HomeMy WebLinkAboutZBA Appeal No. 2013-3 Res. Feb. 4 2013.pdfZBA Appeal No. 2013-3 Res. Feb. 4, 2013
Agenda for the
Village of Cayuga Heights
Zoning Board of Appeals Meeting
February 4, 2013
Present:
Absent:
Members of the Public
1. Meeting called to order
2. Minutes
APPROVING MINUTES OF January 9, 2013
3. Variance Requests
A) 210 E Upland Rd
• Code Enforcement Officer B. Cross gave a background summary on the case and
answered questions for the Board.
• The applicant was given the opportunity to speak to the Board regarding the request.
• Public comment- Members of the public were given the opportunity to comment on
the variance request.
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS RESOLUTION
ADOPTED ON FEBRUARY 4. 2013 FOR APPEAL NO. 2013-
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
ZBA Appeal No. 2013-3 Res. Feb. 4, 2013
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:
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:
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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:
ZBA Appeal No. 2013-3 Res. Feb. 4, 2013
YES_____ NO______, because:
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Whether the requested area variance is substantial.
Finding:
YES_____ NO______, because:
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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______, because:
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Whether the alleged difficulty was self-created.
Finding:
YES_____ NO______, because:
____________________________________________________________
ZBA Appeal No. 2013-3 Res. Feb. 4, 2013
____________________________________________________________
____________________________________________________________
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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]
ZBA Appeal No. 2013-3 Res. Feb. 4, 2013
OR
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: ____________________________
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NAYS: ____________________________
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Item 4- New Business
Item 5- Adjourn