Red Hook WatchIndependent Community Resource

Variance Resolution for Area Variance - Jeremy Anderson Fence Height and Setback

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Activeformal_resolutionongoingGrant an area variance to permit a 7-foot high fence in the required front yard and extending into Town right-of-way at 354 Metzger Road, in violation of Town Zoning Law Sections 143-28 A and 143-28 D.
First seen
2016-12-14
Latest event
2016-12-14
adopted
Expires
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Resolution text

RESOLVED

  1. the variance for the 7-foot high fence in the required front yard and extending into Town right-of-way at 354 Metzger Road is granted as requested.
Show preamble — 9 WHEREAS clauses
  • WHEREAS, the property is not located in a dense neighborhood.
  • WHEREAS, the grade of the road is higher than the grade of the fence.
  • WHEREAS, Board members conducted a site visit, and noted that the fence does not present a visual impact.
  • WHEREAS, the variance requested will not produce an undesirable change to the character of the neighborhood or a detriment to nearby properties, because the lot is somewhat isolated, located behind a commercial facility, and there are no immediate neighbors.
  • WHEREAS, the needs of the applicant cannot be achieved by other than an area variance, however, were the fence to be moved back, behind the front line of the hedges, it would necessitate a smaller variance.
  • WHEREAS, the requested variance is numerically substantial, but the impact is less than similar sized fences, due to the slope of the land.
  • WHEREAS, the requested variance will not affect the physical or environmental conditions in the neighborhood.
  • WHEREAS, the hardship for which the variance is sought to rectify was self-created.
  • WHEREAS, the variance being granted is the minimum variance to meet the needs of the applicant, since the applicant has placed the fence just beyond the hedges, as part of an overall landscaping design.

Lifecycle (1 event)

2016-12-14adoptedvote: 4-1
Approve the variance to grant a 7-foot high fence in the required front yard and extending into Town right-of-way on the corner property at 354 Metzger Road.
moved by Munn · seconded by Ross
Show text snapshot for this event
Resolved
  1. the variance for the 7-foot high fence in the required front yard and extending into Town right-of-way at 354 Metzger Road is granted as requested.
Whereas
  • WHEREAS, the property is not located in a dense neighborhood.
  • WHEREAS, the grade of the road is higher than the grade of the fence.
  • WHEREAS, Board members conducted a site visit, and noted that the fence does not present a visual impact.
  • WHEREAS, the variance requested will not produce an undesirable change to the character of the neighborhood or a detriment to nearby properties, because the lot is somewhat isolated, located behind a commercial facility, and there are no immediate neighbors.
  • WHEREAS, the needs of the applicant cannot be achieved by other than an area variance, however, were the fence to be moved back, behind the front line of the hedges, it would necessitate a smaller variance.
  • WHEREAS, the requested variance is numerically substantial, but the impact is less than similar sized fences, due to the slope of the land.
  • WHEREAS, the requested variance will not affect the physical or environmental conditions in the neighborhood.
  • WHEREAS, the hardship for which the variance is sought to rectify was self-created.
  • WHEREAS, the variance being granted is the minimum variance to meet the needs of the applicant, since the applicant has placed the fence just beyond the hedges, as part of an overall landscaping design.
Subject key: anderson_metzger_road_fence_variance