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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