HomeMy WebLinkAbout2018-03-21-BZA-FINALTOWN OF ULYSSES
BOARD OF ZONING APPEALS
MEETING MINUTES
Wednesday, March 21, 2018
Approved: April 18, 2018
Present: Board Chair Bob Howarth, and members Andy Hillman, Steve Morreale, Cheryl
Thompson, and David Tyler; Town Planner Darby Kiley.
Public in Attendance: Brandi Smith, Don and Ruth Murray, Cameron Berger, Chad Doolittle,
Ed Abelson, Lora Gruber-Hine, Terri Gruber-Hine, Hillary Conroy, Don Ellis, Geraldine Keil,
and Gunther Keil.
Call to Order: 7:00 p.m.
Privilege of the Floor: No one addressed the Board at this time.
Public Hearing: Appeal by Amy and Edward Abelson for area variances under Section 212-29C
Lot Area and Yard Requirements for the A1-Agricutural District of the Town of Ulysses Zoning
Law. This is for the purpose of a two-lot subdivision, where a vacant lot (Parcel B) would have
290.87 +/- feet of road frontage, which is less than the 400 feet required. This lot would be 4.72
acres with a lot depth of 645.33 +/- ft. The other lot, on which the Lakshmi Institute is located
(Parcel A), would include 18.34 acres with a lot width of 539.82 +/- ft and lot depth of 733.72
+/- ft. The property is located at 1966 Trumansburg Rd, Town of Ulysses, Tax Parcel Numbers
20.-3-9.21.
Mr. Abelson said he would like to divide the lot into two because he has a potential buyer for
parcel B. However, to achieve the 400 feet of road frontage for the parcel, it would have to
extend into an existing driveway at Lakshmi and across a ditch.
The Town did not receive any correspondence relating to the proposal.
A neighboring resident had some questions about the property and commented that her well
water is not the best quality. Mr. Abelson said the Lakshmi property has excellent water quality
and pressure.
Ms. Conroy owns and operates Smart Start in Jacksonville. She said she approached the
Abelsons to purchase and build on parcel B, since she currently rents her Jacksonville location.
Responding to a question from Ms. Smith, a neighboring property owner, Ms. Conroy said she
has no problems having her business in a rural/agriculture area and does not foresee having
complaints regarding ag-related activities.
Mr. Howarth offered a brief history of the property: the current lot was designated as a
Development District in 2008 to accommodate a mini-golf course. When the business folded, the
Town dissolved the Development District in 2013, returned it back to A1, though the property
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March 21, 2018
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was then developed for another commercial use. That development history affects the reality
now, he said. Parcel B is currently a hayed lot, Ms. Kiley said, adding that schools are a
permitted use in the A1 zone.
A discussion ensued regarding the placement of a driveway that would provide access to a farm
field at the back of Parcel B. Depending on where it was sited, the applicant could free up
additional road frontage.
Mr. Howarth said he is sympathetic to the applicant’s aim, but the road frontage requirement is a
particularly important aspect of zoning that he takes seriously. The difference between 290 and
400 feet of road frontage is large and would affect the visual view of the lot, he said. Ms.
Thompson felt developing the lot makes sense but finds the variance to be substantial. She feels
the applicant can find ways to add road frontage. Ms. Conroy said she did not see how adding 15
feet or so of road frontage would make sense from a practical standpoint. Visually, the school
building would be sited in the same location, she said. Mr. Hillman noted the large size of the
existing parking lot at the Lakshmi site, and said he would be more inclined to consider the
proposal if it were a less substantial variance.
Ms. Thompson suggested using the existing driveway as both an entry to the Lakshi and an
access point for the back field, and then have a culvert installed over the existing ditch between
the Lakshmi site and parcel B. Eliminating the southern side driveway would bring frontage up
to around 300 feet. Is there any possibility of a shared driveway? Mr. Howarth asked. Traversing
the drainage ditch between the two sites is not a huge issue, Ms. Conroy said, but it is not ideal.
Mr. Tyler advised the applicants to revise their proposal, or the BZA address the proposal as
written. This way, the BZA would be addressing a formal proposal rather than offering changes
on the fly.
Ms. Kiley cautioned that the BZA could be creating a hardship for the applicant by encouraging
a shared driveway. She also noted that whatever structures are built at the site must also meet
setback requirements.
Mr. Tyler suggested bumping out the dividing property line near the roadway, which would give
Parcel B additional road frontage, possibly up to 350 feet in total. However, Ms. Conroy
questioned whether such a move made any practical sense. Mr. Howarth stressed that the BZA
strives to be consistent in enforcing the zoning law; if the BZA were to allow 290 feet with this
proposal, another applicant could request a variance of 260 feet.
BZA members discussed whether or not to table the discussion and allow the applicant to
reconsider their proposal.
Mr. Howarth MADE the MOTION to table the discussion, pending further input from the
applicant, and Mr. Hillman SECONDED the MOTION. The motion passed, 4-1, with Ms.
Thompson voting no.
Result: Application tabled
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March 21, 2018
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The applicants left the meeting at 7:53 p.m.
Public Hearing: Appeal by Geraldine and Gunther Keil for area variances under Article VII
§212-40 D Lot Area and Yard Requirements for the R1-Rural Residence District of the Town of
Ulysses Zoning Law. This is for the purpose of a two-lot subdivision of an existing, irregularly
shaped lot, where the proposed lot would not meet the 250 foot lot depth requirement of the R1-
Rural Residence District. Lot depth is defined as the least distance measured perpendicular from
the front lot line to the rear lot line of a parcel. The proposed parcel, with 2.42 acres, is located
on the north side of Rabbit Run Rd, on the eastern boundary of the property where the existing
lot depth is approximately 171.13 feet. The property is located at 4487 Rabbit Run Rd, Town of
Ulysses, Tax Parcel Number is 12.-4-4.
Ms. Keil noted that only one end of the property fails to meet the lot depth requirement.
The Town received one comment from a neighbor, Julia Morehouse, who expressed her support
of the project.
Responding to a question from Mr. Tyler, Ms. Keil said they have a potential buyer for the
property and will apply for a subdivision once the variance is approved.
Ms. Thompson MADE the MOTION to approve the variance, and Mr. Hillman SECONDED the
MOTION as follows:
By considering the five statutory factors, the BZA reviewed the record and weighed the benefits
to the Applicants against the detriment to the health, safety and welfare of the neighborhood if
the lot depth variance is granted. Benefit sought by applicant is to subdivide the property where
the existing lot depth is approximately 171 feet on the east side of the property, and 250 feet is
the required minimum lot depth:
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 variance.
There is no evidence that the land subdivision will produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. The lot width and area
for the proposed lot and remaining land both exceed the minimum requirements for the R1
District.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible
for the applicant to pursue, other than an area variance.
The existing parcel has insufficient lot depth because of the shape of the existing parcel.
There is no way to increase the lot depth on the eastern property line.
3. Whether the requested area variance is substantial.
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March 21, 2018
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The area variance of approximately 171 feet versus 250 feet is substantial. However, the
entire remainder of the lot has depth greater than 170 feet, increasing up to 260 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 variance will have an adverse impact on the physical or
environmental conditions of the neighborhood.
5. Whether the alleged difficulty was self-created.
The difficulty is self-created. However, the existing lot is nonconforming.
6. Considering all of the statutory factors set forth above, the Board of Zoning Appeals
concludes as follows, there will not be an undesirable change in the character of the
neighborhood, nor will there be an adverse effect on the environmental conditions, the
variance is somewhat substantial but the other lot dimensions exceed the minimums, there
is no other feasible way to subdivide this parcel, and this is a self-created difficulty;
therefore the benefits to the applicants outweigh the 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
grants the area variance requested by the applicant for a minimum lot depth of
approximately 171.13 feet where 250 feet is required.
Mr. Howarth thought the difficulty is self-created because the applicant is choosing to subdivide.
Ms. Thompson accepted the change as a friendly amendment.
The vote was as follows:
Mr. Howarth AYE
Mr. Hillman AYE
Mr. Morreale AYE
Ms. Thompson AYE
Mr. Tyler AYE
Result: Variance granted
Meeting Minutes (02/21/2018)
Mr. Morreale MADE the MOTION to accept the February 21, 2018 meeting minutes, and Mr.
Howarth SECONDED the MOTION. The motion was carried, 3-0, with Ms. Thompson and Mr.
Tyler abstaining from the vote.
Mr. Howarth suggested the BZA formally elect a vice chair.
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March 21, 2018
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Mr. Howarth MADE the MOTION to appoint Mr. Morreale as vice chair of the BZA, and Mr.
Hillman SECONDED the MOTION. The motion carried, 4-0, with Mr. Tyler abstaining from
the vote.
Discussion on draft zoning
With the Zoning Update Steering Committee meeting scheduled the following day, Mr. Howarth
thought the BZA should discuss which option is best for preserving ag land. A document he and
Roxanne Marino put together details the 80/20 proposal. ZUSC has asked stakeholder
committees to weigh in on two possibilities: the original ZUSC proposal with 15 as the divisor to
determine number of developable lots, and the 80/20 proposal from the BZA, where a maximum
of 20 percent of a subdivided ag lot could be developed for residences and the remaining 80
percent would not be developable.
Ultimately, the BZA reached an informal consensus on the 80/20 proposal, finding that it offers
flexibility to the landowner and limits development of ag land. Mr. Morreale noted that whether
or not to continue to allow two primary residences per lot is a concern that needs to be addressed.
Flag lots were briefly discussed, with Ms. Kiley explaining that the current zoning has flag lots
listed as a use whereas the proposed zoning removes it as a use because it is a type of
subdivision.
Mr. Hillman MADE the MOTION to adjourn, and Mr. Morreale SECONDED the MOTION.
The motion was unanimously carried.
Meeting adjourned at 8:54 p.m.
Respectfully submitted by Louis A. DiPietro II on April 11, 2018.