HomeMy WebLinkAboutZBA-Indelicato-da.pdf
Village of Cayuga Heights
836 Hanshaw Road
Ithaca NY 14850
September 28, 2000
NOTICE OF ACTION OF THE ZONING BOARD OF APPEALS
TO WHOM IT MAY CONCERN:
A Public Hearing was duly advertised and held at 7:30 PM on Monday, September 21,
2000 in the Main Conference Room of Marcham Hall, 836 Hanshaw Road, Ithaca NY to
consider a request from Mr. and Mrs. Charles and Elizabeth Indelicato to relocate the
northern lot line which will then call for a zoning variance at their property at 1001
Triphammer Road for SECTION 7: RESIDENCE DISTRICT, of the Village of Cayuga
Heights Zoning Ordinance (November 1993). The survey map submitted to Brent Cross,
the Village Zoning Officer, showed the remaining lot width of 104.96’ would not comply
with the minimum 125’ lot width (average) allowed in a Residence District. The change
will resolve an existing non-conforming side yard for the property at 1003 Triphammer
also owned by the Indelicato’s and which will be their residence in the future.
Present: Petitioners Mr and Mrs Indelicato, neighbors Ann Antil, Elizabeth DeProsse, and
Kathryn Hopkins, plus members of the Board, Robin Cisne, David Donner, Ken
Robinson and Chair David Allee.
Chair Allee gave a summary of the procedure, the questions to be reviewed and how
those questions differed between use variances, that many have heard of, and the more
common, but less dramatic, area variance case that is involved here. It differs especially
in terms of the need to demonstrate hardship unique to this or a few properties like it in
the district. The notice was sent out in the time required and an environmental impact
statement is not required for the impact likely in this case.
Findings: The variance requested in this setting is not significant in terms of its side yard
requirements under the limit in the ordinance. Nothing is changed by this action except
which property is in conformance. The likelihood of any future negative effect is also not
changed. In this setting the impact on the character of the neighborhood and /or its effect
on surrounding property is not significant. There is no obvious alternative available for
the Indelicato’s to achieve the piece of mind they feel they will have with this change.
Purchase or easement of additional land to meet the letter or spirit of the ordinance is not
feasible in that site. No self imposition of a constraint is involved. The condition is
unique to this lot in the neighborhood, created by the way the lot was split off originally,
although the undersized problem is found in a few other lots in the “old village.”
Determination: The Board voted with four votes to grant the requested variance on a
motion by Donner and a second by Cisne.
Submitted by
David J. Allee, Chair