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Variance Decision for Fence Height — Appeal 15-07

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Activeformal_resolutionongoingGrant area variance from Section 148-28 A to permit a seven-foot-high fence in the required front yard, consisting of two solid sections (9 feet and 7 feet) with hinged doors, at 354 Metzger Rd, RD3 district.
First seen
2015-11-11
Latest event
2015-11-11
adopted
Expires
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Resolution text

RESOLVED

  1. Application 15-07, a request for a variance from Section 148-28 A, be granted, with the stipulation that the fence shall be constructed as depicted on the landscape plan, and not modified or enlarged, and shall comprise two solid sections, one 9' in length, and one 7' in length, with hinged doors in the center of the two sections, on the grounds that: (1) the variance requested will not produce an undesirable change to the character of the neighborhood, or a detriment to nearby properties; (2) the needs of the applicant cannot be achieved by other than an area variance, noting that the trees could have been placed elsewhere, but that this solution produces a cleaner entrance; (3) the requested variance is not substantial, given the location and adjacent plantings, which are permitted; (4) the requested variance will not affect the physical or environmental conditions in the neighborhood; (5) the hardship for which the variance is sought to rectify was only partially self created, but done so for understandable reasons; and (6) the variance being granted is the minimum variance to meet the needs of the applicant, given the facts above
Show preamble — 6 WHEREAS clauses
  • WHEREAS, the action 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 in three sections, in the front yard, in the R3 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 October 30, 2015, 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 November 11, 2015, 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 location of the fence, the impact on the neighborhood, and the benefit to the applicant

Lifecycle (1 event)

2015-11-11adoptedvote: 5-0
Grant a variance from Section 148-28 A to permit a seven-foot fence in the required front yard at 354 Metzger Rd, RD3 zoning district, consisting of two solid sections (9 feet and 7 feet in length) with hinged doors in the center.
moved by Ross
Show text snapshot for this event
Resolved
  1. Application 15-07, a request for a variance from Section 148-28 A, be granted, with the stipulation that the fence shall be constructed as depicted on the landscape plan, and not modified or enlarged, and shall comprise two solid sections, one 9' in length, and one 7' in length, with hinged doors in the center of the two sections, on the grounds that: (1) the variance requested will not produce an undesirable change to the character of the neighborhood, or a detriment to nearby properties; (2) the needs of the applicant cannot be achieved by other than an area variance, noting that the trees could have been placed elsewhere, but that this solution produces a cleaner entrance; (3) the requested variance is not substantial, given the location and adjacent plantings, which are permitted; (4) the requested variance will not affect the physical or environmental conditions in the neighborhood; (5) the hardship for which the variance is sought to rectify was only partially self created, but done so for understandable reasons; and (6) the variance being granted is the minimum variance to meet the needs of the applicant, given the facts above
Whereas
  • WHEREAS, the action 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 in three sections, in the front yard, in the R3 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 October 30, 2015, 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 November 11, 2015, 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 location of the fence, the impact on the neighborhood, and the benefit to the applicant
Subject key: hendifar_anderson_fence_variance_354_metzger