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HomeMy WebLinkAbout511 Cayuga Heights Resolution.pdfZBA Appeal No. 2012-23 Res. June 20, 2012 VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS RESOLUTION ADOPTED ON JUNE 20, 2012 NO. 2012-23 Motion made by: A. Watkins Motion seconded by: M. Eisner WHEREAS: A. This matter involves consideration of the following proposed action: granting of an area variance to allow for a variance to allow an existing 6’ high fence to remain at approximately 11.5’ from front property line (Cayuga Park Road), which is less than the 25’ side yard setback required by the Village of Cayuga Heights Zoning Section 6: Yards. The property in question is known as 511 Cayuga Heights Road (see attached map) tax map # 9.-1-3.1; 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 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 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. 2012-23 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) It is a small portion of fence 3) The fence is downhill from street level which creates a low visual impact 4) It is a visually 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: The applicant wishes to retain the existing fence. Whether the requested area variance is substantial. Finding: YES X NO______, because: The setback is approximately 11.5’ instead of the required 25’, but it mitigated because it 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: This is a pre-existing fence with minimal impact. 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 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. 2012-23 Res. June 20, 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 for a variance to allow an existing 6’ high fence to remain at approximately 11.5’ from front property line (Cayuga Park Road), which is less than the 25’ side yard setback required by the Village of Cayuga Heights Zoning Section 6: Yards. Conditions of Variance: The fence will remain substantially as built. 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 ZBA Appeal No. 2012-23 Res. June 20, 2012