HomeMy WebLinkAbout511 Kline Rd Resolution Form.pdfZBA Appeal No. 2014-1 Res. (Jan. 6, 2014)
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
RESOLUTION ADOPTED ON (JANUARY 6, 2014) FOR APPEAL NO. 2014-1
Motion made by: K. Sigel
Motion seconded by: R. Parker
WHEREAS:
A. This matter involves consideration of the following proposed action: granting
of an area variance to allow a new 6’ high fence to be installed at
approximately 1.5’ from the front property line, which is less than the 25’
required by Village of Cayuga Heights Zoning Section 6: YARDS. The
property in question is known as 511 Kline Road (see attached map) tax map
# 15.-6-2 and
B. On Jan. 6, 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 Jan. 6, 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 Jan. 6, 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. 2014-1 Res. (Jan. 6, 2014)
Finding:
YES______, NO X because: 1)There have been no objections from neighbors. In
addition, the neighbor that would be most affected did not voice any objections. 2)
The configuration of the fence is largely determined due to the location of the house
so close to the property line.
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 X because: there is not sufficient room to plant a visual buffer
between the house and the road right of way.
Whether the requested area variance is substantial.
Finding:
YES X NO______: but is mitigated because only a portion of the fence is 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) Wild life would still be able to pass through 2) The
fence would not be in the Village right of way.
Whether the alleged difficulty was self-created.
Finding:
YES X NO______, because: The applicant purchased the property, however, they did
not create the privacy issue.
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
ZBA Appeal No. 2014-1 Res. (Jan. 6, 2014)
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 fence to be installed at approximately
1.5’ from the front property line, which is less than the 25’ 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.
The vote on the foregoing motion was as follows:
AYES: R. Parker NAYS: J. Young
S. Manning
A. Shull
K. Sigel
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 January 6,
2014.
_________________________________
Deputy Village Clerk
Village of Cayuga Heights
A copy of said resolution being sent to the applicant and filed with the Village Clerk on
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