HomeMy WebLinkAbout304 Comstock Resolution Form.pdfZBA Appeal No. 2013-6 Res. (July 15, 2013)
F:\ZBA\ZBA 2013\7.15.2013\304 Comstock Resolution Form.doc
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON JULY 15, 2013 FOR APPEAL NO. 2013-9
Motion made by: J. Young
Motion seconded by: M. Eisner
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow construction of a new 6’ high wood fence at 0’
(parallel) from the rear property line, which is less than the 15’ setback
required by Village of Cayuga Heights Zoning Section 6: YARDS. The
property in question is known as 304 Comstock Road (see attached map) tax
map # 6.-3-14; and
B. On July 15, 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 July 15, 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) #12, 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 July 15, 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:
ZBA Appeal No. 2013-6 Res. (July 15, 2013)
F:\ZBA\ZBA 2013\7.15.2013\304 Comstock Resolution Form.doc
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) It enhances the appearance of the property 2) The
neighbors are in support of the fence.
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 X NO _____ but relocating the fence to be compliant would not tie into the
existing shed and would not allow a backdrop for the garden.
Whether the requested area variance is substantial.
Finding:
YES X NO _____ but only 48’ of the property will be affected.
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) There will be no change in the footprint. 2) No negative
comments have been received.
Whether the alleged difficulty was self-created.
Finding:
YES X NO______, because: The applicant wants to build the fence
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:
ZBA Appeal No. 2013-9 Res. (July 15, 2013)
F:\ZBA\ZBA 2013\7.15.2013\304 Comstock Resolution Form.doc
Description of Variance:
Granting of an area variance to allow construction of a new 6’ high wood fence at 0’
(parallel) from the rear property line, which is less than the 15’ setback required by
Village of Cayuga Heights Zoning Section 6: YARDS.
Conditions of Variance:
The fence must be constructed substantially as proposed to the Board.
AYES: R. Parker NAYS: None
J. Young
A. Watkins
A. Shull
M. Eisner
The motion was declared to be carried.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
VILLAGE OF CAYUGA HEIGHTS)
I, Angela M. 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
July 15, 2013.
_________________________________
Deputy Village Clerk
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
July __________, 2013