HomeMy WebLinkAboutBZA Resolution 2020-12-16, 32.-1-10Page 1 of 2
TOWN OF ULYSSES BOARD OF ZONING APPEALS RESOLUTION
1113 Glenwood Heights Road
For consideration 16 December 2020
Whereas, the appeal by Justine Waldam, represented by Michael Carpenter, for an area variance
from §212-29 D. (lot width at the front lot line in the AR Zone). The property is located at 1113
Glenwood Heights Rd, Tax Map # 32.-1-10 and is ~14.49 acres in size; and
Whereas, the relief requested is to permit the subdivision of an approximately 2 acre lot with 190.67
feet of road frontage, where 400 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 subdivision of an
approximately 2-acre lot with 190.67 feet of road frontage, where 400 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.
This property is in the Agricultural Zone, and the 400-foot road frontage minimum is important to
maintaining 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.
The applicant can complete the subdivision in conformance with Town of Ulysses zoning through a
conforming flag lot.
3. Whether the requested area variances are substantial.
The variance is substantial. The applicant is seeking a variance to decrease the minimum width at the
front lot line from 400 feet to 190.67 feet.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
While the project is small in scope, it is unknown if the project will have adverse environmental
impacts to the neighborhood given water quality and quantity issues as experienced by some nearby
neighbors.
5. Whether the alleged difficulty was self-created.
The difficulty is self-created.
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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 minimum lot width at the front lot line from 400 feet to 190.67 feet would have a
negative impact on the character and possibly 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 minimum lot width at the front lot
line from 400 feet to 190.67 feet.
Motion: HILLMAN
Second: HOWARTH
Aye Nay Abstain
Morreale 1
Howarth 1
Tyler
Hillman 1
Thompson 1
(alt) Butler 1