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HomeMy WebLinkAboutBZA Resolution 2021-01-20, 21.-1-9.3Page 1 of 2 TOWN OF ULYSSES BOARD OF ZONING APPEALS RESOLUTION 4314 Swamp College Road For consideration 20 January 2021 Whereas, the appeal is by Sharon Bilotta for an area variance from §212-29 G. (side yard setback requirement of the AR Zone). The applicant is seeking to construct a garage 15 feet from the east side yard line, where 30 feet is required. The existing property is approximately 25 acres in size and is located at 4314 Swamp College Road, Tax Map # 21.-1-9.3; and Whereas, the relief requested is to permit the construction of a garage with a side yard setback on the east lot line of 15 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 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 garage with a side yard setback on the east side of 15 feet, where 30 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 undesirable change will be produced by granting this variance. 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 is no reasonable method other than what the applicant has proposed to accomplish their goals. 3. Whether the requested area variances are substantial. Decreasing the side yard setback by 50 percent 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. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. 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 15 feet will not have a negative impact on the character or the environmental conditions of the neighborhood. The variance is substantial, and the difficulty is self-created. However, the benefits to the applicant do 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 grant the area variance requested by the applicant to decrease the side yard setback at the eastern lot line from 30 feet to 15 feet. Motion: Tom Butler Second: Bob Howarth Aye Nay Abstain Morreale 1 Howarth 1 Tyler 1 Hillman 1 Thompson (alt) Butler 1