HomeMy WebLinkAbout600 Cay. Hghts Rd Resolution.pdfZBA Appeal No. 2012-13 Res. (4.30.2012)
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON April 30, 2012 FOR APPEAL NO. 2012-13
Motion made by: K. Sigel
Motion seconded by: A. Watkins
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow existing 6’ high chain link fence to remain in the
front yard. The fence is located at approximately 3’ from the front property
line which is less than the 25’ front yard setback required by Zoning
Ordinance Section 6. Yard Requirements. The property in question is known
as 600 Cayuga Heights tax map # 1.-3-9; 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. 2012-13 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 X NO X because: No- there have been no complaints from
the neighbors and the fence has existed for 30+ years. Yes- A
chain link fence with barbed wire that will eventually deteriorate
would create an undesirable effect on the neighborhood’s
character.
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 build a compliant
fence.
Whether the requested area variance is substantial.
Finding:
YES X NO___ because: Yes, the setback reduction of 25 feet to 3
feet is large, but it is mitigated by the fact that the fence runs less
than 50% of the street frontage.
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_____ NOX because: The fence has existed for 30+ years.
Whether the alleged difficulty was self-created.
Finding:
YES_____ NO X because: The current owners purchased the
property 3 years ago and then fence was pre-existing. The
prospective buyers were not aware of the compliance issue until
after they had submitted a purchase offer.
Description of Variance:
ZBA Appeal No. 2012-13 Res. (4.30.2012)
Granting of an area variance to allow existing 6’ high chain link fence to
remain in the front yard. The fence is located at approximately 3’ from the
front property line which is less than the 25’ front yard setback required by
Zoning Ordinance Section 6. Yard Requirements.
Conditions of Variance:
This variance only applies to the existing fence and is extinguished if any part
of the fence is removed.
1. It is hereby determined by the Village of Cayuga Heights Zoning Board of Appeals
that the proposed variance is DENIED.
The vote on the foregoing motion was as follows:
AYES: A. Watkins
K. Sigel
NAYS: R. Parker
A. Shull
J. Young
The motion was declared to be turned down.
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