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HomeMy WebLinkAbout2021-03-17-BZA-finalTOWN OF ULYSSES BOARD OF ZONING APPEALS APPROVED MINUTES Wednesday, March 17, 2021 This meeting was held via video conferencing due to COVID-19 virus. Approved: November 17, 2021 Present: Board Chair Steve Morreale, and members Tom Butler, Andy Hillman, Robert Howarth, David Tyler, and Cheryl Thompson; Town Planner John Zepko, and Town Board Liaison Mary Bouchard. Public in Attendance: Linda Liddle, Marc Maser, Kimberlie Gale, and Patricia Chaffee. Call to Order: 7 p.m. Ms. Liddle, a Planning Board member, reported to the BZA regarding a proposal from the Planning Board to modify allowable criteria of flag lots. There’s been some concern that flag lots are being used to skirt the Town’s road-frontage requirements, she said. John Wertis of the Planning Board has suggested the width of the flag pole be no more than 25 percent of the property frontage, whereas the current flag pole width requirement is at least 50 feet. Ms. Liddle asked for the BZA’s feedback on the suggestion, which would inform the Planning Board’s decision on whether or not to formalize the plan and propose it to the Town Board. Mr. Butler was named a voting member of the BZA for the evening meeting, filling in for Cheryl Thompson. Review of Meeting Minutes – February 17, 2021 Mr. Tyler MADE the MOTION to approve the amended minutes, and Mr. Hillman SECONDED the MOTION. The motion was carried 4-0, with Mr. Butler abstaining from the vote. Public Hearing – Appeal by Patricia Chaffie, for an area variance from the following: §212-29 G. (side yard setback requirement of the AR Zone). The applicant is seeking to construct an addition 17 feet from the side yard line, where 30 feet is required. The existing property is approximately 1.43 acres in size and is located at 4241 Dubois Road, Tax Map # 27.-2-2.13 Having reviewed the property title, Mr. Tyler requested a letter be filed from Robin Woddard, the property owner, expressing her consent to Patricia Chaffee’s request for the variance. In his view, the occupants of the Dubois Road home are only allowed to do ordinary property maintenance, not a home addition. Ms. Gale – Ms. Woddard’s sister – agreed, saying she’d submit the letter by the next day. Mr. Maser represents the applicant on the variance request. At the BZA’s last meeting in February, Mr. Maser had mistakenly included the driveway as part of the total lot coverage Town of Ulysses Board of Zoning Appeals 2 calculation. This evening, he presented the correct figures: currently, lot coverage at the 4241 Dubois Road property is 4 percent; with the proposed addition, it would be 4.68 percent, which falls below the Town’s maximum 5-percent lot coverage. Mr. Maser also presented the floorplan layout, and reiterated his stance that neither shifting the addition to the front or backside of the house were favorable. A notice of the public hearing was sent to neighbors. The Town received a written comment dated March 15 from Ms. Liddle. Ms. Thompson entered the meeting around 7:25 p.m. It was agreed Mr. Butler would remain a voting member, though Ms. Thompson could participate in discussions. Ms. Liddle read her letter into the record. She noted the request represents a significant encroachment on the sideyard setback. No further public comments were expressed. Mr. Morreale closed the public hearing. Mr. Maser said the addition would provide Ms. Gale’s sister – who has a disability – her own bedroom and bathroom. Ms. Thompson again pitched positioning the addition on the back of the house, which Mr. Maser found unfavorable. BZA members felt the back of the house would be a fine alternative for the addition, only requiring the relocation of an existing HVAC system. Ms. Gale said moving the HVAC system is not something they want to do. Mr. Howarth MADE the MOTION to formally vote on the resolution, and Mr. Hillman SECONDED the MOTION as follows: Whereas, the appeal is by Patricia Chaffie for an area variance from §212-29 G. (side yard setback requirement of the AR Zone) and 212-29 J (maximum lot coverage in the AR Zone). The applicant is seeking to construct an addition 17 feet from the south east side yard line, where 30 feet is required. The existing property is approximately 1.43 acres in size and is located at 4241 Dubois Road, Tax Map # 27.-2-2.13; and Whereas, the relief requested is to permit the construction of an addition with a side yard setback on the east side of 17 feet, where 30 feet is required; and Whereas, the action is a Type II action under SEQR 617.5(c) (16) “granting of individual setback and lot line variance…” and requires no further review; and Whereas, the action does not require 239 review, per the agreement made with Tompkins County 24 November 2003. Whereas, by considering the five statutory factors, the BZA reviewed the record and weighed the benefits to the Applicant against the detriment to the health, safety and welfare of the Town of Ulysses Board of Zoning Appeals 3 neighborhood if the variances are granted. The benefit sought by the applicant is to permit the construction of a addition with a side yard setback on the east side of 17 feet; and 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variances. Yes, granting the variance would create an undesirable change in the character of the neighborhood. 2. Whether the benefit sought by the applicant can be achieved by some other method, feasible for the applicant to pursue, other than area variances. Yes, based on our consideration, the BZA believes there are other alternatives for the applicant to meet their desired goals. 3. Whether the requested area variances are substantial. Yes, the variance is substantial. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No, the BZA does not believe it will have an adverse effect or impact on the physical or environmental conditions. 5. Whether the alleged difficulty was self-created. Yes, the difficulty is self-created. NOW THEREFORE BE IT RESOLVED AS FOLLOWS, Considering all of the statutory factors set forth above, the Board of Zoning Appeals concludes that; Decreasing the side yard setback from the eastern lot line from 30 feet to 17 feet may have a negative impact on the character but not on the environmental conditions of the neighborhood. The variance is substantial, and the difficulty is self-created. The benefits to the applicant do not outweigh the potential detriment to the health, safety and welfare of the neighborhood. For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby does not grant the area variance requested by the applicant to decrease the side yard setback at the eastern lot line from 30 feet to 17 feet. Motion: Howarth Town of Ulysses Board of Zoning Appeals 4 Second: Hillman Aye Nay Abstain Morreale 1 Howarth 1 Tyler 1 Hillman 1 Thompson (alt) Butler 1 Mr. Butler MADE the MOTION to adjourn the meeting, and Mr. Tyler SECONDED the MOTION. The motion was unanimously carried, 5-0. Meeting adjourned at 8:15 p.m. Respectfully submitted by Louis A. DiPietro II on November 9, 2021.