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Home My WebLink AboutZONE-26-12 - 107 Fayette Street Decision CITY OF ITHACA BOARD of ZONING APPEALS Zoning Determination Appeal No.: ZONE-26-12 Applicant: Camaron Cohen Property Location: 107 Fayette Street Zoning District: Traditional Residential (TR) Applicable Section of City Zoning Code: §325.17.D Requirement for Which Determination is Requested: Fences Publication Dates: May 28, 2026 and June 2, 2026 Meeting Held On: June 2, 2026 Summary: Request of property owner Camaron Cohen for a zoning determination regarding §325- 17.D.,Fences. The applicant proposes to demolish the current single-family home on the property and build a fence along the front and side yard of the property. The lot will not be legally consolidated with the property owner’s home on the adjacent property at 309 W. Green Street but will serve as an expanded rear yard for the home. Currently, the applicant is not proposing the construction of a primary structure on the property. The site will remain vacant. The fence will be 6 feet tall along Fayette Street. The fence will be cedar with slats spaced 2” apart to allow for some visibility. The fence itself will be set back 4’-6’ from the sidewalk to allow room for plantings. The side yard fence will be a 6’ tall solid-panel cedar fence. The project will also include an access gate with a gate and 8’ arbor. As a general practice, the Zoning Administrator requires all front yard fences over 4’ tall and all side and rear yard fences over 6’ tall in residential districts to be reviewed by the Board of Zoning Appeals to determine compliance with §325-17.D., Fences. Public Hearing Held On: June 2, 2026 Members present: Michael Cannon Donna Fleming Andre Gardiner Jason Houghton David Barken, Chair There were no comments from interested parties regarding the appeal. Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law: Not applicable. 108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT Megan Wilson, Secretary to the Board of Zoning Appeals Telephone: 607-274-6550 Fax: 607-274-6558 E-Mail: mwilson@cityofithaca.org Environmental Review: This is a Type 2 Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”), and State Environmental Quality Review Act (“SEQRA”) and is not subject to Environmental Review. Motion: A motion to confirm the proposed fence’s compliance with §325-17.D., Fences was made by D. Fleming. Determination: The City of Ithaca Zoning Ordinance, §325-17.D.,Fences, states: “No fence or wall other than a building may be built to a height that will interfere with the light, air or view of any neighboring property, except as required for screening of parking and storage areas.” The Board noted that the proposed 6’ fence is an attractive design, and the 4’-6’ vegetative buffer from the street will reduce impacts of locating a 6’ fence in the front yard. The proposed fence will achieve the applicants’ goals for privacy without creating a significant impact on the light, air, or view of or to the adjacent residential property. Second: Made by M. Cannon. Vote: 5-0-0 Michael Cannon Yes Donna Fleming Yes Jason Houghton Yes Andre Gardiner Yes David Barken, Chair Yes 5/12/2026 APPEAL #ZONE-26-12 107 FAYETTE STREET Appeal ofproperty owner Camaron Cohen for anarea variance from §325-17.D. Fences. The applicant proposes to demolish the current single-family home on the property and build a fence along the front and side yard of the property. The lot will not be legally consolidated with the property owner’s home on the adjacent property at 309 W. Green Street but will serve as an expanded rear yard for the home. Currently, the applicant is not proposing the construction of a primary structure on the property. The site will remain vacant. Thefence will be 6feettallalong Fayette Street. Sections of the fence will then be 7 feet and 8 feet tall along the side property line between 107 Fayette Street and 109 Fayette Street. The Zoning Ordinance requires that no fence may be built to a height that will interfere with the light, air or view of any neighboring property, except as required for screening of parking and storage areas. The property is located in a Traditional Residential district. As a general practice, the Zoning Administrator requires all front yard fences over 4’ tall and all side and rear yard fences over 6’ tall to be reviewed by the Board of Zoning Appeals. ―Summary ty o t aca oar o on ng ppea s or s eet Appeal Number ZONE-26-12 Address 107 Fayette Street Use District TR Date 6/2/2026 Applicant Camaron Cohen Owner Camaron Cohen Application Type:Area Variance Column Number 2 3 4 5 6 7 8 9 10 11 12 13 14/15 16 325-17.D Column Title Use Accessory Use Off-Street Parking Off-Street Loading Lot Area (Sq. Feet) Lot Width (Feet) Number of Stories Height in Feet % of Lot Coverage Front Yard (Feet) Side Yard (Feet) Other Side Yard (Feet) Rear yard (Feet) Minimum Building Height Fences Existing Condition and Use 1-Family 2 0 3,012 45.65 2 NA 52% Bldg. ~22%~5 3 0 1 2 NA 1-2 Family Multiple Note Non- Conforming Conditions OK OK OK OK OK OK NA Def. Bldg.OK Def. Def. Def.OK NA Proposed Condition and/or Use Vacant lot 2 0 3,012 45.65 >6 feet 1-2 Family Multiple Note Non- Conforming Conditions for Proposal OK OK OK OK OK Def. Street Level Upper Stories Garage Parking Space Proposed Condition and/or Use District Regulation for Proposed Primary 9' min. 9'min. 20' min. from front façade At front façade Front Porch or Stoop Required Blank Wall 8' Max. Note Non- Conforming Conditions for Proposal 2 Stories District Regulations for Existing None Required None Required 3 NA 50% Bldg. 20% Green 5 5 3 10 2 Stories District Regulations for Proposed None Required None Required 3 NA 50% Bldg. 20% Green 5 5 3 10 TR FORM BASE REQUIREMENTS Column Title Structure Type Doors & Entries Floor Height Parking Setback Porches Primary Structure Spacing Street Façade Length Roof 2000 2000 30 30 Pitch of Gable 6:12 Min. 12:12 Max. Functioning entry: on street-facing façade 1 min. Corner lots: 1 functioning entry on street facing façade. NA Pitch Roof: Required Shed Roof: Not allowed as primary *3rd Story Hab. Space: !" #$%&%'()*&)+ ,--.&/0&$% 100234,/0&*) 1256&00)78%49:;: <= > ? @A,BCDDC1D E0F/GB9H; I? J0)K%$30)KL$F)%(/F). ML$F)%L6K$% NOK))%10PQE0F/GB 9H; RSST ? L6K$%L$F)% P9UH;PUPPP /6K$%V/$F)%W'6&.V/$6 PQNOK))%10V E0F/GB9H; XYZ[Z\]^_[^`abbc[def[YZ ghijkilmnopqirs tuvwuxyz ghijkilm{|}o~ [Z\c^Y€ `Y‚eƒ[c„…`^cc[Z\ †por‡opoˆl|o‰iŠrilm‹Œlilm ˆpiˆlŽoŠ Œpr‡iŠ }pŒ}opr| ~ ‘Y ’ˆŠˆ}po iŒhŠ“Œlilm”o io•†}}jiŽˆriŒl–ool qˆko Œpr‡iŠ}pŒ}ŒŠˆj ~ ‘Y †kkiriŒlˆj†}}jiŽˆriŒl—ŒroŠ N)F*)7)6$-)K6&0-2..)70$0˜)7$+%0F)5%7$%)7F$23)U0F) -)K6&0%265)K&3™C8U;UVDF)š)%/)+&..'$2-&66)7&0).š$..$+&%' abbc[deZf›^€f[œ[def[YZ šd^€f[œ„fž^[ZœY€ƒef[YZŸ ¡ƒ[ff^¢`[fžfž^XYZ[Z\]^_[^`abbc[def[YZ[Ÿf€ ^fYfž^¡^Ÿf Yœƒ„£ZY`c^¢\^¤¡^c[^œ¥šecŸYed£ZY`c^¢\^fžefbceZZ[Z\ŸfeœœeZ¢fž^tYe€¢YœXYZ[Z\ abb^ecŸƒe„_[Ÿ[ffž^b€Yb^€f„eZ¢šŸb^d[œ[decc„b^€ƒ[fŸ dž_[Ÿ[fŸ¥ April 15, 2026 Dear Members of the Board of Zoning Appeals, My name is Camaron Cohen, and I have lived at 309 W Green Street, on the corner of Green and Fayette, for the past 15 years. Over that time, I have come to deeply love this home and this neighborhood. My house is historic, and I have spent years carefully restoring and improving it, bringing it back to life in a way that respects its character and contributes positively to the neighborhood. This corner has become not just where I live, but something I feel responsible for and connected to. The adjacent property at 107 Fayette Street has long been a concern. The house there has been in very poor condition for years and was ultimately condemned. After purchasing it, I truly hoped I could save it; I spent time exploring whether restoration was possible, but in the end, it simply wasn’t salvageable due to extensive water damage, mold issues, and significant foundation issues. That was genuinely disappointing to me, as I value the history and fabric of this neighborhood and would always prefer preservation when possible. Now, as I move forward with demolishing the structure, my goal is to turn what has been a blighted and neglected property into something that adds beauty and care back into this corner. I plan to create a garden space and install a thoughtfully designed red cedar fence, something natural, warm, and in keeping with the residential character of the area. I want this space to feel welcoming and intentional, not vacant or exposed. One important consideration is that the existing house currently acts as a substantial visual and physical buffer between properties. Once it is removed, that sense of separation will disappear entirely, especially given that the neighboring homes, including mine, are elevated. The fence I am proposing is designed to gently restore that sense of privacy and enclosure, while still remaining visually permeable and not overwhelming. It is meant to feel like a soft boundary, not a barrier. I care deeply about this neighborhood and about being a good steward of this corner. Everything I am proposing is rooted in a desire to improve the property in a way that is thoughtful, appropriate, and beneficial to those around me. I truly believe this project will replace something distressed with something cared for, and will contribute positively to the character of the street. Thank you very much for your time and consideration. Sincerely, Camaron Cohen Project Description: Fence Area Variance Request The proposed project involves the demolition of an existing condemned residential structure located at 107 Fayette Street, Ithaca, NY, which has been approved under permit DEMO-25-11. This application (B-26-157) pertains solely to the installation of a new fence along the front property line (Fayette Street) and one side yard property line. The existing structure sits directly on or very near the property line and currently functions as a two-story visual and physical barrier between adjacent properties. Its removal will create an abrupt and complete loss of privacy and spatial definition between neighboring parcels. The proposed fence is intended to provide a scaled and context-appropriate replacement for this existing condition, while remaining visually permeable and consistent with the residential character of the neighborhood. Due to its permeable design and reduced scale relative to the existing structure, the proposed fence will have less impact on light, air, and views than the current condition. Following demolition, a new custom red cedar fence will be installed: ● Along the front property line (Fayette Street): a visually permeable fence composed of 2” vertical slats with approximately 2" spacing to maintain openness and streetscape compatibility ● Along the side property line: a fence designed to provide privacy at lower levels, with a permeable upper section (a slatted-style topper) to reduce visual mass and maintain light and air flow. Fence heights are as follows: ● 6 feet in height along the front of the property with permeability ● Approximately 7 feet in height along the side yard, with a 1-foot permeable topper The fence is constructed of natural red cedar, a high-quality material consistent with residential character in the neighborhood. The fence will be installed (by Whitmore Fence) with appropriately sized and reinforced footers designed to safely accommodate the proposed height, ensuring long-term structural stability and a high standard of construction. Existing vs. Proposed Conditions Existing Conditions: ● A condemned two-story structure occupies the lot and sits both on or very close to adjacent property lines ● The structure provides complete visual separation and privacy between properties ● The site currently lacks usable open space and is visually and structurally blighted Proposed Conditions: ● Removal of the condemned structure will significantly open the site visually and spatially ● Installation of a fence will provide modest and scaled separation, especially to delineate parcels, replacing the function currently provided by the building ● No changes are proposed to: ○ Property use (remains residential, but will function as a yard/garden) ○ Occupancy ○ Parking ○ Signage ○ Lot coverage (reduced after demolition) This project results in a net improvement to the property and surrounding neighborhood. Zoning Deficiency The proposed fence height exceeds what is typically permitted at staff level approval and is therefore being presented to the Board for review - City of Ithaca’s code chapter 325-17 (D). ● Proposed height: approximately 7 feet, with 1-foot permeable topper (up to 8 feet in limited areas, only on one side of the property) ● The existing concrete wall/building behind the property, owned by the adjacent Ithaca Plastics property, is approximately 11’ feet in height; the proposed fence will remain far below this existing condition. This variance is requested solely for fence height. Justification for Variance 1. Practical Difficulty Due to Existing Conditions The need for additional fence height is directly related to unique site conditions: ● The existing house currently acts as a two-story privacy wall ● The adjacent homes (including the applicant’s residence at 309 W Green Street) are elevated on block foundations, increasing sightlines into the property ● Removal of the structure creates an unusual and immediate loss of privacy, not typical of standard vacant lots A 6-foot fence would be functionally inadequate in this context and would not replace the existing level of screening. 2. Minimal Impact on Nearby Properties The proposed fence is designed to minimize impact: ● The proposed fence is designed to remain visually permeable and will not interfere with light, air, or views from adjacent properties. ● Use of permeable upper sections reduces visual mass and avoids creating a “solid wall” condition ● The fence replaces a much larger existing structure, resulting in a net reduction in scale ● Materials (natural cedar) and design are consistent with residential character In practical terms, the proposal is less impactful than the current condition. 3. No Change to Neighborhood Character The project will improve neighborhood conditions by: ● Removing a condemned and blighted structure ● Introducing a well-designed, high-quality boundary treatment ● Maintaining a residential scale and aesthetic The fence is not out of character, and the minor adjustment in height is softened through design. 4. Alternatives Considered The applicant considered constructing a fence with a 6-foot height limit. However, due to: ● Elevated adjacent structures ● Loss of existing screening from the demolished building ● Need for functional privacy and safety A 6-foot fence was determined to be insufficient and ineffective. The proposed design represents a balanced solution, providing necessary screening while incorporating permeability to reduce visual impact. 5. No Adverse Environmental or Physical Impact ● No changes to drainage, grading, or impervious surfaces ● No impact on utilities or easements ● Use of natural materials The project has no negative environmental consequences. ― OTICE OF APPEAL ― REGARDIG ZOIG ORDIACE CITY OF ITHACA, EW YORK APPEAL O. TO: Owners of Property within 200 feet of and others interested. (property address) FROM: applicable to property named above, in a(n) zone. (name of person or organization making appeal) REGARDIG:(check appropriate box) Area Variance Use Variance Action, Decision, or Interpretation of Zoning Officer The owner of the above-referenced property has applied to the Board of Zoning Appeals (BZA), as described in the attached letter for a variance or determination. As a nearby property owner, you have the opportunity to comment on the application and/or attend the meeting listed below. Anyone who lives, works, or owns property within 750’ of the above-referenced property may speak for or against the appeal at the meeting or submit a written statement to the BZA before its designated meeting. Written comments may be submitted by email to zoning@cityofithaca.org or sent to the Planning Division, 108 E. Green Street, Ithaca, Y 14850. If you wish to speak in-person or remotely via Zoom at the meeting, you must sign up by 3 p.m. on the day of the meeting by contacting the Planning Division at (607) 274-6550 or zoning@cityofithaca.org. The Board of Zoning Appeals bases its decision primarily on the written evidence submitted and presented to it, the testimony of interested parties, and zoning and legal considerations. The written case record will be available for review in the Planning Division, City Hall – 3rd Floor, 108 E. Green St., beginning one week before the scheduled BZA meeting. The information will also be available on the City’s website at https://www.cityofithacany.gov/368/Board-of-Zoning-Appeals. The BOARD OF ZOIG APPEALS will consider this case on _______ at 5:30 P.M. in Common Council Chambers, City Hall, 108 E. Green St. Ithaca. _________________________________________ ____________________________________________ ________________ Signature of Appellant Address Date CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, ew York 14850-5690 DEPARTMET OF PLAIG & DEVELOPMET Megan Wilson, Secretary to the Board of Zoning Appeals Telephone: 607-274-6550 Fax: 607-274-6558 Email: mwilson@cityofithaca.org 107 Fayette St. Ithaca, NY 14850 ZONE-26-12 Camaron Cohen _________________________________________________________ Si t fffff AAAAAAAAAA lllllllll t 309 W Green St. Ithaca, NY 14850 May 5, 2026 June 2, 2026 TR Traditional Residential; formerly R-2b 500700 71.-10-1 KHK Associates III, LLC PO Box 22 Dryden NY 13053 500700 71.-10-11 Samantha Blasbalg Andrew Matteson 209 S Albany St Ithaca NY 14850 500700 71.-5-13 The Home Assc of Ithaca NY Inc PO Box 609 Ithaca NY 14851 500700 71.-5-17.1 HLC Associates LLC 610 West Clinton St Elmira NY 14901 500700 71.-5-17.2 HLC Associates LLC 610 W Clinton St Elmira NY 14901 500700 71.-5-18 Aldegloria Eziquiel-Shriro 9 Highgate Cir Ithaca NY 14850 500700 71.-5-8 City of Ithaca 108 E Green St Ithaca NY 14850 500700 71.-8-10 Andrew Utterson Revoc Trust Andrew Utterson 110 Fayette St Ithaca NY 14850 500700 71.-8-11 Janna K Edelman 112 Fayette St Ithaca NY 14850 500700 71.-8-12 Heather D Dengler 114 Fayette Street Ithaca NY 14850 500700 71.-8-3 Ray Wall Jane Murray 409 W Green St Ithaca NY 14850 500700 71.-8-4 401-407 Green Street, LLC 131 Haller Blvd Ithaca NY 14850 500700 71.-8-5 401-407 Green Street, LLC 131 Haller Blvd Ithaca NY 14850 500700 71.-8-6 401-407 Green Street, LLC 131 Haller Blvd Ithaca NY 14850 500700 71.-8-7 David Nutt Gina Nutt 104 Fayette St Ithaca NY 14850 500700 71.-8-8 Jyl D Dowd 106 Fayette St Ithaca NY 14850 500700 71.-8-9 Chris Iannone PO Box 6574 Ithaca NY 14851 500700 71.-9-1 Camaron Cohen Irrev Trust 309 Green St W Ithaca NY 14850 500700 71.-9-10 Robert Hutko 109 Fayette Street Ithaca NY 14850 500700 71.-9-11 Rachel Paternoster Cohen Camaron Cohen 309 W Green St Ithaca NY 14850 500700 71.-9-2 Cascade Studios LLC 315 Elmwood Ave Ithaca NY 14850 500700 71.-9-3 The Malley Family Trust 1913 Antonia Pl Lady Lake FL 32159 500700 71.-9-4 Emma Recckio Dominick Recckio 210 Albany St S Ithaca NY 14850 500700 71.-9-5 Andrew M Foster 212 S Albany St Ithaca NY 14850 500700 71.-9-6 Andrew Schreck 148 Coddington Rd Ithaca NY 14850 500700 71.-9-7 Maria Pirro Revocable Trust 3790 NY 3rd Ave Oakland Park FL 33309 500700 71.-9-8 Orel Roberts 756 East 39th St Brooklyn NY 11210 500700 71.-9-9 Peter M Massicci Michael J Massicci 18 Saunders Rd Ithaca NY 14850 500700 80.-5-2 James M Bedore Darcy EM Bedore 36 Chase Ln Ithaca NY 14850 500700 80.-6-1 Patricia Massicci Pietro G Massicci 119 Fayette St Ithaca NY 14850 500700 80.-6-2 Chad D Doolittle Jessica S Doolittle 9504 Congress St Ext Trumansburg NY 14886 1 ZOIG APPEAL CERTIFICATIO OF MAILIG RE: City of Ithaca Board of Zoning Appeals Zoning Appeal #____________ I, ___________________________________, affirm all property owners within two hundred (200) feet of the boundaries of the lot(s) under consideration have been mailed a copy of the enclosed notice on or before ______________________. I affirm the notice was mailed to the property owners at the addresses shown on the attached list of owners, by depositing the copy in a post-paid properly addressed envelope, in a post office or an official depository under the exclusive care and custody of the United States Post Office. I further affirm the names and addresses of the property owners are the same as the most recent assessment roll. ______________________________________ (Appellant’s Signature) Please submit this form by uploading it to your Zoning Review Application on OpenGov. If you have questions, please reach out to the City of Ithaca Department of Planning & Development at (607) 274-6550 or zoning@cityofithaca.org. CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, ew York 14850-5690 DEPARTMET OF PLAIG & DEVELOPMET Megan Wilson, Secretary to the Board of Zoning Appeals Telephone: 607-274-6550 Fax: 607-274-6558 Email: mwilson@cityofithaca.org Camaron Cohen Friday, May 8, 2026 __ ZONE-26-12 Pr o p o s e d n e w f e n c e 11 ' H i g h C o n c r e t e W a l l Ap p l i c a n t ’ s H o m e Ne i g h b o r ’ s h o m e Ne i g h b o r ’ s Y a r d DESIGN DATA CODE: NYS 2025 UNIFORM BUILDING CODE WIND: 115 MPH, ASCE 7-22 24 " 48 " 24 " 48 " WHITMORE FENCE COMPANY 126 North Street DRYDEN, NEW YORK 13053 607-844-9011 www.whitmorefence.com https://www.facebook.com/whitmorefence/ 09/17/2025 7' high Sandwich w/ 2x2 Topper Fencing 24" 60" 24" 60" WHITMORE FENCE COMPANY 126 North Street DRYDEN, NEW YORK 13053 607-844-9011 www.whitmorefence.com https://www.facebook.com/whitmorefence/ 09/17/2025 8' 8' high 8'H Sandwich with 1' 2x2 Topper Fencing 24" 60" 24" 60"