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HomeMy WebLinkAbout105 Winthrop Resolution.pdfZBA Appeal No. 2012-12 Res. (4.30.2012) VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS RESOLUTION ADOPTED ON April 30, 2012 FOR APPEAL NO. 2012-12 Motion made by: K. Sigel Motion seconded by: A. Shull WHEREAS: A. This matter involves consideration of the following proposed action: granting of an area variance to allow existing 6’ high wood fence(s) to remain in the side/rear yards. The fence is not 90% and is located at approximately 3’ from the side/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 105 Winthrop Drive tax map # 4.-3-20; and B. On April 30, 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 April 30, 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 April 30, 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. 2012-12 Res. (4.30.2012) 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: There have been no objections 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: Visual and noise screening can not be obtained and still have full use of yard should fence be moved. Whether the requested area variance is substantial. Finding: YES X NO X because: Yes, there is a 3’ set back instead of the required 15’. However, this is mitigated by the fact the length is a small percentage of the perimeter of the property. 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: The length is a small percentage of the perimeter of the property. Whether the alleged difficulty was self-created. Finding: YES X NO______, because: The 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: ZBA Appeal No. 2012-12 Res. (4.30.2012) Description of Variance: Granting of an area variance to allow existing 6’ high wood fence(s) to remain in the side/rear yards. The fence is not 90% and is located at approximately 3’ from the side/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 must remain substantially as constructed with no expansion into the non-compliant set back. The vote on the foregoing motion was as follows: AYES: A. Watkins K. Sigel R. Parker A. Shull J. 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 April 30, 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 May __________, 2012