HomeMy WebLinkAboutBZA Resolution 2021-02-17, 27.-2-2.13Page 1 of 2
TOWN OF ULYSSES BOARD OF ZONING APPEALS RESOLUTION
4241 Dubois Road
For consideration 17 February 2021
Whereas, the appeal is by Patricia Chaffie for an area variance from §212-29 G. (side yard setback
requirement of the AR Zone) and 212-29 J (maximum lot coverage in the AR Zone). The applicant
is seeking to construct an addition 17 feet from the south east side yard line, where 30 feet is
required. The existing property is approximately 1.43 acres in size and is located at 4241 Dubois
Road, Tax Map # 27.-2-2.13; and
Whereas, the relief requested is to permit the construction of an addition with a side yard setback
on the east side of 17 feet, where 30 feet is required; and
Whereas, the action is a Type II action under SEQR 617.5(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 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
addition with a side yard setback on the east side of 17 feet; 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.
Yes, granting the variance would create an undesirable change in 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.
Yes, based on our consideration, the BZA believes there are other alternatives for the applicant to
meet their desired goals.
3. Whether the requested area variances are substantial.
Yes, the 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.
No, the BZA does not believe it will have an adverse effect or impact on the physical or
environmental conditions.
5. Whether the alleged difficulty was self-created.
Yes, the difficulty is self-created.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS,
Page 2 of 2
Considering all of the statutory factors set forth above, the Board of Zoning Appeals concludes that;
Decreasing the side yard setback from the eastern lot line from 30 feet to 17 feet may have a negative
impact on the character but not on the environmental conditions of the neighborhood. The variance
is substantial, and the difficulty is self-created. The benefits to the applicant do not outweigh the
potential detriment to the health, safety and welfare of the neighborhood.
For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby does not
grant the area variance requested by the applicant to decrease the side yard setback at the eastern lot
line from 30 feet to 17 feet.
Motion: Howarth
Second: Hillman
Aye Nay Abstain
Morreale 1
Howarth 1
Tyler 1
Hillman 1
Thompson
(alt) Butler 1