HomeMy WebLinkAbout206 Oak Hill Resolution.pdfZBA Appeal No. 2012-16 Res. May 7, 2012
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON MAY 7, 2012 FOR APPEAL NO. 2012-16
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 to allow an 8’ high fence (privacy) to be erected
on/near the front property line (on Triphammer Road) which is less than the
25’ setback required by Zoning Ordinance Section 6: Yard Requirements . The
property in question is known as 206 Oak Hill Road (see attached map) tax
map # 14.-1-10; and
B. On May 7, 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 Bo ard’s
deliberations; and
C. On May 7, 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 7, 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. 2012-16 Res. May 7, 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______, because: A solid fence so close to the setback
is a detriment to the character, but is mitigated by the property
being surrounded on 3 sides by roads and is replacing a less
appealing fence.
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 means to provide
privacy.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because: The 0’ setback from the required 25’
setback is mitigated by it only being a small portion of the front
yard 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_____ NO X because: There will be a large enough gap
underneath for deer to pass under.
Whether the alleged difficulty was self-created.
Finding:
YES_____ NO X because: The property is surrounded on 3 sides
by roads and the house is already close to the road.
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. 2012-16 Res. May 7, 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 to allow an 8’ high fence (privacy) to be
erected on/near the front property line (on Triphammer Road) which is less
than the 25’ setback required by Zoning Ordinance Section 6: Yard
Requirements.
Conditions of Variance:
1) The fence will remain substantially as indicated in the proposed plans
and as clarified by the applicant.
2) The fence will be located between the spruce trees are adjacent to the
sidewalk and the existing chain link fence.
3) The color of the fence will be similar to the current color of the house (dark
brown) or left as the natural wood color.
The vote on the foregoing motion was as follows:
AYES: M. Eisner
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 May 7,
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 10, 2012