HomeMy WebLinkAbout211 Hanshaw Rd Resolution.pdfZBA Appeal No. 2012-15 Res. May 7, 2012
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON MAY 7, 2012 FOR APPEAL NO. 2012-15
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 to allow an 8’ high fence (90% open) to be erected on/near
the front property line (on Highland Road) which is less than the 25’ setback
required by Zoning Ordinance Section 6: Yard Requirements. The property in
question is known as 211 Hanshaw Road (see attached map) tax map # 12.-2-
3; 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 Board’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. 2012-15 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: By having the fencing it causes the
deer to move into the neighbor’s yards. However, by moving the
fence to the required 25’ setback would not cause a significantly
lesser impact on detriment to the neighborhood. There is only a
small visual impact which does not diminish the character of the
area.
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 X because: The fence could be moved to 25’.
However, due to topographical issues and the cost of having to
build a 2nd fence would not offer the benefit sought by the
applicant.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because: The fence extends the full length of
property perimeter and is almost 0’ from the 25’ setback
requirement.
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: Some Board members felt that based on
information from deer behavior expert Paul Curtis there would be
safety concerns. Other Board members felt there would be no
environmental impact as the fence is an extension of an existing
fence and does not cause safety issues.
Whether the alleged difficulty was self-created.
Finding:
ZBA Appeal No. 2012-15 Res. May 7, 2012
YES X NO______, because: The applicant wishes to build the
fence, but this is mitigated by the applicant having a backyard that
is subject to front yard setback requirements and had frontage on 2
roads.
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
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 8’ high fence (90% open) to be
erected on/near the front property line (on Highland Road) which is less than
the 25’ setback required by Zoning Ordinance Section 6: Yard Requirements.
Conditions of Variance:
The fence must be built substantially as indicated in the proposed plans,
including bamboo poles as illustrated in the mock-up photos.
The vote on the foregoing motion was as follows:
AYES: A. Watkins NAYS: J. Young
K. Sigel
R. Parker
A. Shull
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 ______, 2012