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HomeMy WebLinkAboutBZA Resolution 2023-004, 27.-3-12.2 TOWN OF ULYSSES BOARD OF ZONING APPEALS Board of Zoning Appeals Resolution No. 2023-004 A Resolution of an Area Variance Approval for the Benjamin Area Variance Located at 4190 Dubois Road, Town of Ulysses, Tax Parcel 27.-3-12.2 Whereas, an area variance was submitted to the Board of Zoning Appeals (BZA) by Karen Benjamin, applicant and owner for property located at 4190 Dubois Road (tax map # 27.-3- 12.2), and which is approximately 15.07 acres in size, zoned A/R: Agricultural/Rural; and Whereas, the area variance request is related to a minor subdivision application to subdivide the subject lot into two parcels: ‘Parcel A1’ approximately 2.14 acres in area and ‘Parcel A2’ approximately 12.93 acres in area as shown on the survey map dated May 8th, 2023, and sketch attached; and Whereas, the area variance request is relief from the Code of the Town of Ulysses 212-130.A, 212-29.D, and the definition of ‘flag lot’ under 212-22, to reduce the minimum required lot width at the front lot line for ‘Parcel A1’ from 400 feet to 200 feet; and Whereas, the Planning Board considered the proposal during sketch plat review on June 6, 2023 and provided comment to the BZA that the Planning Board unanimously c oncluded that the proposed project does not pose a detrimental environmental impact to the site or to the character of the surrounding community; and Whereas, this is an Unlisted Action for which the Town of Ulysses Board of Zoning Appeals has on June 21, 2023, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form, subject to the deed restriction against further subdivision ; and Whereas, the action does not require 239 review, per the Inter-Governmental Agreement made with Tompkins County 24 November 2003; and Whereas, notice of the public hearing was published in the Ithaca Journal on June 16, 2023, was posted on the Town’s Public Legal Notice Board, was posted on the Town’s webpage, and was mailed to property owners within a 500-foot radius of the subject property; 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 o f the neighborhood if the Board of Zoning Appeals Resolution No. 2023-004 Page 2 of 3 variance was 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 variance. 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 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. 5. Whether the alleged difficulty was self-created. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS, Considering all of the statutory factors set forth above, the Board of Zoning Appeals finds the following: 1. The benefit to the applicant in the granting of the area variance to decrease the minimum required lot width at the front lot line for ‘Parcel A1’ from 400 feet to 200 feet will outweigh the detriment to the health, safety and welfare of the neighborhood. 2. The granting of the area variance to decrease the minimum required lot width at the front lot line will not create an undesirable change in the character of the neighborhood and will not be a detriment to nearby properties due to the deed restriction on further subdivision. 3. The benefit sought by the applicant to decrease the minimum required lot width at the front lot line can be achieved by some method, feasible for the applicant to pursue other than an area variance, however with the required deed restriction below, this is the most desirable outcome for the owners which preserves the environmental character of the site. 4. The requested area variance to decrease the minimum required lot width at the front lot line is substantial. 5. The proposed area variance to decrease the minimum required lot width at the front lot line will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district with the deed restriction in place. 6. The alleged difficulty to decrease the minimum required lot width at the front lot line is self- created. Board of Zoning Appeals Resolution No. 2023-004 Page 3 of 3 For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby does grant the area variance to decrease the minimum required lot width at the front lot line for ‘Parcel A1’ from 400 feet to 200 feet for the proposed minor subdivision located at 4190 Dubois Road, subject to the following conditions: Conditions of Approval 1.A deed restriction preventing further subdivision of 4190 Dubois Rd, parcel A2, as in survey date May 8th 2023, sketch attached. A copy of the deed restriction shall be presented to the Planning Board, and a certified copy of the recorded instrument shall be filed with the Town. ___________________________________ ___________________________ Board of Zoning Appeals Chair Date Ayes: Tyler, Howarth, Hillman, Thompson, Chair Morreale Nays: Absent: Butler Abstain: 18 July 2023