HomeMy WebLinkAbout18-04 RonsvalleUSE V,4,,-ANCE FINDINGS AND DECISION
TOWN OF LANSING ZONING BOARD OF APPEALS
BACKGROUND INFORMATION
Applicant: Lansing Center Associates, LLC
C/O Ronald Ronsvalle
411 West Seneca Street
Ithaca, NY 14850
Tax Parcels #: 31.-6-10 & 31.-6-9.1
Property Location: 17 Ridge Road, Lansing, NY
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Variance No: 18-04
Zoning District: B1
Mailing Notices on: 12/6/18
Notice to County Sent on: 11/29/18
SEQRA Hearing Held On: 12/18/18
Requirement for which Variance is Requested: Use Variance
Applicable Section of Town Land Use Ordinance (the "Zoning Ordinance'): Section 503.C.43
Schedule I; to establish Contractor Yard Use within the Commercial - Mix Use (B1) Zone.
RESOLUTION AND FINDINGS
WHEREAS, an application made by Ronald Ronsvalle, agent for Lansing Center Associates on 17 Ridge
Road. Tax Parcel # 31.-6-10 & 31.-6-9.1. For a Use Variance from Section 503.C.43 Schedule I; to establish
Contractor Yard, "not currently permitted", in the Commercial Mixed Use (131) Zone. Asking to rent a
storage building to Lambert & Sons Paving Company and some designated parking area.
WHEREAS, on December 18, 2018 the Town of Lansing Zoning Board of Appeals (the "ZBA")
thoroughly reviewed and analyzed: (i) the information and evidence submitted by the applicant in
support of the requested area & use variance; (ii) all other information and materials properly
submitted before the ZBA; and (iii) the issues and impacts raised for consideration by neighbors, the
public, and the ZBA; and
WHEREAS, this application is classified as an Unlisted Action with further environmental review by
the Zoning Board of Appeals on December 18, 2018 and The 239 response letter dates December 18,
2018 from the County determined that it has no negative inter -community, or county -wide impacts so,
upon due deliberation upon the foregoing application, and all evidence and testimony presented to the
ZBA,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following findings with
respect to the specific criteria for Use variances as set forth in Town Law § 267-b(2)(b), and other
applicable provisions of law and of the Zoning Ordinance:
a) The applicant must prove that the property is unable to achieve a reasonable return for any
use allowed in that zoning district. Has the applicant been able to prove that they were not
able to find reasonable return for any other allowable use in that zoning district? Yes IX _
Findings: Yes, they were able to prove an unreasonable return. The applicant provided a
history of inability to find an occupant for the building and the subsequent losses with
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supporting documents from two brokers and a CPA. (The actual vote was "No" because the
wording following the bold was: Has the applicant been able to prove a reasonable return for
any other allowable use in that zoning district. The wording has been corrected).
b) The applicant must prove that unique circumstances apply to the property for which the
variance is requested. Has the applicant proven a unique circumstance applies to substantial
portion of the district or neighborhood? Yes _X_ Findings: The existing building is
unique, there is no other properties in the B1 Zone and neighborhood like it. The existence
of a building that pre -dated zoning that has little -to -no other foreseeable or marketable uses,
etc., the problem is or can be properly considered unique.
c) The applicant must prove that the hardship is not self-created. Has the applicant proven the
alleged hardship has not been self-created? No _X_ Findings: Contractor's Yard was not
allowed when they bought the property and still is not allowed.
d) The applicant must prove that the essential character of the neighborhood will not be altered
if the use variance is granted. Has the applicant proven the requested variance will not alter
the essential character of the neighborhood? Yes �X_ Findings: The existing building
would only be used for storage with a few pieces of equipment in the designated space on
the backside of the building.
2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one):
It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the
following area variance is DENIED
THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF
THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS:
Motion by: Maureen Cowen
Seconded by: Peter Larson II
Member: Judy Drake - Aye
Member: Maureen Cowen - Aye
Member: Linda Hirvonen - Aye
Member: Peter Larson III - Aye
Chair: Henry (Hurf) Sheldon - Aye
Dated: December 18, 2018
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TOWN of LANSING
"Home oflndustry, Agriculture and Scenic Beauty"
ZONING, PLANNING AND CODE ENFORCEMENT
Box 186
Lansing, NY 14882
E-mail: toleodes@lansingtown.com
December 19, 2018
Lansing Center Associates
Atm. Ron Ronsvalle
680 Ridge Rd
Lansing, NY 14882
Re: Denial of your Use Variance request, Tax Parcel #'s 31.-6-10 & 31.-6-9.1
(17 Ridge Rd)
Dear Lansing Center Associates;
On December 18, 2018, the Town of Lansing Zoning Board of Appeals denied your Use
Variance request to have a Contractor's Yard in the (B1) Commercial Mixed Use Zoning District.
(Resolution and Findings Attached)
Because your tenant has already moved in, there exists a violation of our Town of Lansing Land
Use Ordinance so your tenant will be required to vacant the premises in a timely manner (60days)
or you can appeal the ZBA's decision.
If you have any questions please contact our office at 533-7054 or stop by in person at 29
Auburn Rd.
Sincerely,
*Day
Code Enforcement Officer