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