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HomeMy WebLinkAboutZBA 5-3-21 Final Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 Zoning Board of Appeals Monday, May 3, 2021 Zoom Meeting ID# 95576698389 7:00 p.m. Present: Chair: L. Staley; R. Parker; J. Sauer; S. Barnett; M. Friend; Code Enforcement Officer B. Cross: Attorney R. Marcus; A. Bensadoun; P. Bensadoun; J. Bensadoun; P. Bensadoun; J. Putman; C. Obern; R. Robinson; D. Maldow; M. Austin-Appleton; Deputy Clerk P. Rich 1. Call to Order: Chair L. Staley calls the meeting to order at 7:02 p.m. 2. Approval of Minutes of Zoning Board of Appeals meeting: August 3, 2020 BE IT RESOLVED THAT: The Village of Cayuga Heights Zoning Board of Appeals approves the August 3, 2020 minutes as presented. Motion: R. Parker Second: J. Sauer Ayes: L. Staley; R. Parker; J. Sauer; S. Barnett, M. Friend Abstentions: None 3. Public Comment: No members of the Public wish to speak. 4. Variance Request: 505 The Parkway (Tax Parcel 6.-5-2) An application to construct a new 5’ tall metal spindle fence at the above referenced property has been denied. Portions of the new fence are proposed to be located at approximately 0’ from the side and rear property lines which is less than 15 ‘setback required by the Village of Cayuga Heights Zoning Ordinance Section 305-19. A: Yard Requirements. ● B. Cross: Request by Meredith Austin- Appleton (agent) for Oliva White (owner) of 505 The Parkway. To clarify the applicant’s agent M. Austin-Appleton is by choice, as she is purchasing the property at 505 The Parkway. ● R. Marcus: For the record R. Marcus represents the owner, there is no conflict of interest as the variance is requested by the agent who is purchasing the home, and obtaining the variance is not a condition of the purchase. Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 ● R. Parker: Met with current property owner who provided a more detailed map than the map submitted with variance application by T.G. Miller. Such more detailed map was provided to all ZBA members via e-mail prior to meeting. ● B. Cross: For the record the setback along the East side to clarify is .90’. Along the Northern property line, the proposed is 3.8’ further away as it travels East. ●R. Marcus: Would like to remind the Zoning Board of Appeals that any past variances do not set any precedent for this variance. ● Applicant M. Austin-Appleton: Before we move to the Village of Cayuga Heights in June 2021, we wanted to replace the fence in the back yard as our large dog could jump over the fence. We plan to open the front yard by removing the fencing. We will keep the new fence along route of current fence; no tree removal and we wish to maintain the landscaping. We do need to angle the fence to go around the tree in the North East corner. The current fence is to be removed, the shed will be part of the fencing and carry to the other side. We will be removing the fencing in the front to open the front yard to make more visible. We looked at various kinds of fencing and feel the steel fence best meets our needs and goes with the neighborhood. ● M. Friend: Why move the fence in front of the tree vs. behind the tree? ●M. Austin- Appleton: If we were to move the fence behind the tree, we would have to get rid of the plantings, which we are trying to avoid. ● B. Cross: I want to inform the Zoning Board of Appeals that traditionally I do not measure the post tops of the fence. 5. Meeting Open to the Public: 7:42 ● The Bensadoun’s stated they are concerned about the current landscaping and want to protect the plants that are on both sides of their property line. They have been there for more than 30 years and were planted with previous owner. ● C. Obern: Voiced concern regarding barking dog and hopes they relocate the compost pile. ● J. Bensadoun: Requested the applicant communicates with neighbors when fence is going in and hope neighbors can communicate with contractor. Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 ● D. Maldow: Thanked everyone for the opportunity to speak. It is very is very important to us to maintain the landscaping and the tree. We looked at various fencing to best meet our needs and maintain the landscaping. We will provide as much notice as possible regarding the construction of the fence. ● S. Barnett: What does the previous variance state for the property in regard to the deer fence up to 8’with plastic netting? ●B. Cross: Asked if the previous variance is stand alone or do, we seek to delete during this process? ● R. Marcus: The variance remains with the property; a past variance has no bearing on the current variance. If there were a Pre-existing nonconforming fence, that status would end when the fence is removed. ● J. Sauer: The North Side of the remaining deer fence, it can be maintained. The Board decided that within the Village of Cayuga Heights that fences should be 4’, why are we here? This is the ruling the Board made, this is what they want when they made that rule. ● R. Marcus: The role of the Zoning Board of Appeals is not to enforce the law. A variance is permission granted by the Zoning Board of Appeals so that the land use may differ from that allowed by the Zoning Code. Variance is SEQR Exempt: 617.5(c)(16). The Zoning Board of Appeals, then considered each of the five required questions: Whether an undesirable change will be produced in the character of the neighborhood or detriment to nearby properties will be created by granting the area variance. Finding: The proposed fence is very similar in style to immediately adjacent fence in the neighboring yard. It will be replacing an existing fence. The plan includes removal of additional fencing in both “front” yards. The design is attractive. Of the two adjacent property owners, one has no complaint as long as vegetative privacy buffer is retained, while the other is concerned about the possibility of a barking dog near their heavily used porch. YES NO X Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 Whether the benefit sought by applicant can be achieved by some method feasible for the applicant to pursue other than the variance. Finding: The fence could be lower, possibly with netting above to reach the desired height. The fence could be moved in, even to the setback, although that would affect the landscaping and the amount of room for the dog. YES X NO Whether the requested area variance is substantial. Finding: The area variance is a decrease from 15’ to less than 1’ in places, which is substantial. However, the proposed fence is lower (20% of current allowed) and fairly transparent, a (10%) reduction of required transparency for portion over 4’. YES X NO Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Finding: The fence is replacing an existing fence. The design will not affect wildlife passage; it will be less obstructing than the existing approved fencing. There will be no change in other environmental effects. YES NO X Whether the alleged difficulty was self-created. Finding: The existing fence could be replaced without requiring a variance, but the applicants want a higher fence without mesh. YES X NO ●S. Barnett: Can we request it be set back and the applicants need to maintain the plantings? It is within our rights to simply say no or discuss moving it back for maintenance and to move away from neighbor’s porch on the east side. How many feet do we ask the applicant to move back? Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 ● Chair L. Staley: Stated she thinks 5’ would be good for maintenance and privacy. ● M. Friend: I feel better moving it 5’ off the east line. ● J. Sauer: Stated he is not in agreement with moving it 5’ back. ● B. Cross: Reminded the Zoning Board of Appeals members it is up to the applicant to request or modify application to include 5’ set back. ● S. Barnett: The Board needs to discuss to see if we agree regarding a set back and how far before we take it back to the applicant. ● R. Parker: What is 5’, why not 3’ or 10’? 5’ does not make a significant difference, if we are okay with 5’ then why are we not okay with application as submitted? ●S. Barnett: We could request 15’ or deny application as Jeff suggested. ● M. Friend: Currently there is 10’ between fence and neighbors’ patio and another 5’ make it 15’, that sounds right to me. ● J. Sauer: As Randy pointed out, it is not up to us to ask the applicant to present a 5’ set back. ● R. Marcus: If the Zoning Board of Appeals has exhausted the deliberation, you can ask the applicant if they would like to modify their application. ● S. Barnett: We as a Board need to agree before asking the applicant if they would like to modify application. ● R. Parker: As it stands now, we have 1-yes, 1 no, and 3 with conditional modifications. ● M. Friend: If the applicants state that it is too difficult to move back 5’, then I would probably vote yes. ● L. Staley: The fence is very close to the property line, very close to the Robinson’s house, I would just feel better if they moved it back 5’. ● R. Parker: Asked L. Staley if she would deny the application as presented? Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 ● L. Staley: I think it is very reasonable to move fence back 5’, I would deny application as is. ● R. Parker: The Robinson’s house being near the property line is the Robinsons’ issue, not the applicants. ● S. Barnett: The Robinsons’ are entitled to expect a 6’ fence to be 15’ from their property line. ● B. Cross: A reminder that the 4” spacing of spindles used for guard rails for safety by building codes but not utilized for fencing. If spindles were 5” apart there would be no need for a variance. ● R. Parker made a Motion approve variance as it is with conditions. No one seconded motion. ● L. Staley asked applicant if they would be willing to set fence back by 5’? ● Applicant D. Maldow: I would need to speak to my wife, we don’t want to reduce any back-yard space and it is important to us to maintain the landscaping. As some of my future neighbors stated that moving the fence back 5’on the East side would make them more comfortable, then I am happy to do so. I just need to confer with my wife. ● B. Cross: If D. Maldow considers modifying the variance application to have a setback of 5’, then this suggests to me that the Village of Cayuga Heights has 60 day to act on way or another as no decision will be tonight. ● R. Parker: To hold decision until next month is too late for the applicants as they wish to have fence completed before moving in. ● J. Sauer: If they aren’t moving until June resolving this in June should be okay. ● L. Staley: Applicant would like to have the fence done before moving in, the closing is at the end of May. ● D. Maldow: I can confer with my wife in just a few moments if that is okay with the board? ● Board agrees to allow time for applicants to discuss. ●D. Maldow: Spoke to my wife, the only concern is the corner where the tree is, we are happy to accommodate the board and our future neighbors and set fence back 5’. Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 BE IT RESOLVED THAT: The Village of Cayuga Heights Zoning Board of Appeals grants the variance request at 505 The Parkway subject to the following conditions: 1) The fence design must remain substantially as shown in the application, retaining no less than 80% transparency, 2) The privacy buffer landscaping on the north should be retained, 3)The existing picket fence in the front yards should be removed as proposed, 4) The fence style should be the same materials and construction in the front yards as in the rear and side yards, and 5) The new fence should be along the existing fence line on the north side, and the east side must be moved in at least 5’ from the property line, allowing deviations to preserve trees. M. Friend made motion to accept variance with the listed conditions. Seconded: S. Barnett Aye Votes: M. Friend, S. Barnett, R. Parker, L. Staley Nay: J. Sauer Motion Carried. ●B. Cross: Informed the applicant the Variance has been approved effective immediately, anyone can appeal the decision within 30 days. 6. New Business: B. Cross informed the board there is a village resident who resides in a residential district who is concerned about daily happenings in the commercial district. The individual may want to appeal Code Officer’s decision. If they do decide to appeal, not sure if it would go to the Zoning Board of Appeals or to the Board of Trustee? ● R. Marcus: That would be a request for the Zoning Board of Appeals to consider a decision of the Code Officer, it is a different process then what the Zoning Board of Appeals would normally go through in considering a variance request. Meeting Adjourned at 9:35 p.m.