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HomeMy WebLinkAboutLetter from Applicant – October 30, 2018Attachment to Application for Zoning Variance Barbara Miller Fox has contracted to purchase tax parcel No. 13.-1-1.22 from the owner William F. Farrell. Said property consists of approximately 130 acres of mostly undeveloped land fronting on Durfee Hill Road in the Town of Danby. Mr. Farrell acquired ownership of this property in 1972. In 1996 Mr. Farrell leased part of this land to a cell phone company for siting of and access to a cell tower. A cell tower was constructed in 1999 and has been in operation since then. The Tompkins County Assessment Department, for purposes of assessment only, has created map ID # 13. -1-1.22/99 for the cell tower leased property. The current lease for the cell tower property extends to December 31, 2031, and may be extended. Mr. Farrell and Ms. Fox as part of their purchase agreement, have agreed that Mr. Farrell may retain ownership of the property leased for the cell tower. Such retention will result in a new parcel ofland of approximately 3 acres total being created out of tax parcel No. 13.-1-1.22. The survey map provided shows as Parcel B the property currently leased for cell tower use. This is the property Mr. Farrell wishes to retain which would be the new parcel created. This three acre parcel has only 36.63 feet of frontage on Durfee Hill Road (L15 on the survey map). Also, the cell tower is only 45.2 feet from the west side line of the lot. Zoning variances for these two deficiencies are being sought. As indicated the use of the property as a cell tower site and access from Durfee Hill Road has existed since 1999 and no change in the use or operation of the leased lands is sought. Nor will there be any change of use in the remaining parcel, which would still be subject to all applicable land use rules and regulations. In particular it is asserted as follows: 1. There will be no undesirable change in character of neighborhood or a detriment to nearby properties. Current uses of the properties will continue and no changes will occur. 2. The purchase contract, with retention of the cell tower leased lands, cannot be completed by any feasible alternative to the variance; 3. The requested variance to the frontage requirement is substantial. However, the current use of the property has existed for 19 years without any frontage problems and can be reasonably expected to so continue. The unusual limited use of the property as a cell tower site with access roadway can be accommodated by the limited frontage without any harm to public safety or welfare. The requested variance for the side yard deficiency is not substantial. There are no other structures in the area. 4. The variance would have no adverse impact on the physical or environmental conditions in the neighborhood. No change in use of the properties will occur. 5. The alleged difficulty can be said to be self-created. However, the lease and use of the cell tower property was consistent with established commercial practices. Mr. Farrell does not wish to give up his lease and Ms. Fox has no interest in acquiring it. Ms. Fox only wishes to acquire and maintain undeveloped lands near her home on Durfee Hill Road. Ms. Fox has previously acquired undeveloped lands from Mr. Farrell -tax parcel No. 13.-1-1.32 (acquired in 2011) and tax parcel No. 13.-1-1.25 (acquired in 2007), and they both remain undeveloped.