HomeMy WebLinkAbout2 Winthrop Resolution.pdfZBA Appeal No. 2012-11 Res. (4.30.2012)
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON April 30, 2012 FOR APPEAL NO. 2012-11
Motion made by: A. Watkins
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 0’ 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 2 Winthrop Place tax map # 4.-3-19; 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. 2012-11 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: It would not be feasible for the
applicant to move the fence.
Whether the requested area variance is substantial.
Finding:
YES X NO X because: Yes, there is a 0’ 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. 2012-11 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 0’
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