HomeMy WebLinkAboutBZA Resolution 2025-001, 31.-2-16 TOWN OF U LYSSES
BOARD OF ZONING APPEALS
Board of Zoning Appeals Resolution No. 2025-001
A Resolution for two Area Variances for the Crossmore Tram Located at 1125 Taughannock
Boulevard,Town of Ulysses, Tax Parcel 31.-2-16
Whereas, a request for two area variances was submitted to the Board of Zoning Appeals (BZA)
by Shawn Ritchie, FLX Tram, applicant and representative of Deena Crossmore, owner, for
property located at 1125 Taughannock Boulevard (tax map # 31.-2-16); and
Whereas, the subject lot is zoned LS: Lakeshore zone and is in the HzE (Hudson and Dunkirk
soils, 20%to 45% slopes) steep slope overlay and the Glenwood Ravine and Lake Slopes Unique
Natural Area; and
Whereas, the request includes two separate area variances which are related to a site plan
application with the Planning Board to construct a new 50-foot tram system within required
setbacks; and
Whereas, the first area variance request is relief from 212-47.E and 212.167.A to construct the
tram within the 40 foot minimum required front yard setback; and
Whereas, the second area variance request is relief from 212-124.13 to permit the tram within
the 75 foot minimum required setback from the lake; and
Whereas, all requested variances are a Type II action under the Code, Rules, and Regulations of
the State of New York Title 6, Part 617 (SEAR), Section 5.c.16 "granting of individual setback
and lot line variance..." and requires no further review; and
Whereas, the action required 239 review, and Tompkins County determined in their comment
letter dated February 14, 2025, that the proposal will not have a significant county-wide or
inter-community impact, and provided a comment for the Board to consider; and
Whereas, the BZA did conduct a meeting on February 19, 2025 and discussed the proposed
variance requests; and
Whereas, notice of the public hearing was published in the Ithaca Journal, 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
Board of Zoning Appeals Resolution No. 2025-001 Page 1 of 4
Whereas, the BZA did conduct a public hearing on February 19, 2025 where it reviewed a site
plan entitled "Crossmore—Site Plan", prepared by FLX Tram dated January 9, 2025 and other
application materials; 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 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 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 variances 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 front yard
setback will outweigh the detriment to the health, safety and welfare of the neighborhood.
2. The granting of the area variance to decrease the front yard setback will not create an
undesirable change in the character of the neighborhood and will not be a detriment to
nearby properties. The structure is minimally disruptive and consistent with others in the
neighborhood.
3. The benefit sought by the applicant to decrease the front yard setback cannot be achieved
by some method, feasible for the applicant to pursue other than an area variance. The
applicant has considered other alternatives but there were no options that did not require
an area variance.
4. The requested area variance to decrease the front yard setback is substantial.
5. The proposed area variance to decrease the front yard setback will not have an adverse
effect or impact on the physical or environmental conditions in the neighborhood or district
because as discussed, the sole maple tree in proximity will be preserved subject to the
conditions of approval.
Board of Zoning Appeals Resolution No. 2025-001 Page 2 of 4
6. The alleged difficulty necessitating the request to decrease the front yard setback is self-
created.
7. The benefit to the applicant in the granting of the area variance to decrease the setback
from the lake will outweigh the detriment to the health, safety and welfare of the
neighborhood with the conditions in place.
8. The granting of the area variance to decrease the setback from the lake will not create an
undesirable change in the character of the neighborhood and will not be a detriment to
nearby properties.
9. The benefit sought by the applicant to decrease the setback from the lake cannot be
achieved by some method, feasible for the applicant to pursue other than an area variance.
The applicant has considered other alternatives but there were no options that did not
require an area variance.
10. The requested area variance to decrease the setback from the lake is substantial.
11. The proposed area variance to decrease the setback from the lake will not have an adverse
effect or impact on the physical or environmental conditions in the neighborhood or
district, subject to the conditions of approval.
12. The alleged difficulty necessitating the request to decrease the setback from the lake 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 front yard setback from the east lot line from 40 feet to
30 feet, and does grant the area variance to decrease the setback from the lake from 75 feet to
30 feet for the proposed new tram located at 1125 Taughannock Boulevard, subject to the
following conditions:
Conditions of Approval:
1. A revised site plan or survey shall be submitted to the Planning Board for their final site plan
review that delineates the proposed tram in relation to the UNA-91 boundaries (the
Glenwood Ravine and Lake Slopes Unique Natural Area), along with existing mature
vegetation (trees and shrubs) within the proposed location of the tram.
2. There shall be minimal disturbance of the land during construction to the maximum extent
feasible. No trees will be removed, including the 6 inch maple at the top of the slope that
has been of concern.
Board of Zoning Appeals Resolution No. 2025-001 Page 3 of 4
Board of Zoning Appea s Chair Date
Ayes: Hillman, Meador, Morreale, Thompson
Nays: None
Absent: None
Abstain: Tyler
Board of Zoning Appeals Resolution No. 2025-001 Page 4 of 4