HomeMy WebLinkAbout507 The Prkway.pdfZBA Appeal No. 2012-20 Res. June 4, 2012
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON JUNE 4, 2012 FOR APPEAL NO. 2012-20
Motion made by: A. Watkins
Motion seconded by: R. Parker
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow 2 existing 5’ high iron fences to remain at
approximately 0’ (perpendicular) from the side property line, which is less
than the 15’ side yard setback required by Zoning Ordinance Section 6. Yard
Requirements. The property in question is known as 507 The Parkway (see
attached map) tax map # 6.-5-1; and
B. On June 4, 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 4, 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 4, 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. 2012-20 Res. June 4, 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 and has
been in place for a few years 2) The fencing consists of 2 short
fences 3) The fences have 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_____ NO X because: The applicant wishes to keep the
fences.
Whether the requested area variance is substantial.
Finding:
YES X NO______, because: 1)There is a 0’ setback instead of the
required 15’. 2) There are two fences, one on each side of the
property. However, the fences touch the side property lines only at
one point on each side. There is 0' setback at these 2 points. 3) The
fence is also close to meeting the 90% openness 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_____ NO X because: The fence is already in place and there
will be no new construction.
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
ZBA Appeal No. 2012-20 Res. June 4, 2012
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 2 existing 5’ high iron fences to remain at
approximately 0’ (perpendicular) from the side property line, which is less than
the 15’ side yard setback required by Zoning Ordinance Section 6. Yard
Requirements.
Conditions of Variance:
The fence must remain substantially as currently constructed.
The vote on the foregoing motion was as follows:
AYES: R. Parker
K. Sigel
J. Young
A. Shull
A. Watkins
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 4,
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