HomeMy WebLinkAboutBZA Resolution 2024-001, 23.-2-10.3 TOWN OF ULYSSES
BOARD OF ZONING APPEALS
Board of Zoning Appeals Resolution No. 2024-001
A Resolution for an Area Variance for the Hamilton Two Lot Subdivision Located at 4179
Waterburg Road,Town of Ulysses, Tax Parcel 23.-2-10.3
Whereas, a request for an area variance was submitted to the Board of Zoning Appeals (BZA) by
Michael Hamilton, applicant and owner, for property located at 4179 Waterburg Road, Tax
Parcel 23.-2-10.3; and
Whereas, the area variance request is related to a minor subdivision application to subdivide
the subject lot into two parcels: 'Parcel A' approximately 16.28 acres in area and 'Parcel B'
approximately 2.39 acres in area as shown on the sketch plat attached; and
Whereas, the area variance request is relief from the Code of the Town of Ulysses 212-29.D, to
reduce the minimum required lot width at the front lot line for 'Parcel B' from 400 feet to 254
feet; and
Whereas, the requested variance is a Type II action under the New York Codes, Rules, and
Regulations Title 6, Part 617 (SEAR), Section 5.c.16 "granting of individual setback and lot line
variances and adjustments" and requires no further review; and
Whereas, pursuant to Consolidated Laws of New York (CLNY) Chapter 24, Article 12-13, Sections
239 L, M, and N the proposal was submitted to Tompkins County for review; and
Whereas, The Department of Planning & Sustainability of Tompkins County submitted their
response letter to the Town dated June 12, 2024 that states they determined the proposed
action will have a significant county-wide or inter-community impact, and recommended
modification for the Board to consider; and
Whereas, the BZA did conduct public meetings on May 15, 2024 and July 17, 2024 and
discussed the proposed variance request; and
Whereas, notice of the public hearing was published in the Ithaca Journal on July 25, 2024, was
posted on the Town's Public Legal Notice Board, was posted on the Town's webpage, and
mailed to property owners within a 500-foot radius of the subject property; and
Whereas, the BZA did conduct a public hearing on August 7, 2024 were it reviewed a sketch
plat entitled "Sketch Plat 4179 Waterburg Road Parcel 23.-2-10.3", prepared by the applicant
Board of Zoning Appeals Resolution �' - '
and other application materials; and
Whereas, by considering the criteria listed in CLNY 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 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 the area variance.
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 B' from 400 feet to 254 feet will outweigh
the detriment to the health, safety and welfare of the neighborhood, with the deed
restriction in place.
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 a deed restriction on further development
that will be required as a condition of approval.
3. The benefit sought by the applicant to decrease the minimum required lot width at the
front lot line can be achieved by some other method, feasible for the applicant to pursue
other than an area variance; however, with the deed restriction this is the most desirable
outcome for the owners which will preserve the agricultural lands and environmental
character of the site.
4. The requested area variance to decrease the minimum required lot width at the front lot is
not 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.
Board of Zoning Appeals Resolution No. 2024-001 Page 2 of 3
6. The alleged difficulty to decrease the minimum required lot width at the front lot line is self-
created.
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 B' from 400 feet to 254 feet for the proposed minor subdivision located at 4179
Waterburg Road, subject to the following conditions:
Conditions of Approval:
1. A deed restriction to prevent no more than one dwelling unit per parcel shall be presented
to the Planning Board as part of final plat review, and certified copies of the recorded
instrument shall be filed with the Town and County prior to final plat review.
2. Any future request to remove the deed restriction shall require approval by the BZA.
3. The Final Plat Map submitted to the Planning Board for final plat review shall delineate the
building envelope for `Parcel A' (which contains a stream and a wetland), and the building
envelope shall exclude the wetland and lands within a 50-foot buffer of the intermittent
stream.
Board of Zoning Appeals Chair ®ate
Ayes: Hillman, Howarth, Thompson, Meador, Morreale
Nays: None
Absent: Tyler
Abstain: None
Board of Zoning Appeals Resolution No. 2024-001 Page 3 of 3