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HomeMy WebLinkAboutZBA Minutes 2018-11-13Town of Ithaca Zoning Board of Appeals Tuesday, November 13, 2018 6:00 p.m. Public Hearing Appeal of Hadas Ritz, owner; 116 Valley View Rd., TP 29.-2-2 requesting a variance from Town of Ithaca Code, Chapter 270-223 sec 5 Fences and retaining walls to allow for a maximum height of up to 9 feet 5 inches at the corner posts of the gateway of a recently erected deer fence where 8 feet is allowed. Information on the appeal is available at www.town.ithaca.ny.us/meeting-agendas. Paulette Rosa Town Clerk 11/2/2018 Town of Ithaca Zoning Board of Appeals Tuesday, November 13, 2018 6:00 p.m. Minutes Present: Rob Rosen, Chair; Members Bill King, Chris Jung, Caren Rubin, George Vignaux and Alternates David Squires and David Filiberto Staff: Bruce Bates, Director of Codes, Paulette Rosa, Town Clerk and Lorraine Moynihan- Schmidt, Attorney for the Town Mr. Rosen opened the meeting at 6:02 p.m. Public Hearing Appeal of Hadas Ritz, owner; 116 Valley View Rd., TP 29.-2-2 requesting a variance from Town of Ithaca Code, Chapter 270-223 sec 5 Fences and retaining walls to allow for a maximum height of up to 9 feet 5 inches at the corner posts of the gateway of a recently erected deer fence where 8 feet is allowed. Mr. Rosen asked the board if they had any questions for the applicant. The board was not concerned with this appeal saying that there were many fences in the neighborhood and the fence in question fit in and the need for the height at the gate to allow for a truck access is reasonable. Mr. Rosen opened the public hearing at 6:05 p.m. and seeing no one, closed it. Ms. Schmidt stated that SEQR is not required; this is a Type 2 action and exempt. ZBA Resolution 0066-2018 116 Valley View Rd, TP 29.-2-2 Height Variance November 13, 2018 Resolved that this Board grants the appeal of Hadas Ritz, owner; 116 Valley View Rd., TP 29.-2- 2 requesting a variance from Town of Ithaca Code, Chapter 270-223 sec 5 Fences and retaining walls to allow for a maximum height of up to 9 feet 5 inches at the corner posts of the gateway of a recently erected deer fence where 8 feet is allowed with the following: Conditions: That the height of the fence not be changed from what exists now, and Findings That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically that: 1. The benefit that the applicant wishes to achieve could not be achieved by any other means feasible given that a truck needs to drive under the top rail of the gate, and 2. That there will not be an undesirable change to the neighborhood in that neighboring properties have similar deer fences, and 3. That the request is not substantial, in that the height increase is only at the two posts of the gate area and the slope of the property makes even that height increase less noticeable, and 4. That there will not be an adverse environmental impact given that no SEQR is required, and 5. That the alleged difficulty is self-created in that the applicant wishes to have a deer fence of this style, but nevertheless, there will not be an adverse impact to the health, safety or welfare of the community for the reasons stated above. Moved by Rob Rosen, seconded by George Vignaux Vote: Ayes – Rosen, King, Vignaux, Rubin and Jung – Unanimous Meeting was adjourned at 6:08 p.m. You are receiving this notice because you live within 500 feet of the property requesting a variance. You can submit comments in writing or appear in person. Thank you Paulette Rosa Town of Ithaca Zoning Board of Appeals Tuesday, November 13, 2018 6:00 p.m. Public Hearing Appeal of Hadas Ritz, owner; 116 Valley View Rd., TP 29.-2-2 requesting a variance from Town of Ithaca Code, Chapter 270-223 sec 5 Fences and retaining walls to allow for a maximum height of up to 9 feet 5 inches at the corner posts of the gateway of a recently erected deer fence where 8 feet is allowed. Information on the appeal is available at www.town.ithaca.ny.us/meeting-agendas. Paulette Rosa Town Clerk 11/2/2018 § 270-223 Fences and walls; retaining walls. [Amended 11-9-2009 by L.L. No. 14-2009] (5) Deer fences up to eight feet in height are permitted as of right in all zones and in all locations, including yards, setbacks and buffer areas. Building permits are required for deer fences exceeding six feet in height.