HomeMy WebLinkAboutDenied-505 The Parkway Resolution.pdfZBA Appeal No. 2012-8 Res. April 4, 2012
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON APRIL 4,2012 FOR APPEAL NO. 2012-8
Motion made by: K. Sigel
Motion seconded by: R. Parker
WHEREAS:
A. This matter involves consideration of the following proposed action: granting of
an area variance at 505 The Parkway Lane, Tax ID# 6.-5-2, to allow an existing 8’
high (90% open mesh) fence to remain along the property line on The Parkway
side and part of the property line on the Forest Drive side to remain as
constructed. The fences are located on the property line (0’ setback) which is less
than the 25’ front yard setback required by Zoning Ordinance Section 6. Yard
Requirements ; and
B. On April 4, 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 4, 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 April 4, 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. 2012-8 Res. April 4, 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: 1a)Yes, because it creates a burden on the
neighbors by forcing the deer into their yards. 2a) No, because the
Parkway has a larger than typical right of way with about 20’ from
asphalt to edge of property. 2b) No, because there is not a
noticeable visual impact.
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: There is no other way for the applicant
to enclose the entire yard.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because: There is a complete elimination of the
setback.
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 X NO X because: 1)Yes, because it could potentially affect
deer movement patterns due to the length of the fence and how
close it is to the road. 2) No, because the Parkway has a larger than
typical right of way with about 20’ from asphalt to edge of
property.
Whether the alleged difficulty was self-created.
Finding:
YES X NO______, because: The applicant put up the fence.
Description of Variance:
ZBA Appeal No. 2012-8 Res. April 4, 2012
Granting of an area variance at 505 The Parkway Lane, Tax ID# 6.-5-2, to
allow an existing 8’ high (90% open mesh) fence to remain along the property
line on The Parkway side and part of the property line on the Forest Drive side
to remain as constructed. The fences are located on the property line (0’
setback) which is less than the 25’ front yard setback required by Zoning
Ordinance Section 6. Yard Requirements
Conditions of Variance:
1) Fence must remain constructed of lightweight, collapsible, plastic mesh and
bamboo materials which will allow a panicked deer the ability to get through. 2)
The configuration of the fence must remain as is with regard to the picket fence
and deer fence being co-located and the foundation supports of the deer fencing
inside of the picket fence.
2. 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: R. Parker
K. Sigel
NAYS: A. Shull
A. Watkins
J. Young