HomeMy WebLinkAboutBZA Resolution 2019-11-20, 28.-1-4.1Page 1 of 2
TOWN OF ULYSSES BOARD OF ZONING APPEALS RESOLUTION
1377 Taughannock Blvd
For consideration 20 November 2019
Whereas, the appeal by Patricia and Richard Moran, for an area variance from Section 212-54 F.
(Side Setback Requirement of the LS zone), of the Town of Ulysses Zoning Law at the property
located at 1377 Taughannock Blvd, Tax Map # 28.-1-41; and
Whereas, the relief requested is for the purpose of permitting an addition 5.5 feet from the
Northern property line where 15 feet is the required setback; 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, 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 for the purpose of permitting an
addition 5.5 feet from the Northern property line where 15 feet is the required setback.
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.
The neighborhood itself is residential in nature and is likely to be negatively impacted by an addition
to a residence. The existing structure is already nonconforming, but a further encroachment into the
setback to the distance of 5.5 feet from the property line is too great.
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, for example, sufficient room appears to exist on the Southern side of the property to construct
an addition within the required 15’ side yard setback area.
3. Whether the requested area variances are substantial.
The variance is substantial. The applicant is seeking a variance to decrease the side yard setback from
15 feet to 5.5 feet.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
It is unlikely that the project will result in significant adverse environmental impacts.
5. Whether the alleged difficulty was self-created.
The difficulty is self-created.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS,
Considering all of the statutory factors set forth above, the Board of Zoning Appeals concludes that;
Page 2 of 2
Decreasing the side yard setback from 15 feet to 5.5 feet to allow an addition to the existing home
will have a negative impact on the character of the neighborhood 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 on the North
side of the property from 15 feet to 5.5 feet.
Motion: Butler
Second: Morreale
Ayes: Howarth, Butler, and Morreale Nays: none Abstain: Tyler