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HomeMy WebLinkAbout711 Parkway Resolution.pdfZBA Appeal No. 2012- Res17 May 23, 2012 VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS RESOLUTION ADOPTED ON MAY 23, 2012 FOR APPEAL NO. 2012-17 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 an existing 6’ high wood fence to remain 0.2’ from rear property line which is less than the 15’ setback required by Zoning Ordinance Section 6: Yard Requirements. The property in question is known as 711 The Parkway (see attached map) tax map # 6.-2-4 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- Res17 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. 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 applicant does not want to removed the fence. 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 was pre-existing prior to the applicant taking ownership of the property. 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- Res17 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 6’ high wood fence to remain 0.2’ from rear 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: R. Parker 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, 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 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