HomeMy WebLinkAboutBZA Resolution 2022-02-16, 18.-1-17.12
BOARD OF ZONING APPEALS
2/16/22
WHEREAS, appeal by Jason K. Demarest representing Michael and Debbie Kamark, owners, for an
area variance from §212-47 (E), minimum setback from Cayuga Lake in the Lake Shore (LS) Zone. The
applicant is seeking to build a two-story accessory building with a footprint of 440 square feet that is
20’ from the side property line, where 50’ is required.
WHEREAS, by considering the five statutory factors, the BZA reviewed the record and weighed the
benefits to the Applicant against detriment to the health, safety and welfare of the neighborhood if
variance is granted. The benefit sought by the applicant is to permit a structure to be 20 feet from
property line, where 50 feet is required.
1. Whether an undesirable change will be produced in the character of the neighborhood or
a detriment to nearby properties will be created by granting variance.
Hard surfaces are being added but their impact will be mitigated by installation of rain garden
and removal of existing lake-access staircase.
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.
Existing cliff limits the depth of beach area available for an accessory building and is
considered a practical difficulty.
3. Whether the requested area variances are substantial.
The requested variance is substantial -- setback is infringed upon by 50%, however, the new
structure is completely within required setback and mostly covers an existing footprint.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions of the neighborhood or district.
Addition of a rain garden and smaller size structure will mitigate any adverse effect or
negative impact.
5. Whether the alleged difficulty is self-created.
The difficulty is self-created.
NOW THEREFORE BE IT RESOLVED:
Considering all the statutory factors set forth above, the Board of Zoning Appeals concludes that:
Infringing on the front yard setback by 50% may have some adverse impact on the character and/or
environmental conditions of the neighborhood, but these will be mitigated by conditions set forth in
the proposal, and grants the requested variance.
Aye Nay Abstain
Morreale
Howarth
TOWN OF ULYSSES
10 Elm Street, Trumansburg, NY 14886
ulysses.ny.us
Town Supervisor (607) 387-5767, Ext 232 supervisor@ulysses.ny.us
Town Clerk (607) 387-5767, Ext 221 clerk@ulysses.ny.us
Tyler X
Hillman X
Thompson X
(alt) Butler X
Result: Variance granted.
2/16/22