HomeMy WebLinkAboutAppeal No. 2013-1.pdfZBA Appeal No. 2013-1 Res. Jan. 9,2013
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON JANUARY 13. 2013 FOR APPEAL NO. 2013.1
Motion made by:
Motion seconded by:
WHEREAS:
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A. This matter involves consideration of the following proposed action: granting
of an area variance to allow an existing 6' high wood fence to remain located
at approximately 0' from the side yard, which is less than the 15' required by
Village of Cayuga Heights Zoning Section 6: Yards. The property in question
is known as 210 E. Upland Road (see attached map) tax map # p=@; a16
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B. On January 9, 20t3 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 supporl of this appeal, (ii) all other information
and materials rightfully before the Board, and (iii) all issues raised during the
public hearing andlor otherwise raised in the course of the Board's
deliberations; and
C. On January 9, 2013 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 January 9,2013 in accordance with Section 712-b of the Village Law of
the State of New York and Village of Cayuga Heights Article IX #2I, 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 lX#2I:
ZBA Appeal No. 2013-1 Res. Jan. 9,2013
Whether an undesirable change will be produced in the
neighborhood or detriment to nearby properties will be
granting the area variance.
character of the
created by
Finding:
YES Noil(,
Whether the benefit sought by the applicant can be achieved by some
methodfeasible for the applicant to pursue other than an area variance,
Finding:
YES
tlNO / , because:
Whether the requested area variance is substantial.
Finding:
YES
Whether the proposed area variance will have an adverse ffict or impact
on the physical or environmental conditions in the neighborhood or
district.
Finding:
ZBA Appeal No. 2013-1 Res. Jan. 9,2013
Whether the alleged dfficulty was self-creqted.
Finding:
1. It is hereby determined by the Village of Cayuga Heights Zoning Board of
Appeals that the following variance is cneNroD 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:
Conditions of Variance:
[Describe conditions of the variance, if anyl
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OR
2. It is hereby determined by the Village of Cayuga Heights Zoning Board of
Appeals that the proposed variance is lnNrnl.
The vote on the foregoing motion was as follows:
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ZBA Appeal No. 2013-1 Res. Jan, 9,2013
AYES:
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NAYS:
The motion was declared to be carried.
STATE OF NEW YORK)
couNTY oF TOMPKTNS) SS:
VILLAGE OF CAYUGA HEIGHTS)
I, Mary E. Mills, 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 January 9,2013.
Village Clerk
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
January ,2013
ZBA Appeal No. 2013-2 Res. Jan. 9,2013
VILLAGE OF'CAYUGA HEIGHTS ZONING BOARD OF'APPEALS
RESOLUTION ADOPTED ON JANUARY 13. 2013 FOR APPEAL NO. 2013-2
Motion made by;
Motion socondod by:
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow an existing 6' high wood fence to remain and be
extended at approximately 0' from the side yard, which is less than the 15'
required by Village of Cayuga Heights Zoning Section 6: Yards. The property
in question is known as 404 Highland Road (see attached map) tax map #
13.-3-5; and
B. On January 9,2013 the Village of Cayuga Heights Zonrng 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 January 9, 2013 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 January 9,2013 in accordance with Section 7I2-b of the Village Law of
the State of New York and Village of Cayuga Heights Article lX #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:
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ZBA AppealNo, 2013-2 Res. Jan. 9,2013
Wether 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 A .because:
Whether the benefit sought by the applicant can be achieved by some
method feasible for the applicant to pursue other than an area yariance,
Finding:
YES NO ( .because:
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Whether the requested area variance is substantial.
Finding:
I4/hether the proposed area variance will have an adverse effect or irnpact
on the physical or environmental conditions in the neighborhood or
district.
Finding:
YES ,Y NO_, because:
ZBA Appeal No.20l3-2 Res, Jan, 9,2013
YES NO
Wether the alleged dfficulty was selfcreated.
Finding:
YES X NO_, because:
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C crng+v--.-t---t L.g c-ttot-c-' -.
1. It is hereby determined by the Village of Cayuga Heights ZoningBoard of
Appeals that the following varrance is cnnNrnD AND arrnovno (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 :
Conditions of Variance:
YLL^,\)[Describe conditions of the variance, if any]
It is hereby determined by the village of Cayuga Heights zoning Board of
Appeals that the proposed variance is lnnrnt.
2.
The vote on the foregoing motion was as follows:
ZBA Appeal No, 2013-2 Res. Jan. 9,2013
AYES:
NAYS:
The motion was declared to be carried.
STATE OF NEW YORK)
couNTY oF TOMPKINS) SS:
VILLAGE OF CAYUGA HEIGHTS)
I, Mary E. Mills, 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 January 9,2013.
Village Clerk
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk onJanuary ,2013