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HomeMy WebLinkAboutBZA Resolution 2026-004, 28.-1-13.2 TOWN OF ULYSSES I BOARD OF ZONING APPEALS Board of Zoning Appeals Resolution No. 2026-004 A Resolution for One Area Variance for the Houghton Lot Line Adjustment Located at 1349 Taughannock Boulevard, Town of Ulysses,Tax Parcel 28.4-13.2 Whereas, a request for one area variance was submitted to the Board of Zoning Appeals (BZA) by applicant and property owner, Peter Houghton, for property located at 1349 Taughannock Boulevard (tax parcel 28.-1-13.2); and Whereas, the subject lot is zoned LS: Lake Shore Zone; and Whereas, the requested area variance is related to a lot line alteration application to adjust the property line between 1349 and 1355 Taughannock Boulevard; and Whereas, subject property is currently approximately .816 acres in area where two acres is required per the Code of the Town of Ulysses (CTU) 212-47.8, and the proposal would further reduce the lot area to .689 acres; and Whereas, the area variance request is relief from CTU 212-140.3.C.1 that prohibits line alterations to further increase the degree of nonconformity of nonconforming parcels; and Whereas, the requested variance is 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 variances and adjustments" and requires no further review; and Whereas, the action required 239 review, and Tompkins County's Department of Planning & Sustainability determined in their comment letter dated February 27, 2026, the proposed action will have no significant county-wide or inter-community impact; 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, was posted on the subject site; and was mailed to property owners within a 500-foot radius of the subject property; and Whereas, the BZA did conduct a public hearing on April 15, 2026 where it reviewed a survey map entitled "Lot Line Alteration Map for No. 1355 Taughannock Boulevard & No. 1349 Taughannock Boulevard, Town of Ulysses, Tompkins County, New York", prepared by T.G. Miller, P.C. dated February 02, 2026 revised February 26, 2026 and other application materials; and Board of Zoning Appeals Resolution No. 2026-004 Page 1 of 3 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 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 an 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 lot area of the subject property from 0.816 acres to 0.689 acres will outweigh the detriment to the health, safety and welfare of the neighborhood. 2. The granting of the area variance will not create an undesirable change in the character of the neighborhood and will not be a detriment to nearby properties. In fact, it will be a benefit to the adjoining property to the north by reducing its current non-conformance.The lake frontage of these two combined parcels remains the same. 3. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue other than an area variance. 4. The requested area variance is substantial. However, it reduces the non-conformance to the adjacent property and does not dimmish the conformance of the subject project. 5. The proposed area variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 6. The alleged difficulty 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 reduce the lot area of the subject property from 0.816 acres to 0.689 acres as described above, and as shown on the survey map noted above, as part of the proposed lot line alteration application located at 1349 Taughannock Boulevard. Board of Zoning Appeals Resolution No. 2026-004 Page 2 of 3 2t�- Board of Zoning Appeals Chair Date Ayes: Morreale, Thompson, Hillman, Meador Nays: None Absent: Ferrari Abstain: None Board of Zoning Appeals Resolution No. 2026-004 Page 3 of 3