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HomeMy WebLinkAboutBZA Resolution 2024-002, 12.-3-12.2 TOWN OF U LYSSES BOARD OF ZONING APPEALS Board of Zoning Appeals Resolution No. 2024-002 A Resolution for Four Area Variances for the Bennett Two Lot Subdivision Located at 4450 Ploss Lane, Town of Ulysses, Tax Parcel 12.-3-12.2 Whereas, a request for four area variances was submitted to the Board of Zoning Appeals (BZA) by Charles Guttman, on behalf of the property owners, Marcie Bennett-Gray and Thomas Bennett Jr., for property located at 4450 Ploss Lane, Tax Parcel 12.-3-12.2; and Whereas, the area variance requests are related to a minor subdivision application with the Planning Board to subdivide the subject lot into two parcels: 'Parcel A' approximately 5,508 square feet (sf) and 'Parcel B' approximately 66,146sf in area as shown on the plat attached; and Whereas, the first area variance request is relief from the Code of the Town of Ulysses (CTU) 212-40.13, to reduce the minimum required lot area for 'Parcel A' from 32,000sf to 5,508sf; and Whereas, the second area variance request is relief from CTU 212-40.D, to reduce the minimum required lot width at the front lot line for 'Parcel A' from 160 feet to 146.75 feet; and Whereas, the third area variance request is relief from CTU 212-40.E, to reduce the minimum required lot depth for 'Parcel A' from 200 feet to 75.09 feet; and Whereas, the fourth area variance request is relief from CTU 212-40.J, to exceed the maximum lot coverage for 'Parcel A' from 7.5 percent to 12.6 percent; and Whereas, the Planning Board did declare its intent to act as Lead Agency for the environmental review for the proposal on December 5, 2023; and Whereas, the BZA did agree to declare the Planning Board as Lead Agency on December 20, 2023; and Whereas, the Planning Board did issue a negative determination of environmental significance under the New York Codes, Rules, and Regulations Title 6, Part 617 on May 21, 2024 and therefore an Environmental Impact Statement is not required; 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 Board of Zoning Appeals Resolution No. 2024-002 Page 1 of 5 Whereas, The Department of Planning & Sustainability of Tompkins County submitted their response letter to the Town dated December 21, 2023 that states they determined the proposed action will have no significant county-wide or inter-community impact; and Whereas, the BZA did conduct public meetings on December 20, 2023 and October 23, 2024 an discussed the proposed variance requests; and Whereas, notice of the public hearing was published in the Ithaca Journal on October 11, 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 October 23, 2024 were it reviewed a plat entitled "Final Plat for 4450 Ploss Lane— Parcel 12.-3-12.2, Town of Ulysses, Tompkins County, New York", prepared by T.G. Miller, P.C., dated September 21, 2023 and revised September 11, 2024, 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 variances were 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 reduce the minimum required lot area for 'Parcel A' from 32,000sf to 5,508sf 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 reduce the minimum required lot area for 'Parcel A' 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. Board of Zoning Appeals Resolution No. 2024-002 Page 2 of 5 3. The benefit sought by the applicant to reduce the minimum required lot area for 'Parcel A' 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 character of the site. 4. The requested area variance to reduce the minimum required lot area for 'Parcel A' is substantial. 5. The proposed area variance to reduce the minimum required lot area for 'Parcel A' 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 reduce the minimum required lot area for 'Parcel A' is self-created. 7. The benefit to the applicant in the granting of the area variance to reduce the minimum required lot width at the front lot line for 'Parcel A' from 160 feet to 146.75 feet will outweigh the detriment to the health, safety and welfare of the neighborhood with the deed restriction in place. 8. The granting of the area variance to reduce the minimum required lot width at the front lot line for 'Parcel A' 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. 9. The benefit sought by the applicant to reduce the minimum required lot width at the front lot line for 'Parcel A' 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 character of the site. 10. The requested area variance to reduce the minimum required lot width at the front lot line for 'Parcel A' is not substantial. 11. The proposed area variance to reduce the minimum required lot width at the front lot line for 'Parcel A' 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. 12. The alleged difficulty to reduce the minimum required lot width at the front lot line for 'Parcel A' is self-created. 13. The benefit to the applicant in the granting of the area variance to reduce the minimum required lot depth for 'Parcel A' from 200 feet to 75.09 feet will outweigh the detriment to the health, safety and welfare of the neighborhood with the deed restriction in place. Board of Zoning Appeals Resolution No. 2024-002 Page 3 of 5 14. The granting of the area variance to reduce the minimum required lot depth for 'Parcel A' 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. 15. The benefit sought by the applicant to reduce the minimum required lot depth for 'Parcel A' 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 character of the site. 16. The requested area variance to reduce the minimum required lot depth for 'Parcel A' is substantial. 17. The proposed area variance to reduce the minimum required lot depth for 'Parcel A' 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. 18. The alleged difficulty to reduce the minimum required lot depth for 'Parcel A' is self- created. 19. The benefit to the applicant in the granting of the area variance to exceed the maximum lot coverage for 'Parcel A' from 7.5 percent to 12.6 percent will outweigh the detriment to the health, safety and welfare of the neighborhood with the deed restriction in place. 20. The granting of the area variance to exceed the maximum lot coverage for 'Parcel A' will 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. 21. The benefit sought by the applicant to exceed the maximum lot coverage for 'Parcel A' 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 character of the site. 22. The requested area variance to exceed the maximum lot coverage for 'Parcel A' is substantial. 23. The proposed area variance to exceed the maximum lot coverage for 'Parcel A' 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. 24. The alleged difficulty to exceed the maximum lot coverage for 'Parcel A' is self-created. Board of Zoning Appeals Resolution No. 2024-002 Page 4 of 5 For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby does grant the area variance to reduce the minimum required lot area for 'Parcel A'from 32,000sf to 5,508sf, does grant the area variance to reduce the minimum required lot width at the front lot line for 'Parcel A' from 160 feet to 146.75 feet, does grant the area variance to reduce the minimum required lot depth for 'Parcel A' from 200 feet to 75.09 feet, and does grant the area variance to exceed the maximum lot coverage for 'Parcel A' from 7.5 percent to 12.6 percent for the proposed minor subdivision located at 4450 Floss Lane, subject to the following conditions: Conditions of Approval: 1. A deed restriction prohibiting any additional structures shall be recorded against Parcel A and a certified copy of the recorded instrument shall be filed with the Town with submission of the final plat map for approval signatures. 2. Any future request to remove the deed restriction shall require approval by the BZA. 3. The existing garage shall not be used as habitable space. /0 1/ 2- /Z021 Board of Zoning Appeals Chair Date Ayes: Hillman, Meador, Morreale, Thompson Nays: None Absent: Howarth Abstain: Tyler Board of Zoning Appeals Resolution No. 2024-002 Page 5 of 5 TITLE INFORMATION TITLE INFORMATION LEGEND PARCEL „A„ PARCEL "Bss LINE BEARING DISTANCE Q-COMPUTED POINT MARCIE BENNETT GRAY MARCIE BENNET * GRAY L1 S 69'04 39 w 124.10 -PIN SET WITH CAP L2 S 07-13 15 W 75.09 )1(-IRON PIN FOUND & THOMAS D. BENNET ' JR. & THOMAS D. BENNETT' JR. L3 N 84.0s o8 W 146.75 fig(-IRON PIPE FOUND part of INSTR. #479779-001 part of INSTR. J479779-001 IL4 N 69'04 39 E 166.38 O-UTILITY POLE P/0 TAX MAP No. 12-3-12.2 P/0 TAX MAP No. 12-3-12.2 * -PROPOSED NEW DIVISION LINE N =(5508 sq.ft) 0.13 ACRES TO ROAD'S =(66146 sq. ft.)1.52 ACRES TO q ROAD Gar. % of LOT COVERAGE = 12.69. shed 9 of LOT COVERAGE = 0.59 G R/W R/W PNS�v c� 0' 60' 120' 180' FERRETTI (R.O.) 0.07 acre �M �S�FERRETTI (/ 5671663 PIN FND. triangle in Wage '(R/ (R.O.) TAX MAP No. 9-2-6.1 0.4' NLY see note 1 f OF �� 5671663 J OF LINE 6 .00' 31 12' (� Cj O TAX MAP No. 13-13 \ SCALE: 1" = 60' - N 83'31'22" W 795.01' total (P to P) (P to P) PIN ON LINE �O� 3320 Sq. Ft. in - South St. row area 2 178.92' st. tie 109.44 22" / 25.6'f (p to P) 1.4' � vynil N 83'31' K 62' - - _ fence Z ence APPROX. LOCH ION O LINES P REF. MAP 3 ry �' -974.0 �/ � /*�-� CORPORATION LINE N HOUSE DATA SHOWN IN o II � PER REF.-MAP-1 (/ \ No. 73 VILLAGE FOR INFORMATIONAL conc. / » �j, W Os valt PURPOSES ONLY, SUBJECT TO lid f� SHED P C B o W o I^ nve VILLAGE OF TRUMANSBURG LAWS. o o. V �- p I 101.47' walk 1.8'f TAX M No. 12-3-12.2 N Cz 96 c5 (P t V w v'10 U p 2 VILLAGE � 1 i9 `O QD � o * 0.13 acre o_ 6' 6' �- m n o z Q u TAX MAP No. 9-2-7 asphalt �, Q N W co_ 3 drive / GAR. triangle in town p p k nv see note 2. 2s.o'f \ 3N� R w c� SFr w o ss ss H. Q N i = - _ PA CEL A 27.6'f O.H. O.H. R/W i? w x L3 $ 06 08 E 9 ' t0 �' w I_ w 1�, DEEDED CENT275. ROAD - - - N I�`�1 0 �!E = 124.25 N c �-- 255.55 - w-1_ a (� - LOSS LAN 12 126.00' w _ ravel n 2 j-R/W / .ti �7 aspholt =A0' PRIVATE GRAVEL ROAD 1 R/W ~. O �u drive 50' R.O.W. SHARED IN COMMON x walk see 6171900CAPALONGO (R.O.) 2 0� MITCHELL LEE SWANHART (R.O.) p r� QQR ��0� THE FAMILY BYPASS TRUST (R.O.) & MARY LOUISE GALLAGHER R.O.) 2021-01561 f/ P 0RP ( 556657-001 r 2 GORL�N� TAX MAP No. 12-3-1 TAX MAP No. 12-3-3.2 TAX MAP No. 12-3-3.1 Q 761 264 CYNTHIA & JAMES DEW (R.O.) / W I No. 4441 BK. 617 PAGE 904 I W II a HOUS TAX MAP No. 12-3-2 o / No. 401 a No. 4421 HOUSE SHED / GAR. No. 4407 NOTE: THIS SURVEY MAP PREPARED WITHOUT LLI BENEFIT OF AN ABSTRACT OF TITLE PROVIDED, SUBJECT TO ANY STATE OF FACT THAT AN UPDATED ABSTRACT OF 2020-06551 2020-06553 TITLE MAY SHOW. - - - TAMARA CK NOTES - - - - REFERENCE MAPS 1.) THIS MAPPING PROVIDED FOR SUBDIVISION APPROVAL FOR 5.) PORTION OF PARCEL IN TOWN OF ULYSSES ZONED RESIDENTIAL LANE LAND IN THE TOWN OF ULYSSES ONLY. DATA SHOWN IN 6.) SUBJECT PARCEL NOT LOCATED WITHIN A SPECIAL FLOOD 1.) REFERENCE IS MADE TO A MAP TITLED 'SURVEY MAP VILLAGE FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO HAZARD AREA. SEE FEMA FLOOD INSURANCE RATE MAP No. PRESENT CENTERLINE = LANDS OF W. MERLE PLOSS..." VILLAGE OF TRUMANSBURG LAWS FOR ANY LANDS IN VILLAGE. 361470 EFFECTIVE JANUARY 10, 1975 AND FEMA FLOOD Q' 60' 120' 1$0' O DATED 8/29/1947 LAST REVISED 1112911951 BY E.D. CRUMB, L.S. 2•) THIS 0.13 ACRE TRIANGLE IN TOWN OF ULYSSES IS INTENDED INSURANCE RATE MAP 360854 0005 B EFFECTIVE 211911987 Q TO BE A PART OF TAX NO. 9-2-7 AND NOT APPROVED AS A 7.) LIDAR CONTOUR INFORMATION IS BASED ON MAPPING �r�� I 2.) REFERENCE IS MADE TO A MAP TITLED "SURVEY MAP SEPERATE BUILDING LOT IN ANY MANNER. PROVIDED BY THE TOMPKINS COUNTY GIS DIVISION. THE END R/W No. 4441 PLOSS LANE..." 3.) THERE ARE NO NYSDEC, WRC, OR NATIONAL WETLANDS WITHIN USER OF THIS MAPPING AGREES TO ACCEPT THE DATA 'AS IS' DATED 412512020 BY T.G. MILLER P.C. THE SUBJECT PARCEL. WITH FULL KNOWLEDGE THAT ERRORS AND OMISSIONS MAY EXIST SCALE: 1" = 60' AND TO HOLD THE COUNTY AND T.G. MILLER. P.C. HARMLESS FOR W 3.) REFERENCE IS MADE TO A MAP TITLED "SURVEY MAP 4.) NO UNIQUE NATURAL AREAS PRESENT WITHIN BOUNDS OF ANY DAMAGES THAT RESULT FROM AN INAPPROPRIATE USE OF LANDS OF THOMAS & JOYCE BENNETT..." SUBJECT PARCELS SHOWN. SEE TOMPKINS COUNTY UNIQUE THIS MAP. W DATED 1111812000 BY ROBERT RUSSLER, L.S. NATURAL AREA INVENTORY. REVISED TITLE: FINAL PLAT I 1/30/2023 PER NOTE 1 & 2 , ='n IF PI E W� W APPROVAL: ( WITH VARIANCES) MINOR SUBDIVISION NO. T FOR 1/30/2024 - added notes 3-7 �� ORE Ss y0 WTHE TOWN OF ULYSSES HEREBY DETERMINES THAT THIS MINOR SUBDIVISION G 9/11/2024 - revised map title CO R �� w CONFORMS TO CONSOLIDATED LAWS OF NEW YORK 62.16.276-277 AND THE ::L: 44450 Ploss Lane - Parcel 12•-3-12.2 ZONING CODE OF THE TOWN OF ULYSSES AND IS HEREBY APPROVED. & notes co NOTE: THE TOWN OF ULYSSES DOES NOT IN ANY WAY WARRANT NOR GUARANTEE T. G. MILLER P C TOWN OF ULYSSES THE ACCURACY OF THIS RECORD OF SURVEY. EXAMINED AND APPROVED THIS DAY OF ENGINEERS AND SURVEYORS 605 WEST STATE STREET TOMPKINS COUNTY, NEW YORK OSCO� C�2 6� J� tS ITHACA. NEW YORK 14850 DATE: SCALE: LA tv D ----------------- TEL (607)272-6477 9/21/2023 1" = 60' "'�PLANNING BOARD CHAIR, TOWN OF ULYSSES 523735