HomeMy WebLinkAboutVariance Request-602 The ParkwayVar iance Request: Fence Construction for 602 The Parkway
Kenneth P. Subin, MD and Sarah B. Subin
July 28, 2020
Introduction
Sarah and I have been residents of Cayuga Heights for over thirteen years. We purchased our
current house at 602 The Parkway ten years ago. We have had three children since moving to
this house. Cayuga Heights is our home. We love this community and adore our neighbors, the
natural beauty of our surroundings, and the architectural diversity of the area. We recently
completed an addition to our home and have further beautification projects in process. When we
plan any change to our property, we are very thoughtful and considerate of the aesthetics of our
neighborhood, always seeking to complement that which already exists. With the same
appreciation for the space and character of our community, we removed an existing, but decrepit,
fence and constructed a new fence with a natural allure and a touch of modern design. The
inception of this idea to update the fence, however, evolved out of necessity to help preserve the
tranquility of our neighborhood when our streets became a much busier pedestrian thoroughfare
after COVID-19 impacted our region.
We, as well as many of our neighbors who have expressed their support for the fence as it is
currently constructed, strongly believe that after the Zoning Board of Appeals considers our
proposal to maintain the fence as it exists, the rationale behind its construction, and aesthetic
appeal to the neighborhood, will agree that a decision to also support our variance request is both
reasonable and prudent for our community.
Proposal
Regarding the current fence line that faces Comstock Road, we respectfully request a variance to
the Village of Cayuga Heights Part II General Legislation, Chapter 305, Article V Residence
Zoning Code, Section 305-19. A.1 Yard Regulations, which states “Buildings in the Residence
Zone shall be set back from property lines the following minimum dimensions, said dimensions
to be measured at right angles to the property lines: (1) Front yard: 25 feet.”
The most proximate fence post location measures 9 feet from the setback off Comstock Road.
The most distant fence post location measures 21 feet from the setback off Comstock Road. The
height of the fence measures 7.5 feet. We request approval to maintain the location and height of
the fence as currently constructed. (See Image 1: Site Map)
Background
Several years ago, we contemplated constructing an addition to the southern, Comstock Road
facing, side of our house to include a privacy wall running parallel to Comstock Road.
Architectural plans were even developed but we decided to cancel that project and, instead,
moved the addition concept to the northern facing part of our home. Having gone through that
initial process, we recalled conversations with the architect and contractor regarding applicable
zoning ordinances, specifically for the location of the privacy wall. Unfortunately, years later,
when we decided to replace our current fence, our recollection of those zoning codes was
inaccurate. We made a mistake. Our assumption, given our address is on The Parkway, and
Comstock Road is a much less trafficked and smaller road compared to The Parkway, that the
southern facing side of our property would be considered a side yard (See Image 2: Comstock
Road, Side Yard).
Although we had planned at some point to replace our decrepit fence, an urgency to do so
occurred when COVID-19 impacted our community. One of the most obvious social impacts to
the community was the escalation of the amount of foot traffic throughout our neighborhood.
The numbers of individuals and families walking, exercising, or pushing strollers throughout our
neighborhood significantly increased.
The location of our house with an adjacent sidewalk promotes a social atmosphere and is one of
our favorite characteristics of where we live. We very much enjoy interacting with our neighbors
and other pedestrians. However, our dog, Adi, was not as welcoming as we would have hoped.
He is a large dog and his ability to roam freely, run and play in our backyard is essential to his
health and well-being. Unfortunately, as more people began walking past our home, particularly
on Comstock Road, Adi would charge the fence and bark incessantly. Although we did not
receive any complaints, we were concerned about the disruption to the tranquility of our
neighborhood, especially for those neighbors likely seeking peace, quiet and an environment to
decompress from the stresses impacting all of us during this time. As such, we quickly
developed a plan to construct a solid fence in order to block our dog’s view of the activities that
were occurring on Comstock Road. We estimated the fence height necessary in order to
accomplish this and determined, based on the elevation grade of our backyard and rear deck to
Comstock Road, that a 7 to 7.5 foot fence would be necessary. Anything lower than this would
not completely obstruct his visual field of Comstock Road and, thus, would not accomplish our
goal to curtail his barking as much as possible.
At this point in our planning, a couple of key incorrect assumptions came into play resulting in
the construction of our fence as it currently exists. First, we believed that the property facing
Comstock Road would be considered a side yard (See Image 2: Comstock Road, Side Yard) and,
thus, subject to applicable zoning codes for a side yard. Our address is The Parkway. Our
mailbox is on The Parkway. Comstock Road is smaller and much less trafficked compared to
The Parkway (See Image 3: Comstock Road). Second, we incorrectly assumed that the
placement distance of a fence greater than 4 feet high for a side yard would be 25 feet from the
center line of Comstock Road. At that time, we did not have an understanding of “setbacks”
versus “property lines” versus physical edges of our yard as it abuts the pavement of the road.
Third, considering that we purchased our home with a 6 foot high fence, though not solid, in the
same location, we assumed that our knowledge of the zoning codes was accurate. As a result, we
subsequently moved forward with the demolition of the old fence and replacement with the new
fence. Due to the presence of a sewage line that was identified prior to digging, we had to adjust
the southeast fence post closer to Comstock Road. This adjustment resulted in a fence line that
would have impacted a large and mature tree, so we subsequently moved the entire fence line
towards Comstock Road thinking, based on assumptions as outlined, that we were still in
compliance with the Village’s zoning codes.
Arguments in Support of Variance Appeal
1. We want to emphasize that we never intended to disregard the zoning codes of the
Village. Assuming that our property facing Comstock Road would be defined as a side
yard was an honest and innocent mistake. However, we believe that, functionally, our
property facing Comstock Road is a side yard. We are not challenging the definitions and
zoning ordinances put forth by the Village of Cayuga Heights, but we are asking for you
to consider the practical use and appearance of Comstock Road as a truly low traffic
volume road as you contemplate your decision for our variance request.
2. We are, of course, partial to the aesthetic appearance of our fence and feel that we have
only added to the appeal and beauty of our home and neighborhood (See Image 4: Fence
Appeal and Image 5: Fence Close-up). In addition, we have received countless numbers
of complements from our neighbors regarding the design and appearance of the structure
and how it adds to the beauty of our community. Because we have received so much
positive feedback, we decided to ask some of those neighbors to add their names to a
letter of support for our variance request which we will submit at the hearing on August
3, 2020. Given the appropriate social distancing practices in place, those individuals
listed were not asked to physically sign a form, but, instead, provide verbal confirmation
of their support along with their address in the event any of the members of the ZBA wish
to verify their contribution to this document.
3. In actuality, the Comstock Road facing portion of the fence is hidden by a dense tree line
(See Image 6: Fence and Tree Line) and barely visible from either vantage point looking
west down Comstock Road from The Parkway (See Image 7: Comstock Road, West
View ), or looking east towards The Parkway from the western end of Comstock Road
(See Image 8: Comstock Road, East View). Therefore, the true impact that the presence
of this fence has on the surroundings is minimal. In addition, the wood construction
allows the structure to blend in with the natural environment.
4. Our dog is vocal and protective of his backyard space. His barking can be intimidating to
those passing by, in addition to disrupting the quiet atmosphere of our neighborhood.
Since we have constructed the fence as it currently exists, his barking has become nearly
nonexistent. The fence is accomplishing the goal that served as the foundation of this
project.
5. Our dog is large, agile, and athletic with an incredible jumping ability. We are concerned
that a 4-foot high fence would be insufficient to contain him in the back yard and we
would be forced to restrict his access to an area of our property that has served him well
for unrestrained physical activity.
6. Finally, this fence project was truly a labor of love for our entire family during our time
of quarantine due to COVID-19. We built this structure ourselves and our children were
essential helpers in its construction. Because of this, we are invested in maintaining the
fence as is, without modification.
We are sincerely appreciative of the opportunity the members of the ZBA have given us to
present our case for a variance request for our fence. We look forward to further discussions at
the upcoming hearing.
Respectfully submitted,
Kenneth P. Subin, MD Sarah B. Subin
Variance Request: Fence Construction for 602 The Parkway
Image 1: Site Map
Image 2: Comstock Road, Side Yard
Image 3: Comstock Road
Image 4: Fence Appeal
Image 5: Fence Close-up
Image 6: Fence and Tree Line
Image 7: Comstock Road, West View
Image 8: Comstock Road, East View