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HomeMy WebLinkAbout2022-09-21-BZA-FINAL-minutesTOWN OF ULYSSES BOARD OF ZONING APPEALS FINAL MINUTES Wednesday, September 21, 2022 Approved: January 18, 2023 Present: Board Chair Steve Morreale, and members Tom Butler, Andy Hillman, Cheryl Thompson, and David Tyler. Public in Attendance: Tom Evans, and Mike and Dale Strok and Linda Liddle, who attended virtually. Call to Order: 7:08 p.m. Review of Meeting Minutes: February 16, 2022 Mr. Hillman MADE the MOTION to postpone action on the February 16, 2022 minutes, and Mr. Butler SECONDED the MOTION. The motion was unanimously carried. Public Hearing: Area Variance for 1687 Taughannock Blvd, Tax Parcel # 15.-1-6; Thomas Evans, the applicant, has proposed to construct an ~27’ x 22’ car port 0’ from the front yard line, where 50’ is required and 2.2 feet from the side yard line, where 15’ is required. Two are variances are to be considered from §212-47 E & F of the Ulysses Zoning Law respectively. Mr. Evans would like to replace an existing, single-vehicle carport with a new one that expands on the existing footprint and can fit up to three vehicles. The new carport would make his driveway more useful and minimize snow removal, he said. Mr. Morreale read a letter from a neighbor at 1691 Taughannock Blvd. who offered no objections to the project. Responding to a question from the Stroks regarding the sideyard line, Mr. Evans said the proposed carport will be 2.2 feet from the northern neighbors, the Motts, and not the Stroks, who are the southern neighbors. Mr. Morreale MADE the MOTION to close the public hearing, and Mr. Butler SECONDED the MOTION. The motion was unanimously carried. The new carport’s roof and its proximity to the highway line were discussed. Based on the survey map, it appears the carport’s roof extends over the highway line by a short distance, perhaps inches. After a discussion, Mr. Morreale and Ms. Thompson felt the resolution should state that the new carport would not encroach on the right of way. Mr. Evans also said the roof could be made narrower to clear the highway line. Town of Ulysses Board of Zoning Appeals 2 Mr. Hillman asked about the likelihood of additional paving and whether or not existing hickory and oak trees in the project’s vicinity would remain, to which Mr. Evans said he does not plan to pave the existing gravel driveway. As to the trees, Mr. Evans said one project goal is to retain those trees as well as others nearby. Both Mr. Morreale and Mr. Hillman stressed the need to slow water acceleration coming off the roof and into a nearby ditch on the property’s northside. French drains were discussed, but ultimately BZA members reached a consensus to include language in the resolution that the applicant would complete some “reasonable” water-flow mitigation. A call was made to John Zepko to clarify that the proposed action does not require a 239 review. Mr. Tyler raised additional concern about the carport’s proximity to the highway line and felt the BZA should be reviewing the property deed. He ultimately abstained from the vote because he felt the BZA should have been provided a complete copy of the applicant’s deed. Ms. Thompson MADE the MOTION to move the resolution, and Mr. Butler SECOND the MOTION as follows: Whereas, the appeal is by Thomas Evans for an area variance from §212-47 E. (front yard setback requirement of the LS Zone) and§212-47 F (side yard setback of the LS Zone). The existing property is approximately 1.219 acres in size and is located at 1687 Taughannock Blvd, Tax Parcel # 15.-1-6; and Whereas, the relief requested is to permit the construction OF an ~27’ x 22’ carport 0 feet from the front yard line, where 50’ is required, and 2.2 feet from the northwest side yard line, where 15 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 ~27’ x 22’ carport 0 feet from the front yard line, where 50’ is required, and 2.2 feet from the northwest side yard line, where 15 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. Town of Ulysses Board of Zoning Appeals 3 No, this action will not produce an undesirable change or detriment to nearby properties. There is an existing carport in the location, and increasing the size of the carport does not change 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. There does not seem to be a better way to achieve this benefit than what is proposed. 3. Whether the requested area variances are substantial. Yes, the requested area variances are substantial, but the existing carport is nonconforming. The proposal does not increase the non-conformity in neither the sideyard nor the frontyard setbacks beyond that of the existing structure. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. It may have an adverse effect or impact by increased runoff, but the applicant has agreed to reasonably mitigate runoff. 5. Whether the alleged difficulty was self-created. Yes. 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 front yard setback from 50 feet to 0 feet and decreasing the side yard setback from the northwest lot line from 15 feet to 2.2 feet may not have a negative impact on the character because there’s an existing, similar structure in that location. There may not be negative impact on the environmental conditions of the neighborhood, especially because of water mitigation measures. The variance is substantial, and the difficulty is self-created. The benefits to the applicant do outweigh the potential detriment to the health, safety and welfare of the neighborhood. The variances are granted on the understanding that the proposed structure will not be any closer to the north neighbor’s property line nor will it encroach on the highway right of way. 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 front yard setback from 50’ to 0 feet and the side yard setback at the northwest lot line from 15 feet to 2.2 feet. Motion: Thompson Town of Ulysses Board of Zoning Appeals 4 Second: Butler Aye Nay Abstain Morreale 1 Howarth Tyler 1 Hillman 1 Thompson 1 (alt) Butler 1 Result: Variance request approved Mr. Hillman MADE the MOTION to adjourn the meeting, and Mr. Butler SECONDED the MOTION. The motion was unanimously carried. Meeting adjourned at 8:32 p.m. Respectfully submitted by Louis A. DiPietro II on January 16, 2023.