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HomeMy WebLinkAboutZBA 10-7-2013 minutes.pdf F:\ZBA\ZBA 2013\10.7.2013\ZBA 10-7-2013 minutes.doc - 1 - Minutes Village of Cayuga Heights Zoning Board of Appeals Meeting October 7, 2013 Present: Members Chair J. Young, A. Watkins, A. Shull, R. Parker, K. Sigel Alternate M. Eisner Code Enforcement Officer B. Cross, VCH Deputy Clerk A. Podufalski, Members of the public 1. Meeting called to order  Meeting called to order by Chair J. Young at 7:02 pm.  The applicant for 203 Cayuga Heights Rd was not yet present. The Board voted on the August 20, 2013 minutes. APPROVING MINUTES OF AUGUST 20, 2013 RESOLVE that the written, reviewed and revised minutes of July 15, 2013 meeting are hereby unanimously approved.  Code Enforcement Officer B. Cross informed the Board of the remaining fence compliance cases. 2. Variance Applications A. 203 Cayuga Heights Rd  Chair J. Young reviewed the public notice.  Code Enforcement Officer B. Cross gave a background summary on the case and answered questions for the Board.  The applicant was granted the opportunity to speak to the Board regarding the request.  Public comment- H. Swank, the next door neighbor, spoke in favor of the fence.  In the absence of Attorney R. Marcus, the Board agreed based on prior advice from Attorney R. Marcus on similar cases the variance request is a Type II action exempt under Section 617.5(c) of SEQR.  The Board answered the findings questions as follows: VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS RESOLUTION ADOPTED ON (OCTOBER 7, 2013) FOR APPEAL NO. 2013-11 Motion made by: A. Watkins Motion seconded by: R. Parker F:\ZBA\ZBA 2013\10.7.2013\ZBA 10-7-2013 minutes.doc - 2 - WHEREAS: A. This matter involves consideration of the following proposed action: granting of an area variance to allow a new 6’ high wood fence to be installed at approximately 6” from the side/rear property line, which is less than the 15’ required by Village of Cayuga Heights Zoning Section 6: YARDS. The property in question is known as 203 Cayuga Heights Road (see attached map) tax map # 13.-2-8.2 and B. On Oct. 7, 2013 the Village of Cayuga Heights Zoning Board of Appeals held a public hearing regarding such action, and thereafter thorou ghly 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 Oct. 7, 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 Oct. 7, 2013 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: 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: 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 not very visible from the road or public view 2) There will be no impact on wildlife. 3) The design of the fence is appealing. 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: F:\ZBA\ZBA 2013\10.7.2013\ZBA 10-7-2013 minutes.doc - 3 - YES X NO______, because: The applicant could grow vegetation, however, this would not provide the immediate benefit of privacy for the applicant. Whether the requested area variance is substantial. Finding: YES X NO______, because: The setback is being reduced to almost 0’ for a long stretch of the property. 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: 1) The fence is not very visible from the road and public view 2) There will be no impact on wildlife. 3) The design of the fence is appealing. Whether the alleged difficulty was self-created. Finding: YES_____ NO X because: The applicant is a new property owner. 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 a new 6’ high wood fence to be installed at approximately 6” from the side/rear property line, which is less than the 15’ required by Village of Cayuga Heights Zoning Section 6: YARDS. Conditions of Variance: The fence must be built substantially as indicated in the plans submitted to the Board, not to exceed 157’ +/- in length or 6’ in height as shown in the map attached to the application. The vote on the foregoing motion was as follows: AYES: R. Parker NAYS: None J. Young A. Watkins A. Shull K. Sigel F:\ZBA\ZBA 2013\10.7.2013\ZBA 10-7-2013 minutes.doc - 4 - The motion was declared to be carried. 3. Other Business  The next scheduled meeting is on November 4, 2013. 4. Adjourned  Meeting adjourned at 7:43pm.