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HomeMy WebLinkAboutBZA Resolution 2022-09-21, 15.-1-6Page 1 of 2 TOWN OF ULYSSES BOARD OF ZONING APPEALS RESOLUTION 1687 Taughannock Blvd For consideration 21 September 2022 Whereas, the appeal is by Thomas Evans for an area variance from §212-47 E. (front yard setback requirement of the LS Zone) and§212-47 F (side yard setback of the LS Zone). The existing property is approximately 1.219 acres in size and is located at 1687 Taughannock Blvd, Tax Parcel # 15.-1-6; and Whereas, the relief requested is to permit the construction OF an ~27’ x 22’ carport 0 feet from the front yard line, where 50’ is required, and 2.2 feet from the northwest side yard line, where 15 feet is required; and Whereas, the action is a Type II action under SEQR 617.5(c) (16) “granting of individual setback and lotline variance…” and requires no further review; and Whereas, the action does not require 239 review, per the agreement made with Tompkins County 24 November 2003. Whereas, by considering the five statutory factors, 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 are granted. The benefit sought by the applicant is to permit the construction of a ~27’ x 22’ carport 0 feet from the front yard line, where 50’ is required, and 2.2 feet from the northwest side yard line, where 15 feet is required; 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. No, this action will not produce an undesirable change or detriment to nearby properties. There is an existing carport in the location, and increasing the size of the carport does not change the character of the neighborhood. 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. There does not seem to be a better way to achieve this benefit than what is proposed. 3. Whether the requested area variances are substantial. Yes, the requested area variances are substantial, but the existing carport is nonconforming. The proposal does not increase the non-conformity in neither the sideyard nor the frontyard setbacks beyond that of the existing structure. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. It may have an adverse effect or impact by increased runoff, but the applicant has agreed to reasonably mitigate runoff. 5. Whether the alleged difficulty was self-created. Page 2 of 2 Yes. NOW THEREFORE BE IT RESOLVED AS FOLLOWS, Considering all of the statutory factors set forth above, the Board of Zoning Appeals concludes that; Decreasing the front yard setback from 50 feet to 0 feet and decreasing the side yard setback from the northwest lot line from 15 feet to 2.2 feet may not have a negative impact on the character because there’s an existing, similar structure in that location. There may not be negative impact on the environmental conditions of the neighborhood, especially because of water mitigation measures. The variance is substantial, and the difficulty is self-created. The benefits to the applicant do outweigh the potential detriment to the health, safety and welfare of the neighborhood. The variances are granted on the understanding that the proposed structure will not be any closer to the north neighbor’s property line nor will it encroach on the highway right of way. For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby does grant the area variance requested by the applicant to decrease front yard setback from 50’ to 0 feet and the side yard setback at the northwest lot line from 15 feet to 2.2 feet. Motion: Thompson Second: Butler Aye Nay Abstain Morreale 1 Howarth Tyler 1 Hillman 1 Thompson 1 (alt) Butler 1