HomeMy WebLinkAbout524 Highland Rd Resolution Form.pdfZBA Appeal No. 2014-4 Res. (December 1, 2014)
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON (APRIL 7, 2014) FOR APPEAL NO. 2014-4
Motion made by: __________________
Motion seconded by: __________________
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow an existing fence to remain approximately 10’
from the front property line(s), which is less than the 25’ required by the
Village of Cayuga Heights Zoning Ordinance Section 6: Yard Requirements.
The property in question is known as 524 Highland Road (see attached map)
tax map # 12.-2-1; and
B. On December 1, 2014 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 December 1, 2014 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 December 1, 2014 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.
ZBA Appeal No. 2014-4 Res. (December 1, 2014)
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:
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.
Finding:
YES______, NO______, because:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Whether the alleged difficulty was self-created.
Finding:
ZBA Appeal No. 2014-4 Res. (December 1, 2014)
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
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: ____________________________
____________________________
____________________________
____________________________
____________________________
ZBA Appeal No. 2014-4 Res. (December 1, 2014)
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 (Date),
_________________________________
Deputy Village Clerk
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
Month __________, 2014