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HomeMy WebLinkAboutResolution 203 CH RD 1 Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS RESOLUTION ADOPTED ON August 7, 2023 The property in question is known as 203 Cayuga Heights Rd., tax map # 13.-2-8.2. This matter involves consideration of the following proposed action: Application by Colleen Colbert (owner) of 203 Cayuga Heights Road (tax parcel 13.-2-8.2), to construct a new 6’ solid wood fence with a side yard setback of less than 1’ (at south property line), which is less than the 15’ setback required by the Village of Cayuga Heights Zoning Ordinance Section 305-101.A: Fences exceeding four feet in height. Said application has been denied and therefore the applicant is seeking an area variance from the requirements identified above. The Village of Cayuga Heights Zoning Board of Appeals hereby makes the following findings with respect to the criteria for an area variance as set forth in Village Law of the State of New York Section 712-b and Village of Cayuga Heights Zoning Ordinance Section 21: 1. 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. Findings: The fence would not be visible to the public from the street/ passersby. Determination: YES_____ NO __X___ 2 The fence would be visible to the neighboring property, 201 Cayuga Heights Road. Owners, Alan Martinez, and Jessica Martinez Levin expressed their objection and concerns both by a letter to the Zoning Board members and verbally, at the meeting. Determination: YES__X___ NO _____ 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Findings: Planting a foliage barrier is not likely to succeed due to the amount of shade in the area the fence will be. A fence of 4’ at the property line, which needs no variance, would not provide the visual barrier desired. Moving the fence could either disrupt the root system of the trees, causing them damage, or eliminate the view of the trees. Neither result of moving the fence would be the desired outcome. Determination: YES_____ NO __X___ 3. Whether the requested area variance is substantial. Findings: The difference between a 0’ setback and a 15’ setback is substantial. The difference (6’ vs. 4’) in height is also substantial. However, the fence is only along 40’ of the property. Determination: YES__X___ NO _____ 4. Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Findings: The fence is not an enclosure; therefore, air, water, insects, and wildlife can move around it. The fence is only 40’ long. The difference in height between the permitted 4’ fence to a 6’ fence would not further impact disturbance to the tree roots. Determination: YES_____ NO __X___ 3 5. Whether the alleged difficulty was self-created. Findings: The applicant wishes to see her trees but not her neighbor’s yard. Determination: YES__X___ NO _____ WHEREAS: A. On August 7, 2023, the Village of Cayuga Heights Zoning Board of Appeals held a public hearing regarding the action described above, and thereafter thoroughly reviewed and analyzed the materials and information presented by and on behalf of the applicant in support of this appeal, all other information, and materials rightfully before the Board, and all issues raised during the public hearing and/or otherwise raised in the course of the Board’s deliberations; and B. On August 7, 2023, in accordance with Article 8 of the New York State Environmental Conservation Law, the State Environmental Quality Review Act (SEQR), and 6 NYCRR Section 617.5 (c)(16), the Village of Cayuga Heights Zoning Board of Appeals determined that the proposed action is a Type II action, and therefore is exempt from and may be undertaken without further review under SEQR; and C. On August 7, 2023, in accordance with State of New York Village Law Section 712-b and Village of Cayuga Heights Zoning Ordinance Section 21, the Village of Cayuga Heights Zoning Board of Appeals, during its deliberations, took into consideration the benefit to the applicant if the area variance were to be granted as weighed against the detriment to the health, safety and welfare of the neighborhood or community if the variance were to be granted. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. It is hereby determined by the Village of Cayuga Heights Zoning Board of Appeals that the following variance is GRANTED AND APPROVED (with conditions, as indicated), it being further determined that such variance is the minimum necessary and adequate to grant the relief sought and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community: 4 Description of Variance: The Zoning Board of Appeals determined that through the five SEQR findings, the benefit to the homeowner, C. Colbert, owner of 203 Cayuga Heights Road, Ithaca, N.Y. 14850, would be greater than the detriment to the neighborhood. Conditions of Variance: The Village of Cayuga Heights Zoning Board of Appeals grants the Area Variance request of C. Colbert, owner of 203 Cayuga Heights Road, Ithaca, N.Y. 14850 with the following conditions: An official surveyor place survey stakes along the property line, so that the fence installers and code enforcement officials can clearly see them. The east end of the fence can be no closer than 2’ to the neighbor’s (201 Cayuga Heights Rd.) garage. The fence should be a stockade type with a natural wood surface. The fence should be built substantially as described in the application and the photograph provided by the contractor. The vote on the foregoing motion was as follows: AYES: ________________ NAYS: ________________ ________________ _________________ ________________ _________________ The motion was declared to be carried. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: VILLAGE OF CAYUGA HEIGHTS) 5 I, Amy K. Jacot, Deputy Village Clerk of the Village of Cayuga Heights, do hereby certify that the attached Resolution is an exact copy of the same adopted by the Village of Cayuga Heights Zoning Board of Appeals at a regular meeting on August 7. 2023. _________________________________ Deputy Village Clerk Village of Cayuga Heights A copy of said resolution being sent to the applicant and filed with the Village Clerk on _____________________.