HomeMy WebLinkAbout09-11-2006Village of Cayuga Heights
Zoning Board of Appeals Hearing
Held on 9/11/06
Board Present: Robin Cisne, Robert Powers, Joe Petrillose, Kenneth Robinson, Peter
McClelland
Zoning Officer was excused.
Zoning Board Secretary: Mary Jane Neff
Guest: Martin Harms, Mr & Mrs. Stuart Phoenix, Alan Hatcher, Yolanda Tovar, John
Henderson, Elaine Houck, Edna Michael, David & Candace Shoemaker, Tim Tietelbaum
ZBA Chairperson Cisne called the 1st public hearing to order at 7:10 PM
Mrs. Phoenix of 914 Highland Road stated that they had recently purchased the house
and that the fence was very old, improperly installed and was falling down in areas. The
Phoenix’s stated that they wanted a nice back yard and a private back yard. They
presented pictures of the old fence that was in disrepair and pictures of the new 6 foot
fence that has been installed to show the board the improvement that the new fence made
to their back yard. The owners had thought that it was OK to construct the new fence
because the old fence was 6-foot tall. However, when the contractor came to start the
installation they asked if the owners had gotten a permit to construct the fence. Mrs.
Phoenix contacted Mr. Cross who informed them that they could not construct a fence
taller than 4-feet without a zoning variance. Mrs. Phoenix stated that the lower portion of
the fence was 4 ½ feet tall and it was her impression that it was OK to construct that
portion of the fence since they had started the variance process. However, as long as the
contractors were there, they had them place the lattice portion at the top of the fence
which is 1 ½-feet thus making the fence a total of 6–feet tall. The board expressed
confusion as to why the fence was constructed before the variance was granted.
Residents expressed concern that 6 foot fences were being install throughout the Village
and that they had thought that the Village wished to be an open area Village.
The public hearing was closed at 7:25 PM.
The board discussed. A motion was made by Robinson to grant the variance and the
motion fail due to the lack of a second.
On a motion by Cisne, seconded by McClelland the following was passed:
RESOLVED, that this Board hereby tables the decision on the request to
construct a 6-foot fence at 914Highland Road, tax parcel # 2-7-8, until the
Zoning Officer is present to answer this Board’s questions, and
BE IT FURTHER RESOLVED, that this Board also request research on the
original fence ordinances, and
IT IS FURTHER RESOLVED, that Mr. & Mrs. Phoenix is invited to return to
this Board’s October 2, 2006 meeting.
The next public hearing was called to order at 7:34 PM
Martin Harms explained his proposal to construct a garage at the edge of his
property to replace his existing car port. The placement of the proposed structure does
not meet the side yard set back. However due to the lay of his property (various
inclines), he has no other reasonably flat place to construct a garage. He further
explained that constructing the garage where the car port is would mean pulling into the
garage at an angle which would be difficult in the winter time. He presented a drawing of
the proposed garage and layout of his property. There was no public comment on this
request.
This public hearing was closed at 7:45.
The Board members discussed.
On a motion by Petrillose, seconded by Powers the following was passed:
RESOLVED, that a variance is hereby granted for a 4-foot side yard for the
purpose of constructing a garage at 8 Highland Park.
The last public hearing was called to order at 7:48.
Yolanda Tovar and John Henderson requested a variance to construct a 6 foot
fence around their property. The presented pictures of the existing iron fence which they
wish to extend so that they can keep the deer from their plantings. They provided
pictures of their yard and where the fence would be constructed. They further stated that
they had investigated other alternatives like hedges, but that none would allow them to
have a yard that would be protected from the deer. Again there were comments from the
public regarding the Village’s open space preference. They also expressed concern that if
a 6-foot fence is constructed to keep the deer out of the Tovar & Henderson yard, that the
deer would come onto the other residents’ property in that area. The public stated that
the deer was a problem thought out the Village and at the current time there was no
available solution to the Village’s deer problem. However, no one wanted to see 6-foot
fences enclosing all of the Village residents’ yards.
The public hearing was closed at 8:09 PM.
The Board discussed.
On a motion by Robinson, seconded by McCelland the following was passed.
RESOLVED, that the variance request to construct a 6-foot fence at 210 Hampton
Road, tax parcel # 6-11-1, is hereby denied.
The board meeting was closed at 8:19 PM
Respectfully submitted,
Mary Jane Neff, Secretary