HomeMy WebLinkAbout303 Upland Resolution.pdfZBA Appeal No. 2012-22 Res. June 20, 2012
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON JUNE 20, 2012 NO. 2012-22
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 existing 7’ high fence to remain at/near front
property line, which is less than the 25’ front yard setback required by the
Village of Cayuga Heights Zoning Section 6: Yards. The property in question
is known as 303 E. Upland Road (see attached map) tax map # 11.-2-2; and
B. On June 20, 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 o n
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 June 20, 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 June 20, 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. 2012-22 Res. June 20, 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 is pre-existing 2) There
have been no objections from any neighbors and many are in
support 3) The fence used less than 75% of the frontage and
applicant could actually make the fence complaint by adding
additional fencing to create an exclosure 4) The current fence has a
low 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 X NO______, because: Applicant could add additional
fencing to create an exclosure. This is mitigated by the fact that
this option would create a more visible impact.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because: The setback is 0’ instead of the
required 25’. This is mitigated because it is a short 51’ section of
fence. The alternative would cause a greater impact.
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: This is a pre-existing fence.
Whether the alleged difficulty was self-created.
Finding:
YES X NO______, because: The applicant built the fence.
1. It is hereby determined by the Village of Cayuga Heights Zoning Board of
Appeals that the following variance is GRANTED AND APPROVED (with
ZBA Appeal No. 2012-22 Res. June 20, 2012
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 existing 7’ high fence to remain
at/near front property line, which is less than the 25’ front yard setback
required by the Village of Cayuga Heights Zoning Section 6: Yards.
Conditions of Variance:
1. Any added material to the fence above 4’ must comply with the definition
in Fence Law D(ii).
2. The location of the fence will remain as it currently exists.
The vote on the foregoing motion was as follows:
AYES: Chair J. Young
K. Sigel
R. Parker
A. Watkins
M. Eisner
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
June 20, 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
June_______, 2012