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Application for Area Variance - Fred C. Cartier Fence

↑Meetings/Resolutions/16-05
Failed/Withdrawnformal_resolutionongoingZoning Board of Appeals granted an area variance to Fred C. Cartier to permit a six-foot high fence within the 35-foot required setback for two front yards on a corner lot in the R1 district, as the variance would not produce undesirable change to the neighborhood, the applicant's needs cannot be achieved without the variance, and neighbors support the improvement.
First seen
2016-10-12
Latest event
2016-10-12
defeated
Expires
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Resolution text

RESOLVED

  1. Application # 16 - 05 a request for a variance from Section 143 – 28 A, as set forth above, be granted on the following grounds: 1. The variance requested will not produce an undesirable change to the character of the neighborhood or a detriment to nearby properties, because there are no properties abutting the right side of this property, and it is consistent with the neighborhood, in particular the property to the left, which has a similar fence. 2. The needs of the applicant cannot be achieved by other than an area variance, because he would lose 25% of his back yard in moving the fence to the required setback, and his location, near a commercial district creates a need for security and privacy. 3. The requested variance is not substantial, numerically. 4. The requested variance will not affect the physical or environmental conditions in the neighborhood, and the applicant has submitted letters from neighbors stating the proposed fence is an improvement to the neighborhood. 5. The hardship for which the variance is sought to rectify was self-created. 6. The variance being granted is the minimum variance to meet the needs of the applicant, based on his need for security and privacy.
Show preamble — 6 WHEREAS clauses
  • WHEREAS, the application was determined to be a Type II Action under the State Environmental Quality Review Act, Section 6NYCRR Part 617
  • WHEREAS, said application requests a variance or adjustment to the strict application of the Zoning Code, specifically regarding a fence, six feet in height, within the 35 foot, required setback, for two front yards, on a corner lot, in the R1 district of the Town
  • WHEREAS, the Board held a Public Hearing, notice of which was duly published in the Poughkeepsie Journal and the Daily Freeman on 08/26/16 and posted as required by law
  • WHEREAS, at said Public Hearing all who desired to be heard were heard and their testimony recorded
  • WHEREAS, on 09/14/16 the Board determined that the application would not result in any significant adverse environmental impacts and adopted a determination of non-significance
  • WHEREAS, all testimony has been carefully considered and the following pertinent facts noted: The fence, as proposed, does not obstruct traffic visibility, or otherwise present a hazard to traffic. The fence would replace an overgrown hedge, and is considered an improvement to the neighborhood by the applicant's neighbors, who contacted the ZBA. The applicant would need to reduce his fenced area by 25% in order to comply with the required setbacks for a fence 6' in height. There is no immediate neighbor to the right of the applicant's property, and the neighbor to the left has a fence similar to the one proposed by the applicant.

Lifecycle (1 event)

2016-10-12defeatedvote: 3-3
Grant a variance to Fred C. Cartier for a six-foot fence within the 35-foot setback on a corner lot.
moved by Ross · seconded by Carney
Show text snapshot for this event
Resolved
  1. Application # 16 - 05 a request for a variance from Section 143 – 28 A, as set forth above, be granted on the following grounds: 1. The variance requested will not produce an undesirable change to the character of the neighborhood or a detriment to nearby properties, because there are no properties abutting the right side of this property, and it is consistent with the neighborhood, in particular the property to the left, which has a similar fence. 2. The needs of the applicant cannot be achieved by other than an area variance, because he would lose 25% of his back yard in moving the fence to the required setback, and his location, near a commercial district creates a need for security and privacy. 3. The requested variance is not substantial, numerically. 4. The requested variance will not affect the physical or environmental conditions in the neighborhood, and the applicant has submitted letters from neighbors stating the proposed fence is an improvement to the neighborhood. 5. The hardship for which the variance is sought to rectify was self-created. 6. The variance being granted is the minimum variance to meet the needs of the applicant, based on his need for security and privacy.
Whereas
  • WHEREAS, the application was determined to be a Type II Action under the State Environmental Quality Review Act, Section 6NYCRR Part 617
  • WHEREAS, said application requests a variance or adjustment to the strict application of the Zoning Code, specifically regarding a fence, six feet in height, within the 35 foot, required setback, for two front yards, on a corner lot, in the R1 district of the Town
  • WHEREAS, the Board held a Public Hearing, notice of which was duly published in the Poughkeepsie Journal and the Daily Freeman on 08/26/16 and posted as required by law
  • WHEREAS, at said Public Hearing all who desired to be heard were heard and their testimony recorded
  • WHEREAS, on 09/14/16 the Board determined that the application would not result in any significant adverse environmental impacts and adopted a determination of non-significance
  • WHEREAS, all testimony has been carefully considered and the following pertinent facts noted: The fence, as proposed, does not obstruct traffic visibility, or otherwise present a hazard to traffic. The fence would replace an overgrown hedge, and is considered an improvement to the neighborhood by the applicant's neighbors, who contacted the ZBA. The applicant would need to reduce his fenced area by 25% in order to comply with the required setbacks for a fence 6' in height. There is no immediate neighbor to the right of the applicant's property, and the neighbor to the left has a fence similar to the one proposed by the applicant.
Subject key: cartier_fence_variance_16_05