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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. Page 2 of 2 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