HomeMy WebLinkAbout102 Forest Dr Resolution.pdfZBA Appeal No. 2012- Res 18 May 23, 2012
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON MAY 23, 2012 FOR APPEAL NO. 2012-18
Motion made by: M. Eisner
Motion seconded by: K. Sigel
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow an existing 8’ high fence (privacy) to remain
on/near the side property line which is less than the 15’ setback required by
Zoning Ordinance Section 6: Yard Requirements. The property in question is
known as 102 Forest Dr. (see attached map) tax map # 6.-5-3 and
B. On May 23, 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 May 23, 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 May 23, 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- Res 18 May 23, 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: 1) The fence has existed for many years
without complaints. In addition, the neighbor most affected is in
support of the fence. 2) The fence is a short section compared to
the perimeter of the property. 3) The material is natural wood and
blends in with the surrounding landscape.
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: The house is located at the 15’ setback.
Whether the requested area variance is substantial.
Finding:
YES X NO______, but is mitigated because the fence is a short
section of fence.
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: There is no new construction.
Whether the alleged difficulty was self-created.
Finding:
YES_____ NO X because: The fence is pre-existing as the
applicant installed the fence years ago before the current zoning
laws were in effect.
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
ZBA Appeal No. 2012- Res 18 May 23, 2012
same time preserve and protect the character of the neighborhood and the
health, safety and welfare of the community:
Description of Variance:
Granting of an area variance to allow an existing 8’ high fence (privacy) to
remain on/near the side property line which is less than the 15’ setback
required by Zoning Ordinance Section 6: Yard Requirements.
Conditions of Variance:
The fence must remain substantially as currently constructed.
The vote on the foregoing motion was as follows:
AYES: M. Eisner
K. Sigel
J. Young
A. Shull
A. Watkins
NAYS: None
The motion was declared to be carried.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
VILLAGE OF CAYUGA HEIGHTS)
I, Mary E. Mills, 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
May 23, 2012.
_________________________________
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