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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