HomeMy WebLinkAboutBZA Resolution 2023-002, 28.-1-5 TOWN OF U LYSSES
BOARD OF ZONING APPEALS
Board of Zoning Appeals Resolution No. 2023-002
Whereas, an appeal was submitted to the Board of Zoning Appeals (BZA) by Shawn Ritchie, FLX Tram,
applicant and representative of Karl Klankowski, owner, for property located at 1375 Taughannock
Boulevard (tax map#28.-1-5), and which is approximately.67 acres in size; and
Whereas,the subject lot is zoned LS: Lakeshore zone and the proposed new construction is located
within the Ro: Rock Outcrop steep slope overlay; and
Whereas,the appeal includes three separate area variance requests from the Town of Ulysses Zoning
Code in order to construct a new 80-foot tram system within required setbacks; and
Whereas,the first area variance request is relief from 212-47.E and 212.167.A to permit the tram within
the 40 foot minimum required front yard setback; and
Whereas,the second area variance request is relief from 212-47.1 along with 212-124.13 to permit the
tram within the 75 foot minimum required setback from the lake; and
Whereas,the third area variance request is relief from 212-47 along with 212-47.1 and 212-124.13 to
permit the tram within the 75 foot minimum required setback from the intermittent stream; 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 (SEQR), Section 5.c.16 "granting of individual setback and lot line
variance..." and requires no further review; and
Whereas,the action does not require 239 review, per the Inter-Governmental Agreement made with
Tompkins County 24 November 2003; and
Whereas, notice of the public hearing was published in the Ithaca Journal on February 8, 2023, March 2,
2023, and on April 10, 2023, 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, 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 effector 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.The height and
steepness of the slope requires approximately 55 steps, which is quite demanding on the owner.
The tram provides a large benefit to the applicant.
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.
Other trams exist in the neighborhood; this tram is a fair distance away from the neighbor's
property.The removal of the staircase will improve the appearance of the property. The agreed
upon setback will be 12 feet from the Mean High-Water Line, rather than what was listed in the
application, which was 8 feet.
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.There is no other
reasonable solution for the tram's location.
4. The requested area variance to decrease the front yard setback is substantial.The decrease of 40
feet to 12 feet is significant.
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.The existing
stairs are closer to the Mean High-Water Line than the proposed tram that will replace these stairs.
6. The alleged difficulty 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.The height
and steepness of the slope requires approximately 55 steps,which is quite demanding on the
owner.The tram provides a large benefit to the applicant.
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. Other trams exist in the neighborhood; this tram is a fair distance away from the
neighbor's property.The removal of the staircase will improve the appearance of the property.The
agreed upon setback will be 12 feet from the Mean High-Water Line, rather than what was listed in
the application, which was 8 feet.
Board of Zoning Appeals Resolution No. 2023-002
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.There is no other
reasonable solution for the tram's location.
10. The requested area variance to decrease the setback from the lake is substantial.The decrease of 75
feet to 12 feet is significant.
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.The existing
stairs are closer to the Mean High-Water Line than the proposed tram that will replace these stairs.
The tram platform is minimal, approximately 4x4 feet, and the installation methods have been
described as having minimal impact on the environment.
12. The alleged difficulty to decrease the setback from the lake is self-created, in that the applicant is
choosing to install the tram.
13. The benefit to the applicant in the granting of the area variance to decrease the setback from the
intermittent stream will outweigh the detriment to the health, safety and welfare of the
neighborhood.The tram installation is approximately 10 feet further away from the stream than the
existing stairs which will be removed, and the trees will be retained.
14. The granting of the area variance to decrease the setback from the intermittent stream will not
create an undesirable change in the character of the neighborhood and will not be a detriment to
nearby properties.The tram will be farther from the neighboring property than the existing stairs
which will be removed.
15. The benefit sought by the applicant to decrease the setback from the intermittent stream cannot be
achieved by some method,feasible for the applicant to pursue other than an area variance.The
applicant has described difficulties in placing the tram further to the south.
16. The requested area variance to decrease the setback from the intermittent stream is substantial.
The tram will be 33 feet from the stream line as opposed to the required 75 feet setback. Although
the setback is substantial,the drainage will not be toward the stream,which minimizes the
importance of the setback.The tram will be further from the stream than the current stairs, which
will be removed.
17. The proposed area variance to decrease setback from the intermittent stream will not have an
adverse effect or impact on the physical or environmental conditions in the neighborhood or
district.The construction is farther away from the stream than the existing stairs, which will be
removed.
18. The alleged difficulty to decrease the setback from the intermittent stream is self-created.
Board of Zoning Appeals Resolution No. 2023-002 Page 3 of 4
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 Cayuga Lake from 40 feet to
12 feet, does grant the area variance to decrease the setback from the lake from 75 feet to 12 feet, and
does grant the area variance to decrease the setback from the intermittent stream from 75 feet to 33
feet for the proposed tram located at 1375 Taughannock Boulevard, subject to the following conditions:
Conditions of Approval
1. The existing wood stairs will be removed within 6 months of installation of the tram,without
damage to the trees to the north of the stairs.
2. The setbacks from the lake line and from the front yard line has been agreed upon as 12 feet, rather
than the 8 feet that was proposed in the application.The applicant has agreed to this.
12 May 2023
Board of Zoning Appeals Chair Date
Ayes: Morreale,Tyler, Howarth,Hillman,Thompson
Nays: none
Absent: none
Abstain: none
Board of Zoning Appeals Resolution No. 2023-002 Page 4 of 4