HomeMy WebLinkAbout07-02-2007`Minutes
For the
Village of Cayuga Heights
Zoning Board of Appeals Public Hearing and Meeting
Held on July 2, 2007
Board Present: Robin Cisne, Robert Powers, Kenneth Robinson, and Peter McClelland
Zoning Officer: Brent Cross
Zoning Board Secretary: Mary Jane Neff
Guest: Chris & Victoria Anagnost, Jim Giordano and Louise Abbott
Due notice required by law for the variance application was noted as in the file, being an
area variance sought from section 9,Fences and Walls of the Village Zoning Ordinance.
ZBA Chairperson Cisne opened the public hearing at 7:02PM
Chairperson Cisne explained the meeting’s process. First the Board will hear comments
from the petitioner and from the guests. The public hearing will then be closed. The
ZBA Board will convene and discuss the proposed variance request and she requested
that the public not comment during the board’s discussion. She further stated that the
Board may or may not make a decision on this request this evening. She stated that the
Board has 60 days from this evening in which to obtain additional information, if needed,
and to make a decision.
Mr. Cross commented on his report that the Board and neighbors of the property at 1109
Triphammer Road received prior to this meeting. He commented that this property was
somewhat unique because it is adjacent to the commercial zone and that commercial
property owners are now required to provide a buffer or screen when it neighbors a
residential district.
Chairperson Cisne requested the applicant to comment on his the request.
James Giordano presented copies of pictures that showed his back and front yards. He
then explained that they enjoy their back deck personally and enjoy entertaining on their
back deck. However, the adjacent commercial properties on the east, State Farm
Insurance, and south, Olver Insurance, Word Pro, Doctor’s Office, have blacktop drive
and parking areas with no buffer between them and his property. Frequently in the
evenings and on weekends there are cars parked in those areas with people coming and
leaving the commercial offices. The 6-foot that he is proposing is a privacy fence that
would provide privacy from the adjoining commercial properties; that keeping it that
height all the way around his back yard would look very nice. He also commented that to
meet the 15-foot set back requirement would render the area between the fence and the
back lot line as unusable and would extremely limit the usable area.
The Board reviewed the pictures that Mr. Giordano had prepared for them. Chairperson
Cisne stated the Board does not favor a box community, but understand that this is a
unique request due to being adjacent to the commercial zone. She asked if he would
consider a 4-foot fence on both sides and bring the rear 6-foot fence in the 15 feet to meet
the zoning requirements.
Mr. Giordano stated that to meet the 15-foot set back requirement would render the area
between the fence and the back lot line as unusable and would extremely limit the usable
area around his deck. A 4-foot fence would not screen his back yard from the activities at
the adjacent commercial offices.
There being no other comments Chairperson Cisne closed the public hearing at 7:40 PM.
The ZBA Board meeting was called to order at 7:40 PM by Chairperson Cisne.
Chairperson Cisne stated that it was a unique property because of its location next to the
commercial zone. At this time she would consider granting the variance. Member
Robinson stated that he favored a 6-foot fence on the property lines that are adjacent to
the commercial area and a 4-foot fence on the property lines adjacent to the residential
area. Member Powers stated that he favored strictly enforcing the Village’s fence
ordinance. Member McClelland stated that he agreed with Robinson’s comments.
On a motion by Robinson, seconded by McClelland the following was passed with 5
ayes.
RESOLVED, that a variance for a 6-foot fence on the property lines on the east
side and the south side is hereby granted, and
BE IT FURTHER RESOLVED, that a variance for a 6-foot fence on the north
and west side property line is hereby denied.
On a motion duly made and seconded this meeting was adjourned at 8:15 PM.
Respectfully submitted,
Mary Jane Neff, Secretary