HomeMy WebLinkAboutBZA Resolution 2023-001, 24.-4-9.115
TOWN OF ULYSSES
BOARD OF ZONING APPEALS
Board of Zoning Appeals Resolution No. 2023-001
Whereas, an area variance was submitted to the Board of Zoning Appeals (BZA) by Tyler
Murray, owner, requesting relief from Ulysses Town Code 212-29.G (side yard setback of the
A/R Zone) and 212.167.A (accessory building setback requirements) for property located at
4279 Reynolds Road (tax map # 24.-4-9.115) and which is approximately 3.69 acres in size; and
Whereas, the relief requested is to permit the construction of a new detached garage, 24 feet
by 26 feet with an attached 18 foot by 24 foot carport, 5 feet from the side property line where
24 feet is the minimum required; and
Whereas, the action is a Type II action under Code, Rules, and Regulations of the State of New
York Title 6, Part 617 (SEQR), Section 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; and
Whereas, notice of the public hearing was published in the Ithaca Journal on January 9, 2023,
posted on the Town’s Public Legal Notice Board, and posted on the Town’s webpage; and
Whereas, by considering the criteria listed in the Consolidated Laws of New York Chapter 62,
Article 16, Section 267-B.3.b, the BZA reviewed the record and weighed the benefits to the
Applicant against the detriment to the health, safety and welfare of the neighborhood if the
variances are granted; 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.
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.
3. Whether the requested area variances are substantial.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
5. Whether the alleged difficulty was self-created.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS,
VAR2212-001, Staff Report to the Board of Zoning Appeals, 01.13.2023 Page 2 of 2
Considering all of the statutory factors set forth above, the Board of Zoning Appeals concludes
that decreasing the side yard setback from 24 feet to 5 feet from the east side lot line will
outweigh the potential detriment to the health, safety and welfare of the neighborhood;
1. Will not create an undesirable change in the character of the neighborhood and will be a
detriment to nearby properties.
2. Can be achieved by some other method, feasible for the applicant to pursue.
3. Is substantial.
4. Will not have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district.
5. Is self-created.
For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby does
grant the area variances requested by the applicant to decrease the side yard setback from the
east side lot line from 24 feet to 5 feet for the proposed detached garage and carport located at
4279 Reynolds Road.
Conditions of approval:
Motion: Butler
Second: Tyler
Aye Nay Abstain
Morreale
Howarth
Tyler
Hillman
Thompson
(alt) Butler