
Conditions of Variance:
The fence is to remain substantially as it exists and that any expansion of the fence in the
set-back would require a further variance.
The vote on the foregoing motion was as follows:
AYES: Unanimous - Anita Watkins, Alison Shull, Kirk Sigel, Rosemarie Parker,
Jack Young
NAYS: None
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 February 6,
2012.
_________________________________
Deputy Village Clerk
Village of Cayuga Heights
ZBA Appeal No. 2012-3 Res. February 6, 2012
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
February __________, 2012