HomeMy WebLinkAboutBZA Resolution 2026-005, 21.-1-12.5TOWN OF ULYSSES
BOARD OF ZONING APPEALS
Board of Zoning Appeals Resolution No. 2026-005
A Resolution for One Area Variance for the Husted Single Detached Dwelling Unit Addition
Located at 6018 Podunk Road, Town of Ulysses, Tax Parcel 21.4-12.5
Whereas, a request for one area variances was submitted to the Board of Zoning Appeals (BZA)
by the Town of Ulysses on behalf of the property owner, Olga (Terri) Husted, for property
located at 6018 Podunk Road, Town of Ulysses, Tax Parcel 21.-1-12.5; and
Whereas, the subject lot is zoned A/R Agricultural/Rural; and
Whereas, the requested area variance is related to a building permit application to construct an
addition, as shown on page 4 of the variance application, to an existing single detached
dwe►ling unit 15 feet from the west side lot line; and
Whereas, the area variance request is relief from the Code of the Town of Ulysses 212-29.G to
reduce the minimum required side yard setback from 30 feet to 15 feet; 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 June 3, 2026, the proposal will not
have a 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 June 17, 2026 where it reviewed a site plan
prepared by the applicant 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
variance was granted; and
Board of Zoning Appeals Resolution No. 2026-005
Page 1 of 3
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 minimum
required side yard setback from 30 feet to 15 feet for the proposed addition 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. It will not be readily
apparent from the road and there are no neighbors who objective to the proposed plan and
one adjacent neighbor who is supportive of the plan.
3. The benefit sought by the applicant cannot be achieved by some method, feasible for the
applicant to pursue other than an area variance. Due to wetlands and a septic field adjacent
to the house.
4. The requested area variance is substantial; however, the proposed addition does not extend
further into the setback than the existing legally non -conforming structure.
The proposed area variance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The proposed addition location
keeps the new construction away from the existing wetland.
6. The alleged difficulty is self-created; however, it allows the existing homeowner to age in
place.
For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby does
grant the area variance to reduce the side yard setback from 30 feet to 15 feet for the proposed
addition to the existing single detached dwelling unit located at 6018 Podunk Road as described
above, and as shown on the site plan noted above.
Board of Zoning Appeals Resolution No. 2026-005 Page 2 of 3
Boa of Zoning Appeals Vice Chair
Ayes: Thompson, Hillman, Meador, Ferrari
Nays: None
Absent: Morreale
Abstain: None
//7A �
Date
Board of Zoning Appeals Resolution No. 2026-005 Page 3 of 3