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HomeMy WebLinkAbout201 Oak Hill Rd Resolution .pdfZBA Appeal No. 2013-3 Res. Feb. 4, 2013 VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS RESOLUTION ADOPTED ON FEBRUARY 4, 2013 FOR APPEAL NO. 2013-3 Motion made by: ______________________________________ Motion seconded by: ______________________________________ WHEREAS: A. This matter involves consideration of the following proposed action: granting of an area variance to allow a fence which is approximately 5’ and closer to the front property line which is less than 25’ front yard setback required by Zoning Ordinance Section 6. Yard Requirements to be modified to 4’ and remain in place. The property in question is known as 201 Oak Hill Road (see attached map) tax map # 14.-3-1; and B. On February 4, 2013 , 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 February 4, 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 February 4, 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: 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. 2013-3 Res. Feb. 4, 2013 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______, because: ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ 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______, because: ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ Whether the requested area variance is substantial. Finding: YES_____ NO______, because: ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. ZBA Appeal No. 2013-3 Res. Feb. 4, 2013 Finding: YES_____ NO______, because: ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ Whether the alleged difficulty was self-created. Finding: YES_____ NO______, because: ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ 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: Conditions of Variance: [Describe conditions of the variance, if any] OR ZBA Appeal No. 2013-3 Res. Feb. 4, 2013 2. It is hereby determined by the Village of Cayuga Heights Zoning Board of Appeals that the proposed variance is DENIED. The vote on the foregoing motion was as follows: 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 February 4, 2013 _________________________________ Village of Cayuga Heights Clerk A copy of said resolution being sent to the applicant and filed with the Village Clerk on Month __________, 2012