HomeMy WebLinkAbout112 Midway Rd Resolution.pdfZBA Appeal No. 2012-28 Res. August 22, 2012
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON AUGUST 22, 2012 FOR APPEAL NO. 2012-28
Motion made by: K. Sigel
Motion seconded by: A. Watkins
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow an existing 8’ high mesh fence(s) to remain at 0’-
21’ from front property line(s), 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 112 Midway Rd (see attached map) tax map
# 10.-1-2; and
B. On August 22, 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 August 22, 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 August 22, 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. 2012-28 Res. August 22, 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_____ NOX because: 1) The applicants proposed
modifications would provide a desirable change to the
neighborhood based on the majority of responses from neighbors.
2) The fence would protect landscaping that neighbors view as an
asset. 3) The proposed re-location would reduce impact of current
fencing.
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_____ NOX because: The applicant is seeking to protect
current landscaping and investments.
Whether the requested area variance is substantial.
Finding:
YESX NO______, because: In certain places the setback is
reduced to 0’. This is mitigated because a significant portion on
Midway is closer to 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_____ NOX because: Animal patterns have already been
established and the proposed modifications would have no effect.
Whether the alleged difficulty was self-created.
Finding:
YESX NO______, because: The applicant wishes to fence in more
of their property than the law allows.
ZBA Appeal No. 2012-28 Res. August 22, 2012
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 existing 8’ high mesh fence(s) to
remain at 0’-21’ from front property line(s), which is less than the 25’
front yard setback required by the Village of Cayuga Heights Zoning
Section 6: Yards.
Conditions of Variance:
1) The location of the fence must remain substantially as proposed on pg.
11, sketch #2
2) The fence material and color must be substantially as indicated by the
applicant with at least 80% openness.
3) The height of the fence is not to exceed 8’.
4) All current non-compliant fencing must be removed within 14 months
of today.
5) The current non-compliant portion on the west side of the driveway is
not subject to the approval of this variance.
The vote on the foregoing motion was as follows:
AYES: M. Eisner NAYS: None
K. Sigel
R. Parker
A. Watkins
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 August 22,
2012.
_________________________________
ZBA Appeal No. 2012-28 Res. August 22, 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
August __________, 2012